Legal Standing : Jurnal Ilmu Hukum
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
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<![CDATA[Kepastian Hukum Tanggung Jawab PPAT Terhadap Akta Jual Beli Tanah yang Tidak Dibacakan Dihadapan Para Pihak ]]>
<![CDATA[Hidayat, Abia Kalila]]>;
<![CDATA[Yunanto, Yunanto]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i2.10982
<![CDATA[Notary/PPAT is a public official who has an important role in ensuring legal certainty through authentic deeds made by authorized officials. In the land law system, the process of making authentic deeds is the basis for the transfer of land rights. So that the deed of sale and purchase of land made by PPAT has authentic legal force that guarantees legal certainty. This study is expected to provide a clearer understanding of the importance of the deed reading procedure in ensuring legal certainty, as well as emphasizing the responsibility of PPAT in carrying out their duties in accordance with the principles of caution and professionalism. The type of research used is Normative Juridical research or library legal research methods, namely reviewing laws and regulations and relevant case studies on the importance of understanding bankruptcy status where notaries affect their professional duties and the authenticity of legal documents. The results of this study indicate that with the existence of administrative sanctions of dishonorable dismissal of the position of PPAT for violating the law, and in general the legal consequences of a deed that is not read in front of the parties will be the same as a private deed and have legal consequences as a private deed because of the error of the PPAT being given administrative responsibility for his actions of dishonorable dismissal in accordance with the Regulation of the Republic of Indonesia Number 37 of 1998 concerning the Regulation of the Position of Land Deed Making Officials Article 22, the PPAT deed must be read/its contents explained to the parties in the presence of at least 2 witnesses before being signed immediately by the parties, witnesses, and the PPAT in this case deviating from what is in the Law.]]>
<![CDATA[Prosedur Penanganan Hukum Anak Pelaku Tindak Pidana Narkotika: Perbandingan Hukum Indonesia-Thailand ]]>
<![CDATA[Sembiring, Kirensi]]>;
<![CDATA[Abduh, Rachmad]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11097
<![CDATA[This research aims to explore the sentencing regimes applied to child offenders in the context of narcotic crimes in Indonesia and Thailand, as well as conduct a comparative study on the legal handling procedures applicable in both jurisdictions. Children represent the demographic with the highest prevalence of narcotic use globally. The normative framework in Indonesia is constructed through specific legislative instruments, namely the Republic of Indonesia Law No. 35 of 2009 regarding Narcotics and the Republic of Indonesia Law No. 11 of 2012 governing the Child Criminal Justice System. In the context of Thailand, related regulations are implemented through the Narcotic Act B.E 2522 and Juvenile Court B.E 2494. Narcotic abuse can be perceived as a crime without victim (crime without victim). This terminology indicates that this illegal activity does not produce external suffering, but rather the perpetrator themselves experiences detrimental consequences. This study is a library research with a normative approach, using documentary study methods to collect information and analyzed through qualitative interpretive procedures. The investigation results reveal that the legal regimes in Indonesia and Thailand apply a rehabilitative approach, both through non-institutional and institutional interventions, with the primary focus on protecting the rights of children involved in criminal acts.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Pekerja Kontrak dalam Pemutusan Hubungan Kerja ]]>
<![CDATA[Hasan, Fuad]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11128
<![CDATA[In Indonesia, the legal protection of workers includes two basic aspects, namely protection from the power of the employer and protection from government action. Legal protection from the power of the employer is implemented if the regulations on labor are implemented by all parties. The purpose of providing legal protection to workers is to create good working relationships and ensure that the rights of workers are implemented and can be fully received in accordance with applicable regulations and labour agreements. The research method used normative juridical research with a statutory approach and conceptual approach. Basically, this employment agreement contains the rights and obligations of the parties, in this case employers and employees. In labor relations, legal protection aims to avoid the arbitrariness of one of the parties. Factors affecting legal protection of workers' rights due to termination of employment include the fact that there are still many business actors who do not carry out their obligations to provide rights to workers in accordance with applicable regulations. Protection related to the rights of workers affected by termination of employment has been regulated in Law Number 6 Year 2023, namely the fulfillment of workers' rights consisting of severance pay, long service pay, and compensation pay that should be received in accordance with the length of service in the company concerned.]]>
