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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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PENGANCAMAN BERUPA PUNGUTAN LIAR PADA PELAKU USAHA (Studi Putusan Nomor : 1791/PID.B/2015/PN MDn) Sonya Airini Batubara; Immanuel R C S Pelawi; Lina Wati
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.v7i1.5764

Abstract

The development of today's era greatly affects the development of people's behavior. At present, moral and economic issues are some examples of the problems faced by our nation which ultimately lead to many crimes, such as illegal levies which are certainly very disturbing to the community. Not only do levies unofficially but also threats and violence using sharp weapons to parties who are in a weak position because of an interest. That is why illegal levies (extortion) lead to acts of extortion mentioned in the criminal law book. The Criminal Code actually regulates several crimes that can be imposed on perpetrators of extortion, one of which is Article 368 paragraph (1) which regulates extortion and threats for which the sentence is nine years. Synergy in law enforcement against extortion is highly expected for the sake of creating security in society, especially business actors.
HUKUM ANGKUTAN UMUM ILEGAL BAGI PENUMPANG BILA TERJADI KECELAKAAN Putra, Reza Adi; Saputra, Arikha
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.5579

Abstract

ABSTRACTTransportation has now become a basic human need in fulfilling its mobility. The government is trying to make this happen by building mass public transportation such as bus rapid transit or BRT, city transportation and online-based transportation. However, it seems that it is still unable to meet the needs of various communities so that illegal public transportation or dark travel with private vehicles with black plates does not meet the requirements for public transportation, so that if an accident occurs it will be weak in the field of legal regulations as stipulated in Law Number 22 of 2009 concerning Traffic and road transport. The author conducted research using normative juridical methods guided by applicable laws and regulations, as well as using analytical descriptive methods to find out and understand the object of study. Illegal public transportation or dark travel operates without a permit to transport passengers without life insurance protection and does not pay mandatory fees as stipulated in Law Number 33 of 1964 concerning Passenger Accident Compulsory Insurance Funds, so that if an accident occurs the legal consequences are weak because they will not receive compensation. loss, if the passenger dies or suffers permanent disability. The government is responsible for organizing public transportation in an effort to meet the need for safe, secure, comfortable and affordable transportation. So public transportation must be in the form of a company that is licensed, legal entity and is required to pay mandatory contributions for life insurance for passengers, if an accident occurs they will receive compensation. Public transportation is illegal if in the event of an accident it will not get compensation due to death and permanent disability, because it does not pay mandatory coverage. As a result, passengers only receive compensation from the vehicle owner.
ANALISIS HUKUM TERHADAP PELAKU AKTIVITAS PIDANA PENCABULAN DAN KEKERASAN ANAK DI BAWAH UMUR (PUTUSAN NO.49/PID.SUS/2019/PN LBB) Farhana, Farhana; Saputra, Muhammad Fadira; Batubara, Sonya Airini
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.5291

Abstract

Often criminal acts occur in human life and that includes their problems. usually this is because of something like their lust that wants a crime. Crimes that can be committed include various kinds of acts of harassment, obscenity and sexual violence. Types of crimes whose actions are in the category of sexual violence such as obscenity have a lot of impact on the victims. The victims besides being harmed they will also experience trauma and high shame. The study that will be carried out uses normative juridical, namely the method used in conducting research in the field of law with steps. This method works by analyzing legal sources in writing and available in the literature. The materials used in this research are laws, research journals, and books that are still relevant to the prevailing problems. This research uses a descriptive approach. where research is based on written rules as they are. Legal research on child abuse has basically been stated in article 76 E of Law no. 35 of 2014 regarding changes to Law NO. 3 of 2002 which deals with child protection. It is clearly stated in article 76 E which reads "Every person is prohibited from committing violence or threats of violence, forcing, deceiving, committing a series of lies, or persuading children to commit or allow obscene acts to be carried out". This case is also listed in the Lubuk Basung Court Decision No. 49/pid.sus/2019/PN LBB which received the result of the decision because the law had reported that the defendant was stating that the defendant was legally proven guilty of carrying out a crime in the form of intercourse with a minor. This violates Article 76 D in conjunction with Article 81 paragraph 1 UURI Number 35 of 2014 regarding changes to Law no. 23 of 2002 regarding child protection.
PENERAPAN ASAS RESTORATIVE JUSTICE DALAM TINDAK PIDANA PENCEMARAN NAMA BAIK DI WILAYAH KEJAKSAAN NEGERI BALIGE Hutagaol, Daniel Pandapotan; Megawaty, Wenny
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.6561

