Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
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.
Articles
100 Documents
<![CDATA[LEGAL REVIEW OF INFRINGEMENT PROSECUTION UNDER GOVERNMENT REGULATION OF INDONESIA NO. 80/2012 THROUGH TELEGRAM LETTER OF THE HEAD OF INDONESIAN NATIONAL POLICE NO. ST/2264/X/HUM.3.4.5./2022 ]]>
<![CDATA[Putra, Erki Maulana]]>;
<![CDATA[Sholehuddin, Dr. M.]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023) ]]>
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DOI: 10.56943/jlte.v2i4.404
<![CDATA[The issuance of the telegram letter of the Head of Indonesian National Police No. ST/2264/X/HUM.3.4.5/2022, on 18 October 2022, has an impact on traffic law enforcement. The letter prohibits police officers from manually ticketing traffic violators. After the issuance of the letter, there was a norm conflict with Government Regulation No. 80/2012. This research aims to determine the legal authority between policies and regulations and legal protection for police officers who are proven to use the manual ticketing system after the issuance of the National Police Chief's telegram letter. This research is a normative legal research, which is a type of research that examines documents with various secondary data such as court decisions, legal theories, laws, and regulations. The findings of this research indicate that the Government Regulation has a higher position than the Chief of Police's telegram letter. Therefore, members of the Indonesian National Police who are still detected conducting manual ticketing can obtain legal protection because National Police Chief Regulation No. 14/2011 explains that every member of Indonesian National Police who is a subordinate is obliged to refuse superior orders that are contrary to legal norms.]]>
<![CDATA[LEGAL IMPLICATIONS OF UNLAWFUL ACTS OF BUILDING ON FREEHOLD LAND AS DEBT COLLATERAL ]]>
<![CDATA[Megawati, Charisma]]>;
<![CDATA[Sugiharto, Dr.]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023) ]]>
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DOI: 10.56943/jlte.v2i4.407
<![CDATA[Land and buildings are objects that play a crucial role and become basic needs in human life. Considering the great role of land rights, Law No. 5/1960 (Basic Agrarian Law) and its implementing regulations were enacted. Land ownership rights can be used as debt collateral encumbered by mortgage rights. In the process of transferring land ownership rights, legal actions are carried out. Legal actions that cause harm, contrary to laws and regulations, and the rights of others are categorized as unlawful acts (onrechtmatige daad). In the process of transferring land rights, an unlawful act may occur by constructing a building on the land of property rights. This normative juridical research examines positive legal materials using statutory, conceptual, analytical, and case study approaches. This research aims to determine the factors that cause unlawful acts by constructing buildings on property rights and the settlement of land disputes over property rights. The findings of this research revealed that the proof of title to the land of the Appellant (originally the Plaintiff) was valid and under the provisions of Law No. 5/1960 and Government Regulation No. 24/1997. However, the Appellant filed an exception regarding the lack of parties (plurium litis consortium) claim. The court of judges at the appellate level accepted the lawsuit without delving back into the proof of the subject matter. Thus, the judges only reached the exception of Appellant I and Appellant II.]]>
<![CDATA[DISPUTE RESOLUTION RELATED TO THE DETERMINATION OF COMPENSATION PRICE IN LAND ACQUISITION FOR PUBLIC INTEREST OF WONOKROMO - JOMBANG DOUBLE TRACK RAILWAY ]]>
<![CDATA[Elvira, Anita Jihan]]>;
<![CDATA[Yahman, Dr.]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023) ]]>
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DOI: 10.56943/jlte.v2i4.411
<![CDATA[Land acquisition for development in the public interest is an act of acquiring land by providing compensation to the party releasing the land. This provision is regulated in Law No. 2/2012 on Land Acquisition for Development in the Public Interest. However, in practice, land acquisition activities often trigger conflicts regarding the provision of compensation. These conflicts often arise from disagreements that arise in providing the value of compensation provided by the appraisal team, as well as because the party releasing the land considers that the nominal compensation given is different from the value of the land. This research aims to examine the conflicts in land acquisition to identify the legal provisions used when granting compensation and the settlement of disputes over compensation in land acquisition to answer the problems that arise in every practice of land acquisition for the public interest. The method used in this research is juridical empirical based on field facts. The research findings revealed that the provision of compensation is not given based on the selling value of the tax object (NJOP), which is even below the market price. Therefore, it is necessary to review the legal rules in providing compensation for land acquisition, considering the importance of the existence of land for the public interest in ensuring the sustainability of human life.]]>
