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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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KEBEBASAN BERSERIKAT DAN BERKUMPUL DALAM PERSPEKTIF HAK ASASI MANUSIA Tarmudi, Tarmudi; Widagdo, Gatot Subroto; Putra, Rengga Kusuma; Saragih, Geofani Milthree; Amelia, Risky
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10654

Abstract

This study aims to analyze freedom of association and assembly from a human rights perspective, and explore the challenges faced in its implementation in various countries. The scope of the study includes a review of various cases of violations of the right to freedom of association and assembly, both in countries with democratic and authoritarian systems. In addition, this study will also discuss the role of international organizations and civil society in promoting and protecting these rights. This study will not only discuss the theory and basic principles of freedom of association and assembly, but will also dig deeper into how these rights are implemented in practice, the challenges faced, and steps that can be taken to strengthen the protection of these freedoms throughout the world. This study is expected to make a significant contribution to understanding the complexity of freedom of association and assembly and its impact on human rights as a whole. This study uses a qualitative approach with a case study design. The qualitative approach was chosen because it allows researchers to dig deeper into freedom of association and assembly in the context of Human Rights (HAM).
Perlindungan Hukum bagi Tenaga Medis dan Tenaga Kesehatan dalam Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan Prayuti, Yuyut; Kusumah, Yuda; Abidin, Zaenal
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.v9i2.11760

Abstract

The current position of patients, which can be said to be equal to healthcare professionals, makes healthcare providers unable to ignore regulations that may conflict with criminal, civil, and administrative law. In cases of malpractice, patients can directly report and demand accountability. The problem in this research is that healthcare providers, healthcare professionals, and medical personnel can face legal consequences if proven to have provided healthcare services that do not comply with existing Professional Standards and Standard Operating Procedures. This research uses a normative juridical research method, relying on primary data sources in the form of laws and regulations related to the problem, namely Law No. 17 of 2023 concerning Health, Law No. 36 of 2014 concerning Health Workers, and Law No. 44 of 2009 concerning Hospitals. Secondary data sources include books, professional codes of ethics, law journals, theses, and dissertations that provide guidance and explanations regarding primary data sources. In Law Number 17 of 2023 concerning Health, Article 273 provides legal protection for healthcare professionals and medical personnel who perform medical actions in healthcare services as long as they comply with professional standards, professional service standards, Standards operational procedure, and professional ethics. It also seeks to resolve disputes resulting from negligence outside of court. This research is limited to a normative legal analysis, focusing on laws and regulations without empirical validation from case studies or direct interviews with affected professionals and patients. The study also does not explore international comparative law, which may provide broader insights into malpractice accountability.
PERLINDUNGAN HUKUM SERTA BATASAN HUKUMAN OLEH GURU KEPADA MURID DALAM PELAKSANAAN PENDIDIKAN Mansur, Moch; Mangar, Irma; Kholifah, Ummu Nur
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10485

Abstract

In a review of recent empirical studies and research to assess whether punishment actually helps create a better learning environment or actually contributes to deeper behavioral problems. The impact of punishment on students psychologically and emotionally. The focus includes the short-term and long-term implications of harsh and inappropriate punishment on students' mental development and psychological well-being. This normative-empirical legal research method is basically a combination of a normative legal approach with the addition of various empirical elements. The government's efforts to protect educators in their work are referred to as legal protection for teachers. This includes protection in the fields of law, welfare, education, and society. In its implementation, punishment must be proportional to the violation or mistake made by the student. Punishment that is too severe or disproportionate to the violation can be considered unfair and can affect students' relationships with school and learning.
Penerapan Kewajiban Notaris dalam Memberikan Pelayanan Hukum bagi Pihak Kurang Mampu Sectiona, Wiky; Hafidh, Muhammad
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.v9i2.11376

Abstract

In Indonesia, the Notary profession is a legal entity that has the authority to provide legal services according to the law. This authority is stated in Law of the Republic of Indonesia No. 2 of 2014 and No. 30 of 2004. However, notaries are not only responsible for providing legal services to the rich but also to the poor, in accordance with the principle of social justice. This study aims to analyze the application of notary law in providing legal services to the poor and to identify the challenges faced by notaries in their work. The research method used is Normative Jurisprudence or library legal research method, namely reviewing laws and regulations related to notary obligations, such as the Notary Law (UUJN), the Regulation of the Minister of Law and Human Rights, as well as the notary code of ethics and relevant case studies regarding notary obligations to provide legal services. The data obtained will be analyzed using a descriptive-qualitative method, namely by describing, interpreting and concluding the results of the study based on the data collected. The results show that although the obligation of notaries to provide legal services for the underprivileged has been regulated by law, its implementation still faces various obstacles. Strengthening of regulations, incentive systems, and better supervision are needed so that these services can truly be enjoyed by the people in need.
PENGATURAN RETUR BARANG OLEH PIHAK EKSPEDISI PADA APLIKASI SHOPEE PERSPEKTIF MAQASHID SYARI’AH Afifah, Fauziyyah; Hidayat, Rahmat
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10820

