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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 102 Documents
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Criminal Liability Against Child Exploitation Perpetrators by Educators in Islamic Boarding Schools Amri, Ahmad Ihsan
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.v1i4.180

Abstract

The children exploitation that occurs within the scope of Islamic boarding schools is increasing and it is required for strict supervision from the government to take preventive measures against this crime even though the implementation of Islamic boarding schools that regulated in Law of the Republic Indonesia No. 18/2019 concerning Islamic Boarding Schools. The aims of this research is divided into two types, to examine the effectiveness of positive law in Indonesia in law enforcement cases of crimes against children as victims and examine the legal sanctions from the actions of educators who exploit children in the Islamic boarding school environment; also, to fulfillment of academic requirements of researcher to complete the task of child criminal course at the Postgraduate of Law Faculty in Narotama University Surabaya and add theoretical and practical knowledge in legal science, especially in criminal law. The method used is juridical-normative method combined with conceptual, statutory and case approach. The source data of this research consist of primary, secondary, and tertiary legal materials. In addition, the data collection used library research. The criminal sanctions for perpetrators of child exploitation in Islamic boarding schools are regulated in the Child Protection Law in Article 761 and Article 88 which the perpetrator is threatened with a maximum imprisonment of 10 years and a maximum fine of IDR 200,000,000,- and the child as a victim can apply for restitution rights or compensation based on Government Regulation No. 43/2017 concerning the Implementation of Restitution for children who are victims of criminal acts.
Accountability of Surabaya Government in Providing Policies to Street Coffee Seller during Covid-19 Pandemic Margareta, Stefani; Huda, Dr. Miftakhul
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.v1i4.189

Abstract

Surabaya is the largest city in East Java which is dominated by the business sector besides education. Then, it is no need to wonder that in every corner of the city, there are small community businesses as a form or means to carry on life. During Covid-19 pandemic in Surabaya, the impact was not only on the health sector but directly on the community's economy sector due to crowd restrictions and social distancing to prevent the transmission of Covid-19. This research aims to be able to find out and identify the form of guidelines that has been implemented by the Surabaya Government towards street coffee seller during Covid-19 pandemic. The research method used is by using normative legal research. The conclusion of this research is that there is guidelines that can be implemented by the Surabaya Government on the impact of covid-19 pandemic for street coffee seller in Surabaya referring to Article 53 Government Regulation No. 7/2021 concerning Ease, Protection and Empowerment of MSME Cooperatives including credit restructuring, reconstruction business, capital assistance and assistance in other forms.
Theory Analysis of Justice Against Good-faith Buyers in Freedom of Contract Miarsa, Fajar Rachmad Dwi; Nasution, Krisnadi; Prasetyawati, Endang; Hadi, Syofyan
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.v1i4.197

Abstract

The Abuse of circumstances can occur when one of the parties has advantages in economic, psychological, and physical fields. The cases regarding the abuse of circumstances in Indonesia is often occur, but the law in Indonesia has not regulated this matter and is only based on jurisprudence. The case that often occurs is one of the parties who has weak economy in dependence/need position, then they forced to voluntary accept the clauses or promises made by monopolized party (bargaining power) in order to get the things needed (achievements), although the agreement can be detrimental to them. This research uses normative legal research which is also called doctrinal legal research. Normative legal research is legal research conducted by examining library materials or secondary legal data. Normative legal research is also called literature law research. The results of this research are good faith buyers who prioritize the main principle, no harm others and based on the principle of propriety as stated by Aristotle and Adam Smith.
LEGAL CULTURE DECONSTRUCTION IN INDONESIAN LEGAL SYSTEM Sulaksono
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.227