<![CDATA[Hipotek Kapal: Perlindungan Hukum dan Kepastian Bagi Kreditur ]]>
<![CDATA[Pambayun, Cindy Fatika Dewi]]>;
<![CDATA[Tan, David]]>;
<![CDATA[Fitri, Winda]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i3.11137
<![CDATA[Ships as collateral for mortgages in credit agreements are regulated in Articles 1162 to Article 1232 of the Civil Code and Shipping Law Number 17 of 2008. This departs from Indonesia's geographical conditions as a maritime country with important sea transportation, as well as its position in between the continents of Asia and Australia. Ships have two legal statuses, namely as movable and immovable objects. The Shipping Law states that the guarantee of a ship is determined by its region of registration, which is also linked to information about the ship and its owner in the national registration book. The nationality of the ship needs to be considered like other property rights. Banks are often hesitant to accept ship collateral due to the precautionary principle. However, the 2008 Shipping Law provides new hope for shipping entrepreneurs, even though many ships are not yet insured, making it difficult for banks to accept ships as credit collateral.]]>
<![CDATA[Fatwa MUI Nomor 83 Tahun 2023 Terkait Pemboikotan Produk Israel (Tinjauan Aspek Ekonomi, Sosial Dan Politik) ]]>
<![CDATA[Syam, Syafruddin]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11140
<![CDATA[This study aims to analyze the implementation of the Indonesian Ulema Council (MUI) Fatwa Number 83 of 2023 concerning the boycott of Israeli products, with a focus on its impact in North Sumatra Province from economic, social, and political aspects. The research method used in this study is qualitative using a legal sociology approach. The data sources used are primary data and secondary data with data collection methods, namely literature review and interviews. The results of the study obtained indicate that the MUI fatwa Number 83 of 2023 concerning the boycott of Israeli products, viewed from an economic aspect, has the potential to reduce the income of Israeli companies that rely on exports to international markets, including Indonesia. From a social aspect, this boycott is a manifestation of concern for the suffering of others and support for their struggle. From a political aspect, this fatwa has several implications, specifically support for Palestine. This study is expected to contribute to the understanding of the interaction between ulama fatwas, public policy, and public response in the context of sensitive international issues.]]>
<![CDATA[Peran Hak Paten dalam Melindungi Inovasi Obat dan Meningkatkan Keberlanjutan Industri Farmasi ]]>
<![CDATA[Maulana, Adam Afin]]>;
<![CDATA[Abadi, Suwarno]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11179
<![CDATA[Patents play a strategic role in the development of the pharmaceutical industry as a mechanism for protecting drug innovation that drives research and development. In Indonesia, patent protection provides a legal basis to ensure exclusive rights to commercialize inventions, guarantee returns on investment, and facilitate the creation of innovative, safe, and quality pharmaceutical products. However, there is a tension between patent protection and the need for public access to affordable medicines. This article aims to analyze the role of patent protection in driving pharmaceutical innovation while evaluating its impact on the sustainability of the industry and public accessibility in Indonesia. This study uses a descriptive analytical method through a review of literature and secondary data relevant to the issues of patent protection, pharmaceutical innovation, and drug access in Indonesia. The analysis was conducted to identify the potential and challenges of implementing the patent system, as well as policies that can balance the need for innovation with public health interests. The results of the study show that although patents are able to attract investment and increase the competitiveness of the Indonesian pharmaceutical industry in the global market, their monopolistic nature often leads to increased drug prices, limiting access for vulnerable groups. Policies such as compulsory licensing can be a solution to ensure the production of generic drugs without neglecting innovation protection. With a balanced approach between intellectual property protection and equal access to essential medicines, Indonesia has the potential to build a sustainable pharmaceutical industry that is able to compete globally while meeting the health needs of its people.]]>
<![CDATA[Pembatasan Kepemilikan dan Penguasaan Lahan Rumah Tinggal Ditengah Pembangunan Komoditas Investasi ]]>
<![CDATA[Ruska, Afdhal -]]>;
<![CDATA[Jaya, Febri]]>;
<![CDATA[Tan, Winsherly]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 1 (2025): Januari-April ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i1.11180