Abstract

The popularity of online buying and selling transactions on the Shopee app allows you to shop without having to visit a store or market centre. However, this cannot be separated from the problem. Some of these issues include unsuccessful courier delivery due to damaged products, inaccurate address, and inability to reach the buyer during the delivery process. Failed delivery results in the products being returned to the seller by the expedition in accordance with Shopee policies. Objective This research demonstrates how to give legal protection for customers. Return of goods by the expedition party via the Shopee app. And to find out Consumer protection procedures for the return of items by the expedition party on the Shopee application, reviewed from maqashid shariah. This study seeks to determine the manner of control of unilateral returns of items by expeditions, as well as the idea of consumer protection, from a Maqashid Syari’ah perspective. The research methodology is empirical law with a living case studies, statute, and conceptual approach. Results This study explains that the courier violated the principles of good faith and default as regulated in Article 1338 paragraph (3) of the Civil Code and Article 7 letter an of the Consumer Protection Law, allowing consumers who have been harmed to seek compensation for the costs of ordering goods from Shopee, a business actor that provides marketplace services. Consumer protection against material losses is the application of according to the principle of Hifz al-Mal (property protection), Shopee is required to give a guarantee of compensation for the return of items by the expedition.
Sanski Hukum Bagi Pelaku Hiperseks yang Mengakibatkan Kekerasan Dalam Rumah Tangga (KDRT) Yasmin, Aliya; Lubis, Syaddan Dintara
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.v9i2.11500

Abstract

Sexual urges that are very strong and challenging to control are reflected in hypersexuality, which can result in coercion, pressure, or even violent behavior. It can be difficult to recognize and address incidents of domestic violence involving hypersexual behavior. Because sociological juridical normative legal studies explore the meaning of hypersex, hypersexual variables, related cases, and hypersex, these findings help in building legal arguments. The hope is to maintain the welfare of every family member and build a family atmosphere free from sexual violence. Legal writing is included in the category of sociological jurisprudential normative legal research, trying to investigate legal penalties for those involved in hypersexual behavior that leads to sexual violence. Legal norms are the subject of the analysis of the internal perspective of this legal method. Legislation relating to the crime of sexual violence is secondary data referred to by this study. The findings of this study indicate that the elements of punishment for perpetrators of hypersex based on criminal law are a single/imperative formulation system, an alternative formulation system, and a cumulative formulation system. While based on Islamic criminal law, ta'zir punishment is a sanction that can be given to those who commit violations including sexual violence. In addition, the type of ta'zir punishment also differs depending on the choice of the government judge or ulul amri based on ijtihad.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA DENGAN STATUS NIKAH SIRI Yuliyani, Allya Putri; Rasji, Rasji
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10612

Abstract

Siri marriage is a marriage that is carried out under the hand or secretly, the reason someone does a siri marriage is usually because they want to avoid adultery, are pregnant outside of marriage, or the man does not want to register their marriage. As a result of this siri marriage, the marriage can be terminated easily, besides that violence against family members is also very vulnerable because the marriage does not have legal force. However, in some cases there are cases of domestic violence in siri marriages that get protection from the PKDRT Law, this makes legal uncertainty in the enforcement of domestic violence cases in siri marriage couples. Legal clarity is needed to provide protection for victims of domestic violence in a siri marriage without violating or changing the provisions of certain laws. The author's goal is for the community to know the consequences of siri marriage and provide information related to law enforcement in domestic violence cases. The method used by the author is normative legal research, whose main focus is on the study of legal norms or rules. Normative legal research aims to analyze legal rules or regulations as part of an interrelated legal system, and see how these rules relate to legal events that occur, the type of data used in this research is secondary data. Secondary data is data obtained from second sources or secondary sources of the data needed. Secondary data in this study such as decisions, books, journals. The author uses a statutory and case approach. The analytical approach to the law is to analyze the meaning contained and used in the legislation conceptually and examine all laws and regulations related to the legal issues being studied.
PERLINDUNGAN HAK PENYANDANG DISABILITAS DALAM PERSPEKTIF SOSIOLOGI HUKUM Malik, Deden Abdul; Ningrum, Novita Ardiyanti; Zulvia, Ransya Ayu; Alfani, Feralda Septya; Aisah, Putri Maharani Rahma; Saebani, Beni Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10718