Abstract

Along with the reformation development in Indonesia, the new demand was created and realized with the implementation of law in society. The implementation of laws and regulations is a critical component of law enforcement. It entails legal officers' and society's willingness to enforce the law in order to maintain social order and establish justice. This research is normative juridical research that provides a qualitative analysis of discussed material by analyzing theories, legal principles, and law. From the research result, it found that the law and regulation in Indonesia is still weak and need to be improved. With the implementation of law and regulations in Indonesia, there are many obstacles and problems faced in its enforcement. As an example, the court justice is still doubt in issuing the law or regulations for the government or any political parties. Legal system consists of three components: legal structure, legal substance, and legal culture. These three elements are interconnected and have positive implications for the development of a responsive legal system. According to the research findings, the Indonesian legal system is repressive because the three elements of the legal system demonstrate its equality.
THE RATIO LEGIS LIABILITIES AND REPUDIATION RIGHTS OF LAND DEED OFFICERS BASED ON CRIMINAL CODE PERSPECTIVES Fachria; Prawesthi, Wahyu
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.261

Abstract

Land deed officers have existed as public servants for less time than the notary institution, which extends back more than three centuries. If we take a look at the Basic Agrarian Law included in Law No. 5/1960, we can see that it does not specify the specific responsibilities of Land Deed Officers while creating land deeds. The objective of this research is to analyze a comprehensive overview of the professional practice of land deed officials, who assume that the obligation to register land is upheld in addition to elevating the status of land from conventional rights, in which evidence of ownership is indicated by Petok D, Girik, or Letter C, as well as legal actions related to the acquisition, transfer, and deletion. The method employed in this research is a normative juridical method, and it includes the using legislation, conceptual, historical, and systems approaches as well as literature or law found in books. When land deed officers are requested to testify in civil proceedings, particularly in criminal cases, the repudiation rights of land deed officers that have been established in this legislation and regulation have various problems in their implementation. However, it should be remembered that repudiation rights are "rights" not obligations. Deed of land deed officers who contain legal defects either due to land deed officers' mistakes, negligence, or due to the intention of the land deed officers themselves, the land deed officers must be able to provide accountability both morally and legally.
CRIMINAL LAW ENFORCEMENT OF URUK SOIL WITHOUT MINING BUSINESS LICENSE (IUP) Erlando, Angga Riki Argo; Prawesthi, Wahyu; Amiq, Bachrul
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.262

Abstract

The government has the authority to control and guarantee the availability of natural resources for the benefit of society. Within its authority, the government has regulated and provided guidelines for the exploitation of natural resources in the mining sector in Indonesia through Law No. 4 of 2009 concerning Mineral and Coal Mining (Minerba Constitution). This research aims to determine criminal liability and criminal law enforcement of the mining of uruk soil without a Mining Business License (IUP). The method used in this research is normative legal research. The results showed that several conditions must be filled for a person or legal entity to be sentenced, including the existence of a criminal act committed, the ability to be responsible and the element of error of intentionality or negligence. As stipulated in article 158 of the Law of the Republic of Indonesia number 4 of 2009 concerning Mineral and Coal mining. Law enforcement by the police of the Directorate of Special Criminal Investigation of East Java Regional Police, through investigation, has succeeded in finding suspects on behalf of supono or supo. Based on witness statements, expert statements, suspect statements, and evidences, it have fulfilled the criminal elements of mining uruk and sand land without being equipped with a Mining Business License (IUP) as stipulated in article 158 of RI Law number 4/2009 concerning Mineral and Coal mining.
CRIMINAL LAW ENFORCEMENT AGAINST PERPETRATORS OF ILLEGAL MINING IN SUKODADI VILLAGE, KABUH, JOMBANG Yudha; Subekti; Soekorini, Noenik
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.265

Abstract

This research aims to analyze the criminal liability and law enforcement process against perpetrators who carry out unlicensed mining activities in Sukodadi village, Kabuh, Jombang. This research is included in sociological and legal research. The results indicated that the perpetrators fulfilled the elements of liability. In this case, the mistake considers intentionality and negligence, which means that the perpetrators are considered to have intentionality committed the act. Thus the perpetrators, in taking responsibility for their actions, can be subject to Article 160 paragraph 2 of the Law of the Republic Indonesia No. 4/2009 concerning Mineral and Coal Mining Jo Article 55 Paragraph 1 to (1) of the Criminal Code with a maximum imprisonment of 5 (five) years and a maximum fine of IDR. 10,000,000,000,- (ten billion rupiah). The law enforcement process against the perpetrators conducted by the East Java Police Special Criminal Investigation Unit, namely conducting, summoning, confiscation, and searches in this case, is very supportive and mutually reinforcing between witness testimony, expert testimony, clues, and the existence of evidence seized with the confession of the suspect.
LAW ENFORCEMENT OF CRIMINAL ACTS IN THE MISUSE OF SUBSIDIZED SOLAR OIL IN INDONESIA Putra, Reza Oktriananta Hadyan; Subekti; Suyono, Yoyok Ucuk
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.266

