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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. 4 Issue 2 (2025)" : 5 Documents clear
JURIDICAL STUDY OF THE PROVISION OF PAYMENT OF WAGES BELOW THE MINIMUM WAGE BY EMPLOYERS TO WORKERS Soedjarwo, Rieski Soerya; Karim, Dr Karim; Sugiharto, Dr. Sugiharto
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.797

Abstract

Minimum wage regulation plays a central role in protecting workers' welfare and ensuring fair labor practices. In Indonesia, the enactment of Law Number 6 of 2023 reinforces this commitment by explicitly prohibiting employers from paying wages below the stipulated minimum and introducing criminal sanctions for violations. Despite these clear statutory mandates, sub-minimum wage payments persist in various sectors, raising critical concerns about the effectiveness of legal enforcement. This study applies a normative juridical method, examining the legal provisions governing minimum wage protections alongside the practical realities of labor law enforcement. The analysis reveals a systemic gap between the normative expectations of labor law and actual compliance in the field. Employers often rationalize non-compliance by citing financial pressures, while workers, due to economic vulnerability, frequently accept wages below the minimum standard. Enforcement agencies face significant limitations, resulting in rare prosecutions despite the existence of criminal sanctions. The findings highlight a discrepancy between the law’s protective intent and its practical implementation, reflecting broader challenges in Indonesia’s labor governance. The persistent failure to enforce minimum wage provisions not only undermines workers’ rights but also erodes trust in the legal system. This study underscores the need for critical reflection on the alignment between legal norms and labor market realities, emphasizing the importance of ensuring that statutory wage protections are not merely declarative but effectively upheld.
IMPLEMENTATION OF THE RESTORATIVE JUSTICE CONCEPT BASED ON POLICE REGULATION NO. 8 OF 2021 IN CRIMINAL OFFENSES Bahri, M Samsul; Patrianto, Dr Bangun
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.798

Abstract

Bankruptcy occurs when a debtor is unable to fulfill debt obligations to creditors, often due to financial mismanagement or market miscalculations that lead to business failure. In bankruptcy proceedings, public seizure aims to protect the debtor's assets to prevent their transfer or misuse. Conversely, asset seizure in criminal cases serves as a means to secure evidence or proceeds of crime, ensuring such assets remain intact for the investigation and trial process. These dual legal interests can create procedural conflicts, particularly when the same asset is subject to both bankruptcy proceedings and criminal seizure. This research examines the normative contradictions between Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations and the Indonesian Criminal Procedure Code regarding the priority of seizures. Article 31(2) of the Bankruptcy Law declares that all previous seizures are null and void upon bankruptcy declaration, while Article 39(2) of the Criminal Procedure Code permits the seizure of property even if it is involved in civil or bankruptcy proceedings. This legal overlap raises critical questions about asset management and legal certainty when bankruptcy and criminal processes intersect. The study aims to analyze this conflict and propose a solution to balance the rights of creditors with the needs of criminal law enforcement.
THE URGENCY OF THE PRINCIPLE OF FAIRNESS OF BPJS KESEHATAN CONTRIBUTIONS FOR WAGE EARNERS (PPU) Abidin, Zainal; Suroso, Dr Imam
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.799

Abstract

This article discusses the urgency of applying justice principles within the contribution system of BPJS Kesehatan (Indonesia's National Health Insurance) for wage-earning workers. The study aims to examine how the principle of justice can be effectively implemented, given the discrepancies between the contribution provisions regulated under Presidential Regulation No. 64 of 2020 and the stipulations in Law No. 6 of 2023 concerning the Ratification of the Government Regulation in Lieu of Law (Perppu) on Job Creation into Law, specifically Article 81 point 31 and Article 90B paragraph (1).This research adopts a normative legal method, employing positive law analysis combined with the theory of justice as the analytical framework. The data were collected through literature review, focusing on statutory regulations and relevant academic studies. The findings reveal that the principle of justice in the BPJS Health contribution system for wage-earning workers can be realized through two main mechanisms. First, by applying the principle of equity, which entails adjusting contribution rates based on the business scale of the company, in accordance with the mandate of the Job Creation Law. Second, by adopting the principle of social justice, through the provision of subsidies or contribution assistance for workers employed in micro and small enterprises. This scheme aims to ensure that all workers have fair and equitable access to health insurance, without being disproportionately burdened by contribution obligations.
LEGAL PROTECTION FOR FIXED-TERM EMPLOYMENT CONTRACT (PKWT) WORKERS IN OUTSOURCED COMPANY TRANSFERS FOLLOWING THE ENACTMENT OF INDONESIAN LAW NO. 6 OF 2023 Liana, Liana; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.804

Abstract

This research seeks to elucidate the Job Creation Regulation Number 6 of 2023, promulgated on December 30, 2022, by the President of the Republic of Indonesia, as a manifestation of the Government's commitment to ensuring legal protection for citizens' rights to employment and a dignified standard of living through job creation. Employment relationships may arise due to labor, directives, and remuneration. This research examines the two primary forms of employment relationships recognized under Indonesian labor law: Fixed-Term Employment Agreements and Indefinite-Term Employment Agreements. It employs a statutory and conceptual approach as the methodological foundation. The research relies on various legal materials, which are systematically collected and analyzed to address the legal problems under investigation. This research aims to provide a precise, clear, and accurate comparison of Law Number 13 of 2023 concerning Employment and Job Creation Regulations (RI Law Number 6 of 2023 regarding the Enactment of Perpu Number 2 of 2022 on Job Creation). This approach reveals that workers under a Fixed-Term Employment Agreements (PKWT) receive legal protection and compensation from the outsourcing company following the termination of their work agreement, including in cases of transfer of the outsourcing company, as stipulated in the aforementioned regulation.
STATE RESPONSIBILITY IN SAFEGUARDING WORKERS DISMISSED FROM EMPLOYMENT: A STUDY OF JOB LOSS INSURANCE (JKP) Ansrida, Destin Desy; Efendi, Dr. Jonaedi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.805

Abstract

Employment termination (Pemutusan Hubungan Kerja/PHK) has become an increasingly common issue in Indonesia’s labor landscape. To address this, the government introduced the Job Loss Guarantee (Jaminan Kehilangan Pekerjaan/JKP) through Government Regulation in Lieu of Law Number 2 of 2022, later enacted as Law Number 6 of 2023 concerning Job Creation. The JKP program serves as a form of state protection aimed at supporting Indonesian workers affected by layoffs, offering structured benefits administered by BPJS Ketenagakerjaan. This research aims to examine the legal basis of the JKP program as a new social protection policy and to evaluate the legal protection mechanisms available for terminated workers in accessing these benefits. Using a normative juridical approach, the study analyzes relevant laws, regulations, and institutional responsibilities, supported by academic sources and policy documents. The research also seeks to identify potential legal uncertainties, regulatory weaknesses, and institutional barriers that may hinder the effective implementation of JKP. The findings are expected to provide legal insight and contribute to the development of more responsive employment-based social security policies in Indonesia.

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