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Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Published by JF Publisher
ISSN : -     EISSN : 2809672X     DOI : https://doi.org/10.56943/jlte
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 Issue 1 (2022)" : 5 Documents clear
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 Maulana, Ahmad Afandi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (195.49 KB) | DOI: 10.56943/jlte.v1i1.2

Abstract

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.
APPLICATION OF GOOD CORPORATE GOVERNANCE RELATING TO SHAREHOLDER, COMMISSIONER AND DIRECTORS OF LIMITED LIABILITY COMPANY IN INDONESIA Sihabuddin
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (383.215 KB) | DOI: 10.56943/jlte.v1i1.3

Abstract

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.
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 Firdausi, Yoga
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (315.211 KB) | DOI: 10.56943/jlte.v1i1.4

Abstract

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.
LEGAL PROTECTION FOR GOVERNMENT BANKS ON THE IMPLEMENTATION OF WRITE-OFF Ambarwati, Mega Dewi; Suhessyani, Anggrita Esthi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i1.5

Abstract

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.
CRIMINAL POLICY IN LAW ENFORCEMENT RELATED TO MALPUBLIC ADMINISTRATION Sholehuddin, M.; Efendi, Jonaedi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (175.688 KB) | DOI: 10.56943/jlte.v1i1.6

Abstract

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.

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