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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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PROBLEMATIKA KEWENANGAN PENETAPAN TERSANGKA ANGGOTA TNI OLEH KOMISI PEMBERANTASAN KORUPSI Jamaludin, Ahmad
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.v8i2.9039

Abstract

In its growth, corruption continues to be a problem and an enemy for the nation and state. Corruption is now not only committed by civilian officials and corporate parties, but can also be committed by the military, in this case the Indonesian National Army. In the process, it is possible for conflicts of authority to occur, including the recent case of the Corruption Eradication Commission's Hand Capture Operation at the National Search and Rescue Agency related to the determination of corruption case suspects involving two active military members. This research aims to find out the authority of the Corruption Eradication Commission in determining suspects who are active military members and the legal consequences of this determination. Normative juridical methods through literature studies were used in this research which shows that if viewed juridically, the Corruption Eradication Commission has the authority to determine suspects even up to the prosecution stage because the laws that form their basis are more specific than laws related to the military when viewed from the perspective of the lex specialist systematics principle. Determining a suspect is legal as long as coordination has been carried out because legally this institution has the authority to control corruption cases based on article 42 of the Corruption Eradication Committee Law as well as article 65 (2) of the TNI Law. However, to avoid misperceptions like this happening again, it seems necessary to revise the Military Justice Law and strengthen the Corruption Eradication Commission Law to make law enforcement more efficient in criminal acts of corruption.
PELINDUNGAN HUKUM KREDITUR ATAS PERLAWANAN EKSEKUSI HAK TANGGUNGAN OLEH PIHAK KETIGA Jannah, Rizki Nurul; Siregar, Mahmul; Sukarja, Detania
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.v8i3.9811

Abstract

The existence of a counterclaim from a third party claiming ownership of the collateral is one of several challenges that are sometimes faced in implementing mortgage rights. The following analysis uses the case between PT. Bank Danamon Indonesia, Tbk with a third party (Henny Susanti, et al.) as the main discussion to examine the bank's rejection of the implementation of mortgage rights obtained by the third party. With this case analysis, it is hoped that the decision ratio used by the panel of judges can be studied in depth. This research uses legislative and case methods to provide normative and prescriptive legal research. The results of this research result in the conclusion that the regulation of the burden of third party land rights used as collateral for the bank's mortgage rights is equivalent to the burden of the collateral provided by the debtor. The bank can file a police report against the party who misuses the credit application process, and the bank can also file a civil lawsuit as a creditor with mortgage rights who has been harmed by the bank's negligence in determining the mortgage rights of a third party. In its legal analysis, the Panel of Judges at the Tangerang District Court prioritized formal elements. This does not apply to the Panel of Judges who have applied positive law correctly at the appeal, cassation and PK levels.
TINJAUAN HUKUM PIDANA DAN HUKUM PIDANA ISLAM TERHADAP PENIMBUNAN DAN PENJUALAN BBM BERSUBSIDI Sitompul, Ozi Suhendra; Lubis, Syaddan Dintara
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.v8i1.8266

Abstract

This research aims to describe legal sanctions for perpetrators of criminal acts of hoarding and selling subsidized fuel according to criminal and Islamic criminal laws. The research method is empirical legal research using a legal sociological approach. Interviews or observations obtain primary data, and secondary data is from books, articles, or other reading sources. The data was analyzed using content analysis and case study analysis. So researchers can explore, analyze and interpret empirical data related to the social aspects of law. The results of this research explain that hoarding is prohibited in positive criminal law and Islamic criminal law. Sanctions in positive law are regulated in the Oil and Gas Law no. 22 of 2001 article 55, with a maximum penalty of imprisonment of 6 (six) years and a maximum fine of IDR 60,000,000,000.00 (sixty billion rupiah). Meanwhile, hoarding is known as the ta'zir punishment in Islamic criminal law. This illustrates that in the context of criminal law. However, there may be similarities in the conception of certain criminal acts, sanctions and punishment approaches can differ based on different legal bases.
EFEKTIFITAS PENERAPAN HUKUM TERHADAP KEJAHATAN PENCABULAN ANAK (STUDI KASUS POLRESTABES MEDAN) Hafiz, Muhammad Fiqih; Sitompul, Muhammad Nasir
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.v8i3.10298

