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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 19 Documents
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Search results for , issue "Vol. 9 No. 5 (2025): Legal Standing" : 19 Documents clear
Ketidakseimbangan Penentuan Klausula Baku dalam Kontrak Pembiayaan Modal Kerja: (Studi Putusan No. 13/Pdt.G/2011/Pn. End) Muhairir, Mulia Aqsa; Harahap, Mhd Yadi
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12317

Abstract

Standard clauses that are imbalanced in working capital financing contracts, with a case study on Decision No. 13/Pdt.G/2011/PN. End. The approach used is normative juridical, by examining laws and regulations, doctrines, and judicial considerations. Data were collected through library research covering various legal sources, including primary materials such as the Indonesian Civil Code (KUHPerdata), Law Number 8 of 1999 concerning Consumer Protection (UUPK), and Decision No. 13/Pdt.G/2011/PN.End. Secondary materials used include legal books and journals. Tertiary materials include legal dictionaries and encyclopedias. The results show that clauses granting unilateral authority to the business party, eliminating the debtor’s right to objection, and establishing irrevocable absolute power have violated the principle of contractual justice and the provisions of Article 18 of Law Number 8 of 1999 concerning Consumer Protection. Such clauses are declared null and void because they fail to meet the elements of free agreement and lawful cause in contract law. Therefore, there needs to be a reassessment of the practice of standard contracts in the financing sector to ensure fair legal protection for consumers.
Pelaksanaan Restrukturisasi Kredit terhadap Penyelesaian Perjanjian Kredit Perbankan Lubis, Raihanah Erwina; Budhiawan, Adlin
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12318

Abstract

This study discusses the implementation of credit restructuring in the settlement of banking credit agreements in Indonesia. Credit restructuring is a corrective effort undertaken by banks for debtors experiencing difficulties in fulfilling their obligations, as regulated in the Financial Services Authority Regulation (POJK) No.11/POJK.03/2015 and No.40/POJK.03/2019, as well as Bank Indonesia Regulation No.14/15/PBI/2012. The research employs a descriptive analytical method, which involves detailed explanations of the topics under discussion The research was conducted at a state-owned bank in Indonesia, which is kept confidential to protect the institution’s privacy. The legal materials used consist of primary and secondary legal sources; primary materials include statutory regulations arranged hierarchically and legally binding in society. The results indicate that the implementation of restructuring involves multiple stages, ranging from credit monitoring, feasibility analysis, to the formulation of the restructuring agreement as part of efforts to rescue problematic credit. Restructuring may involve interest rate reductions, term extensions, principal or interest arrears reductions, additional credit facilities, or conversion of credit into equity participation. Findings also reveal that open communication, transparency, and good faith between debtor and creditor are key to successful restructuring. Furthermore, the success of restructuring is measured by smooth installment payments after restructuring, while failure may result in collateral auction. This study is expected to provide both conceptual and practical contributions to the development of banking law and enhance public understanding of rights and obligations in credit restructuring.
Same-Sex Marriage Across Cultures: Contrasting Perspectives Between Proponent and Opponent Countries Sidiqah, Meliyani
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12322

