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[ANALISIS METODE PENGAMBILAN HUKUM MAJELIS HAKIM DALAM MENETAPKAN NAFKAH MADLIYAH (Studi Kasus Putusan MA Nomor. 295K/AG/2000) ]]>
<![CDATA[Dalimunthe, Mardiah]]>;
<![CDATA[Prasetiya, Nurul Huda]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 7, No 2 (2023): September ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v7i2.7710
<![CDATA[This study (Case Study of Supreme Court Decision No. 295k/Ag/2000) intends to learn more about the legal procedure the panel of judges used to determine madliyah maintenance. The key data sources used in this study were the Qur'an and hadith, Supreme Court Decision No. 295k/AG/2000, and Law Number 23 of 2002 about Child Protection. The research's method was descriptive qualitative. Books and other forms of literature are examples of secondary data sources. The findings demonstrated that the Supreme Court of the Republic of Indonesia's decision No. 295 K/AG/2000 in determining madliyah maintenance with various decisions in determining the amount of child custody fees, adding each year in accordance with the defendant's capacity as a husband adjusted by the Panel of Judges with the demands of the plaintiff as a wife. In the Supreme Court's Decision No. 295 K/AG/2000, where the judges made their decision using a combination of jurimetry and the idea of maslahah, madliyah maintenance was determined.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PEKERJA ALIHDAYA DENGAN UPAH DIBAWAH KETENTUAN: TINJAUAN TEORI KEPASTIAN HUKUM ]]>
<![CDATA[Kurnia, Asep]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i1.7961
<![CDATA[Outsourcing is to respond to global economic developments and the speed of technological development so that global competition is very tight. The logical consequence of this condition is the decision by company leaders or management to hand over or outsource some of the company's processes to other parties. The aim of this research is the implementation of Law Number 11 of 2020 concerning Job Creation in relation to providing protection for outsourcing workers. This type of research is qualitative, with a normative legal research approach. The results of the discussion obtained the answer that legal protection for outsourced workers is viewed from the principle of legal certainty in Law Number 13 of 2003 and Law Number 11 of 2020 on Job Creation concerning Employment which can be seen in two forms, namely legal certainty in preventive protection and legal certainty in repressive protection. Legal certainty in the context of preventive protection covers several aspects, including clarity regarding employment relations, time-limited work agreements (PKWT), social security, wage levels and wage compensation. In the context of outsourcing, there are no longer any restrictions on the types of work that can be outsourced. For this reason, regulations are needed that provide further detail regarding legal certainty in preventive and repressive protection, to ensure more comprehensive protection.]]>
<![CDATA[PERLINDUNGAN HAK PEKERJA PKWT TERHADAP PEMBERIAN KOMPENSASI DI PERUSAHAAN ]]>
<![CDATA[Rahmatullah, Rahmatullah]]>;
<![CDATA[Effendi, Ria Regger]]>;
<![CDATA[Santoso, Imam Budi]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i1.7992
<![CDATA[This study aims to find out the extent of the impact of the enactment of Law number 11 of 2020 concerning job creation which has been legalized as a law at the level of practice in the Company. The enactment of this law brings very significant changes to companies with the obligation to provide compensation at the end of the PKWT. This is a new problem for the business world which is classified as middle to lower so as to meet it a wide variety of policy variations in relation to providing other benefits to balance costs for the sustainability of the next business. This article examines how the protection of PKWT, which has some other benefit rights, is reduced due to balancing company expenses. This research uses normative research methods with an analytical descriptive approach where this article describes the phenomena that occur in companies that are classified as middle to lower class so as to ensure the problems that occur and are studied normatively. So that with this article, it is hoped that there will be policy changes made by the government to the conditions after the enactment of Law number 11 of 2020 concerning job creation, especially in the arrangement for providing compensation money at the end of PKWT workers so that the business continuity and rights of PKWT employees can all be fulfilled properly.]]>
<![CDATA[PELAKSANAAN TUGAS POKOK DAN FUNGSI PENEGAK HUKUM TERPADU TERHADAP TINDAK PIDANA PEMILU ]]>
<![CDATA[Indrapraja, Irwan S]]>;
<![CDATA[Afida, Karania Fadillah]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.10234
