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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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THE IMPERATIVE OF STATE FINANCIAL RESTITUTION IN ANTI-CORRUPTION ERADICATION MEASURES Putra, Muhamad Gempa Awaljon; Usman, Dr. Usman; Satoto, Prof. Dr. Sukamto
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.476

Abstract

Corruption is defined as a white-collar crime that mostly affects public authorities. In addition, corruption is categorized as an outstanding crime because it obstructs the people’s economy and national development. Uncontrollable corrupt practices will have a comprehensive impact on a country’s government system and can serve to further disrupt future governance. Therefore, the restoration and return of state financial losses from corruption is a high priority in upholding legislation and penal law in Indonesia. The objective of this research is examine several corruption crimes in Indonesia, their eradication efforts, and state governments’ attempts in restitution of state financial losses caused by corruption offenses. A normative juridical research method was used in this research, combined with legislative approach, case approach, comparison approach, and theoretical approach.  The research concluded that corruption offenses are divided into seven categories of offenses that can lead to losses of state finances. The eradication of on Indonesia's corruption has been realized since the New Order until now.
ENVIRONMENTAL LAW ENFORCEMENT REGULATIONS REGARDING PRODUCER OBLIGATIONS IN WASTE MANAGEMENT IN INDONESIA Hardi, Kresensia Angelica; Senastri, Dr. Ni Made Jaya; Wiryani, Dr. Made
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.497

Abstract

Waste management in Indonesia is still an unresolved matter that deserves to be studied. This research aims to analyze the sanctions arrangements and its legal implications for producer responsibilities in managing waste in Indonesia. This research constitutes normative research which combined with primary and secondary legal sources which are then analyzed qualitatively. There are several regulations that have a correlation with this research, which are The Waste Management Law of 18/2008, along with Government Regulation 81/2012 concerning the Handling of Household Waste and Similar Waste, Presidential Regulation 97/2017 regarding the National Policy and Strategy for Managing Household and Similar Waste, and Minister of Environment and Forestry Regulation 75/2019 outlining the Roadmap for Producers to Reduce Waste, are significant legislative measures in waste management. The findings of this research indicated that the waste management obligations by producers in Indonesia have been regulated in laws and regulations, but have not been provided with sanction arrangements, which have had legal uncertainty implications on environmental law enforcement related to the legal basis for applying sanctions and legal uncertainty about the jurisdiction of both the central and regional administrations in law enforcement against producer obligations in managing waste in Indonesia.
LEGAL PROTECTION FOR INVESTORS AND BUSINESS ACTORS WHO HAD THOROUGH BANKRUPTCY DUE TO FORCE MAJEURE IN MICRO, SMALL, AND MEDIUM ENTERPRISES (MSMES) Dewi, Gusi Ayu Arya Anindyanari Auliani; Mahendrawati, Ni Luh Made; Styawati, Ni Komang Arini
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 1 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i1.499

Abstract

This research examines the legal protection provided to investors and business actors regarding bankruptcy caused by force majeure in micro, small and medium enterprises (MSMEs). Force majeure is a condition beyond control that may lead to the inability to fulfill financial obligations. The primary objective of this research is to examine the existing legal protection mechanisms for investors and MSME businesses in handling bankruptcy situations caused by force majeure. Through a normative law approach and literature study, this research investigates the legal framework governing the responsibilities and protections for investors and MSME businesses against force majeure. The research findings are expected to provide a better comprehension of the legal measures that can be taken to protect the interests of investors and MSME businesses in handling the risk of bankruptcy due to force majeure. Although there are several regulations that provide a framework to protect investors and MSME businesses in bankruptcy situations, implementation and enforcement often causes challenges. Hence, it is significant to have more active endeavors from the government, financial institutions, and other stakeholders to strengthen legal protection for investors and MSME businesses in handling the risk of bankruptcy due to force majeure.
THE EVIDENTIAL SYSTEM FOR THE NON-PHYSICAL OFFENSE OF SEXUAL HARASSMENT Hakki, Abdillah; Sadjijono, Prof. Dr.
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i2.547

