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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
Arjuna Subject : -
Articles 20 Documents
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Search results for , issue "Vol. 8 No. 1 (2024): Januari-April" : 20 Documents clear
PERLINDUNGAN HUKUM UMKM INTERNASIONAL UNTUK KESEJAHTERAAN MASYARAKAT BERDASARKAN KEADILAN SOSIAL Pratama, Rinanda Bagus Anarta
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7392

Abstract

One of the efforts that can realize the welfare of the people is to increase the competitiveness of Micro, Small and Medium Enterprises (MSMEs) to be able to develop in global competition. This research aims to find out the potential and problems of MSME development and to find out the legal protection for MSMEs implementing international trade in the context of improving people's welfare based on social justice. This type of research is normative juridical with a statutory approach, conceptual approach, and historical approach. The results of this study indicate that the potential in the development of MSMEs implementing international trade is that MSMEs are the most dominant form of business in Indonesia, MSMEs are able to absorb labor significantly, MSMEs are able to improve community welfare. Furthermore, the obstacles in the development of MSMEs implementing international trade are divided into 2, namely external obstacles including access to banking funding is still difficult for most MSMEs today, so many MSMEs still use personal funds rather than bank loans, inefficient bureaucratic services, and high infrastructure costs. As for the internal barriers, they are institutional and human resources, production and marketing, intellectual capital. The basis of legal protection for MSMEs implementing international trade in the context of improving people's welfare based on social justice is the principles of international trade, references to sources of international trade law, UU No. 20 of 2008 concerning MSMEs, Government Regulation No. 17 of 2013 concerning the Implementation of UU No. 20 of 2008, UU No. 7 of 2014 concerning Trade, Government Regulation No. 7 concerning the Ease, Protection, and Empowerment of Cooperatives and MSMEs, and UU No. 11 of 2020 concerning Job Creation.
PERSPEKTIF YURIDIS DAN ETIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 2/PUU-XX/2022 Munawwar, Said
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7621

Abstract

The decision of the Constitutional Court Number 2/PUU-XX/2022 sparked an interesting theoretical debate. This decision provides space for former narcotics convicts to run in regional head elections. According to the Constitutional Court, the decision "whether or not" a person advances in political contestation, regardless of whether he is a former convict or not, only has the right to be determined by the people as the holder of the highest power in the state. This is a logical consequence of the adoption of democratic principles in Indonesia. Therefore, according to the Constitutional Court, any state institution has no right to limit a person's chances of winning in a political contest. The Court only added that the former narcotics convict was obliged to announce to the public that he was a former narcotics convict. As long as this is done, and it turns out that the people still accept themselves and their past, then the election is valid, and the former convict has sufficient legitimacy to lead a region. The Constitutional Court also considered that even if a person has been convicted, once he/she is released from detention, he/she still has the right to get a second chance to correct his/her mistakes. This paper attempts to examine from an ethical and legal perspective, on this decision. This paper will use a normative juridical research method, with a conceptual approach and a statutory approach. Based on the juridical and ethical analysis carried out, it proves that things are different from the court's legal considerations in the decision. From a juridical perspective, this decision fulfills the element of legal certainty. However, on the other hand, it is compete with the elements of justice and benefit.
PERTANGGUNGJAWABAN BANK TERHADAP NASABAH KORBAN KEJAHATAN ITE DI BIDANG PERBANKAN Yudanto, Yudanto; Surbakti, Natangsa; Yuspin, Wardah
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7764

Abstract

The recent rise in ITE crimes in the banking sector has given rise to new problems, both legally and economically. These crimes often involve resource users, infrastructure, and customer identities. As a result, in terms of implementing criminal law, especially banking and financial services companies must bear responsibility for their customers' losses. The importance of bank accountability towards its customers who are victims of ITE crimes from a criminal law perspective is the objective discussed in this research. This legal research refers to positive legal norms in accordance with the hierarchy of existing laws and regulations, legal principles, legal doctrine, as well as other literature relating to Bank responsibility for crimes in criminal law. The results of the analysis from this research show the importance of protecting bank customers by banks and that there have been efforts made by the Indonesian banking industry to empower and protect consumers with the banking criminal regulations in Law no. 10 of 1998 which is mentioned in detail therein.
KEDUDUKAN PERUSAHAAN MULTINASIONAL SEBAGAI SUBJEK HUKUM INTERNASIONAL Halima, Nazla Haditya; Muhammad, Danang Wahyu
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7817

