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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
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Articles 20 Documents
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Search results for , issue "Vol. 9 No. 2 (2025): Mei-Agustus" : 20 Documents clear
Perwujudan Sila ke-5 Pancasila bagi Penyandang Disabilitas dalam Mendapatkan Hak-Hak Fundamental berdasarkan Undang-Undang Nomor 8 Tahun 2016 Riskanita, Dinda; Sulistyowati, Andita; Nugroho, Dendy Prasetyo
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10386

Abstract

The 5th principle of Pancasila contains the principle of justice in various aspects of life without discrimination against anyone, including people with disabilities. This principle emphasizes that every citizen, including people with disabilities, has the right to receive equal treatment, access to basic rights, and equal opportunities in community, national and state life. Through Law Number 8 of 2016 concerning Penyandang Disabilitas, as a form of government responsibility in creating policies that favor people with disabilities and eliminate discrimination. This study aims to analyze and examine the manifestation of the principle of social justice in Pancasila, especially regarding the fulfillment of basic rights for people with disabilities. The main focus of this study is to explore the extent to which the application of the principle of social justice in Pancasila contributes to equality, protection, and fulfillment of the basic rights of people with disabilities in various aspects of life. This research is a normative legal research with a statue approach, by examining secondary legal materials using the library research method, where the research will answer the problem by using supporting legal theories through literature studies. The results of this study explain that the 5th principle of Pancasila demands social justice in fulfilling basic rights for people with disabilities, namely in the fields of education, employment, health, accessibility, socio-political participation, legal protection and social security. This study emphasizes the importance of ensuring that people with disabilities are not only respected, but also given equal opportunities to enjoy their basic rights in all aspects of life. Pancasila, as the basis of the state, emphasizes that social justice for people with disabilities is the state's obligation to realize it through policies and real actions. Law Number 8 of 2016 is a concrete form of government commitment in ensuring the fulfillment of the basic rights of people with disabilities.
Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat Krestianto, Agustinus Herry; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10828

Abstract

Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El).
Kepastian Hukum Pelaksanaan Lelang Terhadap Pemenang Lelang pada Saat Penyerahan Obyek Septianingrum, Mia; Santoso, Budi
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10981

Abstract

This study discusses what if it turns out that the auction object when its obligations have been paid off by the buyer is not appropriate? If there is a legal vacuum, then what can be done to protect the buyer's rights? This study was conducted in order to answer questions like this, and then to be able to provide legal certainty and also legal protection for the parties involved in the auction. This research method is normative juridical. The approach used is the statutory approach (Statute Approach) and the conceptual approach (Conceptual Approach). Several studies show that auction winners often face delays in receiving auction objects due to administrative procedures or in moving auctions, the goods submitted are not appropriate. This arises because the laws and regulations regarding auctions are very minimal. The latest regulation is seen, namely the Minister of Finance, such as the Regulation of the Minister of Finance Number 27 of 2016 concerning Auction Implementation Guidelines. This results in a legal vacuum in several matters regarding auctions. One of them is if the auction object that is submitted during the delivery period is then not appropriate. Because this is not regulated in existing laws and regulations, it results in legal uncertainty for auction buyers.
Kepastian Hukum Tanggung Jawab PPAT Terhadap Akta Jual Beli Tanah yang Tidak Dibacakan Dihadapan Para Pihak Hidayat, Abia Kalila; Yunanto, Yunanto
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10982