Abstract

The Oil and Gas Law provides a legal basis for steps to renew and realign Oil and Gas business activities. In accordance with the Oil and Gas Law, Pertamina’s function is a business entity, as an operator, by implementing the applicable laws and regulations. The government has established a government agency which in conducting its functions, duties, and authorities is independent, called the regulatory agency for the supply and distribution of fuel which was formed based on Government Regulation Number 67 of 2002 and Presidential Decree Number 86 of 2002, which referred to Government Regulation. This research aims to improve the supervision of the distribution of subsidized oil. Pertamina has collaborated with the Indonesian National Police through Pertamina Joint Agreement Letter (SKB) andNational Police Headquarters No. Pol. KEP/34/VII/2004 and Number KPTS-035/C00000/2004-S0 concerning on the Security of Kerosene and Diesel Fuel. Based on research result, the law enforcement on criminal act in the misuse of the trading system of subsidized diesel by the Police through investigations and investigations with the conclusion that the fulfillment of the elements of the article referred to in Article 55 of the Oil and Gas Law. Based on the Oil and Gas Law, the subjects are people and business entities. It can be seen in CHAPTER XI regarding criminal provisions.
THE CRIMINAL ACT OF ILLEGAL MINING OF SAND AND GROSOK Hadawiyah, Robiatul; Subekti; Soekorini, Noenik
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.269

Abstract

The control of minerals and coal by the state as referred to in Paragraph (1) is organized by the Government and Regional Governments. The purpose of this research is to understand and analyze the management of river sand mining and grosok in accordance with applicable laws and regulations in Indonesia, also examine and analyze criminal law enforcement on illegal mining of river sand and grosok. This research is included in normative legal research. The results showed that to conduct community mining activities in river sand mining according to Law No. 4/2009 concerning Mineral and Coal is Article. 1 number 10; Article. 1 number 12; Article. 20; Article. 21; Article. 22; Article. 24; Article. 25; Article. 26; Article. 35; Article. 67; Article. 68; Article. 69; Article. 70; Article. 72; Article. 73; Article. 104; Article. 131 and Article 132 with their criminal sanctions are contained in Article. 158, Article, 159 and Article. 165. The investigation of criminal act of illegal mining of river sand and grosok by police officers of the Directorate of Special Criminal Investigation of East Java Regional Police resulted in the conclusion that there was a criminal act of illegal mining by everyone who conduct the mining without a permit, as referred to in Article 158 of Law of Republic Indonesia No. 3/2020 concerning amendments to Law of Republic Indonesia No. 4/2009 concerning Mineral and Coal Mining, which has been amended by Law of Republic Indonesia No. 11/2020 concerning Job Creation.
THE LICENSE FOR HIRING FOREIGN WORKERS IN INDONESIA Ngaisah, Siti
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 1 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.274

Abstract

The entry of foreign workers into Indonesia is one of the impacts of foreign investment in Indonesia to assist national development. The opportunity to utilize foreign workers (TKA) has significant impacts, both positive and negative impacts. By applying a normative judicial approach, this research is conducted to analyze the regulations to get license in hiring foreign workers and the law enforcement if there is any offense. Besides improving the investment climate, the philosophy of hiring foreign workers is to transfer knowledge from foreign workers to Indonesian workers. This research shows that the regulations to get license in hiring foreign workers are currently easier than the previous regulations. On the other hand, supervision regarding offesenses of permits to employ foreign workers has so far not been optimal.The government is expected to pay attention to the opportunities for Indonesian Citizens to get a job and take decisive action if there is any offense.

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