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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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Problematika dan Tanggung Jawab Profesi Notaris kepada Masyarakat demi Tercapainya Kepastian Hukum Anindita, Puspita; Priyono, Ery Agus
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.v9i3.11276

Abstract

In order to realize the Republic of Indonesia as a State of Law based on Pancasila and the 1945 Constitution of the Republic of Indonesia in order to guarantee certainty, order and legal protection for those who need authentic written evidence which explains the circumstances, events or legal acts that require the Office of Notary, in 2004 the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary was issued as amended by Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to the Republic of Indonesia Law Number 30 of 2004 concerning the Office of Notary. Based on the Provisions of Article 1 number 1 of the Republic of Indonesia Law Number: 30 of 2004 concerning the Position of Notary as amended by the Republic of Indonesia Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary, the definition of Notary is as follows: Notary is a public official who is authorized to make authentic deeds and other authorities as referred to in this Law. Thus, because the Notarial Deed is an Authentic Deed, the Notarial Deed has perfect or complete evidentiary power, as stipulated in Article 165 HIR.
Analisis Peraturan Pejabat Pembuat Akta Tanah (PPAT) Perspektif Kepastian Hukum di Indonesia Al-Asyari, Shella Virgina Umma; Yunanto, Yunanto
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.v9i1.11289

Abstract

This research is motivated by the importance of the role of Land Deed Officials (PPAT) in the land law system in Indonesia which requires high standards of integrity and professionalism. The problems that arise in the regulation of temporary dismissal of PPAT due to violations, the absence of clear boundaries, resulting in legal uncertainty. The purpose of this study is to analyze the regulation of temporary dismissal of PPAT due to violations, in order to realize legal certainty in Indonesia. The formulation of the problem of this research is to what extent the regulation of temporary dismissal of PPAT due to disgraceful acts has fulfilled the principle of legal certainty. The research method used is normative juridical, with a statutory approach, analysis of various relevant legal literature. The results of the study indicate that the regulation regarding violations that can result in temporary dismissal of PPAT needs to be given clear boundaries. Ensuring that these regulations are in line with the applicable principle of legal certainty, as applied to other public offices in Indonesia. The existence of clear boundaries is expected to create clarity in the application of the law, thus providing adequate legal protection for PPAT in carrying out their duties.
Putusan Pengadilan Tata Usaha Negara Nomor 115/G/2023/PTUN.MDN tentang Pembatalan Sertifikat Hak Milik Perspektif Fiqh Siyasah Dalimunthe, Ahmad Nawawi; Ramadani, Ramadani
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.v9i1.11296

Abstract

Although land certificates serve as official documents that validate ownership rights, cases of land disputes and violations still often occur. Many individuals face challenges in defending their rights due to the lack of legal protection or the presence of parties who try to harm them. The purpose of this study is to determine how the decision of the state administrative court number 115/G/2023/PTUN.MDN regarding the cancellation of the certificate of ownership rights from the perspective of fiqh siyasah. This study uses a normative legal research method. The results of the study indicate that the PTUN Decision to cancel the Certificate of Ownership Rights (SHM) in the name of Parulian Damanik is contrary to applicable legal procedures and the principle of justice in fiqh siyasah, because the certificate was issued legally by the BPN and has a clear legal basis. Cancellation without evidence of administrative defects causes legal uncertainty, which violates the principle of legal certainty and the government's responsibility to protect individual rights transparently and fairly. This study includes a limited focus on one PTUN case, without expanding the analysis to other similar cases, as well as limited access to supporting documents from related parties. This study is based on the use of the fiqh siyasah approach in analyzing PTUN decisions, which is rarely discussed in the context of modern Indonesian law, and its emphasis on the impact of court decisions on legal uncertainty and justice in land administration. This study contributes to offering a new perspective on the relationship between state law and fiqh siyasah in maintaining individual rights to land.
Penerapan Hukum Disiplin Prajurit Tentara Nasional Indonesia di Pangkalan Korps Marinir Surabaya Pattiasina, Patrick; Yustitianingtyas, Levina
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.v9i1.11304

