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[PUTUSAN PENGADILAN NOMOR 37/PDT.G/2021/PN PTK TERKAIT WANPRESTASI KREDIT TERHADAP HAK TANGGUNGAN ]]>
<![CDATA[Nurhandayani, Nyemas Tania Kintan]]>;
<![CDATA[Tiara, Niski]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.9848
<![CDATA[The study was conducted with the aim of analyzing the application of mortgage rights in the context of credit default, as reflected in Court Decision Number 37/PDT.G/2021/PN Ptk. This study uses two approaches to analyze Supreme Court Decision Number 37/Pdt.G/2021/PN Ptk, namely document study and normative approach. Document study focuses on the analysis of copies of court decisions and related legal documents to understand the elements of the case and the applicable legal context. The normative approach is used to evaluate the application of appropriate legal principles and norms, as well as to assess the fairness and effectiveness of court decisions. The results of the analysis found that Court Decision Number 37/PDT.G/2021/PN Ptk provides comprehensive handling of credit default cases by prioritizing the evaluation of evidence and the careful application of legal principles. The judge carefully assesses the violation of the agreement by the debtor, including late payments and inadequate reasons, and considers the arguments of the creditor regarding claims for compensation and mortgage rights. The court also uses mortgage rights as an instrument of protection for creditors to ensure compensation for unpaid debts. Even if the debtor submits reasons such as financial inability as a defense, the judge may reject the argument because it is not sufficiently supportive to release the debtor from liability. By referring to the applicable legal provisions, including the Banking Law and mortgage rights, the judge's decision ensures fairness and legal compliance in enforcing collateral obligations.]]>
<![CDATA[TINJAUAN HUKUM PIDANA ISLAM PASAL 412 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KOHABITASI ]]>
<![CDATA[Ritonga, Rahul Sani]]>;
<![CDATA[Mukhsin, Abd.]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.9934
<![CDATA[This research examines the regulation of cohabitation in Section 412 of Law No. 1 of 2023 and compares it with adultery sanctions in Islamic criminal law. The background of the problem raised is that Article 412 provides leniency for adultery offenders compared to Article 411 which regulates adultery, where the punishment for cohabitation offenders is lighter and the proof process uses an absolute complaint offense. This study employs normative legal techniques. with descriptive data analysis techniques. The results The discussion shows that in the review of Islamic criminal law, cohabitation offenders are considered equivalent to adultery offenders. In Islam, cohabitation is an extension of the crime of adultery so that the criminal sanctions are equalized, both for muḥṣan (married) and ghairu muḥṣan (unmarried). The perpetrator of cohabitation is subject to The perpetrators of cohabitation are subject to 100 lashes or stoning according to the category of adultery. The study's findings indicates that the regulation of cohabitation in Article 412 of Law Number 1 Year 2023 has significant differences with Islamic criminal law. Article 412 provides a lower penalty than Article 411 on adultery, in contrast to Islamic criminal law which equates criminal sanctions for cohabitation offenders with adultery offenders, namely 100 lashes or stoning according to the type, whether the category of zina muḥṣan or ghairu muḥṣan.]]>
<![CDATA[PERTANGGUNGJAWABAN PIDANA ANAK DI BAWAH UMUR TERLIBAT TINDAK PIDANA TERORISME ]]>
<![CDATA[Ramadhan, Azis Akbar]]>;
<![CDATA[Firdausi, Ulya Shafa]]>;
<![CDATA[Vanessa, Adinda Rachel]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10044
<![CDATA[This article which in its writing uses normative research methods, using a statutory approach and a conceptual approach. The formulation of the problem in this research is: 1) What is the criminal responsibility of minors involved in committing criminal acts of terrorism ? 2) What is the legal protection for minors involved in committing criminal acts of terrorism? From the legal research that has been carried out using the research approach mentioned above, it can be concluded that in the first formulation of the problem regarding the criminal responsibility of minors who are involved in committing criminal acts of terrorism, that is, children cannot be held criminally responsible because not all of the conditions for the elements of guilt are met (cumulative). Meanwhile, the second problem formulation discusses the basic considerations for providing legal protection for children and the relevant and appropriate legal protection to be given to children involved as perpetrators of criminal acts of terrorism.]]>
<![CDATA[Ketepatan Putusan Bebas No. 36/Pid.Sus/2023/PN Lbb dalam Perkara Tindak Pidana Incest ]]>
<![CDATA[Harahap, Rizky Olivia Kartina]]>;
<![CDATA[Sitepu, Rajin]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10146
