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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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IMPLEMENTATION OF THE RESTORATIVE JUSTICE CONCEPT BASED ON POLICE REGULATION NO. 8 OF 2021 IN CRIMINAL OFFENSES Huroiroh, Ernawati; Sushanty, Vera Rimbawani; Dermawan, Alif Fito; Sitorus, Betris Kristin Ambar Wati
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.752

Abstract

This study discusses the implementation of the Restorative Justice (RJ) concept based on Police Regulation No. 8 of 2021 concerning the Handling of Criminal Offenses in the East Java Regional Police. The background of this research stems from the emergence of the restorative justice paradigm as a response to the weaknesses of the system, which tends to neglect the rights of victims. Restorative justice offers a more humane and solution-oriented approach to criminal case resolution, emphasizing the restoration of harm and the relationship between the offender, the victim, and society. This research employs a normative method with a legislative and case study approach to analyze the juridical legitimacy and the implementation of the policy in practice. The results show that the implementation of restorative justice during the investigation process, particularly in the jurisdiction of the East Java Regional Police, has provided an alternative resolution that is faster, more efficient, and satisfying for all parties, especially in minor cases. Furthermore, restorative justice is considered to reduce the burden on the formal criminal justice system and foster substantive justice. However, challenges in implementation remain, particularly in terms of the readiness of law enforcement officers and public understanding of this new paradigm. This study recommends the strengthening of regulations, continuous training for officers, and the enhancement of public awareness to ensure the optimal application of restorative justice in accordance with the values of justice, utility, and legal certainty.
PENALTY AGAINST PHONE CREDIT HACKING THROUGH THE ‘ISI PULSA MASSAL.EXE’ APPLICATION Rahmawati, Poppi; Priyati, Sri
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.754

Abstract

Cyber crime is defined as a type of crime related to the misuse of information technology. The causes include unrestricted internet access, as well as negligence from users. In Indonesia, the increase in cyber attacks and data hacking cases in the past year according to the National Cyber Security Index report and Reboot Digital PR Service is the worst cybersecurity country in Asia with a cyber danger score of 82.5 out of 100.Using normative legal research using secondary data including laws, judicial decisions, legal theories. As well as with the Legislative Approach which is carried out by examining all relevant laws and regulations and the Case Approach which is carried out by examining cases related to the issues at hand and court decisions.Law Number 11 of 2008 concerning Electronic Information and Transactions or commonly called the ITE Law has special rules regarding the use of information technology, in the discussion of cybercrime. In hacking through artificial applications, especially hacking the credit balance of an individual can be subject to criminal sanctions, such as the case, two people from Wonosobo, Central Java named Abdul Aziz and Tahyan, have been caught by the Special Investigation Directorate team or Ditreskrimsus at the South Kalimantan Police (KalSel). Criminalization of credit balance hacking through artificial applications can be applied by. ionally, challenges such as a shortage of police personnel and insufficient public outreach on traffic law compliance contribute to the system's inefficiency.
THE CONCEPT OF HABEAS CORPUS ACT IN REGULATING THE LEGALITY OF SUSPECTS’ DETERMINATION AS AN OBJECT OF PRETRIAL IN INDONESIA Sinjaya, Andi; Situmeang, Janaek
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.733

Abstract

The Habeas Corpus Act is a legal principle that protects individuals from arbitrary detention, but its implementation in the Indonesian legal system has been challenging, especially in pretrial proceedings. The regulation of suspect determination as an object of pretrial in Indonesia is debatable today, because the establishment of a suspect is not an act of coercion. This research aims to determine the concept of the Habeas Corpus Act in regulating the determination of suspects as pretrial objects. This research uses normative legal methods with statutory, conceptual, historical, and comparative approaches, and collects legal materials which are analyzed using legal theories. The results showed that pretrial was inspired by the Habeas Corpus Act. However, the regulation of suspect determination as an object of pretrial has actually deviated from the concept. Nevertheless, the Habeas Corpus Act was founded on the principle of human rights protection. Therefore, the regulation of the validity of the suspect's determination as an object of pretrial in Indonesia is consistent with the principles of the Habeas Corpus Act, which is to ensure the protection of human rights.
EFFECTIVENESS OF THE MOBILE ELECTRONIC TRAFFIC LAW ENFORCEMENT (ETLE) IN PROSECUTING TRAFFIC VIOLATIONS IN THE JURISDICTION OF THE EAST JAVA REGIONAL POLICE FORCE Putri, Audita Amanda; Yahman, Dr. Yahman
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.741

