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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
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Dampak Penggunaan Layanan Pinjaman Online dan Perlindungan Hukum Terhadap Konsumen Prayuti, Yuyut; Syifa, Hilda Ainis; ZA, Nanang Fahruddin
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i1.10620

Abstract

Online loans are financial institutions that provide loans and borrowing of funds through digital technology. This study aims to examine the impact of using online loan services and the legal protection applied to online loan consumers. This study uses a normative legal method with a qualitative approach. The data used are secondary data obtained from laws and regulations, legal doctrine, related literature, and jurisprudence. Data collection techniques are carried out through document studies, while data analysis is carried out qualitatively by interpreting and connecting relevant legal data to examine legal protection for online loan consumers. The results of this study indicate that the use of online loans by consumers has positive and negative impacts. One of the positive impacts is providing significant economic development for the community and the negative impact is high interest rates. Legal protection for online loan consumers is regulated in the Financial Services Authority Regulation (POJK) Number 2 of 2023 which includes protection of assets, privacy, and consumer data; obligations and prohibitions for consumers and online loan actors; collection mechanisms carried out by online loan actors to consumers; and so on.
KEBEBASAN BERSERIKAT DAN BERKUMPUL DALAM PERSPEKTIF HAK ASASI MANUSIA Tarmudi, Tarmudi; Widagdo, Gatot Subroto; Putra, Rengga Kusuma; Saragih, Geofani Milthree; Amelia, Risky
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.10654

Abstract

This study aims to analyze freedom of association and assembly from a human rights perspective, and explore the challenges faced in its implementation in various countries. The scope of the study includes a review of various cases of violations of the right to freedom of association and assembly, both in countries with democratic and authoritarian systems. In addition, this study will also discuss the role of international organizations and civil society in promoting and protecting these rights. This study will not only discuss the theory and basic principles of freedom of association and assembly, but will also dig deeper into how these rights are implemented in practice, the challenges faced, and steps that can be taken to strengthen the protection of these freedoms throughout the world. This study is expected to make a significant contribution to understanding the complexity of freedom of association and assembly and its impact on human rights as a whole. This study uses a qualitative approach with a case study design. The qualitative approach was chosen because it allows researchers to dig deeper into freedom of association and assembly in the context of Human Rights (HAM).
Analisis Sistem Resi Gudang Sebagai Alternatif Pembiayaan Petani Ketika Deflasi Hasanah, Nisa Maulida; Pratama, Muhammad Ath-Thaariq
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 4 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i4.10673

Abstract

The Central Statistics Agency released its latest report on economic conditions in Indonesia, which has experienced deflation for 5 consecutive months. During this time, people's purchasing power continued to decline, making it difficult for farmers and fishermen to sell their produce at reasonable prices. The declining purchasing power makes many farmers or fishermen throw away their products because they cannot be stored. The government has created a Warehouse Receipt System (SRG) that aims to allow farmers, fishermen and others to store their commodities in a standardized warehouse. In addition, the SRG also includes a guarantee mechanism that allows for financing. Farmers and fishermen can store their products in SRG warehouses for a long time, but still get money for production capital with financing that makes Warehouse Receipts as collateral objects. SRG can be a solution for farmers and fishermen in the face of deflation or a decline in purchasing power with production continuing even though sales are slower than usual.
PERLINDUNGAN HAK PENYANDANG DISABILITAS DALAM PERSPEKTIF SOSIOLOGI HUKUM Malik, Deden Abdul; Ningrum, Novita Ardiyanti; Zulvia, Ransya Ayu; Alfani, Feralda Septya; Aisah, Putri Maharani Rahma; Saebani, Beni Ahmad
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.10718

