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All Journal JURNAL MANAJEMEN TRANSPORTASI & LOGISTIK Legal Standing : Jurnal Ilmu Hukum Awang Long Law Review BUDGETING : Journal of Business, Management and Accounting Jurnal Ilmiah Wahana Pendidikan Jurnal Poros Hukum Padjadjaran COURT REVIEW: Jurnal Penelitian Hukum Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Srawung: Journal of Social Sciences and Humanities Yuris: Journal of Court and Justice Equalegum International Law Journal
Wahyu Prawesthi, Wahyu
Universitas Dr.Soetomo Surabaya
Religion Arts Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Transportation Other

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Journal : Ius Positum: Journal of Journal Of Law Theory And Law Enforcement

 1 
THE RATIO LEGIS LIABILITIES AND REPUDIATION RIGHTS OF LAND DEED OFFICERS BASED ON CRIMINAL CODE PERSPECTIVES Fachria; Prawesthi, Wahyu
Ius Positum: Journal Of Law Theory And Law Enforcement Vol. 2 Issue. 1 (2023)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.261

Abstract

Land deed officers have existed as public servants for less time than the notary institution, which extends back more than three centuries. If we take a look at the Basic Agrarian Law included in Law No. 5/1960, we can see that it does not specify the specific responsibilities of Land Deed Officers while creating land deeds. The objective of this research is to analyze a comprehensive overview of the professional practice of land deed officials, who assume that the obligation to register land is upheld in addition to elevating the status of land from conventional rights, in which evidence of ownership is indicated by Petok D, Girik, or Letter C, as well as legal actions related to the acquisition, transfer, and deletion. The method employed in this research is a normative juridical method, and it includes the using legislation, conceptual, historical, and systems approaches as well as literature or law found in books. When land deed officers are requested to testify in civil proceedings, particularly in criminal cases, the repudiation rights of land deed officers that have been established in this legislation and regulation have various problems in their implementation. However, it should be remembered that repudiation rights are "rights" not obligations. Deed of land deed officers who contain legal defects either due to land deed officers' mistakes, negligence, or due to the intention of the land deed officers themselves, the land deed officers must be able to provide accountability both morally and legally.
CRIMINAL LAW ENFORCEMENT OF URUK SOIL WITHOUT MINING BUSINESS LICENSE (IUP) Erlando, Angga Riki Argo; Prawesthi, Wahyu; Amiq, Bachrul
Ius Positum: Journal Of Law Theory And Law Enforcement Vol. 2 Issue. 1 (2023)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i1.262

Abstract

The government has the authority to control and guarantee the availability of natural resources for the benefit of society. Within its authority, the government has regulated and provided guidelines for the exploitation of natural resources in the mining sector in Indonesia through Law No. 4 of 2009 concerning Mineral and Coal Mining (Minerba Constitution). This research aims to determine criminal liability and criminal law enforcement of the mining of uruk soil without a Mining Business License (IUP). The method used in this research is normative legal research. The results showed that several conditions must be filled for a person or legal entity to be sentenced, including the existence of a criminal act committed, the ability to be responsible and the element of error of intentionality or negligence. As stipulated in article 158 of the Law of the Republic of Indonesia number 4 of 2009 concerning Mineral and Coal mining. Law enforcement by the police of the Directorate of Special Criminal Investigation of East Java Regional Police, through investigation, has succeeded in finding suspects on behalf of supono or supo. Based on witness statements, expert statements, suspect statements, and evidences, it have fulfilled the criminal elements of mining uruk and sand land without being equipped with a Mining Business License (IUP) as stipulated in article 158 of RI Law number 4/2009 concerning Mineral and Coal mining.
LAW ENFORCEMENT ON DRUG ABUSE PERPETRATORS COMMITTED BY INDONESIAN POLICEMEN Winarno, Hadi; Amiq, Bahrul; Prawesthi, Wahyu
Ius Positum: Journal Of Law Theory And Law Enforcement Vol. 2 Issue. 2 (2023)
Publisher : jfpublshier

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v2i2.281

Abstract

The regulation concerning drug is regulated on Law No. 35/2009, it is used to ensure its adequacy for the interests of science and health and prevent the drug abusement, and eradicate the illegal distribution of drugs. The cases that engaged Indonesian policemen on drug abusement criminal must have special attention in order to disappear this criminal act. These crimes cannot be considered normal, and law enforcement must be strictly enforced. This research aims to examine and analyze law enforcements on drug abuse perpetrators committed by Indonesian Policemen through law, regulations and court justice. The type of research used juridical-normative to analyze secondary data in the form of legal materials, especially primary legal and secondary legal materials. Based on the research result, when a police commits in a drug abuse offense and has the evidence, he/she may obtain criminal sanctions, such as imprisonment and fines that are determined by the type of drug abuse he/she committed. After obtaining a criminal sanction determined by the general court and has permanent force, the police officer is subject to sanctions for violating the police professional ethics code called dishonorable dismissal (PTDH).
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)
Publisher : jfpublshier

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.
Co-Authors Abrahams, Deny Amiq, Bahrul Anriz, Revianto Ardan, Lukman Hakim Bachrul Amiq Bahri, Muhammad Syamsul Borman, M. Syahrul Carlos, Christcarsel Brandlay Theolvano Dian Ety Mayasari Dipo Wahjoeono, Dipo Erlando, Angga Riki Argo Ernu Widodo, Ernu Fachria Febriyanto, Mohammad Dwi Hardianto, Yoyok Hariyono, Dipo Wahjoeono Hartoyo Kadek Khoidin Kibiantoro, Miraj M. Khoidin, M. Mansyuri, Zaqiya Alfi Muhammad Erfan, Muhammad Ndraha, Abdian Berkat Pasaribu, Francisco Lundu Hesekhel Perdana, Dary Iqbal Putra Praditya, Zonehara Bima Putra, Januanwar Reza Yudhitya Ramba, Yunan Yunus Shalasa, Idham Malik Sitepu, Anak Agung Gede Wibowo Siti Marwiyah SRI ASTUTIK Subekti Subekti Subekti Sulfiarini, Wiwin Suyono, Yoyok Ucuk Tri Wahyudi Utami, Rahayu Sri Wardantik, Yuli Endah Wicaksana, Agus Arief Widodo, Dieno Hendro Winarno, Hadi