Abstract

Notary/PPAT is a public official who has an important role in ensuring legal certainty through authentic deeds made by authorized officials. In the land law system, the process of making authentic deeds is the basis for the transfer of land rights. So that the deed of sale and purchase of land made by PPAT has authentic legal force that guarantees legal certainty. This study is expected to provide a clearer understanding of the importance of the deed reading procedure in ensuring legal certainty, as well as emphasizing the responsibility of PPAT in carrying out their duties in accordance with the principles of caution and professionalism. The type of research used is Normative Juridical research or library legal research methods, namely reviewing laws and regulations and relevant case studies on the importance of understanding bankruptcy status where notaries affect their professional duties and the authenticity of legal documents. The results of this study indicate that with the existence of administrative sanctions of dishonorable dismissal of the position of PPAT for violating the law, and in general the legal consequences of a deed that is not read in front of the parties will be the same as a private deed and have legal consequences as a private deed because of the error of the PPAT being given administrative responsibility for his actions of dishonorable dismissal in accordance with the Regulation of the Republic of Indonesia Number 37 of 1998 concerning the Regulation of the Position of Land Deed Making Officials Article 22, the PPAT deed must be read/its contents explained to the parties in the presence of at least 2 witnesses before being signed immediately by the parties, witnesses, and the PPAT in this case deviating from what is in the Law.
Perlindungan Hukum Bagi Korban Tindak Pidana Terorisme di Indonesia: Tantangan dan Implementasi Nuralam, Yoga Wibawa; Saleh, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11249

Abstract

This study aims to explore the legal protection provided to victims of terrorism in Indonesia, considering its broad impact on individuals and society. Using a normative juridical method, the study analyzes regulations such as Law No. 5 of 2018 and Law No. 13 of 2006, along with relevant legal concepts. The findings indicate that while legal protection includes compensation, restitution, and rehabilitation, its implementation faces challenges in legal, policy, and institutional coordination aspects. This study contributes by identifying key obstacles in regulatory enforcement and proposing strategies to enhance the effectiveness of legal protection through optimized law enforcement mechanisms. The study's limitation lies in its focus on normative analysis without an in-depth empirical examination. Its originality stems from a comprehensive evaluation of the effectiveness of existing regulations and strategic recommendations to improve protection for terrorism victims.
Analisis Penyebaran Berita Hoax di Media Sosial: Perspektif Hukum dan Peran Masyarakat dalam Mitigasi Masrufah, Masrufah; Fatmawati, Nynda
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11250

Abstract

The spread of fake news (hoaxes) through social media has become a serious challenge in Indonesia due to its impact on social stability and national security. This study aims to explore various types of hoaxes circulating on social media, the legal frameworks used to address them, and the role of society in preventing their spread. This research employs a qualitative approach through document analysis of relevant regulations, such as the Electronic Information and Transactions Law (UU ITE) and the Indonesian Criminal Code (KUHP), as well as case studies of viral hoaxes in Indonesia. The findings indicate that hoaxes can be categorized into several types, including hate speech based on ethnicity, religion, race, and intergroup relations (SARA), public fraud, defamation, and false information that causes panic. Health-related hoaxes have also become a significant concern, particularly during the pandemic. Law enforcement against hoax perpetrators must be carefully implemented to avoid violating freedom of speech. Therefore, digital literacy is essential to raise public awareness in identifying and preventing the spread of hoaxes.
Integrasi Kearifan Lokal dan Hukum Positif dalam Pengelolaan Lingkungan Salamena, Hanny Jermias Onisimus; Saleh, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11251

Abstract

The practice of land clearing by burning forests has long been a part of indigenous communities' local wisdom in North Sumatra to enhance soil fertility. However, this practice conflicts with Indonesia’s positive laws, particularly Forestry Law No. 41 of 1999 and Environmental Protection Law No. 32 of 2009. This study aims to analyze the integration of local wisdom and positive law in environmental management. Using a qualitative approach with a case study method, the research examines the case of Sorbatua Siallagan, where land clearing in protected forest areas led to legal consequences. The findings reveal that while indigenous practices contribute to sustainable land use, they also pose environmental risks, including forest fires and air pollution. Therefore, strengthening dialogue and empowering indigenous communities with environmentally friendly agricultural techniques is necessary to harmonize local traditions with legal regulations, ensuring environmental sustainability and community welfare.
Penerapan Kewajiban Notaris dalam Memberikan Pelayanan Hukum bagi Pihak Kurang Mampu Sectiona, Wiky; Hafidh, Muhammad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11376

