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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 555 Documents
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MODEL PENGAWASAN DAN TATA HUBUNGAN KEWENANGAN DALAM UPAYA PENCEGAHAN TINDAK PIDANA KORUPSI DANA DESA Sherlock Halmes Lekipiouw; Hendrik Salmon; Natanel Lainsamputty
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.4405

Abstract

This research was conducted to review and analyze the technical aspects of the law, especially in the approach of constitutional law and administrative law related to governance and accountability and responsibility in managing village funds and how efforts are made in the framework of prevention, especially the supervision aspect of minimizing the existence of village funds. Misuse and corruption in the use of village funds by village officials. This study uses a socio-legal method (doctrinal analysis of the law) using 3 (three) approaches, namely first, the conditional approach, which refers to the village fund management policy strategy, mainly related to the high cases of corruption in village funds; (2) statute approach, which refers to the system to legislation relating to the management of village funds; and (3) legal policy, which relates to government policies in terms of monitoring and preventing corruption in the direction of village funds. All stages in this research are carried out using a community service research scheme that has been determined by the research institution to be carried out by the Research Team in the field of constitutional law studies and administrative law. The focus of the research will be directed at structuring the relationship of authority between law enforcement agencies and the government, in this case, the Government Internal Supervisory Apparatus (APIP), in conducting supervision and law enforcement on the management of village funds. This is intended to obtain a model and policy framework for managing village funds free from criminal acts of corruption to realize the principles of transparency and accountability by the applicable laws and regulations.
PENERAPAN PASAL 28 AYAT (2) UNDANG-UNDANG NOMOR 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK DALAM MENANGGULANGI DELIK UJARAN KEBENCIAN DI INTERNET Windisen Windisen; Ade Adhari
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.4292

Abstract

Hate speech is an act that is prohibited by law, with the development of technology, information and communication, hate speech is also found on the internet. Regulations regarding hate speech offenses on the internet in Indonesia are formulated in Article 28 paragraph (2) of Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016 concerning Electronic Information and Transactions (UU ITE). However, in its application, Article 28 paragraph (2) of the ITE Law is considered problematic and does not provide legal certainty. Therefore, the problem formulated, namely "How from Article 28 paragraph (2) of the ITE Law in Overcoming Hate Speech Offenses on the Internet". The method used is empirical juridical which is a type of sociological legal research and can be mentioned by field research, which examines the applicable legal provisions and what has occurred in people's lives. The results of this study are the application of Article 28 paragraph (2) of the ITE Law referring to the SKB of the ITE Law which this article is intended for the act of spreading information that causes hatred based on SARA, but does not include a submission of opinions that contains criticism or disagrees, if the perpetrator found guilty will be subject to criminal sanctions in the form of imprisonment and fines.
EFEKTIVITAS PERAN UU ITE DALAM RANGKA MELINDUNGI SERTA MENJAGA SELURUH AKTIVITAS SIBER YANG ADA DI INDONESIA Pan Dhadha, Tegar; Rahayu, Laras Atika; Resmi, Dewi Sito; Kusumastuti, Dora
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.3541

Abstract

The issuance of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) made Indonesian law enter a new phase. The existence of the ITE Law is intended to answer all legal issues that are often faced in the cyber world related to the delivery of information, communication, and / or transactions electronically. This law is also expected to be able to regulate all matters in the cyber world. As a pioneer of cyber law in Indonesia, the ITE Law still has various shortcomings in its implementation. So that effectiveness in protecting cyber activities in Indonesia has not been achieved. However, to achieve the objectives of the ITE Law to be effective and efficient, there needs to be cooperation between the community and the government. This synergy will eventually be able to realize the complete principle of checks and balances. After all, the implementation of the law in the empirical aspect must be guarded so that the spirit of the law itself can be preserved.
POTRET PEREMPUAN DALAM TRADISI PEMINANGAN NEMU ANAK (Studi Kasus Di Kecamatan Margomulyo Kabupaten Bojonegoro) Syahid Ahmad Faishol; Mufidah C. H.; Suwandi Suwandi
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.4878

