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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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Meneropong Efektivitas dan Efisiensi Kabinet Koalisi Merah Putih Terhadap Tata Kelola Pemerintahan Nurmala, Sheila Adi; Hadi, Candrika Pratisara
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.v9i4.11720

Abstract

This research explores the effectiveness and efficiency of the Red and White Coalition's Fat Cabinet under the leadership of President Prabowo Subianto, and its implications for state governance. Indonesia's presidential system, stipulated in the 1945 Constitution, gives the president the power to form a cabinet consisting of ministers appointed based on political considerations and competence. This research uses a qualitative method with a statutory and conceptual approach to analyze the structure and dynamics of the cabinet. The results show that although a fat cabinet has the potential to improve political stability and task specification, challenges such as inefficiency and coordination difficulties remain. Therefore, it is recommended that the Prabowo administration conduct periodic evaluations of ministry performance and increase transparency in decision-making to ensure policies that favor the public interest.
Implikasi Hukum Terhadap Notaris yang Melakukan Keterlambatan Pendaftaran Jaminan Fidusia dalam Sistem Administrasi Hukum Umum Sebagai Pemegang Jaminan Fidusia Haq, Sadida Amalia Izzatul; Aminah, Aminah
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.v9i4.11724

Abstract

One of the most important forms of collateral in Indonesia's financial sector is fiduciary security. When a debtor defaults on their payments, the civil law system gives creditors the authority to seize assets in order to get their money back. In order to guarantee that fiduciary certificates are legally legitimate, it is necessary to register them via the General Legal Administration System (AHU), as stated in Law Number 42 of 1999 on Fiduciary Security. On the other hand, notaries often cause delays in the registration procedure, which may impact creditors' rights and result in legal ramifications for the notaries themselves. The purpose of this research is to look at how the law protects creditors when notaries are late with registering fiduciary securities and what that means for their legal liability. The study examines applicable statutes, case law, and legal theories from a normative juridical perspective. According to the results, creditors risk having their preferred rights to the collateral object eroded and debtors' chances of abusing the fiduciary object increased if the registration process takes too long. Thus, in order to preserve creditors' legal rights, notaries must guarantee correct adherence to fiduciary registration processes.
Kedudukan Pengadilan Pajak dan Perbandingannya dengan Sengketa Tata Usaha Negara di Indonesia Jadidyah, Havida; Priyono, Agus
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.v9i4.11726

Abstract

The Tax Court is a special judicial institution authorized to handle tax disputes in Indonesia. Its position is under the Supreme Court in terms of judicial technical guidance, but administratively, organizationally, and financially it is under the Ministry of Finance. This study aims to examine the position of the Tax Court in the Indonesian judicial system and to compare the mechanisms for resolving tax disputes with State Administrative (TUN) disputes. This study uses a normative legal method with a statutory regulatory approach and a conceptual approach. The results of the study indicate that the Tax Court is part of the state administrative court environment, but has specific procedures and authorities. The striking difference between tax disputes and TUN disputes lies in the resolution mechanism. Tax disputes are quasi-judicial in nature and require an objection procedure to the Director General of Taxes before they can be submitted to the Tax Court. In contrast, TUN disputes can be submitted directly to the State Administrative Court without going through the administrative objection stage. In addition, the decision of the Tax Court is final and binding, while the PTUN decision can still be pursued for further legal action. This difference reflects the characteristics of each dispute, and emphasizes the strategic position of the Tax Court in providing justice and legal certainty for taxpayers. This study is expected to contribute to strengthening the understanding of academics, legal practitioners, and the public regarding effective and targeted tax dispute resolution mechanisms.
Perlindungan Hukum Bagi Istri yang Tidak Nafkahi Menurut UU No. 16 Tahun 2019 Kupang, Frisca Melati; Kasim, Nur Mohamad; Kamba, Sri Nanang Meiske
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.v9i3.11743

