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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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Perkembangan Hukum Ekonomi Indonesia Melalui Cyber Notaris Hayun, Hayun; Mashendra, Mashendra; Hasri, Hasirudin; Aulia, Riska
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.v9i1.11335

Abstract

This research aims to analyze the development of Indonesian economic law through the implementation of the cyber notary system. The method used is a normative approach. The data used are legal materials, both primary (legislation), secondary (doctrine, jurisprudence), and tertiary (dictionary, legal encyclopedia), to analyze and interpret legal norms. Data sources include laws and regulations, jurisprudence (court decisions), legal doctrine (opinions of legal experts), and other legal materials such as draft laws and minutes of discussion. The results show that cyber notarization increases the value of electronic documents by legalizing them, for example, in addition to digitizing notary operations. Nevertheless, the implementation of this project will take a considerable amount of time due to the many components that must be prepared. It is stipulated in Article 1868 of the Indonesian Civil Code that an authentic deed is a legal document made before a public official and in a certain form stipulated by law.
Mekanisme Pelaksanaan Restitusi Terhadap Korban Kekerasan Seksual (Studi Komparatif Hukum di Indonesia dan Thailand) Azzahra, Jazmine; Lubis, Muhammad Teguh Syuhada
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.v9i1.11387

Abstract

Sexual harassment constitutes a form of sexual violence that significantly impacts victims, including psychological, physical, and economic aspects. The mechanism of restitution as a means of restoring the rights of victims has been established through various legal provisions in Indonesia, namely Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). Meanwhile, Thailand also regulates restitution mechanisms as a form of victim recovery as outlined in the Child Protection Act of 2546 (2003). However, the implementation of restitution often faces various obstacles, including technical and legal issues. This study aims to examine the mechanisms for implementing restitution for victims of sexual harassment in Indonesia and Thailand, identify emerging obstacles, and present structured proposals for its successful application. Based on normative legal reviews, the study reveals that although regulations are in place, their implementation remains suboptimal due to the lack of inter-agency coordination, limited public legal awareness, and the complexity of calculating compensation for victims. The findings on restitution provisions for sexual harassment victims in Indonesia are regulated through several legal instruments, including Law No. 31 of 2014 in conjunction with Law No. 13 of 2006 on the Witness and Victim Protection Agency, Law No. 12 of 2022 on Sexual Violence Crimes, and Government Regulation No. 35 of 2020 in conjunction with Government Regulation No. 7 of 2018 on Compensation, Restitution, and Assistance for Witnesses and Victims.
Analisis Yuridis Kebijakan Hukuman Mati di Indonesia Zulhilmi, Daffa; Chaidar, Muhamad
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.v9i1.10922

Abstract

The death penalty is the highest form of punishment still applied in Indonesia, especially for serious crimes such as premeditated murder, narcotics, and terrorism. This policy has a clear legal basis in the Criminal Code and a number of special laws. However, its implementation has raised debates regarding its impact on human rights, especially the right to life guaranteed by the constitution. This study aims to examine the legal basis, history and evolution of the death penalty policy, its impact on human rights, and its implementation in the context of law enforcement in Indonesia. This study uses a normative legal method with a legislative, conceptual, and historical approach, as well as qualitative data analysis of primary and secondary legal materials to understand the legal basis, objectives, and implications of the implementation of the death penalty in Indonesia. The results of the study show that although the death penalty has strong legal legitimacy, its implementation faces serious challenges, such as criticism of its effectiveness in preventing crime and potential violations of procedural justice, especially for less fortunate defendants. International pressure has also encouraged Indonesia to consider progressive steps, such as implementing a moratorium or abolishing the death penalty. This study concludes that the death penalty needs to be thoroughly evaluated to be more in line with human rights principles. A moratorium could be the first step in reforming more humane and effective sentencing policies.
Perlindungan Pendapatan Daerah dari Pembayar Pajak Kendaraan yang Mangkir Perspektif Maqashid Syariah Ningrum, Dewa Alyu Sastra; Zulham, Zulham
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11488

