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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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RIGHTS AND OBLIGATIONS OF PARENTS AND CHILDREN IN LAW NUMBER 1 OF 1974 LEGAL PERSPECTIVE OF SAYYID MALIK MARRIAGE Yakin, Ainul; Mashudi, Lutfi
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.v7i2.6927

Abstract

The objectives of this research are: (1) Knowing the thoughts of Sayyid Muhammad Ibnu Alawi Al-Maliki, (2) Knowing the background of Sayyid Alawi al-Maliki's thoughts, (3) Explaining the implications of the rights and obligations of parents toward children The use of research with research bibliography (library research), and the character's thought study approach. The use of personal documents as data sources and documentation methods as data collection techniques. They use content analysis (content analysis) in the data analysis technique. The study results show that parents' rights and obligations toward children are mandatory for each parent. The implication is that Sayyid Muhammad explained how parents and children fulfill their obligations and explained the rights of parents and children, namely, (1) giving an excellent name to his son. (2) educate children with the best education. (3) placing the child in a proper place and giving halal sustenance. (4) marry off children when they are old enough, and it is also the duty of children to their parents, namely to be devoted to them.
TIDAK DITERAPKANNYA PASAL 362 KUHP DALAM PERKARA PENAMBANGAN TANPA IZIN (STUDI PUTUSAN NOMOR 124/PID.SUS/2021/PN. TDN) Achmadi, Cika Artika
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.v7i2.6986

Abstract

Mining activities cannot be carried out haphazardly because every business entity or individual must have a mining permit. Anyone who engages in illegal mining will be subject to sanctions in accordance with Article 158 of Law Number 3 of 2020 concerning "Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining". Mining without a permit (PETI) is a crime against State assets in the form of theft of minerals, in which the crime ignores the provisions in the mining procedure. The purpose of this paper is to investigate the factors considered by judges in deciding a case and the reasons why Article 362 of the Criminal Code is not used by prosecutors and judges in cases involving the theft of minerals. This research method is normative juridical law research, with an analytical approach method. This study uses secondary data sources. The data analysis technique used in this study uses qualitative data analysis. The results of the study show that the judge must first consider the indictment submitted by the prosecutor in court, because the judge cannot investigate or prosecute outside the scope of the indictment. In Decision Number 124/Pid.Sus/2021/Pn Tdn it is correct because the judge considers the facts and legal statements inside and outside the trial, so the Prosecutor and Judge do not apply Article 362 of the Criminal Code because there is a special law that deals with Mineral and Coal Mining.
PERLINDUNGAN HUKUM BAGI PENYANDANG DISABILITAS DI PT APPAREL ONE INDONESIA 1 Hapsari, Herning Tyas Setyo; 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.v7i2.5568

Abstract

Workers with Disabilities, especially those working in private companies, have rights and obligations to obtain welfare. Private companies have an obligation to employ persons with disabilities as much as 1% (one percent) of the total number of employees working in the company. As explained in Article 53 paragraph (2) of Law Number 8 of 2016 concerning Persons with Disabilities which contains "Private companies are required to employ at least 1% (one percent) of Persons with Disabilities from the total number of employees or workers". Workers with disabilities also have other rights such as obtaining employment opportunities in private companies, obtaining positions according to the type and degree of disability, obtaining health, social and other benefits, and the company is obliged to provide adequate accommodation for workers with disabilities as a form of accessibility, in accordance with what is regulated in the legislation. The research method that was carried out by the researchers used normative juridical research methods and the data used primary and secondary data. The data collection technique used in this research is the interview method for employees with disabilities and HRD PT. Apparel One Indonesia 1 has complied with statutory regulations, such as providing opportunities to work. This company has also provided health insurance, social insurance, work accidents, and others. However, accommodation and accessibility within this company are not adequate, and this company has not fulfilled the quota of workers with disabilities of 1% of the total number of employees.  for workers with disabilities without discrimination and has placed positions that are in accordance with the type and degree of disability.
PROBLEMATIKA HUKUM PENGGUNAAN TEKNOLOGI NON-FUNGIBLE TOKEN TERHADAP HAK CIPTA Rohaini, Rohaini; Rusmawati, Dianne Eka; Aisya, Vitania
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.v7i2.5736

