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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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PLEA BARGAINING DALAM RANCANGAN KITAB UNDANG-UNDANG HUKUM ACARA PIDANA NEGARA INDONESIA Alimuddin, Alimuddin; Zahir, Muh Zuhud Al-Khaer; Rasyid, Muh Firdaus; Hastira, Muh Fichriyadi
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.v8i2.9213

Abstract

The purpose of this study is to evaluate the legal political structure and the level of urgency of the Plea Bargaining System in the Draft Criminal Procedure Code. Normative legal research is the type of research used. The study of legal issues relating to norms is emphasized in legal research techniques. This method will concentrate on looking at legal reality from the point of view of the legal substance that regulates and is still developing. The findings of this study indicate that the Plea Bargaining system in the Draft Criminal Procedure Code is needed. This is indicated by the fact that several countries, such as Germany and France, have successfully implemented similar systems with various models and techniques. However, the Plea Bargaining system in the Draft Criminal Procedure Code does not use these strategies, but rather emphasizes that Plea Bargaining is only to alleviate the charges and accelerate the trial process. Plea Bargaining is expected to accelerate the legal process by reducing the volume of cases brought to court, saving time and money, compensating defendants who admit their guilt, and meeting the needs of the public prosecutor and defendants. With the establishment of the Special Track, Article 199 of the Draft Criminal Procedure Code describes the form of the Plea Bargaining system in its application and offers the idea of a Plea Bargaining system with a maximum penalty of 7 years as one of the options in accelerating case settlement. The use of Plea Bargaining has several advantages as follows: one, it reduces the accumulation of cases in court; two, it provides relief for defendants who admit their guilt; and the third simplifies the process for public prosecutors.
ANALISIS KRIMINALISASI PENGGUNA JASA PROSTITUSI DALAM MEMINIMALISIR PRAKTEK PROSTITUSI Mariyam, Siti; Satria, Adhi Putra
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.v8i2.9219

Abstract

This article aims to examine and analyze the phenomenon of prostitution services and evaluate the effectiveness of criminalizing users of prostitution services in reducing current prostitution practices. The article is written using a legal, empirical, and comparative approach, with data based on secondary sources. The analysis results indicate that prostitution can be fundamentally interpreted as the commercialization of sexual relationships, where an individual provides sexual services to another in exchange for money. In the present era, many studies emphasize the significant meaning of criminalizing users of prostitution services, as exemplified by the measures taken in Sweden. However, despite Sweden's attempt to criminalize by imposing fines on users of prostitution services, the practice of prostitution persists. Criminalization can lead to new issues, such as the emergence of human trafficking practices and an increase in the spread of HIV due to inadequate supervision of covert prostitution practices.
PENERAPAN ANJURAN MEDIATOR DALAM MENYELESAIKAN PERSELISIHAN HUBUNGAN INDUSTRIAL Atmanegara, Fadhoil Rafsanjani; Wahyudi, Eko
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.v8i2.9291

Abstract

This research is based on the author's awareness of the vital role of industrial relations in the development of legal science, which is marked by every business step, government policy, ratification of laws and regulations related to industrial relations, which has a direct impact on the wider community and influences the micro economy as well as the macro economy. Therefore, this research aims to provide the latest exact material within the scope of law based on empirical matters. Considering the purpose of the existence of industrial relations, which is one of the constitutional mandates and the guaranteed rights of citizens, especially in the economic sector, both from the entrepreneur's side and from the workforce side, it is necessary to have definite legal instruments and the best policies are those that feel they are just or at least have certainty. law. Legal certainty will be achieved if the mediator can decide the case or present a solution to make peace in order to avoid the litigation process as conceptualized in the legal instrument for industrial relations disputes. The research was carried out using empirical juridical methods with a combination of data through the process of collecting data from sources and legal sources such as previous research, teaching materials and others. The existence of written recommendations is often seen as lacking compelling legal force due to the nature of law which is a tool of sosial control or as a medium that can be used by those in power to be enforced politically. This research will cover the fact that the mediator's written recommendations still do not contain legal certainty for the parties after carrying out tripartite mediation negotiations even though the aim of holding tripartite negotiations is so that the case does not reach the litigation stage.
PENEGAKAN HUKUM TERHADAP PELAKU EKSPLOITASI ANAK MELALUI MEDIA SOSIAL Harahap, Siti Hajar
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.v8i2.9294

