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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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MAHKAMAH KONSTITUSI DALAM MENEGAKKAN KEADILAN KONSTITUSIONAL DI ERA MODERN Ilham, Muhammad
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.v8i2.9643

Abstract

This research aims to examine the role of the Constitutional Court (MK) in upholding constitutional justice in Indonesia in the modern era using a substantive justice approach. The research method used is normative juridical. The data used is secondary data, obtained from library materials through literature and documentation studies, then analyzed qualitatively. Descriptive data analysis techniques. The results showed that in the concept of "upholding justice" as an effort to achieve substantive justice, the Constitutional Court not only considers evidence and judges' beliefs, but also ensures that the decisions it makes have a positive impact on society. In practice, the Constitutional Court often makes ultra petita decisions, i.e. decisions that go beyond the demands of the disputing parties, to ensure optimal protection of every constitutional and human rights. This gives rise to the idea that the Constitutional Court plays a tactical role in making sure that laws and court rulings uphold procedural and constitutional rights while also promoting the growth of a just and democratic society. The study's key finding is that the Constitutional Court plays a crucial role in upholding social justice and the coherence of Indonesia's constitution in light of the changing needs and dynamics of modern society.
INTERSECTION OF 3-D MARKS WITH INDUSTRIAL DESIGNS: THE CONTEXT OF 3-D SHAPE PROTECTION Siswoyo, Amelia Anggriany
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.v8i3.9657

Abstract

3-D (three-dimensional) shapes are objects that fall within the scope of regulation of two Intellectual Property Laws, namely the Trademark Law and the Industrial Design Law. There is a regulatory conflict between the Trademark Law and the Industrial Design Law in terms of protecting 3-D (three-dimensional) shapes. This research is normative juridical legal research. This research will use a legal approach and a conceptual approach, as well as data analysis using qualitative descriptive methods. The results of this research conclude that there is a need for determining indicators as a differentiator or boundary line for 3-D (three-dimensional) shapes in terms of protecting Intellectual Property Brands or Industrial Designs. The determining indicators are 'as an identification mark of a trading product', good faith, distinctiveness and The Functionality Doctrine or functionality doctrine.
JUAL BELI FOLLOWERS DALAM PRESPEKTIF HUKUM PERDATA DAN HUKUM ISLAM Nasution, Mas Gabena; Pulungan, Sahmiar
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.v8i2.9678

Abstract

Sales and purchases of followers are increasing in the general public. In these transactions, the seller offers a service to add followers online by receiving payment from the buyer. The seller then adds followers to the buyer's Instagram account according to the agreed amount and price. However, the followers sold were not only active accounts, but also passive accounts and fake bot accounts. The aim of this research is to explain how followers are added and distributed on Instagram, as well as whether these activities are regulated and benefited by civil and law in Indonesia, especially among Muslims. This research uses normative methods. The author argues that, depending on the approach used from the perspective of civil law and Islamic law, transactions of sale of followers can be detrimental to consumers, prevent debtors from fulfilling their obligations, and lead to non-performance. As one of the parties fails to fulfil its obligations, it constitutes a breach of contract and is automatically a violation of the law. In Islamic law, the goods traded must exist, be usable, and be useful to mankind. It is not lawful to sell something that is not his, because it is illegal to sell it according to Islamic law. Followers can disappear in an instant, because Instagram doesn't want that.
SISTEM PEMBINAAN NARAPIDANA LEMBAGA PEMASYARAKATAN DALAM KAJIAN HUKUM PIDANA ISLAM Soliha, Ulfa Safira; A., Zulkarnain M.
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.v8i3.9803

