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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. 4 (2025): Legal Standing" : 20 Documents clear
Akibat Hukum Pembatalan Jual Beli di Aplikasi E-Commerce sebagai Perbuatan Itikad Tidak Baik Berdasarkan KUH Perdata Fakira, Qania Athaya; Lubis, Syaddan Dintara
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.12089

Abstract

The transformation of digital technology and the development of the internet have revolutionized trade activities, one of them is through electronic commerce (e-commerce). This business model offers ease of transactions, time efficiency, and expanded market reach without geographical boundaries. However, this convenience raises legal issues, one of them is unilateral transaction cancellation by the buyer, particularly with the Cash on Delivery (COD) method. From the perspective of Indonesian civil law, unilateral cancellation without a valid reason constitutes a form of default and a violation of the principle of good faith as regulated in Clause 1338 verse (3) of the Civil Code. This study aims to identify legal provisions related to bad faith in unilateral cancellation and to analyze the forms of legal protection for sellers in e-commerce. This study uses a normative juridical research type with a statutory approach. Data collection techniques include literature studies, including primary legal materials such as the Civil Code, Clause No. 8 of 1999 concerning Consumer Protection, and Clause No. 11 of 2008 concerning Electronic Information and Transactions, as well as secondary and tertiary legal materials. The analysis method in this study is qualitative, conducted through an interpretation of the processed legal materials. The results show that unilateral cancellations, particularly in COD systems, cause losses for sellers both financially and non-financially, including damaged goods, repackaging costs, lost potential profits, and psychological stress. Legal protection for sellers includes the right to receive payment as agreed, protection from bad faith consumer actions, and the right to claim compensation under Clause 1243 of the Civil Code. Prevention efforts can be implemented practically, such as reporting to the platform and deactivating the COD option, or legally through lawsuits for breach of contract or unlawful acts. This study presents a novelty approach to the concept of bad faith, which can be considered to be unilateral cancellation.
Kepentingan Terbaik Anak dalam Pengaturan Hukum Dispensasi Perkawinan Kusnadi, Sekaring Ayumeida
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.12264

Abstract

The state is constitutionally obligated to ensure the fulfillment of child protection rights as an integral part of human rights. One such regulatory mechanism pertains to the legal framework governing marital agreements, known as marriage dispensation. This legal document is used to deal with specific situations that are considered to be in the best interests of the child. Article 7, paragraph (2) of Law No. 16/2019 on Marriage says that marriage dispensation may be granted in cases of extreme urgency. However, the legal text does not clearly explain what "very urgent reasons" are. The objective of this study is to analyze the concept of the best interests of the child within the framework of the regulation of marriage dispensation in Indonesia. The results of this study will probably be used as a reference when the Marriage Law is changed in the future. The research method juridical normative within statute and conceptual approach. The results explain that there is a lack of clear legal guidelines regarding marriage dispensation, leading to different interpretations and contributing to the high number of marriage dispensation applications in Indonesia. The main reason people use these apps is emotional, and it has to do with love. This condition has the potential to circumvent the fundamental principle of child protection and undermine the legal objectives that are intended to be achieved. The recommendation in this article is that the Marriage Law should clearly define "very urgent reasons" for obtaining marriage dispensation in the future. This affirmation is needed to make sure that the law is clear, fair, and benefits children while protecting them. The main idea of this research is that the rules in the Marriage Law should be changed to match the ideas of protecting children and the idea that the child's best interests should be considered, as stated in international agreements like the Convention on the Rights of the Child, which has been ratified by Indonesia.
Analisis Sistem Resi Gudang Sebagai Alternatif Pembiayaan Petani Ketika Deflasi Hasanah, Nisa Maulida; Pratama, Muhammad Ath-Thaariq
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.10673

Abstract

The Central Statistics Agency released its latest report on economic conditions in Indonesia, which has experienced deflation for 5 consecutive months. During this time, people's purchasing power continued to decline, making it difficult for farmers and fishermen to sell their produce at reasonable prices. The declining purchasing power makes many farmers or fishermen throw away their products because they cannot be stored. The government has created a Warehouse Receipt System (SRG) that aims to allow farmers, fishermen and others to store their commodities in a standardized warehouse. In addition, the SRG also includes a guarantee mechanism that allows for financing. Farmers and fishermen can store their products in SRG warehouses for a long time, but still get money for production capital with financing that makes Warehouse Receipts as collateral objects. SRG can be a solution for farmers and fishermen in the face of deflation or a decline in purchasing power with production continuing even though sales are slower than usual.
Disparitas Putusan Hakim dalam Kasus Kekerasan Seksual oleh Pelaku Anak Ali, Nurul Fatwa; Sunariyo, Sunariyo; Alhadi, Muhammad Nurcholis
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11418

