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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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HUKUM PENETAPAN BIAYA PENYIMPANAN EMAS DALAM AKAD RAHN PERSPEKTIF FATWA DSN-MUI NOMOR. 25/III/2002 Nisma, Aulia; Hasanah, Uswatun
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8348

Abstract

Bank Syariah Indonesia (BSl) is a Sharia financial institution that helps the community in carrying out economic activities according to Islamic law. One of them is the implementation of gold pawning. Pawning (Rahn) in the Islamic view is property that is used as collateral for debts/loans that have been received. It is suspected that the implementation of sharia gold pawning at BSL is inconsistent with the provisions of DSN-MUI Fatwa Number. 25/DSN-MUI/III/2002 concerning Rahn. This research aims to find out how the gold storage costs are determined at Bank Syariah Indonesia KC S. Parman, as well as what the Fatwa law is regarding the implementation of gold pawning at BSI KCP S Parman. This research uses qualitative research methods sourced from research information obtained while conducting research at Bank Syariah KC S. Parman, and is supported by data that can be strengthened with literature as support. The results of the research show that, Sharia Gold Pawning at BSI KCP S Parman determines fees (ujrah) based on the loan size. The greater the cost of borrowing, the greater the storage costs. The implementation of determining marhun storage fees (ujrah) at BSI does not fully refer to the DSN-MUI Fatwa NUMBER 25/III/2002.
KEPEMILIKAN RUMAH SUSUN OLEH WARGA NEGARA ASING DALAM MEWUJUDKAN KEPASTIAN HUKUM Udjan, Bernadeth Gisela Lema; Sari, Retno Dewi Pulung
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8367

Abstract

This research aimed to critically analyze regulations regarding the ownership status of flats in realizing legal certainty. The research method used is normative juridical research using a library study model. This research uses a legislative regulation strategy. The research results show that the concept of apartment ownership, which has been regulated in statutory regulations, has different rules. The UUPA firmly states that only Indonesian citizens (WNI) have rights to land with the status of Ownership Rights, Business Use Rights, and Building Use Rights. In contrast, the Job Creation Law states that foreigners are allowed to have ownership of Building Use Rights (HGB) without changing the right becomes the Right to Use. However, Building Use Rights (HGB) can only be owned by Indonesian citizens, and ownership can be given to foreigners who have a residence permit with the requirement of completing the house shape criteria that the government itself has regulated.
ANALISA CYBERCRIME PENCURIAN DATA PRIBADI MODUS APLIKASI PINJAMAN ONLINE DAN DIGITAL BANKING Sugiarto, Evan; Oscar, Vincentius; Simanungkalit, Dewi Sartika
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8545

Abstract

These technological advances have resulted in tremendous efficiency for the economy. Financial institutions have changed approaches and practices. His financial business. However, rapid technological progress has resulted in negative consequences, such as an increase in more sophisticated cyber crimes. This research aims to examine technology-based crimes involving data theft using online lending and digital banking modes. This research uses a normative juridical type with data collection using literature studies, as well as correlative analysis. The results of this research show that criminals collaborate with financial service institutions. Using sophisticated information technology and computers to steal client online loan application data. Financial service institutions usually only commit document falsification, embezzlement and corruption as victims. Efforts to prevent these crimes include the ITE Law which regulates formal cyber crimes.
DIMENSI HUKUM PEMBEBASAN LAHAN: HAK, PERATURAN, DAN REFORMASI Noor, Aslan; Hermindo, Hermindo; Setiawati, Yeti; Wijaya, Melliana; Rohmani, Rodiah
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8580

