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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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CORPORATE OR SELLER ACCOUNTABILITY IN BLOCKCHAIN AND CRYPTOCURRENCY CORPORATE INVESTMENTS Evrita, Ella; Maryana, Eny; Lubis, Efridani
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (358.469 KB) | DOI: 10.56943/jlte.v1i3.113

Abstract

The utilization of Information Technology, media, and communication has changed both the behaviour of society and human civilization globally, and the role of law is to regulate social life. At the same time, the digital world provides unlimited space and time for its users; one of the digital developments is related to cryptocurrencies. Cryptocurrency is a digital currency that secured by cryptographic security system. Crypto money can generally used to buy various kinds of digital goods. One of the uses of owning a cryptocurrency is for investment. Currently, the development of cryptocurrencies in Indonesia is swift. Generally, people from upper-middle class already know about the term. The same thing happened in international market. With the background of the rapid development of this cryptocurrency in community, in terms of growth, the obstacles and constraints found, the authors conducted this research, and it is technically challenging to identify the role of each party in current digital business in Indonesia and the existence of a knowledge gap between consumers and producers. This research is descriptive research with normative juridical method, meaning that in discussing existing problems, researchers will look at legislation’s provisions.
LEGAL PROTECTION FOR CONSUMERS AS VICTIMS OF SWAB/PCR TESTS BASED ON REGULATION NO. 8/1999 REGARDING CONSUMER PROTECTION Dewangga, Raditya Aufar; Hartantien, Sinarianda Kurnia
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.94

Abstract

In the pandemic era, it is clear that compliance with procedures is essential and has a significant impact on ending the pandemic. Besides wearing masks and maintaining social distancing, routine testing to detect the virus—such as antigen tests—is also necessary. This requirement is based on the Minister of Health’s Decree No. 234/2020, issued on April 7, 2020, which mandates all laboratories in Indonesia to implement early identification and report results to the local Health Office. However, this situation has led to a new form of crime that indirectly violates consumer rights through the falsification of test results by service providers. In similar cases, legal discussions often focus on criminal liability, while consumer rights and protections are also at stake. This study examines the legal protection available to consumers affected by fake SWAB/PCR tests, as well as the government’s responsibilities and efforts in ensuring legal protection for those harmed. The research employs a Juridical-Normative approach, utilizing secondary legal materials with statutory and case-based analysis. A descriptive-analytical specification is used to address the research problem as defined by the researchers.
THE IMPLEMENTATION OF CRIMINAL LAW IN SOCIAL FUNDS CORRUPTION Duahido, Dhamura; Kunarso, Kunarso
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.95

Abstract

Corruption is highly detrimental to state finances and obstructs national development. It must be completely eradicated to create an impartial and prosperous society based on Pancasila and the 1945 Constitution. Corruption not only causes financial losses to the country but also hinders the growth and sustainability of national development, which demands high efficiency. The corruption court's consideration of defendants who misused humanitarian aid funds plays a crucial role in determining mitigating decisions. This raises the question of what the judge’s decision should be in imposing the toughest sanctions for corruption defendants involved in the misuse of humanitarian aid funds. This research is normative legal research that focuses on positive legal norms, particularly regarding maximum and minimum regulations. Mitigating factors presented during the trial process become key considerations for the panel of judges in making their decision. In imposing sentences, the panel of judges has implemented a double-track system.
AIRLINE COMPANY LIABILITY FOR LUGGAGE IN LOST OR DAMAGED AIRLINE Sari, Ayunda Novita; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 2 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i2.101

