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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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Studi Komparasi Hak Nafkah Anak Diluar Nikah Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata Putri, Suci Rocky; Yani, Encep Ahmad
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.v9i3.11890

Abstract

This study discusses the comparative legal protection of the right to support children born out of wedlock according to two legal systems in force in Indonesia, namely the Compilation of Islamic Law (KHI) and the Civil Code (KUHPerdata). Children born out of wedlock often face legal uncertainty, especially regarding the right to recognition of identity and provision of support, which has an impact on their protection and welfare. This study uses a normative legal approach with a comparative method, to analyze the extent to which the two legal systems provide protection for children born out of wedlock that is legal according to state and religious law. The results of the study show that both the KHI and the Civil Code recognize the importance of protecting children's rights, including the right to support. However, there are fundamental differences in the legal construction and implementation of the responsibility for providing support. In the KHI, children born out of wedlock do not have a civil relationship with their biological father, unless legally recognized, so that the provision of support is only borne by the mother or the party who recognizes it. Meanwhile, the Civil Code provides a broader possibility for the recognition and imposition of responsibility on the biological father through the mechanism of legal recognition of children. This difference creates legal dualism and has the potential to cause injustice and discrimination against children. Therefore, this study recommends harmonization between the Islamic legal system and civil law in the context of the right to support children born outside marriage, in order to ensure legal protection that is fair, equal, and oriented towards the best interests of the child.
Analysis of Supreme Court Decision Number 3507 K/PDT/2023 Cristy, Florentina; Hadiati, Mia
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.v9i3.11881

Abstract

The aim of this study is to investigate the authority of the Land Deed Making Officer (PPAT) in issuing Sale and Purchase Deeds Number 134/2016 and 135/2016. All actions, including legal and other acts, performed within the territory of Indonesia must adhere to the prevailing regulations and laws in the country. This requirement applies to all individuals, whether Indonesian citizens or foreign nationals currently in Indonesia. Every landowner in Indonesia is obligated to register their land in accordance with the provisions of the Basic Agrarian Law and its associated regulations, ensuring that land ownership status is clear and legally recognized, which serves as a preventive measure against disputes over land rights. This study employs a descriptive qualitative approach to examine the authority of PPAT Roy Pudyo Hermawan in executing Sale and Purchase Deeds Number 134/2016 and 135/2016. The findings indicate that the deeds were declared legally defective by the Supreme Court, as they did not satisfy the substantive legal requirements and failed to adhere to the procedural standards prescribed for deed execution by a PPAT.
Kedudukan Pengadilan Pajak dan Perbandingannya dengan Sengketa Tata Usaha Negara di Indonesia Jadidyah, Havida; Priyono, Agus
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.v9i4.11726

Abstract

The Tax Court is a special judicial institution authorized to handle tax disputes in Indonesia. Its position is under the Supreme Court in terms of judicial technical guidance, but administratively, organizationally, and financially it is under the Ministry of Finance. This study aims to examine the position of the Tax Court in the Indonesian judicial system and to compare the mechanisms for resolving tax disputes with State Administrative (TUN) disputes. This study uses a normative legal method with a statutory regulatory approach and a conceptual approach. The results of the study indicate that the Tax Court is part of the state administrative court environment, but has specific procedures and authorities. The striking difference between tax disputes and TUN disputes lies in the resolution mechanism. Tax disputes are quasi-judicial in nature and require an objection procedure to the Director General of Taxes before they can be submitted to the Tax Court. In contrast, TUN disputes can be submitted directly to the State Administrative Court without going through the administrative objection stage. In addition, the decision of the Tax Court is final and binding, while the PTUN decision can still be pursued for further legal action. This difference reflects the characteristics of each dispute, and emphasizes the strategic position of the Tax Court in providing justice and legal certainty for taxpayers. This study is expected to contribute to strengthening the understanding of academics, legal practitioners, and the public regarding effective and targeted tax dispute resolution mechanisms.
Konsep Pengaturan Perjanjian Kerja Waktu Tertentu (PKWT) Berdasarkan Prinsip Keadilan Proporsional Triasmono, Hari; Warka, Made; Setyaji, Sri; Hufron, Hufron
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.v9i4.11880

