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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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Penggunaan Alat Bukti Sekunder dalam Menjatuhkan Tuntutan Pidana Berdasarkan Asas Kepastian Hukum Gusriana, Fahmi; Batubara, Gialdah Tapiansari
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.v9i4.11966

Abstract

The use of circumstantial evidence in criminal cases has raised legal debate. Judges in some cases consider circumstantial evidence because there were no eyewitnesses who saw the criminal event directly. This is contrary to the Criminal Code which limits valid evidence in Indonesian criminal procedure law. The use of circumstantial evidence that is not regulated in the Criminal Code has the potential to cause normative conflicts, legal uncertainty, and violations of human rights. It is necessary to examine the criteria for circumstantial evidence that is permitted in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty, as well as the legal consequences of using circumstantial evidence in imposing criminal charges based on the principle of legal certainty using normative legal research methods with a statutory approach and case studies. The results show that the criteria for circumstantial evidence that is justified in the Indonesian criminal procedure law system and has a legal standing in line with the principle of legal certainty is when the use of circumstantial evidence is prioritized for proving cases where there are no eyewitnesses who saw it directly, its use must be complementary, cannot stand alone (not used as the sole basis for imposing a criminal sentence), its use must meet the elements of accountability, relevance, authenticity, validity, proportionality, not violating human rights, used as complementary evidence that supports the proof and used as part of the consideration of proof, especially in the form of instructions or letters to strengthen the judge's conviction. The legal consequences of the use of circumstantial evidence in imposing criminal charges based on the principle of legal certainty remain normatively legal. As long as the use of circumstantial evidence is in accordance with its position, its use remains in line with the principle of legal certainty as one of the fundamental principles in the Indonesian legal system.
Penegakan Hukum Terhadap Penangkapan Ikan Secara Ilegal oleh Kapal Asing Ritonga, Alvina Hardiyanti; Marpaung, Zaid Alfauza
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.v9i4.12009

Abstract

This study examines law enforcement efforts against illegal fishing practices by foreign vessels in the waters of Belawan, North Sumatra, a strategic area bordering the Malacca Strait and vulnerable to transnational crimes. The primary focus of this research is to analyze the law enforcement model applied in the Belawan maritime area, identify structural and legal obstacles encountered, and evaluate the effectiveness of the approaches used by law enforcement agencies. This study employs a qualitative approach, with data collection techniques including document analysis, field observations, and interviews with relevant stakeholders. Data analysis techniques consist of data reduction, data display, and inductive conclusion drawing. The research findings reveal that the law enforcement model in the Belawan area combines both preventive and repressive measures, involving coordination among institutions such as the Ministry of Marine Affairs and Fisheries (MMAF), the Marine and Fisheries Resources Surveillance (PSDKP), the Indonesian Navy, and community-based surveillance groups (Pokmaswas). A declining trend in the number of apprehended foreign fishing vessels in recent years indicates a degree of success in enforcement. The originality of this study lies in its specific identification of institutional obstacles, such as overlapping authority, limited patrol resources, and the lack of harmonization in maritime legal regulations. Therefore, the study recommends stronger institutional integration, modernization of maritime surveillance technologies, and harmonization of legal frameworks as strategic measures to enhance the effectiveness of law enforcement in Belawan waters and surrounding areas.
Pemberian WIUPK kepada Organisasi Kemasyarakatan Keagamaan: Analisis terhadap UU Minerba dan PP Nomor 25 Tahun 2024 Hasibuan, Amanda Syafani Al Ikhsan; Nasution, Iwan
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.v9i4.12025

Abstract

This study This study aims to examine the relationship between the provisions of Law Number 3 of 2020 concerning Mineral and Coal Mining (Minerba Law) and Government Regulation Number 25 of 2024, specifically regarding the mechanism for granting Special Mining Business Permit Areas (WIUPK) to religious-based community organizations. The Minerba Law explicitly prioritizes granting IUPK to State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD), while private businesses can only obtain IUPK through an auction process. However, Article 83A of Government Regulation Number 25 of 2024 gives priority to business entities owned by religious organizations without an auction mechanism, even though legally these businesses are still classified as private businesses in accordance with the provisions of the Limited Liability Company Law. This provision creates regulatory disharmony that has the potential to create legal uncertainty and inequality in mining governance. This study uses a normative legal method with a statutory and conceptual approach. Preliminary findings indicate that Government Regulation No. 25 of 2024 violates the principle of lex superior derogat legi inferiori, which states that lower-level regulations must not deviate from higher-level regulations in the national legal hierarchy. Therefore, a revision of the Mineral and Coal Mining Law is needed to provide a clear and consistent legal basis, as well as strengthening the oversight system for community-owned business entities to ensure transparent, accountable, and sustainable governance practices in accordance with good governance.
Keabsahan Hukum Perjanjian Jual Beli melalui Whatsapp Bisnis berdasarkan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen Alfatunisah, Alfatunisah; Sativa, Annisa
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.v9i4.12137

