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[Dampak Penggunaan Layanan Pinjaman Online dan Perlindungan Hukum Terhadap Konsumen ]]>
<![CDATA[Prayuti, Yuyut]]>;
<![CDATA[Syifa, Hilda Ainis]]>;
<![CDATA[ZA, Nanang Fahruddin]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.10620
<![CDATA[Online loans are financial institutions that provide loans and borrowing of funds through digital technology. This study aims to examine the impact of using online loan services and the legal protection applied to online loan consumers. This study uses a normative legal method with a qualitative approach. The data used are secondary data obtained from laws and regulations, legal doctrine, related literature, and jurisprudence. Data collection techniques are carried out through document studies, while data analysis is carried out qualitatively by interpreting and connecting relevant legal data to examine legal protection for online loan consumers. The results of this study indicate that the use of online loans by consumers has positive and negative impacts. One of the positive impacts is providing significant economic development for the community and the negative impact is high interest rates. Legal protection for online loan consumers is regulated in the Financial Services Authority Regulation (POJK) Number 2 of 2023 which includes protection of assets, privacy, and consumer data; obligations and prohibitions for consumers and online loan actors; collection mechanisms carried out by online loan actors to consumers; and so on.]]>
<![CDATA[Analisis Yuridis Kebijakan Hukuman Mati di Indonesia ]]>
<![CDATA[Zulhilmi, Daffa]]>;
<![CDATA[Chaidar, Muhamad]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.10922
<![CDATA[The death penalty is the highest form of punishment still applied in Indonesia, especially for serious crimes such as premeditated murder, narcotics, and terrorism. This policy has a clear legal basis in the Criminal Code and a number of special laws. However, its implementation has raised debates regarding its impact on human rights, especially the right to life guaranteed by the constitution. This study aims to examine the legal basis, history and evolution of the death penalty policy, its impact on human rights, and its implementation in the context of law enforcement in Indonesia. This study uses a normative legal method with a legislative, conceptual, and historical approach, as well as qualitative data analysis of primary and secondary legal materials to understand the legal basis, objectives, and implications of the implementation of the death penalty in Indonesia. The results of the study show that although the death penalty has strong legal legitimacy, its implementation faces serious challenges, such as criticism of its effectiveness in preventing crime and potential violations of procedural justice, especially for less fortunate defendants. International pressure has also encouraged Indonesia to consider progressive steps, such as implementing a moratorium or abolishing the death penalty. This study concludes that the death penalty needs to be thoroughly evaluated to be more in line with human rights principles. A moratorium could be the first step in reforming more humane and effective sentencing policies.]]>
<![CDATA[Tinjauan Yuridis Tentang Dispensasi Perkawinan di Indonesia ]]>
<![CDATA[Ariyanti, Siska]]>;
<![CDATA[Kusnadi, Sekaring Ayumeida]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.10924
<![CDATA[Child marriage in Indonesia is a complex issue with socio-cultural dimensions and human rights violations. Although Law No. 16/2019 stipulates that the maximum age of marriage is 19 years old, the implementation of the child marriage recognition system still allows minors to marry due to pregnancy outside of marriage or due to social pressure. The purpose of this study is to evaluate the legal analysis of legislation related to the exclusion of the age of marriage and its implementation. The method used is normative research with a legal conceptual approach. The findings show that despite strict regulations, gaps in the exemption application process continue to create the potential for child marriage. Therefore, measures are needed to tighten the procedure, such as raising the minimum age limit, implementing additional documentation requirements, and making marriage counseling mandatory. This tightening is expected to protect children's rights, raise public awareness of the negative impacts of early marriage, and increase interest in education and mental preparation before marriage.]]>
<![CDATA[Pertanggungjawaban Hukum Orang Tua dalam Tindak Pidana Inses ]]>
<![CDATA[Putri, Dina Wanda Setiawan]]>;
<![CDATA[Kusnadi, Sekaring Ayumeida]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.10941
<![CDATA[This study aims to examine the legal responsibility of parents in incest crimes in Indonesia and to evaluate the effectiveness of existing laws and regulations in preventing and handling these crimes. This study uses a normative legal approach with legislative and conceptual research methods. The main data sources are primary legal materials, such as Article 8 of Law Number 1 of 1974 concerning Marriage and Article 76D of Law Number 35 of 2014 concerning Child Protection, as well as secondary legal materials in the form of literature, journals, and other related documents. Data collection techniques are carried out through document studies, while data analysis is carried out in a normative legal manner to understand, criticize, and interpret applicable legal regulations. This study found that although existing regulations have prohibited and criminalized incest, such as in Article 8 of the Marriage Law and Article 76D of the Child Protection Law, the sanctions applied are considered not strict enough to provide a deterrent effect. The application of castration and the installation of electronic chips, as regulated in the Child Protection Law, has also raised controversy regarding human rights. This study emphasizes the importance of strengthening the legal system through revision of laws that provide more effective sanctions and include comprehensive protection for incest victims. The originality of this study's findings lies in the critical analysis of legal loopholes in legislation and recommendations for restorative justice-based solutions that have not been widely reviewed in previous studies.]]>