Abstract

Policies and legal norms regarding land acquisition in Indonesia are generally regulated in Law (UU) no. 2 of 2012 concerning Land Acquisition for Development in the Public Interest. Development policies and projects, such as infrastructure, industrial zones, or public facilities, often require significant space that can only be obtained through land acquisition. This research aims to comprehensively review the legal dimensions related to land acquisition, focusing on the rights concerned, applicable regulations, and the need for reform to ensure a fair and sustainable process. This research uses normative juridical research methods, with comparative, conceptual and statutory approaches. These data were analyzed descriptively and qualitatively. The results of this research show that land acquisition in Indonesia is regulated by various laws, including the Job Creation Omnibus Law and Government Regulation no. 19/2021. The land acquisition process involves stages of planning, preparation, implementation and delivery of results, involving many government agencies. Policy and regulatory reform in land acquisition is essential to address gaps and deficiencies in the existing system, with particular emphasis on protecting community rights, promoting transparency, and ensuring accountability. Increasing equity in land acquisition involves strategies to ensure impartiality, transparency and protection of the interests of all stakeholders.
PERLINDUNGAN HUKUM TERHADAP KORBAN VICTIM BLAMING DALAM ALIRAN REALISME HUKUM PADA KASUS KEKERASAN SEKSUAL Putri, Angely Lina; Kusnadi, Sekaring Ayumeida
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8709

Abstract

Victims of sexual violence do not receive justice and legal protection, but instead receive victim blaming behavior from society. Legal protection for victims and finding the role of legal realism in overcoming victim blaming behavior is very necessary. Therefore, this research aims to understand legal protection for victims of sexual violence by victim blaming based on realism. This research uses a normative juridical method. By using a statutory approach and a conceptual approach. Violence against women is a violation of human rights that must be condemned and acted upon. The Indonesian government has issued various laws and regulations to protect women from violence, discrimination and intimidation. The role of legal realism is to control social perceptions so as not to blame victims for the crimes they experience. This research provides an understanding of sexual violence which causes victim blaming, actions and explains legal protection rules and legal realism to provide direction to the public so that they no longer blame the victim for the crimes that happened to him.
TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENIPUAN DALAM TRAKSAKSI ELEKTRONIK Indiantoro, Alfalachu; Firdausi, Ulya Shafa; Febriansyah, Ferry Irawan; Qurata, Azhar; Isnandar, Aries
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8784

Abstract

One of the major developments in legal technology is the use of computerized information and case management systems. Fraud in electronic/online transactions is basically the same as fraud in general. Electronic transactions refer to the process of buying and selling, services, goods or information through the internet network media. Here are a few; Inappropriate products, price discounts, free shipping services, special events, fake accounts / fake accounts / falsified identities. Normative Legal Research is a legal research method used to collect data and analyze literature. Normative legal research focuses on positive legal principles with the discipline of studying legal doctrine and analyzing certain legal cases. Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE) and Law Number 19 of 2016 concerning Amendments to the ITE Law are relatively new legal regulations. In the context of using the internet, information networks and electronic transactions, it is mandatory to comply with the provisions in the ITE Law Article 3. Fraud in electronic transactions can result in civil and criminal law consequences. In civil law, perpetrators of fraud can be forced to compensate victims. On the other hand, in criminal law, perpetrators of fraud can face criminal penalties in accordance with applicable regulations. It is very important to adhere to principles such as good faith, fairness, etc. when engaging in an electronic transaction. In addition, maintaining the principle of vigilance is very important for sellers when shipping goods and for buyers when sending payments to minimize the risk of fraud.
PROBLEMATIKA PENGHAPUSAN GOLONGAN PENDUDUK TERHADAP PERALIHAN HAK ATAS TANAH DI INDONESIA Permadi, Iwan; Yahya, Muhamad; Muttaqin, Irsyadul
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i2.8798

Abstract

This research explores the challenges in eliminating population categorization in the transfer of land rights. This change is highlighted due to protests and evaluations of the perceived discriminatory articles that identify race, groups, and ethnicity. The grouping in the creation of inheritance certificates is considered to create legal politics contrary to the spirit of independence, preserving differences seen as a legacy of Dutch colonialism. This research adopts a normative juridical method. The findings indicate that the delegation of tasks and authority, as well as the classification of the population in the process of creating inheritance certificates, essentially provides legal certainty to society. Separation based on archives and historical data updates has a positive impact on the land rights transfer process. This classification strengthens the legal framework related to land registration and certification, making it more secure and efficient. Conversely, the absence of classification in the creation of inheritance certificates can create legal uncertainty in the registration of land rights transfer due to the lack of clarity in data, information, and historical developments that need to be updated and recertified.
TANGGUNG JAWAB PELAKU USAHA TERHADAP KERUSAKAN BARANG KREDIT BERGARANSI (KOMPILASI HUKUM EKONOMI SYARIAH) Tussyadiyah, Halimah; Zahara, Fatimah
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8855

