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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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Pelaksanaan Hak Tanggungan Secara Elektronik dengan Jaminan Sertipikat Tanah Marisa, Marisa; Aminah, Aminah
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.v9i3.11377

Abstract

Technological advances have had a significant impact on various aspects of life, including law and public administration. One important aspect is the implementation of taxation, which is a strategic strategy with high economic value and is considered an important object in economic activities. The Indonesian government has implemented an Electronic Tax Service (HT-el) system to improve efficiency, transparency, and accountability in tax administration. HT-el covers various tax-related processes, such as tax collection, creditor changes, and tax collection audits, which can be carried out electronically through an online platform. Digitalization offers many benefits, such as faster processing times, increased efficiency, and reduced long-term interconnections that prevent corruption. However, the implementation of HT-el also presents challenges that cannot be ignored. These include technological infrastructure, human resource management, and electronic data knowledge. The implementation of HT-el requires comprehensive legal services, including electronic document handling, personal data protection, and legal compliance for affected parties. One of the challenges faced in the implementation of HT-el is the relationship between creditors and debtors, which can be affected by differences in data in the electronic tax system. Debtors may believe that digital data is incompatible with the old tax system, thus creating the risk of inaccurate data input or lack of clear communication mechanisms. The implementation of HT-el also involves exploring various aspects of technology in the process, analyzing its impact on taxation, and providing recommendations for developing a better system during the data collection period. This study aims to contribute to understanding the digitalization of the tax law system and addressing the various challenges faced in its implementation.
Mekanisme Pelaksanaan Restitusi Terhadap Korban Kekerasan Seksual (Studi Komparatif Hukum di Indonesia dan Thailand) Azzahra, Jazmine; Lubis, Muhammad Teguh Syuhada
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.v9i1.11387

Abstract

Sexual harassment constitutes a form of sexual violence that significantly impacts victims, including psychological, physical, and economic aspects. The mechanism of restitution as a means of restoring the rights of victims has been established through various legal provisions in Indonesia, namely Law Number 12 of 2022 on Sexual Violence Crimes (UU TPKS). Meanwhile, Thailand also regulates restitution mechanisms as a form of victim recovery as outlined in the Child Protection Act of 2546 (2003). However, the implementation of restitution often faces various obstacles, including technical and legal issues. This study aims to examine the mechanisms for implementing restitution for victims of sexual harassment in Indonesia and Thailand, identify emerging obstacles, and present structured proposals for its successful application. Based on normative legal reviews, the study reveals that although regulations are in place, their implementation remains suboptimal due to the lack of inter-agency coordination, limited public legal awareness, and the complexity of calculating compensation for victims. The findings on restitution provisions for sexual harassment victims in Indonesia are regulated through several legal instruments, including Law No. 31 of 2014 in conjunction with Law No. 13 of 2006 on the Witness and Victim Protection Agency, Law No. 12 of 2022 on Sexual Violence Crimes, and Government Regulation No. 35 of 2020 in conjunction with Government Regulation No. 7 of 2018 on Compensation, Restitution, and Assistance for Witnesses and Victims.
Disparitas Putusan Hakim dalam Kasus Kekerasan Seksual oleh Pelaku Anak Ali, Nurul Fatwa; Sunariyo, Sunariyo; Alhadi, Muhammad Nurcholis
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.v9i4.11418

Abstract

Crimes against children are increasingly occurring, especially sexual violence that does not only recognize place and time, but also does not recognize who will be the perpetrator and victim. For example, the child perpetrator in Decision Number 27/Pid.Sus-Anak/2023/PN Smr and Decision Number 12/Pid.Sus-Anak/2024/PN Smr. The difference in punishment (criminal disparity) seen in both decisions can create a bad stigma in the eyes of the victim and the community, especially since both perpetrators committed crimes with a similar level of seriousness. This study aims to analyze the disparity that occurs between the two verdicts and analyze the judge's consideration in sentencing child offenders. This research uses a normative juridical method with qualitative analysis, and relates the theory of justice and juvenile punishment. The results of this study indicate that the disparity in punishment given is due to differences in the legal basis used so that the final punishment given in the two decisions is also different. This can be influenced by the different views of judges who, in making their decisions, are not only derived from juridical considerations but also non-juridical considerations.
Fiqh Siyasah terhadap Implementasi Pasal 87 UU BUMDes: Optimalisasi Ekonomi Desa Sadar Sriwijaya Kanaya, Aulia Najwa; Firdawaty, Linda; Santoso, Rudi
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.v9i1.11421

