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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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PERLINDUNGAN DATA BIOMETRIK DALAM SEKTOR PERBANKAN DI INDONESIA DAN AMERIKA SERIKAT Asokawati, Ainunnisa Rezky
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.10775

Abstract

This study aims to analyze and compare the regulation and implementation of biometric data protection in the banking sector in Indonesia and the United States. In addition, this study also evaluates the security risks of biometric data and provides policy recommendations to improve its protection. This study uses a doctrinal method using primary and secondary legal sources. The focus of this study is to examine how the Indonesian State protects biometrics as personal data in a legal context and to compare the regulations and implementation related to biometrics in the banking sector in Indonesia and the United States. Based on the results of the study, in general, it was found that both have regulated the financial services sector, especially banking, and the technical management of personal data of customers and/or prospective customers. However, there are no detailed regulations aimed at protecting the biometrics of banking consumers. The absence of specific regulations on biometric data protection in the banking sector requires banks to take proactive steps in securing customer data, such as strengthening security systems and adopting strict internal policies. In addition, the government needs to consider creating more detailed regulations to provide legal certainty and better protection for consumers.
Kajian Yuridis Terhadap Pembatalan Akta Hibah Akibat Penghibah Jatuh Miskin Jadidyah, Havida; Priyono, Ery Agus
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.v9i2.11710

Abstract

A grant is a form of legal agreement in Indonesian civil law, as regulated in the Civil Code (KUHPerdata). However, in practice, a grant can cause legal problems if there is a change in circumstances on the part of the grantor (grantor), especially if the person concerned experiences economic decline to the point of poverty. This study aims to examine whether the qualifications of the state of poverty experienced by the grantor in the Judicial Review Decision Number: 336/PK/Pdt/2016 are legally appropriate, and to analyze the legal consequences of the cancellation of a deed of gift through a court lawsuit. This study is a normative legal study with a statutory approach and a conceptual approach. The nature of this study is descriptive analysis, with the main data sources in the form of primary and secondary legal materials, which are analyzed qualitatively. The results of the study indicate that Article 1688 paragraph (3) of the Civil Code does open up space for the cancellation of a grant if the grantor falls into poverty, but does not provide a definite measure regarding the limits of "falling into poverty". In the judge's considerations, this assessment is still subjective and is determined based on the judge's belief in the facts presented in court. The legal consequences of the cancellation of a deed of gift are basically a form of legal protection for the grantor who experiences losses or injustice due to the granting of the gift. This study contributes to the development of a normative understanding of legal protection for grantors and the importance of clearer regulations regarding the criteria for falling into poverty in the context of grant cancellation.
PENGAKUAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA Ariani, Kurnia Dwi; Silviana, Ana
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.10531

Abstract

This study aims to determine the legal factors of judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children. The research approach used in this study is normative juridical. The data used in this study are secondary data which include primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained are then analyzed qualitatively. The results of this study indicate that the ambiguous provisions regarding the recognition of illegitimate children in Law Number 1 of 1974 concerning Marriage require the resolution of the case through the application of the Civil Code (KUHPerdata) which has not been formally abolished in the Indonesian legal framework as substantive civil law used in the District Court. The legal considerations of the judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children born before their parents were officially married indicate that the child, Farra Abigail Sherina, is the biological child of the couple Nugroho Fajar Aji and Anissa Alif Putrianti. Furthermore, the applicant's application for recognition of the illegitimate child has met the requirements set out in the Civil Code.
Analisis Penyebaran Berita Hoax di Media Sosial: Perspektif Hukum dan Peran Masyarakat dalam Mitigasi Masrufah, Masrufah; Fatmawati, Nynda
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.v9i2.11250

