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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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PENERAPAN RESTORATIVE JUSTICE DALAM PERKARA PERSETUBUHAN TERHADAP ANAK YANG BERAKHIR DENGAN PERKAWINAN Yasin, Bukhari; Yasir, H. M.; Yulianto, Alfian
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.10811

Abstract

This study aims to examine the mechanism of the application of Restorative Justice in resolving criminal cases of sexual intercourse with married children, and to consider the principles of Restorative Justice in court decisions related to the case. The approaches used include legislative and conceptual approaches. The results of the study indicate that the application of Restorative Justice in this case allows for the creation of justice for the victim, with formal requirements in the form of a peace agreement between the parties concerned and the fulfillment of the victim's rights and the perpetrator's responsibilities. Material requirements that must be met include not causing unrest or rejection in society, not triggering social conflict, not threatening national unity, and ensuring that the perpetrator is not a recidivist in accordance with the court's decision.
PENGATURAN RETUR BARANG OLEH PIHAK EKSPEDISI PADA APLIKASI SHOPEE PERSPEKTIF MAQASHID SYARI’AH Afifah, Fauziyyah; Hidayat, Rahmat
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.10820

Abstract

The popularity of online buying and selling transactions on the Shopee app allows you to shop without having to visit a store or market centre. However, this cannot be separated from the problem. Some of these issues include unsuccessful courier delivery due to damaged products, inaccurate address, and inability to reach the buyer during the delivery process. Failed delivery results in the products being returned to the seller by the expedition in accordance with Shopee policies. Objective This research demonstrates how to give legal protection for customers. Return of goods by the expedition party via the Shopee app. And to find out Consumer protection procedures for the return of items by the expedition party on the Shopee application, reviewed from maqashid shariah. This study seeks to determine the manner of control of unilateral returns of items by expeditions, as well as the idea of consumer protection, from a Maqashid Syari’ah perspective. The research methodology is empirical law with a living case studies, statute, and conceptual approach. Results This study explains that the courier violated the principles of good faith and default as regulated in Article 1338 paragraph (3) of the Civil Code and Article 7 letter an of the Consumer Protection Law, allowing consumers who have been harmed to seek compensation for the costs of ordering goods from Shopee, a business actor that provides marketplace services. Consumer protection against material losses is the application of according to the principle of Hifz al-Mal (property protection), Shopee is required to give a guarantee of compensation for the return of items by the expedition.
Kepastian Hukum terhadap Keabsahan Peralihan Tanah yang Belum Bersertipikat Krestianto, Agustinus Herry; Abadi, Suwarno
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.v9i2.10828

Abstract

Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations confirms that there is not an inch of land in our country that does not have an owner or is called "no-man's land". The absence of proof of ownership of a plot of land in the form of a certificate, is a problem in the legal act of buying and selling land in obtaining legal protection. The purpose of this study is to analyze and examine the transition of land that has not been interpreted in obtaining legal certainty. This is because there are still many buying and selling of land that have not been unilaterally carried out unilaterally between the seller and the buyer on the basis of girik/petuk d which is the basis of tax payments on land and juridically is not proof of land ownership recognized bycountry. This study uses a type of normative legal research in the form of in-depth study to conduct detailed and clear research and find a specific legal analysis of the problems under study using the statute approach (statute approach) andConceptual approach (conceptual approach) with an analysis based on legal arguments. Transition/buying and selling land that does not yet have a certificate in practice is carried out with the process of operating land rights and is not a buying and selling land. That is, all that is diverted is the civil rights attached to the subject/seller as the main rights holder in obtaining ownership of land objects through land registration for the first time. The validity of the land rights operation must be made with an authentic deed by a notary and then a land registration is carried out at the local land office to obtain legal certainty from the state, which is in the form of certificates. Storage of the certificate data document in the form of electronic rights bookkeeping that produces the relevant land book that is approved as well as ratifying certificates in the form of electronic documents, called Electronic Certificates (Certificate-El).
AJARAN IMAM ABU HANIFAH DALAM HUKUM ISLAM MELALUI MAZHAB HANAFI Ningrum, Novita Ardiyanti; Kuraesin, Siti; Aisah, Putri Maharani Rahma; Prasetia, Riky; Anwar, Syahrul
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.10845