Abstract

Crimes against children are increasingly occurring, especially sexual violence that does not only recognize place and time, but also does not recognize who will be the perpetrator and victim. For example, the child perpetrator in Decision Number 27/Pid.Sus-Anak/2023/PN Smr and Decision Number 12/Pid.Sus-Anak/2024/PN Smr. The difference in punishment (criminal disparity) seen in both decisions can create a bad stigma in the eyes of the victim and the community, especially since both perpetrators committed crimes with a similar level of seriousness. This study aims to analyze the disparity that occurs between the two verdicts and analyze the judge's consideration in sentencing child offenders. This research uses a normative juridical method with qualitative analysis, and relates the theory of justice and juvenile punishment. The results of this study indicate that the disparity in punishment given is due to differences in the legal basis used so that the final punishment given in the two decisions is also different. This can be influenced by the different views of judges who, in making their decisions, are not only derived from juridical considerations but also non-juridical considerations.
Analisis Keputusan Kpu Nomor 789 Tahun 2024 Tentang Penetapan Daftar Calon Tetap Anggota Dpd Dapil Sumatera Barat Perspektif Siyasah Dusturriyah Sopian, Sopian; Khalid, Khalid
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11601

Abstract

The purpose of this article aims to clarify the Decree of the General Election Commission (KPU) of the Republic of Indonesia No. 789 of 2024 concerning the Determination of the Permanent Candidate List for DPD RI Members for the Electoral District of West Sumatra Against the Decision of the Constitutional Court No. 03-03 / PHPU.DPD-XXII / 2024 and to clarify the Decree of the KPU RI No. 789 of 2024 in the Perspective of Fiqh Siyasah. . The writing method uses a normative approach and data collection techniques using literature studies. This article is descriptive and aims to solve problems. Based on the analysis, this article found that the KPU RI Decree resulted in a loss of constitutional rights for Irman Gusman to be able to participate in the general election contest for DPD RI Members for the West Sumatra Electoral District. This happened because of the KPU's error in interpreting the PKPU and the Law on Elections. Second, the KPU's non-compliance with the Jakarta PTUN Decision resulted in the law in the DPD RI general election for the West Sumatra electoral district so that Irman Gusman was canceled as a Permanent Candidate List for DPD RI Members in the 2024 General Election. Third, from the perspective of Fiqh Siyasah which includes political rights, it is basically an effort to prevent former candidates from committing the same acts in the future. Fourth, the Constitutional Court's decision to hold a re-vote for the election of DPD RI Members for the West Sumatra Electoral District in the 2024 Election is basically to uphold justice and provide Irman Gusman's Constitutional Rights which have been violated by the cancellation of the KPU RI.
Meneropong Efektivitas dan Efisiensi Kabinet Koalisi Merah Putih Terhadap Tata Kelola Pemerintahan Nurmala, Sheila Adi; Hadi, Candrika Pratisara
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11720

Abstract

This research explores the effectiveness and efficiency of the Red and White Coalition's Fat Cabinet under the leadership of President Prabowo Subianto, and its implications for state governance. Indonesia's presidential system, stipulated in the 1945 Constitution, gives the president the power to form a cabinet consisting of ministers appointed based on political considerations and competence. This research uses a qualitative method with a statutory and conceptual approach to analyze the structure and dynamics of the cabinet. The results show that although a fat cabinet has the potential to improve political stability and task specification, challenges such as inefficiency and coordination difficulties remain. Therefore, it is recommended that the Prabowo administration conduct periodic evaluations of ministry performance and increase transparency in decision-making to ensure policies that favor the public interest.
Implikasi Hukum Terhadap Notaris yang Melakukan Keterlambatan Pendaftaran Jaminan Fidusia dalam Sistem Administrasi Hukum Umum Sebagai Pemegang Jaminan Fidusia Haq, Sadida Amalia Izzatul; Aminah, Aminah
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11724

Abstract

One of the most important forms of collateral in Indonesia's financial sector is fiduciary security. When a debtor defaults on their payments, the civil law system gives creditors the authority to seize assets in order to get their money back. In order to guarantee that fiduciary certificates are legally legitimate, it is necessary to register them via the General Legal Administration System (AHU), as stated in Law Number 42 of 1999 on Fiduciary Security. On the other hand, notaries often cause delays in the registration procedure, which may impact creditors' rights and result in legal ramifications for the notaries themselves. The purpose of this research is to look at how the law protects creditors when notaries are late with registering fiduciary securities and what that means for their legal liability. The study examines applicable statutes, case law, and legal theories from a normative juridical perspective. According to the results, creditors risk having their preferred rights to the collateral object eroded and debtors' chances of abusing the fiduciary object increased if the registration process takes too long. Thus, in order to preserve creditors' legal rights, notaries must guarantee correct adherence to fiduciary registration processes.
Kedudukan Pengadilan Pajak dan Perbandingannya dengan Sengketa Tata Usaha Negara di Indonesia Jadidyah, Havida; Priyono, Agus
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11726

