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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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PENTINGNYA PENDAMPINGAN HUKUM BAGI KORBAN TINDAK PIDANA KEKERASAN SEKSUAL: KEBUTUHAN DAN KEHARUSAN HUKUM PIDANA Ridwan, Fihra Rizqi Novia; Yustia, Dewi Asri
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.9022

Abstract

The number of cases of sexual violence that is currently occurring is getting higher and more extreme. It occurs due to the inability to handle the case. The researcher used a normative juridical research method with a qualitative juridical approach; namely, the obtained data was analyzed using a legal theory approach, legal principles, and a statutory approach. She conducted library research and field research. She conducted interviews with experienced victim advocates with a victim's perspective at the Legal Aid Institution of the Indonesian Women's Association for Justice Jakarta. She analyzed the problem of legal aid for victims of criminal acts of sexual violence using approaches to legal theory, legal principles, and statutory regulations. The legal materials used to analyze the issue were primary legal materials, secondary legal materials, and tertiary legal materials through scientific journals, statutory regulations, and other relevant legal literature. The research results indicated that there are many serious obstacles and challenges faced by victims of sexual violence, such as law enforcement, lack of understanding by law enforcement officials regarding victims' rights, criminalisation of victims, and difficulties for victims in accessing support services. Therefore, assisting victims of sexual violence is very important to increase the understanding and awareness of law enforcement officials regarding victims' rights as well as providing adequate safe space for victims in dealing with their cases.
KONTROVERSI PERPANJANGAN MASA JABATAN KEPALA DESA 8 TAHUN 2 PERIODE PERSPEKTIF SOSIOLOGI HUKUM Ardiyansyah, Rizky Ahadyan; Navis, Aulia Akbar; Rizal, Saiful
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9528

Abstract

The term of office of the village head has been extended to 8 years (2 terms), with this provision it will trigger abuse of authority, considering that one of the aims of constitutional reform is to introduce limitations on executive power in order to create a balanced democracy in Indonesia. In this scientific study the author will analyze the impact of extending the term of office of the village head using a legal sociology approach. This research is packaged using normative research methods, the source of this research comes from primary materials in the form of relevant laws and regulations and books, while the sources of secondary material in this research are scientific papers in journals and other scientific articles and then correlating these problems with theory. sociology of law and statutory regulations. The results of the research show that the government policy regarding extending the term of office of village heads to 8 years and being able to be elected for 2 consecutive terms is a policy that is contrary to the concept of the rule of law, this is because the process taken by the government in forming this policy is considered to have political nuances. related to the situation of the 2024 presidential election, apart from that, the most fearful thing behind this policy is when this policy is used as a stepping stone by the government to extend the terms of office of other executives so that it is certain that the rule of law will be tainted by the government regime of this era. The conclusion is that the decision to extend the term of office of the village head is contrary to the aim of constitutional reform which seeks to limit executive power. What is most feared behind this decision is abuse of power by individual village heads due to holding power for too long accompanied by the absence of greater supervision intense.
PROBLEMATIKA HUKUM SUBSTANSI SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2019 SEBAGAI DASAR HUKUM PENGAJUAN KEPAILITAN BURUH Putri, Clarisa Permata Hariono
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8095

Abstract

Factually, there is a dualism in the judge's decisions responding to bankruptcy applications by workers, so that the Supreme Court Circular Letter Number 2 of 2019 was formed. This research aims to analyze the existence of legal problems in terms of substance in the Supreme Court Circular Letter Number 2 of 2019. This legal research is normative legal research with statutory and conceptual approaches. The results of the research concluded that there are several legal problems on the Supreme Court Circular, including the incompatibility of the concept of bankruptcy with the provisions of legislation in the field of bankruptcy, provisions that conflict with the absolute authority of the Industrial Relations Court and the Commercial Court, and the existence of a legal vacuum in the provisions of Supreme Court Circular Letter Number 2 of 2019.
KEWENANGAN DESA BERDASARKAN HAK ASAL USUL DALAM PERSPEKTIF HUKUM ADMINISTRASI Arifin, Firdaus
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.10213