Abstract

Defamation involves accusing a person of some act in order to gain public knowledge. The problem in the case of criminal defamation suspect Hotman Hutadjulu with Maruli Tua victims is still the family scope. The process of justice that takes considerable time and is less able to revive the relationship between the suspect and the victim, and thus has a restorative justice for the completion of the libel crime crime, in accordance with the Republic of Indonesia Prosecutor’s No. 15 of 2020. This research is aims to explain the implementation of the restorative justice principle in criminal defamation in District Attorney’s Balige District of Toba North Sumatera. The research approach method used was juridical normative, with analytic descriptive research specification. The research used a secondary data. Data were analyzed using qualitative methods of analysis. The results of this research application of the restorative justice principle in criminal defamation has been done effectively and in accordance with legislation. The burden the state Attorney Balige faces are having difficulty connecting the suspect with the victim to mediate and information unknown.
LEGAL CONSTRUCTION FOR SETTLEMENT OF SPATIAL PLANNING DISPUTES AFTER THE LAW NO.11 OF 2020 ABOUT JOB CREATION APPLIED Sardjana Orba Manullang; Viorizza Suciani Putri; Yessy Kusumadewi; Esti Ningrum
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.v7i1.6689

Abstract

Based on experts' observations, in Indonesia, there are many phenomena of structural disputes in the use of space, namely disputes caused by policies and or decisions of public officials, both at the central and regional levels, which cause many victims in society and impact a very wide area. Before the birth of the Job Creation Law, Law Number 26 of 2007 concerning Spatial Planning regulated spatial disputes and their resolution. Still, the arrangements were unclear and often led to confusion with the mechanism for resolving spatial use violations through administrative/criminal sanctions. This study examines the Legal Construction of Spatial Planning Dispute Resolution After the Job Creation Law was enacted. The research is normative legal research with a statutory approach taken from secondary and tertiary data, which is then analyzed  . And will be analyzed by descriptive-analytical methods. The results of the study show that at the time the Job Creation Law was issued, legal reconstruction was carried out by clarifying the rules regarding spatial planning disputes, which consisted of (1) Categorizing spatial planning disputes as one of the instruments for controlling spatial use, (2) clarifying the identification of spatial planning disputes, (3) clarifies the subject and object of spatial planning disputes, (4) clarifies the mechanism for resolving spatial planning disputes and (5) clarifies the authority of each Central and Regional government.
EFEKTIVITAS PENERAPAN RESTORATIVE JUSTICE DALAM PENANGANAN KASUS KECELAKAAN LALU LINTAS DI KEPOLISIAN RESOR KOTA SURAKARTA Putri, Chalisna Paristiana; Pratiwi, Dian Esti
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.6769

Abstract

Settlement of traffic accident cases through restorative justice at the Surakarta’s Police Resort Department as an alternative to the criminal justice system because it is considered more effective, efficient and does not take as long as the process in court. In fact, the application of restorative justice does not yet have specific laws and regulations and the public does not clearly understand the settlement of cases by implementing restorative justice. The purpose of this study is to analyze the effectiveness of the implementation and obstacles of restorative justice in handling traffic accident cases at the Surakarta’s Police Resort Department. This type of research is empirical research with data collection techniques through interviews. The research data analysis technique used the deduction method. The results of this study indicate that the Surakarta’s Police Resort Department Police in implementing restorative justice has done well because the majority of traffic accident cases are resolved using the restorative justice system. However, there are two obstacles in its implementation, namely from the factor of legal substance and the factor of society, especially cybercitizen.
KEABSAHAN PENGISIAN PENJABAT KEPALA DAERAH DARI TENTARA NASIONAL INDONESIA Fahri Bachmid
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.v7i1.6714