Abstract

Protection of the rights of persons with disabilities in Indonesia is generally regulated through various statutory regulations, one of which is Law Number 8 of 2016 concerning Persons with Disabilities. However, various challenges arise due to stigma, discrimination and a lack of public understanding of the rights of people with disabilities.. The aim of this research is to determine the factors that cause social stigma towards people with disabilities, to determine efforts to overcome social stigma towards people with disabilities and legal protection. The methodology used in this research is juridical-empirical law with a qualitative paradigm with a legal sociology approach. Factors that cause social stigma towards people with disabilities are not receiving support from their families, a lack of self-will to develop, as well as negative stigma from society. Efforts to overcome social stigma towards people with disabilities include that the families of people with disabilities must provide support, people with disabilities must have the self-confidence to develop, and the community is given education through outreach regarding the prohibition of discrimination against people with disabilities.
Perwujudan Sila ke-5 Pancasila bagi Penyandang Disabilitas dalam Mendapatkan Hak-Hak Fundamental berdasarkan Undang-Undang Nomor 8 Tahun 2016 Riskanita, Dinda; Sulistyowati, Andita; Nugroho, Dendy Prasetyo
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.v9i2.10386

Abstract

The 5th principle of Pancasila contains the principle of justice in various aspects of life without discrimination against anyone, including people with disabilities. This principle emphasizes that every citizen, including people with disabilities, has the right to receive equal treatment, access to basic rights, and equal opportunities in community, national and state life. Through Law Number 8 of 2016 concerning Penyandang Disabilitas, as a form of government responsibility in creating policies that favor people with disabilities and eliminate discrimination. This study aims to analyze and examine the manifestation of the principle of social justice in Pancasila, especially regarding the fulfillment of basic rights for people with disabilities. The main focus of this study is to explore the extent to which the application of the principle of social justice in Pancasila contributes to equality, protection, and fulfillment of the basic rights of people with disabilities in various aspects of life. This research is a normative legal research with a statue approach, by examining secondary legal materials using the library research method, where the research will answer the problem by using supporting legal theories through literature studies. The results of this study explain that the 5th principle of Pancasila demands social justice in fulfilling basic rights for people with disabilities, namely in the fields of education, employment, health, accessibility, socio-political participation, legal protection and social security. This study emphasizes the importance of ensuring that people with disabilities are not only respected, but also given equal opportunities to enjoy their basic rights in all aspects of life. Pancasila, as the basis of the state, emphasizes that social justice for people with disabilities is the state's obligation to realize it through policies and real actions. Law Number 8 of 2016 is a concrete form of government commitment in ensuring the fulfillment of the basic rights of people with disabilities.
PEMBUKTIAN PENIPUAN INVESTASI MATA UANG KRIPTO DALAM PIG BUTCHERING SCAM Goldwen, Fishella; Hutabarat, Rugun Romaida
Legal Standing : Jurnal Ilmu Hukum Vol 8, No 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10525

Abstract

Cryptocurrency investment fraud in the form of Pig Butchering Scam has emerged as a rapidly evolving type of cybercrime that is difficult to trace. This study aims to examine the scheme and the evidentiary process of Pig Butchering Scam in the context of cryptocurrency investment fraud. Utilizing a normative approach, this research analyzes legal documents and regulations related to cryptocurrency investment. Secondary data were obtained from policy analysis and academic literature. The findings of this research identify Pig Butchering fraud as a type of romance-based scam. Perpetrators deceive victims by building trust and convincing them to participate in fraudulent investments. Once the victim trusts the perpetrator and deposits personal funds, these funds are entirely siphoned off by the fraudsters, who subsequently disappear. Resolving such cases under criminal procedural law proves challenging due to the involvement of multiple complex aspects. This study recommends that the Indonesian Government urgently establish specific evidentiary regulations regarding the Pig Butchering Scam scheme in cryptocurrency investment fraud. These regulations could serve as a guideline for law enforcement in Indonesia, similar to the Anti-Telecommunications and Online Fraud Law implemented in China.

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