Abstract

This research describes women in the tradition of proposing to find a child in the Mergomulyo community. This tradition is believed to be able to perpetuate domestic relations. On the one hand, this tradition is considered to be detrimental to women because of the anomaly of norms in its implementation. The research focus is on the position of women in the tradition of finding children from a feminist perspective. And the existence of women in the tradition of finding children from the perspective of Peter Burger's social construction. this type of empirical research using descriptive qualitative approach, data obtained by observation and semi-structured interviews with perpetrators of finding children. The results of this study show that the position of women's sexuality is entangled in established patriarchal cultural values. Male dominance is very thick. Women are sexually marginalized and do not have a role and decision in enjoying their reproductive rights because of the hegemony of men in the name of tradition. This phenomenon tarsus is maintained because it has been massively constructed. Marked by the moment of externalizing oneself with the socio-cultural world, it is marked by an adjustment to the values in the tradition which are conditions for patriarchal culture. moment of objectivation, institutionalization and habitualization in this traditional process played by male agents. Moment of Internalization, which is self-identification in the sociocultural world, women assess the social reality of the tradition to be a subjective and true reality. This shows that women's actions, roles and abilities in making objective decisions have blurred over the dominance of patriarchal cultural values.
IMPLIKASI HUKUM TERHADAP PERKAWINAN ANAK DI BAWAH UMUR Halda Septiana Purwinarto; Bima Romadiansyah
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.5037

Abstract

This research aims to find out the age limit for the marriage of minors and the legal implications of child marriage. The method used is a normative legal research method, namely researching or studying existing legal norms related to marriage. In contrast, the scope of this research includes the marriage of minors. In the discussion in this study related to the age limit, many occur in Indonesia. Customary areas in Indonesia often carry out child marriages. The following talk discusses the legal implications of carrying out underage marriages. Mental readiness factors, education, social and economic factors influence children who marry underage. Because their mental readiness is not sufficient, they will have problems in the future that will have legal implications or implications for them. The legal consequences of marriage for minors impact the married couple themselves. The level of children's education has decreased, the economic level is low, the level of mental readiness and legal skills that have been carried for children who have married so that they cannot account for themselves as legal subjects. They have not been able to account for their actions before the law if a problem occurs because their mental readiness is insufficient to carry out a marriage.
ANALISIS YURIDIS TERHADAP PENERAPAN PRINSIP INDEMNITY DAN INSURABLE INTEREST PADA ASURANSI KEBAKARAN DI PT. ASURANSI TOKIO MARINE Zulkifli, Suhaila; Stefanie, Stefanie; Philip, Margareth Christiana; Purba, Josua Hasiholan
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.5040

Abstract

Fire Insurance protects against the danger of property loss or damage. Parties with an interest in the insured object accept the risk of loss. Indemnity (or the principle of loss) plays a role in ensuring equitable compensation. Subrogation will apply against the insured to ensure that the insurance policy runs properly and without loss between the insurer and the insured. The goal of this study is to discuss and explain the Indemnity Principles and Insurable Interest in relation with Fire Insurance. The descriptive qualitative method was employed in the research. Primary and secondary sources of data were gathered. Data analysis techniques included data collection, data reduction, data presentation, and data verification. The study's findings show that PT. Tokio Marine merely recovers the insured's financial condition to its pre-incident state. PT. Tokio Marine will not face risk adjustments as a result of an occurrence because the company only accepts risks that are uncertain and occur suddenly. Subrogation does not occur when the insurer pays the insured a balanced loss (indemnity principle). However, if the insurance covers only a portion of the loss, the subrogation principle applies.
THE INFLUENCE OF MASS MEDIA REPORTING ON THE RESCUE AND FORMULATION OF ENVIRONMENTAL LAWS IN KEDIRI Zainal Arifin; Emi Puasa Handayani
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.5088

Abstract

News coverage by the mass media is very influential on the way of thinking and behaving society in saving the environment from damage. Examples are pollution, abuse of natural resources and environmental protection. Media coverage also influences policy makers in formulating environmental law policies. Aspects of communication and policy aspects have interrelationships that affect each other. In the empirical level the relationship is reflected in the public perception when responding to environmental problems. The mass media as a social institution has contributed to the worldview and thinking of the community and policy makers. This study focuses on the interrelation or relationship between press coverage with rescue and environmental law formulation policy. The purpose of research to determine the influence of mass media coverage on rescue and environmental management policy. This type of research is qualitative research with mass media content analysis method combined with in-depth interview technique to source and stake holder applied in this research. Data processing is done by manual coding technique, coding sheet and interview guide. The analysis is done by qualitative and quantitative descriptive approach presented in the form of frequency table and bar diagram. Interview results are used to sharpen the analysis. The result, that the continuous and continuous mass media coverage and deep, was able to stop environmental destruction, especially illegal sand mining in the Brantas River Basin of Kediri. Second, the government in taking environmental law policy is influenced by mass media coverage. The conclusion of this research is that the mass media influence the cessation of illegal sand mining activity in Brantas River Basin of Kediri. Both media coverage influenced policy makers to formulate legal policy in Kediri.
PROBLEMATIKA PASAL 174 AYAT (2) KOMPILASI HUKUM ISLAM: TINJAUAN TERHADAP DASAR-DASAR HUKUM YANG MENDUKUNGNYA Hasan, Abi
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 1 (2022): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.4465