<![CDATA[This study aims to determine whether the Acquittal Verdict No. 36/Pid.Sus/2023/PN Lbb in the Incest Crime Case is appropriate or not. The method used is normative juridical. Data was obtained by reviewing library materials such as books, journals, and references related to the Lubuk Basung District Court Verdict No. 36/Pid.Sus/2023/PN Lbb. The results of the study on Verdict 36/Pid.Sus/2023/PN Lbb, the defendant was charged with committing the crime of incest according to "Article 82 paragraph (2) in conjunction with Article 76E of Law No. 35 of 2014". The evidence presented, including witness statements, mostly in the form of testimonium de auditu, was not strong enough. There were no witnesses who directly supervised the defendant, and there was a discrepancy in the statement of the time of the incident, the post-mortem evidence only showed the victim's physical condition without linking the act to the defendant. The judge decided that the charges could not be proven legally and convincingly, so the defendant was declared free from all charges. This decision emphasizes the importance of strong and consistent evidence in criminal trials.]]>
<![CDATA[KEWENANGAN DESA BERDASARKAN HAK ASAL USUL DALAM PERSPEKTIF HUKUM ADMINISTRASI ]]>
<![CDATA[Arifin, Firdaus]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10213
<![CDATA[Regional autonomy in Indonesia grants villages the authority to manage their own government affairs, including authority based on origin rights derived from traditions, customs, and local history. However, the implementation of village authority often faces challenges within the framework of regional autonomy. This study aims to analyze and evaluate efforts to harmonize village authority based on origin rights with the principles of regional autonomy. Using a qualitative approach with case studies in several villages, this research found that strengthening village authority through clear and firm legality is the key to achieving optimal harmonization. This study illustrates how the dynamics of village authority grounded in indigenous rights can significantly contribute to the alignment of regional autonomy principles in Indonesia. The focus on legality is a crucial factor that can improve efficacy and accountability in village governance, while also bolstering community participation.]]>
<![CDATA[PELAKSANAAN TUGAS POKOK DAN FUNGSI PENEGAK HUKUM TERPADU TERHADAP TINDAK PIDANA PEMILU ]]>
<![CDATA[Indrapraja, Irwan S]]>;
<![CDATA[Afida, Karania Fadillah]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10234
<![CDATA[This writing aims to determine the extent to which gakkumdu carries out its main duties and functions carried out in the event of an election violation and the effectiveness of Gakkumdu in resolving an election violation. The statutory approach and the approach to related concepts are used in this normative juridical research. One of the methods used by the author to assist this research is data collection after that, a research stage called “field researchâ€, where primary data is collected through an interview process with the subject. The author provides an overview of the provisions relating to the problem using descriptive analysis research specifications. Then further analyzed in using the regulation of legislation and releveant theories. The theory used is Deterrence which emphasizes the use of punishment as a tool to prevent future election violations. The results that the author gets state that the gradual violations that occur during elections have the potential for a criminal offense. Election crimes can be committed by election participants and the general public as voters and even by the organizers of the elections themselves. Gakkumdu is an institution authorized to enforce the law against criminal violations starting from the investigation process and the investigation process to the prosecution process and does not involve other law enforcement institutions when making decisions. Gakkumdu does not run effectively, even though it is a special institution that handles cases of alleged election crimes and has the task of handling and reducing the occurrence of election criminal violations. This study shows that Gakkumdu failed to follow the laws and regulations when handling election violations.]]>
<![CDATA[EFEKTIFITAS PENERAPAN HUKUM TERHADAP KEJAHATAN PENCABULAN ANAK (STUDI KASUS POLRESTABES MEDAN) ]]>
<![CDATA[Hafiz, Muhammad Fiqih]]>;
<![CDATA[Sitompul, Muhammad Nasir]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10298
<![CDATA[Child molestation is a form of sexual violence that is increasingly concerning in Indonesia. Cases involving child molestation often have long-lasting psychological, physical, and social impacts on the victims. The number of child molestation cases in Medan City has continued to increase in recent years. This indicates a failure in various prevention and handling efforts made by the authorities. This study analyzes the extent to which the application of the law in child molestation cases at the Medan Police Headquarters is effective in reducing the number of child molestation crimes. This study is a normative-empirical legal study that is descriptive analysis in nature. The approaches used in this study include the statutory regulatory approach and the case approach. Secondary data were obtained through literature study techniques using data collection tools in the form of document studies. In addition, this study is also supported by field data collected through field study techniques by interviewing the Medan City Police Headquarters. The effectiveness of its application in the field often experiences obstacles. The results of the analysis show that there are serious efforts by the police to handle child molestation cases, but there are still obstacles in maximum law enforcement. These obstacles can be related to legal interpretation, availability of evidence, and the process of proof in court. As the main institution in handling child molestation cases. The effectiveness of the application of criminal law against perpetrators of child molestation crimes in Medan City, based on the role of the Medan Police, is greatly influenced by various factors, including limited resources, coordination between institutions, and social stigma that hinders case reporting. There are still challenges in the investigation and prosecution process, such as the difficulty of collecting evidence and complicated legal procedures, affecting the resolution of child molestation cases.]]>
