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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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Pelaksanaan Hak Tanggungan Secara Elektronik dengan Jaminan Sertipikat Tanah Marisa, Marisa; Aminah, Aminah
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.v9i3.11377

Abstract

Technological advances have had a significant impact on various aspects of life, including law and public administration. One important aspect is the implementation of taxation, which is a strategic strategy with high economic value and is considered an important object in economic activities. The Indonesian government has implemented an Electronic Tax Service (HT-el) system to improve efficiency, transparency, and accountability in tax administration. HT-el covers various tax-related processes, such as tax collection, creditor changes, and tax collection audits, which can be carried out electronically through an online platform. Digitalization offers many benefits, such as faster processing times, increased efficiency, and reduced long-term interconnections that prevent corruption. However, the implementation of HT-el also presents challenges that cannot be ignored. These include technological infrastructure, human resource management, and electronic data knowledge. The implementation of HT-el requires comprehensive legal services, including electronic document handling, personal data protection, and legal compliance for affected parties. One of the challenges faced in the implementation of HT-el is the relationship between creditors and debtors, which can be affected by differences in data in the electronic tax system. Debtors may believe that digital data is incompatible with the old tax system, thus creating the risk of inaccurate data input or lack of clear communication mechanisms. The implementation of HT-el also involves exploring various aspects of technology in the process, analyzing its impact on taxation, and providing recommendations for developing a better system during the data collection period. This study aims to contribute to understanding the digitalization of the tax law system and addressing the various challenges faced in its implementation.
Praktik Kecantikan Tanpa Izin Sebagai Tindak Pidana: Upaya Hukum Dalam Pemulihan Kerugian Korban Aurellia, Chyntia; Adhari, Ade
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.v9i3.11893

Abstract

The development of the beauty industry in Indonesia has contributed to the rise of illegal beauty practices carried out by non-medical personnel without official permits, which can jeopardize the health and safety of consumers. These unlicensed beauty practices constitute a violation of the Medical Practice Act, which prohibits non-medical service providers from performing medical procedures without authorization. This study aims to analyze unlicensed beauty practices as criminal acts and the legal avenues available for victims to seek compensation for damages. The research method employed is a literature review, analyzing regulations, scientific journals, and relevant cases. The results of the study show that unlicensed beauty practices not only violate administrative aspects but also pose significant health risks. Victims can seek compensation through criminal and civil legal channels; however, challenges in law enforcement and the low level of public legal awareness hinder recovery efforts. This study provides recommendations to improve supervision, strengthen regulations, and raise public awareness about the dangers of illegal beauty practices.
Constitutional Implications of Abolishing the Presidential Threshold on Democracy and the Electoral System in Indonesia Mau, Hedwig Adianto
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.v9i3.11579

Abstract

The Constitutional Court's Decision No. 62/PUU-XXII/2024, which nullified the application of the presidential threshold in Indonesia’s presidential and vice-presidential elections, represents a transformative development in the country's electoral framework. This research investigates the legal and political ramifications of the ruling, particularly its impact on democratic practices and the structure of the electoral system in Indonesia. Employing a normative juridical approach, the study explores the constitutional justification for eliminating the threshold, assesses its effects on political inclusiveness, and examines its implications for governmental stability. The results suggest that eliminating the presidential threshold may strengthen democratic processes by enabling broader candidate participation and encouraging a more competitive political environment. Nevertheless, the absence of such thresholds could also lead to heightened political fragmentation, potentially resulting in a more divided electoral arena. From a regulatory standpoint, this shift demands careful revision of electoral procedures to maintain administrative efficiency and uphold the integrity of election outcomes. This research contributes original insights by being among the first to critically assess the legal reasoning of the Constitutional Court’s decision in the context of Indonesia’s evolving democratic architecture. It highlights the tension between normative constitutional ideals and practical governance needs, offering a nuanced interpretation that bridges theory and institutional realities. However, the study is limited by its focus on normative and doctrinal analysis without incorporating empirical data from political actors or voter behavior post-ruling. In conclusion, the abolition of the presidential threshold introduces a multifaceted impact on Indonesia's democratic development and electoral integrity, warranting further scholarly inquiry into regulatory frameworks that can harmonize openness with governance efficacy post-ruling.
Penggunaan Alat Bukti Sekunder dalam Menjatuhkan Tuntutan Pidana Berdasarkan Asas Kepastian Hukum Gusriana, Fahmi; Batubara, Gialdah Tapiansari
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11966

