Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Ius Positum (Journal of Law Theory and Law Enforcement) is an open acces journal which affiliated with a law firm JF Law Firm. Ius Positum facilitates academics, researchers and legal practitioners to contribute in publishing articles that include original academic thoughts in field of Law Theory and Law Enforcement. to ensure the originality of article and avoid plagiarism, each article will be checked by Turnitin Plagiarism checker. Ius Positum accepts academic articles written in English that will be issued quarterly (four times a year) January, April, July and October.
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100 Documents
<![CDATA[AN ANALYSIS OF JUDGES JURIDICAL JUDEX FACTIE WHO UNCHECKING THE FACTS AND TRIAL EVIDENCE IN MONEY LAUNDERING: THE CASE STUDY OF JUDGE'S DECISION NO. 383 K/PID.SUS/2017 ]]>
<![CDATA[Maulana, Ahmad Afandi]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jlte.v1i1.2
<![CDATA[Money laundering is a series of actions that was done to hide or disguise the original process of criminal act (illegal money) from government or other competent authority. it is a crime that has characteristic of transnational, money laundering has an impact on economic stability of a country. This research is normative legal research, which include as a type of research that examines statutory rule or norm from certain legal force. This research supported by constitution No. 8/2010 concerning on the Prevention and Eradication of Crime for Money Laundering. This research began with the decision of East Jakarta District Court No. 605/Pid.B/2009/PN.Jkt. Tim which stated that the defendant Sudjatmiko was found not guilty of committing money laundering, however after the cassation applicant/public prosecutor was filed a cassation request, an appeal was filed. This decision was accepted by the Panel of Judges for Supreme Court and sentenced the defendant Sudjatmiko to 6 (six) years in prison (Decision No. 383K/Pid.Sus/2017). Based on the research analysis, it turned out that judex factie did not apply the law of evidence as intended in articles 183, 184 to 189 on The Code of Criminal Procedure.]]>
<![CDATA[APPLICATION OF GOOD CORPORATE GOVERNANCE RELATING TO SHAREHOLDER, COMMISSIONER AND DIRECTORS OF LIMITED LIABILITY COMPANY IN INDONESIA ]]>
<![CDATA[Sihabuddin]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jlte.v1i1.3
<![CDATA[Good corporate governance is the shareholder positioning in which contains specification to oblige shareholder participation. Global era and free market require new paradigm in carrying out business activity, how corporation can create positive image to their stakeholder. One of methods to do is to apply principles of good corporate governance. Corporation is one of the main pillars in modern social activity, because it is one of the centers of human activity to live their daily life. Corporation is important because of its significant contribution as source of public income, particularly in the tax sector. In limited liability Company, it is required good role of shareholder, commissioner and management (board of directors). Corporation is also a vehicle for channeling labor force.]]>
<![CDATA[THE URGENCY OF INDONESIA IN RATIFYING THE CONVENTION RELATING TO THE STATUS OF 1951 REFUGEES AND 1967 NEW YORK PROTOCOL TO DETERMINE THE STATUS OF REFUGEES IN INDONESIA ]]>
<![CDATA[Firdausi, Yoga]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jlte.v1i1.4
<![CDATA[Refugee is one of the problems that needs more attention, especially for the hosted country which has ratified The Convention Relating to The Status of 1951 Refugees and 1967 New York Protocol or countries that have not ratified it. However, it should be remembered that based on the principle of non- refoulement, a country may not expel or return asylum seekers until they get status as refugees who must be protected by the receiving country. The purpose of this paper is to provide an analysis and description of the issue of granting refugee status in Indonesia considering that Indonesia still needs to unify and ratify the Convention Relating to the Status of 1951 Refugees and 1967 New York Protocol. The research method used in examining the problem is legal comparison with functional methods and micro approaches (Source of Norms). The benefits of Indonesia ratifying the Convention Relating to the Status of the 1951 Refugees and the 1967 New York Protocol the determination of refugee status will be fully transferred to Indonesia's rights without depends on the United Nations High Commissioner for Refugees (UNHCR) as a United Nations main aspect that specifically deal with refugees.]]>
<![CDATA[LEGAL PROTECTION FOR GOVERNMENT BANKS ON THE IMPLEMENTATION OF WRITE-OFF ]]>
<![CDATA[Ambarwati, Mega Dewi]]>;