Abstract

The spread of fake news (hoaxes) through social media has become a serious challenge in Indonesia due to its impact on social stability and national security. This study aims to explore various types of hoaxes circulating on social media, the legal frameworks used to address them, and the role of society in preventing their spread. This research employs a qualitative approach through document analysis of relevant regulations, such as the Electronic Information and Transactions Law (UU ITE) and the Indonesian Criminal Code (KUHP), as well as case studies of viral hoaxes in Indonesia. The findings indicate that hoaxes can be categorized into several types, including hate speech based on ethnicity, religion, race, and intergroup relations (SARA), public fraud, defamation, and false information that causes panic. Health-related hoaxes have also become a significant concern, particularly during the pandemic. Law enforcement against hoax perpetrators must be carefully implemented to avoid violating freedom of speech. Therefore, digital literacy is essential to raise public awareness in identifying and preventing the spread of hoaxes.
TANGGUNGJAWAB MUTLAK TERHADAP KORPORASI DALAM PERTAMBANGAN TIMAH SEBAGAI KEGIATAN USAHA BERDASARKAN HUKUM LINGKUNGAN Cendranita, Ivannia; Firmansyah, Hery
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.10438

Abstract

Tin mining is found in many major tin-producing areas such as Bangka and Belitung Islands, where this natural resource is one of the mainstays of local economic growth. The application of absolute liability also requires strong regulatory support, especially regarding the mechanism of proof and the determination of sanctions. In the Indonesian justice system, the process of proof is often an obstacle because there is no simple and efficient mechanism in environmental cases. This study uses a normative legal method with a legal analysis approach. This study focuses on the legislative aspect, considering the conceptual dimension and applicable regulations. The results of the study show that one of the steps taken is the Regional Regulation concerning the Coastal Area and Small Island Zoning Plan (RZWP3K), which applies a three-stage approach to supervising the use of marine resources in coastal areas and small islands, namely socialization, implementation, and supervision. In addition, the government is also taking steps to regulate the mining industry and ensure compliance with the law by involving various government agencies such as the Marine and Fisheries Service. By enforcing these regulations, the main objective is to maintain environmental sustainability, protect marine ecosystems, and minimize negative impacts on communities and natural resources.
Pemodelan Rehabilitasi Sosial pada Pecandu Narkotika Chaidar, Muhamad; Kusnadi, Sekaring Ayumeida; Alfadani, Ahmad Zakariyah; Lystiadi, Intan Predita
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.v9i2.11577

Abstract

The abuse of narcotics in Indonesia has become a serious social issue, which not only impacts individual health but also creates widespread social and economic disturbances. One of the solutions implemented to address this problem is social rehabilitation for drug addicts, aimed at reintegrating individuals into positive and productive social roles. This article discusses the modeling of social rehabilitation for drug addicts from a legal perspective, referring to Law Number 35 of 2009 concerning Narcotics, which regulates the provision of rehabilitation as an alternative to punishment for drug users. The social rehabilitation model involves several stages, including assessment, medical and psychosocial rehabilitation, and social reintegration into the community. Additionally, the legal approach applied must prioritize the principles of restorative justice, aimed at restoring relationships between addicts, the community, and victims, as well as reducing the negative stigma against addicts. However, the implementation of social rehabilitation also faces challenges, such as social stigma, limited resources, and ineffective coordination among law enforcement agencies, rehabilitation institutions, and the community. This article concludes that a social rehabilitation model based on human rights principles, restorative justice, and comprehensive support from various parties can accelerate the recovery of drug addicts and facilitate their reintegration back into society.
PENERAPAN RESTORATIVE JUSTICE DALAM PERKARA PERSETUBUHAN TERHADAP ANAK YANG BERAKHIR DENGAN PERKAWINAN Yasin, Bukhari; Yasir, H. M.; Yulianto, Alfian
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.10811