Abstract

The use of circumstantial evidence in criminal cases has raised legal debate. Judges in some cases consider circumstantial evidence because there were no eyewitnesses who saw the criminal event directly. This is contrary to the Criminal Code which limits valid evidence in Indonesian criminal procedure law. The use of circumstantial evidence that is not regulated in the Criminal Code has the potential to cause normative conflicts, legal uncertainty, and violations of human rights. It is necessary to examine the criteria for circumstantial evidence that is permitted in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty, as well as the legal consequences of using circumstantial evidence in imposing criminal charges based on the principle of legal certainty using normative legal research methods with a statutory approach and case studies. The results show that the criteria for circumstantial evidence that is justified in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty is when the use of circumstantial evidence is prioritized for proving cases where there are no eyewitnesses who saw it directly, its use must be complementary, cannot stand alone (not used as the sole basis for imposing a criminal sentence), its use must meet the elements of accountability, relevance, authenticity, validity, proportionality, not violating human rights, used as complementary evidence that supports the proof and used as part of the consideration of proof, especially in the form of instructions or letters to strengthen the judge's conviction. The legal consequences of the use of circumstantial evidence in imposing criminal charges based on the principle of legal certainty remain normatively legal. As long as the use of circumstantial evidence is in accordance with its position, its use remains in line with the principle of legal certainty as one of the fundamental principles in the Indonesian legal system.
Karakteristik Sistem Pembagian Waris Keluarga Dayak Muslim Lestari, Indah; Syaikhu, H; Patrajaya, Rafik
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.v9i3.11660

Abstract

Inheritance practices between Muslim Dayak families can be handed over to the majority without regard to differences in religion and gender. This indirectly shows that there are values that are maintained by Muslim Dayak families in the distribution of inheritance so that this happens. This research is a type of empirical research with a legal sociology type and approach socio-legal with qualitative data analysis methods. The results of the research show that the implementation of inheritance distribution in Muslim Dayak families applies three main points, namely Budaya Damai, Tradisi Hakakat and implement the principles Belom Bahadat namely maintaining the value of the inheritance system used so as to create a characteristic, namely applying equality, so that Dayak Muslim inheritance can be in harmony with Islamic law.
Perlindungan Hukum Bagi Istri yang Tidak Nafkahi Menurut UU No. 16 Tahun 2019 Kupang, Frisca Melati; Kasim, Nur Mohamad; Kamba, Sri Nanang Meiske
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.v9i3.11743

Abstract

Abstract This study aims to analyze the legal protection for a legitimate wife who does not receive maintenance within her marriage, specifically based on Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 on Marriage. This research uses an empirical legal research method with a juridical-sociological approach. The research questions addressed in this study are: first, how is the legal protection for the legitimate wife’s right to maintenance in her marriage according to Law No. 16 of 2019, and second, what are the factors causing the failure to fulfill the wife’s maintenance rights within her marriage in Tombolango Village? Data was collected through interviews with relevant parties in the Tombolango Village community and by reviewing regulations such as the Marriage Law, the Law on the Elimination of Domestic Violence (PKDRT), and the Compilation of Islamic Law (KHI). The study found that although the law provides protection for the wife's right to maintenance, in practice, there are socio-economic and cultural factors that hinder the fulfillment of this right in Tombolango Village. Therefore, efforts to raise legal awareness in the community and increased oversight from authorities are necessary to protect women's rights in marriage.
Implikasi Pemutusan Hubungan Kerja Sepihak Bagi Hak Pekerja Pasca UU Cipta Kerja Tanera, Lauren; Gunadi, Ariawan
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11838

Abstract

Unilateral termination of employment is a labor issue that has the potential to cause significant economic and welfare impacts on workers. The act of terminating employment without a clear legal basis and without fulfilling workers' rights contradicts the principle of fairness in the industrial sector. This study aims to examine the legal protection aspects for workers who experience termination without mutual agreement and to analyze the role of the government in addressing this issue. This research employs a normative approach by analyzing applicable legal provisions, including legislation and court decisions. Based on Article 28D (2) of the 1945 Constitution of the Republic of Indonesia and Article 81, point 47 of the Omnibus Law, which revises Article 156(1) of the Manpower Law, workers who experience termination of employment are entitled to compensation in the form of severance pay, long-service appreciation pay, and compensation for other entitlements. Additionally, the government plays a key role as a policymaker and mediator in labor dispute resolution. Although regulations provide a legal foundation for protecting workers' rights, cases of unfair termination continue to occur due to weak enforcement and limited worker awareness of their rights. Therefore, concrete measures are necessary to strengthen law enforcement, enhance oversight of labor regulation implementation, and optimize the government's role in ensuring the protection of workers' rights.
Analisis Keputusan Kpu Nomor 789 Tahun 2024 Tentang Penetapan Daftar Calon Tetap Anggota Dpd Dapil Sumatera Barat Perspektif Siyasah Dusturriyah Sopian, Sopian; Khalid, Khalid
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11601