Abstract

Protection of the rights of persons with disabilities in Indonesia is generally regulated through various statutory regulations, one of which is Law Number 8 of 2016 concerning Persons with Disabilities. However, various challenges arise due to stigma, discrimination and a lack of public understanding of the rights of people with disabilities.. The aim of this research is to determine the factors that cause social stigma towards people with disabilities, to determine efforts to overcome social stigma towards people with disabilities and legal protection. The methodology used in this research is juridical-empirical law with a qualitative paradigm with a legal sociology approach. Factors that cause social stigma towards people with disabilities are not receiving support from their families, a lack of self-will to develop, as well as negative stigma from society. Efforts to overcome social stigma towards people with disabilities include that the families of people with disabilities must provide support, people with disabilities must have the self-confidence to develop, and the community is given education through outreach regarding the prohibition of discrimination against people with disabilities.
HAK ANAK UNTUK MENDAPATKAN PERLINDUNGAN DARI KEKERASAN DI LINGKUNGAN SEKOLAH Ikrar, Ega; Wijaya, Andy Usmina
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.10721

Abstract

This study aims to analyze the legal protection of children's rights against violence in school environments and the effectiveness of law enforcement measures. Using a normative juridical method with legislative and conceptual approaches, the research examines various data sources, including legislation such as the Child Protection Act, reports on school violence cases, and relevant academic literature. The data were analyzed qualitatively to evaluate the alignment between regulations and their implementation in practice. The findings reveal that although anti-violence policies have been implemented in several schools, their application remains suboptimal, particularly in addressing non-physical violence such as verbal bullying and emotional abuse. A lack of education about children's rights and legal understanding among educators emerges as a major obstacle. Additionally, reporting mechanisms for school violence cases are often ineffective, leaving many incidents unreported or inadequately addressed. The practical implications of this study include the need for regular training for educators on children's rights and violence handling, strengthening accessible reporting systems for students, and enhancing collaboration among schools, families, and the government. The study also recommends revising anti-violence policies to be more comprehensive and responsive to children's needs. By creating a safe and supportive school environment, the protection of children's rights against violence can be ensured, fostering the development of a physically and mentally healthy future generation.
HUKUM SUKARELAWAN DALAM PENGATURAN LALU LINTAS BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 Lauren, Audrey; Sudiro, Ahmad
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.10753

Abstract

This research aims to examine the implementation of legal freedom in traffic regulation in accordance with applicable regulations and the challenges faced in the field. This research adopts a type of sociological juridical research, which aims to examine various rules, concepts, societal views and legal doctrines sourced from secondary legal materials and relevant laws and regulations, especially those related to the issues discussed. The design approach implemented in this research is none other than statutory regulations or a statutory approach. This research was achieved through efforts to analyze regulations or forms of regulations which were characterized as being related to the legal context issues. The data collection technique in this research uses secondary data, where information is obtained from library research, by tracing, collecting and analyzing the required literature materials. Researchers use legal analysis techniques which are followed by efforts at description, systematization, legal analysis and interpretation. The results of this research reveal that there is no ban on volunteer road crossing/traffic controllers, however, on the one hand, there have been several complaints from the public that the presence of these volunteers can disrupt and hinder their traffic. However, if the volunteer worker is proven to have caused a traffic accident, then it must be processed in accordance with applicable criminal law. In many areas, volunteers have demonstrated their ability to help regulate traffic flow, but support from the government is low and remains a challenge for communities. Therefore, there is a need for training and training for volunteer workers, supported by increased monitoring and evaluation of volunteers.
PERLINDUNGAN DATA BIOMETRIK DALAM SEKTOR PERBANKAN DI INDONESIA DAN AMERIKA SERIKAT Asokawati, Ainunnisa Rezky
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.10775

Abstract

This study aims to analyze and compare the regulation and implementation of biometric data protection in the banking sector in Indonesia and the United States. In addition, this study also evaluates the security risks of biometric data and provides policy recommendations to improve its protection. This study uses a doctrinal method using primary and secondary legal sources. The focus of this study is to examine how the Indonesian State protects biometrics as personal data in a legal context and to compare the regulations and implementation related to biometrics in the banking sector in Indonesia and the United States. Based on the results of the study, in general, it was found that both have regulated the financial services sector, especially banking, and the technical management of personal data of customers and/or prospective customers. However, there are no detailed regulations aimed at protecting the biometrics of banking consumers. The absence of specific regulations on biometric data protection in the banking sector requires banks to take proactive steps in securing customer data, such as strengthening security systems and adopting strict internal policies. In addition, the government needs to consider creating more detailed regulations to provide legal certainty and better protection for consumers.
PENYALAHGUNAAN KEADAAN SEBAGAI ALASAN PEMBATALAN PERJANJIAN INVESTASI Nicholas, Ferdinand; Soemartono, Raden Mas Gatot Prasetyo
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.10776