Abstract

Today's advances can be gained very easily, namely through social media. Many people abuse technology to gain profit, one of which is exploiting children through social media. The criminal act of child exploitation is control, extortion, exploitation, use (of a person's energy or physical body) of oneself or another person for personal gain and is a disgraceful act. The problem and aim of this research is to find out the form of criminal acts of child exploitation based on the law; know about legal protection for children as victims of criminal acts of child exploitation through social media at the Medan Police PPA Unit, and know about law enforcement against perpetrators of child exploitation through social media at the Medan Police PPA Unit. The research method carried out is an empirical juridical research method (field research) supported by library research. This research resulted in the conclusion that criminal acts of exploitation according to law are divided into three, namely economic exploitation, sexual exploitation and social exploitation. Victims of child exploitation have the right to reparations, protection from further violence, and access to legal representation. Law enforcement officers not only have the responsibility to protect children from exploitation, but also those closest to the victims.
MEASURING JUSTICE IN THE SETTLEMENT OF KALURAHAN LAND DISPUTES: AN AGRARIAN LAW PERSPECTIVE Srikusuma, M Rohmidhi; Harve, Renhard
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.v8i2.9431

Abstract

The Special Region of Yogyakarta (DIY) has a special status in land management based on Law No. 13/2012, giving it greater authority in land utilization. Kasultanan and Kadipaten lands are recognized as property rights for the welfare of the community. However, misuse of land licenses has become a serious problem, triggering land conflicts and threatening the environment and the rights of local communities. The research method includes legal (regulatory analysis) and sociological (empirical data) approaches. Primary data was obtained from the community, while secondary data came from legal materials. Case studies were conducted in 4 districts and 1 city in Yogyakarta, focusing on land use permits. Data were collected through document studies, interviews, and observations, then analyzed qualitatively. The research lasted for three months. The origin of land tenure in Yogyakarta dates back to the 1755 Treaty of Gianti, with different histories for Sultanate, Duchy and Kalurahan lands. After independence, Yogyakarta was given agrarian autonomy. Dualism in agrarian law led to uncertainty, triggering corruption and conflict. Regulatory reform, transparency and community participation are needed to address land permit abuse and realize equitable management. The main challenge is the misuse of land licenses, which often involves corruption. Regulatory reform, legal harmonization, institutional strengthening, law enforcement, technology utilization, and strengthening legal culture are needed to address this issue. These efforts aim to realize a fair, transparent and sustainable land management system, involving all relevant parties.
POLA BANTUAN HUKUM DALAM MENCEGAH TERJADINYA TINDAK PIDANA KEKERASAN SEKSUAL Nasution, Rasina Padeni
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9487

Abstract

The legal aid model is an effort to ensure that every citizen, especially those who are less fortunate, has access to justice. This study aims to describe the implementation of the legal aid models employed by legal aid institutions to prevent sexual violence crimes in the city of Medan. The research method used is empirical juridical research, which examines the law based on facts in society and considers the function of the law. The analysis technique employed is descriptive analysis. The results of the study show that the implementation of the structural legal aid model (BHS) by LBH Medan and the structural gender legal aid model (BHGS) by LBH APIK are effective models in providing legal protection by expanding access to justice for victims. These models focus on recovery and the enhancement of premium services based on an approach to justice that not only aims to resolve cases through legal channels but also strives to change unjust social structures due to power relations, aiming towards more equal social relations and a gender perspective. The conclusion of this study indicates that the implementation of BHS by LBH Medan and BHGS by LBH APIK plays a significant role in both preventive and repressive efforts to prevent and address sexual violence in the city of Medan. These models also serve as solutions in synergizing stakeholders in advocating for sexual violence cases in the city of Medan.
UNESCO'S ROLE REGARDING THE PROTECTION OF CULTURAL OBJECTS RECEIVING SPECIAL PROTECTION Harahap, Muhammad Anwar Natama; Harisman, Harisman
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.v8i2.9490

Abstract

The purpose of this writing is to determine UNESCO's role in protecting cultural objects that receive special protection by formulating a problem, namely: what is UNESCO's role in protecting cultural objects that receive special protection? The type of research used in this research is normative juridical. The data source used in this research uses secondary data. Qualitative analysis was carried out with an empirical starting point. The results of this research show that there are still limitations in safeguarding and regulating cultural heritage. Cultural heritage preservation is very important. This is intended to protect the historical, cultural and knowledge values contained therein. Illegal acts cannot actually be tolerated, because they can threaten the existence of cultural heritage. Therefore, the author believes that currently the world really needs security assistance and clear regulations to maintain the existence of cultural heritage. Of course, this can be realized if the 2003 UNESCO Convention is ratified.
KONTROVERSI PERPANJANGAN MASA JABATAN KEPALA DESA 8 TAHUN 2 PERIODE PERSPEKTIF SOSIOLOGI HUKUM Ardiyansyah, Rizky Ahadyan; Navis, Aulia Akbar; Rizal, Saiful
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3 (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3.9528