Abstract

In Indonesia, the Notary profession is a legal entity that has the authority to provide legal services according to the law. This authority is stated in Law of the Republic of Indonesia No. 2 of 2014 and No. 30 of 2004. However, notaries are not only responsible for providing legal services to the rich but also to the poor, in accordance with the principle of social justice. This study aims to analyze the application of notary law in providing legal services to the poor and to identify the challenges faced by notaries in their work. The research method used is Normative Jurisprudence or library legal research method, namely reviewing laws and regulations related to notary obligations, such as the Notary Law (UUJN), the Regulation of the Minister of Law and Human Rights, as well as the notary code of ethics and relevant case studies regarding notary obligations to provide legal services. The data obtained will be analyzed using a descriptive-qualitative method, namely by describing, interpreting and concluding the results of the study based on the data collected. The results show that although the obligation of notaries to provide legal services for the underprivileged has been regulated by law, its implementation still faces various obstacles. Strengthening of regulations, incentive systems, and better supervision are needed so that these services can truly be enjoyed by the people in need.
Perlindungan Pendapatan Daerah dari Pembayar Pajak Kendaraan yang Mangkir Perspektif Maqashid Syariah Ningrum, Dewa Alyu Sastra; Zulham, Zulham
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11488

Abstract

This study aims to determine the protection of Regional Income from vehicle taxpayers who are absent from the perspective of Maqashid Syariah at the SAMSAT Office. Motor vehicle tax is a fairly large source of income, but some people are still not compliant with tax payments, so that vehicle owners' tax compliance is not optimal. In implementing the Regional Regulation of North Sumatra Province Number 6 of 2018 concerning Regional Taxes, it is also necessary to establish guidelines and procedures for collecting motor vehicle taxes as stated in the Regulation of the Governor of North Sumatra Number 12 of 2019. This study aims to determine the potential income of the Binjai City Government from vehicle taxpayers who are absent, the impact of motor vehicle taxpayers who are absent, and the protection of Regional Income from vehicle taxpayers who are absent when viewed from the perspective of Maqashid Syariah. This type of research is empirical legal research with a statute approach and living case studies. From the perspective of Maqashid Syariah, efforts to protect Regional Income related to motor vehicle taxpayers are the application of the Maqashid Syariah principle, so it is mandatory to protect Regional Income and comply with the payment of motor vehicle taxes.
Sanski Hukum Bagi Pelaku Hiperseks yang Mengakibatkan Kekerasan Dalam Rumah Tangga (KDRT) Yasmin, Aliya; Lubis, Syaddan Dintara
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11500

Abstract

Sexual urges that are very strong and challenging to control are reflected in hypersexuality, which can result in coercion, pressure, or even violent behavior. It can be difficult to recognize and address incidents of domestic violence involving hypersexual behavior. Because sociological juridical normative legal studies explore the meaning of hypersex, hypersexual variables, related cases, and hypersex, these findings help in building legal arguments. The hope is to maintain the welfare of every family member and build a family atmosphere free from sexual violence. Legal writing is included in the category of sociological jurisprudential normative legal research, trying to investigate legal penalties for those involved in hypersexual behavior that leads to sexual violence. Legal norms are the subject of the analysis of the internal perspective of this legal method. Legislation relating to the crime of sexual violence is secondary data referred to by this study. The findings of this study indicate that the elements of punishment for perpetrators of hypersex based on criminal law are a single/imperative formulation system, an alternative formulation system, and a cumulative formulation system. While based on Islamic criminal law, ta'zir punishment is a sanction that can be given to those who commit violations including sexual violence. In addition, the type of ta'zir punishment also differs depending on the choice of the government judge or ulul amri based on ijtihad.

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