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Ipso Jure
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30327644     DOI : https://doi.org/10.62872/h0gsr821
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The journal publishes original articles on current issues and trends occurring internationally in Criminal law, civil law, constitutional law, commercial law, corporate law, banking law, legal philosophy and theory, comparative law, legal sociology, international law, constitutional law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol. 1 No. 12 (2025): Ipso Jure - January" : 7 Documents clear
Analysis of Criminal Liability for Perpetrators of Persecution Based on Criminal Theory (Study of Decision Number 96/Pid.B/2018/PN.Kwg) Rikal Lesmana; Ade Maman; Tri Setiady
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/bkravr35

Abstract

This study examines criminal liability and judicial considerations in cases of persecution in Indonesia, focusing on Decision Number 96/Pid.B/2018/PN.Kwg. Using a normative juridical approach, it analyzes relevant legal provisions, particularly Articles 49 and 351 of the Indonesian Criminal Code. The case involves Nurhidayat, who assaulted the victim, Fahrul, during a dispute over motorcycle credit repayment. The research investigates the form of criminal responsibility for the crime of persecution and the judge's reasoning in sentencing the defendant. The findings show that the Karawang District Court's decision did not fully align with justice and legal certainty principles. Nurhidayat was sentenced to three years in prison, despite mitigating factors such as his remorse, cooperative attitude, and role as the family’s breadwinner. The study concludes that the court’s decision did not adequately consider the juridical and non-juridical aspects, resulting in a sense of injustice for both the victim and the defendant. This research recommends that judges, when determining sanctions, should consider the proportionality of the crime and account for all aspects of justice. This would ensure that decisions better reflect fairness and provide clearer legal certainty, aligning with the principles of justice, legal certainty, and the protection of citizens' rights in the criminal justice system.
Criminological Review of Premeditated Murder Perpetrators (Based on Personality Theory: Case of KH. Mochamad Tarma Hantono, Karawang) Triadi Tiawardana; Ade Maman`; Tri Setiady
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5njvyb31

Abstract

This paper discusses the criminological review of premeditated murder perpetrators based on personality characteristic theory, focusing on the case of KH. Mochamad Tarma Hantono and associates in Karawang. The study aims to explore the factors that lead individuals to commit premeditated murder in connection with personality theory and to analyze the criminal liability of the perpetrators. The research adopts a normative juridical method, utilizing literature and secondary data to examine relevant regulations and scholarly works. The study finds that factors influencing the commission of premeditated murder can be categorized into internal and external elements. Internal factors include motivation, urgency, economic needs, intelligence, age, and gender. External factors involve education, social environment, employment, and community security vulnerabilities. These aspects are examined through Article 340 of the Criminal Code, which stipulates penalties for premeditated murder, such as the death penalty, life imprisonment, or imprisonment for up to 20 years. The analysis reveals that personality characteristics, including structural and dynamic differences between criminals and non-criminals, play a significant role in understanding premeditated murder. Additionally, criminal psychological theories suggest the importance of behavioral prediction and the distinction among various types of criminals. The research concludes that premeditated murder is influenced by a combination of personality traits and external factors, and perpetrators are legally accountable under the provisions of criminal law.
Legal Protection for Minority Shareholders in Limited Liability Companies According to the PT Law Herry Polontoh; Nurul Fadhilah; Harry A Tuhumury; Tamaulina Br Sembiring
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/d5ryed86

Abstract

Minority shareholders play an important role in the ownership structure of Limited Liability Companies (PT), but often face challenges due to the dominance of majority shareholders. This power imbalance threatens minority rights such as access to information, dividend distribution, and voting rights in General Meetings of Shareholders (GMS). Law No. 40/2007 on Limited Liability Companies (PT Law) provides legal protection for minority shareholders, but its implementation still faces obstacles such as weak supervision, lack of legal understanding, and regulatory gaps. This research uses a normative juridical method to analyze legal protection for minority shareholders, including a review of legal norms, doctrines, and court decisions. The results show that although the Company Law has provided a legal foundation, there are still gaps between ideal norms and business practices, such as manipulation of GMS results by the majority or limited transparency. Regulatory reform is needed to strengthen supervision, increase sanctions, and adopt international best practices, such as appraisal rights in the United States. These measures are expected to create more inclusive, fair and sustainable corporate governance, while increasing investor confidence in Indonesia's capital market.
The Dispute Resolution Revolution: A Civil Law Analysis of Online Dispute Resolution (ODR) Mechanisms Hendri Khuan; Achmad Fitrian; Loso Judijanto; Herry M Polontoh
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rfr3fg70

