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
Articles
20 Documents
Search results for
, issue
"Vol. 8 No. 3 (2024): September-Desember"
:
20 Documents
clear
<![CDATA[DISHARMONISASI KEPOLISIAN DAN KEJAKSAAN DALAM PENERAPAN KEADILAN RESTORATIF UNTUK PENYELESAIAN PERKARA PIDANA ]]>
<![CDATA[kapitan, Rian Van Frits]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9096
<![CDATA[This research focuses on the form of disharmony in the implementation of restorative justice by the Police and Prosecutor's Office in resolving criminal cases. Forms of disharmony in the application of restorative justice by the Police and the Prosecutor's Office in resolving criminal cases are: first, the application of restorative justice by the Police is only aimed at the actions of perpetrators who are not classified as repeat criminal acts based on court decisions, while the Prosecutor's Office requires that restorative justice be applied if the suspect commits it for the first time. criminal act. Second, the Police do not provide limits regarding the threat of punishment for criminal acts that can be resolved through the application of restorative justice, while the Prosecutor's Office explicitly determines that criminal acts that can be closed by law or whose prosecution is terminated are criminal acts that are only punishable by a fine or not punishable by imprisonment. more than 5 (five) years and thirdly, the Prosecutor's Office sets a limitation that criminal acts that can be resolved using restorative justice must be criminal acts with the value of evidence or not. The crime results in a loss value for the victim of no more than Rp. 2,500,000.00 (two million five hundred thousand rupiah) while the Police do not set a limit on the value of evidence and the value of losses experienced by the victim as a condition for terminating the investigation and the investigation using restorative justice.]]>
<![CDATA[POLA BANTUAN HUKUM DALAM MENCEGAH TERJADINYA TINDAK PIDANA KEKERASAN SEKSUAL ]]>
<![CDATA[Nasution, Rasina Padeni]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9487
<![CDATA[The legal aid model is an effort to ensure that every citizen, especially those who are less fortunate, has access to justice. This study aims to describe the implementation of the legal aid models employed by legal aid institutions to prevent sexual violence crimes in the city of Medan. The research method used is empirical juridical research, which examines the law based on facts in society and considers the function of the law. The analysis technique employed is descriptive analysis. The results of the study show that the implementation of the structural legal aid model (BHS) by LBH Medan and the structural gender legal aid model (BHGS) by LBH APIK are effective models in providing legal protection by expanding access to justice for victims. These models focus on recovery and the enhancement of premium services based on an approach to justice that not only aims to resolve cases through legal channels but also strives to change unjust social structures due to power relations, aiming towards more equal social relations and a gender perspective. The conclusion of this study indicates that the implementation of BHS by LBH Medan and BHGS by LBH APIK plays a significant role in both preventive and repressive efforts to prevent and address sexual violence in the city of Medan. These models also serve as solutions in synergizing stakeholders in advocating for sexual violence cases in the city of Medan.]]>
<![CDATA[KONTROVERSI PERPANJANGAN MASA JABATAN KEPALA DESA 8 TAHUN 2 PERIODE PERSPEKTIF SOSIOLOGI HUKUM ]]>
<![CDATA[Ardiyansyah, Rizky Ahadyan]]>;
<![CDATA[Navis, Aulia Akbar]]>;
<![CDATA[Rizal, Saiful]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9528
<![CDATA[The term of office of the village head has been extended to 8 years (2 terms), with this provision it will trigger abuse of authority, considering that one of the aims of constitutional reform is to introduce limitations on executive power in order to create a balanced democracy in Indonesia. In this scientific study the author will analyze the impact of extending the term of office of the village head using a legal sociology approach. This research is packaged using normative research methods, the source of this research comes from primary materials in the form of relevant laws and regulations and books, while the sources of secondary material in this research are scientific papers in journals and other scientific articles and then correlating these problems with theory. sociology of law and statutory regulations. The results of the research show that the government policy regarding extending the term of office of village heads to 8 years and being able to be elected for 2 consecutive terms is a policy that is contrary to the concept of the rule of law, this is because the process taken by the government in forming this policy is considered to have political nuances. related to the situation of the 2024 presidential election, apart from that, the most fearful thing behind this policy is when this policy is used as a stepping stone by the government to extend the terms of office of other executives so that it is certain that the rule of law will be tainted by the government regime of this era. The conclusion is that the decision to extend the term of office of the village head is contrary to the aim of constitutional reform which seeks to limit executive power. What is most feared behind this decision is abuse of power by individual village heads due to holding power for too long accompanied by the absence of greater supervision intense.]]>