Abstract

One form of utilizing the latest digital technology in Copyright is the Non-Fungible Token (NFT). Using a blockchain system to verify the authenticity of works, NFT can be a promising solution for intellectual property protection. However, due to the development of new technologies, research is still needed on how the legal problems of using Non-Fungible Token technology are related to Copyright. This research is a normative juridicial research using primary and secondary data. Data was collected using literature study and internet access, as well as data analysis using qualitative descriptive methods. The results of the research and discussion concluded that NFT technology still has several problems. The problem that occurs in the use of NFT is that there is no related regulation that regulates NFT, so there is no legal certainty to protect the public. Another problem is the theft of copyrighted works belonging to people who are converted into NFT. This is due to the lack of maximum verification of copyrighted works by the NFT marketplace.
PENYELESAIAN PENYIDIKAN PERKARA TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI RESTORATIVE JUSTICE (Kajian Perpol No.8 Tahun 2021) Indriani, Novita; Faozi, Safik
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.v7i2.6877

Abstract

This research discusses the mechanisms for resolving cases of criminal defamation and legal certainty through restorative justice based on the Regulation of the Indonesian National Police Number 8 of 2021. This research method was carried out by researchers using the sociological juridical research method. Based on research and discussion, criminal acts of defamation can be resolved through the restorative justice system. This settlement involved the victim, the perpetrator, and the victim's family. Restorative justice prioritizes a win-win solution, seeking the best agreement for victims and perpetrators. The process of resolving criminal acts of defamation through restorative justice involves a meeting between the victim and the perpetrator as a form of accountability for the perpetrator. The success of this settlement depends on the good intentions of the victim and perpetrator. Restorative justice involves the community, victims and perpetrators in solving criminal acts of defamation. It is important to find a win-win solution to create justice for all parties. This settlement also puts forward persuasive and educational efforts to prevent criminalization and create an ethical, healthy, clean and productive digital space in Indonesia.
JUDICIAL REVIEW OF POST-NUPTIAL AGREEMENT AFTER CONSTITUTIONAL COURT DECISION NUMBER 69/PUU-XIII/2015 Hidayatullah, Syarif; Aidi, Zil
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.v7i2.6953

Abstract

For the purpose of regulating the financial effects of their marriage, a husband and wife may enter into a prenuptial or postnuptial agreement. In light of Law No. 1 of 1974, the author seeks to clarify the effect of a postnuptial agreement and the subsequent status of the spouses' property. Juridically, the research is based on an approach to the principles of legal principles and rules relating to the applicable legislation, the Implementing Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974, and the decision Number 69/PUU-XIII/2015 of the Constitutional Court of the Republic of Indonesia. Constitutional Court decision 69/PUU-XIII/2015 governs the process by which a husband and wife can enter into a marriage agreement after their wedding by using a District Court Decision.
ANALISA HUKUM KEBERADAAN KUASA MUTLAK DALAM AKTA PERJANJIAN PENGIKATAN JUAL BELI ATAS TANAH Clarissha, Vindria Shafa; Wisnaeni, Fifiana
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.v7i2.7094

Abstract

Since the instruction of the Minister of Home Affairs No. 14 of 1982 regarding the prohibition of giving absolute power of attorney in line with the transfer of land rights which took effect on March 6, 1982 and PP No. 24 of 1997 concerning land registration came into force on 4 July 1997, the use of absolute power of attorney is no longer permitted. However, in practice absolute power in land purchase agreements is still often used. The research to be carried out is a type of normative legal research through a review of literature and also legal materials, for example research on legal principles and rules and legal rules. The results of the study show that not any use of absolute power related to the sale and purchase of land is not permitted as long as it is not intended for the transfer of rights to land. The use of absolute power of attorney related to the Land Sale and Purchase Binding Agreement made before a notary is only aimed at protecting and guaranteeing legal certainty for the parties involved, especially the buyer that the sale and purchase process can later take place according to what was agreed when the terms of the sale and purchase have been fulfilled. regarding the use of absolute power of attorney in binding agreements for sale and purchase of land is legal and not a violation of laws and regulations. Another thing is that the legal impact arising from this use is absolute and is still recognized and continues to be enforced and binding for related parties.
ILLEGAL INVESTMENT SANCTIONS BASED ON THE CAPITAL MARKET LAW AND FORMS OF PROTECTION FOR INVESTORS Dian Kartika; Derry Rijken Irahadi; Willy Raymond
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.v7i1.7162