Abstract

Child molestation is a form of sexual violence that is increasingly concerning in Indonesia. Cases involving child molestation often have long-lasting psychological, physical, and social impacts on the victims. The number of child molestation cases in Medan City has continued to increase in recent years. This indicates a failure in various prevention and handling efforts made by the authorities. This study analyzes the extent to which the application of the law in child molestation cases at the Medan Police Headquarters is effective in reducing the number of child molestation crimes. This study is a normative-empirical legal study that is descriptive analysis in nature. The approaches used in this study include the statutory regulatory approach and the case approach. Secondary data were obtained through literature study techniques using data collection tools in the form of document studies. In addition, this study is also supported by field data collected through field study techniques by interviewing the Medan City Police Headquarters. The effectiveness of its application in the field often experiences obstacles. The results of the analysis show that there are serious efforts by the police to handle child molestation cases, but there are still obstacles in maximum law enforcement. These obstacles can be related to legal interpretation, availability of evidence, and the process of proof in court. As the main institution in handling child molestation cases. The effectiveness of the application of criminal law against perpetrators of child molestation crimes in Medan City, based on the role of the Medan Police, is greatly influenced by various factors, including limited resources, coordination between institutions, and social stigma that hinders case reporting. There are still challenges in the investigation and prosecution process, such as the difficulty of collecting evidence and complicated legal procedures, affecting the resolution of child molestation cases.
MEKANISME PENGEMBALIAN ASET NEGARA HASIL TINDAK PIDANA KORUPSI Bahri, Muhammad Syamsul; Marwiyah, Siti; Prawesthi, Wahyu; Amiq, Bachrul
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.v8i2.8916

Abstract

Corruption is a despicable act that occurs every year. Corruption is classified as a heinous act and has a major impact on state finances, causing harm to many parties. Investigation, prosecution and court hearings in corruption cases must take priority over other cases in order to resolve them as quickly as possible. The aim of this research is to understand and analyze law enforcement for criminal acts of corruption in Indonesia and to understand and analyze the mechanism for returning state assets resulting from criminal acts of corruption. The method used in this research is a normative research method. It is a legal research which places the law as a building system of norms. Law Number 20 of 2001 concerning Corruption Crimes regulates mechanisms or procedures that can be used to return assets through criminal and civil channels. The mechanism for returning state assets resulting from criminal acts of corruption can be carried out using two mechanisms, which is criminal route as regulated in UNCAC and the civil route (civil forfeiture). The criminal route is intended to provide a deterrent effect to corruptors so that they do not repeat criminal acts of corruption. Civil forfeiture is intended to return state assets resulting from criminal acts of corruption with evidence obtained from the criminal process, namely tracing and freezing assets. The key to success lies with each country, so it cannot be determined which mechanism is the best. Elements of success in efforts to return assets resulting from criminal acts of corruption must take into account several factors, one of which is the perspective that the law enforcement approach in Indonesia still focuses on punishing perpetrators (in personam), not confiscating assets resulting from crime.
KEBIJAKAN PAJAK DAN RETRIBUSI DAERAH TERHADAP PERANAN UMKM DALAM PEMBANGUNAN PEREKONOMIAN DAERAH Nasution, M.Y.F. Hafidz; Rasjidi, Ira Thania; Paramyta, Dwi Sartika
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.v8i2.9560

Abstract

Regional economic development must be treated as a collaborative process between the government and the people in creating stability and fairness on economic activities. MSMEs as a form of social economic entity holds a vital role both in economic development and regional development. Pursuant to Law No. 20/2008, MSMEs are granted by law various facilities to grow its businesses. On the other hand, Law No. 1/2022 that governs regional taxes and retributions is directly related with MSMEs’ position as the potential source of regional taxes and retributions needed for regional economic development. To date, the implementation of Law No. 1/2022 has not been optimal in supporting MSMEs’ growth as well as increasing MSMEs’ contribution on regional taxes and retributions. This is due to various of social factors which affects the implementation of Law No. 1/2022. Therefore, this research is aimed to analyzed from a socio legal perspective on the current regional taxes and retributions policy against MSMEs’ role in regional economic development. This research is made by using socio legal methodology and qualitatively analyzed. The research results indicates that despite the existence of Law No. 20/2008 and Law No. 1/2022 in providing a firm legal basis, the policy making in regional taxes and retributions budgeting capable of supporting MSMEs’ growth on one hand and increasing MSMEs’ contribution in regional taxes and retributions has yet to be met. Further, limited financial knowledge and awareness of MSMEs’ also caused minimum contribution in the regional economic development via regional taxes and retributions payment.
PENERAPAN SANKSI PIDANA TERHADAP PELAKU PERDAGANGAN MANUSIA DALAM PUTUSAN NOMOR 1498/Pid.Sus/2015/PN.Mks Sampurna, Jafrhan Dharma; Koswara, Indra Yudha
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.v8i3.9823

Abstract

Indonesian people are often involved in human trafficking, which endangers social security and endangers the country. This article discusses the regulation of human trafficking in Indonesia, specifically the Human Trafficking Law. The aim of this research is to determine the causes of human trafficking in accordance with applicable regulations and the application of sanctions in the legal system. This research method uses a normative juridical approach which looks at problems from the study of legal materials such as books or articles that discuss human trafficking as a reference for basic materials and secondary legal materials. The results of this research are that human trafficking is rampant in various countries, including Indonesia and developing countries, where this has become a concern of the world, especially the UN. Human trafficking is a criminal offense, especially as regulated in the Criminal Code. In Indonesian criminal law, it is regulated by Law Number 21 of 2007, the application of sanctions is punishable by imprisonment and fines. Human trafficking is an organized and systematic crime, where the people involved have personal or group interests in making a profit.
PERTANGGUNGJAWABAN BANK SYARI’AH ATAS KEHILANGAN DANA NASABAH PERSPEKTIF PERATURAN OTORITAS JASA KEUANGAN Nasution, Nisrina Thufailah; Zulham, Zulham
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.v8i1.8866