<![CDATA[PENEGAKAN TINDAK PIDANA CYBERSTALKING DALAM HUKUM POSITIF INDONESIA ]]>
<![CDATA[Pratama, Akbar Yudha]]>;
<![CDATA[Br, Hafidz Amrullah Dzaky Nugroho]]>;
<![CDATA[Astinda, Afifudin Nur Rosyid]]>;
<![CDATA[Adhipradana, Yurista Ardien]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10320
<![CDATA[Improper use of social media often leads someone to deal with the law. Many social media users are not aware of the legal consequences of wrong treatment, for example, speaking rudely, disturbing someone, harassing someone, cyberstalking, cyberbullying, and so on. The public only realizes the mistake when the victim brings the problem to law enforcement. The purpose of this study is to explain how to enforce cyberstalking crimes from a positive legal perspective. This study is a normative legal study with a statutory approach. In the implementation of regulations in Indonesia through the Electronic Information and Transactions Law (ITE) on many legal problems that occur on social media, it often makes the perpetrators surprised and regret their actions on social media. In addition, preventive measures are also very important in reducing the risk of cyberstalking.]]>
<![CDATA[JAMINAN KEPASTIAN HUKUM ATAS KELEBIHAN HASIL LELANG BARANG JAMINAN ]]>
<![CDATA[Respati, Firmananta]]>;
<![CDATA[Noor, Erma Zahro]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10375
<![CDATA[This study concludes that increasing customer awareness of their rights and improving the valuation process is crucial for enhancing the auction system's transparency and fairness. PT Pegadaian is recommended to strengthen its customer education efforts, collaborate with independent appraisers, and review its policies to ensure better customer rights protection. This research aims to explore the legal certainty regarding the surplus from the sale of collateral auctioned at PT Pegadaian, using a qualitative approach. The data collection methods include literature review, interviews with auction creditors, direct observation of the auction process, and document analysis. The thematic analysis approach is used to analyze the data. Data from interviews, observations, and document analysis are organized and categorized into relevant themes. The research reveals that PT Pegadaian implements an internal policy that ensures the return of the auction surplus to customers after the loan principal and administrative fees are settled. However, many customers are unaware of their rights concerning this auction surplus. Additionally, challenges arise in the auction announcement process and the appraisal of collateral, which often does not reflect market prices. The study concludes that increasing customer awareness of their rights and improving the appraisal process is essential for enhancing the transparency and fairness of the auction system.]]>
<![CDATA[PROSES PENUNTUTAN TERHADAP PEMENUHAN RESTITUSI BAGI KORBAN ANAK PELECEHAN SEKSUAL ]]>
<![CDATA[Kholim, Fellicia Angelica]]>;
<![CDATA[Firmansyah, Hery]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10436
<![CDATA[The existence of the Republic of Indonesia Attorney General's Law to oversee the role of public prosecutors in overseeing the fulfillment of restitution for children as victims. Also, the existence of Government Regulation of the Republic of Indonesia Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts in ensuring the overall implementation of restitution. This is important to conduct a study because there are problems in its implementation, such as the lack of knowledge of victims regarding their rights to obtain restitution as a form of recovery for the suffering they have experienced. This study uses a normative research method with the approach used being the statute approach with the data sources used being secondary data in the form of primary legal materials, secondary legal materials, and non-legal legal materials. The results of the study show the manifestation of restitution for child victims, there is an institution called the Witness and Victim Protection Agency (LPSK) which explains that there are 3 (three) types of compensation obtained for victims, namely Article 7A of Law Number 31 of 2014 concerning Witness and Victim Protection contains compensation for loss of wealth, compensation for suffering as a result of criminal acts, and/or reimbursement of medical and/or psychological care costs. The role of the public prosecutor in overseeing the prosecution process for the fulfillment of restitution in cases of child sexual abuse is very important to achieve comprehensive justice for the victim. The public prosecutor has an important role in handling cases of child sexual abuse by ensuring that the perpetrator receives an appropriate punishment in order to provide a deterrent effect.]]>
