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INDONESIA
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 8 Documents
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Search results for , issue "Vol. 2 No. 5 (2025): Ipso Jure - June" : 8 Documents clear
The Existence of Smart Contracts in Electronic Agreements: A Civil Juridical Review Hendri Khuan; Ach Dlofirul Anam
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2m5yv134

Abstract

The development of blockchain technology has given birth to smart contracts as a new instrument in electronic agreements that are executed automatically by computer programs based on agreed conditions. The autonomous, transparent, and irreversible characteristics of smart contracts present a challenge to the classical principles of Indonesian civil law, especially Article 1320 of the Civil Code which regulates the conditions for the validity of agreements. The main problem lies in the fulfillment of the elements of free will and agreement, especially when consent is given to a code that is not fully understood by parties without a technological background. Although Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE Law) recognizes electronic documents as legal evidence, there are no explicit provisions governing the validity, legal responsibility, and dispute mechanisms related to smart contracts. This study uses a normative juridical method with a statutory and conceptual approach to examine the existence of smart contracts in the Indonesian legal system. It is necessary to reinterpret and harmonize civil law with technological developments so that smart contracts are not only legally valid, but also fair and provide adequate legal protection. Without regulatory reform, legal certainty and substantive justice in the use  of smart contracts have the potential to be neglected.
Therapeutic Agreement Between Doctor and Patient: Juridical Analysis in Civil Law Aisyah Aisyah; Arya Tjipta Prananda; Guslihan Dasatjipta; Afrita Afrita
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8fnqed72

Abstract

The relationship between doctor and patient is not only ethical and professional, but also has a strong legal dimension, particularly in the form of therapeutic agreements. This agreement forms the basis for initiating medical proceedings and creates a binding legal relationship based on the principles of civil law. This study aims to analyze juridically the existence and validity of therapeutic agreements within the framework of civil law, examine the forms of legal liability arising from violations, and evaluate evidentiary instruments in medical disputes. The method used is normative legal research with a legislative approach, supported by an analysis of legal literature and jurisprudence studies. The results of the study show that although therapeutic agreements are often not stated in writing, their existence is still valid and binding if they meet the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code. Informed consent serves as proof of the implementation of the agreement and as the basis for legal defense in disputes. Civil liability can be imposed both on doctors personally and hospitals as institutions through the doctrine of vicarious liability, and forms of compensation include material and immaterial losses. Dispute resolution through non-litigation channels such as mediation and the role of the Indonesian Medical Discipline Honorary Council (MKDKI) also have an important contribution in maintaining a balance between patient protection and medical professional accountability.
The Challenge of National Regulation Reform in Facing Legal Technology Disruption Khuan, Hendri
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fa92p192

Abstract

The development of digital technology has brought significant disruption in the national legal system, giving rise to normative and institutional challenges that have not been fully anticipated by existing regulations. Innovations such as artificial intelligence (AI), blockchain-based smart contracts, and electronic court systems (e-courts) have structurally changed the way the law works, but at the same time have raised new issues related to legality, accountability, and procedural justice. Law Number 19 of 2016 as an amendment to the ITE Law and Law No. 27 of 2022 concerning Personal Data Protection has not been responsive enough in dealing with the ever-growing complexity of digital law. In addition to legal vacancies, multiple interpretations of norms, and regulatory fragmentation, the Indonesian legal system also faces limitations in harmonization with international legal standards such as GDPR, as well as low institutional capacity in implementation. Through a normative juridical approach with the analysis of primary and secondary legal materials, this study highlights the importance of legal reform based on regulatory foresight, legal harmonization, and institutional transformation. Digital legal reform in Indonesia must be anticipatory, adaptive, and interdisciplinary, in order to be able to ensure legal certainty, human rights protection, and the rule of law in the midst of increasingly intensive and disruptive digital globalization
Corporate Compliance with ESG (Environmental, Social, and Governance): Perspectives on Business Law and Good Corporate Governance (GCG) polontoh, Herry m; Kadir, Taqyuddin
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25czhf80

Abstract

This study examines the urgency of integrating Environmental, Social, and Governance (ESG) principles into Indonesia's business law framework in response to global demands for sustainable corporate practices. Through a normative juridical approach, this study analyzes the disharmony of national regulations, especially between Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 32 of 2009 concerning Environmental Protection and Management, and sectoral regulations from the OJK such as POJK No. 51/POJK.03/2017. The results of the study show that although ESG principles are beginning to be accommodated in some legal instruments, they are still administrative, sectoral, and do not have a strong binding force judicially. This has an impact on weak corporate accountability in carrying out environmental and social responsibility as part of Good Corporate Governance (GCG). This research emphasizes the importance of ESG codification as a positive legal norm that can be enforced through the supervision and accountability mechanism of the board of directors. Comparative studies with practices in the European Union and OECD show that the successful implementation of ESG is highly dependent on the existence of prescriptive norms and integrated monitoring systems. Therefore, the reformulation of Indonesian corporate law is crucial to realize inclusive, sustainable, and accountable business governance
Legal Analysis Of Corporate Social Responsibility In Mining Companies Su’udi, Su’udi; Borman, M. Syahrul; Handayati, Nur
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/paabzx13