Abstract

This study aims to determine the protection of Regional Income from vehicle taxpayers who are absent from the perspective of Maqashid Syariah at the SAMSAT Office. Motor vehicle tax is a fairly large source of income, but some people are still not compliant with tax payments, so that vehicle owners' tax compliance is not optimal. In implementing the Regional Regulation of North Sumatra Province Number 6 of 2018 concerning Regional Taxes, it is also necessary to establish guidelines and procedures for collecting motor vehicle taxes as stated in the Regulation of the Governor of North Sumatra Number 12 of 2019. This study aims to determine the potential income of the Binjai City Government from vehicle taxpayers who are absent, the impact of motor vehicle taxpayers who are absent, and the protection of Regional Income from vehicle taxpayers who are absent when viewed from the perspective of Maqashid Syariah. This type of research is empirical legal research with a statute approach and living case studies. From the perspective of Maqashid Syariah, efforts to protect Regional Income related to motor vehicle taxpayers are the application of the Maqashid Syariah principle, so it is mandatory to protect Regional Income and comply with the payment of motor vehicle taxes.
Nafkah Iddah Bagi Perempuan Pasca Perceraian dalam Perundang-Undangan Rosyida, Ryvina Izza; Maulidiyah, Dwi Faizah; Suherlan, Windy Amanda Siwi
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11506

Abstract

Divorce has various legal consequences, one of which is the obligation to provide iddah maintenance for the ex-wife. Iddah maintenance is the right of divorced women during the iddah period as a form of welfare guarantee after divorce. This study aims to examine the legal provisions related to iddah maintenance in Indonesian legislation, including the Marriage Law, the Compilation of Islamic Law, and court decisions. This study is a qualitative study with a normative legal approach. Women's rights to obtain iddah maintenance after divorce are regulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. The provisions for iddah maintenance are distinguished based on the type of divorce, namely talak raj’i and talak ba’in. In talak raj’i, women have the right to receive iddah maintenance because they are still in the waiting period to remarry. Meanwhile, in talak ba’in, both in the Compilation of Islamic Law and the Law, there are no provisions that clearly regulate iddah maintenance, so women who experience talak ba’in are not automatically entitled to receive it. However, several regulations such as PERMA No. 3 of 2017 provides an affirmation regarding this matter. This study uses a normative legal approach to look at the legal provisions related to iddah maintenance, which still require clarity in protecting women.
Penerapan Hukum Disiplin Prajurit Tentara Nasional Indonesia di Pangkalan Korps Marinir Surabaya Pattiasina, Patrick; Yustitianingtyas, Levina
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.v9i1.11304

Abstract

As the largest archipelagic state, Indonesia possesses a vast maritime territory that is both strategically significant and rich in natural resources but also vulnerable to various global threats. The Indonesian National Armed Forces (TNI), including the Marine Corps under the Navy (TNI AL), play a crucial role in safeguarding national sovereignty and maintaining stability. Discipline among personnel is a key element in ensuring mission success, particularly at the Marine Base (Lanmar) Surabaya, which serves as a vital pillar of maritime defense. Military disciplinary law for TNI personnel is governed by various regulations, including the 1945 Constitution, Perkasal No. 13 of 2024 concerning Commanders Authorized to Impose Disciplinary Actions (Ankum) in the Navy, Perpang TNI No. 11 of 2018, and Perkasal No. 30 of 2018, which provide guidelines for imposing administrative and disciplinary sanctions on personnel. However, disciplinary violations persist, highlighting challenges in implementing these regulations in practice. This study focuses on the application of military disciplinary law at Lanmar Surabaya, analyzing its effectiveness in maintaining professionalism and performance among personnel, as well as identifying obstacles encountered in its implementation. Using a juridical-empirical approach, this research combines primary and secondary data to propose solutions aimed at improving compliance with military disciplinary regulations. The findings of this study are expected to offer strategic recommendations to enhance the operational success of Lanmar Surabaya in fulfilling its national defense mission.
Perlindungan Hukum Bagi Korban Tindak Pidana Terorisme di Indonesia: Tantangan dan Implementasi Nuralam, Yoga Wibawa; Saleh, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11249

Abstract

This study aims to explore the legal protection provided to victims of terrorism in Indonesia, considering its broad impact on individuals and society. Using a normative juridical method, the study analyzes regulations such as Law No. 5 of 2018 and Law No. 13 of 2006, along with relevant legal concepts. The findings indicate that while legal protection includes compensation, restitution, and rehabilitation, its implementation faces challenges in legal, policy, and institutional coordination aspects. This study contributes by identifying key obstacles in regulatory enforcement and proposing strategies to enhance the effectiveness of legal protection through optimized law enforcement mechanisms. The study's limitation lies in its focus on normative analysis without an in-depth empirical examination. Its originality stems from a comprehensive evaluation of the effectiveness of existing regulations and strategic recommendations to improve protection for terrorism victims.
Fiqh Siyasah terhadap Implementasi Pasal 87 UU BUMDes: Optimalisasi Ekonomi Desa Sadar Sriwijaya Kanaya, Aulia Najwa; Firdawaty, Linda; Santoso, Rudi
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.v9i1.11421