Abstract

As the largest archipelagic state, Indonesia possesses a vast maritime territory that is both strategically significant and rich in natural resources but also vulnerable to various global threats. The Indonesian National Armed Forces (TNI), including the Marine Corps under the Navy (TNI AL), play a crucial role in safeguarding national sovereignty and maintaining stability. Discipline among personnel is a key element in ensuring mission success, particularly at the Marine Base (Lanmar) Surabaya, which serves as a vital pillar of maritime defense. Military disciplinary law for TNI personnel is governed by various regulations, including the 1945 Constitution, Perkasal No. 13 of 2024 concerning Commanders Authorized to Impose Disciplinary Actions (Ankum) in the Navy, Perpang TNI No. 11 of 2018, and Perkasal No. 30 of 2018, which provide guidelines for imposing administrative and disciplinary sanctions on personnel. However, disciplinary violations persist, highlighting challenges in implementing these regulations in practice. This study focuses on the application of military disciplinary law at Lanmar Surabaya, analyzing its effectiveness in maintaining professionalism and performance among personnel, as well as identifying obstacles encountered in its implementation. Using a juridical-empirical approach, this research combines primary and secondary data to propose solutions aimed at improving compliance with military disciplinary regulations. The findings of this study are expected to offer strategic recommendations to enhance the operational success of Lanmar Surabaya in fulfilling its national defense mission.
Sanksi Pelaku Murtad dalam Perkawinan yang Masih Tinggal Bersama Perspektif Hukum Pidana Islam Mubarok MR, Husni
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.v9i1.11319

Abstract

Apostasy in Islam is considered a serious offense generally punishable by death. However, its application becomes complex when the apostate remains in a marital relationship, living with their spouse and children, thus raising legal dilemmas concerning family protection and the enforcement of sanctions under Islamic criminal law. This study aims to analyze the Islamic criminal law sanctions against apostates who continue to live with their families. Using a normative juridical method, the study examines the legal provisions from various sources, including the Qur’an, Hadith, and ijma’ (consensus of scholars). The findings reveal that the death penalty applies to apostates who leave Islam with the intention of opposing and destroying it. However, for individuals who apostatize but remain committed to protecting their family, the death penalty is deemed irrelevant. In such cases, a more prioritized approach involves counseling and efforts to bring them back to Islam. If these efforts fail, alternative sanctions such as ta’zir can be applied, including flogging, detention, fines, or reprimands, along with additional penalties such as asset freezing. In conclusion, under Islamic criminal law, apostates who maintain marital ties and live with their family are not subjected to the death penalty unless their apostasy is accompanied by hostility towards Islam and a desire to destroy it, as clarified in the historical development of Islamic law.
Tindak Pidana Money Politics Ditinjau dari Hukum Pidana Islam Hanafi, Hanafi; Sitepu, Rajin
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.v9i1.11320

Abstract

Politics and Islam are two concepts that cannot be separated, as Islam provides guidance for all aspects of life, including political and state affairs. In Indonesia, the practice of "Money Politics" or commonly referred to as "serangan fajar" has become a widespread phenomenon in various general elections. This phenomenon involves the strategy of giving money or basic necessities by the campaign teams of candidates to the public in exchange for their votes. This practice raises various issues from moral, legal, and justice perspectives. Therefore, this study aims to analyze Money politics from the perspective of Indonesian law using a critical theory approach, as well as from the perspective of Islamic law through a normative religious theory approach. This research employs a normative juridical method, examining relevant regulations and sources of Islamic law to provide an understanding of the impact of Money politics on the legal system and political ethics. The findings indicate that Money Politics  contradicts the principles of justice and integrity, both in Indonesian positive law and Islamic teachings. In conclusion, despite the persistence of this practice, there is a need for strengthening moral and legal values to create a cleaner and fairer political system.
Tinjauan Hukum Pidana Islam terhadap Pelaku Pemerkosaan Mayat Azizi, Al-Yafie; Iwan, Iwan
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.v9i1.11323