Abstract

Since Indonesia has a diverse geological and territorial landscape, air transportation is preferred by certain community groups. This research study aims to examine legal protection for the loss or damage of passengers’ luggage on airplanes. The research employs a normative juridical approach, with data collected through a library study and analyzed qualitatively. As air transportation, particularly airplanes, continues to develop, many airline companies—both domestic and international—have experienced significant growth due to the increasing preference for air travel among Indonesians, as it is faster and more efficient. However, this growth must be accompanied by a high standard of service from airline companies, especially regarding baggage handling. In cases of lost baggage, lost baggage contents, or destruction of checked baggage, passengers are entitled to compensation of IDR 200,000 per kilogram, with a maximum of IDR 4,000,000 per passenger. Compensation for damaged checked baggage is determined based on the type, shape, and brand of the item.
LAW ENFORCEMENT AGAINST HEALTH PROTOCOL COVID-19 VIOLATIONS IN INDONESIA: A Case Study of Decision Number: 173/PID.SUS/2021/PT.DKI Muslihuddin, Mochammad; Yahman, Dr. Yahman
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.102

Abstract

The Corona Virus, or Covid-19, has spread throughout Indonesia since early 2019. This virus initially emerged in connection with an animal market in Wuhan, China. The spread of Covid-19 caused panic and anxiety among people worldwide. Cooperation from all communities is essential to prevent the virus from spreading further. In response, the Police in each region enforce rules based on the Chief of Police's recommendations. Law enforcement officers are directly involved in preventing the transmission of Covid-19. In carrying out their duties, the Police work in synergy with relevant agencies, the Indonesian National Army (TNI), religious leaders, and all levels of society. This research aims to examine police policies and government enforcement rules in preventing virus transmission. The study analyzes government regulations, police chief policies, and related legal sources. The findings are based on police legal regulations and government laws, implemented according to their roles and responsibilities. Law enforcement takes an active approach by promoting values and norms within communities, ensuring compliance, and addressing violations during their duties. These regulations still require discipline and transparency in handling information related to protocol violations during the pandemic.
THE URGENCE OF IMPLEMENTING LAW IN MONEY LAUNDERING ON THE ERADICATION OF CORRUPTION TO OPTIMIZE THE RECOVERY OF STATE FINANCIAL LOSS Tambunan, Ria Berlian; Sholehuddin, Dr. M.
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.103

Abstract

Corruption in Indonesia has not decreased, as reflected in the Transparency International report. Indonesia's Corruption Perception Index (CPI) dropped by 3 points, from 40 in 2018–2019 to 37 in 2019–2020. One major impact of corruption is the loss of state finances; therefore, a different approach is needed to eradicate corruption effectively. This would ensure that state financial losses can be optimally recovered and reused for the nation's benefit and the people's prosperity. The research method employs a normative approach with a legislative framework. Additionally, it utilizes secondary legal materials, particularly literature that examines the correlation between corruption and money laundering. The research concludes that money laundering and corruption are closely linked, as the original crime stems from corruption. This is clearly and explicitly stated in Article 2, Paragraph (1) of Law No. 8/2010. Furthermore, Law No. 8/2010 does not only punish active and passive perpetrators but also regulates legal actions such as asset confiscation and recovery. This is achieved through tracking assets derived from crimes at different stages: placement of illicit funds into the financial system, layering, and ultimately, asset recovery, where transacted and utilized funds are reclaimed.
THE LAW ENFORCEMENT AGAINST AN ILLEGAL ONLINE LOANS PLATFORM Khaq, Ifan Eldin; Hidayat, Ahmad
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.114

Abstract

Law is the regulation of norms and sanctions created with the purpose of regulating human behavior to maintain order, uphold justice, and prevent chaos. Each country has its own legal system, which differs from others, including Indonesia. Indonesia is a state of law, as stated in Article 1, Paragraph 3 of the 1945 Constitution. This research uses a library legal research method, which is conducted using a descriptive approach to analyze social phenomena within the community through a balanced qualitative perspective. In the Financial Services Authority Online system, despite being supervised by the OJK, online loan services still pose risks, such as high interest rates and concerns over data security, as personal information remains vulnerable to leaks. Customer data is highly susceptible to breaches and uncontrolled distribution. The enforcement of laws regarding illegal online financial services, such as law enforcement measures and dispute resolution, has not yet fulfilled the principles of legal protection and fairness for borrowers using online monetary services registered under the Monetary Service Authority Regulations.
CIVIL LIABILITY OF OPEN COMPANIES THAT PARTICIPATE IN TAX AMNESTY PROGRAM AGAINST THE INVESTORS Junaidi, Anang Saifudin; Moersidin, Murry Darmoko
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.115

