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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice Acitya Wisesa: Journal of Multidisciplinary Research
Rijadi, Prof. Dr. Prasetijo
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Agriculture, Biological Sciences & Forestry Civil Engineering, Building, Construction & Architecture Computer Science & IT Environmental Science Law, Crime, Criminology & Criminal Justice Physics

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ENVIRONMENT CIVIL LAW ENFORCEMENT Widiyanto, Indra; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.361

Abstract

Environmental pollution is a complex problem with both short-term and long-term risks. Regulations that regulate natural resource utilisation activities serve as preventive and repressive steps for environmental issues. Environmental law is a form of government concern for complex environmental problems, through law enforcement that can be pursued through administrative, criminal, and civil law. Therefore, this research aims to find out and understand environmental law enforcement efforts through legal aspects. This research type is normative legal research. In normative legal research using statutory, conceptual, historical, and comparative approaches. In supporting this research, 2 sources of legal materials are used, such as (1) primary legal sources, which consist of parliamentary legislation, subordinate legislation, judicial decisions and reported tribunals; (2) secondary legal sources, such as all legal literature that is not a formal memorandum of law (encyclopaedias, case summaries, textbooks, journals, dictionaries, indexes and bibliographies). This research indicates that in the enforcement of civil environmental law, there are litigation and non litigation. In addition, the settlement of disputes can be conducted through condemnatory verdicts, declaration verdicts, and constitutief verdicts. In civil law, legal sanctions can be an obligation to fulfil achievements (obligations) associated with the requirements of obligations according to Article 1365 BW (Civil Code).
CONSPIRACY CRIME IN DRUG OFFENSES: DECISION STUDY NUMBER 277/PID.SUS/2022/PN.MJK Mas'oed, Wahyu Bagus Putra; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i2.549

Abstract

Drug-related conspiracy is an act committed by some individuals who cooperate or concur to conduct, assist, or support drug-related activities. These activities can include ordering, encouraging, facilitating, consulting, or becoming a member of a drug syndicate. All of this is regulated in Law No. 35/2009 on Drugs. This research aims to find out about the legal application by judges in the Mojokerto District Court and Surabaya High Court in drug conspiracy cases. The research method used is the normative method, which examines each element of the drug-related crime of class I methamphetamine. The results showed that the Mojokerto District Court and Surabaya High Court imposed sentences in accordance with Article 114 Paragraph (1) in appropriate with Article 132 Paragraph (1) of the Law No. 35/2009 on drugs. The conclusion of this research emphasizes the need for more assertive and comprehensive law enforcement in handling cases of drug-related criminal conspiracy. Recommendations are also provided to integrate efforts between law enforcement authorities and intensify preventive efforts through education and socialization of the dangers of narcotics.
REMISSION POLICY FOR CORRUPTION PERPETRATORS IN THE PERSPECTIVE OF JUSTICE Rijadi, Prof. Dr. Prasetijo; Sushanty, Vera Rimbawani; Ngaisah, Siti; Rafli, La Ode
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.685

Abstract

Corruption is recognized as an extraordinary crime that poses significant challenges to governance and justice systems. The remission policy for corruption perpetrators often raises concerns regarding its alignment with the principles of justice, as it can be perceived as undermining the severity of corruption offenses. This research addresses the critical question of how remission policies can coexist with the values of justice, particularly in the context of Indonesia's legal framework. The primary aim of this research is to explore the legal norms surrounding the remission policy for corruption perpetrators from a justice perspective. It seeks to analyze whether the existing policies uphold the principles of fairness and justice as articulated in the Indonesian Constitution and the state ideology of Pancasila. This research employs a normative legal research methodology, utilizing secondary data such as laws and legal theories. Two key approaches are applied: a statutory approach, which interprets legal norms within existing legislation, and a philosophical approach, which delves deeply into the theoretical underpinnings of justice. The findings indicate that while remission can be viewed as a human right and a potential reward for good behavior, its application must be strictly regulated to maintain public trust and uphold justice. The research emphasizes that remission policies should be grounded in solid legal foundations and should incorporate principles of community justice to ensure that they do not compromise the fight against corruption.
AIRLINE COMPANY LIABILITY FOR LUGGAGE IN LOST OR DAMAGED AIRLINE Sari, Ayunda Novita; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i2.101

