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Legal Standing : Jurnal Ilmu Hukum
Published by Universitas Muhammadiyah Ponorogo
ISSN : 25808656     EISSN : 25803883     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legal Standing : Jurnal Ilmu Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Ponorogo dua kali setahun pada bulan Maret dan Desember. Redaksi Legal Standing : Jurnal Ilmu Hukum menerima naskah artikel laporan hasil penelitian empirik dan naskah hasil kajian teoritis yang sesuai dengan visi Legal Standing : Jurnal Ilmu Hukum tentang Hukum Pidana, Perdata, Tata Negara, Tata Usaha Negara, Hukum Adat, Hukum Islam, Sosiologi Hukum, teori hukum, Hukum Agraria, Filsafat Hukum, Hukum dan Korupsi, Hukum Lingkungan, Pemerintahan Daerah, Hukum Perkawinan, Hukum Acara Pidana dan Perdata, Hukum dagang dan Perbankan, Hukum dan ITE, Konstitusi, Hukum Pidana Khusus, Kebijakan Publik, Politik Hukum dan Victimology
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Articles 13 Documents
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Search results for , issue "Vol. 10 No. 1 (2026): Legal Standing" : 13 Documents clear
Analisis Penegakan Hukum Pidana dalam Menangani Ujaran Kebencian Berbasis SARA di Platform Media Sosial Arianto, Deni; Rindiani, Anis; Yuliana, Sri
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12589

Abstract

This research examines the application of legal provisions related to religious-based hate speech in social media, focusing on the provocation cases that occurred during Pope visit to Indonesia in September 2024. The case involved the arrest of seven individuals, including a civil servant, suspected of making provocations such as bomb threats and church burning incitements on various social media platforms. Using a juridical-empirical approach, this research analyzes the application of the Electronic Information and Transaction Law, Anti-Terrorism Law, and related regulations in the law enforcement process. Data collection methods included interviews with law enforcement officials, legal document analysis, and case studies. The findings reveal that while Indonesia's legal framework is relatively comprehensive in regulating hate speech, its implementation still faces challenges related to the interpretation of free speech boundaries, coordination among law enforcement agencies, and technical capacity in cybercrime investigations. This research recommends strengthening law enforcement capacity, enhancing digital literacy among citizens, and harmonizing regulations regarding hate speech and online extremism to create more effective law enforcement while respecting human rights principles.
ESENSIALITAS PENEGAKAN HUKUM TINDAK PIDANA PENELANTARAN ANAK DALAM PERSPEKTIF BEST INTEREST OF THE CHILD Wahyuono, Firman Tri; Kadir, Syukron Abdul; Chrisjanto, Edy; Munawar, Said
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12784

Abstract

This study examines the enforcement of the best interest of the child principle in child custody cases related to child neglect in the Indonesian legal system. This study uses normative legal research methods with approaches to legislation, conceptual, and comparative law, by analyzing national regulations and comparing child protection mechanisms in Sweden, Australia, and Canada. The results showed that the power of parents over children is not an absolute or invulnerable domain, but is limited by the obligation to protect the fundamental rights of children. the role of State parens patriae provides justification for state intervention in cases of child neglect through a system of mandatory reporting, Cross-Sector Coordination, as well as rehabilitative measures. However, law enforcement in Indonesia is still not effective due to weak institutional coordination, insufficient evidence, especially in cases of non-physical neglect, limited involvement of experts, and still strong cultural views that position child neglect as a private family affair. Hence the need for a systemic reform of the law, including the formulation of clearer indicators of child neglect, the strengthening of expertise-based evidence mechanisms, as well as the establishment of a victim-oriented rapid response system. Thus, state intervention is positioned as an essential legal and moral responsibility in protecting the rights of children, not as a form of violation of family privacy.
TRANSFORMASI PENEGAKAN DUE PROCESS OF LAW DALAM TAHAPAN PENYIDIKAN DI INDONESIA: ANTARA PERLINDUNGAN HAK TERSANGKA DAN EFEKTIVITAS PENEGAKAN HUKUM Kurdi; Ardhan, Adery; Dadek, Teuku Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12833

Abstract

This study examines the legal problem of the transformation of due process of law at the investigation stage in Indonesia, where the protection of suspects’ rights continues to conflict with the effectiveness of law enforcement. Normatively, the Criminal Procedure Code (KUHAP) adopts the Due Process Model, yet in practice the Crime Control Model remains dominant, creating a gap between das sollen and das sein. This research employs a normative legal research method through statutory, doctrinal, and case analysis to assess suspects’ rights and oversight mechanisms during investigations. The findings reveal that the right to legal assistance under Articles 54 and 56 of the KUHAP is still weakly implemented, contributing to the persistence of torture to obtain confessions. Internal and external oversight mechanisms have also proven suboptimal. A significant shift emerges from Constitutional Court Decision No. 21/PUU-XII/2014, which expands pretrial review to include suspect determination, searches, and seizures. Normatively, the study concludes that strengthening due process of law requires legislative reform by institutionalizing the Commissioner Judge as a proactive judicial supervisor.
IMPLEMENTASI PEMBENTUKAN RANCANGAN PERATURAN WALI KOTA SURABAYA TENTANG POSYANDU BERDASARKAN UNDANG-UNDANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Saputra, Moch. Rafli Wahyu Dwi; Kartika, Adhitya Widya
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12903