Abstract

BUMDes as a source of Village Original Income is a business entity managed by a group of people who are entrusted by the Village Council to improve the village economy and explore its potential systematically for mutual benefit. Village-Owned Business Entities aim to optimize the economy of village residents by building villages and business entities. The purpose of this research is to identify how Article 87 of the BUMDes Law can be utilized to optimize the village economy. The formulation of the problem in this research is the position of the Sadar Sriwijaya Village Government in implementing Article 87 of the BUMDes Law to optimize the village economy, and the use of Fiqh Siyasah analysis in this regard. This research uses a qualitative descriptive method in the field, with information collection through observation, interviews, and recording. Based on the results of the study, the economy of Sadar Sriwijaya Village has been running well, but has not been running optimally due to limited business capital and less than optimal dependence on PAD. In other words, there has been no business development cooperation between BUMDes and villagers.
Perlindungan Pendapatan Daerah dari Pembayar Pajak Kendaraan yang Mangkir Perspektif Maqashid Syariah Ningrum, Dewa Alyu Sastra; Zulham, Zulham
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.v9i2.11488

Abstract

This study aims to determine the protection of Regional Income from vehicle taxpayers who are absent from the perspective of Maqashid Syariah at the SAMSAT Office. Motor vehicle tax is a fairly large source of income, but some people are still not compliant with tax payments, so that vehicle owners' tax compliance is not optimal. In implementing the Regional Regulation of North Sumatra Province Number 6 of 2018 concerning Regional Taxes, it is also necessary to establish guidelines and procedures for collecting motor vehicle taxes as stated in the Regulation of the Governor of North Sumatra Number 12 of 2019. This study aims to determine the potential income of the Binjai City Government from vehicle taxpayers who are absent, the impact of motor vehicle taxpayers who are absent, and the protection of Regional Income from vehicle taxpayers who are absent when viewed from the perspective of Maqashid Syariah. This type of research is empirical legal research with a statute approach and living case studies. From the perspective of Maqashid Syariah, efforts to protect Regional Income related to motor vehicle taxpayers are the application of the Maqashid Syariah principle, so it is mandatory to protect Regional Income and comply with the payment of motor vehicle taxes.
Kesadaran Hukum Pelaku Usaha UMKM terhadap Pembayaran Pajak Air Permukaan Perspektif Maqashid Syariah Sibagariang, Maya Sari; Rokan, Mustapa Khamal
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.v9i1.11490

Abstract

Tax is the main source of state revenue that is vital to finance public needs and national development. However, the low awareness of taxpayers, including business actors, in paying surface water tax (PAP) causes losses to the national, provincial, and regional treasury. This study aims to analyze the factors that influence business actors not to pay PAP and evaluate their legal awareness through the perspective of Maqashid Syariah. The research method used is empirical law with a quantitative approach. The results of the study indicate that there are four main factors that influence business actors' non-compliance in paying PAP, namely: (1) lack of socialization and understanding of tax obligations, (2) economic problems and high cost burdens, (3) weak law enforcement, and (4) low awareness and legal education. From the perspective of Maqashid Syariah, the legal awareness of business actors in paying PAP must consider the principle of public interest (maslahah). Improvement efforts such as increasing socialization, reducing economic burdens, consistent law enforcement, and increasing legal education are strategic steps to achieve public welfare (al-maslahah al-ammah) and justice. This approach emphasizes the balance between individual rights and social responsibilities, in accordance with the principles of Maqashid Syariah which aims to safeguard public interest (hifz al-mal) and prevent harm (darar). This study provides an original contribution by integrating the perspective of Maqashid Syariah in the analysis of legal awareness of business actors, which has not been widely explored in previous literature. However, this study has limitations, namely the geographical scope is limited to one region, so the findings may not be widely generalized. Recommendations for further research are to expand the scope of the region and involve more variables to deepen the analysis.
Peran Mediasi dalam Penyelesaian Sengketa Perjanjian Kontrak Bisnis di Indonesia Simarmata, Boy Gabriel Yohanes; Sinaga, Irene Putri Alfani Sofia
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.v9i3.11493

Abstract

Business contract disputes are common issues in the business world, arising from either breaches of agreements or differing interpretations of contract terms. Dispute resolution through litigation often takes a long time, incurs high costs, and has the potential to damage established business relationships. This study aims to analyze the role of mediation in resolving business contract disputes in Indonesia by highlighting its effectiveness, challenges, and opportunities for optimization within legal and practical contexts. This research employs a normative legal method with an analytical approach to relevant regulations, such as Supreme Court Regulation (Perma) No. 1 of 2016 on Mediation Procedures in Court, as well as legal doctrines and related literature. The findings indicate that mediation has great potential as a more efficient dispute resolution mechanism than litigation, as it is flexible, faster, and helps maintain business relationships between parties. However, its implementation still faces obstacles, including low awareness among business actors, a limited number of professional mediators, and a dominant litigation culture. The originality of this study lies in its comprehensive analysis of mediation implementation based on regulatory reviews and business practices in Indonesia, along with strategic recommendations to enhance its effectiveness. The study's limitations include constraints in empirical data collection, as it primarily adopts a normative approach. Therefore, further research based on case studies or interviews with legal practitioners and professional mediators is recommended to gain deeper insights into the practical effectiveness of mediation. To address existing challenges, efforts are needed to promote mediation awareness, improve mediator competencies, and strengthen regulations supporting out-of-court mediation.
Sanski Hukum Bagi Pelaku Hiperseks yang Mengakibatkan Kekerasan Dalam Rumah Tangga (KDRT) Yasmin, Aliya; Lubis, Syaddan Dintara
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.v9i2.11500