Abstract

Manufacturers of electronic products often provide warranties to customers, subject to certain conditions, because of the inherent risk of future defects or loss in any transaction involving such items. However, there are times when the collateral for installments is damaged or even lost. This research aims to determine the views of the Compilation of Sharia Economic Law regarding the responsibility of business actors for damage to collateralized credit goods. In this research, the method used is empirical juridical. Data collection uses interviews and data analysis techniques using legal content analysis and case studies. The research results show that the Compilation of Sharia Economic Law states that business actors must provide compensation to customers for damaged goods, and the furniture shop's policy in paying to repair or replace damaged goods is in accordance with this obligation, because it is in line with Islamic principles.
TINJAUAN HUKUM PIDANA ISLAM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENGEROYOKAN Adriani, Erin Novi; Azizah, Noor
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8865

Abstract

This research delves into the role of children in the continuity of the nation and state, particularly in the context of criminal acts of child assault. The research focuses on understanding the considerations of judges in imposing sanctions and the application of these sanctions from the perspective of Islamic criminal law. Utilizing a qualitative approach and referring to the normative framework, data were collected through literature research, analysis of legal publications, and examination of relevant court decisions. Comprehensive analysis was conducted by evaluating judges and the imposition of sentences in the context of positive Indonesian criminal law. This study seeks to make a significant contribution to deepening the understanding of child protection in the legal realm, considering both positive legal aspects and the values of Islamic criminal law. The findings of this research are expected to provide deeper insights into the challenges and solutions that can be applied to protect children from acts of assault. The implications of these research findings can serve as a basis for formulating policy recommendations aimed at enhancing child protection from assault crimes. These recommendations may include concrete steps that can be taken by the government, legal institutions, and the community to create a safer and more supportive environment for children. As part of the effort to build a fair and just legal system, this research is expected to offer a holistic perspective on this issue, considering both the positive legal perspective and the values of Islamic law.
PERTANGGUNGJAWABAN BANK SYARI’AH ATAS KEHILANGAN DANA NASABAH PERSPEKTIF PERATURAN OTORITAS JASA KEUANGAN Nasution, Nisrina Thufailah; Zulham, Zulham
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i1.8866

Abstract

Islamic banks play a vital role in Indonesia's financial system, especially among Muslims seeking to avoid interest. Loss of customer funds poses a serious issue requiring attention. OJK regulations play a key role in guiding Islamic banks to control the risk of customer fund loss. This research aims to provide an understanding of the roles of banks, OJK, and regulatory implications on the sustainability of Indonesia's Islamic banking sector. This normative study examines the regulatory framework of Islamic banks regarding customer fund loss. The approach includes analysis of legal literature, laws, and OJK case studies. Data collection methods involve literature review and document analysis. The results offer insights into the responsibility of Islamic banks in addressing customer fund loss issues, considering OJK regulations. Islamic banks are accountable for customer fund loss under Financial Services Authority Regulation No. 24/POJK.03/2015. This regulation requires OJK approval to ensure customer fund protection, emphasizing the need for careful supervision to ensure Islamic banks' compliance with established procedures and standards. As the regulator of the financial sector, OJK plays a crucial role in overseeing Islamic banks, ensuring their health and stability, and protecting customers by regulating licensing, overseeing operations, and imposing sanctions when necessary. In addressing customer fund loss in Islamic banks, the Financial Services Authority (OJK) plays a crucial role. OJK regulates, supervises, and enforces Sharia principles while providing protection to customers. Routine inspections by OJK prevent risks and ensure the stability of the Islamic banking sector. OJK can enhance regulations and educate the public to protect customers, reduce the risk of fund loss, and support the growth of Islamic banking.

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