Abstract

This study examines the intricate social dynamics surrounding the legalization and rejection of same-sex marriage across various countries, particularly through the interplay of moral and ethical values, social norms, and formal state laws. Methodologically, this study adopts normative juridical research and relies on secondary sources of data, including primary, secondary, and tertiary legal materials. A comparative method is employed to contrast and contextualize diverse legal and socio-political perspectives. The data, collected through extensive library research, are analysed using a qualitative analytical framework. This study identifies two central points of focus. First, the factors that distinguish the perspectives of proponent and opponent countries regarding same-sex marriage. Second, the variables influencing the strengthening or weakening of support for same-sex marriage within different national and cultural contexts. Generally, proponent countries emphasize adherence to universal human rights instruments, including the recognition of same-sex marriage, while opponent countries often rely on contextual interpretations shaped by cultural and religious values. The findings of this study reveal five key factors that account for the differing perspectives on same-sex marriage: the enduring debate between universality versus relativity of human rights, differing ideological orientations, contrasting conceptions of the relationship between state and religion, varied constructions of moral benchmarks upheld by states, and the distinctive national legal frameworks adopted. In addition, five further determinants are identified as shaping the intensity of public and legal support: prevailing societal values (individualistic or communal), judicial decisions, the presence of civil society movements, the influence of public figures, and the broader national objectives pursued.
Analisis Yuridis Penegakan Hukum atas Pelanggaran Izin dalam Undang-Undang No. 32 Tahun 2009 Nazah, Farida Nurun; Renanta, Yunesia Amelia; Ramadan, Aesa Rizki; Arkananta, Rakha Purwa; Anggraini, Naswa Fiolla; Agustina, Winda; Wijaya, Friska Nova; Sahputra, Dedi; Salsabil, Aida Hanan Putri
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12227

Abstract

Environmental licensing violations have become a significant factor accelerating ecosystem degradation in Indonesia. Licensing instruments, which are supposed to function as preventive and controlling tools, are often neglected by both business actors and local governments. This research aims to analyze law enforcement against environmental licensing violations based on Law Number 32 of 2009 concerning Environmental Protection and Management, while also examining its effectiveness, challenges, and potential improvements. This study employs a normative juridical research type with a statutory and case study approach. The data consist of primary, secondary, and tertiary legal materials obtained through literature review and documentation. Data analysis was carried out qualitatively by interpreting applicable legal norms and comparing them with law enforcement practices in the field. Data validity was ensured through source triangulation, combining statutory provisions, legal doctrines, and empirical findings from relevant case studies. The findings reveal that licensing violations generally include neglect of Environmental Impact Assessment (Amdal), environmental permits, and business activities conducted without UKL-UPL documents. Law enforcement measures cover administrative, criminal, and civil instruments, yet their implementation remains ineffective due to weak supervision, the lack of deterrent sanctions, and conflicts of interest among stakeholders. This study concludes that law enforcement on licensing violations has not been optimal and requires strengthening in regulatory frameworks, institutional capacity, and public participation. Strengthening inter-agency coordination, enforcing strict sanctions without discrimination, and encouraging community involvement are deemed essential to enhance compliance and improve environmental governance in Indonesia.
Perlindungan Hak Waris Anak yang Lahir dari Perkawinan Tidak Tercatat Menurut Kompilasi Hukum Islam Adjani, Muhammad Ahnaf; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12366

Abstract

This study examines the protection of inheritance rights of children born from unregistered marriages according to the Compilation of Islamic Law (KHI) using descriptive qualitative methods and a normative legal approach. The purpose of the study is to describe in detail the facts on the ground while analyzing applicable legal norms and their conformity with community practices. Data collection techniques were carried out through a literature study including books, journals, articles, laws and regulations, and relevant documents, which were then critically analyzed to produce a comprehensive understanding. The results show that unregistered marital status has a significant impact on the legal recognition of children as heirs. According to the KHI, children are the primary heirs, but this provision only applies to children born from legal and officially registered marriages. Children born outside of registered marriages generally do not receive inheritance rights from their biological fathers, unless there is legal recognition or a court decision. In practice, the protection of children's inheritance rights is often hampered by patriarchal culture, low legal literacy, and differences between customary law and Islamic law. Daughters, children born out of wedlock, and adopted children tend to be more disadvantaged in inheritance distribution. As a solution, marriage confirmation at the Religious Court is the primary step in legalizing marital status, thereby granting children legal status as heirs. Another alternative is to adhere to Constitutional Court Decision No. 46/PUU-VIII/2010, which allows illegitimate children to inherit from their biological father with proof of a civil relationship. Increasing public legal awareness and facilitating access to marriage registration are key to ensuring fair protection of children's inheritance rights in accordance with Islamic principles of justice and national law.
Penguasaan Tanpa Izin atas Aset Lahan Sitaan Kejaksaan: Studi Yuridis terhadap Celah Penegakan Hukum Pidana Dairi; Rindiani, Anis; Dewi, Virna
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12402