<![CDATA[This writing aims to determine the extent to which gakkumdu carries out its main duties and functions carried out in the event of an election violation and the effectiveness of Gakkumdu in resolving an election violation. The statutory approach and the approach to related concepts are used in this normative juridical research. One of the methods used by the author to assist this research is data collection after that, a research stage called “field research”, where primary data is collected through an interview process with the subject. The author provides an overview of the provisions relating to the problem using descriptive analysis research specifications. Then further analyzed in using the regulation of legislation and releveant theories. The theory used is Deterrence which emphasizes the use of punishment as a tool to prevent future election violations. The results that the author gets state that the gradual violations that occur during elections have the potential for a criminal offense. Election crimes can be committed by election participants and the general public as voters and even by the organizers of the elections themselves. Gakkumdu is an institution authorized to enforce the law against criminal violations starting from the investigation process and the investigation process to the prosecution process and does not involve other law enforcement institutions when making decisions. Gakkumdu does not run effectively, even though it is a special institution that handles cases of alleged election crimes and has the task of handling and reducing the occurrence of election criminal violations. This study shows that Gakkumdu failed to follow the laws and regulations when handling election violations.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN VICTIM BLAMING DALAM ALIRAN REALISME HUKUM PADA KASUS KEKERASAN SEKSUAL ]]>
<![CDATA[Putri, Angely Lina]]>;
<![CDATA[Kusnadi, Sekaring Ayumeida]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.8709
<![CDATA[Victims of sexual violence do not receive justice and legal protection, but instead receive victim blaming behavior from society. Legal protection for victims and finding the role of legal realism in overcoming victim blaming behavior is very necessary. Therefore, this research aims to understand legal protection for victims of sexual violence by victim blaming based on realism. This research uses a normative juridical method. By using a statutory approach and a conceptual approach. Violence against women is a violation of human rights that must be condemned and acted upon. The Indonesian government has issued various laws and regulations to protect women from violence, discrimination and intimidation. The role of legal realism is to control social perceptions so as not to blame victims for the crimes they experience. This research provides an understanding of sexual violence which causes victim blaming, actions and explains legal protection rules and legal realism to provide direction to the public so that they no longer blame the victim for the crimes that happened to him.]]>
<![CDATA[PENANGGULANGAN KEKERASAN DALAM RUMAH TANGGA DI KOTA MEDAN DITINJAU DALAM HUKUM PIDANA ISLAM ]]>
<![CDATA[Hazar, Siti]]>;
<![CDATA[Ramadani, Ramadani]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.9587
<![CDATA[The review of Islamic criminal law and the prevention of domestic violence in Medan City are the two topics examined in this research and study. Although this research strategy is a case approach, the author uses empirical juridical research in this study. In addition, this research is studied descriptively qualitatively to find out the enforcement of Islamic criminal law against cases of domestic violence (KDRT). However, this research approach is a case approach. This research uses primary data, namely information obtained directly from the person concerned, by conducting interviews and field research at the PPA Unit of the Medan Police Criminal Investigation Unit. Literature from books, journals relevant to the research topic, and fiqh texts were used as secondary sources of information for this research. According to the findings of this research, the lack of a formal legal umbrella in Medan City makes it impossible to conduct criminal mediation in cases of domestic violence. As part of their responsibilities, local governments and social organizations are charged with the responsibility to provide victim recovery facilities. To provide assistance to victims of domestic violence, the recovery providers work together. During an interview with the PPA Unit of Medan Police Station, the author found that the police will cooperate with the office to assist victims in evaluating the mental health of victims of domestic violence in Medan City.]]>
<![CDATA[TINDAK PIDANA KEKERASAN FISIK DALAM KEKERASAN RUMAH TANGGA ]]>
<![CDATA[Siregar, Putri Dharmayanti]]>;
<![CDATA[Harisman, Harisman]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i3.9842
