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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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Kepastian Hukum Tanggung Jawab PPAT Terhadap Akta Jual Beli Tanah yang Tidak Dibacakan Dihadapan Para Pihak Hidayat, Abia Kalila; Yunanto, Yunanto
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.v9i2.10982

Abstract

Notary/PPAT is a public official who has an important role in ensuring legal certainty through authentic deeds made by authorized officials. In the land law system, the process of making authentic deeds is the basis for the transfer of land rights. So that the deed of sale and purchase of land made by PPAT has authentic legal force that guarantees legal certainty. This study is expected to provide a clearer understanding of the importance of the deed reading procedure in ensuring legal certainty, as well as emphasizing the responsibility of PPAT in carrying out their duties in accordance with the principles of caution and professionalism. The type of research used is Normative Juridical research or library legal research methods, namely reviewing laws and regulations and relevant case studies on the importance of understanding bankruptcy status where notaries affect their professional duties and the authenticity of legal documents. The results of this study indicate that with the existence of administrative sanctions of dishonorable dismissal of the position of PPAT for violating the law, and in general the legal consequences of a deed that is not read in front of the parties will be the same as a private deed and have legal consequences as a private deed because of the error of the PPAT being given administrative responsibility for his actions of dishonorable dismissal in accordance with the Regulation of the Republic of Indonesia Number 37 of 1998 concerning the Regulation of the Position of Land Deed Making Officials Article 22, the PPAT deed must be read/its contents explained to the parties in the presence of at least 2 witnesses before being signed immediately by the parties, witnesses, and the PPAT in this case deviating from what is in the Law.
Keselarasan Konstitusionalitas Program Pensiun Tambahan dalam Kerangka Hukum Pengembangan dan Penguatan Sektor Keuangan Rasidi, Ameliya; Alfath, Tahegga Primananda
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.v9i2.11592

Abstract

The additional pension program mandated in Article 189 paragraph (4) of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU PPSK) aims to improve old-age protection for workers and harmonize existing pension programs. However, the discourse on wage deductions to pay additional pension contributions has raised concerns among workers, especially those with middle to lower incomes. This study examines the constitutionality of the additional pension program and the forms of legal protection for people who are unable to pay contributions. The research method used is normative legal research with a statutory and conceptual approach. The results show that the additional pension program has the potential to conflict with citizens' constitutional rights to social security and decent work. Legal protection for people who are unable to pay contributions can be carried out through government supervision, administrative sanctions, and efforts to restore participant rights. However, the implementation of the additional pension program still faces significant challenges, such as weak fundamental economic conditions and potential overlap with the existing social security system. Regulatory harmonization, strengthening supervision, and focusing on optimizing existing programs are needed to ensure the effectiveness of pension programs in ensuring the welfare of all Indonesian workers.
PERLINDUNGAN HUKUM TERHADAP PT PEGADAIAN ATAS BARANG JAMINAN HASIL TINDAK PIDANA PENCURIAN (STUDI PUTUSAN NOMOR 150/PID.B/2023/PN.KTG.) Sitorus, Steven; Prasetyo, Boedi
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.10802

Abstract

This research examines the legal protection for PT Pegadaian on pawn collateral that is proven to be the result of a criminal offense, such as in the case of Kotamobagu District Court Decision Number 150/Pid.B/2023/PN.Ktg. The purpose of this study is to examine the availability of legal protection. to PT Pegadaian and the legal actions that may be done in the event that problematic material is encountered. This study employs a normative legal approach that draws on statutes and case law and adopts the theory of preventive and repressive legal protection. The results show that although PT Pegadaian has applied the precautionary principle following the Standard Operating Procedure (SOP), there is still a risk of receiving collateral from criminal acts that can cause material and immaterial losses. Therefore, a clearer legal protection mechanism is needed to maintain trust in the relationship between debtors and creditors and ensure legal certainty in business activities.
HAK ANAK UNTUK MENDAPATKAN PERLINDUNGAN DARI KEKERASAN DI LINGKUNGAN SEKOLAH Ikrar, Ega; Wijaya, Andy Usmina
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.10721

