cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rochmat Aldy Purnomo
Contact Email
purnomo@umpo.ac.id
Phone
-
Journal Mail Official
legalstanding@umpo.ac.id
Editorial Address
-
Location
Kab. ponorogo,
Jawa timur
INDONESIA
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
 43   44   45   46   47 
Perwujudan Sila ke-5 Pancasila bagi Penyandang Disabilitas dalam Mendapatkan Hak-Hak Fundamental berdasarkan Undang-Undang Nomor 8 Tahun 2016 Riskanita, Dinda; Sulistyowati, Andita; Nugroho, Dendy Prasetyo
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.10386

Abstract

The 5th principle of Pancasila contains the principle of justice in various aspects of life without discrimination against anyone, including people with disabilities. This principle emphasizes that every citizen, including people with disabilities, has the right to receive equal treatment, access to basic rights, and equal opportunities in community, national and state life. Through Law Number 8 of 2016 concerning Penyandang Disabilitas, as a form of government responsibility in creating policies that favor people with disabilities and eliminate discrimination. This study aims to analyze and examine the manifestation of the principle of social justice in Pancasila, especially regarding the fulfillment of basic rights for people with disabilities. The main focus of this study is to explore the extent to which the application of the principle of social justice in Pancasila contributes to equality, protection, and fulfillment of the basic rights of people with disabilities in various aspects of life. This research is a normative legal research with a statue approach, by examining secondary legal materials using the library research method, where the research will answer the problem by using supporting legal theories through literature studies. The results of this study explain that the 5th principle of Pancasila demands social justice in fulfilling basic rights for people with disabilities, namely in the fields of education, employment, health, accessibility, socio-political participation, legal protection and social security. This study emphasizes the importance of ensuring that people with disabilities are not only respected, but also given equal opportunities to enjoy their basic rights in all aspects of life. Pancasila, as the basis of the state, emphasizes that social justice for people with disabilities is the state's obligation to realize it through policies and real actions. Law Number 8 of 2016 is a concrete form of government commitment in ensuring the fulfillment of the basic rights of people with disabilities.
PERLINDUNGAN HUKUM TERHADAP ORANG DENGAN PENANGKAPAN KEKERASAN BERDASARKAN SISTEM HUKUM ACARA PIDANA Sofianti, Adela Iragil; Zulkarnain, Zulkarnain
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10405

Abstract

This study is a type of normative legal research that aims to determine how the legal protection against the violent arrest of Saipul Jamil by the police is based on the criminal procedure law system and how the police are legally responsible for the violent arrest carried out on Saiful Jamil. The results of this study indicate that the arrest process carried out by the Tambora police against Saipul Jamil is an action that violates the provisions and procedures for arrest and detention at the stage of criminal investigation as regulated in Perkap No. 12 of 2009 concerning supervision and control of the handling of criminal cases within the Indonesian National Police, one of which is that the arrest process does not include the type of arrest resulting from a sting or arrest for suspect status as regulated in article 77. In addition, the arrest process was not based on sufficient evidence, the identity of a clear task order letter and the use of violence in the arrest, thus clarifying that the arrest process carried out violated the provisions of the law and resulted in moral losses for Saipul Jamil. Therefore, due to the loss and the arrest process that did not comply with the procedures set out by law, Saipul Jamil has the right to claim compensation for the arrest process against him, as regulated in Article 23 of the Criminal Procedure Code which states that compensation can be implemented if a person's right to obtain restoration of his rights in his ability, position and dignity is granted at the level of investigation, prosecution or trial because he was arrested, detained, charged or tried without a reason based on law.
PROSES PENUNTUTAN TERHADAP PEMENUHAN RESTITUSI BAGI KORBAN ANAK PELECEHAN SEKSUAL Kholim, Fellicia Angelica; Firmansyah, Hery
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.v8i3.10436

Abstract

The existence of the Republic of Indonesia Attorney General's Law to oversee the role of public prosecutors in overseeing the fulfillment of restitution for children as victims. Also, the existence of Government Regulation of the Republic of Indonesia Number 43 of 2017 concerning the Implementation of Restitution for Children Who Are Victims of Criminal Acts in ensuring the overall implementation of restitution. This is important to conduct a study because there are problems in its implementation, such as the lack of knowledge of victims regarding their rights to obtain restitution as a form of recovery for the suffering they have experienced. This study uses a normative research method with the approach used being the statute approach with the data sources used being secondary data in the form of primary legal materials, secondary legal materials, and non-legal legal materials. The results of the study show the manifestation of restitution for child victims, there is an institution called the Witness and Victim Protection Agency (LPSK) which explains that there are 3 (three) types of compensation obtained for victims, namely Article 7A of Law Number 31 of 2014 concerning Witness and Victim Protection contains compensation for loss of wealth, compensation for suffering as a result of criminal acts, and/or reimbursement of medical and/or psychological care costs. The role of the public prosecutor in overseeing the prosecution process for the fulfillment of restitution in cases of child sexual abuse is very important to achieve comprehensive justice for the victim. The public prosecutor has an important role in handling cases of child sexual abuse by ensuring that the perpetrator receives an appropriate punishment in order to provide a deterrent effect.
JAMINAN PERLINDUNGAN HUKUM TERHADAP PEREMPUAN KORBAN TINDAK PIDANA KEKERASAN SEKSUAL Ismail, Mahsun; Purwandi, Agustri; Subroto, Gatot; Pakendek, Adriana; Wulandari, Safitri; R., Mohammad Ilham A.
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10437