Abstract

This article aims to analyze the position of multinational corporations as subjects of national law and international law and to analyze the imposition of responsibilities on multinational corporations in unlawful acts. The research method used in this paper is normative juridical by using laws and concepts. Indonesian national law does not specifically regulate national corporate entities. However, it is described through Law Number 40 of 2007 concerning limited liability companies. Whereas in international law multinational companies have been accommodated in various international agreements and conventions as well as international principles. Specific national laws do not regulate multinational corporations. However, it is quite possible to achieve harmony between multinational corporations and states as entities governed by international law. However, Law Number 40 of 2007 concerning Limited Liability Companies (UUPT of 2007) stipulates that the direction is responsible for the management. This is because of the important role and strategic direction as the management of a limited liability company. Meanwhile, the board of commissioners is responsible for overseeing company management policies according to regulations, advising directors on how to manage the company, and approving or assisting directions to take certain actions in terms of equity and business management in emergencies.
PERLINDUNGAN HUKUM DAN PENYELESAIAN JAMINAN FIDUSIA TERHADAP DEBITUR CIDERA JANJI Ardini, Shela; Yahanan, Annalisa; Ridwan, Ridwan
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7901

Abstract

A fiduciary guarantee is a form of guarantee or security in a financial transaction where a party called the debtor (the party who borrows) gives the right to a certain asset to the creditor (the party who provides the loan or credit) as collateral for the fulfillment of the debtor's obligations to the creditor. The aim of this research is to explore legal protection and settlement strategies in cases of fiduciary guarantees for debtors who default. This research uses a normative juridical writing approach supported by empirical evidence to identify and analyze the legal framework that regulates fiduciary guarantees in various jurisdictions, such as a statutory approach and a conceptual approach. This research also uses normative and empirical legal analysis methods. The results of the research show that the implementation of the legal protection given to creditors in a fiduciary guarantee agreement conforms to Law No. 42 of 1999 concerning Fiduciary Guarantees, namely by providing protection through the execution of fiduciary guarantees, and ultimately providing consideration of options for creditors and debtors to be able to take action negotiate first.
PERLINDUNGAN HUKUM BAGI PEKERJA ALIHDAYA DENGAN UPAH DIBAWAH KETENTUAN: TINJAUAN TEORI KEPASTIAN HUKUM Kurnia, Asep
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7961

Abstract

Outsourcing is to respond to global economic developments and the speed of technological development so that global competition is very tight. The logical consequence of this condition is the decision by company leaders or management to hand over or outsource some of the company's processes to other parties. The aim of this research is the implementation of Law Number 11 of 2020 concerning Job Creation in relation to providing protection for outsourcing workers. This type of research is qualitative, with a normative legal research approach. The results of the discussion obtained the answer that legal protection for outsourced workers is viewed from the principle of legal certainty in Law Number 13 of 2003 and Law Number 11 of 2020 on Job Creation concerning Employment which can be seen in two forms, namely legal certainty in preventive protection and legal certainty in repressive protection. Legal certainty in the context of preventive protection covers several aspects, including clarity regarding employment relations, time-limited work agreements (PKWT), social security, wage levels and wage compensation. In the context of outsourcing, there are no longer any restrictions on the types of work that can be outsourced. For this reason, regulations are needed that provide further detail regarding legal certainty in preventive and repressive protection, to ensure more comprehensive protection.
PERLINDUNGAN HAK PEKERJA PKWT TERHADAP PEMBERIAN KOMPENSASI DI PERUSAHAAN Rahmatullah, Rahmatullah; Effendi, Ria Regger; Santoso, Imam Budi
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7992