Abstract

BUMDes as a source of Village Original Income is a business entity managed by a group of people who are entrusted by the Village Council to improve the village economy and explore its potential systematically for mutual benefit. Village-Owned Business Entities aim to optimize the economy of village residents by building villages and business entities. The purpose of this research is to identify how Article 87 of the BUMDes Law can be utilized to optimize the village economy. The formulation of the problem in this research is the position of the Sadar Sriwijaya Village Government in implementing Article 87 of the BUMDes Law to optimize the village economy, and the use of Fiqh Siyasah analysis in this regard. This research uses a qualitative descriptive method in the field, with information collection through observation, interviews, and recording. Based on the results of the study, the economy of Sadar Sriwijaya Village has been running well, but has not been running optimally due to limited business capital and less than optimal dependence on PAD. In other words, there has been no business development cooperation between BUMDes and villagers.
Kesadaran Hukum Pelaku Usaha UMKM terhadap Pembayaran Pajak Air Permukaan Perspektif Maqashid Syariah Sibagariang, Maya Sari; Rokan, Mustapa Khamal
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.v9i1.11490

Abstract

Tax is the main source of state revenue that is vital to finance public needs and national development. However, the low awareness of taxpayers, including business actors, in paying surface water tax (PAP) causes losses to the national, provincial, and regional treasury. This study aims to analyze the factors that influence business actors not to pay PAP and evaluate their legal awareness through the perspective of Maqashid Syariah. The research method used is empirical law with a quantitative approach. The results of the study indicate that there are four main factors that influence business actors' non-compliance in paying PAP, namely: (1) lack of socialization and understanding of tax obligations, (2) economic problems and high cost burdens, (3) weak law enforcement, and (4) low awareness and legal education. From the perspective of Maqashid Syariah, the legal awareness of business actors in paying PAP must consider the principle of public interest (maslahah). Improvement efforts such as increasing socialization, reducing economic burdens, consistent law enforcement, and increasing legal education are strategic steps to achieve public welfare (al-maslahah al-ammah) and justice. This approach emphasizes the balance between individual rights and social responsibilities, in accordance with the principles of Maqashid Syariah which aims to safeguard public interest (hifz al-mal) and prevent harm (darar). This study provides an original contribution by integrating the perspective of Maqashid Syariah in the analysis of legal awareness of business actors, which has not been widely explored in previous literature. However, this study has limitations, namely the geographical scope is limited to one region, so the findings may not be widely generalized. Recommendations for further research are to expand the scope of the region and involve more variables to deepen the analysis.
Analisis Putusan Pengadilan Tata Usaha Negara No. 118/g/2023/PTUN.MDN terhadap Sertifikat Hak Guna Usaha Perspektif Siyasah Qada’iyyah Rambe, Noni; Khalid, Khalid
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11505

Abstract

Land disputes are complex legal issues that often trigger conflicts in Indonesia. Unclear administrative procedures, lack of legal certainty, and potential violations in the issuance of land certificates by the National Land Agency (NLA) often prolong disputes. This raises questions about the extent to which the judicial system can provide legal certainty and justice to the parties involved in the dispute. This study aims to examine the decision of the Medan PTUN Number 118/G/2023/PTUN.MDN regarding the dispute over the issuance of the Land Use Rights Certificate (LUR) between Abdullah Hasibuan and PT. Nubika Jaya. This study analyzes the judge's considerations in making the decision and reviews its compliance with the principles of fiqh siyasah, especially siyasah qada'iyyah. This study uses normative legal research methods with a statutory, analytical, and case approach. The results of the study indicate that the court considered that the certificate issued by the National Land Agency (NLA) was in accordance with applicable legal procedures, and no administrative legal defects were found.  This decision shows that in resolving land disputes, the principle of legal certainty and protection of legitimate rights holders is the main priority. Meanwhile, from the perspective of fiqh siyasah, especially siyasah qada'iyyah, this decision is consistent with the principles of justice ('adl) and legal certainty (istiqrar al-hukm). Although there are differences in the interpretation of the principles of good governance, justice in Islamic courts must consider the interests of all parties involved, including those who feel disadvantaged by administrative decisions.

Page 27 of 56 | Total Record : 555

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