Abstract

The development of information technology and digitalization has encouraged the emergence of Online Dispute Resolution (ODR) as an alternative dispute resolution that is more efficient and adaptive to the dynamics of electronic transactions. ODR, supported by Law No. 11/2008 on Electronic Information and Transactions (ITE Law) and its amendments, offers a faster and more affordable solution than traditional mechanisms such as litigation or arbitration. However, the implementation of ODR in Indonesia still faces significant challenges, including the lack of clear regulations regarding the recognition and execution of judgments, as well as the protection of personal data. The ITE Law provides a legal foundation for electronic transactions, but further adjustments are needed to ensure ODR can be legally recognized and accounted for, especially in the context of cross-border disputes. In addition, aspects of transparency, accountability, and data security must be prioritized in the implementation of ODR. This research uses a normative juridical method to analyze the application of ODR in the Indonesian civil law system, assess the suitability of existing regulations, and identify challenges and opportunities faced. Comprehensive regulatory harmonization is needed to ensure ODR can function effectively, fairly, and safely for all parties, and become an integral part of a more modern and relevant Indonesian legal system in the digital era.
The Antinomy Of Corporate Criminal Law Enforcement In The Environment Erwin Syahruddin
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gcm88z65

Abstract

A corporation whose business activities are suspected of polluting and damaging the environment and having a major and important impact on the environment. Corporations in carrying out their business activities can cause environmental crimes, one of which is the Lapindo mud case. Article 116 of UUPPLH has regulated law enforcement on environmental criminal cases committed by corporations where criminal charges and criminal sanctions are imposed on business entities and/or people who give orders to commit such criminal acts or people who act as leaders of activities in such criminal acts. This research is a doctrinal legal research, in which this research examines the enforcement of criminal law for corporations that commit environmental crimes with a focus on the Lapindo mud case. The results of this study found that there are several obstacles in law enforcement of the Lapindo mud case, namely in terms of legal factors / laws, law enforcement factors, facilities or facilities, and cultural factors.
Board Of Directors Accountability In Good Business Practice Erwin Syahruddin
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wvyd3x83

Abstract

In a Limited culpability Company (PT), where directors are frequently held responsible for their acts pertaining to the company's administration, this study examines the legal concerns surrounding the board of directors' culpability. This obligation may result in civil liability, criminal liability, or even removal from office. Finding the legal void surrounding acquit et de charge (free from liability) under Law No. 40/2007 on Limited Liability Companies (UUPT), which does not specifically govern the procedure, is the primary goal of this study. This study employs the normative technique, which focuses on examining relevant laws and regulations, specifically the UUPT, as well as jurisprudence and doctrine pertaining to the Board of Directors' liability. Using this method, the study discovered that while the Company Law governs the Board of Directors' power and duty, there are no explicit guidelines governing the acquit et de charge process in PT's Board of Directors' accountability process. This creates ambiguity in the way the Board of Directors' responsibility to the General Meeting of Shareholders (GMS) is implemented and raises the possibility of power abuse that could hurt family members. In order to give the Board of Directors legal certainty and fairness in the performance of their obligations, this conclusion necessitates additional regulation of the absolve et de charge mechanism.
Legal Implications of Illegal Cigarette Circulation on State Revenue Rino Dedi Aringga
Ipso Jure Vol. 1 No. 12 (2025): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n3hbp104

Abstract

The circulation of illegal cigarettes in Indonesia is a serious problem that affects various aspects, including the economy, law, and public health. Illegal cigarettes, whether in the form of no excise stamps, counterfeit excise stamps, or the use of used excise stamps, have caused significant leakage of state revenue. Based on data from the Directorate General of Customs and Excise (DGCE), the circulation of illegal cigarettes ranges from 4-7% of total national consumption, contributing to the loss of trillions of rupiah in excise revenue each year. This implies a reduction in the budget that should be used to finance health services and infrastructure development. In addition, the circulation of illegal cigarettes creates unfair competition for the legal cigarette industry, which faces pressure due to high excise tax rates and decreased market competitiveness. This research uses a normative juridical method with statutory, conceptual and case approaches to analyze the effectiveness of existing regulations, especially in the context of Law No. 39/2007 on Excise. The results show that weak supervision and law enforcement, coupled with corrupt practices in several distribution channels, have made existing policies ineffective in suppressing the circulation of illegal cigarettes. Therefore, it is necessary to strengthen coordination between law enforcement officials, DGCE, and the application of digital technology in the excise control system in order to increase the effectiveness of controlling illegal cigarettes and maximize state revenue

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