Abstract

Unauthorized possession of land assets seized by the prosecutor’s office constitutes a form of legal violation that has the potential to hinder the enforcement of criminal law. This study aims to analyze the criminal law provisions governing the possession of seized land assets and to identify the obstacles and legal loopholes that arise in its enforcement practices. The research method employed is a normative juridical approach with a focus on the study of positive law. Data collection techniques were carried out through literature study of statutory regulations, legal literature, and relevant court decisions, combined with secondary data in the form of official documents from the prosecutor’s office related to the management of evidence and seized property. Data analysis techniques used normative qualitative analysis, namely by interpreting positive legal norms, linking them with legal doctrines, and comparing their application in judicial practice.The findings of this research indicate that illegal possession of seized assets is regulated in the Indonesian Penal Code (KUHP), Law Number 8 of 1981 concerning the Criminal Procedure Code, as well as the technical regulations of the prosecutor’s office regarding the management of seized property. However, in practice, there are still several challenges, including weak supervision systems, unclear mechanisms for asset safeguarding, and legal loopholes that allow third parties to physically control assets without official procedures. These findings emphasize the need to strengthen technical regulations, improve supervision systems, and enhance coordination among law enforcement agencies to prevent the misuse of seized land assets by the prosecutor’s office.
a Konstruksi Hukum Pidana Dalam Penanggulangan Kejahatan Siber Berbasis Teknologi Deepfake di Indonesia: Kontruksi Hukum Pidana dalam Penanggulangan Kejahatan Siber Al Alif, Supuan Sultan; Rindiani, Anis; Marhayati, Cik
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12406

Abstract

The development of Deepfake technology presents new challenges for Indonesian criminal law, particularly in the field of cybercrime. Deepfake, as an artificial intelligence creation, can realistically manipulate audio and video, making it susceptible to misuse for fraud, non-consensual pornography, defamation, and digital identity theft. This study focuses on the construction of Indonesian criminal law in addressing Deepfake-based cybercrime. The research employs a normative juridical approach combined with a comparative study. The data consist of primary legal materials (the ITE Law, the Criminal Code, the Personal Data Protection Law, and court decisions), secondary legal materials (scholarly journals, books, research reports), and tertiary legal materials (legal dictionaries, encyclopedias). Data were collected through library research and documentation, and analyzed using descriptive-comparative techniques. Data validity was ensured through source triangulation and cross-verification. The findings show that the construction of Indonesian criminal law in handling Deepfake-related crimes still relies on extensive interpretation of the ITE Law (Articles 27, 28, 35) and relevant provisions of the Criminal Code on morality, fraud, and defamation. However, this construction remains inadequate, as there is no explicit provision regulating AI-based content manipulation, leading to legal uncertainty in terms of offense elements, evidentiary standards, and criminal liability. Nevertheless, there is potential for adaptation through analogical interpretation, the broad jurisdiction principle of the ITE Law, and general criminal sanctions. To strengthen this legal construction, it is necessary to establish specific regulations defining Deepfake in legal terms, provide graded sanctions based on impact, ensure victim protection (including the right to be forgotten), and impose preventive obligations on digital platforms.
Peran Kepolisian Resor Binjai Dalam Pelaksanaan Restorative Justice Terhadap Tindak Pidana Penganiayaan Anak Robby Yusuf Syahputra; Rahmayanti; Sahlepi, Muhammad Arif
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12435