Abstract

This study aims to examine the mechanism of the application of Restorative Justice in resolving criminal cases of sexual intercourse with married children, and to consider the principles of Restorative Justice in court decisions related to the case. The approaches used include legislative and conceptual approaches. The results of the study indicate that the application of Restorative Justice in this case allows for the creation of justice for the victim, with formal requirements in the form of a peace agreement between the parties concerned and the fulfillment of the victim's rights and the perpetrator's responsibilities. Material requirements that must be met include not causing unrest or rejection in society, not triggering social conflict, not threatening national unity, and ensuring that the perpetrator is not a recidivist in accordance with the court's decision.
Peran Mediasi dalam Penyelesaian Sengketa Perjanjian Kontrak Bisnis di Indonesia Simarmata, Boy Gabriel Yohanes; Sinaga, Irene Putri Alfani Sofia
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11493

Abstract

Business contract disputes are common issues in the business world, arising from either breaches of agreements or differing interpretations of contract terms. Dispute resolution through litigation often takes a long time, incurs high costs, and has the potential to damage established business relationships. This study aims to analyze the role of mediation in resolving business contract disputes in Indonesia by highlighting its effectiveness, challenges, and opportunities for optimization within legal and practical contexts. This research employs a normative legal method with an analytical approach to relevant regulations, such as Supreme Court Regulation (Perma) No. 1 of 2016 on Mediation Procedures in Court, as well as legal doctrines and related literature. The findings indicate that mediation has great potential as a more efficient dispute resolution mechanism than litigation, as it is flexible, faster, and helps maintain business relationships between parties. However, its implementation still faces obstacles, including low awareness among business actors, a limited number of professional mediators, and a dominant litigation culture. The originality of this study lies in its comprehensive analysis of mediation implementation based on regulatory reviews and business practices in Indonesia, along with strategic recommendations to enhance its effectiveness. The study's limitations include constraints in empirical data collection, as it primarily adopts a normative approach. Therefore, further research based on case studies or interviews with legal practitioners and professional mediators is recommended to gain deeper insights into the practical effectiveness of mediation. To address existing challenges, efforts are needed to promote mediation awareness, improve mediator competencies, and strengthen regulations supporting out-of-court mediation.
Anti-SLAPP sebagai Strategi NDC dalam Perlindungan Hutan Zero Deforestation Pertiwi, Ella Paramitha; Effendy, Muhammad Alim Multazam; Yakin, Moh Ainul; Taufik, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.10854

Abstract

Indonesia has very diverse natural resources, especially the abundant forest wealth. But in reality, forest wealth is declining due to deforestation. This contradicts Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that people need to fulfil their right to a good and healthy environment. The research was conducted using normative juridical method through statutory, case study and conceptual approaches that produced qualitative data through literature study. This research found the fact that there is no regulation that discusses the implementation of Nationally Determined Contributions (NDC) in Indonesia and there are still many cases of criminalisation due to deforestation cases. Therefore, it is necessary to embody the NDC in the Anti-SLAPP regulation to realise Zero Deforestation-based forest protection in Indonesia.
Peran Penuntut Umum Terhadap Pemenuhuan Restitusi Anak Korban Tindak Pidana Kekerasan Seksual Deanova, Luthfie Arya; Sulistiani, Lies; Ramadhani, Rully Herdita
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11889

Abstract

Sexual violence crimes not only affect adults as victims but also targetand impact children. Concern over the high number of sexual crimes experienced by children should not solely focus on punishing the perpetrators but also on fulfilling the rights of child victims of criminal acts. One way to restore the condition of child victims of sexual violence is through restitution. In cases of sexual crimes against children, the Public Prosecutor (JPU) plays a central role in ensuring the fulfillment of the victim's right to restitution. The central role of the Public Prosecutor in providing restitution is stated in Government Regulation No. 43 of 2017. This study aims to examine the urgency of the Public Prosecutor's role in fulfilling restitution rights and to identify the challenges and efforts in the process of fulfilling these rights for child victims. This research uses a normative juridical approach. The findings indicate that filing for restitution for child victims of sexual violence crimes is crucial and should be included in the Public Prosecutor's indictment as a form of legal protection for the child victims. However, the implementation of restitution requests in the indictment still faces obstacles, both from within the prosecutor's office and from external institutions.

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