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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 3 (2025)" : 5 Documents clear
THE JURISPRUDENTIAL ROLE IN RESOLVING CUSTOMARY INHERITANCE DISPUTES Poespasari, Dr. Ellyne Dwi; Erlangga, Afga Samudera
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.819

Abstract

Customary inheritance law is influenced by three kinship systems: patrilineal, matrilineal, and parental. Disputes over customary inheritance often arise in traditional communities due to dissatisfaction with the division of assets. While these conflicts are commonly resolved through family deliberation or traditional institutions, dissatisfaction with a chief's decision can escalate to legal action in court. This research aims to understand how customary inheritance disputes are resolved within these kinship systems and how Supreme Court jurisprudence is applied following these resolutions. This study uses a legal methodology with a multi-faceted approach. A statute approach is used to analyze relevant laws and existing legal precedents. A conceptual approach examines applicable legal theories and doctrines, while a case approach is employed to analyze specific, legally binding court decisions that illustrate the development of customary inheritance law. The findings reveal that while initial resolutions are sought through customary channels, a persistent dissatisfaction can lead to legal action. However, the effective application of judicial precedent is hindered by a lack of knowledge within customary legal communities. Nevertheless, these court decisions have brought about significant change, particularly in Batak communities, where several legal precedents have led to women being granted and receiving inheritance rights.
SOLD FLAT AGREEMENT OF SONG COPYRIGHT AS A TRANSFER OF ECONOMIC RIGHTS Huliselan, Rastra Samara
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.838

Abstract

In the music industry context, before Law Number 28 of 2014 concerning Copyright was enacted, the bargaining position of Creators and Performers was very weak when dealing with Phonogram Producers or Recording Companies, which generally possessed greater economic power. At that time, Creators and Performers were generally not in good economic condition, leading Phonogram Producers or copyright buyers to abuse the situation (misbruik van omstandigheden) by utilizing their stronger bargaining position to impose agreement contents unconditionally. The research questions are: how does the basic concept of sold flat agreements apply to song copyrights regarding economic rights transfer, and how is the freedom of contract principle applied in sold flat agreements? This research employs normative legal research methods by examining literature studies and relevant laws. The results show that in practice, collaboration between song creators and sound recording producers involves agreement letters generally prepared by producers. Song creators only sign them after being given opportunities to study the agreement concepts beforehand. The preparation is solely for practical purposes. In practice, song creators' bargaining position is often lower than sound recording producers. Based on Article 18 of the Copyright Law, sold flat agreements must return copyright to creators after 25 years. However, during this period, creators only enjoy minimal benefits from their creations. Therefore, the state must strictly supervise contracts in sold flat agreements, particularly regarding standard clauses offered by buyers, and should stipulate that song creators can receive state-regulated royalties even after sold flat contract execution.
IMPLEMENTATION OF THE PRINCIPLE OF PROPORTIONALITY IN FINANCIAL TECHNOLOGY–BASED CREDIT AGREEMENTS: A CASE STUDY OF THE SPINJAM PLATFORM Nurdian, Aria Bagaskara Adi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.839

Abstract

This study investigates the implementation of the principle of proportionality in financial technology based credit agreements through a case study of the SPinjam platform. The research aims to evaluate, first, the formal validity of SPinjam’s electronic agreements under Article 1320 of the Indonesian Civil Code and, second, the substantive fairness of contractual terms viewed through proportionality. A normative juridical method with qualitative analysis is employed, drawing on statutory interpretation of Law No. 11 of 2008 on Electronic Information and Transactions, Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions, and OJK Regulation No. 77 of 2016 on information technology based lending and borrowing services. The findings indicate that SPinjam’s electronic consent and signature flows satisfy the four validity requirements of agreement, capacity, a specific object, and a lawful cause. Nevertheless, proportionality is not implemented optimally, particularly in the dimensions of freedom of contract and the distribution of rights and obligations. Standard form clauses that constrain borrower participation and allow unilateral adjustments diminish contractual balance and heighten risk for consumers. The study recommends tighter supervisory measures by the Financial Services Authority to ensure effective disclosure, fair allocation of duties, and proportionate dispute resolution mechanisms. The analysis contributes doctrinal and practical insights for strengthening consumer protection in Indonesia’s digital lending ecosystem.
DISPUTE RESOLUTION BETWEEN PROPERTY DEVELOPERS AND PURCHASERS IN HOUSING CREDIT DEFAULT CASES INVOLVING BUYBACK GUARANTEE MECHANISMS Soewono, Francisca
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.841

Abstract

This research examines dispute resolution mechanisms between property developers and purchasers in cases of housing mortgage default that trigger buyback guarantee provisions. The primary challenge confronting purchasers involves their inability to sustain mortgage installment payments, resulting in the termination of sale and purchase agreements due to failure to settle mortgage obligations and associated liabilities. Employing a dual methodology of normative and socio-empirical juridical analysis, this study elucidates the tripartite legal relationships established within buyback guarantee agreements between developers, financial institutions, and purchasers. The findings identify critical legal issues, including the absence of specific statutory regulation, unequal bargaining power, unclear property valuation methods, inadequate notification procedures, and limited access to dispute resolution for purchasers. These deficiencies often lead to procedural unfairness and contravene the principle of good faith. The study concludes that the current framework, partially based on the Indonesian Civil Code, is insufficient for modern mortgage complexities. Therefore, it recommends regulatory intervention by the Financial Services Authority (OJK) to establish clear guidelines on obligations, valuation standards, and mandatory mediation or arbitration clauses. By harmonizing contractual freedom with consumer protection principles, these reforms aim to transform the buyback guarantee into a fairer and more transparent mechanism, ensuring equitable outcomes for all stakeholders in Indonesia's housing finance sector.
CONDITIONAL DEATH PENALTY SENTENCING IN THE NEW INDONESIAN CRIMINAL CODE: A NON-DEROGABLE RIGHTS PERSPECTIVE Susanto, Susanto; Efendi, Dr. Jonaedi; Suroso, Dr. Imam
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.842

Abstract

The conditional death penalty under Indonesia’s Law No. 1 of 2023 on the Criminal Code (KUHP) represents a critical reform in balancing human rights protection and state authority in criminal justice. This study examines the legal and philosophical foundations of the conditional death sentence through the perspective of non-derogable rights—particularly the right to life as an inviolable human right. Using a normative juridical methodology combining statutory and conceptual approaches, this research analyzes the new KUHP’s regulatory framework, especially Article 100, which introduces a ten-year probationary period allowing sentence conversion to life imprisonment. The findings demonstrate that conditional death sentencing serves as a middle ground between abolitionist and retentionist camps in Indonesian legal discourse. It reflects a progressive penal policy aligning with constitutional guarantees in Article 28I(1) of the 1945 Constitution and international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR). The study concludes that conditional death sentencing embodies a transitional penal paradigm—anchored in restorative and humanistic values—reaffirming the state’s dual obligation to uphold the right to life while ensuring collective security and justice.

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