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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 3 Documents
 1 
Search results for , issue "vol. 5 issue 2 (2026)" : 3 Documents clear
Royalty Payment Responsibility in Commercial Music Concerts: A Juridical Analysis of Jakarta Central Commercial Court Decision Number 92/Pdt.Sus-HKI/Cipta/2024 Vani Angelina Wilberth; Siti Ngaisah
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 2 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i2.1028

Abstract

The commercial music concert industry in Indonesia involves complex legal relationships among creators, performing artists, and concert organizers, particularly with respect to the obligation to pay music performance royalties. This study examines the legal framework governing royalty payment responsibility under Law Number 28 of 2014 concerning Copyright and Government Regulation Number 56 of 2021 concerning the Management of Song and/or Music Copyright Royalties, and critically evaluates the conformity of Jakarta Central Commercial Court Decision Number 92/Pdt.Sus-HKI/Cipta/2024/PN Niaga Jkt.Pst with those instruments. The study employs a normative juridical method with statutory and case approaches, drawing on primary legal materials and Scopus-indexed secondary sources. The findings indicate that the applicable regulatory framework unambiguously places royalty payment obligations on the concert organizer as the commercial user of copyrighted musical works, not on the performing artist whose remuneration constitutes a service fee rather than proceeds from commercial exploitation. The court's imposition of royalty liability on the singer departs from this statutory scheme, mischaracterizes the legal nature of the performance fee, and undermines the collective management mechanism established under the Copyright Act. This study concludes that judicial clarification, regulatory refinement, and stronger enforcement of pre-event licensing compliance are necessary to restore legal certainty and protect creators' economic rights within Indonesia's music industry.
Legal Protection for Creditors over State Confiscation of Fiduciary Guarantee Objects Trisadini Prasastinah Usanti; A Shomad; Ari Kurniawan; Bimo Ario Tejo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 2 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i2.1030

Abstract

Fiduciary guarantee is a recognized security institution in Indonesian law in which the collateral object remains in the possession of the fiduciary grantor. Although registration confers a right in rem on the fiduciary recipient, this continued possession exposes the object to confiscation by the state where the debtor uses it to commit a crime such as illegal logging. This study examines the legal protection available to a creditor as fiduciary recipient once the collateral object has been confiscated by the state under a court decision, using normative legal research with statute, conceptual, and case approaches centered on Decision Number 18/Pdt.G/2015/PN Ktp. The findings show that two attributes of the right in rem attached to fiduciary guarantee, the absolute right and the droit de suite principle, cannot be enforced once the object has been confiscated, since it passes into state ownership and may no longer be used by any party. Confiscation does not extinguish the principal debt, so the debtor remains obligated to settle it, but the creditor's standing is reduced from preferred to concurrent creditor. The creditor's remaining remedies are to demand a substitute guarantee from the debtor or, failing that, to file a civil claim grounded in unlawful conduct under Article 1365 of the Civil Code.
Administrative Law Enforcement in Business Licensing Governance: An Empirical Study of Kabupaten Buleleng Made Ayu Viska Herawati
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 2 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i2.986

Abstract

Licensing constitutes a fundamental instrument in the administration of government, functioning simultaneously as a mechanism for control, supervision, and the protection of public interests in business activities. In the context of regional autonomy, administrative law enforcement in business licensing is essential to ensuring legal certainty, spatial planning order, and sustainable development, particularly in Kabupaten Buleleng, which has experienced significant growth in the tourism and investment sectors. This study employs empirical legal research with a juridical-sociological approach, supported by the statute approach and the conceptual approach. Data were obtained through library research and direct interviews with relevant regional government officials, and subsequently analyzed using a qualitative descriptive-analytical method. The findings indicate that administrative law enforcement is implemented through a graduated pattern of supervision and guidance prior to the imposition of sanctions. Supervision is conducted through the OSS system and cross-agency coordination, while guidance is administered through graduated warning letters and the provision of grace periods for the fulfillment of licensing commitments. This approach reflects the ultimum remedium principle and the preventive legal protection framework in administrative law, consistent with law enforcement theory and the theory of governmental responsibility. However, implementation continues to face obstacles including budgetary limitations, geographical conditions, and inter-agency coordination gaps, which affect the optimization of supervision and the consistency of enforcement. Strengthening institutional capacity and inter-agency coordination mechanisms is therefore essential to improving the effectiveness of administrative law enforcement in regional business licensing governance.

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