<![CDATA[This study highlights the importance of restricting residential land ownership and control in Indonesia because land is a capital asset. This study examines the social and economic impacts of this phenomenon, focusing on the Basic Agrarian Law, and provides policy recommendations to address the conflicts and inequalities that arise. This study uses a normative legal method. The results of the study show that the authorities of the Republic of Indonesia have attempted to restrict ownership and management of land rights for residential purposes, but these efforts have not been fully effective and clearly regulated in one law. The solution to restrict this is to create legal regulations that consider legal provisions and consider philosophical, legal, and sociological bases. The limitations of this study's findings lie in the lack of elaboration of the actual implementation of efforts to restrict residential land ownership and control in Indonesia, as well as the lack of analysis of the specific obstacles faced by the authorities in implementing them. In addition, recommendations for creating new legal regulations are still general in nature and do not include concrete mechanisms or steps to integrate philosophical, legal, and sociological aspects into regulations. However, the originality of this study lies in emphasizing the importance of a holistic approach in formulating policies, which considers not only the formal legal dimension, but also social values and the philosophy of justice in dealing with land as an investment commodity. This finding provides a significant contribution to the discourse on policy reform related to land ownership, especially in the context of facing pressure from the investment market.]]>
<![CDATA[Perlindungan Hukum Bagi Korban Tindak Pidana Terorisme di Indonesia: Tantangan dan Implementasi ]]>
<![CDATA[Nuralam, Yoga Wibawa]]>;
<![CDATA[Saleh, Moh.]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i2.11249
<![CDATA[This study aims to explore the legal protection provided to victims of terrorism in Indonesia, considering its broad impact on individuals and society. Using a normative juridical method, the study analyzes regulations such as Law No. 5 of 2018 and Law No. 13 of 2006, along with relevant legal concepts. The findings indicate that while legal protection includes compensation, restitution, and rehabilitation, its implementation faces challenges in legal, policy, and institutional coordination aspects. This study contributes by identifying key obstacles in regulatory enforcement and proposing strategies to enhance the effectiveness of legal protection through optimized law enforcement mechanisms. The study's limitation lies in its focus on normative analysis without an in-depth empirical examination. Its originality stems from a comprehensive evaluation of the effectiveness of existing regulations and strategic recommendations to improve protection for terrorism victims.]]>
<![CDATA[Analisis Penyebaran Berita Hoax di Media Sosial: Perspektif Hukum dan Peran Masyarakat dalam Mitigasi ]]>
<![CDATA[Masrufah, Masrufah]]>;
<![CDATA[Fatmawati, Nynda]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i2.11250
<![CDATA[The spread of fake news (hoaxes) through social media has become a serious challenge in Indonesia due to its impact on social stability and national security. This study aims to explore various types of hoaxes circulating on social media, the legal frameworks used to address them, and the role of society in preventing their spread. This research employs a qualitative approach through document analysis of relevant regulations, such as the Electronic Information and Transactions Law (UU ITE) and the Indonesian Criminal Code (KUHP), as well as case studies of viral hoaxes in Indonesia. The findings indicate that hoaxes can be categorized into several types, including hate speech based on ethnicity, religion, race, and intergroup relations (SARA), public fraud, defamation, and false information that causes panic. Health-related hoaxes have also become a significant concern, particularly during the pandemic. Law enforcement against hoax perpetrators must be carefully implemented to avoid violating freedom of speech. Therefore, digital literacy is essential to raise public awareness in identifying and preventing the spread of hoaxes.]]>
<![CDATA[Integrasi Kearifan Lokal dan Hukum Positif dalam Pengelolaan Lingkungan ]]>
<![CDATA[Salamena, Hanny Jermias Onisimus]]>;
<![CDATA[Saleh, Moh.]]>
<![CDATA[ Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Ponorogo ]]>
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DOI: 10.24269/ls.v9i2.11251
<![CDATA[The practice of land clearing by burning forests has long been a part of indigenous communities' local wisdom in North Sumatra to enhance soil fertility. However, this practice conflicts with Indonesia’s positive laws, particularly Forestry Law No. 41 of 1999 and Environmental Protection Law No. 32 of 2009. This study aims to analyze the integration of local wisdom and positive law in environmental management. Using a qualitative approach with a case study method, the research examines the case of Sorbatua Siallagan, where land clearing in protected forest areas led to legal consequences. The findings reveal that while indigenous practices contribute to sustainable land use, they also pose environmental risks, including forest fires and air pollution. Therefore, strengthening dialogue and empowering indigenous communities with environmentally friendly agricultural techniques is necessary to harmonize local traditions with legal regulations, ensuring environmental sustainability and community welfare.]]>
