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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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Fatwa MUI Nomor 83 Tahun 2023 Terkait Pemboikotan Produk Israel (Tinjauan Aspek Ekonomi, Sosial Dan Politik) Syam, Syafruddin
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.v9i1.11140

Abstract

This study aims to analyze the implementation of the Indonesian Ulema Council (MUI) Fatwa Number 83 of 2023 concerning the boycott of Israeli products, with a focus on its impact in North Sumatra Province from economic, social, and political aspects. The research method used in this study is qualitative using a legal sociology approach. The data sources used are primary data and secondary data with data collection methods, namely literature review and interviews. The results of the study obtained indicate that the MUI fatwa Number 83 of 2023 concerning the boycott of Israeli products, viewed from an economic aspect, has the potential to reduce the income of Israeli companies that rely on exports to international markets, including Indonesia. From a social aspect, this boycott is a manifestation of concern for the suffering of others and support for their struggle. From a political aspect, this fatwa has several implications, specifically support for Palestine. This study is expected to contribute to the understanding of the interaction between ulama fatwas, public policy, and public response in the context of sensitive international issues.
Sanksi Pelaku Murtad dalam Perkawinan yang Masih Tinggal Bersama Perspektif Hukum Pidana Islam Mubarok MR, Husni
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.v9i1.11319

Abstract

Apostasy in Islam is considered a serious offense generally punishable by death. However, its application becomes complex when the apostate remains in a marital relationship, living with their spouse and children, thus raising legal dilemmas concerning family protection and the enforcement of sanctions under Islamic criminal law. This study aims to analyze the Islamic criminal law sanctions against apostates who continue to live with their families. Using a normative juridical method, the study examines the legal provisions from various sources, including the Qur’an, Hadith, and ijma’ (consensus of scholars). The findings reveal that the death penalty applies to apostates who leave Islam with the intention of opposing and destroying it. However, for individuals who apostatize but remain committed to protecting their family, the death penalty is deemed irrelevant. In such cases, a more prioritized approach involves counseling and efforts to bring them back to Islam. If these efforts fail, alternative sanctions such as ta’zir can be applied, including flogging, detention, fines, or reprimands, along with additional penalties such as asset freezing. In conclusion, under Islamic criminal law, apostates who maintain marital ties and live with their family are not subjected to the death penalty unless their apostasy is accompanied by hostility towards Islam and a desire to destroy it, as clarified in the historical development of Islamic law.
Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi Maulana, Adam Afin; 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.v9i1.11179

Abstract

Patents play a strategic role in the development of the pharmaceutical industry as a mechanism for protecting drug innovation that drives research and development. In Indonesia, patent protection provides a legal basis to ensure exclusive rights to commercialize inventions, guarantee returns on investment, and facilitate the creation of innovative, safe, and quality pharmaceutical products. However, there is a tension between patent protection and the need for public access to affordable medicines. This article aims to analyze the role of patent protection in driving pharmaceutical innovation while evaluating its impact on the sustainability of the industry and public accessibility in Indonesia. This study uses a descriptive analytical method through a review of literature and secondary data relevant to the issues of patent protection, pharmaceutical innovation, and drug access in Indonesia. The analysis was conducted to identify the potential and challenges of implementing the patent system, as well as policies that can balance the need for innovation with public health interests. The results of the study show that although patents are able to attract investment and increase the competitiveness of the Indonesian pharmaceutical industry in the global market, their monopolistic nature often leads to increased drug prices, limiting access for vulnerable groups. Policies such as compulsory licensing can be a solution to ensure the production of generic drugs without neglecting innovation protection. With a balanced approach between intellectual property protection and equal access to essential medicines, Indonesia has the potential to build a sustainable pharmaceutical industry that is able to compete globally while meeting the health needs of its people.
Prosedur Penanganan Hukum Anak Pelaku Tindak Pidana Narkotika: Perbandingan Hukum Indonesia-Thailand Sembiring, Kirensi; Abduh, Rachmad
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.v9i1.11097

