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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 Hukum Peserta Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan dalam Pelayanan Kesehatan Putri, Gustina Tri Lestari; 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.v9i4.12187

Abstract

This study aims to analyze the form of legal protection provided to patients holding BPJS Health cards in Medan City, as well as to examine the responsibility of BPJS Health towards participants who experience suboptimal healthcare services. Issues regarding the quality of healthcare services received by BPJS participants have become an important matter as they concern the fulfillment of basic rights to health. This research employs a normative juridical method with a statutory approach, and utilizes data collection techniques in the form of literature study and interviews with related parties, with the data analysis technique used being qualitative analysis, which involves examining and interpreting data based on applicable legal provisions, as well as connecting it with interview results obtained in the field to gain a comprehensive understanding of the implementation of legal protection. Based on the research findings, it is known that legal protection for patients holding BPJS Health cards in Medan City has been implemented in accordance with applicable laws and regulations. This legal protection is divided into two forms: Preventive protection is implemented through education, information dissemination, and ease of access in submitting complaints. Meanwhile, repressive protection is provided through dispute resolution mechanisms both through non-litigation (mediation) and litigation (court) processes. In addition, the responsibility of BPJS Health Medan branch towards participants who experience disappointment, dissatisfaction, and those who do not receive their rights related to healthcare services is manifested in the form of swift and fair actions in accordance with operational standards and applicable legal provisions. The results of this study indicate that although there are several obstacles in practice, generally the implementation of legal protection for BPJS participants in Medan City has been running and provides a foundation of protection for BPJS Health participants.
Akibat Hukum Pembatalan Jual Beli di Aplikasi E-Commerce sebagai Perbuatan Itikad Tidak Baik Berdasarkan KUH Perdata Fakira, Qania Athaya; Lubis, Syaddan Dintara
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.v9i4.12089

Abstract

The transformation of digital technology and the development of the internet have revolutionized trade activities, one of them is through electronic commerce (e-commerce). This business model offers ease of transactions, time efficiency, and expanded market reach without geographical boundaries. However, this convenience raises legal issues, one of them is unilateral transaction cancellation by the buyer, particularly with the Cash on Delivery (COD) method. From the perspective of Indonesian civil law, unilateral cancellation without a valid reason constitutes a form of default and a violation of the principle of good faith as regulated in Clause 1338 verse (3) of the Civil Code. This study aims to identify legal provisions related to bad faith in unilateral cancellation and to analyze the forms of legal protection for sellers in e-commerce. This study uses a normative juridical research type with a statutory approach. Data collection techniques include literature studies, including primary legal materials such as the Civil Code, Clause No. 8 of 1999 concerning Consumer Protection, and Clause No. 11 of 2008 concerning Electronic Information and Transactions, as well as secondary and tertiary legal materials. The analysis method in this study is qualitative, conducted through an interpretation of the processed legal materials. The results show that unilateral cancellations, particularly in COD systems, cause losses for sellers both financially and non-financially, including damaged goods, repackaging costs, lost potential profits, and psychological stress. Legal protection for sellers includes the right to receive payment as agreed, protection from bad faith consumer actions, and the right to claim compensation under Clause 1243 of the Civil Code. Prevention efforts can be implemented practically, such as reporting to the platform and deactivating the COD option, or legally through lawsuits for breach of contract or unlawful acts. This study presents a novelty approach to the concept of bad faith, which can be considered to be unilateral cancellation.
Kepentingan Terbaik Anak dalam Pengaturan Hukum Dispensasi Perkawinan Kusnadi, Sekaring Ayumeida
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.v9i4.12264

