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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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Peran Kepolisian Resor Binjai Dalam Pelaksanaan Restorative Justice Terhadap Tindak Pidana Penganiayaan Anak Robby Yusuf Syahputra; Rahmayanti; Sahlepi, Muhammad Arif
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.v9i5.12435

Abstract

Indonesia as a country based on law based on Article 1 paragraph (3) of the 1945 Constitution provides special protection for children in conflict with the law. In this context, the Binjai Police Resort (Polres) has a strategic role in implementing Restorative Justice through different mechanisms as regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study aims to analyze: (1) the application of Restorative Justice to juvenile criminal offenses at the Binjai Police Resort; (2) obstacles encountered in its implementation; and (3) the role of the Binjai Police Resort in realizing the goal of diversion. The research method used is empirical juridical with a qualitative approach. Data were obtained through document studies, direct observation, and in-depth interviews with the PPA investigation unit, victims, perpetrators, and community leaders. Data analysis was conducted descriptively-qualitatively with an emphasis on the effectiveness of the application of the law in practice. The results of the study show that the success rate of diversion at the Binjai Police is quite high, namely 72.7% in 2023 and 73.3% in 2024, although it decreased to 60% in 2025. Factors inhibiting the implementation of Restorative Justice include decreasing public understanding, resistance from victims, economic limitations of perpetrators, minimal child-friendly facilities, efforts to have certified human resources, monitoring, and suboptimal involvement.
Analisis Siyasah Tanfidziyah Terhadap Implementasi Undang-Undang No 40 Tahun 2007 Tentang Perseroan Terbatas Nisak, Siti Marhumatun; Faizal, Liky; Latua, Abidin
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.v9i5.12254

Abstract

Limited liability companies operate within the fabric of society and, therefore, their presence should ideally generate mutual benefits for both the corporation and the surrounding community. In pursuit of this objective, Article 74(1) of Law No. 40 of 2007 on Limited Liability Companies mandates that companies engaged in sectors related to natural resources are obligated to fulfill their social and environmental responsibilities. However, in practice, the implementation of this law is often limited to a formal compliance effort, lacking substantive action to achieve its intended purpose. Such responsibilities should be carried out earnestly to ensure that the intended social and environmental outcomes are effectively realized and not rendered ineffective or meaningless. The implementation of social responsibility in Law Number 40 of 2007 is a government effort to improve the standard of living of the community with regulations that should be implemented by the limited liability company. With data collection techniques through field research. Islamic law regulates between rights and obligations for the welfare of humanity with the existence of Fiqh siyasah tanfidziyyah, it can ensure that the policies implemented by limited liability companies and the government are truly appropriatein order to achieve the welfare of society.
Pemblokiran Tanah dalam Sengketa Perbuatan Melawan Hukum: Studi Kasus Putusan Nomor 11/Pdt.G/2017/PN. Btg Tyas, Dian Tiara Adhining; Mahfud, Muhammad Afif
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.v9i5.12442

Abstract

Land research in the perspective of Indonesian agrarian law is not only seen as a material object, but also as a gift from God Almighty which must be managed for the greatest prosperity of the people as regulated in Article 33 paragraph (3) of the 1945 Constitution and the 1960 UUPA. However, in practice, land often gives rise to disputes due to administrative weaknesses or conflicts of interest, such as in the case of PT Wersut Seguni Indonesia against the heirs of Denny Charso, where land purchased with company funds was registered in a personal name. This dispute demonstrates the important role of the land blocking mechanism as a preventive legal instrument to prevent the transfer of rights before a legally binding decision is made. The research method used is normative juridical with a descriptive-analytical nature. The approaches used are the statute approach and the conceptual approach. The types of data used include primary legal materials, namely the UUPA, PP No. 24 of 1997, Permen ATR/BPN No. 13 of 2017, and related court decisions; secondary legal materials, in the form of agrarian legal doctrine and literature; and tertiary legal materials, in the form of legal dictionaries and encyclopedias. Data collection techniques were carried out through library studies and document analysis, with the analysis carried out qualitatively normatively to interpret legal rules and practices in resolving land disputes. Article 7 paragraph (1) of the Minister of ATR/BPN Regulation No. 13 of 2017 only regulates blocking in criminal cases, whereas field practice shows that blocking is also necessary in civil disputes, such as lawsuits for Unlawful Acts (PMH) and breach of contract. This limitation creates legal uncertainty for the injured party. Therefore, there needs to be a revision of the regulations so that blocking can be applied consistently in all types of cases, so that the law is not only present as a rigid norm, but also as a means of humanistic protection, protecting the rights of the community, maintaining a sense of justice, and preventing further losses.
Mahkamah Konstitusi sebagai Negatif Legislator: Analisis Peran dan Batasan dalam Pembatalan Undang-Undang Irwan, Muhamad; Saleh, Moh.
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.v9i5.12538