Abstract

Business activities often involve third parties, including banks, which are established to improve the lives of individuals by providing an effective and efficient payment system. However, banks can sometimes get involved in legal issues, especially when they exploit circumstances involving individuals in vulnerable positions, such as those in prison. This study aims to investigate the concept of abuse of circumstances as a legitimate reason for the cancellation of an agreement. Utilizing normative research methods, this study seeks to examine the dynamics of law by examining legal rules, principles and legal doctrines. The results of this study show that a defect in will in an agreement can warrant cancellation by the injured party if it can be shown that there was an abuse of circumstances. In addition, custodian banks should be held accountable for losses incurred due to their actions or omissions in such situations. By clarifying legal responsibilities, this study emphasizes the need for banks to exercise due diligence and ethical practices in their transactions, especially with vulnerable individuals. The originality of this study lies in its specific focus on the application of the concept of abuse of circumstances in the legal relationship between banks and individuals in vulnerable situations, such as prisoners. While many legal studies focus on the general aspects of contractual liability, this study highlights an often overlooked legal gap regarding the protection of individuals who may not have the capacity to understand or reject onerous provisions in an agreement.
TANGGUNGJAWAB MASKAPAI ATAS GANTI KERUGIAN IMMATERIL PADA PERKARA WANPRESTASI AKIBAT PEMBATALAN JADWAL PENERBANGAN (Studi Kasus Putusan MA NO. 2822K/PDT/2014 Tanggal 28 Agustus 2015) Soraya, Nada Intan
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.10777

Abstract

This study aims to analyze the form of airline responsibility in providing immaterial compensation to passengers due to flight schedule cancellations categorized as default. The focus of this study is to understand the legal basis, the form of compensation that can be given, and the application of the law based on the Supreme Court's decision case Number 2822k/Pdt/2014 dated August 28, 2015. In this case, the airline PT. Lion Mentari Airlines was required to pay immaterial compensation of Rp. 50,000,000 to the plaintiff. The research method used is doctrinal legal research with a normative juridical approach. Data collection was carried out through library research with primary legal sources such as the Civil Code (KUH Perdata) and secondary legal sources in the form of literature, journals, and relevant legal documents. Data were analyzed qualitatively to gain a deep understanding of the application of the law related to airline responsibility in cases of default. The results of the study indicate that the airline's responsibility in providing immaterial compensation is based on the provisions of Article 1243 to Article 1252 of the Civil Code regarding breach of contract, as well as Article 1365 of the Civil Code regarding unlawful acts. The Supreme Court's decision in the case emphasizes the importance of respecting consumer rights and implementing the principle of justice in legal protection for injured passengers. These findings contribute to the development of consumer protection law in the air transportation sector in Indonesia.
PERLINDUNGAN HUKUM TERHADAP PT PEGADAIAN ATAS BARANG JAMINAN HASIL TINDAK PIDANA PENCURIAN (STUDI PUTUSAN NOMOR 150/PID.B/2023/PN.KTG.) Sitorus, Steven; Prasetyo, Boedi
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.10802

Abstract

This research examines the legal protection for PT Pegadaian on pawn collateral that is proven to be the result of a criminal offense, such as in the case of Kotamobagu District Court Decision Number 150/Pid.B/2023/PN.Ktg. The purpose of this study is to examine the availability of legal protection. to PT Pegadaian and the legal actions that may be done in the event that problematic material is encountered. This study employs a normative legal approach that draws on statutes and case law and adopts the theory of preventive and repressive legal protection. The results show that although PT Pegadaian has applied the precautionary principle following the Standard Operating Procedure (SOP), there is still a risk of receiving collateral from criminal acts that can cause material and immaterial losses. Therefore, a clearer legal protection mechanism is needed to maintain trust in the relationship between debtors and creditors and ensure legal certainty in business activities.

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