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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. 3a (2024): September-Desember" : 20 Documents clear
PERLINDUNGAN HAK PENYANDANG DISABILITAS DALAM PERSPEKTIF SOSIOLOGI HUKUM Malik, Deden Abdul; Ningrum, Novita Ardiyanti; Zulvia, Ransya Ayu; Alfani, Feralda Septya; Aisah, Putri Maharani Rahma; Saebani, Beni Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10718

Abstract

Protection of the rights of persons with disabilities in Indonesia is generally regulated through various statutory regulations, one of which is Law Number 8 of 2016 concerning Persons with Disabilities. However, various challenges arise due to stigma, discrimination and a lack of public understanding of the rights of people with disabilities.. The aim of this research is to determine the factors that cause social stigma towards people with disabilities, to determine efforts to overcome social stigma towards people with disabilities and legal protection. The methodology used in this research is juridical-empirical law with a qualitative paradigm with a legal sociology approach. Factors that cause social stigma towards people with disabilities are not receiving support from their families, a lack of self-will to develop, as well as negative stigma from society. Efforts to overcome social stigma towards people with disabilities include that the families of people with disabilities must provide support, people with disabilities must have the self-confidence to develop, and the community is given education through outreach regarding the prohibition of discrimination against people with disabilities.
HAK ANAK UNTUK MENDAPATKAN PERLINDUNGAN DARI KEKERASAN DI LINGKUNGAN SEKOLAH Ikrar, Ega; Wijaya, Andy Usmina
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10721

Abstract

This study aims to analyze the legal protection of children's rights against violence in school environments and the effectiveness of law enforcement measures. Using a normative juridical method with legislative and conceptual approaches, the research examines various data sources, including legislation such as the Child Protection Act, reports on school violence cases, and relevant academic literature. The data were analyzed qualitatively to evaluate the alignment between regulations and their implementation in practice. The findings reveal that although anti-violence policies have been implemented in several schools, their application remains suboptimal, particularly in addressing non-physical violence such as verbal bullying and emotional abuse. A lack of education about children's rights and legal understanding among educators emerges as a major obstacle. Additionally, reporting mechanisms for school violence cases are often ineffective, leaving many incidents unreported or inadequately addressed. The practical implications of this study include the need for regular training for educators on children's rights and violence handling, strengthening accessible reporting systems for students, and enhancing collaboration among schools, families, and the government. The study also recommends revising anti-violence policies to be more comprehensive and responsive to children's needs. By creating a safe and supportive school environment, the protection of children's rights against violence can be ensured, fostering the development of a physically and mentally healthy future generation.
HUKUM SUKARELAWAN DALAM PENGATURAN LALU LINTAS BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 Lauren, Audrey; Sudiro, Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10753

Abstract

This research aims to examine the implementation of legal freedom in traffic regulation in accordance with applicable regulations and the challenges faced in the field. This research adopts a type of sociological juridical research, which aims to examine various rules, concepts, societal views and legal doctrines sourced from secondary legal materials and relevant laws and regulations, especially those related to the issues discussed. The design approach implemented in this research is none other than statutory regulations or a statutory approach. This research was achieved through efforts to analyze regulations or forms of regulations which were characterized as being related to the legal context issues. The data collection technique in this research uses secondary data, where information is obtained from library research, by tracing, collecting and analyzing the required literature materials. Researchers use legal analysis techniques which are followed by efforts at description, systematization, legal analysis and interpretation. The results of this research reveal that there is no ban on volunteer road crossing/traffic controllers, however, on the one hand, there have been several complaints from the public that the presence of these volunteers can disrupt and hinder their traffic. However, if the volunteer worker is proven to have caused a traffic accident, then it must be processed in accordance with applicable criminal law. In many areas, volunteers have demonstrated their ability to help regulate traffic flow, but support from the government is low and remains a challenge for communities. Therefore, there is a need for training and training for volunteer workers, supported by increased monitoring and evaluation of volunteers.
PERLINDUNGAN DATA BIOMETRIK DALAM SEKTOR PERBANKAN DI INDONESIA DAN AMERIKA SERIKAT Asokawati, Ainunnisa Rezky
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10775