Abstract

Holding simultaneous local elections in 2024 will result in vacancies in the positions of regional heads in some regions. To overcome this impact, the government appointed and authorized active TNI to become PJ Regents, even though the provisions stated that filling the position of the regional head was the position of Pratama high leadership, who came from the State Civil Apparatus group. In this study, the authors utilized normative juridical research methods with a statutory approach, also called the approach, the approach, and a conceptual approach, also called the conceptual approach. That the appointment and appointment of the TNI to be active in filling the position of regional head violates the laws and is contrary to the principles of good governance. The active presence of the TNI in civilian jobs has damaged civilian supremacy, which has been fought for during the reform period to abolish the Dwifungsi ABRI doctrine.
IMPLEMENTASI TEORI VIKTIMOLOGI PADA HUKUM PIDANA INDONESIA Rumapea, Mazmur Septian; Sari, Defitrie Nathania; Sijabat, Jecyka Cklaudya; Putri, Twinkle Suwarna
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.5320

Abstract

Victimology is a research or insight related to victims and their elements, which is a derivative of criminology. The main point related is the impact of a crime that causes victims and suffers losses. The purpose of this study is to find out about the regulation of the theory of victimology in Indonesian criminal law and to find out its implementation. This study uses a qualitative self-research procedure. This research is described descriptively and directed using data source analysis. In this research the collection of information used is secondary data, in which the data comes from various collections of journals. The results of the research show that the regulation of victimology in Indonesian Criminal Law regarding the protection of victims is still universal because it has been stated in various laws. Also the implementation of victimology in Indonesian Criminal Law has been well implemented, although it has not been realized as it should be as regulated in Indonesian law.
MODEL KEJAHATAN DUNIA MAYA (CYBERCRIME) SEBAGAI UPAYA PEMBENTUKAN HUKUM NASIONAL Febriansyah, Ferry Irawan; Indiantoro, Alfalachu; Ikhwan, Afiful
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.6878

Abstract

The purpose of this study is to analyze models of cybercrime, namely cybercrime, in order to find out how far the development of forms of crime, whose modus operandi is increasing day by day. The virtual world is part of people's lives so that it cannot be separated from needs. This will later give rise to many new crime models, so that people will be disadvantaged in carrying out activities in cyberspace. This research analysis focuses on empirical legal analysis, namely looking at the social symptoms of people in cyberspace (Internet) in carrying out their daily activities which are vulnerable to crime. The problem that often occurs that is often experienced by the community is education about cyberspace so that they are vulnerable as perpetrators of Cybercrime crimes. This research is very interesting to do along with technological developments, human attitudes and behavior have changed a lot so that new models of crime have emerged in cyberspace.
LEGAL CONSEQUENCES FOR ACTORS DOWNLOADING ILLEGAL FREE SONGS VIA INTERNET Ananza, Almira Sari; Santoso, Budi
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.6952

Abstract

Today, internet technology has developed rapidly, which can bring both positive and negative impacts. This study aims to answer the legal consequences that will catch the perpetrators of illegal song downloaders through the internet. This research is included in the type of normative research with a literature study approach and legislation related to copyright. The study results show that creators and copyright holders are given legal protection for their inspiration and creativity. Legal consequences for copyright violators for downloading songs illegally on internet media can be subject to civil and criminal sanctions. Based on Articles 96 and 99 of the Copyright Law, the creator or copyright holder is entitled to civil compensation for infringement of his work and the loss of economic rights. Criminally, violators may be subject to sanctions through imprisonment and fines.

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