Abstract

Abstract This study aims to analyze the legal protection for a legitimate wife who does not receive maintenance within her marriage, specifically based on Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 on Marriage. This research uses an empirical legal research method with a juridical-sociological approach. The research questions addressed in this study are: first, how is the legal protection for the legitimate wife’s right to maintenance in her marriage according to Law No. 16 of 2019, and second, what are the factors causing the failure to fulfill the wife’s maintenance rights within her marriage in Tombolango Village? Data was collected through interviews with relevant parties in the Tombolango Village community and by reviewing regulations such as the Marriage Law, the Law on the Elimination of Domestic Violence (PKDRT), and the Compilation of Islamic Law (KHI). The study found that although the law provides protection for the wife's right to maintenance, in practice, there are socio-economic and cultural factors that hinder the fulfillment of this right in Tombolango Village. Therefore, efforts to raise legal awareness in the community and increased oversight from authorities are necessary to protect women's rights in marriage.
Fan Culture dan Batasan Hukum: Analisis Tindakan Sasaeng Fans dalam Perspektif Hukum Pidana Anggraeni, Hari Sri; Tohari, Mohamad; Susilowati, Tri
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.v9i3.11752

Abstract

The phenomenon of sasaeng fans in the K-pop industry has become a serious issue that threatens the privacy and security of idols. Behaviors such as stalking, spreading personal information, and even physical threats are common actions of sasaeng fans, which are often difficult to address legally. This study analyzes sasaeng fans' behavior from the perspective of South Korean criminal law, focusing on case studies of BTS and NCT. The research employs a normative and empirical juridical approach, utilizing legal regulations, court decisions, news reports, and relevant case documentation as data sources. The findings reveal that although South Korea has implemented the Stalking Punishment Act and other regulations, their enforcement faces several challenges, including difficulties in proving intent, relatively lenient penalties, and idols’ reliance on agencies to report cases. Therefore, stricter policy revisions, active agency involvement in reporting violations, and fan education on ethical boundaries in idol support are necessary. The results of the study show that although South Korea has enacted the Stalking Punishment Act and other regulations related to the protection of public figures, its implementation still faces significant obstacles. The original findings in this study indicate that one of the roots of the problem is not merely the legal vacuum, but rather the gap between the existence of the law and legal awareness of both victims and law enforcement officers. In addition, the results of this study also reveal that the sanctions imposed on sasaeng perpetrators tend to be light and do not have a deterrent effect, so that the practice of violating privacy against idols remains widespread.
Perlindungan Hukum bagi Tenaga Medis dan Tenaga Kesehatan dalam Undang-Undang Nomor 17 Tahun 2023 tentang Kesehatan Prayuti, Yuyut; Kusumah, Yuda; Abidin, Zaenal
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.v9i2.11760

Abstract

The current position of patients, which can be said to be equal to healthcare professionals, makes healthcare providers unable to ignore regulations that may conflict with criminal, civil, and administrative law. In cases of malpractice, patients can directly report and demand accountability. The problem in this research is that healthcare providers, healthcare professionals, and medical personnel can face legal consequences if proven to have provided healthcare services that do not comply with existing Professional Standards and Standard Operating Procedures. This research uses a normative juridical research method, relying on primary data sources in the form of laws and regulations related to the problem, namely Law No. 17 of 2023 concerning Health, Law No. 36 of 2014 concerning Health Workers, and Law No. 44 of 2009 concerning Hospitals. Secondary data sources include books, professional codes of ethics, law journals, theses, and dissertations that provide guidance and explanations regarding primary data sources. In Law Number 17 of 2023 concerning Health, Article 273 provides legal protection for healthcare professionals and medical personnel who perform medical actions in healthcare services as long as they comply with professional standards, professional service standards, Standards operational procedure, and professional ethics. It also seeks to resolve disputes resulting from negligence outside of court. This research is limited to a normative legal analysis, focusing on laws and regulations without empirical validation from case studies or direct interviews with affected professionals and patients. The study also does not explore international comparative law, which may provide broader insights into malpractice accountability.
Analisis Yuridis terhadap Notaris yang Berkewajiban Amanah Menurut Pasal 16 Udang-Undang no. 2 Tahun 2014 tentang Jabatan Notaris Nugraha, Naufal Aji; Silviana, Ana
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.v9i3.11765

Abstract

A notary is a public official appointed by the state to carry out part of the public authority, especially in making authentic deeds that have legal force. The role of a notary must comply with various legal provisions stipulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary (Notary Position Law). One of the main obligations that must be carried out by a notary is to act in a trustworthy manner, as stipulated in Article 16 Paragraph (1) Letter a of the Notary Position Law. In Islam, the principle of trustworthiness has a position as one of the basic values that must be applied in community and state life. Trustworthiness is a commendable trait recommended by the Qur'an and Hadith. The obligation of a notary to act in a trustworthy manner as stipulated in the Notary Position Law has strong relevance to the teachings of Islamic law. A study of the obligation of a notary to act in a trustworthy manner according to Article 16 Paragraph (1) Letter a of the Notary Position Law, when viewed from the perspective of Islamic law, is important to provide a more comprehensive understanding of the relationship between positive law and Islamic values. This study aims to analyze the obligation of notaries to act in a trustworthy manner, identify its relevance to the principle of trustworthiness in Islamic law, and examine the law of violations of this obligation.
Pembatasan Hak Ekslusif terhadap Penggunaan Kata Umum dalam Sebuah Merek Sanjaya, Aqila Herdiyanto; Silalahi, Wilma
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.v9i2.11773

