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INDONESIA
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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ANALISA CYBERCRIME PENCURIAN DATA PRIBADI MODUS APLIKASI PINJAMAN ONLINE DAN DIGITAL BANKING Sugiarto, Evan; Oscar, Vincentius; Simanungkalit, Dewi Sartika
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.v8i1.8545

Abstract

These technological advances have resulted in tremendous efficiency for the economy. Financial institutions have changed approaches and practices. His financial business. However, rapid technological progress has resulted in negative consequences, such as an increase in more sophisticated cyber crimes. This research aims to examine technology-based crimes involving data theft using online lending and digital banking modes. This research uses a normative juridical type with data collection using literature studies, as well as correlative analysis. The results of this research show that criminals collaborate with financial service institutions. Using sophisticated information technology and computers to steal client online loan application data. Financial service institutions usually only commit document falsification, embezzlement and corruption as victims. Efforts to prevent these crimes include the ITE Law which regulates formal cyber crimes.
PERTANGGUNGJAWABAN PIDANA DISABILITAS YANG MELAKUKAN PENGANIAYAAN Ardika, Ridho
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.v8i2.9101

Abstract

The Criminal Code has explained the responsible ability of a person with a disability in article 44 paragraphs 1 and 2, while in Law No. 1 of 2023, Discuss more specifically about disability criminal liability, according to court decision No. 57 / Pid.B / 2021 / PN. Kba involving a person with a mental disability who molested his own sibling. The purpose of this study is to determine the accountability of criminal acts of maltreatment committed by disabilities in the perspective of Criminal Law and Islamic Criminal Law and use Law No. 1 of 2023 as a comparison with the Criminal Code. The research method used in this study is the normative juridical method using a legal approach, a conceptual approach and a comparative approach. Criminal responsibility for perpetrators of abuse committed by disabilities in the Islamic Criminal Law a person is considered responsible if he has the ability to think and choose (idrak and ikhtiar). Meanwhile, in the Criminal Law, a person with a disability cannot be held accountable for his mental disability, then in Law No. 1 of 2023, an intellectual or mental disability cannot be convicted if he has reached moderate to severe levels. In court decision No.57/Pid.B/2021/PN. The accused should not be punished because his soul was disturbed during his growth or because he was in a mental hospital if his actions could not be held accountable.
PERLINDUNGAN HUKUM TANAH ADAT SETELAH TERBITNYA PERATURAN PEMERINTAH MENGENAI BADAN BANK TANAH Permadi, Iwan; Muttaqin, Irsyadul
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.v8i1.8006

Abstract

This article aims to analyze agrarian conflicts and legal protection of customary land after the establishment of the Government Regulation on the Land Bank Agency in Indonesia. The presence of the Land Bank has the potential for conflict of interest and recognition of customary land can be neglected under the pretext of stateization. This research uses normative research and is based on statutory and conceptual approaches. The results show that agrarian reform contained in the Land Bank study actually backs up agrarian reform itself in terms of land acquisition, because land can be obtained through the transfer of land ownership by the state. Therefore, within the framework of ius constutuendum, the Government needs to improve the Job Creation Law in the land sector and the Government Regulation on the Land Bank, in addition, the public can also conduct a Material Test on articles containing land stateization arrangements in the Job Creation Law and Government Regulations on the Land Bank to strengthen guarantees and fulfillment of the rights of indigenous land communities.
PENEGAKAN TINDAK PIDANA CYBERSTALKING DALAM HUKUM POSITIF INDONESIA Pratama, Akbar Yudha; Br, Hafidz Amrullah Dzaky Nugroho; Astinda, Afifudin Nur Rosyid; Adhipradana, Yurista Ardien
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.v8i3.10320

