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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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DIMENSI HUKUM PEMBEBASAN LAHAN: HAK, PERATURAN, DAN REFORMASI Noor, Aslan; Hermindo, Hermindo; Setiawati, Yeti; Wijaya, Melliana; Rohmani, Rodiah
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.v8i1.8580

Abstract

Policies and legal norms regarding land acquisition in Indonesia are generally regulated in Law (UU) no. 2 of 2012 concerning Land Acquisition for Development in the Public Interest. Development policies and projects, such as infrastructure, industrial zones, or public facilities, often require significant space that can only be obtained through land acquisition. This research aims to comprehensively review the legal dimensions related to land acquisition, focusing on the rights concerned, applicable regulations, and the need for reform to ensure a fair and sustainable process. This research uses normative juridical research methods, with comparative, conceptual and statutory approaches. These data were analyzed descriptively and qualitatively. The results of this research show that land acquisition in Indonesia is regulated by various laws, including the Job Creation Omnibus Law and Government Regulation no. 19/2021. The land acquisition process involves stages of planning, preparation, implementation and delivery of results, involving many government agencies. Policy and regulatory reform in land acquisition is essential to address gaps and deficiencies in the existing system, with particular emphasis on protecting community rights, promoting transparency, and ensuring accountability. Increasing equity in land acquisition involves strategies to ensure impartiality, transparency and protection of the interests of all stakeholders.
PENEGAKAN HUKUM TERHADAP PELAKU EKSPLOITASI ANAK MELALUI MEDIA SOSIAL Harahap, Siti Hajar
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.v8i2.9294

Abstract

Today's advances can be gained very easily, namely through social media. Many people abuse technology to gain profit, one of which is exploiting children through social media. The criminal act of child exploitation is control, extortion, exploitation, use (of a person's energy or physical body) of oneself or another person for personal gain and is a disgraceful act. The problem and aim of this research is to find out the form of criminal acts of child exploitation based on the law; know about legal protection for children as victims of criminal acts of child exploitation through social media at the Medan Police PPA Unit, and know about law enforcement against perpetrators of child exploitation through social media at the Medan Police PPA Unit. The research method carried out is an empirical juridical research method (field research) supported by library research. This research resulted in the conclusion that criminal acts of exploitation according to law are divided into three, namely economic exploitation, sexual exploitation and social exploitation. Victims of child exploitation have the right to reparations, protection from further violence, and access to legal representation. Law enforcement officers not only have the responsibility to protect children from exploitation, but also those closest to the victims.
HUKUM PENETAPAN BIAYA PENYIMPANAN EMAS DALAM AKAD RAHN PERSPEKTIF FATWA DSN-MUI NOMOR. 25/III/2002 Nisma, Aulia; Hasanah, Uswatun
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.v8i1.8348

Abstract

Bank Syariah Indonesia (BSl) is a Sharia financial institution that helps the community in carrying out economic activities according to Islamic law. One of them is the implementation of gold pawning. Pawning (Rahn) in the Islamic view is property that is used as collateral for debts/loans that have been received. It is suspected that the implementation of sharia gold pawning at BSL is inconsistent with the provisions of DSN-MUI Fatwa Number. 25/DSN-MUI/III/2002 concerning Rahn. This research aims to find out how the gold storage costs are determined at Bank Syariah Indonesia KC S. Parman, as well as what the Fatwa law is regarding the implementation of gold pawning at BSI KCP S Parman. This research uses qualitative research methods sourced from research information obtained while conducting research at Bank Syariah KC S. Parman, and is supported by data that can be strengthened with literature as support. The results of the research show that, Sharia Gold Pawning at BSI KCP S Parman determines fees (ujrah) based on the loan size. The greater the cost of borrowing, the greater the storage costs. The implementation of determining marhun storage fees (ujrah) at BSI does not fully refer to the DSN-MUI Fatwa NUMBER 25/III/2002.
JAMINAN KONSTITUSIONALITAS ATAS KEBEBASAN BERAGAMA DAN BERKEYAKINAN Prabowo, Hendro
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.v8i3.9830

