Legal Standing : Jurnal Ilmu Hukum
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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<![CDATA[PENGALIHAN ADMINISTRASI REKENING EFEK DALAM RANGKA PENGEMBALIAN IZIN USAHA ‘PERUSAHAAN EFEK’ ]]>
<![CDATA[Budi Karisma]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5414
<![CDATA[This study aims to examine the legal protection provided to Securities Company customers, especially when transferring customer assets deposited by Securities Companies whose business licenses are revoked and to explain the process of claiming customer assets. This legal research is descriptive qualitative, using normative juridical research methods. Securities companies conducting their business activities based on a business license issued by the Financial Services Authority (OJK) may have their business license revoked by the OJK. The revocation of the business license will be accompanied by the closing of the Securities Account of the Securities Company. Securities Company customers who deposit their Securities with a Securities Company need to transfer their deposited Securities to another Securities Company. For customers who cannot be contacted, assets that have not been transferred by Securities Company customers will be transferred to the custodian of the Depository and Settlement Institution based on instructions from OJK. Until now, there is no regulation regarding the process of claiming customer assets whose Securities are deposited in the custodian of the Depository and Settlement Institution.]]>
<![CDATA[FUNGSI BAGIAN HUKUM SEKRETARIAT DAERAH DALAM PENYUSUNAN PRODUK HUKUM KABUPATEN PONOROGO ]]>
<![CDATA[Ferry Irawan Febriansyah]]>;
<![CDATA[Sudi Rahayu]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5425
<![CDATA[Preparation of regional regulations is the main task in the legal department. Where there are 3 sub-coordinators in the legal department, namely the sub-coordinator of legislation, sub-coordinator of legal aid and sub-coordinator of documentation and information. Here the author will focus more on the sub-coordinator of legislation because it relates to the preparation of existing legal products in Ponorogo Regency. In this study, the author uses an empirical juridical research method, namely using an approach by paying attention to how a law that exists in the Act is implemented directly in the community. The author compares the preparation of a regional law that has been implemented by the legal department with existing laws and regulations. The author in his research uses the type of field research (field research) where researchers directly come to the Legal Section of the Ponorogo Regency Regional Secretariat for the process of collecting data and interviews. With the completion of this research, it is expected to provide an overview to the public how the process of drafting legal products in Ponorogo Regency, provide additional references to the preparation of regional legal products and provide additional evaluation materials to improve the performance and role of the Legal Department on quality indicators of regional legal products, especially in Ponorogo Regency.]]>
<![CDATA[PERAN OMBUDSMAN TERHADAP PERLINDUNGAN KONSUMEN TERKAIT LONJAKAN TAGIHAN AIR PT. PDAM KOTA MEDAN ]]>
<![CDATA[Elvira Fitriyani Pakpahan]]>;
<![CDATA[Henny Yulieta Sinurat]]>;
<![CDATA[Nurhasanah Fauziah Tanjung]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5379
<![CDATA[The number of cases of law violations committed by producers who ignore the rights of consumers for their own benefit, Consumer Protection is one of the legal developments in Indonesia. However, because customers have limited legal knowledge, business actors always make customers prey. Especially in the event of a surge in clean water bills carried out by the clean water supply agency PT. PDAM in Medan City which just happened in 2021. The surge in water bills was due to a system shift that occurred because PDAM officers did not record meter readings correctly. The purpose of this study is to identify and understand consumer protection in this event and the role of the Ombudsman as a public service institution in Indonesia. The method used is an empirical juridical approach, namely conducting interviews and distributing google form questionnaires. The Consumer Protection Act does not regulate water payment provisions but has guaranteed the position of power and obligation between the two parties. The community as consumers/customers of PDAM is a party that can be protected by the Ombudsman in terms of the treatment of the public administration unit, namely PDAM, for services that are detrimental to the customer community. The role of the Ombudsman is that the implementation of public services fulfills its obligations so that consumer rights are fulfilled.]]>
<![CDATA[PRINSIP TANGGUNG JAWAB TERBATAS DAN KEDUDUKAN PEMEGANG SAHAM SEBAGAI PENANGGUNG PAJAK ]]>
<![CDATA[Alta Mahandara]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5443
