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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. 4 Issue 1 (2025)" : 6 Documents clear
LEGAL PROTECTION OF FOOTBALL MATCH SPECTATORS IN INDONESIA: A Case Study of the Kanjuruhan Tragedy Wahyudin, Ahmad Fahmi; Prasetyo, Dossy Iskandar
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.737

Abstract

In a soccer match, the presence of spectators plays an important role as encouragement for the team. Spectator support, whether playing at home or away, has proven effective in boosting the players' morale. However, in some cases, rivalry between spectators may lead to anarchic actions that lead to riots. The Kanjuruhan tragedy on October 1, 2022 at Kanjuruhan Stadium, Malang, became one of the worst incidents in Indonesian football history. The riot involving police officers and spectators caused 135 casualties, all of whom came from the spectators. This research analyzes the legal protection for spectators in holding football matches. The research method used is normative research with a statutory and conceptual approach. Juridically, the spectators hold civil rights against the organizers of the match. In addition, they are also protected as consumers and guaranteed security and safety by the state through various regulations. If there is a violation of these rights, either by the organizers or police officers, legal action can be taken in accordance with applicable regulations. Based on the research findings, legal protection for spectators is regulated in the Consumer Protection Law and the Sports Law. In the Kanjuruhan case, the court decision has stated that the police officers involved were guilty and sentenced to criminal sanctions.
THE ROLE OF GLOBALIZATION IN LEGAL REFORM IN INDONESIA Trisnanti, Ines Lovitya; Amelia, Mays; Sushanty, Vera Rimbawani
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.746

Abstract

Globalization has had a major impact on various aspects of life, including criminal law. In Indonesia, this has prompted the need for criminal law reform to respond to global challenges, such as the integration of international law, the development of information technology, and increased cooperation in law enforcement across countries. The aim of this research is to determine the impact of globalization on legal reform in Indonesia. This study uses a normative legal method with a descriptive approach to evaluate the influence of globalization on criminal law reform in Indonesia. The findings show that globalization affects regulation, legal implementation, and encourages harmonization of national law with international standards. Globalization also has an impact on regulations in the fields of investment, trade, and other economics, and raises challenges such as cybercrime and misuse of technology. This requires legal reform to be more adaptive and relevant. The development of information technology creates new challenges in the form of digital crimes that have not been adequately regulated in national law. Therefore, legal reform is needed to accommodate these developments and maintain the effectiveness of the legal system. This study emphasizes the importance of synchronizing national law with global dynamics, without ignoring the local social and cultural context.
IMPLEMENTATION OF THE RESTORATIVE JUSTICE CONCEPT BASED ON POLICE REGULATION NO. 8 OF 2021 IN CRIMINAL OFFENSES Huroiroh, Ernawati; Sushanty, Vera Rimbawani; Dermawan, Alif Fito; Sitorus, Betris Kristin Ambar Wati
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.752

Abstract

This study discusses the implementation of the Restorative Justice (RJ) concept based on Police Regulation No. 8 of 2021 concerning the Handling of Criminal Offenses in the East Java Regional Police. The background of this research stems from the emergence of the restorative justice paradigm as a response to the weaknesses of the system, which tends to neglect the rights of victims. Restorative justice offers a more humane and solution-oriented approach to criminal case resolution, emphasizing the restoration of harm and the relationship between the offender, the victim, and society. This research employs a normative method with a legislative and case study approach to analyze the juridical legitimacy and the implementation of the policy in practice. The results show that the implementation of restorative justice during the investigation process, particularly in the jurisdiction of the East Java Regional Police, has provided an alternative resolution that is faster, more efficient, and satisfying for all parties, especially in minor cases. Furthermore, restorative justice is considered to reduce the burden on the formal criminal justice system and foster substantive justice. However, challenges in implementation remain, particularly in terms of the readiness of law enforcement officers and public understanding of this new paradigm. This study recommends the strengthening of regulations, continuous training for officers, and the enhancement of public awareness to ensure the optimal application of restorative justice in accordance with the values of justice, utility, and legal certainty.
PENALTY AGAINST PHONE CREDIT HACKING THROUGH THE ‘ISI PULSA MASSAL.EXE’ APPLICATION Rahmawati, Poppi; Priyati, Sri
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.754