<![CDATA[INTERSECTION OF 3-D MARKS WITH INDUSTRIAL DESIGNS: THE CONTEXT OF 3-D SHAPE PROTECTION ]]>
<![CDATA[Siswoyo, Amelia Anggriany]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9657
<![CDATA[3-D (three-dimensional) shapes are objects that fall within the scope of regulation of two Intellectual Property Laws, namely the Trademark Law and the Industrial Design Law. There is a regulatory conflict between the Trademark Law and the Industrial Design Law in terms of protecting 3-D (three-dimensional) shapes. This research is normative juridical legal research. This research will use a legal approach and a conceptual approach, as well as data analysis using qualitative descriptive methods. The results of this research conclude that there is a need for determining indicators as a differentiator or boundary line for 3-D (three-dimensional) shapes in terms of protecting Intellectual Property Brands or Industrial Designs. The determining indicators are 'as an identification mark of a trading product', good faith, distinctiveness and The Functionality Doctrine or functionality doctrine.]]>
<![CDATA[SISTEM PEMBINAAN NARAPIDANA LEMBAGA PEMASYARAKATAN DALAM KAJIAN HUKUM PIDANA ISLAM ]]>
<![CDATA[Soliha, Ulfa Safira]]>;
<![CDATA[A., Zulkarnain M.]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9803
<![CDATA[Nowadays, the number of crimes or criminality is increasing. This is due to economic factors, low education, and the lack of understanding of the Indonesian people about the laws in their own country. Criminal offenders or prisoners must take responsibility for the actions they have committed, by serving a prison sentence based on a court verdict. This research aims to find out how the prisoner coaching system provided by the Medan Class 1 Correctional Institution is then associated with the prisoner coaching system in the study of Islamic Criminal Law, and the obstacles faced by the Correctional Institution in fostering prisoners. This research method is field research with qualitative research type and empirical juridical or socio legal approach. The results showed that the inmate coaching system at Class 1 Medan Correctional Institution has 2 types of coaching, namely personality coaching and independence coaching, as for the coaching of prisoners in Islamic criminal law, namely: fostering faith values and coaching by means of repentance. Then the obstacles faced by the Correctional Institution are in the coaching activities not a few of the inmates who are lazy to follow the coaching, overcapacity and lack of correctional officers to supervise and control and foster inmates in the Correctional Institution.]]>
<![CDATA[PELINDUNGAN HUKUM KREDITUR ATAS PERLAWANAN EKSEKUSI HAK TANGGUNGAN OLEH PIHAK KETIGA ]]>
<![CDATA[Jannah, Rizki Nurul]]>;
<![CDATA[Siregar, Mahmul]]>;
<![CDATA[Sukarja, Detania]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9811
<![CDATA[The existence of a counterclaim from a third party claiming ownership of the collateral is one of several challenges that are sometimes faced in implementing mortgage rights. The following analysis uses the case between PT. Bank Danamon Indonesia, Tbk with a third party (Henny Susanti, et al.) as the main discussion to examine the bank's rejection of the implementation of mortgage rights obtained by the third party. With this case analysis, it is hoped that the decision ratio used by the panel of judges can be studied in depth. This research uses legislative and case methods to provide normative and prescriptive legal research. The results of this research result in the conclusion that the regulation of the burden of third party land rights used as collateral for the bank's mortgage rights is equivalent to the burden of the collateral provided by the debtor. The bank can file a police report against the party who misuses the credit application process, and the bank can also file a civil lawsuit as a creditor with mortgage rights who has been harmed by the bank's negligence in determining the mortgage rights of a third party. In its legal analysis, the Panel of Judges at the Tangerang District Court prioritized formal elements. This does not apply to the Panel of Judges who have applied positive law correctly at the appeal, cassation and PK levels.]]>
<![CDATA[PENYALAHGUNAAN SURAT PERNYATAAN PENGUASAAN FISIK DALAM PELAKSANAAN PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP ]]>
<![CDATA[Muhammad, Yazied Fahma Wijaya]]>;
<![CDATA[Amiludin, Amiludin]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9822
<![CDATA[The problem of misuse of the Physical Control Statement Letter (SPPF) in the Complete Systematic Land Registration (PTSL) Program promoted by the government has caused many losses to land rights owners. The writing of this journal is intended to provide education for the public so that they can find out the causes and impacts of misuse of physical possession statement letters (SPPF) in the Complete Systematic Land Registration (PTSL) program, as well as the legal impacts that occur due to misuse of these letters. This journal adopts the Normative Juridical method with an Explorative approach and uses a qualitative analysis technique using primary legal materials, secondary legal materials and tertiary legal materials and the collection technique uses data from literature review. The findings obtained from the results of this study indicate that the misuse of the physical possession letter (SPPF) is due to the vulnerability in the PTSL Law which in this case provides relief for applicants in the Complete Systematic Land Registration (PTSL) program who do not have or do not complete their files as the basis for the right to register the land they own or control can still register their land by using a physical possession statement letter (SPPF). This can have an impact on uncertainty and legal guarantees and can create conflicts over land ownership in the future. In addition, the perpetrators of the misuse of the letter can also face penalties in terms of civil, criminal and administrative matters.]]>