Abstract

In today's digital era, the police in the traffic sector have developed new innovations in law enforcement against traffic violations through the Electronic Traffic Law Enforcement (ETLE) system. ETLE is divided into two types, which are static ETLE and mobile ETLE. Static ETLE operates using CCTV cameras installed in certain locations, while mobile ETLE is in the form of electronic ticketing cameras installed on police patrol cars to detect traffic violations in real time. However, despite the implementation of the ETLE system, numerous traffic violations still occur in the jurisdiction of the East Java Regional Police. This study aims to examine the legal provisions related to ETLE Mobile as well as the legal sanctions imposed on traffic violators in the implementation of this system in the East Java Police area. This study uses empirical research methods, which are based on field data through observation and interviews. The approaches used include statutory and conceptual approaches, with data sources in the form of primary and secondary legal materials. The results of the study indicate that the system implementation of static and mobile ETLE is still less effective and requires further development. One of the main factors that becomes an obstacle is public awareness, where there are still many individuals who have yet to understand and comply with traffic rules. In addition, factors from law enforcement officials are also influential, such as the limited number of police personnel in the sector of traffic, as well as the lack of socialization and counseling to the public in efforts to prevent traffic violations.
JURIDICAL STUDY OF THE PROVISION OF PAYMENT OF WAGES BELOW THE MINIMUM WAGE BY EMPLOYERS TO WORKERS Soedjarwo, Rieski Soerya; Karim, Dr Karim; Sugiharto, Dr. Sugiharto
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.797

Abstract

Minimum wage regulation plays a central role in protecting workers' welfare and ensuring fair labor practices. In Indonesia, the enactment of Law Number 6 of 2023 reinforces this commitment by explicitly prohibiting employers from paying wages below the stipulated minimum and introducing criminal sanctions for violations. Despite these clear statutory mandates, sub-minimum wage payments persist in various sectors, raising critical concerns about the effectiveness of legal enforcement. This study applies a normative juridical method, examining the legal provisions governing minimum wage protections alongside the practical realities of labor law enforcement. The analysis reveals a systemic gap between the normative expectations of labor law and actual compliance in the field. Employers often rationalize non-compliance by citing financial pressures, while workers, due to economic vulnerability, frequently accept wages below the minimum standard. Enforcement agencies face significant limitations, resulting in rare prosecutions despite the existence of criminal sanctions. The findings highlight a discrepancy between the law’s protective intent and its practical implementation, reflecting broader challenges in Indonesia’s labor governance. The persistent failure to enforce minimum wage provisions not only undermines workers’ rights but also erodes trust in the legal system. This study underscores the need for critical reflection on the alignment between legal norms and labor market realities, emphasizing the importance of ensuring that statutory wage protections are not merely declarative but effectively upheld.
IMPLEMENTATION OF THE RESTORATIVE JUSTICE CONCEPT BASED ON POLICE REGULATION NO. 8 OF 2021 IN CRIMINAL OFFENSES Bahri, M Samsul; Patrianto, Dr Bangun
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.798

Abstract

Bankruptcy occurs when a debtor is unable to fulfill debt obligations to creditors, often due to financial mismanagement or market miscalculations that lead to business failure. In bankruptcy proceedings, public seizure aims to protect the debtor's assets to prevent their transfer or misuse. Conversely, asset seizure in criminal cases serves as a means to secure evidence or proceeds of crime, ensuring such assets remain intact for the investigation and trial process. These dual legal interests can create procedural conflicts, particularly when the same asset is subject to both bankruptcy proceedings and criminal seizure. This research examines the normative contradictions between Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations and the Indonesian Criminal Procedure Code regarding the priority of seizures. Article 31(2) of the Bankruptcy Law declares that all previous seizures are null and void upon bankruptcy declaration, while Article 39(2) of the Criminal Procedure Code permits the seizure of property even if it is involved in civil or bankruptcy proceedings. This legal overlap raises critical questions about asset management and legal certainty when bankruptcy and criminal processes intersect. The study aims to analyze this conflict and propose a solution to balance the rights of creditors with the needs of criminal law enforcement.
THE URGENCY OF THE PRINCIPLE OF FAIRNESS OF BPJS KESEHATAN CONTRIBUTIONS FOR WAGE EARNERS (PPU) Abidin, Zainal; Suroso, Dr Imam
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 2 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i2.799

