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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 4 (2024)" : 5 Documents clear
PROBLEMS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF PRODUCTION AND DISTRIBUTION OF OPLOSAN IN EAST JAVA REGIONAL POLICE Suroso, Dr. Imam; Jamil, Dr.; Razak, M. Abdul; Ramadhina, Nabila Fitra
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.642

Abstract

The low purchasing power and high cost of legal alcoholic beverages in Indonesia has led to an increase in the demand for locally produced oplosan (mixed) alcoholic beverages. This phenomenon is a serious concern for law enforcement officials, particularly in the East Java Regional Police, considering the significant increase in the manufacture and distribution of oplosan. Despite this, the sale of legal alcoholic beverages remains quite common and high. This research aims to identify the various challenges faced by law enforcement in prosecuting perpetrators responsible for the production and distribution of oplosan. Using empirical research methodology and in-depth interviews with law enforcement officials at the East Java Regional Police, this research revealed significant difficulties in enforcing the law against this illegal practice. The findings of this research revealed that consuming illegal alcoholic beverages, such as oplosan, poses a high health risk to the people who consume them. Strict laws on alcohol consumption and the low price of oplosan have led to an increase in its sale. The production and distribution of oplosan is regulated by criminal law in Indonesia, with severe sanctions for violators. Despite the legislative framework aimed at protecting the public, law enforcers in the East Java Regional Police face obstacles, such as geographical factors, the common drinking culture, economic issues, and the lack of consequences for violators.
COMPARATIVE STUDY OF THE DOCTRINE OF REPUDIATION OF CONTRACT IN THE CONTRACT FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND THE TERMS OF CANCELLATION IN THE CIVIL CODE Setiasih, Herma; Haryadi, Wahyu Tris; Rosmaya, Ina; Ardhana, Annisa Sofia
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.649

Abstract

In International Civil Law, several types of breach can be found, one of which is anticipatory breach. The term anticipatory breach has its roots in the concept of repudiation, which covers a wider range of refusals. Repudiation includes not only anticipatory breach, but also every form of refusal to fulfill contractual obligations, both before and after the contract period begins. Anticipatory breach refers to actions that indicate one party's intention not to fulfill its contractual obligations to the other party. This research aims to analyze how the Contract for the International Sale of Goods or CISG and the Civil Code regulate the return of rights for breach committed by one of the parties. The method applied is normative juridical research with statute and comparative approach. The findings of this research indicated that validity of an agreement under Article 1320 of the Civil Code requires an agreement, capacity, a specific object, and a lawful cause. If these subjective and objective conditions are unmet, or if there is a breach causing harm, the agreement may be canceled, but only through a court decision as per Article 1266. Repudiation, the refusal to fulfill an agreement, has two models: the mirror image model and the differentiated model, which assess potential future losses. In international civil law, anticipatory breach, a concept linked to repudiation, is covered in Articles 71-73 of the CISG.
DISCIPLINARY ACTIONS UNDER THE POLICE CODE OF ETHICS FOR OFFICERS INVOLVED IN ADULTERY: A Case Study of the Police Code of Ethics Commission Decision No. PUT/11/XI/HUK.12.10/2023 Yahman, Yahman; Efendi, Jonaedi; Karim, Karim; Anjani, Shella Devita
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.680

Abstract

This research paper addresses the significant issue of disciplinary actions under the Police Code of Ethics concerning officers involved in adultery. The problem is particularly pressing for the Indonesian National Police, as such ethical violations not only undermine the integrity of the institution but also erode public trust and confidence in law enforcement. The study aims to explore the implications of enforcing disciplinary measures for adultery among police members and to identify preventive strategies to mitigate such violations. The research employs a normative juridical methodology, focusing on the implementation of existing legal norms and regulations related to police discipline. This approach involves a thorough examination of formal legal rules, including relevant laws and literature that provide theoretical insights into the subject matter. By correlating these legal frameworks with the issues at hand, the study seeks to provide a comprehensive understanding of how ethical violations are addressed within the Indonesian National Police. The findings reveal that despite the existence of regulations, violations of discipline and ethics, such as adultery, continue to occur frequently among police officers. Factors contributing to this issue include low legal awareness among officers and the influence of their social environment, which weakens the enforcement of discipline. The research suggests several solutions, including enhancing the quality of Police Internal Affairs Investigators, increasing awareness and compliance among police members, and fostering public understanding of disciplinary law enforcement as a means of promoting transparency and accountability.
GAMBLING CHARACTERISTICS PURSUANT TO CRIMINAL LAW RELATED TO BINOMO APPLICATION Sadjijono, Prof. Dr. Sadjijono; Moersidin, Murry Darmoko; Prasetyo, Dr. Dossy Iskandar; Catalina, Jane
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.684

Abstract

Binomo is an online trading platform that provides a wide selection of assets to trade (foreign currencies, gold, and stocks). The Binomo application shows a graphic display (chart) where the chart displays the price movement of an asset. The purpose of this study is to determine the characteristics of gambling in Indonesian criminal law and analyze the Binomo application in the perspective of gambling crime. This research is a type of normative research that describes in detail the social phenomena that are the subject matter in everyday life associated with using a statutory approach. The results of this study indicate that the characteristics of the Binomo application have fulfilled the elements of gambling in Article 27 Paragraph 2 of the Electronic Information and Transactions Law because of the element of intentionally making accessible Electronic Information and/or Electronic Documents that have gambling content. This is proven by the existence of the Binomo website which is categorized as an electronic document and contains gambling characteristics, namely guessing with a deposit as a bet and can be accessed by the public easily.
REMISSION POLICY FOR CORRUPTION PERPETRATORS IN THE PERSPECTIVE OF JUSTICE Rijadi, Prof. Dr. Prasetijo; Sushanty, Vera Rimbawani; Ngaisah, Siti; Rafli, La Ode
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.685

Abstract

Corruption is recognized as an extraordinary crime that poses significant challenges to governance and justice systems. The remission policy for corruption perpetrators often raises concerns regarding its alignment with the principles of justice, as it can be perceived as undermining the severity of corruption offenses. This research addresses the critical question of how remission policies can coexist with the values of justice, particularly in the context of Indonesia's legal framework. The primary aim of this research is to explore the legal norms surrounding the remission policy for corruption perpetrators from a justice perspective. It seeks to analyze whether the existing policies uphold the principles of fairness and justice as articulated in the Indonesian Constitution and the state ideology of Pancasila. This research employs a normative legal research methodology, utilizing secondary data such as laws and legal theories. Two key approaches are applied: a statutory approach, which interprets legal norms within existing legislation, and a philosophical approach, which delves deeply into the theoretical underpinnings of justice. The findings indicate that while remission can be viewed as a human right and a potential reward for good behavior, its application must be strictly regulated to maintain public trust and uphold justice. The research emphasizes that remission policies should be grounded in solid legal foundations and should incorporate principles of community justice to ensure that they do not compromise the fight against corruption.

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