Abstract

The Tax Court is a special judicial institution authorized to handle tax disputes in Indonesia. Its position is under the Supreme Court in terms of judicial technical guidance, but administratively, organizationally, and financially it is under the Ministry of Finance. This study aims to examine the position of the Tax Court in the Indonesian judicial system and to compare the mechanisms for resolving tax disputes with State Administrative (TUN) disputes. This study uses a normative legal method with a statutory regulatory approach and a conceptual approach. The results of the study indicate that the Tax Court is part of the state administrative court environment, but has specific procedures and authorities. The striking difference between tax disputes and TUN disputes lies in the resolution mechanism. Tax disputes are quasi-judicial in nature and require an objection procedure to the Director General of Taxes before they can be submitted to the Tax Court. In contrast, TUN disputes can be submitted directly to the State Administrative Court without going through the administrative objection stage. In addition, the decision of the Tax Court is final and binding, while the PTUN decision can still be pursued for further legal action. This difference reflects the characteristics of each dispute, and emphasizes the strategic position of the Tax Court in providing justice and legal certainty for taxpayers. This study is expected to contribute to strengthening the understanding of academics, legal practitioners, and the public regarding effective and targeted tax dispute resolution mechanisms.
Implikasi Pemutusan Hubungan Kerja Sepihak Bagi Hak Pekerja Pasca UU Cipta Kerja Tanera, Lauren; Gunadi, Ariawan
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11838

Abstract

Unilateral termination of employment is a labor issue that has the potential to cause significant economic and welfare impacts on workers. The act of terminating employment without a clear legal basis and without fulfilling workers' rights contradicts the principle of fairness in the industrial sector. This study aims to examine the legal protection aspects for workers who experience termination without mutual agreement and to analyze the role of the government in addressing this issue. This research employs a normative approach by analyzing applicable legal provisions, including legislation and court decisions. Based on Article 28D (2) of the 1945 Constitution of the Republic of Indonesia and Article 81, point 47 of the Omnibus Law, which revises Article 156(1) of the Manpower Law, workers who experience termination of employment are entitled to compensation in the form of severance pay, long-service appreciation pay, and compensation for other entitlements. Additionally, the government plays a key role as a policymaker and mediator in labor dispute resolution. Although regulations provide a legal foundation for protecting workers' rights, cases of unfair termination continue to occur due to weak enforcement and limited worker awareness of their rights. Therefore, concrete measures are necessary to strengthen law enforcement, enhance oversight of labor regulation implementation, and optimize the government's role in ensuring the protection of workers' rights.
Hak Waris Bagi Anak Yang Lahir dari Perkawinan di Bawah Tangan Suryaningsih, Ayuk; Hadiati, Mia
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11839

Abstract

Unregistered marriages (perkawinan siri) remain a common practice within Indonesian society. Although such marriages are considered religiously valid, they hold no legal standing under state law due to the absence of official registration with civil authorities. This lack of legal documentation leads to significant legal issues, particularly regarding the legal status of children born from such unions, including civil rights such as recognition, financial support, and inheritance. This study aims to examine the protection of the rights of children born from perkawinan siri from the perspectives of Islamic law, Christian doctrine, and Indonesian positive law, with the goal of identifying a common ground that ensures justice and child welfare. This research adopts a normative legal method (juridical-normative approach), incorporating statutory, conceptual, and comparative legal approaches. The data used in this study are secondary data, consisting of primary legal materials (laws and court decisions), secondary legal materials (legal literature and scholarly journals), and tertiary legal materials. Data were collected through library research. The data analysis technique employed is qualitative analysis, which involves examining the content and interpretation of relevant legal norms and religious teachings, as well as comparing them to identify alignments or discrepancies in the protection of children’s rights born out of unregistered marriages. In Islamic law, children born from biological relationships are entitled to protection, even if they are born outside of legally registered marriages. Within Christian teachings, perspectives vary across denominations; however, there is a general emphasis on the legitimacy of civil law. Under Indonesian national law, the legal status of such children may be acknowledged as long as the evidentiary requirements prescribed by law such as recognition by the father or a court ruling are fulfilled. This study highlights the critical importance of marriage registration as a form of preventive legal protection, ensuring the clarity of a child's legal status and the fulfillment of their rights. Furthermore, empirical findings reveal a persistent gap in legal awareness among the public and a disconnect between legal norms and their implementation, underscoring the need for active roles by the state and religious institutions in promoting legal education and policy reform.

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