Abstract

The number of online financial service platforms in Indonesia is increasing every year. However, many illegal platforms operate without registration under the Financial Services Authority. This rise is driven by several factors, including the ease of creating online loan service applications, uneven access to bank financing, and the rapid acceleration of digitalization—particularly in online loan platforms—without adequate public knowledge and literacy. Additionally, the administration of online loan services is often too easily accessible. Law enforcement and dispute resolution for illegal online financial services have yet to fully uphold the principles of legal protection and fairness for borrowers registered under Financial Services Authority regulations.
LEGAL ANALYSIS OF DIRECTORATE GENERAL CUSTOMS DECISIONS AT EAST JAVA REGIONAL OFFICE I: The Objection of Customs Rate Assessment and Value of PT. Sinar Harapan Berkarya Sani, Alfrida Mutiara; Ngaisah, Siti
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 3 (2022)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v1i3.153

Abstract

The procedure for submitting an objection to the SPTNP (Letter Determination of Tariffs and/Customs Value) is regulated in the Regulation of Director General of Customs Per-15/BC/2017 concerning on Procedures for Filing and Settlement of Objections in the Customs and Excise Sector. The submission of objection to SPTNP PT. Sinar Harapan Berkarya, often get rejection from Director General of Customs. This study implements 2 problems of study, 1. How to grant the objection to tariffs and/or customs value (notul) at PT. Sinar Harapan Berkarya? 2. What is the reason on the objection of tariffs and/customs value (notul) of PT. Sinar Harapan Berkarya being rejected? This study aims to determine the obstacles of rejecting SPTNP objection and find out the conditions for SPTNP objection to be granted by Director General of Customs. This method uses empirical juridical research. This research examines legal provisions and what happens in field or in reality. The discussion includes the requirements for the fulfillment of SPTNP objection, the issuance of SPTNP, the calculation of Customs Tariffs and Values, the method of filing SPTNP objection, the factors that causes the rejection to the Tax Court and Analysis regarding the Decision of Customs General Director. Based on the analysis of objection, there is an inconsistency on the submitting method the Decree of the Director General of Customs.
Legal Protection for Taxpayers Participants of Voluntary Disclosure Program in the Law on Harmonization of Tax Regulations Subagyo, Achmad; Abdullah, Saiful; Saleh, Moh
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.v1i4.169

Abstract

The tax laws and regulations have changed many times, but these changes have not had a strong impact in terms of fulfilling the tax function as a regulator and source of financing for state administration and national development, especially during this Covid-19 pandemic. Therefore, the government regulates and changes several provisions in the field of taxation, such as Law No. 11/2020 concerning job creation and Law No. 7 concerning HPP (Harmonization of Tax Regulations). Minister of Finance stated that the HPP Law would provide provisions for the government to overcome disruption or shock of Covid-19 after effect. The objectives of this research are to describe the analysis of asset arrangements that must be reported in the Voluntary Disclosure Program and analyze legal remedies that can be taken by taxpayers who experienced losses as participants. This research used a normative type of research. The approach used in this research is a descriptive analysis. The source data of this research consist of primary and secondary legal materials. In addition, the data collection used library research. Taxpayers participating in the Voluntary Disclosure Program can take legal action against all disputes related to the Tax Amnesty Program through an Objection Application when the Taxpayer receives an SKPKB (Tax Underpayment Assessment Letter). Meanwhile, based on the decision of the Director General of Taxes, apart from the issuance of SKPKB, it can only be resolved through a lawsuit to the Tax Court.

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