Abstract

Regional autonomy in Indonesia grants villages the authority to manage their own government affairs, including authority based on origin rights derived from traditions, customs, and local history. However, the implementation of village authority often faces challenges within the framework of regional autonomy. This study aims to analyze and evaluate efforts to harmonize village authority based on origin rights with the principles of regional autonomy. Using a qualitative approach with case studies in several villages, this research found that strengthening village authority through clear and firm legality is the key to achieving optimal harmonization. This study illustrates how the dynamics of village authority grounded in indigenous rights can significantly contribute to the alignment of regional autonomy principles in Indonesia. The focus on legality is a crucial factor that can improve efficacy and accountability in village governance, while also bolstering community participation.
TINDAK PIDANA MEMPRODUKSI KOSMETIKA TANPA IZIN PRODUKSI DAN TIDAK MEMENUHI STANDARD PERSYARATAN KEAMANAN Budiyono, Wisnu Laksana; Djaja, Dudik; Subekti, Subekti; Ucuk S, Yoyok
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8915

Abstract

Consumers who want to improve their appearance are often attracted to cheap cosmetics because they provide fast results. This is what makes them look for alternative ways by buying these products even though they may not meet the requirements and these cosmetics are sold freely but do not have a BPOM number. The aim of this research is to analyze liability in the production of cosmetics without a production permit and do not meet standard safety requirements and legal protection for consumers who use cosmetics which are produced without a production permit and do not meet standard safety requirements. This research uses normative legal research method. The results of the research show that the defendant in this case has fulfilled the elements for which a sentence can be carried out. The first element is an act carried out in accordance with Article 197 of Law of the Republic of Indonesia Number 36 of 2009 concerning Health, the second element violates Article 106 of Law of the Republic of Indonesia Number 7 of 2014 concerning Trade, and the third element violates Article 62 paragraph (1) Jo. Article 8 of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection. Consumers experience losses as a result of using cosmetics that are produced without a production permit and do not meet standard safety requirements, so the defendant is required to compensate consumers for losses incurred in accordance with the provisions of Article 7 letter f with administrative sanctions in accordance with Article 60 Paragraph (2) Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection and criminal sanctions contained in Article 62 Paragraph (1) of Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection.
JUAL BELI FOLLOWERS DALAM PRESPEKTIF HUKUM PERDATA DAN HUKUM ISLAM Nasution, Mas Gabena; Pulungan, Sahmiar
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.9678

Abstract

Sales and purchases of followers are increasing in the general public. In these transactions, the seller offers a service to add followers online by receiving payment from the buyer. The seller then adds followers to the buyer's Instagram account according to the agreed amount and price. However, the followers sold were not only active accounts, but also passive accounts and fake bot accounts. The aim of this research is to explain how followers are added and distributed on Instagram, as well as whether these activities are regulated and benefited by civil and law in Indonesia, especially among Muslims. This research uses normative methods. The author argues that, depending on the approach used from the perspective of civil law and Islamic law, transactions of sale of followers can be detrimental to consumers, prevent debtors from fulfilling their obligations, and lead to non-performance. As one of the parties fails to fulfil its obligations, it constitutes a breach of contract and is automatically a violation of the law. In Islamic law, the goods traded must exist, be usable, and be useful to mankind. It is not lawful to sell something that is not his, because it is illegal to sell it according to Islamic law. Followers can disappear in an instant, because Instagram doesn't want that.
PERTANGGUNGJAWABAN PIDANA ANAK DI BAWAH UMUR TERLIBAT TINDAK PIDANA TERORISME Ramadhan, Azis Akbar; Firdausi, Ulya Shafa; Vanessa, Adinda Rachel
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.10044

