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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 100 Documents
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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 [IN PRESS] Vol. 4 Issue 4 (2025)
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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 [IN PRESS] 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 [IN PRESS] Vol. 4 Issue 4 (2025)
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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.
RESTORATIVE JUSTICE IMPLEMENTATION AGAINST THE PERPETRATOR OF EMBEZZLEMENT IN OFFICE AT PT KARYA NIAGA ABADI Sinjaya, Andi; Marjani, Ani
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 4 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i4.729

Abstract

The development of the times requires humans to adopt certain lifestyles that are considered as urgent needs. However, along with this development, there is an increase in deviant behavior that is against the rules, thus triggering various criminal acts in the society. One of the consequences of the evolving consumptive lifestyle is the increasing role of expedition companies as providers of goods delivery services. However, in its operations, the expedition company cannot completely avoid criminal acts, including embezzlement in office committed by employees. This research aims to identify the factors that cause embezzlement in office and analyze the settlement process in the expedition company. This research uses empirical legal research methods to examine positive legal provisions in relation to the reality that occurs in society. The approach used in this research is empirical juridical approach. The findings indicate that the criminal case settlement of embezzlement in office at PT Karya Niaga Abadi prioritizes the restorative justice method. In the settlement process, the victim, perpetrator, and related parties are involved to seek the best solution to the case. In addition, the approach  of restorative justice also aims to provide compensation to victims for criminal acts committed by the perpetrators.
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)
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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)
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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.
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)
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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)
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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)
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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)
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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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