Abstract

This paper aims to provide an analytical comparison of the constitutions of Malaysia, the United States, Germany, and Indonesia, with a particular emphasis on the relationship between religion and belief as stated in their respective constitutional texts. The determination of the four countries above depends on a number of factors, including their legal systems, their level of development, the actors of a nation's attachment, and the state's secularism towards religion and belief. This writing uses a normative legal research method with a comparative approach and a legislative approach. Literature studies are used to collect legal materials and are carried out through searches in libraries and through the Internet. The interpretation method is used to analyze legal materials to understand the meaning of a statutory text. The findings of this study indicate that by establishing general and comprehensive guidelines regarding religion and belief in the Constitution of the Republic of Indonesia and maintaining impartiality towards all religions, Indonesia is sufficient to regulate religious and belief affairs within the framework of its constitution. Therefore, it is very important to implement legislative steps to foster a harmonious and peaceful religious life while eradicating the fundamental causes of blasphemy, as well as intolerance and discrimination in the context of religious beliefs and practices.
PERLINDUNGAN HAK PELAKU USAHA DAN HAK KONSUMEN DALAM PELAKSANAAN REPLANNING KAWASAN PERUMAHAN KOMERSIAL Wibisana, Nicholas Ardy; Hermawan, Ariyanto; Nalle, Victor Imanuel Wiliamson; Anakotta, Marthsian Yeksi
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.v8i2.9007

Abstract

This article discusses the issue of conflict between the rights of business actors to do replanning housing areas regulated in Perwali Surabaya Nomor 52 Tahun 2017 with consumer rights as guaranteed in Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen in relation to the principles of legal certainty, principles of justices and the presence of the state in fulfilling in the rights of its citizens. The research used is normative juridical research using a case approach, statute approach and conceptual approach. The research results show that there are regulatory conflicts in relation to changes that can be made by business actors, especially with regard to PSU, which is also one of the parts that buyers as consumers have rights to. Apart from that, the research results also show that there are various weaknesses in the form of indecisiveness and inconsistency in the use of terminology in both the Housing and Residential Areas Law and the Consumer Protection Law. This proves the importance of improving and harmonizing laws and regulations in order to implement the principle of integration and guarantee the rights of the parties fairly.
SISTEM PEMBINAAN NARAPIDANA LEMBAGA PEMASYARAKATAN DALAM KAJIAN HUKUM PIDANA ISLAM Soliha, Ulfa Safira; A., Zulkarnain M.
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.v8i3.9803

Abstract

Nowadays, the number of crimes or criminality is increasing. This is due to economic factors, low education, and the lack of understanding of the Indonesian people about the laws in their own country. Criminal offenders or prisoners must take responsibility for the actions they have committed, by serving a prison sentence based on a court verdict. This research aims to find out how the prisoner coaching system provided by the Medan Class 1 Correctional Institution is then associated with the prisoner coaching system in the study of Islamic Criminal Law, and the obstacles faced by the Correctional Institution in fostering prisoners. This research method is field research with qualitative research type and empirical juridical or socio legal approach. The results showed that the inmate coaching system at Class 1 Medan Correctional Institution has 2 types of coaching, namely personality coaching and independence coaching, as for the coaching of prisoners in Islamic criminal law, namely: fostering faith values and coaching by means of repentance. Then the obstacles faced by the Correctional Institution are in the coaching activities not a few of the inmates who are lazy to follow the coaching, overcapacity and lack of correctional officers to supervise and control and foster inmates in the Correctional Institution.
KEDUDUKAN PERUSAHAAN MULTINASIONAL SEBAGAI SUBJEK HUKUM INTERNASIONAL Halima, Nazla Haditya; Muhammad, Danang Wahyu
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.v8i1.7817

Abstract

This article aims to analyze the position of multinational corporations as subjects of national law and international law and to analyze the imposition of responsibilities on multinational corporations in unlawful acts. The research method used in this paper is normative juridical by using laws and concepts. Indonesian national law does not specifically regulate national corporate entities. However, it is described through Law Number 40 of 2007 concerning limited liability companies. Whereas in international law multinational companies have been accommodated in various international agreements and conventions as well as international principles. Specific national laws do not regulate multinational corporations. However, it is quite possible to achieve harmony between multinational corporations and states as entities governed by international law. However, Law Number 40 of 2007 concerning Limited Liability Companies (UUPT of 2007) stipulates that the direction is responsible for the management. This is because of the important role and strategic direction as the management of a limited liability company. Meanwhile, the board of commissioners is responsible for overseeing company management policies according to regulations, advising directors on how to manage the company, and approving or assisting directions to take certain actions in terms of equity and business management in emergencies.
PUTUSAN PENGADILAN NOMOR 37/PDT.G/2021/PN PTK TERKAIT WANPRESTASI KREDIT TERHADAP HAK TANGGUNGAN Nurhandayani, Nyemas Tania Kintan; Tiara, Niski
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.v8i3.9848