Abstract

Nowadays, the number of crimes or criminality is increasing. This is due to economic factors, low education, and the lack of understanding of the Indonesian people about the laws in their own country. Criminal offenders or prisoners must take responsibility for the actions they have committed, by serving a prison sentence based on a court verdict. This research aims to find out how the prisoner coaching system provided by the Medan Class 1 Correctional Institution is then associated with the prisoner coaching system in the study of Islamic Criminal Law, and the obstacles faced by the Correctional Institution in fostering prisoners. This research method is field research with qualitative research type and empirical juridical or socio legal approach. The results showed that the inmate coaching system at Class 1 Medan Correctional Institution has 2 types of coaching, namely personality coaching and independence coaching, as for the coaching of prisoners in Islamic criminal law, namely: fostering faith values and coaching by means of repentance. Then the obstacles faced by the Correctional Institution are in the coaching activities not a few of the inmates who are lazy to follow the coaching, overcapacity and lack of correctional officers to supervise and control and foster inmates in the Correctional Institution.
PELINDUNGAN HUKUM KREDITUR ATAS PERLAWANAN EKSEKUSI HAK TANGGUNGAN OLEH PIHAK KETIGA Jannah, Rizki Nurul; Siregar, Mahmul; Sukarja, Detania
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.v8i3.9811

Abstract

The existence of a counterclaim from a third party claiming ownership of the collateral is one of several challenges that are sometimes faced in implementing mortgage rights. The following analysis uses the case between PT. Bank Danamon Indonesia, Tbk with a third party (Henny Susanti, et al.) as the main discussion to examine the bank's rejection of the implementation of mortgage rights obtained by the third party. With this case analysis, it is hoped that the decision ratio used by the panel of judges can be studied in depth. This research uses legislative and case methods to provide normative and prescriptive legal research. The results of this research result in the conclusion that the regulation of the burden of third party land rights used as collateral for the bank's mortgage rights is equivalent to the burden of the collateral provided by the debtor. The bank can file a police report against the party who misuses the credit application process, and the bank can also file a civil lawsuit as a creditor with mortgage rights who has been harmed by the bank's negligence in determining the mortgage rights of a third party. In its legal analysis, the Panel of Judges at the Tangerang District Court prioritized formal elements. This does not apply to the Panel of Judges who have applied positive law correctly at the appeal, cassation and PK levels.
PENYALAHGUNAAN SURAT PERNYATAAN PENGUASAAN FISIK DALAM PELAKSANAAN PROGRAM PENDAFTARAN TANAH SISTEMATIS LENGKAP Muhammad, Yazied Fahma Wijaya; Amiludin, Amiludin
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.v8i3.9822

Abstract

The problem of misuse of the Physical Control Statement Letter (SPPF) in the Complete Systematic Land Registration (PTSL) Program promoted by the government has caused many losses to land rights owners. The writing of this journal is intended to provide education for the public so that they can find out the causes and impacts of misuse of physical possession statement letters (SPPF) in the Complete Systematic Land Registration (PTSL) program, as well as the legal impacts that occur due to misuse of these letters. This journal adopts the Normative Juridical method with an Explorative approach and uses a qualitative analysis technique using primary legal materials, secondary legal materials and tertiary legal materials and the collection technique uses data from literature review. The findings obtained from the results of this study indicate that the misuse of the physical possession letter (SPPF) is due to the vulnerability in the PTSL Law which in this case provides relief for applicants in the Complete Systematic Land Registration (PTSL) program who do not have or do not complete their files as the basis for the right to register the land they own or control can still register their land by using a physical possession statement letter (SPPF). This can have an impact on uncertainty and legal guarantees and can create conflicts over land ownership in the future. In addition, the perpetrators of the misuse of the letter can also face penalties in terms of civil, criminal and administrative matters.
PENERAPAN SANKSI PIDANA TERHADAP PELAKU PERDAGANGAN MANUSIA DALAM PUTUSAN NOMOR 1498/Pid.Sus/2015/PN.Mks Sampurna, Jafrhan Dharma; Koswara, Indra Yudha
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.v8i3.9823

Abstract

Indonesian people are often involved in human trafficking, which endangers social security and endangers the country. This article discusses the regulation of human trafficking in Indonesia, specifically the Human Trafficking Law. The aim of this research is to determine the causes of human trafficking in accordance with applicable regulations and the application of sanctions in the legal system. This research method uses a normative juridical approach which looks at problems from the study of legal materials such as books or articles that discuss human trafficking as a reference for basic materials and secondary legal materials. The results of this research are that human trafficking is rampant in various countries, including Indonesia and developing countries, where this has become a concern of the world, especially the UN. Human trafficking is a criminal offense, especially as regulated in the Criminal Code. In Indonesian criminal law, it is regulated by Law Number 21 of 2007, the application of sanctions is punishable by imprisonment and fines. Human trafficking is an organized and systematic crime, where the people involved have personal or group interests in making a profit.
JAMINAN KONSTITUSIONALITAS ATAS KEBEBASAN BERAGAMA DAN BERKEYAKINAN Prabowo, Hendro
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.v8i3.9830