Abstract

Since Indonesia has a diverse geological and territorial landscape, air transportation is preferred by certain community groups. This research study aims to examine legal protection for the loss or damage of passengers’ luggage on airplanes. The research employs a normative juridical approach, with data collected through a library study and analyzed qualitatively. As air transportation, particularly airplanes, continues to develop, many airline companies—both domestic and international—have experienced significant growth due to the increasing preference for air travel among Indonesians, as it is faster and more efficient. However, this growth must be accompanied by a high standard of service from airline companies, especially regarding baggage handling. In cases of lost baggage, lost baggage contents, or destruction of checked baggage, passengers are entitled to compensation of IDR 200,000 per kilogram, with a maximum of IDR 4,000,000 per passenger. Compensation for damaged checked baggage is determined based on the type, shape, and brand of the item.
THE IMPLEMENTATION OF PROPORTIONALITY PRINCIPLE IN COMMERCIAL CONTRACTS OF FRANCHISE SECTOR Amelia, Eva Ayu; Sholehuddin, Dr. M.; Rijadi, Prof. Dr. Prasetijo
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.738

Abstract

The principle of proportionality is an integral legal principle in ensuring the balance of rights and obligations in commercial agreements, including franchises. This research aims to examine the function and purpose of the principle of proportionality in a franchise contract and analyze its implementation in the process of forming and performing the contract. The research method used is normative juridical with a legislative approach and analysis of literature related to the principle of proportionality in contract law. The results show that the principle of proportionality has a significant role in preventing imbalances in rights and obligations between franchisors and franchisees. The implementation of this principle in franchise contracts also contributes to creating legal certainty and reducing the potential for disputes due to imbalances in the agreement. Therefore, the implementation of the principle of proportionality in franchise contracts not only protects the rights of both parties, but also ensures fairness in the implementation of commercial contracts in the franchise sector.
LAW ENFORCEMENT AGAINST DEFAMATION UNDER THE ELECTRONIC INFORMATION TECHNOLOGY LAW: A Case Study of Decision No. 658/Pid.Sus/2021/PN.Sby Amirullah, Muhammad Iqbal; Sholehuddin, Dr. M.; Rijadi, Prof. Dr. Prasetijo
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i4.739

Abstract

The ITE Law is considered as a strong legal basis to control social media and regulate information technology, as stipulated in Law No. 11/2008 and its amendment in Law No. 19/2016. This law applies to anyone, both at home and abroad, if their actions harm the interests of Indonesia. Consumer protection is an important aspect of the modern economy to ensure equitable and ethical practices in the marketplace. This research discusses the concept of consumer protection in the context of consumer rights in Indonesia and how such protection is applied in an ever-evolving market. The main focus of this research is how the ITE Law handles defamation from a legal perspective. Using a normative juridical approach, this research examines relevant legislation, legal literature, and court decisions. This research examines legislation, legal literature, and relevant court decisions. In practice, ITE Law often faces challenges, such as differences in interpretation of articles that have the potential to limit freedom of speech as well as debates over the line between criticism and defamation. The results indicate that even though the ITE Law provides a clear legal basis, its implementation is still a cause for controversy. A balance is needed between the protection of individual reputation and freedom of expression. Regulatory reform and increasing legal awareness in the community are important steps to ensure a fairer and more effective application of the ITE Law.
JURIDICAL ISSUES IN ENFORCING FINAL AND BINDING ARBITRAL AWARDS IN INDONESIA Rakhmad, Muhammad Nur; Rijadi, Prof. Dr. Prasetijo; Sholehuddin, Dr. Sholehuddin
IUS POSITUM: Journal of Law Theory and Law Enforcement [IN PRESS] Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.862