Abstract

This research is motivated by the fact that Islam recognizes the existence of four most prominent schools of thought, namely Hanafi, Maliki, Shafi'i, and Hambali. The scholars and Imams of the madhhab essentially discuss Islamic law. The discussion includes various concepts, including opinions, beliefs, ideologies, doctrines, teachings, understandings, and legal frameworks. Imam Hanafi is one of them, who has a rational style of fiqh and ushul fiqh thinking. This research aims to analyze how the biography and social and intellectual conditions at the time of Imam Abu Hanifah and how the pattern of ijtihad and examples of Imam Abu Hanifah's opinions in Islamic Law. This research uses a normative juridical approach and descriptive analysis method. Data was collected using literature study techniques, and using qualitative data analysis techniques. The results showed that Imam Abu Hanifah was a jurist who lived during the Umayyad and Abbasid dynasties, which were characterized by rapid social and intellectual development. He created the Hanafi school, known as flexible and moderate, which emphasizes the use of reason and ijtihad in determining Islamic law. In addition, the istihsan and urf methods that Imam Abu Hanifah introduced in fiqh allowed for the application of laws that were more in line with local social and cultural contexts. This shows that Imam Abu Hanifah valued and balanced customs and Islamic values.
Anti-SLAPP sebagai Strategi NDC dalam Perlindungan Hutan Zero Deforestation Pertiwi, Ella Paramitha; Effendy, Muhammad Alim Multazam; Yakin, Moh Ainul; Taufik, Moh.
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.10854

Abstract

Indonesia has very diverse natural resources, especially the abundant forest wealth. But in reality, forest wealth is declining due to deforestation. This contradicts Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which states that people need to fulfil their right to a good and healthy environment. The research was conducted using normative juridical method through statutory, case study and conceptual approaches that produced qualitative data through literature study. This research found the fact that there is no regulation that discusses the implementation of Nationally Determined Contributions (NDC) in Indonesia and there are still many cases of criminalisation due to deforestation cases. Therefore, it is necessary to embody the NDC in the Anti-SLAPP regulation to realise Zero Deforestation-based forest protection in Indonesia.
Analisis Yuridis Kebijakan Hukuman Mati di Indonesia Zulhilmi, Daffa; Chaidar, Muhamad
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.v9i1.10922

Abstract

The death penalty is the highest form of punishment still applied in Indonesia, especially for serious crimes such as premeditated murder, narcotics, and terrorism. This policy has a clear legal basis in the Criminal Code and a number of special laws. However, its implementation has raised debates regarding its impact on human rights, especially the right to life guaranteed by the constitution. This study aims to examine the legal basis, history and evolution of the death penalty policy, its impact on human rights, and its implementation in the context of law enforcement in Indonesia. This study uses a normative legal method with a legislative, conceptual, and historical approach, as well as qualitative data analysis of primary and secondary legal materials to understand the legal basis, objectives, and implications of the implementation of the death penalty in Indonesia. The results of the study show that although the death penalty has strong legal legitimacy, its implementation faces serious challenges, such as criticism of its effectiveness in preventing crime and potential violations of procedural justice, especially for less fortunate defendants. International pressure has also encouraged Indonesia to consider progressive steps, such as implementing a moratorium or abolishing the death penalty. This study concludes that the death penalty needs to be thoroughly evaluated to be more in line with human rights principles. A moratorium could be the first step in reforming more humane and effective sentencing policies.
Tinjauan Yuridis Tentang Dispensasi Perkawinan di Indonesia Ariyanti, Siska; Kusnadi, Sekaring Ayumeida
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.v9i1.10924

Abstract

Child marriage in Indonesia is a complex issue with socio-cultural dimensions and human rights violations. Although Law No. 16/2019 stipulates that the maximum age of marriage is 19 years old, the implementation of the child marriage recognition system still allows minors to marry due to pregnancy outside of marriage or due to social pressure. The purpose of this study is to evaluate the legal analysis of legislation related to the exclusion of the age of marriage and its implementation. The method used is normative research with a legal conceptual approach. The findings show that despite strict regulations, gaps in the exemption application process continue to create the potential for child marriage. Therefore, measures are needed to tighten the procedure, such as raising the minimum age limit, implementing additional documentation requirements, and making marriage counseling mandatory. This tightening is expected to protect children's rights, raise public awareness of the negative impacts of early marriage, and increase interest in education and mental preparation before marriage.
Pertanggungjawaban Hukum Orang Tua dalam Tindak Pidana Inses Putri, Dina Wanda Setiawan; Kusnadi, Sekaring Ayumeida
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.v9i1.10941

