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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. 9 No. 3 (2025): Legal Standing" : 20 Documents clear
Tantangan dan Strategi Implementasi Kebijakan Anti-Korupsi di Lembaga Pemerintahan Wahid, St. Hadijah; Putra, Wandi Pratama; Arale, Friska Amelia
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.9989

Abstract

Corruption within government institutions is a major obstacle to achieving sustainable growth and building a clean governance system. Anti-corruption policies are important, but the complexity of their implementation encompasses cultural factors, laws, and power dynamics. Government institutions face difficulties in implementation due to complex bureaucratic structures, internal resistance, and limited resources. The purpose of this research is to identify the challenges and implementation strategies of anti-corruption policies in government institutions. This research uses literature review and data analysis methods. The results indicate that improvement efforts require strategies such as strengthening internal capacity, increasing transparency, and fostering public participation. A strong legal foundation, adequate resource distribution, as well as outreach and public education programs are key to enhancing anti-corruption policies in government institutions. Implementation strategies involve standardizing law enforcement, capacity building, strengthening legal frameworks, resource distribution, awareness campaigns, and anti-corruption capacity enhancement programs. Encouraging public participation, especially through anti-corruption education in schools, and leveraging information technology to increase transparency, are essential foundations for building a clean and effective government.
Anti-SLAPP sebagai Strategi NDC dalam Perlindungan Hutan Zero Deforestation Pertiwi, Ella Paramitha; Effendy, Muhammad Alim Multazam; Yakin, Moh Ainul; Taufik, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.10854

Abstract

Indonesia has very diverse natural resources, especially the abundant forest wealth. But in reality, forest wealth is declining due to deforestation. This contradicts Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that people need to fulfil their right to a good and healthy environment. The research was conducted using normative juridical method through statutory, case study and conceptual approaches that produced qualitative data through literature study. This research found the fact that there is no regulation that discusses the implementation of Nationally Determined Contributions (NDC) in Indonesia and there are still many cases of criminalisation due to deforestation cases. Therefore, it is necessary to embody the NDC in the Anti-SLAPP regulation to realise Zero Deforestation-based forest protection in Indonesia.
Hipotek Kapal: Perlindungan Hukum dan Kepastian Bagi Kreditur Pambayun, Cindy Fatika Dewi; Tan, David; Fitri, Winda
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11137

Abstract

Ships as collateral for mortgages in credit agreements are regulated in Articles 1162 to Article 1232 of the Civil Code and Shipping Law Number 17 of 2008. This departs from Indonesia's geographical conditions as a maritime country with important sea transportation, as well as its position in between the continents of Asia and Australia. Ships have two legal statuses, namely as movable and immovable objects. The Shipping Law states that the guarantee of a ship is determined by its region of registration, which is also linked to information about the ship and its owner in the national registration book. The nationality of the ship needs to be considered like other property rights. Banks are often hesitant to accept ship collateral due to the precautionary principle. However, the 2008 Shipping Law provides new hope for shipping entrepreneurs, even though many ships are not yet insured, making it difficult for banks to accept ships as credit collateral.
Problematika dan Tanggung Jawab Profesi Notaris kepada Masyarakat demi Tercapainya Kepastian Hukum Anindita, Puspita; Priyono, Ery Agus
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11276

Abstract

In order to realize the Republic of Indonesia as a State of Law based on Pancasila and the 1945 Constitution of the Republic of Indonesia in order to guarantee certainty, order and legal protection for those who need authentic written evidence which explains the circumstances, events or legal acts that require the Office of Notary, in 2004 the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary was issued as amended by Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary. Based on the Provisions of Article 1 number 1 of the Republic of Indonesia Law Number: 30 of 2004 concerning the Position of Notary as amended by the Republic of Indonesia Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, the definition of Notary is as follows: Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law. Thus, because the Notarial Deed is an Authentic Deed, the Notarial Deed has perfect or complete evidentiary power, as stipulated in Article 165 HIR.
Pemenuhan Hak Anak Sebagai Korban dalam Sistem Pengadilan Tindak Pidana Kekerasan Seksual Siahaan, Rahel; Tan, Winsherly; Febriani, Emiliya
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11362

