cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rochmat Aldy Purnomo
Contact Email
purnomo@umpo.ac.id
Phone
-
Journal Mail Official
legalstanding@umpo.ac.id
Editorial Address
-
Location
Kab. ponorogo,
Jawa timur
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
 23   24   25   26   27 
DISHARMONISASI KEPOLISIAN DAN KEJAKSAAN DALAM PENERAPAN KEADILAN RESTORATIF UNTUK PENYELESAIAN PERKARA PIDANA kapitan, Rian Van Frits
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.v8i3.9096

Abstract

This research focuses on the form of disharmony in the implementation of restorative justice by the Police and Prosecutor's Office in resolving criminal cases. Forms of disharmony in the application of restorative justice by the Police and the Prosecutor's Office in resolving criminal cases are: first, the application of restorative justice by the Police is only aimed at the actions of perpetrators who are not classified as repeat criminal acts based on court decisions, while the Prosecutor's Office requires that restorative justice be applied if the suspect commits it for the first time. criminal act. Second, the Police do not provide limits regarding the threat of punishment for criminal acts that can be resolved through the application of restorative justice, while the Prosecutor's Office explicitly determines that criminal acts that can be closed by law or whose prosecution is terminated are criminal acts that are only punishable by a fine or not punishable by imprisonment. more than 5 (five) years and thirdly, the Prosecutor's Office sets a limitation that criminal acts that can be resolved using restorative justice must be criminal acts with the value of evidence or not. The crime results in a loss value for the victim of no more than Rp. 2,500,000.00 (two million five hundred thousand rupiah) while the Police do not set a limit on the value of evidence and the value of losses experienced by the victim as a condition for terminating the investigation and the investigation using restorative justice.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENIPUAN DALAM TRAKSAKSI ELEKTRONIK Indiantoro, Alfalachu; Firdausi, Ulya Shafa; Febriansyah, Ferry Irawan; Qurata, Azhar; Isnandar, Aries
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.v8i1.8784

Abstract

One of the major developments in legal technology is the use of computerized information and case management systems. Fraud in electronic/online transactions is basically the same as fraud in general. Electronic transactions refer to the process of buying and selling, services, goods or information through the internet network media. Here are a few; Inappropriate products, price discounts, free shipping services, special events, fake accounts / fake accounts / falsified identities. Normative Legal Research is a legal research method used to collect data and analyze literature. Normative legal research focuses on positive legal principles with the discipline of studying legal doctrine and analyzing certain legal cases. Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) and Law Number 19 of 2016 concerning Amendments to the ITE Law are relatively new legal regulations. In the context of using the internet, information networks and electronic transactions, it is mandatory to comply with the provisions in the ITE Law Article 3. Fraud in electronic transactions can result in civil and criminal law consequences. In civil law, perpetrators of fraud can be forced to compensate victims. On the other hand, in criminal law, perpetrators of fraud can face criminal penalties in accordance with applicable regulations. It is very important to adhere to principles such as good faith, fairness, etc. when engaging in an electronic transaction. In addition, maintaining the principle of vigilance is very important for sellers when shipping goods and for buyers when sending payments to minimize the risk of fraud.
ANALISIS KRIMINALISASI PENGGUNA JASA PROSTITUSI DALAM MEMINIMALISIR PRAKTEK PROSTITUSI Mariyam, Siti; Satria, Adhi Putra
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.v8i2.9219

Abstract

This article aims to examine and analyze the phenomenon of prostitution services and evaluate the effectiveness of criminalizing users of prostitution services in reducing current prostitution practices. The article is written using a legal, empirical, and comparative approach, with data based on secondary sources. The analysis results indicate that prostitution can be fundamentally interpreted as the commercialization of sexual relationships, where an individual provides sexual services to another in exchange for money. In the present era, many studies emphasize the significant meaning of criminalizing users of prostitution services, as exemplified by the measures taken in Sweden. However, despite Sweden's attempt to criminalize by imposing fines on users of prostitution services, the practice of prostitution persists. Criminalization can lead to new issues, such as the emergence of human trafficking practices and an increase in the spread of HIV due to inadequate supervision of covert prostitution practices.
EFEKTIFITAS PENEGAKAN HUKUM TINDAK PIDANA RINGAN DI KOTA BATAM Tantimin, Tantimin; Febriyani, Emiliya; Pertiwi, Putri Nada
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.v8i1.8265