Abstract

The purpose of this article aims to clarify the Decree of the General Election Commission (KPU) of the Republic of Indonesia No. 789 of 2024 concerning the Determination of the Permanent Candidate List for DPD RI Members for the Electoral District of West Sumatra Against the Decision of the Constitutional Court No. 03-03 / PHPU.DPD-XXII / 2024 and to clarify the Decree of the KPU RI No. 789 of 2024 in the Perspective of Fiqh Siyasah. . The writing method uses a normative approach and data collection techniques using literature studies. This article is descriptive and aims to solve problems. Based on the analysis, this article found that the KPU RI Decree resulted in a loss of constitutional rights for Irman Gusman to be able to participate in the general election contest for DPD RI Members for the West Sumatra Electoral District. This happened because of the KPU's error in interpreting the PKPU and the Law on Elections. Second, the KPU's non-compliance with the Jakarta PTUN Decision resulted in the law in the DPD RI general election for the West Sumatra electoral district so that Irman Gusman was canceled as a Permanent Candidate List for DPD RI Members in the 2024 General Election. Third, from the perspective of Fiqh Siyasah which includes political rights, it is basically an effort to prevent former candidates from committing the same acts in the future. Fourth, the Constitutional Court's decision to hold a re-vote for the election of DPD RI Members for the West Sumatra Electoral District in the 2024 Election is basically to uphold justice and provide Irman Gusman's Constitutional Rights which have been violated by the cancellation of the KPU RI.
Peran Pengawas Ketenagakerjaan dalam Pemenuhan Hak Pekerja yang Mengalami Pemutusan Hubungan Kerja (PHK) Rusyaman, Jasmine Gitarahmi; Karsona, Agus Mulya; Singadimedja, Holyness N
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.v9i3.11887

Abstract

Labor inspectors serve the function of overseeing and ensuring the enforcement of labor regulations, including guaranteeing the fulfillment of workers' rights in cases of termination of employment. As a consequence of termination practices, workers are entitled of severance pay, rewards for length of service, and reimbursement of other entitlements in accordance with applicable regulations. This study focuses on the legal protection and the impact of labor inspectors’ performance on the fulfillment of workers' rights in termination cases. The approach employed in this study is a normative juridical method. The findings indicate that the active role of labor inspectors in fulfilling workers’ rights following termination can be carried out upon receiving a complaint from the affected worker or based on a directive from their superior. This is closely related to the limited authority of labor inspectors. Furthermore, the high number of labor law violations and the imbalance between the number of labor inspectors and the number of existing companies indicate that labor inspection implementation has not yet been optimal.
Implikasi Hukum Terhadap Notaris yang Melakukan Keterlambatan Pendaftaran Jaminan Fidusia dalam Sistem Administrasi Hukum Umum Sebagai Pemegang Jaminan Fidusia Haq, Sadida Amalia Izzatul; Aminah, Aminah
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.11724

Abstract

One of the most important forms of collateral in Indonesia's financial sector is fiduciary security. When a debtor defaults on their payments, the civil law system gives creditors the authority to seize assets in order to get their money back. In order to guarantee that fiduciary certificates are legally legitimate, it is necessary to register them via the General Legal Administration System (AHU), as stated in Law Number 42 of 1999 on Fiduciary Security. On the other hand, notaries often cause delays in the registration procedure, which may impact creditors' rights and result in legal ramifications for the notaries themselves. The purpose of this research is to look at how the law protects creditors when notaries are late with registering fiduciary securities and what that means for their legal liability. The study examines applicable statutes, case law, and legal theories from a normative juridical perspective. According to the results, creditors risk having their preferred rights to the collateral object eroded and debtors' chances of abusing the fiduciary object increased if the registration process takes too long. Thus, in order to preserve creditors' legal rights, notaries must guarantee correct adherence to fiduciary registration processes.

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