Abstract

The state is constitutionally obligated to ensure the fulfillment of child protection rights as an integral part of human rights. One such regulatory mechanism pertains to the legal framework governing marital agreements, known as marriage dispensation. This legal document is used to deal with specific situations that are considered to be in the best interests of the child. Article 7, paragraph (2) of Law No. 16/2019 on Marriage says that marriage dispensation may be granted in cases of extreme urgency. However, the legal text does not clearly explain what "very urgent reasons" are. The objective of this study is to analyze the concept of the best interests of the child within the framework of the regulation of marriage dispensation in Indonesia. The results of this study will probably be used as a reference when the Marriage Law is changed in the future. The research method juridical normative within statute and conceptual approach. The results explain that there is a lack of clear legal guidelines regarding marriage dispensation, leading to different interpretations and contributing to the high number of marriage dispensation applications in Indonesia. The main reason people use these apps is emotional, and it has to do with love. This condition has the potential to circumvent the fundamental principle of child protection and undermine the legal objectives that are intended to be achieved. The recommendation in this article is that the Marriage Law should clearly define "very urgent reasons" for obtaining marriage dispensation in the future. This affirmation is needed to make sure that the law is clear, fair, and benefits children while protecting them. The main idea of this research is that the rules in the Marriage Law should be changed to match the ideas of protecting children and the idea that the child's best interests should be considered, as stated in international agreements like the Convention on the Rights of the Child, which has been ratified by Indonesia.
Ketidakseimbangan Penentuan Klausula Baku dalam Kontrak Pembiayaan Modal Kerja: (Studi Putusan No. 13/Pdt.G/2011/Pn. End) Muhairir, Mulia Aqsa; Harahap, Mhd Yadi
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12317

Abstract

Standard clauses that are imbalanced in working capital financing contracts, with a case study on Decision No. 13/Pdt.G/2011/PN. End. The approach used is normative juridical, by examining laws and regulations, doctrines, and judicial considerations. Data were collected through library research covering various legal sources, including primary materials such as the Indonesian Civil Code (KUHPerdata), Law Number 8 of 1999 concerning Consumer Protection (UUPK), and Decision No. 13/Pdt.G/2011/PN.End. Secondary materials used include legal books and journals. Tertiary materials include legal dictionaries and encyclopedias. The results show that clauses granting unilateral authority to the business party, eliminating the debtor’s right to objection, and establishing irrevocable absolute power have violated the principle of contractual justice and the provisions of Article 18 of Law Number 8 of 1999 concerning Consumer Protection. Such clauses are declared null and void because they fail to meet the elements of free agreement and lawful cause in contract law. Therefore, there needs to be a reassessment of the practice of standard contracts in the financing sector to ensure fair legal protection for consumers.
Pelaksanaan Restrukturisasi Kredit terhadap Penyelesaian Perjanjian Kredit Perbankan Lubis, Raihanah Erwina; Budhiawan, Adlin
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12318

Abstract

This study discusses the implementation of credit restructuring in the settlement of banking credit agreements in Indonesia. Credit restructuring is a corrective effort undertaken by banks for debtors experiencing difficulties in fulfilling their obligations, as regulated in the Financial Services Authority Regulation (POJK) No.11/POJK.03/2015 and No.40/POJK.03/2019, as well as Bank Indonesia Regulation No.14/15/PBI/2012. The research employs a descriptive analytical method, which involves detailed explanations of the topics under discussion The research was conducted at a state-owned bank in Indonesia, which is kept confidential to protect the institution’s privacy. The legal materials used consist of primary and secondary legal sources; primary materials include statutory regulations arranged hierarchically and legally binding in society. The results indicate that the implementation of restructuring involves multiple stages, ranging from credit monitoring, feasibility analysis, to the formulation of the restructuring agreement as part of efforts to rescue problematic credit. Restructuring may involve interest rate reductions, term extensions, principal or interest arrears reductions, additional credit facilities, or conversion of credit into equity participation. Findings also reveal that open communication, transparency, and good faith between debtor and creditor are key to successful restructuring. Furthermore, the success of restructuring is measured by smooth installment payments after restructuring, while failure may result in collateral auction. This study is expected to provide both conceptual and practical contributions to the development of banking law and enhance public understanding of rights and obligations in credit restructuring.
Same-Sex Marriage Across Cultures: Contrasting Perspectives Between Proponent and Opponent Countries Sidiqah, Meliyani
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12322