Abstract

The effectiveness of law enforcement is a crucial aspect in analyzing the performance of a country's legal system. The level of success in preventing law violations and creating a deterrent effect for potential criminals can be used as an indicator of effectiveness, both through existing legal theory and empirical approaches to law enforcement for minor crimes in accordance with applicable laws. The aim of this research is to identify the effectiveness of law enforcement against minor crimes in Batam City. The research method applied is the Empirical Legal Method, with data collection carried out through in-depth interviews with law enforcement officials, and researchers who are the key instruments for analyzing data accurately. The results of this research indicate that law enforcement against minor crimes in Batam City is in accordance with applicable operational standards. Analysis through interview data and a legal effectiveness theory approach shows that law enforcement against minor crimes in Batam City can be considered effective. These findings provide a clear picture of the achievement of law enforcement standards and their effectiveness, in accordance with relevant legal aspects.
KAJIAN VIKTIMOLOGI TERHADAP PERKARA KEKERASAN FISIK DALAM RUMAH TANGGA (STUDI PUTUSAN PN YOGYAKARTA DAN PN SLEMAN) Zhafarina, Adlia Nur
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.v8i2.9051

Abstract

Unequal power relations between husband and wife can lead to domestic violence, such as physical abuse, which is a form of gender-based violence, that 95% of the victims are women. Based on the annual records of the National Commission on Violence Against Women which collect data from service institutions, physical abuse is the type of violence that occurs most frequently in 2019-2022. In this research, cases of physical abuse in domestic sphere that have been decided by the Yogyakarta District Court in 2019 and the Sleman District Court in 2019 and 2020 will be studied, so that the trend pattern of domestic violence cases in the Yogyakarta District Court and the Sleman District Court can be described and presented, as well as victimology study of these cases so that it can illustrate how the process of victimization of victims can occur. Furthermore, this type of research is normative legal research which is carried out by examining secondary data with a case approach. This research find that the trend pattern of domestic violence cases in the Yogyakarta District Court and the Sleman District Court in 2019-2020 based on court decisions examined in this research shows that the majority of perpetrators of physical abuse are husbands and the victims are wives. The presence of another woman or man in a household is what dominates the cause of jealousy and suspicion in the husband or wife which results in arguments and leads to violence. The process of victimization of victims can occur due to unequal power relations between husband and wife which ends in violence. In this case, unequal power relations are the main causal factor in the occurrence of domestic violence, while the presence of another woman or man in a household is the triggering factor for arguments that lead to domestic violence in the majority of cases in the decisions of the Yogyakarta District Court and the Sleman District Court.
PENYALAHGUNAAN SURAT PERNYATAAN PENGUASAAN FISIK DALAM PELAKSANAAN PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP Muhammad, Yazied Fahma Wijaya; Amiludin, Amiludin
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.v8i3.9822

Abstract

The problem of misuse of the Physical Control Statement Letter (SPPF) in the Complete Systematic Land Registration (PTSL) Program promoted by the government has caused many losses to land rights owners. The writing of this journal is intended to provide education for the public so that they can find out the causes and impacts of misuse of physical possession statement letters (SPPF) in the Complete Systematic Land Registration (PTSL) program, as well as the legal impacts that occur due to misuse of these letters. This journal adopts the Normative Juridical method with an Explorative approach and uses a qualitative analysis technique using primary legal materials, secondary legal materials and tertiary legal materials and the collection technique uses data from literature review. The findings obtained from the results of this study indicate that the misuse of the physical possession letter (SPPF) is due to the vulnerability in the PTSL Law which in this case provides relief for applicants in the Complete Systematic Land Registration (PTSL) program who do not have or do not complete their files as the basis for the right to register the land they own or control can still register their land by using a physical possession statement letter (SPPF). This can have an impact on uncertainty and legal guarantees and can create conflicts over land ownership in the future. In addition, the perpetrators of the misuse of the letter can also face penalties in terms of civil, criminal and administrative matters.
Tinjauan Hukum Pidana Islam terhadap Pelaku Pemerkosaan Mayat Azizi, Al-Yafie; Iwan, Iwan
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11323

