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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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Hak Waris Bagi Anak Yang Lahir dari Perkawinan di Bawah Tangan Suryaningsih, Ayuk; Hadiati, Mia
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.v9i4.11839

Abstract

Unregistered marriages (perkawinan siri) remain a common practice within Indonesian society. Although such marriages are considered religiously valid, they hold no legal standing under state law due to the absence of official registration with civil authorities. This lack of legal documentation leads to significant legal issues, particularly regarding the legal status of children born from such unions, including civil rights such as recognition, financial support, and inheritance. This study aims to examine the protection of the rights of children born from perkawinan siri from the perspectives of Islamic law, Christian doctrine, and Indonesian positive law, with the goal of identifying a common ground that ensures justice and child welfare. This research adopts a normative legal method (juridical-normative approach), incorporating statutory, conceptual, and comparative legal approaches. The data used in this study are secondary data, consisting of primary legal materials (laws and court decisions), secondary legal materials (legal literature and scholarly journals), and tertiary legal materials. Data were collected through library research. The data analysis technique employed is qualitative analysis, which involves examining the content and interpretation of relevant legal norms and religious teachings, as well as comparing them to identify alignments or discrepancies in the protection of children’s rights born out of unregistered marriages. In Islamic law, children born from biological relationships are entitled to protection, even if they are born outside of legally registered marriages. Within Christian teachings, perspectives vary across denominations; however, there is a general emphasis on the legitimacy of civil law. Under Indonesian national law, the legal status of such children may be acknowledged as long as the evidentiary requirements prescribed by law such as recognition by the father or a court ruling are fulfilled. This study highlights the critical importance of marriage registration as a form of preventive legal protection, ensuring the clarity of a child's legal status and the fulfillment of their rights. Furthermore, empirical findings reveal a persistent gap in legal awareness among the public and a disconnect between legal norms and their implementation, underscoring the need for active roles by the state and religious institutions in promoting legal education and policy reform.
The Law on Modifying the Engine of a Two-Wheel Motor Vehicle Perspective of Sadd Adz-Dzari’ah Lubis, Pangeran Fatih Hasyim; Lubis, Fauziah
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.v9i3.11888

Abstract

This study discusses the practice of engine modification on motorcycles in the Medan Tembung District, specifically at the MRT Garage workshop. The modifications are carried out at the request of customers to increase engine capacity. However, this practice is often considered illegal because it does not comply with safety standards and existing regulations in Indonesia. This study analyzes the phenomenon from the perspective of Sadd Adz-Dzari’ah in Islamic law, which prohibits actions that have the potential to lead to harm, even if initially permitted. The study also examines Indonesian legal regulations such as Government Regulation No. 55 of 2012 and Law No. 22 of 2009, which regulate the technical aspects of motor vehicle modifications. The findings show that such modification practices violate both Islamic law and government regulations, as they cause harm such as vehicle instability and an increased risk of accidents. This study contributes to the understanding of motor vehicle modification regulations from both Islamic and Indonesian positive law perspectives.
Kewenangan dan Tanggung Jawab PPAT dalam Proses Pembebasahan Tanah untuk Kepentingan Umum Putri, Deviana; 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.v9i3.11784

Abstract

The land acquisition process requires the involvement of various parties, one of which is the Land Deed Making Officer (PPAT). PPAT has an important role in ensuring the validity of land administration through the creation of authentic deeds, such as deeds of sale and purchase, deeds of gift, and deeds of release of rights. In the context of land acquisition for public interest, the authority and responsibility of PPAT are very crucial in ensuring legal certainty for all parties involved. This study aims to find out and understand the authority of PPAT in the process of land acquisition for public interest and to analyze the legal responsibility of PPAT in making words related to land acquisition. The type of research used in this thesis is normative legal research, namely research that focuses on the study of laws and regulations, legal doctrine, legal principles, and relevant literature. This study is used to analyze the authority and responsibility of PPAT as regulated in the positive legal system in Indonesia, especially in the context of land acquisition for public interest. The results show that the PPAT's authority in land acquisition for public interest is to make authentic deeds related to the transfer of land rights, such as deeds of sale and purchase, deeds of release of rights, and deeds of gift. This authority is administrative in nature and does not include the assessment of compensation or determination of land acquisition policies and the legal responsibilities of the PPAT include ensuring the validity of documents and the identities of the parties, as well as ensuring that the transferred land is not in dispute. PPAT's negligence can have legal consequences, both administrative, civil, and criminal.
Kebijakan Penanggulangan Narkotika oleh Badan Narkotika Nasional Ditinjau dari Undang-Undang Narkotika Khoirullah, Muhamad Satria; Hutabarat, Rugun Romaida
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.v9i4.11927