Abstract

Islamic banks play a vital role in Indonesia's financial system, especially among Muslims seeking to avoid interest. Loss of customer funds poses a serious issue requiring attention. OJK regulations play a key role in guiding Islamic banks to control the risk of customer fund loss. This research aims to provide an understanding of the roles of banks, OJK, and regulatory implications on the sustainability of Indonesia's Islamic banking sector. This normative study examines the regulatory framework of Islamic banks regarding customer fund loss. The approach includes analysis of legal literature, laws, and OJK case studies. Data collection methods involve literature review and document analysis. The results offer insights into the responsibility of Islamic banks in addressing customer fund loss issues, considering OJK regulations. Islamic banks are accountable for customer fund loss under Financial Services Authority Regulation No. 24/POJK.03/2015. This regulation requires OJK approval to ensure customer fund protection, emphasizing the need for careful supervision to ensure Islamic banks' compliance with established procedures and standards. As the regulator of the financial sector, OJK plays a crucial role in overseeing Islamic banks, ensuring their health and stability, and protecting customers by regulating licensing, overseeing operations, and imposing sanctions when necessary. In addressing customer fund loss in Islamic banks, the Financial Services Authority (OJK) plays a crucial role. OJK regulates, supervises, and enforces Sharia principles while providing protection to customers. Routine inspections by OJK prevent risks and ensure the stability of the Islamic banking sector. OJK can enhance regulations and educate the public to protect customers, reduce the risk of fund loss, and support the growth of Islamic banking.
MEASURING JUSTICE IN THE SETTLEMENT OF KALURAHAN LAND DISPUTES: AN AGRARIAN LAW PERSPECTIVE Srikusuma, M Rohmidhi; Harve, Renhard
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.v8i2.9431

Abstract

The Special Region of Yogyakarta (DIY) has a special status in land management based on Law No. 13/2012, giving it greater authority in land utilization. Kasultanan and Kadipaten lands are recognized as property rights for the welfare of the community. However, misuse of land licenses has become a serious problem, triggering land conflicts and threatening the environment and the rights of local communities. The research method includes legal (regulatory analysis) and sociological (empirical data) approaches. Primary data was obtained from the community, while secondary data came from legal materials. Case studies were conducted in 4 districts and 1 city in Yogyakarta, focusing on land use permits. Data were collected through document studies, interviews, and observations, then analyzed qualitatively. The research lasted for three months. The origin of land tenure in Yogyakarta dates back to the 1755 Treaty of Gianti, with different histories for Sultanate, Duchy and Kalurahan lands. After independence, Yogyakarta was given agrarian autonomy. Dualism in agrarian law led to uncertainty, triggering corruption and conflict. Regulatory reform, transparency and community participation are needed to address land permit abuse and realize equitable management. The main challenge is the misuse of land licenses, which often involves corruption. Regulatory reform, legal harmonization, institutional strengthening, law enforcement, technology utilization, and strengthening legal culture are needed to address this issue. These efforts aim to realize a fair, transparent and sustainable land management system, involving all relevant parties.
TINJAUAN HUKUM PIDANA ISLAM PASAL 412 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KOHABITASI Ritonga, Rahul Sani; Mukhsin, Abd.
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.v8i3.9934

Abstract

This research examines the regulation of cohabitation in Section 412 of Law No. 1 of 2023 and compares it with adultery sanctions in Islamic criminal law. The background of the problem raised is that Article 412 provides leniency for adultery offenders compared to Article 411 which regulates adultery, where the punishment for cohabitation offenders is lighter and the proof process uses an absolute complaint offense. This study employs normative legal techniques. with descriptive data analysis techniques. The results The discussion shows that in the review of Islamic criminal law, cohabitation offenders are considered equivalent to adultery offenders. In Islam, cohabitation is an extension of the crime of adultery so that the criminal sanctions are equalized, both for muḥṣan (married) and ghairu muḥṣan (unmarried). The perpetrator of cohabitation is subject to The perpetrators of cohabitation are subject to 100 lashes or stoning according to the category of adultery. The study's findings indicates that the regulation of cohabitation in Article 412 of Law Number 1 Year 2023 has significant differences with Islamic criminal law. Article 412 provides a lower penalty than Article 411 on adultery, in contrast to Islamic criminal law which equates criminal sanctions for cohabitation offenders with adultery offenders, namely 100 lashes or stoning according to the type, whether the category of zina muḥṣan or ghairu muḥṣan.

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