Abstract

Arbitration constitutes a form of Alternative Dispute Resolution (ADR) conducted outside the judicial framework, specifically addressing disputes related to commerce and trade at both domestic and international levels. For arbitration to be applicable, there must be a contractual agreement to utilize an arbitration institution. Despite the widespread adoption of arbitration institutions for resolving business disputes, their efficacy, particularly in the enforcement of arbitral awards, remains a contentious issue. Arbitral awards may be executed voluntarily, provided there is full awareness and good faith. In instances where voluntary compliance is absent, an application may be submitted to the Chief Judge of the District Court to enforce compliance upon the respondent. The practical execution of these awards often encounters significant challenges, including prolonged durations and substantial costs, which can erode legal certainty.This study aims to examine the issues surrounding the enforcement of final and binding arbitral awards in Indonesia. The research method used is normative legal research which is descriptive in nature with a statutory approach and a conceptual approach which is then supported by empirical research to enrich the depth of the research process. The results of this research are the obstacles and legal efforts in overcoming the execution of final and binding arbitration awards.
THE CIVIL LAW PERSPECTIVE ON LEGAL CONSEQUENCES OF SAFEGUARDING CONSUMER PERSONAL DATA IN INDONESIAN E-COMMERCE ACTIVITIES Purnomo, Mahendra Bisma Wisdha Wardana; Rijadi, Prof. Dr. Prasetijo
YURIS: Journal of Court and Justice Vol. 3 Issue 4 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i4.803

Abstract

The rapid evolution of digital technologies in the early decades of the 2000s has significantly transformed commerce, with e-commerce emerging as a dominant platform for transactions in Indonesia. This digital shift, while enhancing efficiency and accessibility, has raised critical legal and ethical concerns surrounding the safeguarding of consumers' personal information. In response, the Indonesian state has enacted several normative instruments, such as Law No. 11 of 2008 concerning Electronic Information and Transactions, Government Regulation No. 80 of 2019, Ministerial Regulation No. 20 of 2016, Government Regulation No. 71 of 2019, and Law No. 27 of 2022 concerning the Protection of Personal Data. This research aims to analyze the legal structure that regulates the safeguarding of personal data within Indonesian e-commerce, employing a normative juridical approach, which analyzes statutory provisions and legal theories without relying on empirical data. The study finds that while Indonesia has made notable progress in establishing regulations, challenges persist in enforcement, supervision, and public awareness. Weak implementation and limited legal remedies leave consumers susceptible to unauthorized access and exploitation of personal information. Therefore, there is a need for a harmonized, implementable, and accountable legal regime to guarantee comprehensive protection of personal data within the context of the digital economy. Strengthening institutional capacity, improving legal certainty, and ensuring accessible mechanisms for dispute resolution are essential steps toward building consumer trust and promoting accountability among digital platform providers. This study concludes that a robust legal system is critical for securing consumer rights and advancing ethical practices in Indonesia’s rapidly expanding e-commerce sector.
LEGAL PROTECTION FOR FIXED-TERM EMPLOYMENT CONTRACT (PKWT) WORKERS IN OUTSOURCED COMPANY TRANSFERS FOLLOWING THE ENACTMENT OF INDONESIAN LAW NO. 6 OF 2023 Liana, Liana; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.804

Abstract

This research seeks to elucidate the Job Creation Regulation Number 6 of 2023, promulgated on December 30, 2022, by the President of the Republic of Indonesia, as a manifestation of the Government's commitment to ensuring legal protection for citizens' rights to employment and a dignified standard of living through job creation. Employment relationships may arise due to labor, directives, and remuneration. This research examines the two primary forms of employment relationships recognized under Indonesian labor law: Fixed-Term Employment Agreements and Indefinite-Term Employment Agreements. It employs a statutory and conceptual approach as the methodological foundation. The research relies on various legal materials, which are systematically collected and analyzed to address the legal problems under investigation. This research aims to provide a precise, clear, and accurate comparison of Law Number 13 of 2023 concerning Employment and Job Creation Regulations (RI Law Number 6 of 2023 regarding the Enactment of Perpu Number 2 of 2022 on Job Creation). This approach reveals that workers under a Fixed-Term Employment Agreements (PKWT) receive legal protection and compensation from the outsourcing company following the termination of their work agreement, including in cases of transfer of the outsourcing company, as stipulated in the aforementioned regulation.
Co-Authors Amelia, Eva Ayu Amirullah, Muhammad Iqbal Liana Liana Mas'oed, Wahyu Bagus Putra Ngaisah, Siti Purnomo, Mahendra Bisma Wisdha Wardana Rafli, La Ode Rakhmad, Muhammad Nur Sari, Ayunda Novita Sholehuddin, Dr. M. Sholehuddin, Dr. Sholehuddin Vera Rimbawani Sushanty Widiyanto, Indra