Abstract

The rise of digital technology has driven business actors to use WhatsApp Business as a platform for buying and selling transactions, which in turn increases the risk of breach of contract (wanprestasi) against consumers. This study aims to identify the causes of business actors' breach of contract through WhatsApp Business, analyze legal protection for consumers based on Law Number 8 of 1999 on Consumer Protection (UUPK), and evaluate the application of legal sanctions against business actors who commit breaches. The research uses a normative juridical approach, relying on statutory regulations, legal principles, and relevant literature, along with document-based analysis. The findings show that agreements made through WhatsApp can be legally binding if they meet the valid elements of a contract as stipulated in the Indonesian Civil Code (KUHPerdata). Consumers who suffer losses are entitled to protection and compensation in accordance with Article 19 of the UUPK, and business actors can be subjected to civil, administrative, or criminal sanctions if proven to have committed a breach. Transactions via WhatsApp Business fall within the scope of formal legal protection, and electronic evidence such as chats and payment proofs are legally admissible in court as guaranteed by the Electronic Information and Transactions Law (ITE Law).
Perlindungan Hukum Terhadap Konsumen Apartemen Paragon Square Akibat Wanprestasi Kusumawati, Marissa; Zamroni, M.; Romadhon, Ahmad Heru
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.v9i4.12156

Abstract

Apartments are included in the Commercial Apartment category as regulated in Article 1 number 10 of Law Number 20 of 2011 concerning Apartments (UURS), which are organized for commercial purposes to gain profit. In practice, developers as business actors often conduct promotions by offering various facilities and advantages of apartment units to consumers. However, it is not uncommon for the promised facilities to be not fulfilled, or the units are not handed over on time as stated in the Sales and Purchase Agreement (PPJB), resulting in default. This study aims to analyze the forms of default committed by developers in the delivery of apartment units and examine the form of legal protection for consumers who are harmed. The research method used is normative juridical with a statutory approach and literature study. The results of the study indicate that defaults committed by developers cause material losses and legal uncertainty for consumers, and place consumers in a weaker legal position in sales and purchase transactions. Legal protection for consumers should be sought through fair and balanced agreements, but in reality the PPJB has not provided adequate legal certainty. In the event of a default, consumers have the right to demand compensation as regulated in Articles 1238, 1243, and 1249 of the Civil Code, and can seek dispute resolution as regulated in Article 105 of the UURS through litigation in court.
Penerapan Keadilan Restoratif dalam Penyelesaian Tindak Pidana Kekerasan dalam Rumah Tangga di Wilayah Hukum Polrestabes Medan Tahun 2022 - 2024 Fitri, Desi Ira Ari; Nasution, Rasina Padeni
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.v9i4.12176

Abstract

Criminal case settlement can be done in two ways, namely litigation (through the trial process in court) and Non-litigation (outside the court). The non-litigating method is currently known as Restorative Justice. Restorative Justice can be applied in minor crimes including Domestic Violence (KDRT). In response to the large number of domestic violence cases reported in the jurisdiction of the Medan Police, Restorative Justice was applied as an effort to resolve the crime of domestic violence. Based on Perpol No. 8 of 2021, the police have a significant role in applying the principles of Restorative Justice in resolving domestic violence cases. This study aims to examine the application of Restorative Justice in the resolution of domestic violence crimes as well as the challenges and obstacles experienced by the Medan Police Department. The type of research used is empirical juridical research and uses a case approach. The data source in this study is the primary data source obtained from the field by interviewing the Medan Police Department, then the data analysis technique used is qualitative analysis. The result of this study is that the Medan Police apply the principle of restorative justice in resolving domestic violence cases by facilitating dialogue between the perpetrator and the victim in a professional, neutral manner and ensuring that the victim does not experience intimidation and feel pressured by ensuring that the victim can voice what he feels and what impact he experiences as a result of the violence committed by the perpetrator. The victim is compensated for the losses he has suffered. In implementing restorative justice, the Medan Police did not find any challenges, but there were obstacles experienced by the police, namely incitement from other parties such as family and others, thus hindering the implementation of restorative justice.
Perlindungan Hukum Peserta Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan dalam Pelayanan Kesehatan Putri, Gustina Tri Lestari; Khalid, Khalid
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.v9i4.12187