<![CDATA[PENERAPAN SANKSI PIDANA TERHADAP PELAKU PERDAGANGAN MANUSIA DALAM PUTUSAN NOMOR 1498/Pid.Sus/2015/PN.Mks ]]>
<![CDATA[Sampurna, Jafrhan Dharma]]>;
<![CDATA[Koswara, Indra Yudha]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9823
<![CDATA[Indonesian people are often involved in human trafficking, which endangers social security and endangers the country. This article discusses the regulation of human trafficking in Indonesia, specifically the Human Trafficking Law. The aim of this research is to determine the causes of human trafficking in accordance with applicable regulations and the application of sanctions in the legal system. This research method uses a normative juridical approach which looks at problems from the study of legal materials such as books or articles that discuss human trafficking as a reference for basic materials and secondary legal materials. The results of this research are that human trafficking is rampant in various countries, including Indonesia and developing countries, where this has become a concern of the world, especially the UN. Human trafficking is a criminal offense, especially as regulated in the Criminal Code. In Indonesian criminal law, it is regulated by Law Number 21 of 2007, the application of sanctions is punishable by imprisonment and fines. Human trafficking is an organized and systematic crime, where the people involved have personal or group interests in making a profit.]]>
<![CDATA[JAMINAN KONSTITUSIONALITAS ATAS KEBEBASAN BERAGAMA DAN BERKEYAKINAN ]]>
<![CDATA[Prabowo, Hendro]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9830
<![CDATA[This paper aims to provide an analytical comparison of the constitutions of Malaysia, the United States, Germany, and Indonesia, with a particular emphasis on the relationship between religion and belief as stated in their respective constitutional texts. The determination of the four countries above depends on a number of factors, including their legal systems, their level of development, the actors of a nation's attachment, and the state's secularism towards religion and belief. This writing uses a normative legal research method with a comparative approach and a legislative approach. Literature studies are used to collect legal materials and are carried out through searches in libraries and through the Internet. The interpretation method is used to analyze legal materials to understand the meaning of a statutory text. The findings of this study indicate that by establishing general and comprehensive guidelines regarding religion and belief in the Constitution of the Republic of Indonesia and maintaining impartiality towards all religions, Indonesia is sufficient to regulate religious and belief affairs within the framework of its constitution. Therefore, it is very important to implement legislative steps to foster a harmonious and peaceful religious life while eradicating the fundamental causes of blasphemy, as well as intolerance and discrimination in the context of religious beliefs and practices.]]>
<![CDATA[TINDAK PIDANA KEKERASAN FISIK DALAM KEKERASAN RUMAH TANGGA ]]>
<![CDATA[Siregar, Putri Dharmayanti]]>;
<![CDATA[Harisman, Harisman]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24269/ls.v8i3.9842
<![CDATA[The majority of victims of domestic violence are adolescent girls and women. The objectives of this study were to: 1) characterize various forms of physical violence included in domestic violence crimes and the legal protection provided to victims; 2) characterize the legal provisions for those who commit acts of physical violence; and 3) ensure appropriate action to impose penalties for those who commit acts of physical violence in domestic violence. The Medan District Attorney's Office has been consulted and to obtain information on books, journals, official newspapers, and other sources related to the law and the subject of this study, interviews were conducted to obtain data and legal documents. legal sanctions that will be applied by the Medan District Attorney's Office against various types of domestic violence in 2023, as well as legal protection that will be received by victims of domestic violence. This study can be categorized as field research because it examines relevant legal provisions and social realities using an empirical framework. Perpetrators of domestic violence are subject to several laws and regulations, such as Article 44 paragraph 23 of 2004, the Criminal Code, and the Child Protection Law. The heaviest punishment should be imposed on those who commit acts of physical violence in the household to deter such behavior and make others aware of the consequences that will occur. In order for the state and society to meet the needs of victims for a sense of security and kindness, victims of domestic violence must receive legal protection.]]>