Abstract

This research addresses the low level of public understanding regarding the procedure for drafting the Surabaya Mayor Regulation (Raperwali) on Posyandu, despite the mechanism being regulated in Law No. 12 of 2011 on the Formation of Laws and Regulations and its implementing provisions. The limited knowledge of the stages of planning, drafting, deliberation, ratification, and promulgation creates a gap between the normative process conducted by the local government and community involvement as stakeholders. This study employs a descriptive qualitative approach through field research and document analysis. Primary data were obtained from in-depth interviews with officials involved in the drafting process, while secondary data were collected from legal and administrative documents. The findings indicate that the drafting of the Surabaya Mayor Regulation on Posyandu generally complies with applicable statutory provisions; however, several obstacles remain, including limited human resources, the lack of legal drafting experts, and lengthy bureaucratic procedures. Therefore, although the regulation has a valid legal and procedural basis, strengthening transparency, cross-sectoral coordination, and institutional capacity is necessary to enhance its effectiveness and legitimacy. Ultimately, the Mayor Regulation on Posyandu serves not only as an administrative legal instrument but also as a means of community empowerment in supporting the achievement of Minimum Service Standards (SPM) in public services.
Pengelolaan Perdagangan Pakaian Bekas: Studi antara Indonesia dan Thailand untuk Menghentikan Penyelundupan Pakaian Bekas Babyliany, Vanessa; Silviani, Ninne Zahara; Afdal, Windi
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12987

Abstract

This study discusses legal issues surrounding the management of secondhand clothing trade (thrifting) in the context of preventing smuggling through a comparative study between Indonesia and Thailand. The main issues examined are the differences in regulatory approaches between the two countries and their implications for the effectiveness of law enforcement and consumer protection. The research method used is normative juridical with a legislative approach and a comparative law approach, analyzing national regulations and international legal instruments, including the Basel Convention (1989). The results show that Indonesia implements a restrictive policy on the import of used clothing, but faces obstacles in terms of supervision and the legal culture of society, so that smuggling practices still continue. In contrast, Thailand implements a more adaptive licensing and hygiene supervision mechanism, thereby creating harmony between the legal structure, legal substance, and legal culture. Normatively, this study concludes that the management of the used clothing trade requires a balance between legal certainty and effective supervision, as well as a regulatory approach that is in line with the principles of sustainability and the circular economy.
KEABSAHAN PRODUK REDISTRIBUSI TANAH YANG DITERBITKAN DIATAS TANAH ASET NEGARA (EX-BLBI): STUDI KASUS PUTUSAN PN CIBINONG NO. 182/PDT.G/2021/PN CBI): Studi Kasus Putusan Pn Cibinong No. 182/Pdt.G/2021/Pn Cbi Aisyah, Siti; Amelia, Rika; Puspitosari, Jathu
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12959

Abstract

The land case in Cikopomayak and Neglasari Villages, Bogor Regency, presents unique legal complexities. This study analyzes the legal conflict that arose between the settlement process for Bank Indonesia Liquidity Assistance (BLBI) assets and the implementation of the land redistribution program, focusing on the cancellation of 300 certificates in Cikopo Mayak, Jasinga, Bogor. The case stemmed from the confiscation of land by the Indonesian Bank Restructuring Agency (IBRA) in 1999 as part of BLBI debt collection. The land was then allocated for the land redistribution program by the ATR/BPN, with certificates issued to the community from 2015–2020. However, Cibinong District Court Decision No. 182/Pdt.G/2021/PN.Cbi determined that the land was still under state confiscation status for the settlement of BLBI obligor obligations, resulting in the cancellation of the issued certificates. The findings indicate that the lack of synchronized coordination between institutions and the unclear status of the assets were the main factors in the dispute. This case highlights the need for policy reform and procedural certainty to ensure that the settlement of BLBI assets does not compromise the rights of recipients of the redistribution funds and to prevent similar conflicts in the future.
Wasiat Wajibah Sebagai Jembatan Hukum Bagi Penyelesaian Masalah Kewarisan Perkawinan Beda Agama di Indonesia: Studi Terhadap Hukum Kewarisan Islam dan Hukum Kewarisan Perdata (BW) Nursyahda, Faradhilla; Afdal, Windi; Fitri, Winda
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13162