<![CDATA[Suhessyani, Anggrita Esthi]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jlte.v1i1.5
<![CDATA[Write-off is a way to improve credit system of bank by moving a problematic loan that difficult to handle from bank's balance sheet become extracomptable therefore it will not burden the bank's performance later, however it does not remove the bank's right to collect as an effort to pay off problematic loans to the debtor. At a macro level, this research has a goal to improve the financial performance of banks by write off system. The specific objective is to provide legal protection for banks that carry out a write-off system and rescue problematic loans (credit) by write-off system. Statute Approach (Statute Approach) was done by reviewing every laws and regulations related to the write-off system of problematic loans in governmental banks. Conceptual Approach was done in order to maintain researcher to stay by the existing legal rules. While write-off mechanism is one of the efforts to save problematic loans that commonly used by banks. To decide whether problematic credit is included in the criminal law and corruption or not, it should be necessary to observe the process. Based on the description it can be concluded that as long as credit decisions that end up problematic are made based on business judgment, decided without a conflict of interest, and are accountable, it should not be criminally wrong.]]>
<![CDATA[CRIMINAL POLICY IN LAW ENFORCEMENT RELATED TO MALPUBLIC ADMINISTRATION ]]>
<![CDATA[Sholehuddin, M.]]>;
<![CDATA[Efendi, Jonaedi]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022) ]]>
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DOI: 10.56943/jlte.v1i1.6
<![CDATA[The issue of penal politization has been cited by Dionysios Spinellis in his presentation concerning Top hat Crimes in Penal Law Summit XV of 1994. Application of penal law in the so called malpublic administration, refers to the three main issues in penal law. First, forms of malpublic administration acts which have been formulated as criminal act (criminalization process). Second, legal subjects that are liable for malpublic administration. Third, kinds and forms of sanctions applicable to the malpublic administration deeds (penalization process). Camus acknowledged justification of penalization to offender, but this penalization should not eliminate hir or her human power in obtaining new values and new adaptation.]]>
<![CDATA[THE INFLUENCE OF GOVERNMENT APPARATUS COMPETENCE AND E-GOVERNMENT POLICY IMPLEMENTATION ON IMPROVING PUBLIC SERVICES AT DEPARTMENT OF POPULATION AND CIVIL REGISTRATION AMBON ]]>
<![CDATA[Amin, Mohamad]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jlte.v1i2.54
<![CDATA[The purpose of this study was to determine the effect of government competence and the implementation of e-government policies on the quality of public services at Ambon Population and Civil Registration Office. The research method used in this research is quantitative. The populations in this research were employees at Ambon City Population and Civil Registration Office with a total of 30 people. The sample measurement technique uses a saturated sampling technique, which used all the population as the samples. The data collection technique used in this research is a questionnaire. The data analysis is using multiple linear regressions with SPSS 23 application. The results showed that the competence of government apparatus has a significant effect on the quality of public services, the implementation of e-government policies has a significant effect on the quality of public services, and the competence of government apparatus and e-government policies can be used as predictors of increasing or turning the public services quality.]]>
<![CDATA[THE EXISTENCE OF IDENTITY VALUE AND IMAGE PROTECTION ON LEGAL FRAMEWORKS OF UNITED STATES OF AMERICA (US) AND UNITED KINGDOM (UK) ]]>
<![CDATA[Hamid, Adnan]]>;
<![CDATA[Intan, Adilla Meytiara]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jlte.v1i2.62
<![CDATA[This research aims to examine the existence of identity value and image protection along with their commercialization by comparing legal frameworks between the United States of America (the US) and the United Kingdom (the UK). The applied methodology is socio-legal approach: Primary sources will be utilized to compare the Right of Publicity’s legal framework in each chosen country, as well as secondary sources, which will be used to develop this author’s understanding of the primary sources, will be crucial to answer the research question. The result of this research stated that The Right of Publicity is a subset of the Right to Privacy specifically guarantee individual to control the commercialization of his identity while providing the remedy for unauthorized commercialization by a third party. English courts and law explicitly dismissed any personality right moreover a general free- standing Right of Publicity. The discussion of the Right of Publicity in the US behaves towards the natural aspect of the right, whether to label the right as property or as personal right. It can be concluded that, The United States approach overprotect the individual’s right to control his identity by banning any commercial use of any characteristics which the public can associate with. On the contrary, the UK still refuse to provide a name to protect the appropriation of one’s identity.]]>