Abstract

Non-physical sexual harassment is not only about catcalls or whistling, but also includes sexual comments, commenting on body shape, flirting with affectionate words of a sexual nature, and showing vital organs constantly. Victims of verbal harassment are often frightened to report due to the lack of response from the community and law enforcement, and the lack of legal certainty. Verbal harassment victims are usually women, but can also be men or gay people. This research aims to increase the awareness of students and the public about sexual harassment cases, so that it is expected that there will be protection and resolution for cases of non-physical sexual harassment. This research uses a normative legal research method, which discusses legal principles, comparative law, legal history, and laws related to the crime of sexual harassment. The results of the analysis indicate that non-physical sexual harassment is verbal abuse in the public that can be committed by men or women by flirting, complimenting, or making sexual gestures to attract the victim’s interest. Sexual harassment, both physical and non-physical (verbal), targets the sexual organs or sexuality of the victim and must be resolved so that there are no more victims. It is expected that with the Sexual Harassment Law, the process of resolving and proving cases of sexual violence can be facilitated.
CONSPIRACY CRIME IN DRUG OFFENSES: DECISION STUDY NUMBER 277/PID.SUS/2022/PN.MJK Mas'oed, Wahyu Bagus Putra; Rijadi, Prof. Dr. Prasetijo
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i2.549

Abstract

Drug-related conspiracy is an act committed by some individuals who cooperate or concur to conduct, assist, or support drug-related activities. These activities can include ordering, encouraging, facilitating, consulting, or becoming a member of a drug syndicate. All of this is regulated in Law No. 35/2009 on Drugs. This research aims to find out about the legal application by judges in the Mojokerto District Court and Surabaya High Court in drug conspiracy cases. The research method used is the normative method, which examines each element of the drug-related crime of class I methamphetamine. The results showed that the Mojokerto District Court and Surabaya High Court imposed sentences in accordance with Article 114 Paragraph (1) in appropriate with Article 132 Paragraph (1) of the Law No. 35/2009 on drugs. The conclusion of this research emphasizes the need for more assertive and comprehensive law enforcement in handling cases of drug-related criminal conspiracy. Recommendations are also provided to integrate efforts between law enforcement authorities and intensify preventive efforts through education and socialization of the dangers of narcotics.
JURIDICAL ANALYSIS OF LAW NO. 42/1999 WITH CONSTITUTIONAL COURT DECISION NO. 18/PUU-XVII/2019 ON MOTOR VEHICLE WITHDRAWAL BY DEFAULTING DEBTORS Ermita, Yeni; Sumaryanto, Dr. A. Djoko
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i2.553

Abstract

Motor vehicles are often confiscated by people who do not repay debts, and are occasionally subjected to violence or threats from debt collectors. Meanwhile, Law No. 42/1999 Article 15 stipulates that the withdrawal can be self executed. However, Constitutional Court Decision No. 18/PUU-XVII/2019 states that execution must go through the courts, which leads to differences in interpretations. Some interpreted the withdrawal to require a judicial process, while others argued that it could be done on their own, which led to forced withdrawals by debt collectors. Therefore, this research is conducted to  analyze the juridical implications of Law No. 42/1999 on Fiduciary Guarantee regarding the Constitutional Court Decision No. 18/PUU-XVII/2019, which specifically discusses motor vehicle withdrawals by creditors against defaulting debtors. A normative juridical approach with qualitative analysis was chosen to obtain an in-depth and accurate understanding of the legal issues discussed. The approaches used in this research are statute approach and case approach. The result of this research is in Decision No. 18/PUU-XVII/2019, the Constitutional Court reviewed and reinterpreted Article 15 Paragraphs (2) and (3) of Law No. 42/1999 on Fiduciary Guarantee. The Court found that the law allowed for arbitrary actions by creditors, causing injustice to debtors. The decision mandated that the execution of collateral, such as the withdrawal of a motor vehicle, must be done through a District Court decision rather than unilaterally by the creditor.
THE EFFECTIVENESS OF REGIONAL REGULATION NO. 6/2012 ON WASTE MANAGEMENT AND RETRIBUTION FOR DISPOSAL OR SANITATION SERVICES Sushanty, Vera Rimbawani; Ambarsari, Linda Ariska
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i2.561

Abstract

The issue of waste management in Indonesia is a persistent environmental issue. Waste is any unwanted material from human activities. Waste management means planned, comprehensive, and sustainable activities that include waste reduction and management. This research aims to examine the effectiveness of implementing Sidoarjo Regional Regulation No. 6/2012 on Waste Management. The research method used is the empirical method, which analyzes the law based on community behavior using field data, interviews, and observations. The results indicated that the implementation of Sidoarjo Regional Regulation No. 6/2012 on Waste Management has not been effective because some elements in the theory of legal effectiveness have not been complied with, such as minimal public understanding of the regulations, suboptimal law enforcement, inadequate facilities and infrastructure, relatively low public awareness, and cultural factors.
LEGAL POLICY ON EXHIBITIONISM THROUGH VIDEO CALL-BASED SOCIAL MEDIA REVIEWED FROM THE INFORMATION AND ELECTRONIC TRANSACTIONS (IET) LAW Suarsika, I Komang; Wiratny, Ni Ketut; Sihotang, Erikson
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 2 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i2.576