Abstract

The criminal act of necrophilia is a rare phenomenon but has serious implications for the dignity of the deceased and human values. This study is motivated by the legal void in Indonesia’s Criminal Code (KUHP), which does not explicitly regulate this crime. However, the Draft Criminal Code (RKUHP) has begun to include provisions addressing inhumane treatment of corpses, including necrophilia. From the perspective of Islamic criminal law, this act is considered a severe violation of the sanctity of the deceased and religious values. The aim of this study is to examine the crime of necrophilia from the perspective of Islamic criminal law to provide theoretical insights and propose alternative legal regulations relevant to Indonesia. The study employs a normative juridical research method, using a statutory approach and an analysis of Islamic legal doctrines, particularly principles of ta'zir, diyat, and interpretations by Islamic scholars concerning the dignity of the deceased. The findings reveal that while Islamic criminal law does not explicitly regulate necrophilia, this act is classified as a serious offense violating the sanctity and dignity of the deceased. Punishments include ta'zir, which is left to the discretion of judges, and diyat as compensation to the victim's family. The study concludes that both Indonesia's positive law through the RKUHP and Islamic criminal law regard necrophilia as a grave offense requiring clear legal provisions and strict punishment. This research recommends strengthening legal regulations to protect the dignity of the deceased while reflecting the values of justice and humanity.
Kepastian Hukum Atas Status Tanah Adat Setelah Berlakunya Undang-Undang Pokok Agraria Zahra, Mutia; Priyono, Ery Agus
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.10973

Abstract

On September 24, 2024, the Basic Agrarian Law (UUPA) was enacted and implemented, which is the main legal basis for land regulation in Indonesia. Before the UUPA was enacted, land regulations in Indonesia were still based on unwritten customary law and Western civil law inherited from the colonial era. In practice, many Indonesian people control land based on customary law, which often does not have valid written evidence to show ownership rights. Therefore, regulations regarding land rights are still often complicated and prone to disputes. The UUPA is present as an implementation of Article 33 paragraph (3) of the 1945 Constitution which mandates that the earth, water, and natural resources must be controlled by the state and used as much as possible for the prosperity of the people. The main objective of the UUPA is to create a just and prosperous society, as well as to provide legal certainty regarding land ownership and provide protection to people who have ownership rights to customary land, the UUPA allows the conversion of ownership rights to customary land into ownership rights in accordance with the provisions of the UUPA. The process of proving land rights in the UUPA can be done in several ways, such as land registration followed by the issuance of a land certificate, the issuance of a Land Rights Certificate (SKHAT) by the Village Head or Lurah which is authorized by the Sub-district Head, and also with physical control of the land which is proven by the existence of plants or buildings on the land. Through the UUPA, the government plays a role in equalizing land distribution and improving natural resource management, as part of agrarian reform. This is important to create a fairer and more equitable land ownership system throughout Indonesia.
Perlindungan Hukum Terhadap Hak Pekerja Kontrak dalam Pemutusan Hubungan Kerja Hasan, Fuad; Abadi, Suwarno
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11128