Abstract

The term of office of the village head has been extended to 8 years (2 terms), with this provision it will trigger abuse of authority, considering that one of the aims of constitutional reform is to introduce limitations on executive power in order to create a balanced democracy in Indonesia. In this scientific study the author will analyze the impact of extending the term of office of the village head using a legal sociology approach. This research is packaged using normative research methods, the source of this research comes from primary materials in the form of relevant laws and regulations and books, while the sources of secondary material in this research are scientific papers in journals and other scientific articles and then correlating these problems with theory. sociology of law and statutory regulations. The results of the research show that the government policy regarding extending the term of office of village heads to 8 years and being able to be elected for 2 consecutive terms is a policy that is contrary to the concept of the rule of law, this is because the process taken by the government in forming this policy is considered to have political nuances. related to the situation of the 2024 presidential election, apart from that, the most fearful thing behind this policy is when this policy is used as a stepping stone by the government to extend the terms of office of other executives so that it is certain that the rule of law will be tainted by the government regime of this era. The conclusion is that the decision to extend the term of office of the village head is contrary to the aim of constitutional reform which seeks to limit executive power. What is most feared behind this decision is abuse of power by individual village heads due to holding power for too long accompanied by the absence of greater supervision intense.
KEBIJAKAN PAJAK DAN RETRIBUSI DAERAH TERHADAP PERANAN UMKM DALAM PEMBANGUNAN PEREKONOMIAN DAERAH Nasution, M.Y.F. Hafidz; Rasjidi, Ira Thania; Paramyta, Dwi Sartika
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.v8i2.9560

Abstract

Regional economic development must be treated as a collaborative process between the government and the people in creating stability and fairness on economic activities. MSMEs as a form of social economic entity holds a vital role both in economic development and regional development. Pursuant to Law No. 20/2008, MSMEs are granted by law various facilities to grow its businesses. On the other hand, Law No. 1/2022 that governs regional taxes and retributions is directly related with MSMEs’ position as the potential source of regional taxes and retributions needed for regional economic development. To date, the implementation of Law No. 1/2022 has not been optimal in supporting MSMEs’ growth as well as increasing MSMEs’ contribution on regional taxes and retributions. This is due to various of social factors which affects the implementation of Law No. 1/2022. Therefore, this research is aimed to analyzed from a socio legal perspective on the current regional taxes and retributions policy against MSMEs’ role in regional economic development. This research is made by using socio legal methodology and qualitatively analyzed. The research results indicates that despite the existence of Law No. 20/2008 and Law No. 1/2022 in providing a firm legal basis, the policy making in regional taxes and retributions budgeting capable of supporting MSMEs’ growth on one hand and increasing MSMEs’ contribution in regional taxes and retributions has yet to be met. Further, limited financial knowledge and awareness of MSMEs’ also caused minimum contribution in the regional economic development via regional taxes and retributions payment.
PENANGGULANGAN KEKERASAN DALAM RUMAH TANGGA DI KOTA MEDAN DITINJAU DALAM HUKUM PIDANA ISLAM Hazar, Siti; Ramadani, Ramadani
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.v8i2.9587

Abstract

The review of Islamic criminal law and the prevention of domestic violence in Medan City are the two topics examined in this research and study. Although this research strategy is a case approach, the author uses empirical juridical research in this study. In addition, this research is studied descriptively qualitatively to find out the enforcement of Islamic criminal law against cases of domestic violence (KDRT). However, this research approach is a case approach. This research uses primary data, namely information obtained directly from the person concerned, by conducting interviews and field research at the PPA Unit of the Medan Police Criminal Investigation Unit. Literature from books, journals relevant to the research topic, and fiqh texts were used as secondary sources of information for this research. According to the findings of this research, the lack of a formal legal umbrella in Medan City makes it impossible to conduct criminal mediation in cases of domestic violence. As part of their responsibilities, local governments and social organizations are charged with the responsibility to provide victim recovery facilities. To provide assistance to victims of domestic violence, the recovery providers work together. During an interview with the PPA Unit of Medan Police Station, the author found that the police will cooperate with the office to assist victims in evaluating the mental health of victims of domestic violence in Medan City.

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