Legal Standing : Jurnal Ilmu Hukum
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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<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN VICTIM BLAMING DALAM ALIRAN REALISME HUKUM PADA KASUS KEKERASAN SEKSUAL ]]>
<![CDATA[Putri, Angely Lina]]>;
<![CDATA[Kusnadi, Sekaring Ayumeida]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.8709
<![CDATA[Victims of sexual violence do not receive justice and legal protection, but instead receive victim blaming behavior from society. Legal protection for victims and finding the role of legal realism in overcoming victim blaming behavior is very necessary. Therefore, this research aims to understand legal protection for victims of sexual violence by victim blaming based on realism. This research uses a normative juridical method. By using a statutory approach and a conceptual approach. Violence against women is a violation of human rights that must be condemned and acted upon. The Indonesian government has issued various laws and regulations to protect women from violence, discrimination and intimidation. The role of legal realism is to control social perceptions so as not to blame victims for the crimes they experience. This research provides an understanding of sexual violence which causes victim blaming, actions and explains legal protection rules and legal realism to provide direction to the public so that they no longer blame the victim for the crimes that happened to him.]]>
<![CDATA[PROBLEMATIKA PENGHAPUSAN GOLONGAN PENDUDUK TERHADAP PERALIHAN HAK ATAS TANAH DI INDONESIA ]]>
<![CDATA[Permadi, Iwan]]>;
<![CDATA[Yahya, Muhamad]]>;
<![CDATA[Muttaqin, Irsyadul]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.8798
<![CDATA[This research explores the challenges in eliminating population categorization in the transfer of land rights. This change is highlighted due to protests and evaluations of the perceived discriminatory articles that identify race, groups, and ethnicity. The grouping in the creation of inheritance certificates is considered to create legal politics contrary to the spirit of independence, preserving differences seen as a legacy of Dutch colonialism. This research adopts a normative juridical method. The findings indicate that the delegation of tasks and authority, as well as the classification of the population in the process of creating inheritance certificates, essentially provides legal certainty to society. Separation based on archives and historical data updates has a positive impact on the land rights transfer process. This classification strengthens the legal framework related to land registration and certification, making it more secure and efficient. Conversely, the absence of classification in the creation of inheritance certificates can create legal uncertainty in the registration of land rights transfer due to the lack of clarity in data, information, and historical developments that need to be updated and recertified.]]>
<![CDATA[THE CONNECTED OF THE SUPREME COURT DECISION NUMBER 109/PK/PDT/2022 WITH THE BASIC AGRARIAN LAW NUMBER 5 OF 1960 CONCERNING EIGENDOM VERPONDING ]]>
<![CDATA[Noor, Aslan]]>;
<![CDATA[Herlani, Lisa]]>;
<![CDATA[Fathurrohman, Mohammad Faridz]]>;
<![CDATA[Lorenza, Melinda]]>;
<![CDATA[Nurwidianti, Maudy]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.8873
<![CDATA[The aim of this research is to analyze the juridical nature of the Supreme Court's decision regarding Eigendom Verponding. Ownership rights are the strongest and most hereditary land to be enjoyed fully and to control the object freely, unless this can be proven to be reversed. This research used normative research with a statutory approach. The legal materials used were primary legal materials and secondary legal materials, with legal material collection techniques through literature studies and analysis techniques. The research results indicate that judge's considerations deviate from the stipulation outlined well as statutory regulations. The emergence of multiple land ownership rights leads to criminal acts caused by negligence on the part of the land owner or parties who commit fraud, such as parties who acknowledge the land but do not, so the BPN issues a certificate. This proves the importance of creating a new policy regarding land registration through additional evidence. Ownership, and shorten the land registration process so that land owners feel energized about the lengthy process. The importance of policies regarding the formulation of criminal acts regarding certificates issued because so far, many holders of land title certificates have suffered losses as a result of the cancellation of land title certificates, overlapping ownership, and disputes originating from errors in the process.]]>
<![CDATA[TINDAK PIDANA MEMPRODUKSI KOSMETIKA TANPA IZIN PRODUKSI DAN TIDAK MEMENUHI STANDARD PERSYARATAN KEAMANAN ]]>
<![CDATA[Budiyono, Wisnu Laksana]]>;
<![CDATA[Djaja, Dudik]]>;
<![CDATA[Subekti, Subekti]]>;
<![CDATA[Ucuk S, Yoyok]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.8915
