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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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PRINSIP PERLINDUNGAN HUKUM TERHADAP DEBITUR YANG TELAH LUNAS KREDIT Yasinta Vitra Rahma Dewi
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.5488

Abstract

There is a very big need for an entity, namely a house, a bank and a developer or often called a developer working together to provide houses for the community. In order to accelerate this goal, the Bank often gives concessions to developers, namely they can cooperate even though the legality of the project has not been completed. In the end, it is consumers or debtors who become victims when they have paid off their credit. The legal research used is juridical normative. The results of the analysis show that in general, protection for customers at the bank can be done through implicit protection or explicit protection. The author concludes that the developer's responsibilities have not been specifically regulated in the UUPK or the Housing Law, because the UUPK only regulates the responsibilities of business actors briefly and not very clearly. Meanwhile, the Housing Law does not regulate developers at all, so developers are free from responsibility. Even though there is a responsibility arrangement in UUPK, the developer has not implemented it properly. The developer is obliged to immediately complete the responsibility for the legality of housing that has been credited to the debtor by submitting it to the Bank, so that the bank can legally provide it to the debtor who has paid off the credit, in accordance with the legal protection provided by the government, which has been established in Law Number 8 of 1999 concerning Consumer Protection (UUPK) Article 1.
PERLINDUNGAN HUKUM INTERNET SERVICE PROVIDER TERHADAP PENYALAHGUNAAN BANDWIDTH PADA PRODUK HOME IDPLAY Retno Apriyani Tijas; Arikha Saputra
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.5605

Abstract

Many Indonesian people use internet services, one of which is by registering for installation at home from the company PT. Trans Indonesia Supercorridor, this company is a solution to access broadband internet connection. One of the products from PT. Trans Indonesia Supercorridor is a product of Idplay. Some consumers intentionally default on PT. Trans Indonesia Supercorridor by reason of wanting to seek more profit with not much capital, such as reselling the internet it uses to other people, where in the agreement consumers are prohibited from reselling it to other people. The research method used is normative legal research. Based on the specifications of this paper which uses an in concerto research method, the data analysis used is a qualitative approach to secondary data, which means that it includes the content and structure of positive law. Protection carried out by PT. Trans Indonesia Supercorridor (TIS). namely preventive protection such as by reprimanding Mr. X, then PT.TIS also performs repressive protection, namely by terminating Mr. X's internet cable network. The form of sanctions given by PT.TIS to consumers is to ask for compensation by make payments due to bandwidth abuse, but if consumers cannot make compensation in the form of payments according to the amount of losses suffered by PT. TIS then the action taken by PT.TIS is to withdraw the device (ONU) to the consumer.
HUKUM ANJURAN TERTULIS MEDIATOR DALAM PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL (pasca Putusan Mahkamah Konstitusi No. 68/PUU-XIII/2015) Aprilina Rahmah Yusticia
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.5570

Abstract

This study aims to analyze how the legal force of written recommendations on settling industrial relations disputes was issued by mediators after the Constitutional Court Decision Number: 68/PUU-XIII/2015. The type of research used in this research is normative research or doctrinal research. And the approach used to answer the problem is the Legislative Approach (Statute Approach). This research is motivated by the application of Judicial Review by several workers to the Constitutional Court on the word 'recommendation' in Article 13 paragraph (2) letter a and Article 23 paragraph (2) letter an of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes. The results of this study indicate that the settlement of industrial relations disputes through mediation is mandatory, starting from the decision of Constitutional Court Number: 68/PUU-XIII/2015. Written recommendations are seen as part of industrial relations dispute settlement minutes. The Petitioner's application for the word "as a form of settlement agreement through mediation or conciliation" was changed by the Court to "in the form of minutes of settlement through mediation or conciliation".
ANALISIS TERHADAP PELANGGARAN KODE ETIK NOTARIS DALAM PEMBUATAN AKTA JUAL BELI Dalilah Agustiani H. Sugandi; Aju Putrijanti
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.6073