Abstract

This article discusses the urgency of applying justice principles within the contribution system of BPJS Kesehatan (Indonesia's National Health Insurance) for wage-earning workers. The study aims to examine how the principle of justice can be effectively implemented, given the discrepancies between the contribution provisions regulated under Presidential Regulation No. 64 of 2020 and the stipulations in Law No. 6 of 2023 concerning the Ratification of the Government Regulation in Lieu of Law (Perppu) on Job Creation into Law, specifically Article 81 point 31 and Article 90B paragraph (1).This research adopts a normative legal method, employing positive law analysis combined with the theory of justice as the analytical framework. The data were collected through literature review, focusing on statutory regulations and relevant academic studies. The findings reveal that the principle of justice in the BPJS Health contribution system for wage-earning workers can be realized through two main mechanisms. First, by applying the principle of equity, which entails adjusting contribution rates based on the business scale of the company, in accordance with the mandate of the Job Creation Law. Second, by adopting the principle of social justice, through the provision of subsidies or contribution assistance for workers employed in micro and small enterprises. This scheme aims to ensure that all workers have fair and equitable access to health insurance, without being disproportionately burdened by contribution obligations.
THE JURISPRUDENTIAL ROLE IN RESOLVING CUSTOMARY INHERITANCE DISPUTES Poespasari, Dr. Ellyne Dwi; Erlangga, Afga Samudera
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 3 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i3.819

Abstract

Customary inheritance law is influenced by three kinship systems: patrilineal, matrilineal, and parental. Disputes over customary inheritance often arise in traditional communities due to dissatisfaction with the division of assets. While these conflicts are commonly resolved through family deliberation or traditional institutions, dissatisfaction with a chief's decision can escalate to legal action in court. This research aims to understand how customary inheritance disputes are resolved within these kinship systems and how Supreme Court jurisprudence is applied following these resolutions. This study uses a legal methodology with a multi-faceted approach. A statute approach is used to analyze relevant laws and existing legal precedents. A conceptual approach examines applicable legal theories and doctrines, while a case approach is employed to analyze specific, legally binding court decisions that illustrate the development of customary inheritance law. The findings reveal that while initial resolutions are sought through customary channels, a persistent dissatisfaction can lead to legal action. However, the effective application of judicial precedent is hindered by a lack of knowledge within customary legal communities. Nevertheless, these court decisions have brought about significant change, particularly in Batak communities, where several legal precedents have led to women being granted and receiving inheritance rights.
A JURIDICAL STUDY OF THE CHURCH AS A LEGAL SUBJECT IN INDONESIA Ferlianto, Yose
IUS POSITUM: Journal of Law Theory and Law Enforcement [IN PRESS] Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.836

Abstract

This study examines the status of the church as a legal subject and the regulation of its ownership rights as a religious institution in Indonesia. The research aims to analyze the legal framework governing the status of the church and evaluate the regulations related to its ownership rights. The methodology is a normative juridical and conceptual approach, with data collection through literature review and analysis of relevant legislation. The legal framework includes the constitution, statutory regulations, and Staatsblad 1927 No. 156, 157, and 532, which remain in effect pursuant to Article 1 of the Transitional Provisions of the 1945 Constitution. The study's findings indicate that churches in Indonesia are recognized as legal subjects, although not explicitly mentioned in the current legislation. Several legal provisions provide a legal basis for churches to own assets, but challenges remain in their implementation. This research contributes to understanding the legal status of churches and offers recommendations to improve the legal framework concerning church ownership rights, including broader legal protection and reconstruction of ownership regulations.
REFORMULATING VILLAGE HEAD AUTHORITY IN ISSUING HEIR CERTIFICATES: SURABAYA CASE UNDER PUBLIC SERVICES LAW Hamdhani, Jussaq Noor
IUS POSITUM: Journal of Law Theory and Law Enforcement [IN PRESS] Vol. 4 Issue 4 (2025)
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i4.837

Abstract

The Regulation of the Minister of Agrarian Affairs and Head of the National Land Agency Number 3 of 1997 concerning Land Registration explains that residents of native Indonesian descent can obtain Heir Certificates at the village office witnessed by the sub-district head, village head, and two witnesses. However, this regulation does not clearly specify the scope of village head authority and the technical procedures for issuing Heir Certificates. These unclear boundaries create legal uncertainty and concern among village heads regarding legal protection in carrying out their duties, including in Surabaya City. Therefore, the Surabaya City Government periodically reformulates articles in the Mayor's Regulations to improve village office performance as the frontline of public services, particularly in issuing Heir Certificates. This normative juridical research employs statutory and conceptual approaches. The findings indicate that regulations governing village head authority in issuing Heir Certificates have implemented most principles of public service outlined in Law Number 25 of 2009 concerning Public Services. To enhance village service performance, reformulation is needed to fulfill several principles including legal certainty, equal rights, professionalism, participation, equal treatment or non-discrimination, accountability, facilities and special treatment for vulnerable groups, timeliness, speed, convenience, and affordability.

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