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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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THE EXISTENCE OF CUSTOMARY INHERITANCE LAW NORM DEVELOPMENT IN JURISPRUDENCE SUPREME COURT Poespasari, Dr. Ellyne Dwi; Erlangga, Afga Samudera; Soelistyowati, Dr.
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 2 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i2.326

Abstract

Customary inheritance law is affected by three kinship systems, which are patrilineal kinship, matrilineal kinship and parental kinship. These three kinship systems have their own characteristics that are typically traditional ones. Traditional customary inheritance law norms in the patrilineal kinship system explain that only male descendants are heirs in the distribution of their parents' inheritance. Meanwhile, women (daughters and widows) are not heirs of their parents/fathers or husbands. On the other hand, the norms of traditional customary inheritance law in Minangkabau with a matrilineal kinship system, which is from the mother or female line, are basically male descendants and female descendants of their mother's property. The father's property is inherited by his sisters and nieces. The norms of inheritance law in the parental kinship system do not distinguish between the position of sons and daughters. Therefore, both sons and daughters have the same rights in the distribution of inheritance from their parents. The development of customary inheritance law norms can be affected by the decisions of judges or the jurisprudence of the Supreme Court. The research method used normative legal research, which refers to legal norms regulated in laws and regulations, literature, expert opinions in order for the researchers to obtain information related to legal issues. Normative legal research is legal research conducted by examining literature or secondary legal materials as basic material to be researched by conducting searches of regulations, jurisprudence or judges' decisions and literature related to the issues discussed.
JURIDICAL ANALYSIS OF FINTECH LENDING AGREEMENT BASED ON CIVIL LAW PERSPECTIVE IN INDONESIA Dwi, Amelia; Efendi, Dr. Jonaedi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.344

Abstract

The growth of fintech P2P lending is getting faster and easier to access for people who still struggle to get loans and for MSME entrepreneurs who need capital to develop their business. Investing in P2P lending offers the prospect of high returns annually, however, the investment must be in accordance with personal profile and risk appetite and how to manage it. Therefore, the objectives of this research is to find out the legal Tunaiku credit agreement based on the civil law perspective in Indonesia; legal consequences if one of the parties defaults on the credit agreement in this application; and find out the form of legal protection for other parties who are aggrieved in the application credit agreement. Analysis of legal materials using qualitative descriptive analysis with the type of normative legal research. In addition, the research approach used is a statutory approach, conceptual approach, and case study approach. Data sources were obtained from primary, secondary, and tertiary legal materials. The results of this research are (1) digital financial services activities are implemented in cooperation with third parties in the context of inclusive finance; (2) if there is a defaulted person, it is obliged to reimburse costs, losses, and interest due to non-fulfillment of an agreement in accordance with Article 1243 of the Civil Code; and (3) in order to obtain legal protection, the public is encouraged to choose a fintech lending company that has been registered with the Financial Services Authority.
ELECTORAL OFFENSES AS WHITE-COLLAR CRIME: A CASE STUDY Kusno; Sumaryanto, Dr. Djoko
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.345

Abstract

Indonesia is a democratic country whose leaders are elected by society. Unfortunately, there are still some criminal offenses in its implementation. Therefore, this research aims to find out the criminal sanctions applied in the Law against criminal offenses in general elections. The inventory data collection is implemented through empirical research methods through jurisprudence research in the form of court decisions on election offenses and library research. There are two sources in this research, these are (1) primary sources (court decisions on election offenses in accordance with Law No. 7/2017 on general elections); (2) secondary sources (legal journals, various scientific works, books, and documents relevant to the research topic). This research indicated that the criminal provisions in the ius constituendum in the Election Law are still not effective in providing a deterrent effect, as indicated by the high rate of criminal election offenses over the years. In addition, the facts indicated that court decisions on election crimes are generally decided with lenient criminal sanctions, smaller than the criminal provisions in the laws and regulations, which are less than 6 months. Meanwhile, the elements of the criminal offenses are suitable for aggravated sanctions because the perpetrators are organizers and officials. Unfortunately, the average judge considered the purpose of deterrent punishment which emphasizes awareness.
THE SETTLEMENT OF MEDICAL ETHICS CODE INFRACTIONS AT RSUD Dr. SOEWANDHIE SURABAYA Grascillia, Anggie; Sushanty, Vera Rimbawani
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.346