Abstract

Improper use of social media often leads someone to deal with the law. Many social media users are not aware of the legal consequences of wrong treatment, for example, speaking rudely, disturbing someone, harassing someone, cyberstalking, cyberbullying, and so on. The public only realizes the mistake when the victim brings the problem to law enforcement. The purpose of this study is to explain how to enforce cyberstalking crimes from a positive legal perspective. This study is a normative legal study with a statutory approach. In the implementation of regulations in Indonesia through the Electronic Information and Transactions Law (ITE) on many legal problems that occur on social media, it often makes the perpetrators surprised and regret their actions on social media. In addition, preventive measures are also very important in reducing the risk of cyberstalking.
PROBLEMATIKA PENGHAPUSAN GOLONGAN PENDUDUK TERHADAP PERALIHAN HAK ATAS TANAH DI INDONESIA Permadi, Iwan; Yahya, Muhamad; Muttaqin, Irsyadul
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.v8i2.8798

Abstract

This research explores the challenges in eliminating population categorization in the transfer of land rights. This change is highlighted due to protests and evaluations of the perceived discriminatory articles that identify race, groups, and ethnicity. The grouping in the creation of inheritance certificates is considered to create legal politics contrary to the spirit of independence, preserving differences seen as a legacy of Dutch colonialism. This research adopts a normative juridical method. The findings indicate that the delegation of tasks and authority, as well as the classification of the population in the process of creating inheritance certificates, essentially provides legal certainty to society. Separation based on archives and historical data updates has a positive impact on the land rights transfer process. This classification strengthens the legal framework related to land registration and certification, making it more secure and efficient. Conversely, the absence of classification in the creation of inheritance certificates can create legal uncertainty in the registration of land rights transfer due to the lack of clarity in data, information, and historical developments that need to be updated and recertified.
POLA BANTUAN HUKUM DALAM MENCEGAH TERJADINYA TINDAK PIDANA KEKERASAN SEKSUAL Nasution, Rasina Padeni
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.v8i3.9487

Abstract

The legal aid model is an effort to ensure that every citizen, especially those who are less fortunate, has access to justice. This study aims to describe the implementation of the legal aid models employed by legal aid institutions to prevent sexual violence crimes in the city of Medan. The research method used is empirical juridical research, which examines the law based on facts in society and considers the function of the law. The analysis technique employed is descriptive analysis. The results of the study show that the implementation of the structural legal aid model (BHS) by LBH Medan and the structural gender legal aid model (BHGS) by LBH APIK are effective models in providing legal protection by expanding access to justice for victims. These models focus on recovery and the enhancement of premium services based on an approach to justice that not only aims to resolve cases through legal channels but also strives to change unjust social structures due to power relations, aiming towards more equal social relations and a gender perspective. The conclusion of this study indicates that the implementation of BHS by LBH Medan and BHGS by LBH APIK plays a significant role in both preventive and repressive efforts to prevent and address sexual violence in the city of Medan. These models also serve as solutions in synergizing stakeholders in advocating for sexual violence cases in the city of Medan.
Ketepatan Putusan Bebas No. 36/Pid.Sus/2023/PN Lbb dalam Perkara Tindak Pidana Incest Harahap, Rizky Olivia Kartina; Sitepu, Rajin
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.v8i3.10146

Abstract

This study aims to determine whether the Acquittal Verdict No. 36/Pid.Sus/2023/PN Lbb in the Incest Crime Case is appropriate or not. The method used is normative juridical. Data was obtained by reviewing library materials such as books, journals, and references related to the Lubuk Basung District Court Verdict No. 36/Pid.Sus/2023/PN Lbb. The results of the study on Verdict 36/Pid.Sus/2023/PN Lbb, the defendant was charged with committing the crime of incest according to "Article 82 paragraph (2) in conjunction with Article 76E of Law No. 35 of 2014". The evidence presented, including witness statements, mostly in the form of testimonium de auditu, was not strong enough. There were no witnesses who directly supervised the defendant, and there was a discrepancy in the statement of the time of the incident, the post-mortem evidence only showed the victim's physical condition without linking the act to the defendant. The judge decided that the charges could not be proven legally and convincingly, so the defendant was declared free from all charges. This decision emphasizes the importance of strong and consistent evidence in criminal trials.
PENGANIAYAAN MAHASISWA BARU PADA KEGIATAN OSPEK KAMPUS DALAM TINJAUAN HAK ASASI MANUSIA DAN HUKUM PIDANA ISLAM Syahputra, Yudha
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.v8i1.8875