Abstract

This study analyzes the implementation of the law on Corporate Social Responsibility (CSR) obligations in mining companies in Indonesia. Although CSR has become a legal obligation regulated in Law No. 40 of 2007 concerning Limited Liability Companies and Government Regulation No. 47 of 2012, its implementation still faces various obstacles, including weak supervision and ineffective legal sanctions. The research method used is normative legal research with a legislative and conceptual approach to evaluate the effectiveness of regulations in ensuring companies' compliance with their social responsibilities. The results of the study show that the implementation of CSR in the mining sector tends to be an administrative formality without providing real benefits to the surrounding community. In addition, the incompatibility between national regulations and international standards such as ISO 26000 creates legal loopholes that allow companies to circumvent their CSR obligations. The government needs to strengthen the supervision mechanism, set clearer indicators of CSR success, and implement stricter sanctions for companies that violate legal provisions. Community participation is also an important factor in supervising and evaluating CSR programs in order to provide a more sustainable social and environmental impact..
Legal Analysis Of Franchise Agreements In The Culinary Sector Based On The Regulation Of The Minister Of Trade In Indonesia Dianto, Rakhmad Wiwit; Handayati, Nur; Borman, M. Syahrul
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n13y2a39

Abstract

This study analyzes the legal aspects of franchise agreements in the culinary sector based on the Regulation of the Minister of Trade No. 71 of 2019. Franchising as a rapidly growing business model in Indonesia presents legal challenges related to contract transparency, legal certainty, and the balance of rights and obligations between franchisors and franchisees. This study uses a normative legal approach by analyzing laws and regulations, legal doctrines, and franchise business practices in Indonesia. The results of the study show that although the regulation has provided a clear legal framework, its implementation still faces obstacles, especially in the aspect of supervision and understanding of business actors regarding their rights and obligations. The franchisor has protection over intellectual property rights and operational control, while the franchisee is guaranteed through the franchisor's obligation to provide technical support and training. However, weak supervision and lack of legal education for franchisees still cause unfair practices in franchise agreements. Dispute resolution through arbitration is preferable to litigation because it is faster and more flexible, but cost constraints and procedural understanding are still major obstacles. Therefore, it is necessary to strengthen regulations, increase supervision, and legal education for business actors so that franchise agreements can run more transparently, fairly, and provide legal certainty for all parties involved..
Legal Protection Of Trademarks In The Business Competition Of The Fashion Industry In Indonesia Wicaksono, Bagus Putra; Astutik, Sri; Cornelis, Vieta I
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/e8yj3s28

Abstract

Legal protection of trademarks in the fashion industry has a crucial role in maintaining the identity and competitiveness of products in the midst of increasingly fierce business competition. This study aims to analyze the effectiveness of existing regulations in protecting trademark rights and identify challenges in their implementation in the digital era. The research method used is a normative juridical approach by analyzing laws and regulations, court decisions, and policies related to trademark protection. The results of the study show that although Law Number 20 of 2016 concerning Trademarks and Geographical Indications has provided a comprehensive legal framework, its implementation still faces obstacles, especially in terms of supervision of trademark infringement, lack of legal awareness among business actors, and suboptimal brand protection in digital trade. Strengthening legal protection requires a revision of regulations that are more adaptive to technological developments and strengthening dispute resolution mechanisms, including the implementation of online mediation platforms to reduce the burden of litigation. In addition, optimizing the role of the Directorate General of Intellectual Property (DJKI) through digitization of brand registration and technology-based supervision such as blockchain is a strategic step in increasing the effectiveness of legal protection. Legal education for business actors and the public must also be improved to build awareness of the importance of brand protection as a business asset with economic value. A more holistic and collaborative approach between governments, industry associations, and non-governmental organizations, the legal protection system for trademarks can be more effective, innovative, and in accordance with the dynamics of the fashion industry in the era of globalization.
The Implementation of Restorative Justice for Misdemeanor Crimes after Perpol No. 8 of 2021 Sjuhudi, Ichsan; Musahib, Abd Razak
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3hw99x77

Abstract

This study analyzes the application of restorative justice to minor crimes in the Indonesian criminal justice system, especially after the issuance of Police Regulation No. 8 of 2021. The shift from a retributive approach to a restorative approach is a response to the failure of the conventional criminal system in achieving substantive justice and overcrowding in correctional institutions. The research method used is normative juridical with a statutory and conceptual approach. The results of the study show that restorative justice has strong theoretical legitimacy through the concept  of reintegrative shaming and normative support from Law No. 11 of 2012 and Perpol No. 8 of 2021. However, its implementation faces juridical and institutional challenges, especially related to the hierarchy of norms, accountability, and the understanding of law enforcement officials and the public towards the concept of restorative justice. It also found potential irregularities if there is no strict supervision of the peace mechanism outside the formal process. Therefore, there is a need for harmonization of regulations, integrated training for officials, and the participation of civil society in the supervision of implementation. This study recommends the reform of the Criminal Code and the establishment of inter-institutional regulations to ensure that restorative justice becomes a valid, effective, and just approach in national criminal law enforcement.

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