Abstract

The Constitutional Court of Indonesia holds a significant position as a negative legislator, primarily tasked with reviewing laws for their alignment with the 1945 Constitution. This research explores the scope of the court’s authority and its constraints, particularly when nullifying laws or inadvertently establishing new legal norms. Through a normative legal approach, this study investigates several rulings of the Constitutional Court to evaluate whether the court surpasses its jurisdiction by creating new legal precedents. The findings underscore an ongoing discussion about whether the court maintains its role within the separation of powers or encroaches upon the legislative domain. The study concludes with assessing the legal consequences of these rulings and their broader influence on Indonesia's legal and governance systems.
Perlindungan Hukum Pemegang Saham Publik Akibat Dilusi Kepemilikan Saham Pasca Pelaksanaan Penambahan Modal Tanpa Hak Memesan Efek Terlebih Dahulu Chen, Zefanya Angellin; Adam, Richard C.
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.v9i5.12539

Abstract

Capital Increase Without Preemptive Rights (PMTHMETD) is a measure taken by the Company to increase capital without offering new shares to existing shareholders in order to implement a settlement plan. Legally, PMTHMETD is regulated in the 2007 Company Law and POJK 14./2019. However, the implementation of PMTMETD results in share dilution for shareholders, especially for public shareholders who are not involved in the voting process. This mechanism often causes dilution of share ownership, especially for public shares owned by the public, who have relatively lower voting rights compared to Majority Shareholders, and especially in the General Meeting of Shareholders (GMS) as a form of approval of the settlement plan. The 2007 UUPT and POJK 14./2019 regulate the mechanism for issuing new shares, but these provisions do not provide substantive protection for public shareholders because public shareholders are in a position to accept without being given the right to make decisions, while majority/controlling shareholders are involved in the decision-making process to approve the settlement plan and are aware of the risks of share ownership dilution. As a result, public shareholders are often in a passive position, accepting policies without the right to make decisions. This study aims to analyze the form of legal protection for public shareholders whose shares are diluted after the implementation of capital increases without preemptive rights. Considering that the settlement plan is a legal product, public shareholders are in a dilemma of not accepting the Company's actions. The type of research used is normative juridical with a literature study using primary, secondary, and tertiary materials and qualitative data. The results of the study will describe the obstacles and forms of legal protection for public shareholders to obtain equality and legal protection.
Menakar Kepailitan Digital: Urgensi Reposisi Perlindungan Konsumen dalam Bangkrutnya Platform E-Commerce di Indonesia: Perlindungan Konsumen dalam Bangkrutnya Platform E-Commerce Abdalla, RM. Sheridan; Rindiani, Anis; Pawari, Rahmiati Ranti
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.v9i5.12476

Abstract

The rapid growth of Indonesia's digital economy has introduced various e-commerce platforms that serve as the backbone of national electronic commerce. However, the phenomenon of bankruptcy or collapse of major e-commerce platforms, as seen in several national marketplace cases, raises serious concerns regarding consumer protection. This research aims to analyze legal gaps in consumer protection when e-commerce platforms face bankruptcy and examine the urgency of repositioning consumer protection mechanisms in the context of digital bankruptcy. The research employs a normative juridical approach with comparative analysis of existing bankruptcy and consumer protection regulations. The findings reveal that conventional bankruptcy provisions in Law No. 37 of 2004 are inadequate to accommodate the unique characteristics of digital platforms, particularly regarding consumer fund protection, resolution of pending transactions, and responsibility for consumer personal data. This situation is exacerbated by weak coordination between consumer protection agencies and curators in bankruptcy proceedings. The research recommends the need for lex specialis reformulation governing digital platform bankruptcy with consumer protection as the primary priority, establishment of specially protected escrow account mechanisms, and strengthening the role of BPSK (Consumer Dispute Settlement Agency) in handling digital bankruptcy disputes.
GEBRAK (Gerakan Buruh Bersama Rakyat) dalam Melaksanakan Demonstrasi terhadap Penolakan Omnibus Law Undang-Undang Cipta Kerja Rahmani, Allyah Nur; Nurlita, Dwie Shinta; Muradi
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.v9i5.12549

Abstract

This study aims to examine the role of the Joint Labor Movement (GEBRAK) as a representative of civil society in organizing demonstrations against the 2020 Omnibus Law on Job Creation. This study uses a descriptive qualitative approach with a literature review method, through searching various academic literature, policy documents, and relevant online news sources. Based on the results of the study, it is known that the formation of the Job Creation Law has caused widespread rejection from the public because it is considered non-participatory, non-transparent, and detrimental to labor groups through the elimination of a number of basic labor rights. GEBRAK emerged as a cross-sector alliance that brought together labor unions, students, activists, and other civil society organizations to articulate public aspirations through demonstrations, legal advocacy, and media campaigns. As a force of civil society, GEBRAK plays an important role in safeguarding participatory democracy by asserting the rights of citizens to voice their opinions and monitor government policies. This movement not only demonstrates resistance to neoliberal policies that are considered unfair, but also symbolizes the growing political awareness of society in the era of Indonesian democracy. This study confirms that the demonstrations carried out by GEBRAK are a concrete manifestation of the function of civil society in maintaining a balance between state power and the aspirations of the people.
Pembatasan Kewenangan Presiden dalam Memberikan Dukungan Terhadap Bakal Calon Presiden dan atau Bakal Calon Wakil Presiden untuk Mewujudkan Pemilihan Umum yang Demokratis dan Berintegritas Irwan, Muhamad; Saleh, Moh.
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.v9i5.12551