Abstract

In the context of interfaith marriage, this study aims to investigate the differences in inheritance law regulations between Indonesian civil law and Islamic law. This study uses a normative juridical approach that combines conceptual, legislative, and comparative methodologies. The Civil Code, the Compilation of Islamic Law (KHI), and Supreme Court decisions are examples of primary legal materials; secondary legal elements are derived from literature and legal journals that are evaluated qualitatively. The findings show that, as long as it does not conflict with Article 838 of the Civil Code and allows for the use of wills, civil inheritance law does not view religious differences as an obstacle to inheritance. Islamic inheritance law, on the other hand, prohibits inheritance between people of different religions as stated in the KHI and hadith, but provides for a mandatory will as a substitute, with a maximum of one-third of the inheritance. To achieve legal certainty in Indonesia, this study finds that the wajibah will serves as a legal bridge to connect the principles of justice in Islamic law with the freedom to determine wills in civil law.
Perlindungan Hukum bagi Konsumen atas Pemalsuan Registrasi BPOM Pangan Olahan: Perbandingan Regulasi Indonesia dan Malaysia Simatupang, Revinka; Fitri, Winda; Nurlaily
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13206

Abstract

This study examines the legal issues surrounding the falsification of BPOM (Food and Drug Authority) registration numbers on processed food products through a comparative study between Indonesia and Malaysia. The main problems analyzed concern the differences in regulatory approaches between the two countries and the need for legal lessons that Indonesia can adopt to strengthen its consumer protection system. The research employs a normative juridical method using a statutory and comparative approach, based on the analysis of legislation, academic literature, and relevant research findings. The results show that legal protection in Indonesia remains indirect, fragmented across various regulations, and primarily focuses on repressive rather than preventive measures. In contrast, Malaysia has implemented a digital supervision system, adopted the principle of strict liability, and established stronger law enforcement through the National Pharmaceutical Regulatory Agency (NPRA). Normatively, this study concludes that Indonesia needs to establish specific provisions regarding the falsification of distribution permits in BPOM regulations or the Food Law, strengthen BPOM’s authority as the sole supervisory institution, and adopt a digital monitoring system to achieve effective, preventive, and technology-adaptive consumer legal protection.
Perlindungan Konsumen terhadap Praktik Overclaim dalam Industri Skincare: perbandingan antara Indonesia dan Amerika Serikat Salsabilla, Anindya Putri Keisha; Fitri, Winda; Nurlaily
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13300

Abstract

The rapid growth of the skincare industry, particularly through the use of digital marketing, has contributed to the increasing prevalence of overclaim practices that have the potential to mislead consumers. This study aims to examine the forms of legal protection for consumers against overclaim practices in the skincare industry in Indonesia and the United States, as well as to analyze legal principles and mechanisms that can be adopted by Indonesia to strengthen its consumer protection system. This research employs a normative legal research method using statutory, conceptual, and comparative approaches, drawing on primary and secondary legal materials, including the Consumer Protection Law, BPOM regulations, as well as the Federal Food, Drug, and Cosmetic Act and the Modernization of Cosmetics Regulation Act (MoCRA) 2022 in the United States. The findings indicate that Indonesia’s consumer protection system remains largely reactive and administrative, as supervision and law enforcement are generally conducted after products have entered the market and violations have been identified. In contrast, the United States applies a preventive and evidence-based consumer protection framework through mandatory pre-market verification, the application of the principle of scientific accountability, and the support of transparency mechanisms and class action procedures, thereby providing more effective consumer protection. These findings are consistent with Philipus M. Hadjon’s Theory of Legal Protection, which emphasizes the importance of preventive legal protection to prevent consumer harm.
Indonesia Sipahutar, Amelia Mardhatillah; Lubis, Zulpahmi
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.13357

Abstract

The discovery of nine processed food products containing pork (porcine) elements in April 2025, some of which had already been halal certified, caused public concern and raised questions regarding the effectiveness of the halal certification system and the legal protection of consumers. This study aims to analyze the roles and responsibilities of the Regional Office of the Halal Product Assurance Organizing Agency (UPT Badan Penyelenggara Jaminan Produk Halal/BPJPH) of North Sumatra and LPPOM MUI of North Sumatra in ensuring the authenticity of halal food products, as well as to examine the forms of legal protection provided to consumers over halal-certified products that are proven to contain porcine elements. The theoretical framework of this study is based on the concepts of legal protection, consumer protection, and halal product assurance, referring to Law Number 33 of 2014 concerning Halal Product Assurance and Law Number 8 of 1999 concerning Consumer Protection. This research employs a normative-empirical legal research method, which combines the study of statutory regulations with empirical data obtained through interviews and observations conducted at the UPT BPJPH and LPPOM MUI of North Sumatra. The results show that weak post-certification supervision and the lack of good faith among business actors are the main factors contributing to violations of halal integrity. Legal protection for consumers is implemented through preventive measures in the form of socialization, education, internal audits, and periodic supervision, as well as repressive measures in the form of revocation of halal certificates, withdrawal of products from circulation, and the imposition of administrative sanctions on business actors. This study emphasizes the need to strengthen supervisory functions, enforce sanctions consistently, and enhance inter-institutional coordination in order to ensure legal certainty and effective consumer protection.

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