Abstract

This research aims to explore the sentencing regimes applied to child offenders in the context of narcotic crimes in Indonesia and Thailand, as well as conduct a comparative study on the legal handling procedures applicable in both jurisdictions. Children represent the demographic with the highest prevalence of narcotic use globally. The normative framework in Indonesia is constructed through specific legislative instruments, namely the Republic of Indonesia Law No. 35 of 2009 regarding Narcotics and the Republic of Indonesia Law No. 11 of 2012 governing the Child Criminal Justice System. In the context of Thailand, related regulations are implemented through the Narcotic Act B.E 2522 and Juvenile Court B.E 2494. Narcotic abuse can be perceived as a crime without victim (crime without victim). This terminology indicates that this illegal activity does not produce external suffering, but rather the perpetrator themselves experiences detrimental consequences. This study is a library research with a normative approach, using documentary study methods to collect information and analyzed through qualitative interpretive procedures. The investigation results reveal that the legal regimes in Indonesia and Thailand apply a rehabilitative approach, both through non-institutional and institutional interventions, with the primary focus on protecting the rights of children involved in criminal acts.
Tindak Pidana Money Politics Ditinjau dari Hukum Pidana Islam Hanafi, Hanafi; Sitepu, Rajin
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.v9i1.11320

Abstract

Politics and Islam are two concepts that cannot be separated, as Islam provides guidance for all aspects of life, including political and state affairs. In Indonesia, the practice of "Money Politics" or commonly referred to as "serangan fajar" has become a widespread phenomenon in various general elections. This phenomenon involves the strategy of giving money or basic necessities by the campaign teams of candidates to the public in exchange for their votes. This practice raises various issues from moral, legal, and justice perspectives. Therefore, this study aims to analyze Money politics from the perspective of Indonesian law using a critical theory approach, as well as from the perspective of Islamic law through a normative religious theory approach. This research employs a normative juridical method, examining relevant regulations and sources of Islamic law to provide an understanding of the impact of Money politics on the legal system and political ethics. The findings indicate that Money Politics  contradicts the principles of justice and integrity, both in Indonesian positive law and Islamic teachings. In conclusion, despite the persistence of this practice, there is a need for strengthening moral and legal values to create a cleaner and fairer political system.
Pembatasan Kepemilikan dan Penguasaan Lahan Rumah Tinggal Ditengah Pembangunan Komoditas Investasi Ruska, Afdhal -; Jaya, Febri; Tan, Winsherly
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.v9i1.11180

Abstract

This study highlights the importance of restricting residential land ownership and control in Indonesia because land is a capital asset. This study examines the social and economic impacts of this phenomenon, focusing on the Basic Agrarian Law, and provides policy recommendations to address the conflicts and inequalities that arise. This study uses a normative legal method. The results of the study show that the authorities of the Republic of Indonesia have attempted to restrict ownership and management of land rights for residential purposes, but these efforts have not been fully effective and clearly regulated in one law. The solution to restrict this is to create legal regulations that consider legal provisions and consider philosophical, legal, and sociological bases. The limitations of this study's findings lie in the lack of elaboration of the actual implementation of efforts to restrict residential land ownership and control in Indonesia, as well as the lack of analysis of the specific obstacles faced by the authorities in implementing them. In addition, recommendations for creating new legal regulations are still general in nature and do not include concrete mechanisms or steps to integrate philosophical, legal, and sociological aspects into regulations. However, the originality of this study lies in emphasizing the importance of a holistic approach in formulating policies, which considers not only the formal legal dimension, but also social values and the philosophy of justice in dealing with land as an investment commodity. This finding provides a significant contribution to the discourse on policy reform related to land ownership, especially in the context of facing pressure from the investment market.
Dampak Penggunaan Layanan Pinjaman Online dan Perlindungan Hukum Terhadap Konsumen Prayuti, Yuyut; Syifa, Hilda Ainis; ZA, Nanang Fahruddin
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.v9i1.10620