Abstract

This research examines the importance of limiting presidential authority in supporting presidential and/or vice presidential candidates in order to realize democratic elections with integrity. In the Indonesian political system, the president's position is very central, and his enormous influence has the potential to be abused if the president is directly involved in campaign support, which could distort the principle of equal opportunity for all candidates. Law Number 7 of 2017 concerning Elections and other regulations have emphasized the importance of the neutrality of state officials to ensure that elections run according to the principles of honesty and justice. The legal problem of presidential neutrality in holding elections is a crucial issue that needs to continue to be studied. This research uses normative legal methods, focusing on literature review and analysis of statutory regulations, including the 1945 Constitution and Law no. 7 of 2017 concerning Elections. Primary data includes statutory regulations, while secondary data comes from legal literature, previous research documents, and reports from election monitoring institutions. The analysis was carried out qualitatively with statutory interpretation, comparative analysis and theoretical analysis. The research results show that the legal basis for limiting presidential authority is clearly regulated in the 1945 Constitution (Article 6A paragraph (1) and Article 28D paragraph (1)) as well as Law no. 7 of 2017 (Article 282 and Article 283) Violations of the president's neutrality could have implications for ethical sanctions by the DKPP, lawsuits over election results at the Constitutional Court, legitimacy crises and political instability. This study confirms that the president's neutrality is in line with the principles of deliberative democracy and constitutionalism, where abuse of power can harm the principles of healthy democracy. strengthening the legal framework, monitoring mechanisms, and civil society participation to overcome weaknesses in the monitoring system and ensure democratic elections and integrity.
Tanggung Jawab Notaris dalam Pembuatan Akta Perusahaan dan Implikasinya terhadap Perbuatan Pidana Pemalsuan Dokumen : (Studi Atas Putusan Nomor 589/Pid.B/2023/PN Jkt.Sel) Djajaputra, Gunawan; Albert
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.v9i5.12586

Abstract

Notaries play a strategic role in the Indonesian legal system, particularly in the preparation of company deeds of establishment and amendments. A notary's responsibilities extend beyond administrative duties and include preventive legal functions and oversight of document validity. The primary duties of a notary include verifying the identity of the parties, verifying the authority of the management, verifying the authenticity of documents, recording, storing, and providing legal advice to prevent misuse of documents by unauthorized parties. The case of Muhammad Rinaldi in Decision Number 589/Pid.B/2023/PN Jkt.Sel emphasizes the importance of verifying and legalizing amendments, as illegal use of old deeds can result in legal, financial, and reputational losses for both the company and third parties. Notarial deeds have full evidentiary power as stipulated in Article 1868 of the Civil Code and Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (UUJN). However, unlawful misuse of notarial deeds can be classified as a criminal act of document forgery as referred to in Article 263 paragraph (2) of the Criminal Code. Legal protection for third parties acting in good faith is still guaranteed, including the right to restitution for losses resulting from forgery. This study confirms that integrity, professionalism, and the implementation of strict verification procedures by notaries are essential factors in ensuring legal certainty, preventing misuse of deeds, and protecting the rights of all interested parties. Thus, the role of notaries must be understood not only as the maker of deeds, but also as the guardian of legality and guardian of legal morality in notarial practice in Indonesia.
ANALISIS HUKUM TERHADAP PELAKU AKTIVITAS PIDANA PENCABULAN DAN KEKERASAN ANAK DI BAWAH UMUR (PUTUSAN NO.49/PID.SUS/2019/PN LBB) Farhana, Farhana; Saputra, Muhammad Fadira; Batubara, Sonya Airini
Legal Standing : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): September
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i2.5291

Abstract

Often criminal acts occur in human life and that includes their problems. usually this is because of something like their lust that wants a crime. Crimes that can be committed include various kinds of acts of harassment, obscenity and sexual violence. Types of crimes whose actions are in the category of sexual violence such as obscenity have a lot of impact on the victims. The victims besides being harmed they will also experience trauma and high shame. The study that will be carried out uses normative juridical, namely the method used in conducting research in the field of law with steps. This method works by analyzing legal sources in writing and available in the literature. The materials used in this research are laws, research journals, and books that are still relevant to the prevailing problems. This research uses a descriptive approach. where research is based on written rules as they are. Legal research on child abuse has basically been stated in article 76 E of Law no. 35 of 2014 regarding changes to Law NO. 3 of 2002 which deals with child protection. It is clearly stated in article 76 E which reads "Every person is prohibited from committing violence or threats of violence, forcing, deceiving, committing a series of lies, or persuading children to commit or allow obscene acts to be carried out". This case is also listed in the Lubuk Basung Court Decision No. 49/pid.sus/2019/PN LBB which received the result of the decision because the law had reported that the defendant was stating that the defendant was legally proven guilty of carrying out a crime in the form of intercourse with a minor. This violates Article 76 D in conjunction with Article 81 paragraph 1 UURI Number 35 of 2014 regarding changes to Law no. 23 of 2002 regarding child protection.

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