Abstract

This discussion describes the problem of inheritance of girls who spend all of their parents' inheritance, this problem arises when the Qur'anic verse clearly states that the share of inheritance for girls if they are not accompanied by boys will only get half if they are alone, while if two or more get two-thirds. of the total inheritance. The Compilation of Islamic Law (KHI), which is the main reference for the Indonesian Religious Courts in resolving inheritance problems for Indonesian Muslims, requires daughters to spend the entire inheritance, after the share of the father, mother, husband or wife. This is generally illustrated in Article 174 paragraph (2) of the KHI, so that the existence of this article seems to be very contrary to the qath'i argument that states the inheritance share of girls. The purpose of this paper is to describe the existence of Article 174 paragraph (2) of the KHI in resolving the inheritance problems of girls in Indonesia, precisely in the Religious Courts, as well as the legal arguments that support it which are certainly in the Islamic legal order. Based on the discussions that have been carried out, it was found that the application of Article 174 paragraph (2) as intended has often occurred in the Indonesian Religious Courts, this started from the Supreme Court Decision No. 86 K/AG/1994 and No.184 K/AG/1995 which are the forerunners of every existing decision. Then the supporting arguments are also very numerous, starting from the opinion of Ibn Abbas ra, the opinion of the Shia School, the opinion of an Islamic scholar, namely Muhammad Syahrur and also Hazairin who is an expert on Islamic inheritance in Indonesia.
URGENSI PERJANJIAN PRANIKAH SEBAGAI KESEPAKATAN AWAL PERKAWINAN Andrean Syah; Ilham Tholatif
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i1.5017

Abstract

The pre-marriage agreement is an agreement made before marriage by a husband and wife, the pre-marriage agreement is considered taboo in society because the agreement should be made during the marriage contract and not many people understand about the pre-marriage agreement, the pre-marriage agreement actually regulates the separation of assets and objects of the prospective husband and wife so that they understand their respective rights and obligations. By law, this marriage agreement is regulated in three laws, namely stipulated in the KUHPER, the Marriage Law, and the Compilation of Islamic Law. The three of them see that the marriage agreement is a form of benefit for the prospective bride and groom so that later it will provide a sense of security and peace because the agreement is binding between the two prospective husband and wife.
PERLINDUNGAN HUKUM BAGI ANAK DIBAWAH UMUR YANG DIJADIKAN PEKERJA SEKS KOMERSIAL DI KOTA BATAM Jack Taosen; Eko Nurisman
Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v6i2.5125

Abstract

Children are a form of gift given by God to parents. A child is every individual who is under the age of 18 years and is not yet proficient in law. So in this case, of course, both parents are the most important figures in the process of growing and developing children. The changing times that are increasingly developing are certainly a form of lifestyle changes that can trigger the emergence of new social problems. The problems that have emerged lately are economic problems that make it difficult for everyone to meet the necessities of life, so that some parents have the heart to commit disgraceful actions by making their children as commercial sex workers, this is also felt by some people, especially Batam City. The purpose of this research is to find out the government's legal protection policy in protecting minors who are used as commercial sex workers, as well as what are the main factors or causes of minors being made commercial sex workers. In solving this problem the research method used is a juridical-empirical research method, namely by using a primary and secondary data approach. Based on the results of policy research conducted by the government in protecting minors in Batam City, it is regulated in Regional Regulation Number 5 of 2013 concerning Prevention and Handling of Victims of Trafficking in Persons. Where in this case the legal protection efforts carried out by the Batam City government consist of 3 stages of efforts in the form of pre-emptive efforts, preventive efforts, and repressive efforts. Then it refers to Article 88 of Law Number 35 of 2014 concerning Child Protection, Article 2 of Law Number 21 of 2007 concerning the Crime of Trafficking in Persons (PTPPO). Factors that influence children to become commercial sex workers include: Family, economy, environment and so on.

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