Abstract

Indonesian Honorary Council of Medical Ethics (MKEK) is one of the autonomous institutions of the Indonesian Medical Association that is formed especially at the national, regional, and branch levels to perform professional ombudsman duties, foster professional ethics and/or other institutional and ad hoc duties at their respective levels. The Medical Ethic Code in Indonesia has been regulated in the Decree of the Health Minister Number 434/2002 by the IDI management which has revised and established changes to the results of the national working meeting on medical ethics in 2001. The type of research used is empirical jurisdiction which in its research uses a problem approach regarding medical ethics code infractions at RSUD Dr. Soewandhie Surabaya. The data sources used are (1) primary data sources, such as observation and interviews; and (2) secondary data sources, such as data sources that support the primary data sources (law books, scientific papers, articles, and so on). This research technique used purposive sampling technique. The research results indicated that legal protection against violation of the medical ethic code can be resolved in two ways, such as the criminal process (litigation) and the civil process (non-litigation) in which the initial settlement process is assisted by the Ethics Honorary Council, then further handled by the Medical Ethics Committee through mediation related to the provision of sanctions.
LEGAL POLITICS OF EASING THE ADMISSION OF FOREIGN WORKERS UNDER LAW NO. 11/2020 ON JOB CREATION Pardosi, Gabriel Tryogi Rahmadi; Jamil
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.347

Abstract

The Indonesian government drafted a law on job creation using the omnibus law method and is effective on November 2, 2020, which aims to regulate job creation attempts that are expected to accommodate Indonesian workers in the midst of competitive competition. There is a statement that the Omnibus law was approved to allow foreign workers into Indonesia freely, which is incorrect statement. In fact, in Article 89 regarding the amendment to Article 42 Paragraph 1 of Law No. 13/2003, there are requirements for hiring foreign workers in Indonesia. The article states that every employer who employs foreign workers must have an endorsement of the plan for the use of foreign workers from the central government. Therefore, this research aims to  find out the legal politics of easing the admission of foreign workers after the issuance of the Law on job creation and legal protection of Indonesian workers after the issuance of the Law. This research is descriptive normative research which used legal doctrines, legal issues and legal principles related to the research topic. There are several results from the research, such as (1) the existence of regulations that regulate the easing of foreign workers after the issuance of Law No. 11/2020 on job creation, which consists of Articles 42, 44, 46; (2) the existence of legal politics in the easing of foreign workers in Indonesia, by prioritizing the interests of companies in using foreign workers; (3) prioritizing the rights of local workers in getting jobs easily.
THE ROLE OF INDONESIAN POLICE INTELLIGENCE IN PREVENTING MASS SOCCER SPECTATORS’ RIOT BASED ON THE REGULATION OF THE HEAD OF SECURITY INTELLIGENCE AGENCY OF INDONESIAN NATIONAL POLICE NO. 2/2013 Putra, Milenio Januar; Setiasih, Herma
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.358

Abstract

The Kanjuruhan tragedy in Malang between Arema Malang and Persebaya Surabaya soccer supporters led to unexpected clashes due to disappointment from the locals’ defeat, and it caused many casualties. Therefore, this research is conducted to find out and analyze the role of Indonesian National Police intelligence in securing football that has clashed and caused casualties at Kanjuruhan Malang stadium based on Regulation of the Head of Security Intelligence Agency of Indonesian National Police No. 2/2013 on Security Intelligence of Indonesian National Police. This research is a normative legal research combined with juridical type. The problem approach used is a statutory approach, concept approach, and case approach. In addition, legal source data consist of 3 sources, such as primary, secondary, and tersier. The findings of this research indicated that using tear gas in the Kanjuruhan riot is actually regulated in the National Police Chief Regulation No. 1/2009 on the use of force in police actions. However, this violates the rules of FIFA as the federation that oversees world football. Furthermore, the role of police intelligence in securing football matches at Kanjuruhan Malang is conducted with targeted activities through the preparation stage, implementation stage, and termination stage.
IMPLEMENTATION OF RESTORATIVE JUSTICE SYSTEM FOR DRUG ABUSERS Shalasa, Idham Malik; Subekti; Suyono, Yoyok Ucuk; Prawesthi, Wahyu
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.360