Abstract

This paper aims to provide an analytical comparison of the constitutions of Malaysia, the United States, Germany, and Indonesia, with a particular emphasis on the relationship between religion and belief as stated in their respective constitutional texts. The determination of the four countries above depends on a number of factors, including their legal systems, their level of development, the actors of a nation's attachment, and the state's secularism towards religion and belief. This writing uses a normative legal research method with a comparative approach and a legislative approach. Literature studies are used to collect legal materials and are carried out through searches in libraries and through the Internet. The interpretation method is used to analyze legal materials to understand the meaning of a statutory text. The findings of this study indicate that by establishing general and comprehensive guidelines regarding religion and belief in the Constitution of the Republic of Indonesia and maintaining impartiality towards all religions, Indonesia is sufficient to regulate religious and belief affairs within the framework of its constitution. Therefore, it is very important to implement legislative steps to foster a harmonious and peaceful religious life while eradicating the fundamental causes of blasphemy, as well as intolerance and discrimination in the context of religious beliefs and practices.
TINDAK PIDANA KEKERASAN FISIK DALAM KEKERASAN RUMAH TANGGA Siregar, Putri Dharmayanti; Harisman, Harisman
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.v8i3.9842

Abstract

The majority of victims of domestic violence are adolescent girls and women. The objectives of this study were to: 1) characterize various forms of physical violence included in domestic violence crimes and the legal protection provided to victims; 2) characterize the legal provisions for those who commit acts of physical violence; and 3) ensure appropriate action to impose penalties for those who commit acts of physical violence in domestic violence. The Medan District Attorney's Office has been consulted and to obtain information on books, journals, official newspapers, and other sources related to the law and the subject of this study, interviews were conducted to obtain data and legal documents. legal sanctions that will be applied by the Medan District Attorney's Office against various types of domestic violence in 2023, as well as legal protection that will be received by victims of domestic violence. This study can be categorized as field research because it examines relevant legal provisions and social realities using an empirical framework. Perpetrators of domestic violence are subject to several laws and regulations, such as Article 44 paragraph 23 of 2004, the Criminal Code, and the Child Protection Law. The heaviest punishment should be imposed on those who commit acts of physical violence in the household to deter such behavior and make others aware of the consequences that will occur. In order for the state and society to meet the needs of victims for a sense of security and kindness, victims of domestic violence must receive legal protection.
PUTUSAN PENGADILAN NOMOR 37/PDT.G/2021/PN PTK TERKAIT WANPRESTASI KREDIT TERHADAP HAK TANGGUNGAN Nurhandayani, Nyemas Tania Kintan; Tiara, Niski
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.v8i3.9848

Abstract

The study was conducted with the aim of analyzing the application of mortgage rights in the context of credit default, as reflected in Court Decision Number 37/PDT.G/2021/PN Ptk. This study uses two approaches to analyze Supreme Court Decision Number 37/Pdt.G/2021/PN Ptk, namely document study and normative approach. Document study focuses on the analysis of copies of court decisions and related legal documents to understand the elements of the case and the applicable legal context. The normative approach is used to evaluate the application of appropriate legal principles and norms, as well as to assess the fairness and effectiveness of court decisions. The results of the analysis found that Court Decision Number 37/PDT.G/2021/PN Ptk provides comprehensive handling of credit default cases by prioritizing the evaluation of evidence and the careful application of legal principles. The judge carefully assesses the violation of the agreement by the debtor, including late payments and inadequate reasons, and considers the arguments of the creditor regarding claims for compensation and mortgage rights. The court also uses mortgage rights as an instrument of protection for creditors to ensure compensation for unpaid debts. Even if the debtor submits reasons such as financial inability as a defense, the judge may reject the argument because it is not sufficiently supportive to release the debtor from liability. By referring to the applicable legal provisions, including the Banking Law and mortgage rights, the judge's decision ensures fairness and legal compliance in enforcing collateral obligations.

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