Abstract

This study aims to analyze and compare the regulation and implementation of biometric data protection in the banking sector in Indonesia and the United States. In addition, this study also evaluates the security risks of biometric data and provides policy recommendations to improve its protection. This study uses a doctrinal method using primary and secondary legal sources. The focus of this study is to examine how the Indonesian State protects biometrics as personal data in a legal context and to compare the regulations and implementation related to biometrics in the banking sector in Indonesia and the United States. Based on the results of the study, in general, it was found that both have regulated the financial services sector, especially banking, and the technical management of personal data of customers and/or prospective customers. However, there are no detailed regulations aimed at protecting the biometrics of banking consumers. The absence of specific regulations on biometric data protection in the banking sector requires banks to take proactive steps in securing customer data, such as strengthening security systems and adopting strict internal policies. In addition, the government needs to consider creating more detailed regulations to provide legal certainty and better protection for consumers.
PENYALAHGUNAAN KEADAAN SEBAGAI ALASAN PEMBATALAN PERJANJIAN INVESTASI Nicholas, Ferdinand; Soemartono, Raden Mas Gatot Prasetyo
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10776

Abstract

Business activities often involve third parties, including banks, which are established to improve the lives of individuals by providing an effective and efficient payment system. However, banks can sometimes get involved in legal issues, especially when they exploit circumstances involving individuals in vulnerable positions, such as those in prison. This study aims to investigate the concept of abuse of circumstances as a legitimate reason for the cancellation of an agreement. Utilizing normative research methods, this study seeks to examine the dynamics of law by examining legal rules, principles and legal doctrines. The results of this study show that a defect in will in an agreement can warrant cancellation by the injured party if it can be shown that there was an abuse of circumstances. In addition, custodian banks should be held accountable for losses incurred due to their actions or omissions in such situations. By clarifying legal responsibilities, this study emphasizes the need for banks to exercise due diligence and ethical practices in their transactions, especially with vulnerable individuals. The originality of this study lies in its specific focus on the application of the concept of abuse of circumstances in the legal relationship between banks and individuals in vulnerable situations, such as prisoners. While many legal studies focus on the general aspects of contractual liability, this study highlights an often overlooked legal gap regarding the protection of individuals who may not have the capacity to understand or reject onerous provisions in an agreement.
TANGGUNGJAWAB MASKAPAI ATAS GANTI KERUGIAN IMMATERIL PADA PERKARA WANPRESTASI AKIBAT PEMBATALAN JADWAL PENERBANGAN (Studi Kasus Putusan MA NO. 2822K/PDT/2014 Tanggal 28 Agustus 2015) Soraya, Nada Intan
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10777

Abstract

This study aims to analyze the form of airline responsibility in providing immaterial compensation to passengers due to flight schedule cancellations categorized as default. The focus of this study is to understand the legal basis, the form of compensation that can be given, and the application of the law based on the Supreme Court's decision case Number 2822k/Pdt/2014 dated August 28, 2015. In this case, the airline PT. Lion Mentari Airlines was required to pay immaterial compensation of Rp. 50,000,000 to the plaintiff. The research method used is doctrinal legal research with a normative juridical approach. Data collection was carried out through library research with primary legal sources such as the Civil Code (KUH Perdata) and secondary legal sources in the form of literature, journals, and relevant legal documents. Data were analyzed qualitatively to gain a deep understanding of the application of the law related to airline responsibility in cases of default. The results of the study indicate that the airline's responsibility in providing immaterial compensation is based on the provisions of Article 1243 to Article 1252 of the Civil Code regarding breach of contract, as well as Article 1365 of the Civil Code regarding unlawful acts. The Supreme Court's decision in the case emphasizes the importance of respecting consumer rights and implementing the principle of justice in legal protection for injured passengers. These findings contribute to the development of consumer protection law in the air transportation sector in Indonesia.
PERLINDUNGAN HUKUM TERHADAP PT PEGADAIAN ATAS BARANG JAMINAN HASIL TINDAK PIDANA PENCURIAN (STUDI PUTUSAN NOMOR 150/PID.B/2023/PN.KTG.) Sitorus, Steven; Prasetyo, Boedi
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10802

