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All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Yuris: Journal of Court and Justice
Sugiharto, Dr.
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Law, Crime, Criminology & Criminal Justice

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LEGAL IMPLICATIONS OF UNLAWFUL ACTS OF BUILDING ON FREEHOLD LAND AS DEBT COLLATERAL Megawati, Charisma; Sugiharto, Dr.
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i4.407

Abstract

Land and buildings are objects that play a crucial role and become basic needs in human life. Considering the great role of land rights, Law No. 5/1960 (Basic Agrarian Law) and its implementing regulations were enacted. Land ownership rights can be used as debt collateral encumbered by mortgage rights. In the process of transferring land ownership rights, legal actions are carried out. Legal actions that cause harm, contrary to laws and regulations, and the rights of others are categorized as unlawful acts (onrechtmatige daad). In the process of transferring land rights, an unlawful act may occur by constructing a building on the land of property rights. This normative juridical research examines positive legal materials using statutory, conceptual, analytical, and case study approaches. This research aims to determine the factors that cause unlawful acts by constructing buildings on property rights and the settlement of land disputes over property rights. The findings of this research revealed that the proof of title to the land of the Appellant (originally the Plaintiff) was valid and under the provisions of Law No. 5/1960 and Government Regulation No. 24/1997. However, the Appellant filed an exception regarding the lack of parties (plurium litis consortium) claim. The court of judges at the appellate level accepted the lawsuit without delving back into the proof of the subject matter. Thus, the judges only reached the exception of Appellant I and Appellant II.
LEGAL PROTECTION FOR THE PUBLIC ON POSITIONAL ABUSE FOR CORRUPTION OFFENCES Gimnastiar, Muhammad Alam; Sugiharto, Dr.
YURIS: Journal of Court and Justice Vol. 2 Issue 2 (2023)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v2i2.366

Abstract

The reasons for a public official to commit corruption may be varied, but generally known as the GONE theory (Greedy, Opportunity, Need, Exposure) as proposed by Jack Bologna. Corruption leads to a deceleration of the country’s economic growth, decreased investment, increased poverty and increased income inequality. Corruption not only affects the country, but also the whole society. The impacts of corruption on various aspects can be perceived by the public. Therefore, this research is conducted to determine the application of the law against public officials who are corrupt, to analyse the juridical mechanism in public malfeasance, and to analyse court decisions on corruption committed by public officials. The type of research used is juridical normative combined with a statutory approach, conceptual approach, analytical approach, and case study approach. There are 3 legal sources used, such as (1) primary legal sources consist of laws and regulations related to the research topic; (2) secondary legal sources consist of books, law journals, and legal dictionaries; (3) tertiary legal sources consist of internet media, print media, and mass media. The implementation of anti-corruption values to the community is based on needs such as honesty, discipline, responsibility, simplicity, and justice. Improving applicable laws and regulations, improving bureaucratic reform governance, creating an anti-corruption work environment, applying clean and good governance principles, and utilising transparency technology are some of the efforts to prevent corruption in society.
THE IMPLEMENTATION OF LEGAL NORM AGAINST DRUGS ABUSE OF DOUBLE L PILLS AT TANJUNG PERAK PORT POLICE SURABAYA Sumaryanto, Dr. A. Djoko; Sholehuddin, Dr. M.; Sugiharto, Dr.; Naibabo, Bryan
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.646

Abstract

Legal norms are rules that regulate people's behavior based on good and bad values, and determine what is permissible, recommended, or mandatory in a social context to maintain order. Regarding drug abuse, such as Double L pills that are often used without a authorization, Indonesia's Health Law No. 17/2023 regulates sanctions for illegal pharmaceutical activities and violations of safety standards, with a maximum penalty of 12 years in prison and a fine of up to IDR 5 billion for serious cases. This research aims to understand and analyze the implementation of the law and criminal liability related to the abuse of dangerous drugs, especially double L pills, in the Tanjung Perak Port Police area of Surabaya. The research uses a normative juridical method with a statutory and case study approach. The legal materials used include primary, secondary, and tertiary materials, which are collected and analyzed in a qualitative method. The results are presented descriptively for the easy understanding of the readers. The Tanjung Perak Port Police Narcotics Unit enforces legal standards according to Indonesian Health Law No. 17/2023 and the Criminal Code, as seen in case No. 950/Pid.Sus/2024/PN Sby, where the defendant was charged under Article 436 and Article 145 of the same law. However, challenges such as limited personnel, inadequate facilities, low public awareness about drug laws, and the vast Surabaya area complicate efforts to control drug distribution networks effectively.
THE CRIMINAL RESPONSIBILITY FOR PORNOGRAPHY VIDEO MAKER THROUGH DIGITAL FORENSICS ON SOCIAL MEDIA Hartono, Dhimas Joeantito; Sugiharto, Dr.
YURIS: Journal of Court and Justice Vol. 1 Issue 2 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (191.515 KB) | DOI: 10.56943/jcj.v1i2.119

Abstract

Cybercrime phenomenon is a crime that is not easy to trace its existence. Digital Forensics is an application in the Computer Science and Technology for the purpose of pro-justice, which in this case is to prove scientifically high-tech crimes so that digital evidence is obtained and it can be used to catch pornography suspects, which was transmitted to various media, such as magazines, television programs, and internet. Cyberporn is a crime in transmitting some pornography contents through website. This research used juridical- normative method as its research method. The researcher used the method to find out the criminal responsibility for pornography video maker through digital forensics on social media. In consequence, if there is a punishment for the perpetrator, then it is retaliation for his actions which aims to improve attitudes and behavior so that they are even better in using social media services and are also intended to prevent others from the possibility of committing similar acts.
ANALYSIS OF THE SOCIAL FUNCTION OF LAND RIGHTS FOR PUBLIC INTEREST Safitri, Adelia; Sugiharto, Dr.
YURIS: Journal of Court and Justice Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v3i3.634

Abstract

This research examines the evolution of land rights in Indonesia, focusing on their social function. Drawing on von Savigny's perspective, which emphasizes the influence of family, nation, and state on law and culture, this research  explores how these factors have shaped Indonesian land rights, blending customary and European legal traditions. This research aims to analyze the shift in land rights following the enactment of the Basic Agrarian Law (UUPA) in 1960, which transformed land control from communal and religious systems to state regulation for the benefit of the people. The UUPA establishes that all land rights carry a social function, requiring their use to align with public interest and community welfare. Using a normative juridical approach, this research reviews key legal frameworks, including Law No. 5 of 1960 and Law No. 2 of 2012. The research findings reveal that the state plays a central role in ensuring the social function of land, particularly through policies that balance individual rights with public benefit, aligning with utilitarian ideals. This research concludes that while land rights are guaranteed under Indonesian agrarian law, their social function is prioritized, ensuring land use serves public interest and promotes equitable development.
Co-Authors Gimnastiar, Muhammad Alam Hartono, Dhimas Joeantito Megawati, Charisma Naibabo, Bryan Safitri, Adelia Sholehuddin, Dr. M. Sumaryanto, Dr. A. Djoko