<![CDATA[In Limited Liability Company, as regulated in Article 3 Paragraph (1) of Limited Liability Company Law, there is limited liability principle for the Shareholder, whereas the Shareholder shall not be liable for the engagement and loss which bind/suffered by the company which exceeding what has been subscribed as shares. However, such limited liability principle is not adhered in taxation perspective, whereby by the issuance of the Ministry of Finance Regulation Number 189/PMK.03/2020 Tahun 2020, wherein the Shareholder of a Limited Liability Company is categorized as Tax Guarantor, which mean shall also be liable for the taxation obligation of such Limited Liability Company, including the Shareholder’s personal assets. Such obligation is direct obligation without preliminary basis which resulted in piercing the corporate veil action. Therefore, the author desire to analyse the contradiction between the categorization of Shareholder as Tax Guarantor as regulated in the Ministry of Finance Regulation Number 189/PMK.03/2020 Tahun 2020 with the limited liability principle as regulated in the Limited Liability Law. The research that is conducted to answer such question is a juridic-normative research, which is focussing on the implementation of the rules and norms in positive law. The author then found out that the categorization of Shareholders as Tax Guarantor shall re-assessed, because its contradict the limited liability principle of the Shareholder as regulated in the Limited Liability Company Law.]]>
<![CDATA[PERJANJIAN JUAL BELI MELALUI MEDIA ELEKTRONIK (E-COMMERCE) BERDASARKAN KUH PERDATA DAN UU NOMOR 19 TAHUN 2016 (AKUN BUKALAPAK ‘WARUNG MAK KUNAPAH’) ]]>
<![CDATA[Khamdanah Khamdanah]]>;
<![CDATA[Arikha Saputra]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5502
<![CDATA[PT. Bukalapak is a company that provides web portal services. Bukalapak provides a platform for online commerce called e-commerce. Warung Mak Kunapah is one of the sellers on the Bukalapak, the seller sells a variety of basic household items including rice, sugar, coffee and so on. If the buyer will make a purchase of goods sold by Warung Mak Kunapah, then the buyer is required to agree to the stages of the purchase on the purchase menu on the Bukalapak website. So that there is a sale and purchase transaction that can be referred to as a sale and purchase agreement with online media or using electronic media. Online buying and selling activities need to be known whether the agreement is legal according to the law. The goal is to find out that online buying and selling activities are legal according to the Civil Code and the ITE Law. And there is legal protection between the parties. In this research, the method used is normative juridical and analytical descriptive. Data collection with secondary data obtained from the literature. Data analysis was carried out using a qualitative descriptive method. The conclusion drawn is that the sale and purchase agreement using electronic media is in accordance with the Civil Code and the ITE Law, and there is legal protection for the parties in the electronic sale and purchase agreement at the Bukalapak E-commerce Company.]]>
<![CDATA[KAJIAN YURIDIS DEMOSI KARYAWAN TINGKAT MANAJERIAL YANG MEMPUNYAI HUBUNGAN KERJA BERDASARKAN PERJANJIAN KERJA WAKTU TERTENTU (PKWT) (Studi Putusan PHI NO. 146/Pdt.SUS-PHI/2016/PN.JktPst Jo Putusan Mahkamah Agung NO. 257 K/Pdt.SUS-PHI/2017) ]]>
<![CDATA[Rudi Fahrudi]]>;
<![CDATA[Markoni Markoni]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5591
<![CDATA[Human resources are an important element in the company's operations to achieve company goals. The relationship between the company and employees is established in an employment relationship, which is carried out after an employment agreement is established. In the working relationship there is a performance appraisal which is followed up with work placements in the form of promotions, transfers and demotions. This study uses a legal research method with a juridical-normative study pattern, while the problem approach is based on a statutory approach and a case study approach that has a focus based on systematic law. The research study found that Judex Facti's legal considerations that took refuge in paragraph (1) Article 1338 of the Civil Code had "dwarfed" and "castrated" the principle of freedom of contract which was noble, inconsistent and contrary to the juridical basis of Article 32, Article 55, paragraph (1) Article 61 UU no. 13/2003 concerning Manpower, and has ignored the company's actions that do not allow employees to attend attendance so that Judex Facti's legal considerations have been wrong in applying Article 168 of Law no. 13/2003 concerning Manpower.]]>
<![CDATA[TANGGUNG JAWAB PEJABAT PEMBUAT AKTA TANAH (PPAT) TERHADAP PIHAK YANG MEMBERIKAN KETERANGAN PALSU ]]>
<![CDATA[Annisa Nur Azizah]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i1.6044
<![CDATA[In carrying out their position, Land Titles Registrar is responsible for making authentic deed. The research method was normative research method, which is collecting legal materials using literature study and drawing conclusion based on the legal materials. The present study found that the role of Land Titles Registrar in carrying their position in making deed which isn’t based on the making of deed or the procedure of making deed, causes the deed with perfect power to be legally defective. Therefore, in carrying out their position, Land Titles Registrar must be responsible for the legal defect of a deed. For this reason, the responsibilities of Land Titles Registrar could be administrative, civil, and criminal responsibilities. If the procedure of making a deed isn’t met, Land Titles Registrar could be asked for compensation by the Buyer. Furthermore, the party or appearer who isn’t based on pre-contract good faith, in this case the agreed agreement, could be cancelled for not fully meeting the subjective principle of the agreement.]]>
