cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Risqi Maydia Putri,
Contact Email
admin@jfpublisher.com
Phone
+6281358580584
Journal Mail Official
admin@jfpublisher.com
Editorial Address
GRAHA INDAH E-11 Gayung Kebonsari, Gayungan, Surabaya, East Java. 60235
Location
Kota surabaya,
Jawa timur
INDONESIA
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
 6   7   8   9   10 
BANK CUSTOMER PROTECTION IN ACCOUNT BLOCKING FROM LEGAL PERSPECTIVE ON EXECUTION SEIZURE REQUESTS AND BANK SECRECY Novyanti, Ni Wayan Regina; Kosasih, Prof. Dr. Johannes Ibrahim; Wesna, Dr. Putu Ayu Sriasih
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.608

Abstract

Banking business actors must maintain the level of health of their banks by applying the Precautionary Principle which is also directly related to the application of the Bank Secrecy Principle, which if the bank has neglected to apply the Bank Secrecy Principle, there is a potential loss that will be experienced by both customers and banking business actors themselves so that it can endanger the health of the bank itself. This study aimed to evaluate the legal protection for bank customers in the context of bank account blocking, with focus on the principles of bank secrecy. This study employed a normative legal methodology, using statutory and conceptual approaches. The data collection was conducted through library-based research. The findings indicated that according to the regulations stipulated in the Financial Services Authority Regulations (POJK) No. 1/2013 and No. 1/2014, bank customers who feel aggrieved have the right to file an internal complaint to the bank and seek resolution through dispute resolution. Moreover, bank customers are also allowed to file a lawsuit against the bank under Article 1365 of the Civil Code and file a lawsuit against an execution decision (verzet) as outlined in Article 195, Paragraph (6) of the Herzien Inlandsch Reglement (HIR) if the account blocking resulted from execution seizure request.
OWNERSHIP OF LAND RIGHTS BY FOREIGNERS USING THE NAME OF INDONESIAN CITIZENS Manuaba, Ida Ayu Sintya Naraswari; Setyawati, Dr. Ni Komang Arini; Puspadma, Dr. I Nyoman Alit
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.611

Abstract

National land law prohibits land ownership by foreigners, in accordance with Article 9 of the Agrarian Law, which states that only Indonesian citizens can own property rights to land. Meanwhile, Article 26 Paragraph (2) of the Agrarian Law also prohibits the transmission of land ownership rights from Indonesian citizens to foreigners, either directly or indirectly. However, many foreigners control land through certain agreements made before a notary or PPAT. This research is intended to determine and evaluate the validity of land rights acquisition by foreigners and the legal consequences of such acquisition if certain agreements are used. The research method in this research uses a normative legal approach, which focuses on examining legal norms and analyzing library materials to examine the application of positive law. This research indicates that even though formally land ownership by foreigners can be considered legal, it violates Article 26 Paragraph (2) of the Agrarian Law because it is an indirect way to transmit property rights to foreigners. As a legal consequence, land ownership by foreigners through certain agreements is considered null and void, as evidenced in Gianyar District Court Decision Number 259/Pdt.G/2020/PN.Gin because it does not fulfill the objectual requirements under Article 1320 of the Civil Code.
PROBLEMS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF PRODUCTION AND DISTRIBUTION OF OPLOSAN IN EAST JAVA REGIONAL POLICE Suroso, Dr. Imam; Jamil, Dr.; Razak, M. Abdul; Ramadhina, Nabila Fitra
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.642

Abstract

The low purchasing power and high cost of legal alcoholic beverages in Indonesia has led to an increase in the demand for locally produced oplosan (mixed) alcoholic beverages. This phenomenon is a serious concern for law enforcement officials, particularly in the East Java Regional Police, considering the significant increase in the manufacture and distribution of oplosan. Despite this, the sale of legal alcoholic beverages remains quite common and high. This research aims to identify the various challenges faced by law enforcement in prosecuting perpetrators responsible for the production and distribution of oplosan. Using empirical research methodology and in-depth interviews with law enforcement officials at the East Java Regional Police, this research revealed significant difficulties in enforcing the law against this illegal practice. The findings of this research revealed that consuming illegal alcoholic beverages, such as oplosan, poses a high health risk to the people who consume them. Strict laws on alcohol consumption and the low price of oplosan have led to an increase in its sale. The production and distribution of oplosan is regulated by criminal law in Indonesia, with severe sanctions for violators. Despite the legislative framework aimed at protecting the public, law enforcers in the East Java Regional Police face obstacles, such as geographical factors, the common drinking culture, economic issues, and the lack of consequences for violators.
THE IMPLEMENTATION OF LEGAL NORM AGAINST DRUGS ABUSE OF DOUBLE L PILLS AT TANJUNG PERAK PORT POLICE SURABAYA Sumaryanto, Dr. A. Djoko; Sholehuddin, Dr. M.; Sugiharto, Dr.; Naibabo, Bryan
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i3.646