Abstract

This study aims to analyze the form of legal protection provided to patients holding BPJS Health cards in Medan City, as well as to examine the responsibility of BPJS Health towards participants who experience suboptimal healthcare services. Issues regarding the quality of healthcare services received by BPJS participants have become an important matter as they concern the fulfillment of basic rights to health. This research employs a normative juridical method with a statutory approach, and utilizes data collection techniques in the form of literature study and interviews with related parties, with the data analysis technique used being qualitative analysis, which involves examining and interpreting data based on applicable legal provisions, as well as connecting it with interview results obtained in the field to gain a comprehensive understanding of the implementation of legal protection. Based on the research findings, it is known that legal protection for patients holding BPJS Health cards in Medan City has been implemented in accordance with applicable laws and regulations. This legal protection is divided into two forms: Preventive protection is implemented through education, information dissemination, and ease of access in submitting complaints. Meanwhile, repressive protection is provided through dispute resolution mechanisms both through non-litigation (mediation) and litigation (court) processes. In addition, the responsibility of BPJS Health Medan branch towards participants who experience disappointment, dissatisfaction, and those who do not receive their rights related to healthcare services is manifested in the form of swift and fair actions in accordance with operational standards and applicable legal provisions. The results of this study indicate that although there are several obstacles in practice, generally the implementation of legal protection for BPJS participants in Medan City has been running and provides a foundation of protection for BPJS Health participants.
Penerapan Klausul Non-Refundable Tiket Penerbangan Haji Terhadap Konsumen yang Menderita Kerugian Pitang, Govara Remeina; Sudiro, Amad
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12588

Abstract

The development of the aviation industry, particularly in the implementation of the Hajj pilgrimage, encourages airlines to implement various clauses in transportation agreements, one of which is the non-refundable clause. The problem faced is how to provide legal protection for those who suffer losses due to the implementation of non-refundable clauses in flight tickets. The type of research used is normative juridical legal research. The results of the study indicate that non-refundable clauses in air transportation agreements are problematic. Non-refundable clauses in flight tickets are standard clauses that have the potential to harm consumers because they eliminate the right to a refund. Decision Number: 310/Pdt.G/2023/PN Jkt.Brt emphasizes that legal protection for consumers can be realized in court through an assessment of the validity of the clause, in order to create a balance of rights between business actors and consumers.
Pengungkapan Rahasia Bank (Bank Secrecy) Terhadap Pelaku Tindak Pidana Perbankan Hutabarat, Rugun Romaida; Putri, Amanda Fitriani Eka; Syamila, Najma; Michellena; Puspita, Salsabillah Ayu
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 5 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i5.12587

Abstract

The banking sector is a crucial tool for driving the Indonesian economy, maintaining balance, progress, and unity within the national economy. Naturally, the banking sector requires regulations and elements that play a crucial role in optimal economic operation. Indonesia, a country governed by the rule of law, naturally has regulations regarding banking in its implementation. Banks, as financial service institutions, are expected to maintain the trust of the public who invest their funds in them, as stipulated in banking law. The principle of bank secrecy requires banks to maintain the confidentiality of their deposits and to help protect the interests of individual customers as a guarantee for the public who will place their trust in the bank and can entrust their funds to it. The strong commitment of banks to maintaining bank secrecy as financial service providers, coupled with the development and advancement of science and technology, has given rise to a problem where banks are often used as venues for criminal acts. In the process of resolving banking crimes, many parties, such as banks, play a significant role in assisting in resolving the problem. However, in practice, the process of resolving the problem remains incomplete due to a legal vacuum in disclosing bank secrecy to perpetrators of banking crimes. Referring to the research results, Singapore is included in the category of countries with a fairly high level of bank secrecy and has special banking regulations to help resolve banking crimes specifically, making it a comparison in this research analysis.
Analisis Penegakan Hukum Pidana dalam Menangani Ujaran Kebencian Berbasis SARA di Platform Media Sosial Arianto, Deni; Rindiani, Anis; Yuliana, Sri
Legal Standing : Jurnal Ilmu Hukum Vol. 10 No. 1 (2026): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v10i1.12589

Abstract

This research examines the application of legal provisions related to religious-based hate speech in social media, focusing on the provocation cases that occurred during Pope visit to Indonesia in September 2024. The case involved the arrest of seven individuals, including a civil servant, suspected of making provocations such as bomb threats and church burning incitements on various social media platforms. Using a juridical-empirical approach, this research analyzes the application of the Electronic Information and Transaction Law, Anti-Terrorism Law, and related regulations in the law enforcement process. Data collection methods included interviews with law enforcement officials, legal document analysis, and case studies. The findings reveal that while Indonesia's legal framework is relatively comprehensive in regulating hate speech, its implementation still faces challenges related to the interpretation of free speech boundaries, coordination among law enforcement agencies, and technical capacity in cybercrime investigations. This research recommends strengthening law enforcement capacity, enhancing digital literacy among citizens, and harmonizing regulations regarding hate speech and online extremism to create more effective law enforcement while respecting human rights principles.

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