Abstract

Cyber crime is defined as a type of crime related to the misuse of information technology. The causes include unrestricted internet access, as well as negligence from users. In Indonesia, the increase in cyber attacks and data hacking cases in the past year according to the National Cyber Security Index report and Reboot Digital PR Service is the worst cybersecurity country in Asia with a cyber danger score of 82.5 out of 100.Using normative legal research using secondary data including laws, judicial decisions, legal theories. As well as with the Legislative Approach which is carried out by examining all relevant laws and regulations and the Case Approach which is carried out by examining cases related to the issues at hand and court decisions.Law Number 11 of 2008 concerning Electronic Information and Transactions or commonly called the ITE Law has special rules regarding the use of information technology, in the discussion of cybercrime. In hacking through artificial applications, especially hacking the credit balance of an individual can be subject to criminal sanctions, such as the case, two people from Wonosobo, Central Java named Abdul Aziz and Tahyan, have been caught by the Special Investigation Directorate team or Ditreskrimsus at the South Kalimantan Police (KalSel). Criminalization of credit balance hacking through artificial applications can be applied by. ionally, challenges such as a shortage of police personnel and insufficient public outreach on traffic law compliance contribute to the system's inefficiency.
THE CONCEPT OF HABEAS CORPUS ACT IN REGULATING THE LEGALITY OF SUSPECTS’ DETERMINATION AS AN OBJECT OF PRETRIAL IN INDONESIA Sinjaya, Andi; Situmeang, Janaek
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.733

Abstract

The Habeas Corpus Act is a legal principle that protects individuals from arbitrary detention, but its implementation in the Indonesian legal system has been challenging, especially in pretrial proceedings. The regulation of suspect determination as an object of pretrial in Indonesia is debatable today, because the establishment of a suspect is not an act of coercion. This research aims to determine the concept of the Habeas Corpus Act in regulating the determination of suspects as pretrial objects. This research uses normative legal methods with statutory, conceptual, historical, and comparative approaches, and collects legal materials which are analyzed using legal theories. The results showed that pretrial was inspired by the Habeas Corpus Act. However, the regulation of suspect determination as an object of pretrial has actually deviated from the concept. Nevertheless, the Habeas Corpus Act was founded on the principle of human rights protection. Therefore, the regulation of the validity of the suspect's determination as an object of pretrial in Indonesia is consistent with the principles of the Habeas Corpus Act, which is to ensure the protection of human rights.
EFFECTIVENESS OF THE MOBILE ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) IN PROSECUTING TRAFFIC VIOLATIONS IN THE JURISDICTION OF THE EAST JAVA REGIONAL POLICE FORCE Putri, Audita Amanda; Yahman, Dr. Yahman
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.741

Abstract

In today's digital era, the police in the traffic sector have developed new innovations in law enforcement against traffic violations through the Electronic Traffic Law Enforcement (ETLE) system. ETLE is divided into two types, which are static ETLE and mobile ETLE. Static ETLE operates using CCTV cameras installed in certain locations, while mobile ETLE is in the form of electronic ticketing cameras installed on police patrol cars to detect traffic violations in real time. However, despite the implementation of the ETLE system, numerous traffic violations still occur in the jurisdiction of the East Java Regional Police. This study aims to examine the legal provisions related to ETLE Mobile as well as the legal sanctions imposed on traffic violators in the implementation of this system in the East Java Police area. This study uses empirical research methods, which are based on field data through observation and interviews. The approaches used include statutory and conceptual approaches, with data sources in the form of primary and secondary legal materials. The results of the study indicate that the system implementation of static and mobile ETLE is still less effective and requires further development. One of the main factors that becomes an obstacle is public awareness, where there are still many individuals who have yet to understand and comply with traffic rules. In addition, factors from law enforcement officials are also influential, such as the limited number of police personnel in the sector of traffic, as well as the lack of socialization and counseling to the public in efforts to prevent traffic violations.

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