Abstract

This research examines the legal protection for PT Pegadaian on pawn collateral that is proven to be the result of a criminal offense, such as in the case of Kotamobagu District Court Decision Number 150/Pid.B/2023/PN.Ktg. The purpose of this study is to examine the availability of legal protection. to PT Pegadaian and the legal actions that may be done in the event that problematic material is encountered. This study employs a normative legal approach that draws on statutes and case law and adopts the theory of preventive and repressive legal protection. The results show that although PT Pegadaian has applied the precautionary principle following the Standard Operating Procedure (SOP), there is still a risk of receiving collateral from criminal acts that can cause material and immaterial losses. Therefore, a clearer legal protection mechanism is needed to maintain trust in the relationship between debtors and creditors and ensure legal certainty in business activities.
PENERAPAN RESTORATIVE JUSTICE DALAM PERKARA PERSETUBUHAN TERHADAP ANAK YANG BERAKHIR DENGAN PERKAWINAN Yasin, Bukhari; Yasir, H. M.; Yulianto, Alfian
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10811

Abstract

This study aims to examine the mechanism of the application of Restorative Justice in resolving criminal cases of sexual intercourse with married children, and to consider the principles of Restorative Justice in court decisions related to the case. The approaches used include legislative and conceptual approaches. The results of the study indicate that the application of Restorative Justice in this case allows for the creation of justice for the victim, with formal requirements in the form of a peace agreement between the parties concerned and the fulfillment of the victim's rights and the perpetrator's responsibilities. Material requirements that must be met include not causing unrest or rejection in society, not triggering social conflict, not threatening national unity, and ensuring that the perpetrator is not a recidivist in accordance with the court's decision.
PENGATURAN RETUR BARANG OLEH PIHAK EKSPEDISI PADA APLIKASI SHOPEE PERSPEKTIF MAQASHID SYARI’AH Afifah, Fauziyyah; Hidayat, Rahmat
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10820

Abstract

The popularity of online buying and selling transactions on the Shopee app allows you to shop without having to visit a store or market centre. However, this cannot be separated from the problem. Some of these issues include unsuccessful courier delivery due to damaged products, inaccurate address, and inability to reach the buyer during the delivery process. Failed delivery results in the products being returned to the seller by the expedition in accordance with Shopee policies. Objective This research demonstrates how to give legal protection for customers. Return of goods by the expedition party via the Shopee app. And to find out Consumer protection procedures for the return of items by the expedition party on the Shopee application, reviewed from maqashid shariah. This study seeks to determine the manner of control of unilateral returns of items by expeditions, as well as the idea of consumer protection, from a Maqashid Syari’ah perspective. The research methodology is empirical law with a living case studies, statute, and conceptual approach. Results This study explains that the courier violated the principles of good faith and default as regulated in Article 1338 paragraph (3) of the Civil Code and Article 7 letter an of the Consumer Protection Law, allowing consumers who have been harmed to seek compensation for the costs of ordering goods from Shopee, a business actor that provides marketplace services. Consumer protection against material losses is the application of according to the principle of Hifz al-Mal (property protection), Shopee is required to give a guarantee of compensation for the return of items by the expedition.
AJARAN IMAM ABU HANIFAH DALAM HUKUM ISLAM MELALUI MAZHAB HANAFI Ningrum, Novita Ardiyanti; Kuraesin, Siti; Aisah, Putri Maharani Rahma; Prasetia, Riky; Anwar, Syahrul
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10845

Abstract

This research is motivated by the fact that Islam recognizes the existence of four most prominent schools of thought, namely Hanafi, Maliki, Shafi'i, and Hambali. The scholars and Imams of the madhhab essentially discuss Islamic law. The discussion includes various concepts, including opinions, beliefs, ideologies, doctrines, teachings, understandings, and legal frameworks. Imam Hanafi is one of them, who has a rational style of fiqh and ushul fiqh thinking. This research aims to analyze how the biography and social and intellectual conditions at the time of Imam Abu Hanifah and how the pattern of ijtihad and examples of Imam Abu Hanifah's opinions in Islamic Law. This research uses a normative juridical approach and descriptive analysis method. Data was collected using literature study techniques, and using qualitative data analysis techniques. The results showed that Imam Abu Hanifah was a jurist who lived during the Umayyad and Abbasid dynasties, which were characterized by rapid social and intellectual development. He created the Hanafi school, known as flexible and moderate, which emphasizes the use of reason and ijtihad in determining Islamic law. In addition, the istihsan and urf methods that Imam Abu Hanifah introduced in fiqh allowed for the application of laws that were more in line with local social and cultural contexts. This shows that Imam Abu Hanifah valued and balanced customs and Islamic values.

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