Abstract

This study examines the intricate social dynamics surrounding the legalization and rejection of same-sex marriage across various countries, particularly through the interplay of moral and ethical values, social norms, and formal state laws. Methodologically, this study adopts normative juridical research and relies on secondary sources of data, including primary, secondary, and tertiary legal materials. A comparative method is employed to contrast and contextualize diverse legal and socio-political perspectives. The data, collected through extensive library research, are analysed using a qualitative analytical framework. This study identifies two central points of focus. First, the factors that distinguish the perspectives of proponent and opponent countries regarding same-sex marriage. Second, the variables influencing the strengthening or weakening of support for same-sex marriage within different national and cultural contexts. Generally, proponent countries emphasize adherence to universal human rights instruments, including the recognition of same-sex marriage, while opponent countries often rely on contextual interpretations shaped by cultural and religious values. The findings of this study reveal five key factors that account for the differing perspectives on same-sex marriage: the enduring debate between universality versus relativity of human rights, differing ideological orientations, contrasting conceptions of the relationship between state and religion, varied constructions of moral benchmarks upheld by states, and the distinctive national legal frameworks adopted. In addition, five further determinants are identified as shaping the intensity of public and legal support: prevailing societal values (individualistic or communal), judicial decisions, the presence of civil society movements, the influence of public figures, and the broader national objectives pursued.
Analisis Yuridis Penegakan Hukum atas Pelanggaran Izin dalam Undang-Undang No. 32 Tahun 2009 Nazah, Farida Nurun; Renanta, Yunesia Amelia; Ramadan, Aesa Rizki; Arkananta, Rakha Purwa; Anggraini, Naswa Fiolla; Agustina, Winda; Wijaya, Friska Nova; Sahputra, Dedi; Salsabil, Aida Hanan Putri
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12227

Abstract

Environmental licensing violations have become a significant factor accelerating ecosystem degradation in Indonesia. Licensing instruments, which are supposed to function as preventive and controlling tools, are often neglected by both business actors and local governments. This research aims to analyze law enforcement against environmental licensing violations based on Law Number 32 of 2009 concerning Environmental Protection and Management, while also examining its effectiveness, challenges, and potential improvements. This study employs a normative juridical research type with a statutory and case study approach. The data consist of primary, secondary, and tertiary legal materials obtained through literature review and documentation. Data analysis was carried out qualitatively by interpreting applicable legal norms and comparing them with law enforcement practices in the field. Data validity was ensured through source triangulation, combining statutory provisions, legal doctrines, and empirical findings from relevant case studies. The findings reveal that licensing violations generally include neglect of Environmental Impact Assessment (Amdal), environmental permits, and business activities conducted without UKL-UPL documents. Law enforcement measures cover administrative, criminal, and civil instruments, yet their implementation remains ineffective due to weak supervision, the lack of deterrent sanctions, and conflicts of interest among stakeholders. This study concludes that law enforcement on licensing violations has not been optimal and requires strengthening in regulatory frameworks, institutional capacity, and public participation. Strengthening inter-agency coordination, enforcing strict sanctions without discrimination, and encouraging community involvement are deemed essential to enhance compliance and improve environmental governance in Indonesia.
Perlindungan Hak Waris Anak yang Lahir dari Perkawinan Tidak Tercatat Menurut Kompilasi Hukum Islam Adjani, Muhammad Ahnaf; Yani, Encep Ahmad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12366