Abstract

The ever-developing technology currently affects the course of the economy. One of them is characterized by a hot issue regarding investment which is often discussed along with the current financial problems, such as inflation which has increased quite significantly, household consumption expenditure which has also increased which has made some people more aware and aware of the importance of saving for the long term. . Investment is the best way because we can save but can get a sizable profit. However, this is actually used by unscrupulous people to take advantage instead of investment. This discussion aims to further analyze the rise of "fraudulent" investments which are currently becoming a fear of the public who have already used them and the role of the Capital Market Law as a form of protection for customers.
ANALISIS YURIDIS PENJATUHAN PIDANA DI BAWAH MINIMUM KHUSUS TERHADAP TINDAK PIDANA NARKOTIKA (Studi Kasus Putusan Nomor 42/Pid.Sus/2019/PN Bpd) Alex Firdaus Simaremare; Lu Sudirman; Elza Syarief
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.v7i1.7301

Abstract

One of the products of non-codified criminal regulations that adheres to a special minimum system. Article 12 paragraph (2) of the Criminal Code specifies the minimum criminal penalties applicable in Indonesia for one day of imprisonment, while Article 18 paragraph (1) of the Criminal Code also specifies one day of imprisonment as the minimum sentence for imprisonment. This is typically the case. However, the Criminal Code does not regulate the specific minimum criminal hazard level. Article 103 of the Criminal Code states that laws outside the Criminal Code can regulate special rules; in this case, based on the District Court Decision Number: 42 / Pid.Sus / 2019 PN Bpd, the defendant Syamsul Rizal Bin Zainal was sentenced in accordance with the subsidiary charges of the Public Prosecutor article 111 paragraph 1 with a minimum criminal threat of 4 years and a fine of Rp. 800,000,000 (Eight Hundred Million RupeesIn this legal research, a legal approach, a conceptual approach, and a case approach will be utilized, along with specific research requirements. In this investigation, both primary and secondary legal materials were utilized. The analyzed legal material is presented in a methodical, logical, and reasonable manner. On the basis of the study's findings, it is possible to conclude that the criminal conviction below the specified minimum in decision number 42/Pid.Sus/2019/PN Bpd violates the principle of legality (nulla poena sine lege), as the decision lacks legal considerations.
LEGAL CONSEQUENCES OF DELAYING THE IMPLEMENTATION OF AN INTERNATIONAL TREATY Wafda Vivid Izziyana; A Heru Nuswato; Subaidah Ratna Juita
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.v7i1.7494

Abstract

Two aspects of delays in the implementation of international treaties are delays based on legal subjects or states that are parties to the treaty and delays based on the existence and absence of arrangements in the treaty itself. Whether the delay occurs based on the agreement of all parties or because of the interests of one particular country only. This research method is normative juridical. The results of the study explain the procedures that must be followed if a party proposes a delay in the implementation of an international agreement, regulated in the 1969 Vienna Convention and the UN Charter. Furthermore, the opportunity for the state that proposes a postponement to withdraw its proposal at any time, as long as the proposal has not yet caused any effects or consequences. international agreements that are postponed will certainly have legal consequences both for the agreement itself, the parties, and even in certain cases also for third parties. Parties who agree to postpone are released from the obligations stemming from the treaty in relations between themselves during the postponement period. However, the rights and obligations stemming from the provisions of the treaty continue.

Page 18 of 56 | Total Record : 555

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