Abstract

The criminal act of necrophilia is a rare phenomenon but has serious implications for the dignity of the deceased and human values. This study is motivated by the legal void in Indonesia’s Criminal Code (KUHP), which does not explicitly regulate this crime. However, the Draft Criminal Code (RKUHP) has begun to include provisions addressing inhumane treatment of corpses, including necrophilia. From the perspective of Islamic criminal law, this act is considered a severe violation of the sanctity of the deceased and religious values. The aim of this study is to examine the crime of necrophilia from the perspective of Islamic criminal law to provide theoretical insights and propose alternative legal regulations relevant to Indonesia. The study employs a normative juridical research method, using a statutory approach and an analysis of Islamic legal doctrines, particularly principles of ta'zir, diyat, and interpretations by Islamic scholars concerning the dignity of the deceased. The findings reveal that while Islamic criminal law does not explicitly regulate necrophilia, this act is classified as a serious offense violating the sanctity and dignity of the deceased. Punishments include ta'zir, which is left to the discretion of judges, and diyat as compensation to the victim's family. The study concludes that both Indonesia's positive law through the RKUHP and Islamic criminal law regard necrophilia as a grave offense requiring clear legal provisions and strict punishment. This research recommends strengthening legal regulations to protect the dignity of the deceased while reflecting the values of justice and humanity.
Perkembangan Hukum Ekonomi Indonesia Melalui Cyber Notaris Hayun, Hayun; Mashendra, Mashendra; Hasri, Hasirudin; Aulia, Riska
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.v9i1.11335

Abstract

This research aims to analyze the development of Indonesian economic law through the implementation of the cyber notary system. The method used is a normative approach. The data used are legal materials, both primary (legislation), secondary (doctrine, jurisprudence), and tertiary (dictionary, legal encyclopedia), to analyze and interpret legal norms. Data sources include laws and regulations, jurisprudence (court decisions), legal doctrine (opinions of legal experts), and other legal materials such as draft laws and minutes of discussion. The results show that cyber notarization increases the value of electronic documents by legalizing them, for example, in addition to digitizing notary operations. Nevertheless, the implementation of this project will take a considerable amount of time due to the many components that must be prepared. It is stipulated in Article 1868 of the Indonesian Civil Code that an authentic deed is a legal document made before a public official and in a certain form stipulated by law.
Pemenuhan Hak Anak Sebagai Korban dalam Sistem Pengadilan Tindak Pidana Kekerasan Seksual Siahaan, Rahel; Tan, Winsherly; Febriani, Emiliya
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.v9i3.11362

Abstract

This study aims to analyze the effectiveness of fulfilling children's rights in the judicial system of sexual violence crimes in Batam City, as well as to identify the challenges and realities faced during its implementation. The research method used is an empirical juridical approach, with data collected through in-depth interviews with law enforcement officials, including investigators and police in Batam City. The findings reveal that although comprehensive regulations exist, their implementation remains suboptimal due to limited human resources, insufficient child-friendly facilities, and ineffective inter-agency coordination. These barriers hinder the protection and recovery of child victims of sexual violence. The study also highlights the importance of applying the principles of Best Interests of the Child and the Restorative Justice approach to create a more child-friendly judicial system. Therefore, improvements in law enforcement training, strengthening inter-agency coordination, and developing facilities to support the recovery of child victims of sexual violence are urgently needed.
Penerapan Kewajiban Notaris dalam Memberikan Pelayanan Hukum bagi Pihak Kurang Mampu Sectiona, Wiky; Hafidh, Muhammad
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.v9i2.11376

Abstract

In Indonesia, the Notary profession is a legal entity that has the authority to provide legal services according to the law. This authority is stated in Law of the Republic of Indonesia No. 2 of 2014 and No. 30 of 2004. However, notaries are not only responsible for providing legal services to the rich but also to the poor, in accordance with the principle of social justice. This study aims to analyze the application of notary law in providing legal services to the poor and to identify the challenges faced by notaries in their work. The research method used is Normative Jurisprudence or library legal research method, namely reviewing laws and regulations related to notary obligations, such as the Notary Law (UUJN), the Regulation of the Minister of Law and Human Rights, as well as the notary code of ethics and relevant case studies regarding notary obligations to provide legal services. The data obtained will be analyzed using a descriptive-qualitative method, namely by describing, interpreting and concluding the results of the study based on the data collected. The results show that although the obligation of notaries to provide legal services for the underprivileged has been regulated by law, its implementation still faces various obstacles. Strengthening of regulations, incentive systems, and better supervision are needed so that these services can truly be enjoyed by the people in need.

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