Abstract

This study aims to analyze the legal protection of children's rights against violence in school environments and the effectiveness of law enforcement measures. Using a normative juridical method with legislative and conceptual approaches, the research examines various data sources, including legislation such as the Child Protection Act, reports on school violence cases, and relevant academic literature. The data were analyzed qualitatively to evaluate the alignment between regulations and their implementation in practice. The findings reveal that although anti-violence policies have been implemented in several schools, their application remains suboptimal, particularly in addressing non-physical violence such as verbal bullying and emotional abuse. A lack of education about children's rights and legal understanding among educators emerges as a major obstacle. Additionally, reporting mechanisms for school violence cases are often ineffective, leaving many incidents unreported or inadequately addressed. The practical implications of this study include the need for regular training for educators on children's rights and violence handling, strengthening accessible reporting systems for students, and enhancing collaboration among schools, families, and the government. The study also recommends revising anti-violence policies to be more comprehensive and responsive to children's needs. By creating a safe and supportive school environment, the protection of children's rights against violence can be ensured, fostering the development of a physically and mentally healthy future generation.
Pembatasan Hak Ekslusif terhadap Penggunaan Kata Umum dalam Sebuah Merek Sanjaya, Aqila Herdiyanto; Silalahi, Wilma
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.v9i2.11773

Abstract

Technological advances drive the importance of brands as trade identities. Based on Law No. 20 of 2016, brands with generic words are prohibited, but the lack of clarity in the rules creates legal uncertainty. This study examines the legal issue and evaluates the regulations to support fair trademark law in Indonesia. This study applies a normative legal approach method with analytical descriptive research specifications. This approach aims to explain and describe the events that are the focus of the study, which are then analyzed by referring to primary, secondary, and tertiary legal materials. The results of this study are the Restriction of exclusive rights to generic words in brands, as regulated in Article 16 letter f of the Permenkumham Merek 12/2021, preventing monopoly of widely known terms to protect the public interest and support business competition. However, the lack of a clear classification in Law No. 20 of 2016 creates the potential for legal conflicts. Distinctive power remains a key element, which can be obtained through fantasy words, generic words unrelated to the product, or secondary meanings. Clearer guidelines and evaluation of the mechanism of distinctive power are needed for fair and effective application of the law.
PEMBUBARAN KORPORASI: KAJIAN KOMPARATIF ANTARA SISTEM HUKUM CIVIL LAW DAN COMMON LAW Aryadi, Arsha Medina; 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.10530

Abstract

This research analyzes the dissolution of a company as a consequence of criminal law within the framework of civil law and common law, by comparing the practice in England and Germany. The research aims to show the different approaches to company dissolution. In the UK, compulsory liquidation proceedings and administrative flexibility are prioritized to protect the interests of creditors, whereas in Germany, dissolution requires formal shareholder approval and strict administrative oversight. In addition, this study also explores the factors that influence dissolution decisions and the dispute resolution efforts that arise. Through normative research with a statutory and comparative approach, this study analyzes legal documents and regulations related to dissolution in the two selected countries. Secondary data was collected from the analysis and review of academic literature. The results show that corporate dissolution in the UK emphasizes flexibility through the Companies Act 2006 and the Insolvency Act 1986, while Germany, under the Act on Limited Liability Companies Germany, follows a strict structural process. Both prioritize creditor protection, with the duration of liquidation being shorter in the UK than Germany, which requires a minimum of one year.
Kepastian Hukum Pelaksanaan Lelang Terhadap Pemenang Lelang pada Saat Penyerahan Obyek Septianingrum, Mia; Santoso, Budi
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.v9i2.10981

Abstract

This study discusses what if it turns out that the auction object when its obligations have been paid off by the buyer is not appropriate? If there is a legal vacuum, then what can be done to protect the buyer's rights? This study was conducted in order to answer questions like this, and then to be able to provide legal certainty and also legal protection for the parties involved in the auction. This research method is normative juridical. The approach used is the statutory approach (Statute Approach) and the conceptual approach (Conceptual Approach). Several studies show that auction winners often face delays in receiving auction objects due to administrative procedures or in moving auctions, the goods submitted are not appropriate. This arises because the laws and regulations regarding auctions are very minimal. The latest regulation is seen, namely the Minister of Finance, such as the Regulation of the Minister of Finance Number 27 of 2016 concerning Auction Implementation Guidelines. This results in a legal vacuum in several matters regarding auctions. One of them is if the auction object that is submitted during the delivery period is then not appropriate. Because this is not regulated in existing laws and regulations, it results in legal uncertainty for auction buyers.
PERLINDUNGAN HUKUM TERHADAP ORANG DENGAN PENANGKAPAN KEKERASAN BERDASARKAN SISTEM HUKUM ACARA PIDANA Sofianti, Adela Iragil; Zulkarnain, Zulkarnain
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.10405