Abstract

This study examines the protection of inheritance rights of children born from unregistered marriages according to the Compilation of Islamic Law (KHI) using descriptive qualitative methods and a normative legal approach. The purpose of the study is to describe in detail the facts on the ground while analyzing applicable legal norms and their conformity with community practices. Data collection techniques were carried out through a literature study including books, journals, articles, laws and regulations, and relevant documents, which were then critically analyzed to produce a comprehensive understanding. The results show that unregistered marital status has a significant impact on the legal recognition of children as heirs. According to the KHI, children are the primary heirs, but this provision only applies to children born from legal and officially registered marriages. Children born outside of registered marriages generally do not receive inheritance rights from their biological fathers, unless there is legal recognition or a court decision. In practice, the protection of children's inheritance rights is often hampered by patriarchal culture, low legal literacy, and differences between customary law and Islamic law. Daughters, children born out of wedlock, and adopted children tend to be more disadvantaged in inheritance distribution. As a solution, marriage confirmation at the Religious Court is the primary step in legalizing marital status, thereby granting children legal status as heirs. Another alternative is to adhere to Constitutional Court Decision No. 46/PUU-VIII/2010, which allows illegitimate children to inherit from their biological father with proof of a civil relationship. Increasing public legal awareness and facilitating access to marriage registration are key to ensuring fair protection of children's inheritance rights in accordance with Islamic principles of justice and national law.
Penguasaan Tanpa Izin atas Aset Lahan Sitaan Kejaksaan: Studi Yuridis terhadap Celah Penegakan Hukum Pidana Dairi; Rindiani, Anis; Dewi, Virna
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12402

Abstract

Unauthorized possession of land assets seized by the prosecutor’s office constitutes a form of legal violation that has the potential to hinder the enforcement of criminal law. This study aims to analyze the criminal law provisions governing the possession of seized land assets and to identify the obstacles and legal loopholes that arise in its enforcement practices. The research method employed is a normative juridical approach with a focus on the study of positive law. Data collection techniques were carried out through literature study of statutory regulations, legal literature, and relevant court decisions, combined with secondary data in the form of official documents from the prosecutor’s office related to the management of evidence and seized property. Data analysis techniques used normative qualitative analysis, namely by interpreting positive legal norms, linking them with legal doctrines, and comparing their application in judicial practice.The findings of this research indicate that illegal possession of seized assets is regulated in the Indonesian Penal Code (KUHP), Law Number 8 of 1981 concerning the Criminal Procedure Code, as well as the technical regulations of the prosecutor’s office regarding the management of seized property. However, in practice, there are still several challenges, including weak supervision systems, unclear mechanisms for asset safeguarding, and legal loopholes that allow third parties to physically control assets without official procedures. These findings emphasize the need to strengthen technical regulations, improve supervision systems, and enhance coordination among law enforcement agencies to prevent the misuse of seized land assets by the prosecutor’s office.
a Konstruksi Hukum Pidana Dalam Penanggulangan Kejahatan Siber Berbasis Teknologi Deepfake di Indonesia: Kontruksi Hukum Pidana dalam Penanggulangan Kejahatan Siber Al Alif, Supuan Sultan; Rindiani, Anis; Marhayati, Cik
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12406

Abstract

The development of Deepfake technology presents new challenges for Indonesian criminal law, particularly in the field of cybercrime. Deepfake, as an artificial intelligence creation, can realistically manipulate audio and video, making it susceptible to misuse for fraud, non-consensual pornography, defamation, and digital identity theft. This study focuses on the construction of Indonesian criminal law in addressing Deepfake-based cybercrime. The research employs a normative juridical approach combined with a comparative study. The data consist of primary legal materials (the ITE Law, the Criminal Code, the Personal Data Protection Law, and court decisions), secondary legal materials (scholarly journals, books, research reports), and tertiary legal materials (legal dictionaries, encyclopedias). Data were collected through library research and documentation, and analyzed using descriptive-comparative techniques. Data validity was ensured through source triangulation and cross-verification. The findings show that the construction of Indonesian criminal law in handling Deepfake-related crimes still relies on extensive interpretation of the ITE Law (Articles 27, 28, 35) and relevant provisions of the Criminal Code on morality, fraud, and defamation. However, this construction remains inadequate, as there is no explicit provision regulating AI-based content manipulation, leading to legal uncertainty in terms of offense elements, evidentiary standards, and criminal liability. Nevertheless, there is potential for adaptation through analogical interpretation, the broad jurisdiction principle of the ITE Law, and general criminal sanctions. To strengthen this legal construction, it is necessary to establish specific regulations defining Deepfake in legal terms, provide graded sanctions based on impact, ensure victim protection (including the right to be forgotten), and impose preventive obligations on digital platforms.

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