Abstract

This study aims to analyze the regulation of Fixed-Term Employment Agreements (PKWT) based on the principle of proportional justice in the Indonesian labor law system. This principle emphasizes the importance of a balance between the rights of employers to business flexibility and the rights of workers to protection and job security. This study uses a normative legal method with a statutory, conceptual, philosophical, historical approach, as well as a case and comparative approach. The primary legal materials analyzed include the Employment Law, the Job Creation Law, and the Constitutional Court Decision Number 168/PUU-XXI/2023. The results of the study show that changes to the regulation of PKWT through the Job Creation Law, especially the elimination of the maximum duration limit for extension, have created legal uncertainty for workers and opened up opportunities for abuse by employers. PKWT that is not strictly limited has the potential to harm workers, especially in terms of compensation and social security rights. Current regulations tend to favor employer flexibility, so there needs to be a rearrangement that prioritizes the principle of proportional justice. This justice must be reflected in the limitation of the use of PKWT for work that is truly temporary, the provision of adequate compensation, and strict supervision by the state. Theoretically, this finding confirms that employment law must be based on social justice that places humans at the center of policy, not merely objects of the labor market.
Problematika dan Tanggung Jawab Profesi Notaris kepada Masyarakat demi Tercapainya Kepastian Hukum Anindita, Puspita; Priyono, Ery Agus
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.v9i3.11276

Abstract

In order to realize the Republic of Indonesia as a State of Law based on Pancasila and the 1945 Constitution of the Republic of Indonesia in order to guarantee certainty, order and legal protection for those who need authentic written evidence which explains the circumstances, events or legal acts that require the Office of Notary, in 2004 the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary was issued as amended by Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary. Based on the Provisions of Article 1 number 1 of the Republic of Indonesia Law Number: 30 of 2004 concerning the Position of Notary as amended by the Republic of Indonesia Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, the definition of Notary is as follows: Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law. Thus, because the Notarial Deed is an Authentic Deed, the Notarial Deed has perfect or complete evidentiary power, as stipulated in Article 165 HIR.
Tantangan dan Strategi Implementasi Kebijakan Anti-Korupsi di Lembaga Pemerintahan Wahid, St. Hadijah; Putra, Wandi Pratama; Arale, Friska Amelia
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.v9i3.9989

Abstract

Corruption within government institutions is a major obstacle to achieving sustainable growth and building a clean governance system. Anti-corruption policies are important, but the complexity of their implementation encompasses cultural factors, laws, and power dynamics. Government institutions face difficulties in implementation due to complex bureaucratic structures, internal resistance, and limited resources. The purpose of this research is to identify the challenges and implementation strategies of anti-corruption policies in government institutions. This research uses literature review and data analysis methods. The results indicate that improvement efforts require strategies such as strengthening internal capacity, increasing transparency, and fostering public participation. A strong legal foundation, adequate resource distribution, as well as outreach and public education programs are key to enhancing anti-corruption policies in government institutions. Implementation strategies involve standardizing law enforcement, capacity building, strengthening legal frameworks, resource distribution, awareness campaigns, and anti-corruption capacity enhancement programs. Encouraging public participation, especially through anti-corruption education in schools, and leveraging information technology to increase transparency, are essential foundations for building a clean and effective government.
Meneropong Efektivitas dan Efisiensi Kabinet Koalisi Merah Putih Terhadap Tata Kelola Pemerintahan Nurmala, Sheila Adi; Hadi, Candrika Pratisara
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.v9i4.11720