Abstract

Online loans are financial institutions that provide loans and borrowing of funds through digital technology. This study aims to examine the impact of using online loan services and the legal protection applied to online loan consumers. This study uses a normative legal method with a qualitative approach. The data used are secondary data obtained from laws and regulations, legal doctrine, related literature, and jurisprudence. Data collection techniques are carried out through document studies, while data analysis is carried out qualitatively by interpreting and connecting relevant legal data to examine legal protection for online loan consumers. The results of this study indicate that the use of online loans by consumers has positive and negative impacts. One of the positive impacts is providing significant economic development for the community and the negative impact is high interest rates. Legal protection for online loan consumers is regulated in the Financial Services Authority Regulation (POJK) Number 2 of 2023 which includes protection of assets, privacy, and consumer data; obligations and prohibitions for consumers and online loan actors; collection mechanisms carried out by online loan actors to consumers; and so on.
Analisis Peraturan Pejabat Pembuat Akta Tanah (PPAT) Perspektif Kepastian Hukum di Indonesia Al-Asyari, Shella Virgina Umma; Yunanto, Yunanto
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.v9i1.11289

Abstract

This research is motivated by the importance of the role of Land Deed Officials (PPAT) in the land law system in Indonesia which requires high standards of integrity and professionalism. The problems that arise in the regulation of temporary dismissal of PPAT due to violations, the absence of clear boundaries, resulting in legal uncertainty. The purpose of this study is to analyze the regulation of temporary dismissal of PPAT due to violations, in order to realize legal certainty in Indonesia. The formulation of the problem of this research is to what extent the regulation of temporary dismissal of PPAT due to disgraceful acts has fulfilled the principle of legal certainty. The research method used is normative juridical, with a statutory approach, analysis of various relevant legal literature. The results of the study indicate that the regulation regarding violations that can result in temporary dismissal of PPAT needs to be given clear boundaries. Ensuring that these regulations are in line with the applicable principle of legal certainty, as applied to other public offices in Indonesia. The existence of clear boundaries is expected to create clarity in the application of the law, thus providing adequate legal protection for PPAT in carrying out their duties.
Tinjauan Yuridis Tentang Dispensasi Perkawinan di Indonesia Ariyanti, Siska; Kusnadi, Sekaring Ayumeida
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.v9i1.10924

Abstract

Child marriage in Indonesia is a complex issue with socio-cultural dimensions and human rights violations. Although Law No. 16/2019 stipulates that the maximum age of marriage is 19 years old, the implementation of the child marriage recognition system still allows minors to marry due to pregnancy outside of marriage or due to social pressure. The purpose of this study is to evaluate the legal analysis of legislation related to the exclusion of the age of marriage and its implementation. The method used is normative research with a legal conceptual approach. The findings show that despite strict regulations, gaps in the exemption application process continue to create the potential for child marriage. Therefore, measures are needed to tighten the procedure, such as raising the minimum age limit, implementing additional documentation requirements, and making marriage counseling mandatory. This tightening is expected to protect children's rights, raise public awareness of the negative impacts of early marriage, and increase interest in education and mental preparation before marriage.
Pertanggungjawaban Hukum Orang Tua dalam Tindak Pidana Inses Putri, Dina Wanda Setiawan; Kusnadi, Sekaring Ayumeida
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.v9i1.10941

Abstract

This study aims to examine the legal responsibility of parents in incest crimes in Indonesia and to evaluate the effectiveness of existing laws and regulations in preventing and handling these crimes. This study uses a normative legal approach with legislative and conceptual research methods. The main data sources are primary legal materials, such as Article 8 of Law Number 1 of 1974 concerning Marriage and Article 76D of Law Number 35 of 2014 concerning Child Protection, as well as secondary legal materials in the form of literature, journals, and other related documents. Data collection techniques are carried out through document studies, while data analysis is carried out in a normative legal manner to understand, criticize, and interpret applicable legal regulations. This study found that although existing regulations have prohibited and criminalized incest, such as in Article 8 of the Marriage Law and Article 76D of the Child Protection Law, the sanctions applied are considered not strict enough to provide a deterrent effect. The application of castration and the installation of electronic chips, as regulated in the Child Protection Law, has also raised controversy regarding human rights. This study emphasizes the importance of strengthening the legal system through revision of laws that provide more effective sanctions and include comprehensive protection for incest victims. The originality of this study's findings lies in the critical analysis of legal loopholes in legislation and recommendations for restorative justice-based solutions that have not been widely reviewed in previous studies.

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