Abstract

The advancement of information technology has significantly impacted society, transforming conventional crimes into cybercrimes using computers and the internet. One such example is exhibitionism via video call-based social media. This act is not yet specifically addressed in the Information and Electronic Transactions (IET) Law. Applying Article 27 Paragraph (1) of the IET Law, which deals with indecent acts, does not cover this scenario as it lacks the "known to the public" element, creating a legal gap. Consequently, two issues arise: the legal regulation of exhibitionism in Indonesia and the legal policy considerations for exhibitionism through video call-based social media under the IET Law. This normative research employs legislative, conceptual, and historical approaches, drawing from primary, secondary, and tertiary legal materials collected through library research. The materials are analyzed using descriptive, systematization, construction, argumentation, and evaluation techniques. To address this legal gap, policy reforms in criminal law are necessary. Amending Article 27 Paragraph (1) of the IET Law to include "to another person without the consent or desire of that person" is essential. This amendment would allow the prosecution of exhibitionism via video call-based social media, ensuring legal certainty and protection for victims, particularly women and children.
JURIDICAL ANALYSIS OF DEFAULT RESOLUTION IN COOPERATION CONTRACT FOR FIBER OPTIC CABLE ACQUIREMENT (DROP CABLE) Wijayani, Putu Megabalinda Pradnya; Wesna, Dr. Putu Ayu Sriasih; Utama, Dr. I Wayan Kartika Jaya
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.605

Abstract

A contract is an agreement between two or more people, where they promise each other to do something. An agreement is made by two parties who need each other and agree to comply with respective obligations. Default occurs when one of the parties does not implement or is negligent in fulfilling the obligations agreed upon in the agreement. This research is concerned about the forms of cooperation contract for fiber optic cable acquisition (drop cable) between PT Fibeart Trans Network and PT Jagat Karya Putra Indonesia, and its legal consequences based on Court Decision Number 195/PDT.G/2023/PN JKT.SEL. This research uses normative legal research methods, to provide a legal basis in determining whether a certain situation is true or false and the consequences of default under the law. This fiber optic cable cooperative contract was legally made by parties who have legal capacity, with a halal causa, and was written in a writing affixed with a statement letter by a notary on December 11, 2021. Based on Court Decision Number 195/Pdt.G/2023/PN JKT.SEL, both parties have agreed to purchase and sell fiber optic cables, but PT Jagat Karya Putra Indonesia did not fulfill its obligation to pay the remaining payments to PT Fibeart Trans Network, which caused them to default.
LEGAL CONSEQUENCES OF DEPOSITED FUNDS TO PUBLIC NOTARY BEFORE PREPARATION OF SALES AND PURCHASE AGREEMENT: A Case Study of Supreme Court Decision Number 508 K/PID/2017 Jayanti, Ni Nyoman Tri; Wesna, Dr. Putu Ayu Sriasih; Puspadma, Dr. I Nyoman Alit
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.607

Abstract

Depositing funds to the notary before the preparation of the Sales and Purchase Agreement (PPJB) is a common property transaction in Indonesia. It ensures the safety of the funds prior to the final agreement between the buyer and seller. However, there are legal risks associated with the management and use of these funds, especially if there is a dispute or a violation of the agreement. This research analyzes the legal consequences of entrusting funds to a notary by examining the case of Supreme Court Decision Number 508 K/PID/2017. This decision provides important insights into the responsibilities and obligations of notaries in the context of fund entrustment and its legal implications for the parties involved. This research aims to analyze the legal consequences of deposited money to public notary before making a land sale and purchase agreement. This research uses a normative method through legal approach and legal concept analysis. Data was obtained from relevant regulations and legal literature. The results indicated that if a notary receives money before the agreement is made, he/she acts outside his/her authority as a notary and only as a trustee. If there is any misuse of the money, the notary can be charged with embezzlement under Article 372 of the Criminal Code. This dispute can be resolved through legal channels (litigation) or negotiation and mediation (non-litigation). Depositing funds with a notary before the sale and purchase agreement can have serious legal consequences if it does not fulfill the correct procedure, as shown in Supreme Court Decision Number 508 K/PID/2017.

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