<![CDATA[The majority of victims of domestic violence are adolescent girls and women. The objectives of this study were to: 1) characterize various forms of physical violence included in domestic violence crimes and the legal protection provided to victims; 2) characterize the legal provisions for those who commit acts of physical violence; and 3) ensure appropriate action to impose penalties for those who commit acts of physical violence in domestic violence. The Medan District Attorney's Office has been consulted and to obtain information on books, journals, official newspapers, and other sources related to the law and the subject of this study, interviews were conducted to obtain data and legal documents. legal sanctions that will be applied by the Medan District Attorney's Office against various types of domestic violence in 2023, as well as legal protection that will be received by victims of domestic violence. This study can be categorized as field research because it examines relevant legal provisions and social realities using an empirical framework. Perpetrators of domestic violence are subject to several laws and regulations, such as Article 44 paragraph 23 of 2004, the Criminal Code, and the Child Protection Law. The heaviest punishment should be imposed on those who commit acts of physical violence in the household to deter such behavior and make others aware of the consequences that will occur. In order for the state and society to meet the needs of victims for a sense of security and kindness, victims of domestic violence must receive legal protection.]]>
<![CDATA[TANGGUNG JAWAB PELAKU USAHA TERHADAP KERUSAKAN BARANG KREDIT BERGARANSI (KOMPILASI HUKUM EKONOMI SYARIAH) ]]>
<![CDATA[Tussyadiyah, Halimah]]>;
<![CDATA[Zahara, Fatimah]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i1.8855
<![CDATA[Manufacturers of electronic products often provide warranties to customers, subject to certain conditions, because of the inherent risk of future defects or loss in any transaction involving such items. However, there are times when the collateral for installments is damaged or even lost. This research aims to determine the views of the Compilation of Sharia Economic Law regarding the responsibility of business actors for damage to collateralized credit goods. In this research, the method used is empirical juridical. Data collection uses interviews and data analysis techniques using legal content analysis and case studies. The research results show that the Compilation of Sharia Economic Law states that business actors must provide compensation to customers for damaged goods, and the furniture shop's policy in paying to repair or replace damaged goods is in accordance with this obligation, because it is in line with Islamic principles.]]>
<![CDATA[PLEA BARGAINING DALAM RANCANGAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA NEGARA INDONESIA ]]>
<![CDATA[Alimuddin, Alimuddin]]>;
<![CDATA[Zahir, Muh Zuhud Al-Khaer]]>;
<![CDATA[Rasyid, Muh Firdaus]]>;
<![CDATA[Hastira, Muh Fichriyadi]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i2.9213
<![CDATA[The purpose of this study is to evaluate the legal political structure and the level of urgency of the Plea Bargaining System in the Draft Criminal Procedure Code. Normative legal research is the type of research used. The study of legal issues relating to norms is emphasized in legal research techniques. This method will concentrate on looking at legal reality from the point of view of the legal substance that regulates and is still developing. The findings of this study indicate that the Plea Bargaining system in the Draft Criminal Procedure Code is needed. This is indicated by the fact that several countries, such as Germany and France, have successfully implemented similar systems with various models and techniques. However, the Plea Bargaining system in the Draft Criminal Procedure Code does not use these strategies, but rather emphasizes that Plea Bargaining is only to alleviate the charges and accelerate the trial process. Plea Bargaining is expected to accelerate the legal process by reducing the volume of cases brought to court, saving time and money, compensating defendants who admit their guilt, and meeting the needs of the public prosecutor and defendants. With the establishment of the Special Track, Article 199 of the Draft Criminal Procedure Code describes the form of the Plea Bargaining system in its application and offers the idea of a Plea Bargaining system with a maximum penalty of 7 years as one of the options in accelerating case settlement. The use of Plea Bargaining has several advantages as follows: one, it reduces the accumulation of cases in court; two, it provides relief for defendants who admit their guilt; and the third simplifies the process for public prosecutors.]]>
<![CDATA[KEPEMILIKAN RUMAH SUSUN OLEH WARGA NEGARA ASING DALAM MEWUJUDKAN KEPASTIAN HUKUM ]]>
<![CDATA[Udjan, Bernadeth Gisela Lema]]>;
<![CDATA[Sari, Retno Dewi Pulung]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v8i1.8367
<![CDATA[This research aimed to critically analyze regulations regarding the ownership status of flats in realizing legal certainty. The research method used is normative juridical research using a library study model. This research uses a legislative regulation strategy. The research results show that the concept of apartment ownership, which has been regulated in statutory regulations, has different rules. The UUPA firmly states that only Indonesian citizens (WNI) have rights to land with the status of Ownership Rights, Business Use Rights, and Building Use Rights. In contrast, the Job Creation Law states that foreigners are allowed to have ownership of Building Use Rights (HGB) without changing the right becomes the Right to Use. However, Building Use Rights (HGB) can only be owned by Indonesian citizens, and ownership can be given to foreigners who have a residence permit with the requirement of completing the house shape criteria that the government itself has regulated.]]>