Abstract

Indonesia as a country based on law based on Article 1 paragraph (3) of the 1945 Constitution provides special protection for children in conflict with the law. In this context, the Binjai Police Resort (Polres) has a strategic role in implementing Restorative Justice through different mechanisms as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze: (1) the application of Restorative Justice to juvenile criminal offenses at the Binjai Police Resort; (2) obstacles encountered in its implementation; and (3) the role of the Binjai Police Resort in realizing the goal of diversion. The research method used is empirical juridical with a qualitative approach. Data were obtained through document studies, direct observation, and in-depth interviews with the PPA investigation unit, victims, perpetrators, and community leaders. Data analysis was conducted descriptively-qualitatively with an emphasis on the effectiveness of the application of the law in practice. The results of the study show that the success rate of diversion at the Binjai Police is quite high, namely 72.7% in 2023 and 73.3% in 2024, although it decreased to 60% in 2025. Factors inhibiting the implementation of Restorative Justice include decreasing public understanding, resistance from victims, economic limitations of perpetrators, minimal child-friendly facilities, efforts to have certified human resources, monitoring, and suboptimal involvement.
Analisis Siyasah Tanfidziyah Terhadap Implementasi Undang-Undang No 40 Tahun 2007 Tentang Perseroan Terbatas Nisak, Siti Marhumatun; Faizal, Liky; Latua, Abidin
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12254

Abstract

Limited liability companies operate within the fabric of society and, therefore, their presence should ideally generate mutual benefits for both the corporation and the surrounding community. In pursuit of this objective, Article 74(1) of Law No. 40 of 2007 on Limited Liability Companies mandates that companies engaged in sectors related to natural resources are obligated to fulfill their social and environmental responsibilities. However, in practice, the implementation of this law is often limited to a formal compliance effort, lacking substantive action to achieve its intended purpose. Such responsibilities should be carried out earnestly to ensure that the intended social and environmental outcomes are effectively realized and not rendered ineffective or meaningless. The implementation of social responsibility in Law Number 40 of 2007 is a government effort to improve the standard of living of the community with regulations that should be implemented by the limited liability company. With data collection techniques through field research. Islamic law regulates between rights and obligations for the welfare of humanity with the existence of Fiqh siyasah tanfidziyyah, it can ensure that the policies implemented by limited liability companies and the government are truly appropriatein order to achieve the welfare of society.
Pemblokiran Tanah dalam Sengketa Perbuatan Melawan Hukum: Studi Kasus Putusan Nomor 11/Pdt.G/2017/PN. Btg Tyas, Dian Tiara Adhining; Mahfud, Muhammad Afif
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12442

Abstract

Land research in the perspective of Indonesian agrarian law is not only seen as a material object, but also as a gift from God Almighty which must be managed for the greatest prosperity of the people as regulated in Article 33 paragraph (3) of the 1945 Constitution and the 1960 UUPA. However, in practice, land often gives rise to disputes due to administrative weaknesses or conflicts of interest, such as in the case of PT Wersut Seguni Indonesia against the heirs of Denny Charso, where land purchased with company funds was registered in a personal name. This dispute demonstrates the important role of the land blocking mechanism as a preventive legal instrument to prevent the transfer of rights before a legally binding decision is made. The research method used is normative juridical with a descriptive-analytical nature. The approaches used are the statute approach and the conceptual approach. The types of data used include primary legal materials, namely the UUPA, PP No. 24 of 1997, Permen ATR/BPN No. 13 of 2017, and related court decisions; secondary legal materials, in the form of agrarian legal doctrine and literature; and tertiary legal materials, in the form of legal dictionaries and encyclopedias. Data collection techniques were carried out through library studies and document analysis, with the analysis carried out qualitatively normatively to interpret legal rules and practices in resolving land disputes. Article 7 paragraph (1) of the Minister of ATR/BPN Regulation No. 13 of 2017 only regulates blocking in criminal cases, whereas field practice shows that blocking is also necessary in civil disputes, such as lawsuits for Unlawful Acts (PMH) and breach of contract. This limitation creates legal uncertainty for the injured party. Therefore, there needs to be a revision of the regulations so that blocking can be applied consistently in all types of cases, so that the law is not only present as a rigid norm, but also as a means of humanistic protection, protecting the rights of the community, maintaining a sense of justice, and preventing further losses.

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