Abstract

This research explores the effectiveness and efficiency of the Red and White Coalition's Fat Cabinet under the leadership of President Prabowo Subianto, and its implications for state governance. Indonesia's presidential system, stipulated in the 1945 Constitution, gives the president the power to form a cabinet consisting of ministers appointed based on political considerations and competence. This research uses a qualitative method with a statutory and conceptual approach to analyze the structure and dynamics of the cabinet. The results show that although a fat cabinet has the potential to improve political stability and task specification, challenges such as inefficiency and coordination difficulties remain. Therefore, it is recommended that the Prabowo administration conduct periodic evaluations of ministry performance and increase transparency in decision-making to ensure policies that favor the public interest.
Analisis Yuridis terhadap Notaris yang Berkewajiban Amanah Menurut Pasal 16 Udang-Undang no. 2 Tahun 2014 tentang Jabatan Notaris Nugraha, Naufal Aji; Silviana, Ana
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.v9i3.11765

Abstract

A notary is a public official appointed by the state to carry out part of the public authority, especially in making authentic deeds that have legal force. The role of a notary must comply with various legal provisions stipulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (Notary Position Law). One of the main obligations that must be carried out by a notary is to act in a trustworthy manner, as stipulated in Article 16 Paragraph (1) Letter a of the Notary Position Law. In Islam, the principle of trustworthiness has a position as one of the basic values that must be applied in community and state life. Trustworthiness is a commendable trait recommended by the Qur'an and Hadith. The obligation of a notary to act in a trustworthy manner as stipulated in the Notary Position Law has strong relevance to the teachings of Islamic law. A study of the obligation of a notary to act in a trustworthy manner according to Article 16 Paragraph (1) Letter a of the Notary Position Law, when viewed from the perspective of Islamic law, is important to provide a more comprehensive understanding of the relationship between positive law and Islamic values. This study aims to analyze the obligation of notaries to act in a trustworthy manner, identify its relevance to the principle of trustworthiness in Islamic law, and examine the law of violations of this obligation.
Pemenuhan Hak Anak Sebagai Korban dalam Sistem Pengadilan Tindak Pidana Kekerasan Seksual Siahaan, Rahel; Tan, Winsherly; Febriani, Emiliya
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.v9i3.11362

Abstract

This study aims to analyze the effectiveness of fulfilling children's rights in the judicial system of sexual violence crimes in Batam City, as well as to identify the challenges and realities faced during its implementation. The research method used is an empirical juridical approach, with data collected through in-depth interviews with law enforcement officials, including investigators and police in Batam City. The findings reveal that although comprehensive regulations exist, their implementation remains suboptimal due to limited human resources, insufficient child-friendly facilities, and ineffective inter-agency coordination. These barriers hinder the protection and recovery of child victims of sexual violence. The study also highlights the importance of applying the principles of Best Interests of the Child and the Restorative Justice approach to create a more child-friendly judicial system. Therefore, improvements in law enforcement training, strengthening inter-agency coordination, and developing facilities to support the recovery of child victims of sexual violence are urgently needed.
Analisis Sistem Resi Gudang Sebagai Alternatif Pembiayaan Petani Ketika Deflasi Hasanah, Nisa Maulida; Pratama, Muhammad Ath-Thaariq
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.v9i4.10673

Abstract

The Central Statistics Agency released its latest report on economic conditions in Indonesia, which has experienced deflation for 5 consecutive months. During this time, people's purchasing power continued to decline, making it difficult for farmers and fishermen to sell their produce at reasonable prices. The declining purchasing power makes many farmers or fishermen throw away their products because they cannot be stored. The government has created a Warehouse Receipt System (SRG) that aims to allow farmers, fishermen and others to store their commodities in a standardized warehouse. In addition, the SRG also includes a guarantee mechanism that allows for financing. Farmers and fishermen can store their products in SRG warehouses for a long time, but still get money for production capital with financing that makes Warehouse Receipts as collateral objects. SRG can be a solution for farmers and fishermen in the face of deflation or a decline in purchasing power with production continuing even though sales are slower than usual.

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