cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Risqi Maydia Putri,
Contact Email
admin@jfpublisher.com
Phone
+6281358580584
Journal Mail Official
admin@jfpublisher.com
Editorial Address
GRAHA INDAH E-11 Gayung Kebonsari, Gayungan, Surabaya, East Java. 60235
Location
Kota surabaya,
Jawa timur
INDONESIA
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 106 Documents
 7   8   9   10   11 
Fair Play Principles in Good Governance: Comparative Regulations and Implementation in Indonesia and Malaysia Salwa Aulia; Steven Immanuel Simanjutak; Alvian Ajay Chensyah Padang; Wulandari; Mukhlis Mubin
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 1 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i1.923

Abstract

The principle of fair play constitutes a fundamental element in modern governance, emphasizing integrity, transparency, and equal treatment in public administration. In Indonesia, this principle is incorporated into the General Principles of Good Governance (AUPB), while Malaysia situates it within administrative instruments including Public Service Ethics and public sector integrity standards. This study analyzes the relevance of fair play principles in realizing good governance through a comparative approach between Indonesia and Malaysia, examining normative foundations, regulatory developments, and implementation practices. The research employs a normative legal approach with comparative methodology, analyzing laws, administrative guidelines, court decisions, and scholarly literature. Findings reveal that although both countries demonstrate commitment to fair play principles, Indonesia confronts challenges in consistent AUPB application and enforcement, while Malaysia encounters issues regarding transparency and effectiveness of public complaint mechanisms. The study confirms that strengthening fair play principles plays a strategic role in enhancing bureaucratic integrity and reinforcing public service legitimacy. Recommendations emphasize regulatory harmonization, improvement of official accountability, and implementation of integrity-based oversight mechanisms. The comparative analysis demonstrates that effective implementation requires not merely normative frameworks but also transformation of administrative culture, capacity building, and sustained institutional support in both countries.
Effectiveness of Mediation and Arbitration in Indonesian Construction Contract Disputes Dahris Siregar
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 1 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i1.972

Abstract

In Indonesia's building industry, default issues happen all the time. Going to court to settle them can take a long time, cost a lot of money, and hurt business ties. The point of this study is to look into how well Mediation and Arbitration work as an alternative way to settle building contract failures. A legal-normative, qualitative study method was used to look at legal provisions (Construction Services Law, Arbitration Law) and conflict settlement practices at national arbitration institutions (BANI) as well as mediation practices in Indonesia. The study's results show that these two processes are very helpful. Mediation is an open and mutually agreeable way to settle a dispute, with the goal of keeping the parties' relationship. Arbitration, on the other hand, gives a clear and final decision more quickly, and is made by a judge with experience in the building field. The main result is that arbitration and mediation work better and faster than going to court. The research adds to the body of knowledge in the field of construction law about Alternative Dispute Resolution (APS). It also helps contracting parties choose the best dispute resolution clause and promotes the use of APS to keep construction projects on track and ensure they don't stop.
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.
Judicial Review by the Constitutional Court: A Democratic Oversight Instrument in Indonesia Ernawati Huroiroh; Dossy Iskandar Prasetyo; Vera Rimbawani Sushanty
IUS POSITUM: Journal of Law Theory and Law Enforcement [IN PRESS] Vol. 5 Issue 3 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i3.1048

Abstract

Judicial review is one of the constitutional authorities of the Constitutional Court that plays a central role in upholding constitutional supremacy, sustaining checks and balances, and strengthening constitutional democracy in Indonesia. This study examines the constitutional position and authority of judicial review exercised by the Constitutional Court within Indonesia's system of governance and assesses the implications of its judicial review decisions for the protection of citizens' constitutional rights within Indonesia's democratic system. The study employed normative legal research using statute, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials analyzed qualitatively through a descriptive-analytical method. The findings show that the Constitutional Court holds a strategic position as guardian of the constitution, exercising authority to test statutes against the 1945 Constitution to ensure that legislative products remain consistent with the principles of the rule of law and constitutional democracy. This authority functions as an instrument of democratic oversight that restrains the misuse of legislative power and sustains institutional equilibrium. In addition, the Court's judicial review decisions carry significant implications for the protection of citizens' constitutional rights: through its authority to invalidate unconstitutional norms, the Court reinforces constitutional supremacy, increases the accountability of law-makers, and advances a constitutional democracy in which the constitution serves as the foundation of state power. Judicial review therefore functions not merely as a mechanism for testing legal norms but as a substantive instrument for strengthening democracy and protecting citizens' constitutional rights in Indonesia.

Page 11 of 11 | Total Record : 106

 7   8   9   10   11 

Filter by Year

2022 2026


Reset
Filter By Issues
All Issue [IN PRESS] Vol. 5 Issue 3 (2026) Vol. 5 Issue 2 (2026) Vol. 5 Issue 1 (2026) Vol. 4 Issue 4 (2025) Vol. 4 Issue 3 (2025) Vol. 4 Issue 2 (2025) Vol. 4 Issue 1 (2025) Vol. 3 Issue 4 (2024) Vol. 3 Issue 3 (2024) Vol. 3 Issue 2 (2024) Vol. 3 Issue 1 (2024) Vol. 2 Issue 4 (2023) Vol. 2 Issue 3 (2023) Vol. 2 Issue 2 (2023) Vol. 2 Issue 1 (2023) Vol. 1 Issue 4 (2022) Vol. 1 Issue 3 (2022) Vol. 1 Issue 2 (2022) Vol. 1 Issue 1 (2022) More Issue