<![CDATA[PENERAPAN PUTUSAN SELA DI PENGADILAN HUBUNGAN INDUSTRIAL DALAM PERKARA PEMUTUSAN HUBUNGAN KERJA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 11 TAHUN 2020 ]]>
<![CDATA[Chamdani Chamdani]]>;
<![CDATA[Budi Endarto]]>;
<![CDATA[Sekaring Ayumeida Kusnadi]]>;
<![CDATA[Nobella Indradjaja]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5516
<![CDATA[Almost all of the employers who terminate the employment relationship of their workers terminate their rights and obligations as employers to the workers concerned because they are no longer responsible or have ended their employment relationship with the work so that their rights and obligations are also cut off, including the decision on termination of employment determined by the entrepreneur. The purpose of this study is to analyze and determine the form of obligations of workers and employers that must be carried out during disputes over the termination of employment and to analyze the application of decisions between cases of termination of work after the enactment of Law no. 11 of 2020 concerning Job Creation. This research is a normative legal research or document or literature study carried out or aimed only at Article 96 of Law No. 2 of 2004 concerning Industrial Relations Disputes and Chapter IV Manpower Article 81 of Law No. 11 of 2020 concerning Job Creation. The interlocutory decision, as referred to in Article 96 paragraph (1) of Law No. 2 of 2004 concerning Settlement of Industrial Relations Disputes, is an interlocutory decision with the type of Interlocutor decision. Still, in its application, it is often referred to as a provisional decision and the wages granted in the interlocutory decision are called the regulated suspension wages. In the provisions of article 81, number 46 of Law no. 11 of 2020 concerning Job Creation, namely Article 157A paragraph (2) of Law no. 13 of 2003 concerning Manpower.]]>
<![CDATA[ALTERNATIF UPAYA PENCEGAHAN KEJAHATAN MAFIA TANAH DALAM PERSPEKTIF HUKUM ADMINISTRASI PERTANAHAN ]]>
<![CDATA[Vani Wirawan]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i1.6195
<![CDATA[The existence of the land mafia has resulted in delays in the development of investment and economic growth because the crimes committed cover various land cases, so it is necessary to start prevention in the area of land administration. This study aims to develop efforts to prevent land mafia in the area of land administration. This research is descriptive analytical with a socio-legal approach. The results of this study obtained alternative efforts to prevent the land mafia, namely the idea of changing land registration from a negative publication system to a positive publication system. However, if the publication system is positive that there is an error in the registration procedure, resulting in losses for parties who may be more entitled, the state guarantees a compensation fund in the form of payment of compensation to the claimant whose rights are proven correct with the concepts of indefeasible and indemnity.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PENUMPANG JASA ANGKUTAN ORANG DENGAN KENDARAAN BERMOTOR UMUM DALAM TRAYEK ]]>
<![CDATA[Hana Nur Falinda]]>;
<![CDATA[Arikha Saputra]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 6, No 2 (2022): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v6i2.5624
<![CDATA[The purpose of this research is to get a complete and clear picture of the problems that exist in society. The problem raised is how the legal protection of what factors affect Article 143 and its legal remedies. The writing method that underlies this research is a normative juridical research method with analytical descriptive nature. Legal protection for passengers from transportation as contained in Article 192 paragraph (1) of Law No. 22 of 2009 concerning Road Traffic and Transportation (UULLAJ), that public transportation companies are responsible for losses suffered by passengers who die or are injured as a result of transportation operations. , unless caused by an unavoidable or unavoidable event or by mistake. The form of responsibility can be in the form of compensation in the form of providing assistance or care and accident compensation. Some of the factors that cause traffic violations in Semarang Regency, namely the human factor, this is the lack of public understanding in maintaining traffic safety by following the rules in (UULLAJ) such as not wearing a standard helmet, not carrying a driving license (SIM) and STNK and not on the right route. Various ways of overcoming efforts have been carried out by the Semarang Regency Government and the police by using preemptive (educational), preventive (preventive) and repressive (law enforcement) methods. Meanwhile, from the Semarang Regency Transportation Agency, which acts as the Regency government. Semarang, which has attempted to take action against traffic violations such as carrying out roadworthy controls for motorized vehicles whose targets are goods vehicles, public transport vehicles and controlling the administrative requirements of public transport agreements.]]>