Abstract

The study was conducted with the aim of analyzing the application of mortgage rights in the context of credit default, as reflected in Court Decision Number 37/PDT.G/2021/PN Ptk. This study uses two approaches to analyze Supreme Court Decision Number 37/Pdt.G/2021/PN Ptk, namely document study and normative approach. Document study focuses on the analysis of copies of court decisions and related legal documents to understand the elements of the case and the applicable legal context. The normative approach is used to evaluate the application of appropriate legal principles and norms, as well as to assess the fairness and effectiveness of court decisions. The results of the analysis found that Court Decision Number 37/PDT.G/2021/PN Ptk provides comprehensive handling of credit default cases by prioritizing the evaluation of evidence and the careful application of legal principles. The judge carefully assesses the violation of the agreement by the debtor, including late payments and inadequate reasons, and considers the arguments of the creditor regarding claims for compensation and mortgage rights. The court also uses mortgage rights as an instrument of protection for creditors to ensure compensation for unpaid debts. Even if the debtor submits reasons such as financial inability as a defense, the judge may reject the argument because it is not sufficiently supportive to release the debtor from liability. By referring to the applicable legal provisions, including the Banking Law and mortgage rights, the judge's decision ensures fairness and legal compliance in enforcing collateral obligations.
THE CONNECTED OF THE SUPREME COURT DECISION NUMBER 109/PK/PDT/2022 WITH THE BASIC AGRARIAN LAW NUMBER 5 OF 1960 CONCERNING EIGENDOM VERPONDING Noor, Aslan; Herlani, Lisa; Fathurrohman, Mohammad Faridz; Lorenza, Melinda; Nurwidianti, Maudy
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.v8i2.8873

Abstract

The aim of this research is to analyze the juridical nature of the Supreme Court's decision regarding Eigendom Verponding. Ownership rights are the strongest and most hereditary land to be enjoyed fully and to control the object freely, unless this can be proven to be reversed. This research used normative research with a statutory approach. The legal materials used were primary legal materials and secondary legal materials, with legal material collection techniques through literature studies and analysis techniques. The research results indicate that judge's considerations deviate from the stipulation outlined well as statutory regulations. The emergence of multiple land ownership rights leads to criminal acts caused by negligence on the part of the land owner or parties who commit fraud, such as parties who acknowledge the land but do not, so the BPN issues a certificate. This proves the importance of creating a new policy regarding land registration through additional evidence. Ownership, and shorten the land registration process so that land owners feel energized about the lengthy process. The importance of policies regarding the formulation of criminal acts regarding certificates issued because so far, many holders of land title certificates have suffered losses as a result of the cancellation of land title certificates, overlapping ownership, and disputes originating from errors in the process.
MAHKAMAH KONSTITUSI DALAM MENEGAKKAN KEADILAN KONSTITUSIONAL DI ERA MODERN Ilham, Muhammad
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.v8i2.9643

Abstract

This research aims to examine the role of the Constitutional Court (MK) in upholding constitutional justice in Indonesia in the modern era using a substantive justice approach. The research method used is normative juridical. The data used is secondary data, obtained from library materials through literature and documentation studies, then analyzed qualitatively. Descriptive data analysis techniques. The results showed that in the concept of "upholding justice" as an effort to achieve substantive justice, the Constitutional Court not only considers evidence and judges' beliefs, but also ensures that the decisions it makes have a positive impact on society. In practice, the Constitutional Court often makes ultra petita decisions, i.e. decisions that go beyond the demands of the disputing parties, to ensure optimal protection of every constitutional and human rights. This gives rise to the idea that the Constitutional Court plays a tactical role in making sure that laws and court rulings uphold procedural and constitutional rights while also promoting the growth of a just and democratic society. The study's key finding is that the Constitutional Court plays a crucial role in upholding social justice and the coherence of Indonesia's constitution in light of the changing needs and dynamics of modern society.

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