Abstract

Sexual violence is currently increasing in terms of number or modus operandi committed by the perpetrator, based on the National Commission on Violence Against Women (Komnas Perempuan) in 2023 the crime of sexual violence reached 7,858 cases. The increase in sexual violence is triggered by various factors, both from family factors, the environment, and social media which are increasingly massive cornering the position of women as vulnerable to sexual violence. The method used in empirical research using a victimology approach. The results of this study show that the legal protection mechanism carried out by investigators of the PPA unit of Pamekasan Police against victims of sexual violence continues to prioritize and accommodate the legal interests of victims by cooperating with parties concerned with the protection and recovery of victims' conditions. Second, the form of legal protection carried out by providing complete information on the rights of victims both in terms of rehabilitation and recovery services, or access to legal assistance at the examination level. As well as conducting trauma healing in cases of sexual violence with the aim of a mental, emotional, and physical recovery process that aims to help victims recover from the traumatic impact caused by the experience of sexual violence.
TANGGUNGJAWAB MUTLAK TERHADAP KORPORASI DALAM PERTAMBANGAN TIMAH SEBAGAI KEGIATAN USAHA BERDASARKAN HUKUM LINGKUNGAN Cendranita, Ivannia; Firmansyah, Hery
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10438

Abstract

Tin mining is found in many major tin-producing areas such as Bangka and Belitung Islands, where this natural resource is one of the mainstays of local economic growth. The application of absolute liability also requires strong regulatory support, especially regarding the mechanism of proof and the determination of sanctions. In the Indonesian justice system, the process of proof is often an obstacle because there is no simple and efficient mechanism in environmental cases. This study uses a normative legal method with a legal analysis approach. This study focuses on the legislative aspect, considering the conceptual dimension and applicable regulations. The results of the study show that one of the steps taken is the Regional Regulation concerning the Coastal Area and Small Island Zoning Plan (RZWP3K), which applies a three-stage approach to supervising the use of marine resources in coastal areas and small islands, namely socialization, implementation, and supervision. In addition, the government is also taking steps to regulate the mining industry and ensure compliance with the law by involving various government agencies such as the Marine and Fisheries Service. By enforcing these regulations, the main objective is to maintain environmental sustainability, protect marine ecosystems, and minimize negative impacts on communities and natural resources.
PERLINDUNGAN HUKUM SERTA BATASAN HUKUMAN OLEH GURU KEPADA MURID DALAM PELAKSANAAN PENDIDIKAN Mansur, Moch; Mangar, Irma; Kholifah, Ummu Nur
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10485

Abstract

In a review of recent empirical studies and research to assess whether punishment actually helps create a better learning environment or actually contributes to deeper behavioral problems. The impact of punishment on students psychologically and emotionally. The focus includes the short-term and long-term implications of harsh and inappropriate punishment on students' mental development and psychological well-being. This normative-empirical legal research method is basically a combination of a normative legal approach with the addition of various empirical elements. The government's efforts to protect educators in their work are referred to as legal protection for teachers. This includes protection in the fields of law, welfare, education, and society. In its implementation, punishment must be proportional to the violation or mistake made by the student. Punishment that is too severe or disproportionate to the violation can be considered unfair and can affect students' relationships with school and learning.
PEMBUKTIAN PENIPUAN INVESTASI MATA UANG KRIPTO DALAM PIG BUTCHERING SCAM Goldwen, Fishella; Hutabarat, Rugun Romaida
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10525

Abstract

Cryptocurrency investment fraud in the form of Pig Butchering Scam has emerged as a rapidly evolving type of cybercrime that is difficult to trace. This study aims to examine the scheme and the evidentiary process of Pig Butchering Scam in the context of cryptocurrency investment fraud. Utilizing a normative approach, this research analyzes legal documents and regulations related to cryptocurrency investment. Secondary data were obtained from policy analysis and academic literature. The findings of this research identify Pig Butchering fraud as a type of romance-based scam. Perpetrators deceive victims by building trust and convincing them to participate in fraudulent investments. Once the victim trusts the perpetrator and deposits personal funds, these funds are entirely siphoned off by the fraudsters, who subsequently disappear. Resolving such cases under criminal procedural law proves challenging due to the involvement of multiple complex aspects. This study recommends that the Indonesian Government urgently establish specific evidentiary regulations regarding the Pig Butchering Scam scheme in cryptocurrency investment fraud. These regulations could serve as a guideline for law enforcement in Indonesia, similar to the Anti-Telecommunications and Online Fraud Law implemented in China.
PEMBUBARAN KORPORASI: KAJIAN KOMPARATIF ANTARA SISTEM HUKUM CIVIL LAW DAN COMMON LAW Aryadi, Arsha Medina; Hutabarat, Rugun Romaida
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10530