Abstract

Technological advances drive the importance of brands as trade identities. Based on Law No. 20 of 2016, brands with generic words are prohibited, but the lack of clarity in the rules creates legal uncertainty. This study examines the legal issue and evaluates the regulations to support fair trademark law in Indonesia. This study applies a normative legal approach method with analytical descriptive research specifications. This approach aims to explain and describe the events that are the focus of the study, which are then analyzed by referring to primary, secondary, and tertiary legal materials. The results of this study are the Restriction of exclusive rights to generic words in brands, as regulated in Article 16 letter f of the Permenkumham Merek 12/2021, preventing monopoly of widely known terms to protect the public interest and support business competition. However, the lack of a clear classification in Law No. 20 of 2016 creates the potential for legal conflicts. Distinctive power remains a key element, which can be obtained through fantasy words, generic words unrelated to the product, or secondary meanings. Clearer guidelines and evaluation of the mechanism of distinctive power are needed for fair and effective application of the law.
Kewenangan dan Tanggung Jawab PPAT dalam Proses Pembebasahan Tanah untuk Kepentingan Umum Putri, Deviana; Silviana, Ana
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.v9i3.11784

Abstract

The land acquisition process requires the involvement of various parties, one of which is the Land Deed Making Officer (PPAT). PPAT has an important role in ensuring the validity of land administration through the creation of authentic deeds, such as deeds of sale and purchase, deeds of gift, and deeds of release of rights. In the context of land acquisition for public interest, the authority and responsibility of PPAT are very crucial in ensuring legal certainty for all parties involved. This study aims to find out and understand the authority of PPAT in the process of land acquisition for public interest and to analyze the legal responsibility of PPAT in making words related to land acquisition. The type of research used in this thesis is normative legal research, namely research that focuses on the study of laws and regulations, legal doctrine, legal principles, and relevant literature. This study is used to analyze the authority and responsibility of PPAT as regulated in the positive legal system in Indonesia, especially in the context of land acquisition for public interest. The results show that the PPAT's authority in land acquisition for public interest is to make authentic deeds related to the transfer of land rights, such as deeds of sale and purchase, deeds of release of rights, and deeds of gift. This authority is administrative in nature and does not include the assessment of compensation or determination of land acquisition policies and the legal responsibilities of the PPAT include ensuring the validity of documents and the identities of the parties, as well as ensuring that the transferred land is not in dispute. PPAT's negligence can have legal consequences, both administrative, civil, and criminal.
Implikasi Pemutusan Hubungan Kerja Sepihak Bagi Hak Pekerja Pasca UU Cipta Kerja Tanera, Lauren; Gunadi, Ariawan
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.v9i4.11838

Abstract

Unilateral termination of employment is a labor issue that has the potential to cause significant economic and welfare impacts on workers. The act of terminating employment without a clear legal basis and without fulfilling workers' rights contradicts the principle of fairness in the industrial sector. This study aims to examine the legal protection aspects for workers who experience termination without mutual agreement and to analyze the role of the government in addressing this issue. This research employs a normative approach by analyzing applicable legal provisions, including legislation and court decisions. Based on Article 28D (2) of the 1945 Constitution of the Republic of Indonesia and Article 81, point 47 of the Omnibus Law, which revises Article 156(1) of the Manpower Law, workers who experience termination of employment are entitled to compensation in the form of severance pay, long-service appreciation pay, and compensation for other entitlements. Additionally, the government plays a key role as a policymaker and mediator in labor dispute resolution. Although regulations provide a legal foundation for protecting workers' rights, cases of unfair termination continue to occur due to weak enforcement and limited worker awareness of their rights. Therefore, concrete measures are necessary to strengthen law enforcement, enhance oversight of labor regulation implementation, and optimize the government's role in ensuring the protection of workers' rights.

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