Abstract

Legal norms are rules that regulate people's behavior based on good and bad values, and determine what is permissible, recommended, or mandatory in a social context to maintain order. Regarding drug abuse, such as Double L pills that are often used without a authorization, Indonesia's Health Law No. 17/2023 regulates sanctions for illegal pharmaceutical activities and violations of safety standards, with a maximum penalty of 12 years in prison and a fine of up to IDR 5 billion for serious cases. This research aims to understand and analyze the implementation of the law and criminal liability related to the abuse of dangerous drugs, especially double L pills, in the Tanjung Perak Port Police area of Surabaya. The research uses a normative juridical method with a statutory and case study approach. The legal materials used include primary, secondary, and tertiary materials, which are collected and analyzed in a qualitative method. The results are presented descriptively for the easy understanding of the readers. The Tanjung Perak Port Police Narcotics Unit enforces legal standards according to Indonesian Health Law No. 17/2023 and the Criminal Code, as seen in case No. 950/Pid.Sus/2024/PN Sby, where the defendant was charged under Article 436 and Article 145 of the same law. However, challenges such as limited personnel, inadequate facilities, low public awareness about drug laws, and the vast Surabaya area complicate efforts to control drug distribution networks effectively.
COMPARATIVE STUDY OF THE DOCTRINE OF REPUDIATION OF CONTRACT IN THE CONTRACT FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND THE TERMS OF CANCELLATION IN THE CIVIL CODE Setiasih, Herma; Haryadi, Wahyu Tris; Rosmaya, Ina; Ardhana, Annisa Sofia
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.649

Abstract

In International Civil Law, several types of breach can be found, one of which is anticipatory breach. The term anticipatory breach has its roots in the concept of repudiation, which covers a wider range of refusals. Repudiation includes not only anticipatory breach, but also every form of refusal to fulfill contractual obligations, both before and after the contract period begins. Anticipatory breach refers to actions that indicate one party's intention not to fulfill its contractual obligations to the other party. This research aims to analyze how the Contract for the International Sale of Goods or CISG and the Civil Code regulate the return of rights for breach committed by one of the parties. The method applied is normative juridical research with statute and comparative approach. The findings of this research indicated that validity of an agreement under Article 1320 of the Civil Code requires an agreement, capacity, a specific object, and a lawful cause. If these subjective and objective conditions are unmet, or if there is a breach causing harm, the agreement may be canceled, but only through a court decision as per Article 1266. Repudiation, the refusal to fulfill an agreement, has two models: the mirror image model and the differentiated model, which assess potential future losses. In international civil law, anticipatory breach, a concept linked to repudiation, is covered in Articles 71-73 of the CISG.
DISCIPLINARY ACTIONS UNDER THE POLICE CODE OF ETHICS FOR OFFICERS INVOLVED IN ADULTERY: A Case Study of the Police Code of Ethics Commission Decision No. PUT/11/XI/HUK.12.10/2023 Yahman, Yahman; Efendi, Jonaedi; Karim, Karim; Anjani, Shella Devita
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.680

Abstract

This research paper addresses the significant issue of disciplinary actions under the Police Code of Ethics concerning officers involved in adultery. The problem is particularly pressing for the Indonesian National Police, as such ethical violations not only undermine the integrity of the institution but also erode public trust and confidence in law enforcement. The study aims to explore the implications of enforcing disciplinary measures for adultery among police members and to identify preventive strategies to mitigate such violations. The research employs a normative juridical methodology, focusing on the implementation of existing legal norms and regulations related to police discipline. This approach involves a thorough examination of formal legal rules, including relevant laws and literature that provide theoretical insights into the subject matter. By correlating these legal frameworks with the issues at hand, the study seeks to provide a comprehensive understanding of how ethical violations are addressed within the Indonesian National Police. The findings reveal that despite the existence of regulations, violations of discipline and ethics, such as adultery, continue to occur frequently among police officers. Factors contributing to this issue include low legal awareness among officers and the influence of their social environment, which weakens the enforcement of discipline. The research suggests several solutions, including enhancing the quality of Police Internal Affairs Investigators, increasing awareness and compliance among police members, and fostering public understanding of disciplinary law enforcement as a means of promoting transparency and accountability.
GAMBLING CHARACTERISTICS PURSUANT TO CRIMINAL LAW RELATED TO BINOMO APPLICATION Sadjijono, Prof. Dr. Sadjijono; Moersidin, Murry Darmoko; Prasetyo, Dr. Dossy Iskandar; Catalina, Jane
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.684