Abstract

This study aims to analyze the effectiveness of fulfilling children's rights in the judicial system of sexual violence crimes in Batam City, as well as to identify the challenges and realities faced during its implementation. The research method used is an empirical juridical approach, with data collected through in-depth interviews with law enforcement officials, including investigators and police in Batam City. The findings reveal that although comprehensive regulations exist, their implementation remains suboptimal due to limited human resources, insufficient child-friendly facilities, and ineffective inter-agency coordination. These barriers hinder the protection and recovery of child victims of sexual violence. The study also highlights the importance of applying the principles of Best Interests of the Child and the Restorative Justice approach to create a more child-friendly judicial system. Therefore, improvements in law enforcement training, strengthening inter-agency coordination, and developing facilities to support the recovery of child victims of sexual violence are urgently needed.
Pelaksanaan Hak Tanggungan Secara Elektronik dengan Jaminan Sertipikat Tanah Marisa, Marisa; Aminah, Aminah
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11377

Abstract

Technological advances have had a significant impact on various aspects of life, including law and public administration. One important aspect is the implementation of taxation, which is a strategic strategy with high economic value and is considered an important object in economic activities. The Indonesian government has implemented an Electronic Tax Service (HT-el) system to improve efficiency, transparency, and accountability in tax administration. HT-el covers various tax-related processes, such as tax collection, creditor changes, and tax collection audits, which can be carried out electronically through an online platform. Digitalization offers many benefits, such as faster processing times, increased efficiency, and reduced long-term interconnections that prevent corruption. However, the implementation of HT-el also presents challenges that cannot be ignored. These include technological infrastructure, human resource management, and electronic data knowledge. The implementation of HT-el requires comprehensive legal services, including electronic document handling, personal data protection, and legal compliance for affected parties. One of the challenges faced in the implementation of HT-el is the relationship between creditors and debtors, which can be affected by differences in data in the electronic tax system. Debtors may believe that digital data is incompatible with the old tax system, thus creating the risk of inaccurate data input or lack of clear communication mechanisms. The implementation of HT-el also involves exploring various aspects of technology in the process, analyzing its impact on taxation, and providing recommendations for developing a better system during the data collection period. This study aims to contribute to understanding the digitalization of the tax law system and addressing the various challenges faced in its implementation.
Peran Mediasi dalam Penyelesaian Sengketa Perjanjian Kontrak Bisnis di Indonesia Simarmata, Boy Gabriel Yohanes; Sinaga, Irene Putri Alfani Sofia
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11493

Abstract

Business contract disputes are common issues in the business world, arising from either breaches of agreements or differing interpretations of contract terms. Dispute resolution through litigation often takes a long time, incurs high costs, and has the potential to damage established business relationships. This study aims to analyze the role of mediation in resolving business contract disputes in Indonesia by highlighting its effectiveness, challenges, and opportunities for optimization within legal and practical contexts. This research employs a normative legal method with an analytical approach to relevant regulations, such as Supreme Court Regulation (Perma) No. 1 of 2016 on Mediation Procedures in Court, as well as legal doctrines and related literature. The findings indicate that mediation has great potential as a more efficient dispute resolution mechanism than litigation, as it is flexible, faster, and helps maintain business relationships between parties. However, its implementation still faces obstacles, including low awareness among business actors, a limited number of professional mediators, and a dominant litigation culture. The originality of this study lies in its comprehensive analysis of mediation implementation based on regulatory reviews and business practices in Indonesia, along with strategic recommendations to enhance its effectiveness. The study's limitations include constraints in empirical data collection, as it primarily adopts a normative approach. Therefore, further research based on case studies or interviews with legal practitioners and professional mediators is recommended to gain deeper insights into the practical effectiveness of mediation. To address existing challenges, efforts are needed to promote mediation awareness, improve mediator competencies, and strengthen regulations supporting out-of-court mediation.
Constitutional Implications of Abolishing the Presidential Threshold on Democracy and the Electoral System in Indonesia Mau, Hedwig Adianto
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11579