Abstract

This study aims to examine the legal responsibility of parents in incest crimes in Indonesia and to evaluate the effectiveness of existing laws and regulations in preventing and handling these crimes. This study uses a normative legal approach with legislative and conceptual research methods. The main data sources are primary legal materials, such as Article 8 of Law Number 1 of 1974 concerning Marriage and Article 76D of Law Number 35 of 2014 concerning Child Protection, as well as secondary legal materials in the form of literature, journals, and other related documents. Data collection techniques are carried out through document studies, while data analysis is carried out in a normative legal manner to understand, criticize, and interpret applicable legal regulations. This study found that although existing regulations have prohibited and criminalized incest, such as in Article 8 of the Marriage Law and Article 76D of the Child Protection Law, the sanctions applied are considered not strict enough to provide a deterrent effect. The application of castration and the installation of electronic chips, as regulated in the Child Protection Law, has also raised controversy regarding human rights. This study emphasizes the importance of strengthening the legal system through revision of laws that provide more effective sanctions and include comprehensive protection for incest victims. The originality of this study's findings lies in the critical analysis of legal loopholes in legislation and recommendations for restorative justice-based solutions that have not been widely reviewed in previous studies.
Kepastian Hukum Atas Status Tanah Adat Setelah Berlakunya Undang-Undang Pokok Agraria Zahra, Mutia; Priyono, Ery Agus
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.v9i1.10973

Abstract

On September 24, 2024, the Basic Agrarian Law (UUPA) was enacted and implemented, which is the main legal basis for land regulation in Indonesia. Before the UUPA was enacted, land regulations in Indonesia were still based on unwritten customary law and Western civil law inherited from the colonial era. In practice, many Indonesian people control land based on customary law, which often does not have valid written evidence to show ownership rights. Therefore, regulations regarding land rights are still often complicated and prone to disputes. The UUPA is present as an implementation of Article 33 paragraph (3) of the 1945 Constitution which mandates that the earth, water, and natural resources must be controlled by the state and used as much as possible for the prosperity of the people. The main objective of the UUPA is to create a just and prosperous society, as well as to provide legal certainty regarding land ownership and provide protection to people who have ownership rights to customary land, the UUPA allows the conversion of ownership rights to customary land into ownership rights in accordance with the provisions of the UUPA. The process of proving land rights in the UUPA can be done in several ways, such as land registration followed by the issuance of a land certificate, the issuance of a Land Rights Certificate (SKHAT) by the Village Head or Lurah which is authorized by the Sub-district Head, and also with physical control of the land which is proven by the existence of plants or buildings on the land. Through the UUPA, the government plays a role in equalizing land distribution and improving natural resource management, as part of agrarian reform. This is important to create a fairer and more equitable land ownership system throughout Indonesia.
Kepastian Hukum Pelaksanaan Lelang Terhadap Pemenang Lelang pada Saat Penyerahan Obyek Septianingrum, Mia; Santoso, Budi
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.v9i2.10981

Abstract

This study discusses what if it turns out that the auction object when its obligations have been paid off by the buyer is not appropriate? If there is a legal vacuum, then what can be done to protect the buyer's rights? This study was conducted in order to answer questions like this, and then to be able to provide legal certainty and also legal protection for the parties involved in the auction. This research method is normative juridical. The approach used is the statutory approach (Statute Approach) and the conceptual approach (Conceptual Approach). Several studies show that auction winners often face delays in receiving auction objects due to administrative procedures or in moving auctions, the goods submitted are not appropriate. This arises because the laws and regulations regarding auctions are very minimal. The latest regulation is seen, namely the Minister of Finance, such as the Regulation of the Minister of Finance Number 27 of 2016 concerning Auction Implementation Guidelines. This results in a legal vacuum in several matters regarding auctions. One of them is if the auction object that is submitted during the delivery period is then not appropriate. Because this is not regulated in existing laws and regulations, it results in legal uncertainty for auction buyers.

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