Abstract

Sexual urges that are very strong and challenging to control are reflected in hypersexuality, which can result in coercion, pressure, or even violent behavior. It can be difficult to recognize and address incidents of domestic violence involving hypersexual behavior. Because sociological juridical normative legal studies explore the meaning of hypersex, hypersexual variables, related cases, and hypersex, these findings help in building legal arguments. The hope is to maintain the welfare of every family member and build a family atmosphere free from sexual violence. Legal writing is included in the category of sociological jurisprudential normative legal research, trying to investigate legal penalties for those involved in hypersexual behavior that leads to sexual violence. Legal norms are the subject of the analysis of the internal perspective of this legal method. Legislation relating to the crime of sexual violence is secondary data referred to by this study. The findings of this study indicate that the elements of punishment for perpetrators of hypersex based on criminal law are a single/imperative formulation system, an alternative formulation system, and a cumulative formulation system. While based on Islamic criminal law, ta'zir punishment is a sanction that can be given to those who commit violations including sexual violence. In addition, the type of ta'zir punishment also differs depending on the choice of the government judge or ulul amri based on ijtihad.
Analisis Putusan Pengadilan Tata Usaha Negara No. 118/g/2023/PTUN.MDN terhadap Sertifikat Hak Guna Usaha Perspektif Siyasah Qada’iyyah Rambe, Noni; Khalid, Khalid
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.v9i2.11505

Abstract

Land disputes are complex legal issues that often trigger conflicts in Indonesia. Unclear administrative procedures, lack of legal certainty, and potential violations in the issuance of land certificates by the National Land Agency (NLA) often prolong disputes. This raises questions about the extent to which the judicial system can provide legal certainty and justice to the parties involved in the dispute. This study aims to examine the decision of the Medan PTUN Number 118/G/2023/PTUN.MDN regarding the dispute over the issuance of the Land Use Rights Certificate (LUR) between Abdullah Hasibuan and PT. Nubika Jaya. This study analyzes the judge's considerations in making the decision and reviews its compliance with the principles of fiqh siyasah, especially siyasah qada'iyyah. This study uses normative legal research methods with a statutory, analytical, and case approach. The results of the study indicate that the court considered that the certificate issued by the National Land Agency (NLA) was in accordance with applicable legal procedures, and no administrative legal defects were found.  This decision shows that in resolving land disputes, the principle of legal certainty and protection of legitimate rights holders is the main priority. Meanwhile, from the perspective of fiqh siyasah, especially siyasah qada'iyyah, this decision is consistent with the principles of justice ('adl) and legal certainty (istiqrar al-hukm). Although there are differences in the interpretation of the principles of good governance, justice in Islamic courts must consider the interests of all parties involved, including those who feel disadvantaged by administrative decisions.
Nafkah Iddah Bagi Perempuan Pasca Perceraian dalam Perundang-Undangan Rosyida, Ryvina Izza; Maulidiyah, Dwi Faizah; Suherlan, Windy Amanda Siwi
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.v9i2.11506

Abstract

Divorce has various legal consequences, one of which is the obligation to provide iddah maintenance for the ex-wife. Iddah maintenance is the right of divorced women during the iddah period as a form of welfare guarantee after divorce. This study aims to examine the legal provisions related to iddah maintenance in Indonesian legislation, including the Marriage Law, the Compilation of Islamic Law, and court decisions. This study is a qualitative study with a normative legal approach. Women's rights to obtain iddah maintenance after divorce are regulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. The provisions for iddah maintenance are distinguished based on the type of divorce, namely talak raj’i and talak ba’in. In talak raj’i, women have the right to receive iddah maintenance because they are still in the waiting period to remarry. Meanwhile, in talak ba’in, both in the Compilation of Islamic Law and the Law, there are no provisions that clearly regulate iddah maintenance, so women who experience talak ba’in are not automatically entitled to receive it. However, several regulations such as PERMA No. 3 of 2017 provides an affirmation regarding this matter. This study uses a normative legal approach to look at the legal provisions related to iddah maintenance, which still require clarity in protecting women.

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