Abstract

This article which in its writing uses normative research methods, using a statutory approach and a conceptual approach. The formulation of the problem in this research is: 1) What is the criminal responsibility of minors involved in committing criminal acts of terrorism ? 2) What is the legal protection for minors involved in committing criminal acts of terrorism? From the legal research that has been carried out using the research approach mentioned above, it can be concluded that in the first formulation of the problem regarding the criminal responsibility of minors who are involved in committing criminal acts of terrorism, that is, children cannot be held criminally responsible because not all of the conditions for the elements of guilt are met (cumulative). Meanwhile, the second problem formulation discusses the basic considerations for providing legal protection for children and the relevant and appropriate legal protection to be given to children involved as perpetrators of criminal acts of terrorism.
TINJAUAN HUKUM PIDANA ISLAM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENGEROYOKAN Adriani, Erin Novi; Azizah, Noor
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8865

Abstract

This research delves into the role of children in the continuity of the nation and state, particularly in the context of criminal acts of child assault. The research focuses on understanding the considerations of judges in imposing sanctions and the application of these sanctions from the perspective of Islamic criminal law. Utilizing a qualitative approach and referring to the normative framework, data were collected through literature research, analysis of legal publications, and examination of relevant court decisions. Comprehensive analysis was conducted by evaluating judges and the imposition of sentences in the context of positive Indonesian criminal law. This study seeks to make a significant contribution to deepening the understanding of child protection in the legal realm, considering both positive legal aspects and the values of Islamic criminal law. The findings of this research are expected to provide deeper insights into the challenges and solutions that can be applied to protect children from acts of assault. The implications of these research findings can serve as a basis for formulating policy recommendations aimed at enhancing child protection from assault crimes. These recommendations may include concrete steps that can be taken by the government, legal institutions, and the community to create a safer and more supportive environment for children. As part of the effort to build a fair and just legal system, this research is expected to offer a holistic perspective on this issue, considering both the positive legal perspective and the values of Islamic law.
UNESCO'S ROLE REGARDING THE PROTECTION OF CULTURAL OBJECTS RECEIVING SPECIAL PROTECTION Harahap, Muhammad Anwar Natama; Harisman, Harisman
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.9490

Abstract

The purpose of this writing is to determine UNESCO's role in protecting cultural objects that receive special protection by formulating a problem, namely: what is UNESCO's role in protecting cultural objects that receive special protection? The type of research used in this research is normative juridical. The data source used in this research uses secondary data. Qualitative analysis was carried out with an empirical starting point. The results of this research show that there are still limitations in safeguarding and regulating cultural heritage. Cultural heritage preservation is very important. This is intended to protect the historical, cultural and knowledge values contained therein. Illegal acts cannot actually be tolerated, because they can threaten the existence of cultural heritage. Therefore, the author believes that currently the world really needs security assistance and clear regulations to maintain the existence of cultural heritage. Of course, this can be realized if the 2003 UNESCO Convention is ratified.
PERSPEKTIF YURIDIS DAN ETIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 2/PUU-XX/2022 Munawwar, Said
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.7621

Abstract

The decision of the Constitutional Court Number 2/PUU-XX/2022 sparked an interesting theoretical debate. This decision provides space for former narcotics convicts to run in regional head elections. According to the Constitutional Court, the decision "whether or not" a person advances in political contestation, regardless of whether he is a former convict or not, only has the right to be determined by the people as the holder of the highest power in the state. This is a logical consequence of the adoption of democratic principles in Indonesia. Therefore, according to the Constitutional Court, any state institution has no right to limit a person's chances of winning in a political contest. The Court only added that the former narcotics convict was obliged to announce to the public that he was a former narcotics convict. As long as this is done, and it turns out that the people still accept themselves and their past, then the election is valid, and the former convict has sufficient legitimacy to lead a region. The Constitutional Court also considered that even if a person has been convicted, once he/she is released from detention, he/she still has the right to get a second chance to correct his/her mistakes. This paper attempts to examine from an ethical and legal perspective, on this decision. This paper will use a normative juridical research method, with a conceptual approach and a statutory approach. Based on the juridical and ethical analysis carried out, it proves that things are different from the court's legal considerations in the decision. From a juridical perspective, this decision fulfills the element of legal certainty. However, on the other hand, it is compete with the elements of justice and benefit.

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