<![CDATA[Kepastian Hukum Atas Status Tanah Adat Setelah Berlakunya Undang-Undang Pokok Agraria ]]>
<![CDATA[Zahra, Mutia]]>;
<![CDATA[Priyono, Ery Agus]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.10973
<![CDATA[On September 24, 2024, the Basic Agrarian Law (UUPA) was enacted and implemented, which is the main legal basis for land regulation in Indonesia. Before the UUPA was enacted, land regulations in Indonesia were still based on unwritten customary law and Western civil law inherited from the colonial era. In practice, many Indonesian people control land based on customary law, which often does not have valid written evidence to show ownership rights. Therefore, regulations regarding land rights are still often complicated and prone to disputes. The UUPA is present as an implementation of Article 33 paragraph (3) of the 1945 Constitution which mandates that the earth, water, and natural resources must be controlled by the state and used as much as possible for the prosperity of the people. The main objective of the UUPA is to create a just and prosperous society, as well as to provide legal certainty regarding land ownership and provide protection to people who have ownership rights to customary land, the UUPA allows the conversion of ownership rights to customary land into ownership rights in accordance with the provisions of the UUPA. The process of proving land rights in the UUPA can be done in several ways, such as land registration followed by the issuance of a land certificate, the issuance of a Land Rights Certificate (SKHAT) by the Village Head or Lurah which is authorized by the Sub-district Head, and also with physical control of the land which is proven by the existence of plants or buildings on the land. Through the UUPA, the government plays a role in equalizing land distribution and improving natural resource management, as part of agrarian reform. This is important to create a fairer and more equitable land ownership system throughout Indonesia.]]>
<![CDATA[Prosedur Penanganan Hukum Anak Pelaku Tindak Pidana Narkotika: Perbandingan Hukum Indonesia-Thailand ]]>
<![CDATA[Sembiring, Kirensi]]>;
<![CDATA[Abduh, Rachmad]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11097
<![CDATA[This research aims to explore the sentencing regimes applied to child offenders in the context of narcotic crimes in Indonesia and Thailand, as well as conduct a comparative study on the legal handling procedures applicable in both jurisdictions. Children represent the demographic with the highest prevalence of narcotic use globally. The normative framework in Indonesia is constructed through specific legislative instruments, namely the Republic of Indonesia Law No. 35 of 2009 regarding Narcotics and the Republic of Indonesia Law No. 11 of 2012 governing the Child Criminal Justice System. In the context of Thailand, related regulations are implemented through the Narcotic Act B.E 2522 and Juvenile Court B.E 2494. Narcotic abuse can be perceived as a crime without victim (crime without victim). This terminology indicates that this illegal activity does not produce external suffering, but rather the perpetrator themselves experiences detrimental consequences. This study is a library research with a normative approach, using documentary study methods to collect information and analyzed through qualitative interpretive procedures. The investigation results reveal that the legal regimes in Indonesia and Thailand apply a rehabilitative approach, both through non-institutional and institutional interventions, with the primary focus on protecting the rights of children involved in criminal acts.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Pekerja Kontrak dalam Pemutusan Hubungan Kerja ]]>
<![CDATA[Hasan, Fuad]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11128
<![CDATA[In Indonesia, the legal protection of workers includes two basic aspects, namely protection from the power of the employer and protection from government action. Legal protection from the power of the employer is implemented if the regulations on labor are implemented by all parties. The purpose of providing legal protection to workers is to create good working relationships and ensure that the rights of workers are implemented and can be fully received in accordance with applicable regulations and labour agreements. The research method used normative juridical research with a statutory approach and conceptual approach. Basically, this employment agreement contains the rights and obligations of the parties, in this case employers and employees. In labor relations, legal protection aims to avoid the arbitrariness of one of the parties. Factors affecting legal protection of workers' rights due to termination of employment include the fact that there are still many business actors who do not carry out their obligations to provide rights to workers in accordance with applicable regulations. Protection related to the rights of workers affected by termination of employment has been regulated in Law Number 6 Year 2023, namely the fulfillment of workers' rights consisting of severance pay, long service pay, and compensation pay that should be received in accordance with the length of service in the company concerned.]]>