<![CDATA[THE COOPERATION BETWEEN CONVENTIONAL COMMERCIAL BANKS AND RURAL BANKS FOR FINANCIAL INCLUSIVENESS IMPROVEMENT OF SMALL, MEDIUM AND MICRO ENTERPRISES ]]>
<![CDATA[Usanti, Trisadini Prasastinah]]>;
<![CDATA[Setiawati, Anindya Prastiwi]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jlte.v1i2.67
<![CDATA[One of the accesses to funding for MSMEs is by inclusive financing which conducted through the collaboration between conventional commercial banks (BUK) and rural credit banks (BPR) with executing, channeling and joint financing schemes. The MSMEs Credit Banking Cooperation (KPKU) between BUK and BPR aims to be mutually beneficial with the ultimate goal is for more financed MSMEs by banks. For BPRs that have limited funds, the KPKU is the main alternative source of funds apart from savings and time deposits. The executing, channeling and co-financing schemes have different characters, especially to parties that dividing the funds to MSMEs debtors and parties who bear the risk due to non-payment funds that have been distributed to MSMEs. This research is a normative research using statutory and conceptual approach. This research concludes that there are three schemes have different characteristics, especially regarding to the parties that distributed the funds to MSME debtors and parties who guarantee the risk due to MSME debtors defaulting.]]>
<![CDATA[SOCIO-JURIDIC ANALYSIS OF ABORTION ACCORDING TO ARTICLE 75 OF LAW NO. 36/2009 CONCERNING ON HEALTH AND LAW NO. 35/2014 CONCERNING ON CHILD PROTECTION ]]>
<![CDATA[Triwulandari, Endah]]>;
<![CDATA[Tarsono, Edy]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 2 (2022) ]]>
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DOI: 10.56943/jlte.v1i2.68
<![CDATA[Children are often become victims of sexual crimes that cause the pregnancy. Not infrequently abortion is chosen as a way in overcoming Unwanted Pregnancy (KTD). The Criminal Code prohibits abortion. In Law No. 36/2009 concerning Health in Article 75 allows for abortion but Article 76 indicates that when the abortion is not in accordance with the requirements in Article 76, then a child who is a rape victim who has an abortion can be subject to a criminal offense under Article 194 of the Health Law. The type of this research is normative legal research. Normative legal research is research that focuses on positive legal norms. Abortion in certain cases can be justified when it is an abortion that is medically recommended by the treating doctor, for example because the pregnant woman suffers from an illness and to save the woman's life, the pregnancy must be aborted.]]>
<![CDATA[DOUBLE TRACK SYSTEM IN CRIMINAL SANCTION AGAINST NARCOTICS ABUSE ]]>
<![CDATA[Mujito, Mujito]]>;
<![CDATA[Darmawan, Prof. Dr. Arif]]>;
<![CDATA[Yudianto, Dr. Otto]]>;
<![CDATA[Mangesti, Dr. Yovita Arie]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022) ]]>
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DOI: 10.56943/jlte.v1i3.104
<![CDATA[The development of era shows a strong tendency to change the perception of narcotics addicts whom facing imprisonment and rehabilitation. The punitive approach may hide people who need a treatment, and the narcotic addicts may have fear arrest when they show up. Therefore, this situation prevents addicts from participating in treatment and rehabilitation programs. The output of the research is the essence of Double Track System m for narcotics abuse to create equality in the imposition of criminal sanctions and action sanctions against narcotics abuse. The narcotics abusers, addicts and it victims that violate the criminal law, they are required to get rehabilitation as a form of recovery effort (curative) and make the abuser aware that his actions are detrimental to himself and his future. The efforts to overcome narcotics abuse through the Double Track System sanction have the characteristics of exploring the benefits of law to prevent criminal acts, especially the narcotics abusers, then the main target is to utilize the model of action sanctions and criminal sanctions in proportional concept as a solution to provide the effectiveness in eradicating deviant narcotic use massively and comprehensively.]]>
