Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Sumaryanto, Dr. A. Djoko
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
JURIDICAL ANALYSIS OF LAW NO. 42/1999 WITH CONSTITUTIONAL COURT DECISION NO. 18/PUU-XVII/2019 ON MOTOR VEHICLE WITHDRAWAL BY DEFAULTING DEBTORS Ermita, Yeni; Sumaryanto, Dr. A. Djoko
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 2 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i2.553

Abstract

Motor vehicles are often confiscated by people who do not repay debts, and are occasionally subjected to violence or threats from debt collectors. Meanwhile, Law No. 42/1999 Article 15 stipulates that the withdrawal can be self executed. However, Constitutional Court Decision No. 18/PUU-XVII/2019 states that execution must go through the courts, which leads to differences in interpretations. Some interpreted the withdrawal to require a judicial process, while others argued that it could be done on their own, which led to forced withdrawals by debt collectors. Therefore, this research is conducted to  analyze the juridical implications of Law No. 42/1999 on Fiduciary Guarantee regarding the Constitutional Court Decision No. 18/PUU-XVII/2019, which specifically discusses motor vehicle withdrawals by creditors against defaulting debtors. A normative juridical approach with qualitative analysis was chosen to obtain an in-depth and accurate understanding of the legal issues discussed. The approaches used in this research are statute approach and case approach. The result of this research is in Decision No. 18/PUU-XVII/2019, the Constitutional Court reviewed and reinterpreted Article 15 Paragraphs (2) and (3) of Law No. 42/1999 on Fiduciary Guarantee. The Court found that the law allowed for arbitrary actions by creditors, causing injustice to debtors. The decision mandated that the execution of collateral, such as the withdrawal of a motor vehicle, must be done through a District Court decision rather than unilaterally by the creditor.
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)
Publisher : jfpublisher

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.
Co-Authors Ermita, Yeni Naibabo, Bryan Sholehuddin, Dr. M. Sugiharto, Dr.