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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
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Search results for , issue "Vol. 3 Issue 3 (2024)" : 5 Documents clear
JURIDICAL ANALYSIS OF DEFAULT RESOLUTION IN COOPERATION CONTRACT FOR FIBER OPTIC CABLE ACQUIREMENT (DROP CABLE) Wijayani, Putu Megabalinda Pradnya; Wesna, Dr. Putu Ayu Sriasih; Utama, Dr. I Wayan Kartika Jaya
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.v3i3.605

Abstract

A contract is an agreement between two or more people, where they promise each other to do something. An agreement is made by two parties who need each other and agree to comply with respective obligations. Default occurs when one of the parties does not implement or is negligent in fulfilling the obligations agreed upon in the agreement. This research is concerned about the forms of cooperation contract for fiber optic cable acquisition (drop cable) between PT Fibeart Trans Network and PT Jagat Karya Putra Indonesia, and its legal consequences based on Court Decision Number 195/PDT.G/2023/PN JKT.SEL. This research uses normative legal research methods, to provide a legal basis in determining whether a certain situation is true or false and the consequences of default under the law. This fiber optic cable cooperative contract was legally made by parties who have legal capacity, with a halal causa, and was written in a writing affixed with a statement letter by a notary on December 11, 2021. Based on Court Decision Number 195/Pdt.G/2023/PN JKT.SEL, both parties have agreed to purchase and sell fiber optic cables, but PT Jagat Karya Putra Indonesia did not fulfill its obligation to pay the remaining payments to PT Fibeart Trans Network, which caused them to default.
LEGAL CONSEQUENCES OF DEPOSITED FUNDS TO PUBLIC NOTARY BEFORE PREPARATION OF SALES AND PURCHASE AGREEMENT: A Case Study of Supreme Court Decision Number 508 K/PID/2017 Jayanti, Ni Nyoman Tri; Wesna, Dr. Putu Ayu Sriasih; Puspadma, Dr. I Nyoman Alit
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.v3i3.607

Abstract

Depositing funds to the notary before the preparation of the Sales and Purchase Agreement (PPJB) is a common property transaction in Indonesia. It ensures the safety of the funds prior to the final agreement between the buyer and seller. However, there are legal risks associated with the management and use of these funds, especially if there is a dispute or a violation of the agreement. This research analyzes the legal consequences of entrusting funds to a notary by examining the case of Supreme Court Decision Number 508 K/PID/2017. This decision provides important insights into the responsibilities and obligations of notaries in the context of fund entrustment and its legal implications for the parties involved. This research aims to analyze the legal consequences of deposited money to public notary before making a land sale and purchase agreement. This research uses a normative method through legal approach and legal concept analysis. Data was obtained from relevant regulations and legal literature. The results indicated that if a notary receives money before the agreement is made, he/she acts outside his/her authority as a notary and only as a trustee. If there is any misuse of the money, the notary can be charged with embezzlement under Article 372 of the Criminal Code. This dispute can be resolved through legal channels (litigation) or negotiation and mediation (non-litigation). Depositing funds with a notary before the sale and purchase agreement can have serious legal consequences if it does not fulfill the correct procedure, as shown in Supreme Court Decision Number 508 K/PID/2017.
BANK CUSTOMER PROTECTION IN ACCOUNT BLOCKING FROM LEGAL PERSPECTIVE ON EXECUTION SEIZURE REQUESTS AND BANK SECRECY Novyanti, Ni Wayan Regina; Kosasih, Prof. Dr. Johannes Ibrahim; Wesna, Dr. Putu Ayu Sriasih
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.v3i3.608

Abstract

Banking business actors must maintain the level of health of their banks by applying the Precautionary Principle which is also directly related to the application of the Bank Secrecy Principle, which if the bank has neglected to apply the Bank Secrecy Principle, there is a potential loss that will be experienced by both customers and banking business actors themselves so that it can endanger the health of the bank itself. This study aimed to evaluate the legal protection for bank customers in the context of bank account blocking, with focus on the principles of bank secrecy. This study employed a normative legal methodology, using statutory and conceptual approaches. The data collection was conducted through library-based research. The findings indicated that according to the regulations stipulated in the Financial Services Authority Regulations (POJK) No. 1/2013 and No. 1/2014, bank customers who feel aggrieved have the right to file an internal complaint to the bank and seek resolution through dispute resolution. Moreover, bank customers are also allowed to file a lawsuit against the bank under Article 1365 of the Civil Code and file a lawsuit against an execution decision (verzet) as outlined in Article 195, Paragraph (6) of the Herzien Inlandsch Reglement (HIR) if the account blocking resulted from execution seizure request.
OWNERSHIP OF LAND RIGHTS BY FOREIGNERS USING THE NAME OF INDONESIAN CITIZENS Manuaba, Ida Ayu Sintya Naraswari; Setyawati, Dr. Ni Komang Arini; Puspadma, Dr. I Nyoman Alit
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.v3i3.611

Abstract

National land law prohibits land ownership by foreigners, in accordance with Article 9 of the Agrarian Law, which states that only Indonesian citizens can own property rights to land. Meanwhile, Article 26 Paragraph (2) of the Agrarian Law also prohibits the transmission of land ownership rights from Indonesian citizens to foreigners, either directly or indirectly. However, many foreigners control land through certain agreements made before a notary or PPAT. This research is intended to determine and evaluate the validity of land rights acquisition by foreigners and the legal consequences of such acquisition if certain agreements are used. The research method in this research uses a normative legal approach, which focuses on examining legal norms and analyzing library materials to examine the application of positive law. This research indicates that even though formally land ownership by foreigners can be considered legal, it violates Article 26 Paragraph (2) of the Agrarian Law because it is an indirect way to transmit property rights to foreigners. As a legal consequence, land ownership by foreigners through certain agreements is considered null and void, as evidenced in Gianyar District Court Decision Number 259/Pdt.G/2020/PN.Gin because it does not fulfill the objectual requirements under Article 1320 of the Civil Code.
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.

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