Abstract

Binomo is an online trading platform that provides a wide selection of assets to trade (foreign currencies, gold, and stocks). The Binomo application shows a graphic display (chart) where the chart displays the price movement of an asset. The purpose of this study is to determine the characteristics of gambling in Indonesian criminal law and analyze the Binomo application in the perspective of gambling crime. This research is a type of normative research that describes in detail the social phenomena that are the subject matter in everyday life associated with using a statutory approach. The results of this study indicate that the characteristics of the Binomo application have fulfilled the elements of gambling in Article 27 Paragraph 2 of the Electronic Information and Transactions Law because of the element of intentionally making accessible Electronic Information and/or Electronic Documents that have gambling content. This is proven by the existence of the Binomo website which is categorized as an electronic document and contains gambling characteristics, namely guessing with a deposit as a bet and can be accessed by the public easily.
REMISSION POLICY FOR CORRUPTION PERPETRATORS IN THE PERSPECTIVE OF JUSTICE Rijadi, Prof. Dr. Prasetijo; Sushanty, Vera Rimbawani; Ngaisah, Siti; Rafli, La Ode
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.685

Abstract

Corruption is recognized as an extraordinary crime that poses significant challenges to governance and justice systems. The remission policy for corruption perpetrators often raises concerns regarding its alignment with the principles of justice, as it can be perceived as undermining the severity of corruption offenses. This research addresses the critical question of how remission policies can coexist with the values of justice, particularly in the context of Indonesia's legal framework. The primary aim of this research is to explore the legal norms surrounding the remission policy for corruption perpetrators from a justice perspective. It seeks to analyze whether the existing policies uphold the principles of fairness and justice as articulated in the Indonesian Constitution and the state ideology of Pancasila. This research employs a normative legal research methodology, utilizing secondary data such as laws and legal theories. Two key approaches are applied: a statutory approach, which interprets legal norms within existing legislation, and a philosophical approach, which delves deeply into the theoretical underpinnings of justice. The findings indicate that while remission can be viewed as a human right and a potential reward for good behavior, its application must be strictly regulated to maintain public trust and uphold justice. The research emphasizes that remission policies should be grounded in solid legal foundations and should incorporate principles of community justice to ensure that they do not compromise the fight against corruption.
LEGAL PROTECTION OF FOOTBALL MATCH SPECTATORS IN INDONESIA: A Case Study of the Kanjuruhan Tragedy Wahyudin, Ahmad Fahmi; Prasetyo, Dossy Iskandar
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.737

Abstract

In a soccer match, the presence of spectators plays an important role as encouragement for the team. Spectator support, whether playing at home or away, has proven effective in boosting the players' morale. However, in some cases, rivalry between spectators may lead to anarchic actions that lead to riots. The Kanjuruhan tragedy on October 1, 2022 at Kanjuruhan Stadium, Malang, became one of the worst incidents in Indonesian football history. The riot involving police officers and spectators caused 135 casualties, all of whom came from the spectators. This research analyzes the legal protection for spectators in holding football matches. The research method used is normative research with a statutory and conceptual approach. Juridically, the spectators hold civil rights against the organizers of the match. In addition, they are also protected as consumers and guaranteed security and safety by the state through various regulations. If there is a violation of these rights, either by the organizers or police officers, legal action can be taken in accordance with applicable regulations. Based on the research findings, legal protection for spectators is regulated in the Consumer Protection Law and the Sports Law. In the Kanjuruhan case, the court decision has stated that the police officers involved were guilty and sentenced to criminal sanctions.
THE ROLE OF GLOBALIZATION IN LEGAL REFORM IN INDONESIA Trisnanti, Ines Lovitya; Amelia, Mays; Sushanty, Vera Rimbawani
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.746

Abstract

Globalization has had a major impact on various aspects of life, including criminal law. In Indonesia, this has prompted the need for criminal law reform to respond to global challenges, such as the integration of international law, the development of information technology, and increased cooperation in law enforcement across countries. The aim of this research is to determine the impact of globalization on legal reform in Indonesia. This study uses a normative legal method with a descriptive approach to evaluate the influence of globalization on criminal law reform in Indonesia. The findings show that globalization affects regulation, legal implementation, and encourages harmonization of national law with international standards. Globalization also has an impact on regulations in the fields of investment, trade, and other economics, and raises challenges such as cybercrime and misuse of technology. This requires legal reform to be more adaptive and relevant. The development of information technology creates new challenges in the form of digital crimes that have not been adequately regulated in national law. Therefore, legal reform is needed to accommodate these developments and maintain the effectiveness of the legal system. This study emphasizes the importance of synchronizing national law with global dynamics, without ignoring the local social and cultural context.

Page 8 of 10 | Total Record : 100

 6   7   8   9   10 

Filter by Year

2022 2025


Reset
Filter By Issues
All Issue [IN PRESS] Vol. 4 Issue 4 (2025) Vol. 4 Issue 3 (2025) Vol. 4 Issue 2 (2025) Vol. 4 Issue 1 (2025) Vol. 3 Issue 4 (2024) Vol. 3 Issue 3 (2024) Vol. 3 Issue 2 (2024) Vol. 3 Issue 1 (2024) Vol. 2 Issue 4 (2023) Vol. 2 Issue 3 (2023) Vol. 2 Issue 2 (2023) Vol. 2 Issue 1 (2023) Vol. 1 Issue 4 (2022) Vol. 1 Issue 3 (2022) Vol. 1 Issue 2 (2022) Vol. 1 Issue 1 (2022) More Issue