<![CDATA[LAW ENFORCEMENT AGAINST PERPETRATORS OF UNLICENSED GOLD MINING CRIME IN SANGIHE ISLANDS ]]>
<![CDATA[Susetyo, Tony Budi]]>;
<![CDATA[Amiq, Bahrul]]>;
<![CDATA[Prawesthi , Wahyu]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023) ]]>
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DOI: 10.56943/jlte.v2i4.413
<![CDATA[Law No. 4/2009 on Minerals and Coal prohibits unlicensed gold mining activities because they have a big potential impact on environmental damage. Therefore, strict law enforcement is needed against humans who are not aware of environmental damage. The main problem in this research is the criminal provisions and law enforcement against perpetrators of unlicensed gold mining in the jurisdiction of the Sangihe Islands Police, North Sulawesi. The objective of this research is to find out the law enforcement process against perpetrators of unlicensed gold mining crimes in the jurisdiction of the Sangihe Islands. The approach method used in this research is the sociological juridical approach method. The juridical sociological approach is a research approach that uses legal aspects (legislation and facts in the field) related to the subject matter to be discussed, associated with the reality in the field or examines the positive law of an object of research and sees the practices that occur there. There are many mining businesses in various regions in Indonesia that are managed by local communities. Unfortunately, although there are national regulations that regulate the mining business, there are still very many mines managed by the community that have the status of illegal mining because they do not have a license, either a Special Mining Business License (IUPK) or other permits.]]>
<![CDATA[LEGAL STATUS OF ARMED CRIMINAL GROUPS IN THE PERSPECTIVE OF INTERNATIONAL HUMANITARIAN LAW ]]>
<![CDATA[Asroflie, Moch Farrel]]>;
<![CDATA[Darmoko, Murry]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023) ]]>
Publisher : <![CDATA[jfpublisher ]]>
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DOI: 10.56943/jlte.v2i4.414
<![CDATA[The shooting case in Nduga Papua killed dozens of civilians. On December 1st and 2nd 2018, the civilians who working on Trans Papua bridge construction project become the victim to weapons by Free Papua Organization Armed Criminal Group (KKB-OPM). The purpose of this research is to answer the problems regarding armed conflict in Nduga Papua. The research method used in making this scientific journal is to use normative juridical methods that examines legal issues as well as provides a prescription regarding the examined case. This research will indicates the influence of power character with the shift based on Pancasila. Intially, Indonesia’s raison d’être was to liberate the colonized peoples from imperialism. Unfortunately, it reversed from that spirit that become into an imperialistic spirit in its implementation. By returning to its original spirit, Papua must be maintained as part of the sovereignty of Unitary State of Republic of Indonesia. The most prominent national security issues are terrorism, transnational security threats, and communal conflicts. Several preventive, repressive, and restorative legal solutions are necessary in order to confront the armed criminal groups and ensure their responsibility for the crimes committed.]]>
<![CDATA[SETTLEMENT OF DISPUTES OVER THE INHERITANCE PROPERTY DISTRIBUTION IN THE COMMUNITY OF JUWONO VILLAGE, NGANJUK ]]>
<![CDATA[Poespasari, Ellyne Dwi]]>;
<![CDATA[Helmi, Hanum Rahmaniar]]>;
<![CDATA[Soelistyowati, Soelistyowati]]>;
<![CDATA[Sumedi, Muhammad]]>;
<![CDATA[Erlangga, Afga Samudera]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023) ]]>
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DOI: 10.56943/jlte.v2i4.415
<![CDATA[Inheritance disputes in the community of Juwono Village, Kertosono, Nganjuk, East Java, occur because there are several family parties who perceive that the distribution of inheritance has not been fair or not getting any part of the inheritance divided by the inheritor. This disagreement can lead to disputes among family members. This research aims to find out the fair inheritance distribution in Juwono Village community and its settlement. This research is a socio-legal research with an analytical descriptive approach. The results of this research indicated that inheritance distribution disputes that often occur in Juwono Village are disputes related to widows, widowers, biological children, adopted children, extra-marital children, and stepchildren who do not get the share of inheritance that has been determined by inheritance law. If the inheritance distribution dispute cannot be resolved through deliberation within the family or with the help of village officials, then the parties can file a lawsuit to the court.]]>
<![CDATA[THE RECOGNITION AND RIGHTS PROTECTION FOR BATIN SEMBILAN COMMUNITIES OVER CUSTOMARY TERRITORY AND NATURAL RESOURCE MANAGEMENT ]]>
<![CDATA[Manik, Herlina]]>;
<![CDATA[Suhermi, Suhermi]]>;
<![CDATA[Sasmiar, Sasmiar]]>;
<![CDATA[Herlina, Nelli]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 2 Issue 4 (2023) ]]>
Publisher : <![CDATA[jfpublisher ]]>
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DOI: 10.56943/jlte.v2i4.429