Abstract

This study aims to find out the extent of the impact of the enactment of Law number 11 of 2020 concerning job creation which has been legalized as a law at the level of practice in the Company. The enactment of this law brings very significant changes to companies with the obligation to provide compensation at the end of the PKWT. This is a new problem for the business world which is classified as middle to lower so as to meet it a wide variety of policy variations in relation to providing other benefits to balance costs for the sustainability of the next business. This article examines how the protection of PKWT, which has some other benefit rights, is reduced due to balancing company expenses. This research uses normative research methods with an analytical descriptive approach where this article describes the phenomena that occur in companies that are classified as middle to lower class so as to ensure the problems that occur and are studied normatively. So that with this article, it is hoped that there will be policy changes made by the government to the conditions after the enactment of Law number 11 of 2020 concerning job creation, especially in the arrangement for providing compensation money at the end of PKWT workers so that the business continuity and rights of PKWT employees can all be fulfilled properly.
PERLINDUNGAN HUKUM TANAH ADAT SETELAH TERBITNYA PERATURAN PEMERINTAH MENGENAI BADAN BANK TANAH Permadi, Iwan; Muttaqin, Irsyadul
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8006

Abstract

This article aims to analyze agrarian conflicts and legal protection of customary land after the establishment of the Government Regulation on the Land Bank Agency in Indonesia. The presence of the Land Bank has the potential for conflict of interest and recognition of customary land can be neglected under the pretext of stateization. This research uses normative research and is based on statutory and conceptual approaches. The results show that agrarian reform contained in the Land Bank study actually backs up agrarian reform itself in terms of land acquisition, because land can be obtained through the transfer of land ownership by the state. Therefore, within the framework of ius constutuendum, the Government needs to improve the Job Creation Law in the land sector and the Government Regulation on the Land Bank, in addition, the public can also conduct a Material Test on articles containing land stateization arrangements in the Job Creation Law and Government Regulations on the Land Bank to strengthen guarantees and fulfillment of the rights of indigenous land communities.
PROBLEMATIKA HUKUM SUBSTANSI SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2019 SEBAGAI DASAR HUKUM PENGAJUAN KEPAILITAN BURUH Putri, Clarisa Permata Hariono
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8095

Abstract

Factually, there is a dualism in the judge's decisions responding to bankruptcy applications by workers, so that the Supreme Court Circular Letter Number 2 of 2019 was formed. This research aims to analyze the existence of legal problems in terms of substance in the Supreme Court Circular Letter Number 2 of 2019. This legal research is normative legal research with statutory and conceptual approaches. The results of the research concluded that there are several legal problems on the Supreme Court Circular, including the incompatibility of the concept of bankruptcy with the provisions of legislation in the field of bankruptcy, provisions that conflict with the absolute authority of the Industrial Relations Court and the Commercial Court, and the existence of a legal vacuum in the provisions of Supreme Court Circular Letter Number 2 of 2019.
EFEKTIFITAS PENEGAKAN HUKUM TINDAK PIDANA RINGAN DI KOTA BATAM Tantimin, Tantimin; Febriyani, Emiliya; Pertiwi, Putri Nada
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8265

Abstract

The effectiveness of law enforcement is a crucial aspect in analyzing the performance of a country's legal system. The level of success in preventing law violations and creating a deterrent effect for potential criminals can be used as an indicator of effectiveness, both through existing legal theory and empirical approaches to law enforcement for minor crimes in accordance with applicable laws. The aim of this research is to identify the effectiveness of law enforcement against minor crimes in Batam City. The research method applied is the Empirical Legal Method, with data collection carried out through in-depth interviews with law enforcement officials, and researchers who are the key instruments for analyzing data accurately. The results of this research indicate that law enforcement against minor crimes in Batam City is in accordance with applicable operational standards. Analysis through interview data and a legal effectiveness theory approach shows that law enforcement against minor crimes in Batam City can be considered effective. These findings provide a clear picture of the achievement of law enforcement standards and their effectiveness, in accordance with relevant legal aspects.

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