Abstract

This study is a type of normative legal research that aims to determine how the legal protection against the violent arrest of Saipul Jamil by the police is based on the criminal procedure law system and how the police are legally responsible for the violent arrest carried out on Saiful Jamil. The results of this study indicate that the arrest process carried out by the Tambora police against Saipul Jamil is an action that violates the provisions and procedures for arrest and detention at the stage of criminal investigation as regulated in Perkap No. 12 of 2009 concerning supervision and control of the handling of criminal cases within the Indonesian National Police, one of which is that the arrest process does not include the type of arrest resulting from a sting or arrest for suspect status as regulated in article 77. In addition, the arrest process was not based on sufficient evidence, the identity of a clear task order letter and the use of violence in the arrest, thus clarifying that the arrest process carried out violated the provisions of the law and resulted in moral losses for Saipul Jamil. Therefore, due to the loss and the arrest process that did not comply with the procedures set out by law, Saipul Jamil has the right to claim compensation for the arrest process against him, as regulated in Article 23 of the Criminal Procedure Code which states that compensation can be implemented if a person's right to obtain restoration of his rights in his ability, position and dignity is granted at the level of investigation, prosecution or trial because he was arrested, detained, charged or tried without a reason based on law.
Peranan Pejabat Pembuat Akta Tanah dalam Pelaksanaan Transformasi Digital Layanan Pertanahan melalui Sertipikat Tanah Elektronik Auliani, Intan Rifka; Roisah, Kholis
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.v9i2.11571

Abstract

This study aims to examine the readiness and obstacles to the implementation of digital transformation of land services through electronic land certificates in Indonesia, especially related to the role and authority of PPATs towards this policy. This study uses a normative juridical approach, namely a research study based on statutory regulations. The data source used is secondary data. The results show that PPATs have a role in maintaining the validity and security of land transactions through the making of valid land deeds. The existence of electronic land certificates is an effort to resolve land disputes and assist the role of the PPAT in facilitating the digitization process of land administration services such as helping to improve data security, transparency and validity, and reduce duplication or forgery of land certificates. However, there are several challenges in its implementation, such as the readiness of technological infrastructure, data security, and limited human resources skilled in information technology. By understanding the role and challenges faced by PPATs, this study provides recommendations for improving the process of issuing electronic land certificates and supporting the government's efforts to improve more modern and efficient land services in Indonesia.
HUKUM SUKARELAWAN DALAM PENGATURAN LALU LINTAS BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 Lauren, Audrey; Sudiro, 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.10753

Abstract

This research aims to examine the implementation of legal freedom in traffic regulation in accordance with applicable regulations and the challenges faced in the field. This research adopts a type of sociological juridical research, which aims to examine various rules, concepts, societal views and legal doctrines sourced from secondary legal materials and relevant laws and regulations, especially those related to the issues discussed. The design approach implemented in this research is none other than statutory regulations or a statutory approach. This research was achieved through efforts to analyze regulations or forms of regulations which were characterized as being related to the legal context issues. The data collection technique in this research uses secondary data, where information is obtained from library research, by tracing, collecting and analyzing the required literature materials. Researchers use legal analysis techniques which are followed by efforts at description, systematization, legal analysis and interpretation. The results of this research reveal that there is no ban on volunteer road crossing/traffic controllers, however, on the one hand, there have been several complaints from the public that the presence of these volunteers can disrupt and hinder their traffic. However, if the volunteer worker is proven to have caused a traffic accident, then it must be processed in accordance with applicable criminal law. In many areas, volunteers have demonstrated their ability to help regulate traffic flow, but support from the government is low and remains a challenge for communities. Therefore, there is a need for training and training for volunteer workers, supported by increased monitoring and evaluation of volunteers.

Page 30 of 56 | Total Record : 555

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