<![CDATA[Conflicts over land tenure and other sources of natural resources have been persistent for a long time and have led to a process of structural poverty; the loss of local wisdom in managing natural resources; and even the elimination of communities from their living space. Although there are many policies that contain recognition of indigenous peoples’ rights, recognition of rights to customary territories has never existed and evictions of the Batin Sembilan community still continue. The specific objectives that researchers want to achieve in this research are to examine and analyze the existence of Batin Sembilan community; and analyze the mechanism of recognition and protection of the community there in managing natural resources. This research combines qualitative research through primary data collection from the field, making observations, while also using secondary data, especially related to government policies, regulations and programs to provide a general understanding of the real conditions faced by the Batin Sembilan community. Based on the results of this research, it is expected to generate findings regarding the mechanism for recognizing and protecting the rights of Batin Sembilan people to customary territories and natural resource management.]]>
<![CDATA[HUMAN RIGHTS PERSPECTIVE ON IMPLEMENTING PRESIDENTIAL THRESHOLD IN INDONESIA ]]>
<![CDATA[Kuswanto, Kuswanto]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024) ]]>
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DOI: 10.56943/jlte.v3i1.463
<![CDATA[The current presidential election system has a threshold that must be met before being nominated as president and vice president. In Indonesia, the implementation of the presidential threshold concept began following the amendment of the 1945 Constitution, in which the President and Vice President are directly elected through public elections. This research aims to identify the implementation of the Presidential Threshold in Indonesia and the guarantee to fulfill human rights in its implementation. This research applies a normative juridical research method that discusses issues regarding the implementation of the presidential threshold and the extent to which human rights contribute to the presidential threshold in Indonesia. The findings of this research suggest that the implementation of the presidential threshold in the presidential and vice presidential elections is not considered a violation of human rights. Since human rights applied in Indonesia are not absolute human rights, the objective of implementing presidential thresholds in Indonesia is to generate leaders who receive majority political support to strengthen the presidential system. As a result, the government system is not prone to change.]]>
<![CDATA[UNDERSTANDING LAW ENFORCEMENT IN THE PERSPECTIVE OF EXPEDIENCY AND JUSTICE ]]>
<![CDATA[Yahman, Dr. Yahman]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024) ]]>
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DOI: 10.56943/jlte.v3i1.468
<![CDATA[The fundamental concept of law enforcement is to maintain order by maintaining the values of society with the norms outlined in the rule of law. This research aims to identify the rules and norms of law enforcement in Indonesia. This is normative juridical research combined with statutory and conceptual approaches. Based on the research results, it is concluded that from the subject perspective, law enforcement is defined as a particular law enforcement institution’s attempt to assure and ascertain that legal rules are implemented properly. Meanwhile, in terms of its object, law enforcement concerns the enforcement of formal written regulations. Furthermore, in implementing their tasks and authorities, legal authorities not only use certainty, but also equity and utility. In the perspective of the expediency approach, law enforcement officials use progressive positivism instruments, such as restorative justice as a method of legal resolution.]]>
<![CDATA[THE LAW DEVELOPMENT IN INDONESIA UNDER SOEKARNO’S PRESIDENCY (1950-1966) AND NEW ORDER REGIME (1966-1990) AND ITS RELEVANCE TO NATIONAL LAW DEVELOPMENT ]]>
<![CDATA[Sayuti, Ageng Triganda]]>;
<![CDATA[Simabura, Charles]]>
<![CDATA[ IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024) ]]>
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DOI: 10.56943/jlte.v3i1.470
<![CDATA[This research discusses the thoughts of Professor Soetandyo Wignjosoebroto as outlined in the book “Dari Hukum Kolonial ke Hukum Nasional” which discusses the development of socio-political dynamics in the development of law in Indonesia during the period of half a century (1840-1990). This research aims to identify the development of national law during the reign of President Soekarno, the development of national law during the reign of the New Order regime, and the relevance of the development of national law at the beginning of independence to the development of Indonesian law today. This is a normative juiridical research with statutory, case, comparative, and conceptual approach. The findings of this research indicate that the development of national law during the early years of independence was confronted with the desire to form a national law that was independent of colonial law and faced with legal certainty and development. The relevance of the law development at the beginning of independence with the current Indonesian law development suggests that law development cannot be separated from the existing values in the society.]]>