Abstract

Nowadays, narcotics and drug crimes have been transnational crime that conducted  with sophisticated technology. Then, law enforcement officials are expected to prevent and solve these crimes in order to improve the morality and quality of human resources in Indonesia, especially for the nation’s next generation. Therefore, this research aims to find out the implementation of restorative justice systems for drug abusers in Indonesia. This research is a normative juridical approach. The normative juridical approach is to use legislation, examine all laws and regulations related to the legal issues. The restorative justice approach can only be applied to addicts, abusers, victims of abuse, drug dependence, and one-day narcotics use, as stipulated in Article 1 of Joint Decree of Chief Justice of Supreme Court, Minister of Law and Human Rights, Minister of Health, Minister of Social Affairs, Attorney General, Chief of Police, Head of National Narcotics Agency Number 01/PB/MA/111/2014, No. 03/2014, No. 11/2014, No. 03/2014, Number Per 005/A/JA/03/2014, No. 1/2014, Number Perber/01/111/2014/BNN on Handling Narcotics Addicts and Victims of Narcotics Abuse into Rehabilitation Institutions.
ENVIRONMENT CIVIL LAW ENFORCEMENT Widiyanto, Indra; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 3 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i3.361

Abstract

Environmental pollution is a complex problem with both short-term and long-term risks. Regulations that regulate natural resource utilisation activities serve as preventive and repressive steps for environmental issues. Environmental law is a form of government concern for complex environmental problems, through law enforcement that can be pursued through administrative, criminal, and civil law. Therefore, this research aims to find out and understand environmental law enforcement efforts through legal aspects. This research type is normative legal research. In normative legal research using statutory, conceptual, historical, and comparative approaches. In supporting this research, 2 sources of legal materials are used, such as (1) primary legal sources, which consist of parliamentary legislation, subordinate legislation, judicial decisions and reported tribunals; (2) secondary legal sources, such as all legal literature that is not a formal memorandum of law (encyclopaedias, case summaries, textbooks, journals, dictionaries, indexes and bibliographies). This research indicates that in the enforcement of civil environmental law, there are litigation and non litigation. In addition, the settlement of disputes can be conducted through condemnatory verdicts, declaration verdicts, and constitutief verdicts. In civil law, legal sanctions can be an obligation to fulfil achievements (obligations) associated with the requirements of obligations according to Article 1365 BW (Civil Code).
THE INVESTIGATION OF CRIMINAL NEGLIGENCE AGAINST VICTIMS OF KANJURUHAN TRAGEDY Rosmaya, Ina; Tjahjadi, Mochammad Rafly
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i4.395

Abstract

The Criminal Code does not formally define the meaning of negligence or forgetfulness. Then, the definition of negligence must be obtained from the opinions of criminal law experts and serve as a basis for defining the negligence itself. However, the Criminal Code stipulated the negligence in Article 359 and Article 360 of Criminal Code that distinguishes the result of negligence itself. Article 359 of Criminal Code explains the negligence that causes human mortality, and Article 360 of Criminal Code explains the negligence that causes serious injury to the victims. This research aims to determine the causes of Kanjuruhan Malang tragedy, who should be responsible for it, and the efforts to prevent the recurrence of the tragedy itself.  This research is an empirical approach to the problem in accordance with the law that lives in society, as well as collected legal materials that are analyzed using qualitative methods, that produces descriptive information analysis. The results of this research indicate that organizing committee and the security have been negligent by making some mistakes that cause a lot of material and immaterial losses for the supporters. The organizing committee has neglected by not regulating the safety and security of the match according to PSSI regulations. Moreover, Security Officer Steward is negligent by not preparing a risk assessment document according to PSSI Regulations.
COMPARISON OF INVESTMENT AGREEMENT LEGALITY USING BITCOIN MEDIA IN INDONESIA Evryansyah, Muhammad Bilal; Wahjuningati, Edi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i4.399

Abstract

There has been a huge growth in the value of bitcoin in Indonesia, especially during late 2017. Many people are interested and aware of this phenomenon related to Bitcoin that operates only as a digital system and has no physical existence. This research will further discuss Bitcoin as an investment agreement object. This research uses a normative legal research method with a conceptual approach that refers to the law. This research aims to determine and analyze the comparison of the validity of investment agreements that use Bitcoin as an investment object in several countries. In addition, to find out and analyze the legal protection of the parties who make Bitcoin buying and selling transactions using the Indodax website facility under Indonesian law. The results of this research indicate that there are differences of legal basis to regulate Bitcoin transaction agreements between El Salvador and Indonesia. In El Salvador, the Bitcoin Law is set as the legal basis for regulating Bitcoin transaction agreements. Whereas in Indonesia, the legal basis for regulating Bitcoin transaction agreements is the Commodity Futures Trading Supervisory Agency Regulation No. 5/2019 concerning Technical Provisions for the Implementation of the Crypto Asset Physical Market on the Futures Exchange.

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