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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. 4 Issue 4 (2025)" : 5 Documents clear
A JURIDICAL STUDY OF THE CHURCH AS A LEGAL SUBJECT IN INDONESIA Ferlianto, Yose
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 4 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.836

Abstract

This study examines the status of the church as a legal subject and the regulation of its ownership rights as a religious institution in Indonesia. The research aims to analyze the legal framework governing the status of the church and evaluate the regulations related to its ownership rights. The methodology is a normative juridical and conceptual approach, with data collection through literature review and analysis of relevant legislation. The legal framework includes the constitution, statutory regulations, and Staatsblad 1927 No. 156, 157, and 532, which remain in effect pursuant to Article 1 of the Transitional Provisions of the 1945 Constitution. The study's findings indicate that churches in Indonesia are recognized as legal subjects, although not explicitly mentioned in the current legislation. Several legal provisions provide a legal basis for churches to own assets, but challenges remain in their implementation. This research contributes to understanding the legal status of churches and offers recommendations to improve the legal framework concerning church ownership rights, including broader legal protection and reconstruction of ownership regulations.
REFORMULATING VILLAGE HEAD AUTHORITY IN ISSUING HEIR CERTIFICATES: SURABAYA CASE UNDER PUBLIC SERVICES LAW Hamdhani, Jussaq Noor
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 4 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.837

Abstract

The Regulation of the Minister of Agrarian Affairs and Head of the National Land Agency Number 3 of 1997 concerning Land Registration explains that residents of native Indonesian descent can obtain Heir Certificates at the village office witnessed by the sub-district head, village head, and two witnesses. However, this regulation does not clearly specify the scope of village head authority and the technical procedures for issuing Heir Certificates. These unclear boundaries create legal uncertainty and concern among village heads regarding legal protection in carrying out their duties, including in Surabaya City. Therefore, the Surabaya City Government periodically reformulates articles in the Mayor's Regulations to improve village office performance as the frontline of public services, particularly in issuing Heir Certificates. This normative juridical research employs statutory and conceptual approaches. The findings indicate that regulations governing village head authority in issuing Heir Certificates have implemented most principles of public service outlined in Law Number 25 of 2009 concerning Public Services. To enhance village service performance, reformulation is needed to fulfill several principles including legal certainty, equal rights, professionalism, participation, equal treatment or non-discrimination, accountability, facilities and special treatment for vulnerable groups, timeliness, speed, convenience, and affordability.
MYSTERY BOX TRANSACTIONS ON THE TOKOPEDIA MARKETPLACE: A LEGAL ANALYSIS OF CONSUMER PROTECTION IN INDONESIAN CIVIL LAW Pratiwi, Kinara Angelia Yuwanda
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 4 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.840

Abstract

With the advancement of information technology in Indonesia, various new business models have emerged that utilize digital platforms as the primary medium for economic activities. One notable example is online shopping applications that enable the purchase of goods through an entirely digital process, including payment methods. However, the buying and selling practice of mystery boxes raises legal issues, particularly regarding consumer protection. This research examines the validity of mystery box transactions from the perspective of Indonesian civil law, focusing on Article 1320 of the Civil Code concerning the legal requirements of an agreement. The findings indicate that the object of mystery box transactions is uncertain, which may lead to elements of fraud. This practice also contradicts Law Number 8 of 1999 on Consumer Protection, which mandates that business actors provide clear, accurate, and honest information about the goods or services offered. The research method used is normative-juridical, employing a statutory and case approach. The study is descriptive-analytical in nature and aims to provide a comprehensive understanding of the legal issues surrounding mystery box practices and their implications for consumer protection.
CORPORATE CRIMINAL LIABILITY FOR SUBSTANDARD WAGE VIOLATIONS: A CASE STUDY OF PT. SAHABAT LINGKUNGAN HIDUP Wahyuono, Khrisnu
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 4 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.843

Abstract

This study examines the enforcement of corporate criminal liability for labor law violations in Indonesia through an in-depth qualitative case study of PT. Sahabat Lingkungan Hidup. Despite Indonesia’s comprehensive legal framework guaranteeing minimum wages, employment security, and social protection, findings reveal persistent and deliberate non-compliance by the company, including underpayment of wages, denial of overtime and annual leave, misclassification of workers, and non-enrollment in social security programs. Data collected from legal documents, interviews, and field observations demonstrate that institutional fragmentation, limited enforcement capacity, and bureaucratic inaction have rendered existing sanctions ineffective. The analysis integrates labor protection theory, the enforcement pyramid model, and political economy perspectives to explain how weak state capacity and overlapping jurisdictions sustain a culture of impunity. The study concludes that legislative reforms—such as the Job Creation Law—remain insufficient without stronger institutional coordination, adequate resources, and political commitment. Strengthening inspectorate capacity, enhancing inter-agency collaboration, and prioritizing labor rights enforcement are essential to transforming Indonesia’s formal labor protections into meaningful workplace realities.
JURIDICAL ISSUES IN ENFORCING FINAL AND BINDING ARBITRAL AWARDS IN INDONESIA Rakhmad, Muhammad Nur; Rijadi, Prof. Dr. Prasetijo; Sholehuddin, Dr. Sholehuddin
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 4 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.862

Abstract

Arbitration constitutes a form of Alternative Dispute Resolution (ADR) conducted outside the judicial framework, specifically addressing disputes related to commerce and trade at both domestic and international levels. For arbitration to be applicable, there must be a contractual agreement to utilize an arbitration institution. Despite the widespread adoption of arbitration institutions for resolving business disputes, their efficacy, particularly in the enforcement of arbitral awards, remains a contentious issue. Arbitral awards may be executed voluntarily, provided there is full awareness and good faith. In instances where voluntary compliance is absent, an application may be submitted to the Chief Judge of the District Court to enforce compliance upon the respondent. The practical execution of these awards often encounters significant challenges, including prolonged durations and substantial costs, which can erode legal certainty.This study aims to examine the issues surrounding the enforcement of final and binding arbitral awards in Indonesia. The research method used is normative legal research which is descriptive in nature with a statutory approach and a conceptual approach which is then supported by empirical research to enrich the depth of the research process. The results of this research are the obstacles and legal efforts in overcoming the execution of final and binding arbitration awards.

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