Abstract

The Constitutional Court's Decision No. 62/PUU-XXII/2024, which nullified the application of the presidential threshold in Indonesia’s presidential and vice-presidential elections, represents a transformative development in the country's electoral framework. This research investigates the legal and political ramifications of the ruling, particularly its impact on democratic practices and the structure of the electoral system in Indonesia. Employing a normative juridical approach, the study explores the constitutional justification for eliminating the threshold, assesses its effects on political inclusiveness, and examines its implications for governmental stability. The results suggest that eliminating the presidential threshold may strengthen democratic processes by enabling broader candidate participation and encouraging a more competitive political environment. Nevertheless, the absence of such thresholds could also lead to heightened political fragmentation, potentially resulting in a more divided electoral arena. From a regulatory standpoint, this shift demands careful revision of electoral procedures to maintain administrative efficiency and uphold the integrity of election outcomes. This research contributes original insights by being among the first to critically assess the legal reasoning of the Constitutional Court’s decision in the context of Indonesia’s evolving democratic architecture. It highlights the tension between normative constitutional ideals and practical governance needs, offering a nuanced interpretation that bridges theory and institutional realities. However, the study is limited by its focus on normative and doctrinal analysis without incorporating empirical data from political actors or voter behavior post-ruling. In conclusion, the abolition of the presidential threshold introduces a multifaceted impact on Indonesia's democratic development and electoral integrity, warranting further scholarly inquiry into regulatory frameworks that can harmonize openness with governance efficacy post-ruling.
Efektivitas Penyelesaian Hukum Akibat Sound Horeg Melalui Restoratif Justice Parikesit, Dhana Harliza Putri; Romadhon, Ahmad Heru; Gunawan, Bambang Panji
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11654

Abstract

This research aims to examine the effectivenessof legal settlements regarding the nouise disrtubances caused by sound horeg through  a restorative justice approach . sound horeg refers to high-decibel audio devices used in community events such as birthdays, circumcisions, and carnivals. Excessive and unregulated use of these devices often disturbs public comfort and order. This can be considered an unlawful act, as it violates established noise level thresholds and infringes on the public’s right to a peaceful and healthy environment. The research adopts a normative juridical method with statutory and conceptual approaches. Data sources include literature review of relevant regulations such as the Criminal Code, Law No. 32 of 2009 on Environmental Protection and Management, and Ministerial Regulations on noise level standards. Secondary data were obtained from articles, news reports, community complaints, and scientific journals. The findings show that a restorative justice approach is more effective in resolving legal issues related to sound horeg compared to repressive methods. Restorative justice emphasizes deliberation, restoration of social relations, education for offenders, and continuous supervision. This approach helps minimize social conflict, enhances legal awareness in the community, and supports the creation of sustainable public order.
Karakteristik Sistem Pembagian Waris Keluarga Dayak Muslim Lestari, Indah; Syaikhu, H; Patrajaya, Rafik
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11660

Abstract

Inheritance practices between Muslim Dayak families can be handed over to the majority without regard to differences in religion and gender. This indirectly shows that there are values that are maintained by Muslim Dayak families in the distribution of inheritance so that this happens. This research is a type of empirical research with a legal sociology type and approach socio-legal with qualitative data analysis methods. The results of the research show that the implementation of inheritance distribution in Muslim Dayak families applies three main points, namely Budaya Damai, Tradisi Hakakat and implement the principles Belom Bahadat namely maintaining the value of the inheritance system used so as to create a characteristic, namely applying equality, so that Dayak Muslim inheritance can be in harmony with Islamic law.

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