<![CDATA[Fatwa MUI Nomor 83 Tahun 2023 Terkait Pemboikotan Produk Israel (Tinjauan Aspek Ekonomi, Sosial Dan Politik) ]]>
<![CDATA[Syam, Syafruddin]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11140
<![CDATA[This study aims to analyze the implementation of the Indonesian Ulema Council (MUI) Fatwa Number 83 of 2023 concerning the boycott of Israeli products, with a focus on its impact in North Sumatra Province from economic, social, and political aspects. The research method used in this study is qualitative using a legal sociology approach. The data sources used are primary data and secondary data with data collection methods, namely literature review and interviews. The results of the study obtained indicate that the MUI fatwa Number 83 of 2023 concerning the boycott of Israeli products, viewed from an economic aspect, has the potential to reduce the income of Israeli companies that rely on exports to international markets, including Indonesia. From a social aspect, this boycott is a manifestation of concern for the suffering of others and support for their struggle. From a political aspect, this fatwa has several implications, specifically support for Palestine. This study is expected to contribute to the understanding of the interaction between ulama fatwas, public policy, and public response in the context of sensitive international issues.]]>
<![CDATA[Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi ]]>
<![CDATA[Maulana, Adam Afin]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11179
<![CDATA[Patents play a strategic role in the development of the pharmaceutical industry as a mechanism for protecting drug innovation that drives research and development. In Indonesia, patent protection provides a legal basis to ensure exclusive rights to commercialize inventions, guarantee returns on investment, and facilitate the creation of innovative, safe, and quality pharmaceutical products. However, there is a tension between patent protection and the need for public access to affordable medicines. This article aims to analyze the role of patent protection in driving pharmaceutical innovation while evaluating its impact on the sustainability of the industry and public accessibility in Indonesia. This study uses a descriptive analytical method through a review of literature and secondary data relevant to the issues of patent protection, pharmaceutical innovation, and drug access in Indonesia. The analysis was conducted to identify the potential and challenges of implementing the patent system, as well as policies that can balance the need for innovation with public health interests. The results of the study show that although patents are able to attract investment and increase the competitiveness of the Indonesian pharmaceutical industry in the global market, their monopolistic nature often leads to increased drug prices, limiting access for vulnerable groups. Policies such as compulsory licensing can be a solution to ensure the production of generic drugs without neglecting innovation protection. With a balanced approach between intellectual property protection and equal access to essential medicines, Indonesia has the potential to build a sustainable pharmaceutical industry that is able to compete globally while meeting the health needs of its people.]]>
<![CDATA[Pembatasan Kepemilikan dan Penguasaan Lahan Rumah Tinggal Ditengah Pembangunan Komoditas Investasi ]]>
<![CDATA[Ruska, Afdhal -]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Tan, Winsherly]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11180
<![CDATA[This study highlights the importance of restricting residential land ownership and control in Indonesia because land is a capital asset. This study examines the social and economic impacts of this phenomenon, focusing on the Basic Agrarian Law, and provides policy recommendations to address the conflicts and inequalities that arise. This study uses a normative legal method. The results of the study show that the authorities of the Republic of Indonesia have attempted to restrict ownership and management of land rights for residential purposes, but these efforts have not been fully effective and clearly regulated in one law. The solution to restrict this is to create legal regulations that consider legal provisions and consider philosophical, legal, and sociological bases. The limitations of this study's findings lie in the lack of elaboration of the actual implementation of efforts to restrict residential land ownership and control in Indonesia, as well as the lack of analysis of the specific obstacles faced by the authorities in implementing them. In addition, recommendations for creating new legal regulations are still general in nature and do not include concrete mechanisms or steps to integrate philosophical, legal, and sociological aspects into regulations. However, the originality of this study lies in emphasizing the importance of a holistic approach in formulating policies, which considers not only the formal legal dimension, but also social values and the philosophy of justice in dealing with land as an investment commodity. This finding provides a significant contribution to the discourse on policy reform related to land ownership, especially in the context of facing pressure from the investment market.]]>
