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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. 3 Issue 2 (2024)" : 5 Documents clear
THE EVIDENTIAL SYSTEM FOR THE NON-PHYSICAL OFFENSE OF SEXUAL HARASSMENT Hakki, Abdillah; Sadjijono, Prof. Dr.
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.v3i2.547

Abstract

Non-physical sexual harassment is not only about catcalls or whistling, but also includes sexual comments, commenting on body shape, flirting with affectionate words of a sexual nature, and showing vital organs constantly. Victims of verbal harassment are often frightened to report due to the lack of response from the community and law enforcement, and the lack of legal certainty. Verbal harassment victims are usually women, but can also be men or gay people. This research aims to increase the awareness of students and the public about sexual harassment cases, so that it is expected that there will be protection and resolution for cases of non-physical sexual harassment. This research uses a normative legal research method, which discusses legal principles, comparative law, legal history, and laws related to the crime of sexual harassment. The results of the analysis indicate that non-physical sexual harassment is verbal abuse in the public that can be committed by men or women by flirting, complimenting, or making sexual gestures to attract the victim’s interest. Sexual harassment, both physical and non-physical (verbal), targets the sexual organs or sexuality of the victim and must be resolved so that there are no more victims. It is expected that with the Sexual Harassment Law, the process of resolving and proving cases of sexual violence can be facilitated.
CONSPIRACY CRIME IN DRUG OFFENSES: DECISION STUDY NUMBER 277/PID.SUS/2022/PN.MJK Mas'oed, Wahyu Bagus Putra; Rijadi, Prof. Dr. Prasetijo
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.v3i2.549

Abstract

Drug-related conspiracy is an act committed by some individuals who cooperate or concur to conduct, assist, or support drug-related activities. These activities can include ordering, encouraging, facilitating, consulting, or becoming a member of a drug syndicate. All of this is regulated in Law No. 35/2009 on Drugs. This research aims to find out about the legal application by judges in the Mojokerto District Court and Surabaya High Court in drug conspiracy cases. The research method used is the normative method, which examines each element of the drug-related crime of class I methamphetamine. The results showed that the Mojokerto District Court and Surabaya High Court imposed sentences in accordance with Article 114 Paragraph (1) in appropriate with Article 132 Paragraph (1) of the Law No. 35/2009 on drugs. The conclusion of this research emphasizes the need for more assertive and comprehensive law enforcement in handling cases of drug-related criminal conspiracy. Recommendations are also provided to integrate efforts between law enforcement authorities and intensify preventive efforts through education and socialization of the dangers of narcotics.
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 EFFECTIVENESS OF REGIONAL REGULATION NO. 6/2012 ON WASTE MANAGEMENT AND RETRIBUTION FOR DISPOSAL OR SANITATION SERVICES Sushanty, Vera Rimbawani; Ambarsari, Linda Ariska
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.v3i2.561

Abstract

The issue of waste management in Indonesia is a persistent environmental issue. Waste is any unwanted material from human activities. Waste management means planned, comprehensive, and sustainable activities that include waste reduction and management. This research aims to examine the effectiveness of implementing Sidoarjo Regional Regulation No. 6/2012 on Waste Management. The research method used is the empirical method, which analyzes the law based on community behavior using field data, interviews, and observations. The results indicated that the implementation of Sidoarjo Regional Regulation No. 6/2012 on Waste Management has not been effective because some elements in the theory of legal effectiveness have not been complied with, such as minimal public understanding of the regulations, suboptimal law enforcement, inadequate facilities and infrastructure, relatively low public awareness, and cultural factors.
LEGAL POLICY ON EXHIBITIONISM THROUGH VIDEO CALL-BASED SOCIAL MEDIA REVIEWED FROM THE INFORMATION AND ELECTRONIC TRANSACTIONS (IET) LAW Suarsika, I Komang; Wiratny, Ni Ketut; Sihotang, Erikson
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.v3i2.576

Abstract

The advancement of information technology has significantly impacted society, transforming conventional crimes into cybercrimes using computers and the internet. One such example is exhibitionism via video call-based social media. This act is not yet specifically addressed in the Information and Electronic Transactions (IET) Law. Applying Article 27 Paragraph (1) of the IET Law, which deals with indecent acts, does not cover this scenario as it lacks the "known to the public" element, creating a legal gap. Consequently, two issues arise: the legal regulation of exhibitionism in Indonesia and the legal policy considerations for exhibitionism through video call-based social media under the IET Law. This normative research employs legislative, conceptual, and historical approaches, drawing from primary, secondary, and tertiary legal materials collected through library research. The materials are analyzed using descriptive, systematization, construction, argumentation, and evaluation techniques. To address this legal gap, policy reforms in criminal law are necessary. Amending Article 27 Paragraph (1) of the IET Law to include "to another person without the consent or desire of that person" is essential. This amendment would allow the prosecution of exhibitionism via video call-based social media, ensuring legal certainty and protection for victims, particularly women and children.

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