Abstract

This study examines the analysis carried out on the study of a notary who violates the code of ethics against the sale and purchases deed he made. The research method used is a normative juridical study, namely a study based on legal sources such as legislation, and expert opinions to studies related to the title chosen by the researcher. The result of this research is that he is known as a public official, a notary who makes an authentic deed, one of which is a deed of sale and purchase. In Indonesia itself, several violations of the code of ethics have been committed by notaries based on literature studies conducted by researchers including denial of the contents of the deed of sale and purchase, the notary who did not read the contents of the deed to all parties and the use of false identities. These violations will have an impact on the authenticity of the deed of sale and purchase made by a notary so several consequences must be accepted and faced. what is meant in this case can be in the form of actions taken, notary accountability for actions, and the injured party to sanctions that must be accepted, both administrative, civil and criminal sanctions on the type of error committed. Seeing this phenomenon, a Notary must uphold the Notary's code of ethics in carrying out his profession so as not to abuse his authority based on the principle of prudence at work.
PERBUATAN SEKSUAL ATAS DASAR SUKA SAMA SUKA DI LUAR PERKAWINAN (Kajian Perspektif Hukum Pidana dan Hukum Islam) Arya Candra Abhitama; Kuswardani Kuswardani
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.6293

Abstract

Violence in English is called violence, which is a diction which includes the phrase vis so that it has a definition of power and power, then latus which has the definition of bringing. The problem to be studied in this paper is how to regulate consensual sexual acts outside of marriage according to criminal law and Islamic law. With this writing, it aims to find out how the law regulates consensual sexual acts. Sexual acts which are carried out voluntarily can be punishable by crime when carried out with a husband or wife who has intercourse with the opposite sex who is not a married partner or with someone where it is known or suspected that the person is not yet an adult. Protection of victims of acts of consensual acts against minors who are not in marriage can be prosecuted under Article 293 paragraph (1) of the Criminal Code (KUHP) where a minor is based on Article 330 of the Civil Code, namely a person who has not reaching the age of 21 have never been married. In Islam there is a desire for normal and free sexual relations with marriage ties with the intention of worshiping Allah. Islam views sexual relations with no sacred ties or marriage as something that is said to be vile. 
STANDAR PELAYANAN KENYAMANAN ANGKUTAN UMUM: ANALISIS PASAL 141 AYAT (1) HURUF C UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Afifah Endah Rahayu; Zainal Arifin; Wachid Hasyim
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.5749

Abstract

Land transportation operating in Indonesia must meet the technical and road-worthy requirements according to Law Number 22 of 2009 concerning Road Traffic and Transportation. Means of transportation/vehicles, before operating must meet the standards of whether the vehicle is suitable for use when driving on the road and provide a sense of security and comfort. In fact, there are still several cases of vehicles operating on the road that have not fully provided passengers with a sense of security and comfort while traveling, because they do not comply with regulations. The purpose of this study is to analyze the Application of Law Number 22 of 2009 concerning Road Traffic and Transportation in the Tulungagung Regency Area, Case Studies at Gayatri Terminal Type A. This type of research uses field research (Field Research) using an applied legal approach (normative empirical). . Sources of research data are primary and secondary data. Methods of data collection using documents, literature studies, information from informants. Analysis of research data using qualitative normative analysis. The Tulungagung Regency Transportation Service has implemented the existing provisions properly. As for the obstacles in its implementation, it was found that convenience support facilities could not be realized, namely the absence of seat numbers or seat numbers on some public transportation.
KAJIAN HUKUM KESEPAKATAN PARA PIHAK DALAM MENCAPAI PENETAPAN PUTUSAN VERSTEK PERKARA PERCERAIAN (Riset Studi Kantor Hukum Arif Sasongko SH & Partners) Irwan Irwan; Ichwan Setiawan
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.5146

Abstract

In divorce cases in court, the defendants and plaintiffs cannot always attend court proceedings in accordance with legal determinations. Absence on the appointed day can cause the divorce to be decided by way of verstek by the judge. This research intends to identify and explain how agreements outside the court are formed before a petition or application is submitted from one of the parties (the plaintiff or the plaintiff) to obtain a collective agreement to reach a verstek decision in divorce matters. The research method used is empirical law research with a qualitative research type. The result of the discussion is that a mutual agreement before the divorce trial is needed to facilitate the implementation of the divorce trial. With the existence of a mutual agreement, the divorce trial can be carried out in the absence of the applicant and the respondent which is finally decided by way of verstek by the court judge. It is hoped that all parties related to the enforcement of divorce issues should fight for peace before the implementation of the divorce trial so that they can reduce divorce cases which are increasing day by day.
KAJIAN TERHADAP VALIDASI BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN SEBAGAI SYARAT PERALIHAN HAK ATAS TANAH DI KABUPATEN SUKOHARJO Andria Luhur Prakoso; Muhammad Annam Arroffi Tixatmojo
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.6655