Abstract

In Indonesia, the legal protection of workers includes two basic aspects, namely protection from the power of the employer and protection from government action. Legal protection from the power of the employer is implemented if the regulations on labor are implemented by all parties. The purpose of providing legal protection to workers is to create good working relationships and ensure that the rights of workers are implemented and can be fully received in accordance with applicable regulations and labour agreements. The research method used normative juridical research with a statutory approach and conceptual approach. Basically, this employment agreement contains the rights and obligations of the parties, in this case employers and employees. In labor relations, legal protection aims to avoid the arbitrariness of one of the parties. Factors affecting legal protection of workers' rights due to termination of employment include the fact that there are still many business actors who do not carry out their obligations to provide rights to workers in accordance with applicable regulations. Protection related to the rights of workers affected by termination of employment has been regulated in Law Number 6 Year 2023, namely the fulfillment of workers' rights consisting of severance pay, long service pay, and compensation pay that should be received in accordance with the length of service in the company concerned.
Putusan Pengadilan Tata Usaha Negara Nomor 115/G/2023/PTUN.MDN tentang Pembatalan Sertifikat Hak Milik Perspektif Fiqh Siyasah Dalimunthe, Ahmad Nawawi; Ramadani, Ramadani
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.11296

Abstract

Although land certificates serve as official documents that validate ownership rights, cases of land disputes and violations still often occur. Many individuals face challenges in defending their rights due to the lack of legal protection or the presence of parties who try to harm them. The purpose of this study is to determine how the decision of the state administrative court number 115/G/2023/PTUN.MDN regarding the cancellation of the certificate of ownership rights from the perspective of fiqh siyasah. This study uses a normative legal research method. The results of the study indicate that the PTUN Decision to cancel the Certificate of Ownership Rights (SHM) in the name of Parulian Damanik is contrary to applicable legal procedures and the principle of justice in fiqh siyasah, because the certificate was issued legally by the BPN and has a clear legal basis. Cancellation without evidence of administrative defects causes legal uncertainty, which violates the principle of legal certainty and the government's responsibility to protect individual rights transparently and fairly. This study includes a limited focus on one PTUN case, without expanding the analysis to other similar cases, as well as limited access to supporting documents from related parties. This study is based on the use of the fiqh siyasah approach in analyzing PTUN decisions, which is rarely discussed in the context of modern Indonesian law, and its emphasis on the impact of court decisions on legal uncertainty and justice in land administration. This study contributes to offering a new perspective on the relationship between state law and fiqh siyasah in maintaining individual rights to land.

Page 25 of 56 | Total Record : 555

 23   24   25   26   27 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 10 No. 1 (2026): Legal Standing Vol. 9 No. 5 (2025): Legal Standing Vol 9, No 4 (2025): Legal Standing Vol. 9 No. 4 (2025): Legal Standing Vol 9, No 3 (2025): Legal Standing Vol. 9 No. 3 (2025): Legal Standing Vol 9, No 2 (2025): Mei-Agustus Vol. 9 No. 2 (2025): Mei-Agustus Vol. 9 No. 1 (2025): Januari-April Vol 9, No 1 (2025): Januari-April Vol. 8 No. 3a (2024): September-Desember Vol 8, No 3 (2024): September-Desember Vol 8, No 3a (2024): September-Desember Vol. 8 No. 3 (2024): September-Desember Vol. 8 No. 2 (2024): Mei-Agustus Vol 8, No 2 (2024): Mei-Agustus Vol. 8 No. 1 (2024): Januari-April Vol 8, No 1 (2024): Januari-April Vol 7, No 2 (2023): September Vol. 7 No. 2 (2023): September Vol 7, No 1 (2023): Maret Vol 6, No 2 (2022): September Vol 6, No 1 (2022): Maret Vol 5, No 2 (2021): September Vol 5, No 1 (2021): Maret Vol 4, No 2 (2020): September Vol 4, No 1 (2020): Maret Vol 3, No 2 (2019): September Vol 3, No 1 (2019): Maret Vol 2, No 2 (2018): September Vol 2, No 2 (2018): September Vol 2, No 1 (2018): Maret Vol 1, No 2 (2017): September Vol 1, No 2 (2017): September Vol 1, No 1 (2017): Maret Vol 1, No 1 (2017): Maret More Issue