Abstract

This research analyzes the dissolution of a company as a consequence of criminal law within the framework of civil law and common law, by comparing the practice in England and Germany. The research aims to show the different approaches to company dissolution. In the UK, compulsory liquidation proceedings and administrative flexibility are prioritized to protect the interests of creditors, whereas in Germany, dissolution requires formal shareholder approval and strict administrative oversight. In addition, this study also explores the factors that influence dissolution decisions and the dispute resolution efforts that arise. Through normative research with a statutory and comparative approach, this study analyzes legal documents and regulations related to dissolution in the two selected countries. Secondary data was collected from the analysis and review of academic literature. The results show that corporate dissolution in the UK emphasizes flexibility through the Companies Act 2006 and the Insolvency Act 1986, while Germany, under the Act on Limited Liability Companies Germany, follows a strict structural process. Both prioritize creditor protection, with the duration of liquidation being shorter in the UK than Germany, which requires a minimum of one year.
PENGAKUAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA Ariani, Kurnia Dwi; Silviana, Ana
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10531

Abstract

This study aims to determine the legal factors of judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children. The research approach used in this study is normative juridical. The data used in this study are secondary data which include primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained are then analyzed qualitatively. The results of this study indicate that the ambiguous provisions regarding the recognition of illegitimate children in Law Number 1 of 1974 concerning Marriage require the resolution of the case through the application of the Civil Code (KUHPerdata) which has not been formally abolished in the Indonesian legal framework as substantive civil law used in the District Court. The legal considerations of the judges at the Salatiga District Court in adjudicating applications for recognition of illegitimate children born before their parents were officially married indicate that the child, Farra Abigail Sherina, is the biological child of the couple Nugroho Fajar Aji and Anissa Alif Putrianti. Furthermore, the applicant's application for recognition of the illegitimate child has met the requirements set out in the Civil Code.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA DENGAN STATUS NIKAH SIRI Yuliyani, Allya Putri; Rasji, Rasji
Legal Standing : Jurnal Ilmu Hukum Vol. 8 No. 3a (2024): September-Desember
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v8i3a.10612

Abstract

Siri marriage is a marriage that is carried out under the hand or secretly, the reason someone does a siri marriage is usually because they want to avoid adultery, are pregnant outside of marriage, or the man does not want to register their marriage. As a result of this siri marriage, the marriage can be terminated easily, besides that violence against family members is also very vulnerable because the marriage does not have legal force. However, in some cases there are cases of domestic violence in siri marriages that get protection from the PKDRT Law, this makes legal uncertainty in the enforcement of domestic violence cases in siri marriage couples. Legal clarity is needed to provide protection for victims of domestic violence in a siri marriage without violating or changing the provisions of certain laws. The author's goal is for the community to know the consequences of siri marriage and provide information related to law enforcement in domestic violence cases. The method used by the author is normative legal research, whose main focus is on the study of legal norms or rules. Normative legal research aims to analyze legal rules or regulations as part of an interrelated legal system, and see how these rules relate to legal events that occur, the type of data used in this research is secondary data. Secondary data is data obtained from second sources or secondary sources of the data needed. Secondary data in this study such as decisions, books, journals. The author uses a statutory and case approach. The analytical approach to the law is to analyze the meaning contained and used in the legislation conceptually and examine all laws and regulations related to the legal issues being studied.

Page 45 of 56 | Total Record : 555

 43   44   45   46   47 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 10 No. 1 (2026): Legal Standing Vol. 9 No. 5 (2025): Legal Standing Vol 9, No 4 (2025): Legal Standing Vol. 9 No. 4 (2025): Legal Standing Vol 9, No 3 (2025): Legal Standing Vol. 9 No. 3 (2025): Legal Standing Vol 9, No 2 (2025): Mei-Agustus Vol. 9 No. 2 (2025): Mei-Agustus Vol. 9 No. 1 (2025): Januari-April Vol 9, No 1 (2025): Januari-April Vol 8, No 3a (2024): September-Desember Vol. 8 No. 3 (2024): September-Desember Vol. 8 No. 3a (2024): September-Desember Vol 8, No 3 (2024): September-Desember Vol 8, No 2 (2024): Mei-Agustus Vol. 8 No. 2 (2024): Mei-Agustus Vol. 8 No. 1 (2024): Januari-April Vol 8, No 1 (2024): Januari-April Vol. 7 No. 2 (2023): September Vol 7, No 2 (2023): September Vol 7, No 1 (2023): Maret Vol 6, No 2 (2022): September Vol 6, No 1 (2022): Maret Vol 5, No 2 (2021): September Vol 5, No 1 (2021): Maret Vol 4, No 2 (2020): September Vol 4, No 1 (2020): Maret Vol 3, No 2 (2019): September Vol 3, No 1 (2019): Maret Vol 2, No 2 (2018): September Vol 2, No 2 (2018): September Vol 2, No 1 (2018): Maret Vol 1, No 2 (2017): September Vol 1, No 2 (2017): September Vol 1, No 1 (2017): Maret Vol 1, No 1 (2017): Maret More Issue