Abstract

This research stems from the obligation of a rule-of-law state to protect its citizens from the threat of narcotics abuse, which is increasingly widespread and endangering the nation’s survival. The purpose of this study is to explain the obstacles faced by the National Narcotics Agency (BNN) of Tangerang City in implementing law enforcement policies against narcotics crimes in its jurisdiction. This research employs an empirical legal method using a juridical-empirical approach, combining analysis of legal regulations with field data obtained through interviews, documentation, and literature studies. The findings show that although BNN Tangerang City has carried out various prevention, eradication, and rehabilitation policies through cross-sectoral cooperation with local governments, the police, and the community, implementation still faces serious challenges, such as shortages of human resources, limited operational facilities, weak inter-agency coordination, and gaps in technical understanding related to proving narcotics cases. In addition, the participation of Regional Government Organizations (OPD) is considered uneven, and private sector involvement remains minimal. This research recommends the need for increased budget allocation, recruitment and training of human resources, strengthening of forensic laboratories, optimization of technology, and regulatory improvements to create a more effective and sustainable narcotics control system in Tangerang City.
Efektivitas Penyelesaian Hukum Akibat Sound Horeg Melalui Restoratif Justice Parikesit, Dhana Harliza Putri; Romadhon, Ahmad Heru; Gunawan, Bambang Panji
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.v9i3.11654

Abstract

This research aims to examine the effectivenessof legal settlements regarding the nouise disrtubances caused by sound horeg through  a restorative justice approach . sound horeg refers to high-decibel audio devices used in community events such as birthdays, circumcisions, and carnivals. Excessive and unregulated use of these devices often disturbs public comfort and order. This can be considered an unlawful act, as it violates established noise level thresholds and infringes on the public’s right to a peaceful and healthy environment. The research adopts a normative juridical method with statutory and conceptual approaches. Data sources include literature review of relevant regulations such as the Criminal Code, Law No. 32 of 2009 on Environmental Protection and Management, and Ministerial Regulations on noise level standards. Secondary data were obtained from articles, news reports, community complaints, and scientific journals. The findings show that a restorative justice approach is more effective in resolving legal issues related to sound horeg compared to repressive methods. Restorative justice emphasizes deliberation, restoration of social relations, education for offenders, and continuous supervision. This approach helps minimize social conflict, enhances legal awareness in the community, and supports the creation of sustainable public order.
Fan Culture dan Batasan Hukum: Analisis Tindakan Sasaeng Fans dalam Perspektif Hukum Pidana Anggraeni, Hari Sri; Tohari, Mohamad; Susilowati, Tri
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.v9i3.11752

Abstract

The phenomenon of sasaeng fans in the K-pop industry has become a serious issue that threatens the privacy and security of idols. Behaviors such as stalking, spreading personal information, and even physical threats are common actions of sasaeng fans, which are often difficult to address legally. This study analyzes sasaeng fans' behavior from the perspective of South Korean criminal law, focusing on case studies of BTS and NCT. The research employs a normative and empirical juridical approach, utilizing legal regulations, court decisions, news reports, and relevant case documentation as data sources. The findings reveal that although South Korea has implemented the Stalking Punishment Act and other regulations, their enforcement faces several challenges, including difficulties in proving intent, relatively lenient penalties, and idols’ reliance on agencies to report cases. Therefore, stricter policy revisions, active agency involvement in reporting violations, and fan education on ethical boundaries in idol support are necessary. The results of the study show that although South Korea has enacted the Stalking Punishment Act and other regulations related to the protection of public figures, its implementation still faces significant obstacles. The original findings in this study indicate that one of the roots of the problem is not merely the legal vacuum, but rather the gap between the existence of the law and legal awareness of both victims and law enforcement officers. In addition, the results of this study also reveal that the sanctions imposed on sasaeng perpetrators tend to be light and do not have a deterrent effect, so that the practice of violating privacy against idols remains widespread.
Disparitas Putusan Hakim dalam Kasus Kekerasan Seksual oleh Pelaku Anak Ali, Nurul Fatwa; Sunariyo, Sunariyo; Alhadi, Muhammad Nurcholis
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.v9i4.11418