<![CDATA[Consumers who want to improve their appearance are often attracted to cheap cosmetics because they provide fast results. This is what makes them look for alternative ways by buying these products even though they may not meet the requirements and these cosmetics are sold freely but do not have a BPOM number. The aim of this research is to analyze liability in the production of cosmetics without a production permit and do not meet standard safety requirements and legal protection for consumers who use cosmetics which are produced without a production permit and do not meet standard safety requirements. This research uses normative legal research method. The results of the research show that the defendant in this case has fulfilled the elements for which a sentence can be carried out. The first element is an act carried out in accordance with Article 197 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health, the second element violates Article 106 of Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, and the third element violates Article 62 paragraph (1) Jo. Article 8 of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. Consumers experience losses as a result of using cosmetics that are produced without a production permit and do not meet standard safety requirements, so the defendant is required to compensate consumers for losses incurred in accordance with the provisions of Article 7 letter f with administrative sanctions in accordance with Article 60 Paragraph (2) Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and criminal sanctions contained in Article 62 Paragraph (1) of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection.]]>
<![CDATA[MEKANISME PENGEMBALIAN ASET NEGARA HASIL TINDAK PIDANA KORUPSI ]]>
<![CDATA[Bahri, Muhammad Syamsul]]>;
<![CDATA[Marwiyah, Siti]]>;
<![CDATA[Prawesthi, Wahyu]]>;
<![CDATA[Amiq, Bachrul]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.8916
<![CDATA[Corruption is a despicable act that occurs every year. Corruption is classified as a heinous act and has a major impact on state finances, causing harm to many parties. Investigation, prosecution and court hearings in corruption cases must take priority over other cases in order to resolve them as quickly as possible. The aim of this research is to understand and analyze law enforcement for criminal acts of corruption in Indonesia and to understand and analyze the mechanism for returning state assets resulting from criminal acts of corruption. The method used in this research is a normative research method. It is a legal research which places the law as a building system of norms. Law Number 20 of 2001 concerning Corruption Crimes regulates mechanisms or procedures that can be used to return assets through criminal and civil channels. The mechanism for returning state assets resulting from criminal acts of corruption can be carried out using two mechanisms, which is criminal route as regulated in UNCAC and the civil route (civil forfeiture). The criminal route is intended to provide a deterrent effect to corruptors so that they do not repeat criminal acts of corruption. Civil forfeiture is intended to return state assets resulting from criminal acts of corruption with evidence obtained from the criminal process, namely tracing and freezing assets. The key to success lies with each country, so it cannot be determined which mechanism is the best. Elements of success in efforts to return assets resulting from criminal acts of corruption must take into account several factors, one of which is the perspective that the law enforcement approach in Indonesia still focuses on punishing perpetrators (in personam), not confiscating assets resulting from crime.]]>
<![CDATA[PERLINDUNGAN HAK PELAKU USAHA DAN HAK KONSUMEN DALAM PELAKSANAAN REPLANNING KAWASAN PERUMAHAN KOMERSIAL ]]>
<![CDATA[Wibisana, Nicholas Ardy]]>;
<![CDATA[Hermawan, Ariyanto]]>;
<![CDATA[Nalle, Victor Imanuel Wiliamson]]>;
<![CDATA[Anakotta, Marthsian Yeksi]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.9007
<![CDATA[This article discusses the issue of conflict between the rights of business actors to do replanning housing areas regulated in Perwali Surabaya Nomor 52 Tahun 2017 with consumer rights as guaranteed in Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen in relation to the principles of legal certainty, principles of justices and the presence of the state in fulfilling in the rights of its citizens. The research used is normative juridical research using a case approach, statute approach and conceptual approach. The research results show that there are regulatory conflicts in relation to changes that can be made by business actors, especially with regard to PSU, which is also one of the parts that buyers as consumers have rights to. Apart from that, the research results also show that there are various weaknesses in the form of indecisiveness and inconsistency in the use of terminology in both the Housing and Residential Areas Law and the Consumer Protection Law. This proves the importance of improving and harmonizing laws and regulations in order to implement the principle of integration and guarantee the rights of the parties fairly.]]>
<![CDATA[PENTINGNYA PENDAMPINGAN HUKUM BAGI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL: KEBUTUHAN DAN KEHARUSAN HUKUM PIDANA ]]>
<![CDATA[Ridwan, Fihra Rizqi Novia]]>;
<![CDATA[Yustia, Dewi Asri]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.9022
<![CDATA[The number of cases of sexual violence that is currently occurring is getting higher and more extreme. It occurs due to the inability to handle the case. The researcher used a normative juridical research method with a qualitative juridical approach; namely, the obtained data was analyzed using a legal theory approach, legal principles, and a statutory approach. She conducted library research and field research. She conducted interviews with experienced victim advocates with a victim's perspective at the Legal Aid Institution of the Indonesian Women's Association for Justice Jakarta. She analyzed the problem of legal aid for victims of criminal acts of sexual violence using approaches to legal theory, legal principles, and statutory regulations. The legal materials used to analyze the issue were primary legal materials, secondary legal materials, and tertiary legal materials through scientific journals, statutory regulations, and other relevant legal literature. The research results indicated that there are many serious obstacles and challenges faced by victims of sexual violence, such as law enforcement, lack of understanding by law enforcement officials regarding victims' rights, criminalisation of victims, and difficulties for victims in accessing support services. Therefore, assisting victims of sexual violence is very important to increase the understanding and awareness of law enforcement officials regarding victims' rights as well as providing adequate safe space for victims in dealing with their cases.]]>
