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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 6 Documents
 1 
Search results for , issue "Vol. 3 Issue 1 (2024)" : 6 Documents clear
HUMAN RIGHTS PERSPECTIVE ON IMPLEMENTING PRESIDENTIAL THRESHOLD IN INDONESIA Kuswanto, Kuswanto
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.463

Abstract

The current presidential election system has a threshold that must be met before being nominated as president and vice president. In Indonesia, the implementation of the presidential threshold concept began following the amendment of the 1945 Constitution, in which the President and Vice President are directly elected through public elections. This research aims to identify the implementation of the Presidential Threshold in Indonesia and the guarantee to fulfill human rights in its implementation. This research applies a normative juridical research method that discusses issues regarding the implementation of the presidential threshold and the extent to which human rights contribute to the presidential threshold in Indonesia. The findings of this research suggest that the implementation of the presidential threshold in the presidential and vice presidential elections is not considered a violation of human rights. Since human rights applied in Indonesia are not absolute human rights, the objective of implementing presidential thresholds in Indonesia is to generate leaders who receive majority political support to strengthen the presidential system. As a result, the government system is not prone to change.
UNDERSTANDING LAW ENFORCEMENT IN THE PERSPECTIVE OF EXPEDIENCY AND JUSTICE Yahman, Dr. Yahman
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.468

Abstract

The fundamental concept of law enforcement is to maintain order by maintaining the values of society with the norms outlined in the rule of law. This research aims to identify the rules and norms of law enforcement in Indonesia. This is normative juridical research combined with statutory and conceptual approaches. Based on the research results, it is concluded that from the subject perspective, law enforcement is defined as a particular law enforcement institution’s attempt to assure and ascertain that legal rules are implemented properly. Meanwhile, in terms of its object, law enforcement concerns the enforcement of formal written regulations. Furthermore, in implementing their tasks and authorities, legal authorities not only use certainty, but also equity and utility. In the perspective of the expediency approach, law enforcement officials use progressive positivism instruments, such as restorative justice as a method of legal resolution.
THE LAW DEVELOPMENT IN INDONESIA UNDER SOEKARNO’S PRESIDENCY (1950-1966) AND NEW ORDER REGIME (1966-1990) AND ITS RELEVANCE TO NATIONAL LAW DEVELOPMENT Sayuti, Ageng Triganda; Simabura, Charles
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.470

Abstract

This research discusses the thoughts of Professor Soetandyo Wignjosoebroto as outlined in the book “Dari Hukum Kolonial ke Hukum Nasional” which discusses the development of socio-political dynamics in the development of law in Indonesia during the period of half a century (1840-1990). This research aims to identify the development of national law during the reign of President Soekarno, the development of national law during the reign of the New Order regime, and the relevance of the development of national law at the beginning of independence to the development of Indonesian law today. This is a normative juiridical research with statutory, case, comparative, and conceptual approach. The findings of this research indicate that the development of national law during the early years of independence was confronted with the desire to form a national law that was independent of colonial law and faced with legal certainty and development. The relevance of the law development at the beginning of independence with the current Indonesian law development suggests that law development cannot be separated from the existing values in the society.
THE IMPERATIVE OF STATE FINANCIAL RESTITUTION IN ANTI-CORRUPTION ERADICATION MEASURES Putra, Muhamad Gempa Awaljon; Usman, Dr. Usman; Satoto, Prof. Dr. Sukamto
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.476

Abstract

Corruption is defined as a white-collar crime that mostly affects public authorities. In addition, corruption is categorized as an outstanding crime because it obstructs the people’s economy and national development. Uncontrollable corrupt practices will have a comprehensive impact on a country’s government system and can serve to further disrupt future governance. Therefore, the restoration and return of state financial losses from corruption is a high priority in upholding legislation and penal law in Indonesia. The objective of this research is examine several corruption crimes in Indonesia, their eradication efforts, and state governments’ attempts in restitution of state financial losses caused by corruption offenses. A normative juridical research method was used in this research, combined with legislative approach, case approach, comparison approach, and theoretical approach.  The research concluded that corruption offenses are divided into seven categories of offenses that can lead to losses of state finances. The eradication of on Indonesia's corruption has been realized since the New Order until now.
ENVIRONMENTAL LAW ENFORCEMENT REGULATIONS REGARDING PRODUCER OBLIGATIONS IN WASTE MANAGEMENT IN INDONESIA Hardi, Kresensia Angelica; Senastri, Dr. Ni Made Jaya; Wiryani, Dr. Made
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.497

Abstract

Waste management in Indonesia is still an unresolved matter that deserves to be studied. This research aims to analyze the sanctions arrangements and its legal implications for producer responsibilities in managing waste in Indonesia. This research constitutes normative research which combined with primary and secondary legal sources which are then analyzed qualitatively. There are several regulations that have a correlation with this research, which are The Waste Management Law of 18/2008, along with Government Regulation 81/2012 concerning the Handling of Household Waste and Similar Waste, Presidential Regulation 97/2017 regarding the National Policy and Strategy for Managing Household and Similar Waste, and Minister of Environment and Forestry Regulation 75/2019 outlining the Roadmap for Producers to Reduce Waste, are significant legislative measures in waste management. The findings of this research indicated that the waste management obligations by producers in Indonesia have been regulated in laws and regulations, but have not been provided with sanction arrangements, which have had legal uncertainty implications on environmental law enforcement related to the legal basis for applying sanctions and legal uncertainty about the jurisdiction of both the central and regional administrations in law enforcement against producer obligations in managing waste in Indonesia.
LEGAL PROTECTION FOR INVESTORS AND BUSINESS ACTORS WHO HAD THOROUGH BANKRUPTCY DUE TO FORCE MAJEURE IN MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) Dewi, Gusi Ayu Arya Anindyanari Auliani; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.499

Abstract

This research examines the legal protection provided to investors and business actors regarding bankruptcy caused by force majeure in micro, small and medium enterprises (MSMEs). Force majeure is a condition beyond control that may lead to the inability to fulfill financial obligations. The primary objective of this research is to examine the existing legal protection mechanisms for investors and MSME businesses in handling bankruptcy situations caused by force majeure. Through a normative law approach and literature study, this research investigates the legal framework governing the responsibilities and protections for investors and MSME businesses against force majeure. The research findings are expected to provide a better comprehension of the legal measures that can be taken to protect the interests of investors and MSME businesses in handling the risk of bankruptcy due to force majeure. Although there are several regulations that provide a framework to protect investors and MSME businesses in bankruptcy situations, implementation and enforcement often causes challenges. Hence, it is significant to have more active endeavors from the government, financial institutions, and other stakeholders to strengthen legal protection for investors and MSME businesses in handling the risk of bankruptcy due to force majeure.

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