Abstract

Crimes against children are increasingly occurring, especially sexual violence that does not only recognize place and time, but also does not recognize who will be the perpetrator and victim. For example, the child perpetrator in Decision Number 27/Pid.Sus-Anak/2023/PN Smr and Decision Number 12/Pid.Sus-Anak/2024/PN Smr. The difference in punishment (criminal disparity) seen in both decisions can create a bad stigma in the eyes of the victim and the community, especially since both perpetrators committed crimes with a similar level of seriousness. This study aims to analyze the disparity that occurs between the two verdicts and analyze the judge's consideration in sentencing child offenders. This research uses a normative juridical method with qualitative analysis, and relates the theory of justice and juvenile punishment. The results of this study indicate that the disparity in punishment given is due to differences in the legal basis used so that the final punishment given in the two decisions is also different. This can be influenced by the different views of judges who, in making their decisions, are not only derived from juridical considerations but also non-juridical considerations.
Implementasi Kebijakan Pencegahan Penyalahgunaan Narkotika pada Anak Ilham, Rianza Naufalfalah; Adhari, Ade
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.v9i4.11965

Abstract

Drug abuse among children in Tangerang City is a serious problem that requires greater attention from various parties. This study aims to examine the implementation of drug abuse prevention policies for children in Tangerang City, as well as to identify obstacles and supporting factors in their implementation. The policies that have been implemented involve various sectors, including education, health, and law enforcement. Children, as individuals who are still in their developmental stage, require an approach that builds awareness and resilience, rather than one that stigmatizes them. Therefore, prevention policies need to be designed in such a way that they can reach children through age-appropriate education, safe and supportive environments, and the involvement of families and schools as the first line of defense in protecting children from the threat of drugs. Under Law No. 23 of 2002 on Child Protection, as amended by Law No. 35 of 2014 and most recently by Law No. 17 of 2016, Article 13(1) and (2) state that children have the right to protection from the abuse of narcotics, psychotropic substances, and other addictive substances. Additionally, Article 59(2)(d) mandates the state and government to provide special protection to children who are victims of drug abuse. However, evaluation results indicate challenges in inter-agency coordination, lack of active participation from parents and the community, and limited resources in implementing these policies. This study suggests the importance of a more integrated approach, involving the community actively, and strengthening the capacity of implementing institutions to achieve success in preventing drug abuse among children.
Perlindungan Hukum Terhadap Konsumen Apartemen Paragon Square Akibat Wanprestasi Kusumawati, Marissa; Zamroni, M.; Romadhon, Ahmad Heru
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.v9i4.12156

Abstract

Apartments are included in the Commercial Apartment category as regulated in Article 1 number 10 of Law Number 20 of 2011 concerning Apartments (UURS), which are organized for commercial purposes to gain profit. In practice, developers as business actors often conduct promotions by offering various facilities and advantages of apartment units to consumers. However, it is not uncommon for the promised facilities to be not fulfilled, or the units are not handed over on time as stated in the Sales and Purchase Agreement (PPJB), resulting in default. This study aims to analyze the forms of default committed by developers in the delivery of apartment units and examine the form of legal protection for consumers who are harmed. The research method used is normative juridical with a statutory approach and literature study. The results of the study indicate that defaults committed by developers cause material losses and legal uncertainty for consumers, and place consumers in a weaker legal position in sales and purchase transactions. Legal protection for consumers should be sought through fair and balanced agreements, but in reality the PPJB has not provided adequate legal certainty. In the event of a default, consumers have the right to demand compensation as regulated in Articles 1238, 1243, and 1249 of the Civil Code, and can seek dispute resolution as regulated in Article 105 of the UURS through litigation in court.
Keabsahan Hukum Perjanjian Jual Beli melalui Whatsapp Bisnis berdasarkan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Alfatunisah, Alfatunisah; Sativa, Annisa
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.v9i4.12137

Abstract

The rise of digital technology has driven business actors to use WhatsApp Business as a platform for buying and selling transactions, which in turn increases the risk of breach of contract (wanprestasi) against consumers. This study aims to identify the causes of business actors' breach of contract through WhatsApp Business, analyze legal protection for consumers based on Law Number 8 of 1999 on Consumer Protection (UUPK), and evaluate the application of legal sanctions against business actors who commit breaches. The research uses a normative juridical approach, relying on statutory regulations, legal principles, and relevant literature, along with document-based analysis. The findings show that agreements made through WhatsApp can be legally binding if they meet the valid elements of a contract as stipulated in the Indonesian Civil Code (KUHPerdata). Consumers who suffer losses are entitled to protection and compensation in accordance with Article 19 of the UUPK, and business actors can be subjected to civil, administrative, or criminal sanctions if proven to have committed a breach. Transactions via WhatsApp Business fall within the scope of formal legal protection, and electronic evidence such as chats and payment proofs are legally admissible in court as guaranteed by the Electronic Information and Transactions Law (ITE Law).

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