<![CDATA[PROBLEMATIKA KEWENANGAN PENETAPAN TERSANGKA ANGGOTA TNI OLEH KOMISI PEMBERANTASAN KORUPSI ]]>
<![CDATA[Jamaludin, Ahmad]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.9039
<![CDATA[In its growth, corruption continues to be a problem and an enemy for the nation and state. Corruption is now not only committed by civilian officials and corporate parties, but can also be committed by the military, in this case the Indonesian National Army. In the process, it is possible for conflicts of authority to occur, including the recent case of the Corruption Eradication Commission's Hand Capture Operation at the National Search and Rescue Agency related to the determination of corruption case suspects involving two active military members. This research aims to find out the authority of the Corruption Eradication Commission in determining suspects who are active military members and the legal consequences of this determination. Normative juridical methods through literature studies were used in this research which shows that if viewed juridically, the Corruption Eradication Commission has the authority to determine suspects even up to the prosecution stage because the laws that form their basis are more specific than laws related to the military when viewed from the perspective of the lex specialist systematics principle. Determining a suspect is legal as long as coordination has been carried out because legally this institution has the authority to control corruption cases based on article 42 of the Corruption Eradication Committee Law as well as article 65 (2) of the TNI Law. However, to avoid misperceptions like this happening again, it seems necessary to revise the Military Justice Law and strengthen the Corruption Eradication Commission Law to make law enforcement more efficient in criminal acts of corruption.]]>
<![CDATA[KAJIAN VIKTIMOLOGI TERHADAP PERKARA KEKERASAN FISIK DALAM RUMAH TANGGA (STUDI PUTUSAN PN YOGYAKARTA DAN PN SLEMAN) ]]>
<![CDATA[Zhafarina, Adlia Nur]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.9051
<![CDATA[Unequal power relations between husband and wife can lead to domestic violence, such as physical abuse, which is a form of gender-based violence, that 95% of the victims are women. Based on the annual records of the National Commission on Violence Against Women which collect data from service institutions, physical abuse is the type of violence that occurs most frequently in 2019-2022. In this research, cases of physical abuse in domestic sphere that have been decided by the Yogyakarta District Court in 2019 and the Sleman District Court in 2019 and 2020 will be studied, so that the trend pattern of domestic violence cases in the Yogyakarta District Court and the Sleman District Court can be described and presented, as well as victimology study of these cases so that it can illustrate how the process of victimization of victims can occur. Furthermore, this type of research is normative legal research which is carried out by examining secondary data with a case approach. This research find that the trend pattern of domestic violence cases in the Yogyakarta District Court and the Sleman District Court in 2019-2020 based on court decisions examined in this research shows that the majority of perpetrators of physical abuse are husbands and the victims are wives. The presence of another woman or man in a household is what dominates the cause of jealousy and suspicion in the husband or wife which results in arguments and leads to violence. The process of victimization of victims can occur due to unequal power relations between husband and wife which ends in violence. In this case, unequal power relations are the main causal factor in the occurrence of domestic violence, while the presence of another woman or man in a household is the triggering factor for arguments that lead to domestic violence in the majority of cases in the decisions of the Yogyakarta District Court and the Sleman District Court.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA DISABILITAS YANG MELAKUKAN PENGANIAYAAN ]]>
<![CDATA[Ardika, Ridho]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.9101
<![CDATA[The Criminal Code has explained the responsible ability of a person with a disability in article 44 paragraphs 1 and 2, while in Law No. 1 of 2023, Discuss more specifically about disability criminal liability, according to court decision No. 57 / Pid.B / 2021 / PN. Kba involving a person with a mental disability who molested his own sibling. The purpose of this study is to determine the accountability of criminal acts of maltreatment committed by disabilities in the perspective of Criminal Law and Islamic Criminal Law and use Law No. 1 of 2023 as a comparison with the Criminal Code. The research method used in this study is the normative juridical method using a legal approach, a conceptual approach and a comparative approach. Criminal responsibility for perpetrators of abuse committed by disabilities in the Islamic Criminal Law a person is considered responsible if he has the ability to think and choose (idrak and ikhtiar). Meanwhile, in the Criminal Law, a person with a disability cannot be held accountable for his mental disability, then in Law No. 1 of 2023, an intellectual or mental disability cannot be convicted if he has reached moderate to severe levels. In court decision No.57/Pid.B/2021/PN. The accused should not be punished because his soul was disturbed during his growth or because he was in a mental hospital if his actions could not be held accountable.]]>