Abstract

Persecution of new students on campus is a problem that requires serious attention, especially from the perspective of Islamic Criminal Law and Human Rights. Bullying behaviour has a negative impact on individuals, involving physical, psychological, and social aspects that affect the academic development of new students. The research method used is empirical juridical research, otherwise known as field research, which aims to explore the applicable legal provisions and the reality that occurs in society by processing primary data in the field carried out after secondary data research. Theoretical foundations from experts and official guidelines such as laws and regulations constitute secondary data and prime data is obtained through field research with interviews. Persecution of new students on campus demands serious attention from the perspective of Islamic Criminal Law, human rights, and social justice. Prevention, such as prohibition of harmful orientation, close monitoring, sanctions, and character education, are important to create a safe campus environment. Implementation of character education and enforcement of penalties according to the classification of criminal offences are necessary. The need for serious and comprehensive efforts in handling and preventing violence in higher education is essential so that new students feel safe during their studies and the strengthening of campus policies and cross-sectoral cooperation to prevent the occurrence of maltreatment or other violence in Higher Education Institutions. The prevention of abuse is a moral responsibility in accordance with the principles of human values and the law in educational institutions. Measures such as the prohibition of harmful orientation, close monitoring, academic sanctions, and character education must be effectively implemented to create a safe and inclusive campus environment to ensure the basic rights of every individual.
PENERAPAN ANJURAN MEDIATOR DALAM MENYELESAIKAN PERSELISIHAN HUBUNGAN INDUSTRIAL Atmanegara, Fadhoil Rafsanjani; Wahyudi, Eko
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.v8i2.9291

Abstract

This research is based on the author's awareness of the vital role of industrial relations in the development of legal science, which is marked by every business step, government policy, ratification of laws and regulations related to industrial relations, which has a direct impact on the wider community and influences the micro economy as well as the macro economy. Therefore, this research aims to provide the latest exact material within the scope of law based on empirical matters. Considering the purpose of the existence of industrial relations, which is one of the constitutional mandates and the guaranteed rights of citizens, especially in the economic sector, both from the entrepreneur's side and from the workforce side, it is necessary to have definite legal instruments and the best policies are those that feel they are just or at least have certainty. law. Legal certainty will be achieved if the mediator can decide the case or present a solution to make peace in order to avoid the litigation process as conceptualized in the legal instrument for industrial relations disputes. The research was carried out using empirical juridical methods with a combination of data through the process of collecting data from sources and legal sources such as previous research, teaching materials and others. The existence of written recommendations is often seen as lacking compelling legal force due to the nature of law which is a tool of sosial control or as a medium that can be used by those in power to be enforced politically. This research will cover the fact that the mediator's written recommendations still do not contain legal certainty for the parties after carrying out tripartite mediation negotiations even though the aim of holding tripartite negotiations is so that the case does not reach the litigation stage.
INTERSECTION OF 3-D MARKS WITH INDUSTRIAL DESIGNS: THE CONTEXT OF 3-D SHAPE PROTECTION Siswoyo, Amelia Anggriany
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.v8i3.9657

Abstract

3-D (three-dimensional) shapes are objects that fall within the scope of regulation of two Intellectual Property Laws, namely the Trademark Law and the Industrial Design Law. There is a regulatory conflict between the Trademark Law and the Industrial Design Law in terms of protecting 3-D (three-dimensional) shapes. This research is normative juridical legal research. This research will use a legal approach and a conceptual approach, as well as data analysis using qualitative descriptive methods. The results of this research conclude that there is a need for determining indicators as a differentiator or boundary line for 3-D (three-dimensional) shapes in terms of protecting Intellectual Property Brands or Industrial Designs. The determining indicators are 'as an identification mark of a trading product', good faith, distinctiveness and The Functionality Doctrine or functionality doctrine.

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