Abstract

Tax is the biggest income for the state treasury. One of the largest tax objects whose largest income is BPHTB. The acquisition fee for land and building rights is a tax that is imposed on the transfer of land and building rights, hereinafter referred to as tax. The Land and Building Title Transfer Fee is a tax whose authority and management is owned by the Central Government, but with the implementation of regional autonomy, the authority of BPHTB is assigned to the Regional Government. This study will examine the process of BPHTB in Sukoharjo Regency, especially the validation which is one of the processes of BPHTB. The problem formulations in this journal are: 1. The urgency of BPHTB validation in the transfer of land rights; and 2. The barriers to BPHTB validation. The aims of this study are to find out the validation process of BPHTB in the transfer of land rights, to ascertain how important is BPHTB validation in the transfer of land rights, and to identify the obstacles in the BPHTB validation process. The research method used is legal research with a normative type of research using a legal approach and a conceptual approach. The finding of this study is that the BPHTB validation process is an important process because it acts as a precaution for checking after the tax payment process, this is due to the requirement that the tax payment procedure be correctly completed in compliance with applicable regulations. There are still challenges in this tax validation to be solved.
TINJAUAN TEORI HUKUM EKONOMI PADA PERJANJIAN SEWA BARANG MILIK NEGARA (Studi Kasus Kantor Unit Penyelenggara Pelabuhan Kelas III Kuala Samboja Direktorat Jenderal Perhubungan Laut dengan PT. Tanjung Berlian Samboja) Febrina Indrasari
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.6691

Abstract

The purpose of this study is to determine the lease agreement of State Property (BMN) in terms of economic law theory. The research method uses a Doctrinal approach which is normative in character with research targets from a set of norms, at the application level, or research depth. Current infrastructure development requires efficiency, effectiveness of state spending and increased state revenue. In practice, Non-Tax State Revenue (PNBP) as state revenue has not been implemented optimally by the Ministry of State / Department. One of them is PNBP derived from the management of State assets, namely State Property (BMN). Alternative utilization of BMN by leasing BMN implemented by Ministries / Institutions in the scope of East Kalimantan, namely the utilization of BMN located at the Kuala Samboja Class III Port Operator Unit Office, the asset is leased for the stockpiling of land construction goods at Ambarawang Laut Port. So the researcher wants to know how the BMN utilization lease agreement from the Economic Analysis of Law theory, Investment theory, and how the BMN utilization Lease Agreement at the Kuala Samboja Class III Port Operator Unit Office in terms of agreement law. The results: (1) The BMN utilization lease agreement from the Economic Analysis of Law theory sees the role of law in terms of value, usefulness, and efficiency can be applied; (2) The contract signing process takes a long time, because on the leasing side there are several agencies in the approval, such as the Ministry of Finance and the Ministry of Transportation internally; (3) BMN utilization is seen by investment theory to be very beneficial for both parties; (4) BMN utilization lease agreement seen from the elements of the agreement, legally valid.
FACTORS INHIBITING THE ENFORCEMENT OF THE CRIMINAL LAW OF SEXUAL ABUSE OF CHILDREN (STUDY OF DECISION NUMBER 158/PID.SUS/2020/PN TGT) Gafur Irfianto; Rahandy Rizki Prananda
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.6702

Abstract

The crime of copulation is a sensitive issue, especially if the victim is a minor, which can result in impaired mental growth in the future. This study aims to analyze the application of criminal sanctions for child copulation by women and child protection activists (Verdict Study Number 158 / Pid.Sus / 2020 / PN Tgt) and other significant factors that affect law enforcement against perpetrators of criminal acts of copulation against children. The type of research in this research is a normative juridical method whose other name is doctrinal legal research, also known as library research or document studies, because this research is carried out or aimed only at written regulations or other legal materials. The approaches used by researchers in compiling this research are, among others: Statue Approach and the Case approach. The results showed that the implementation of criminal sanctions for criminal acts of child copulation by activists to protect women and children against children had been carried out by the provisions of the applicable laws and regulations. Factors that hinder law enforcement against perpetrators of criminal acts of copulation against children who are victims of trafficking by women and child protection activists in Paser Regency are law enforcement factors, community factors, and cultural factors.

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