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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 108 Documents
 7   8   9   10   11 
Legal Review of Land Disputes in Urban Areas Firayani Firayani
Ipso Jure Vol. 1 No. 2 (2024): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hjse1026

Abstract

Land disputes in urban areas are increasingly complex legal issues due to the high economic value of land, population growth, and weak land administration. This article aims to analyze the factors causing land disputes in urban areas and review the application of agrarian law in resolving them. Through a qualitative approach with literature studies and normative legal reviews, this article examines the legal aspects, the role of state institutions, and obstacles in resolving land disputes. The findings show that land conflicts in urban areas are generally triggered by overlapping ownership, document falsification, and physical control without rights. On the other hand, the implementation of the Basic Agrarian Law (UUPA) has not been fully effective, especially in administrative arrangements and law enforcement. Dispute resolution is often hampered by lengthy legal processes, lack of coordination between institutions, and minimal protection for low-income communities. Therefore, integrated and participatory law-based agrarian reform is needed to create agrarian justice in urban areas.
Human Rights in the Criminal Justice System in Indonesia Firayani Firayani`
Ipso Jure Vol. 1 No. 2 (2024): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0xf6p794

Abstract

Human Rights (HAM) are basic rights inherent in every individual and are universally recognized. In the Indonesian context, human rights protection is an integral part of the national legal system, especially in the criminal justice system. However, the implementation of human rights in the Indonesian criminal justice system often faces various challenges, ranging from acts of torture, unfair treatment, to violations of the rights of suspects or defendants. This article aims to analyze the extent to which human rights principles are applied in the criminal justice process in Indonesia, as well as to identify inhibiting factors and reform efforts that have been and need to be carried out. Through a qualitative approach, this article examines various laws and regulations, case studies, and expert opinions to provide a comprehensive understanding of the integration of human rights in the criminal justice system. The results of this study are expected to be an academic contribution in encouraging the realization of a legal system that is fair, humane, and respects the dignity of every individual.
Legal Protection for Consumers in Online Transactions in Indonesia Samsidar Samsidar
Ipso Jure Vol. 1 No. 2 (2024): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/k4cq8p11

Abstract

The development of information technology has changed the way people conduct transactions, especially in electronic commerce (e-commerce). Although online transactions provide convenience, various legal issues arise related to consumer protection, such as fraud, nonconforming goods, and difficulties in returning goods. This study aims to analyze legal protection for consumers in online transactions in Indonesia based on applicable laws and regulations, as well as to identify the challenges faced and solutions that can be applied. The research method used is qualitative with a normative legal approach. The results of the study show that although there are several regulations such as the Consumer Protection Law and the ITE Law, implementation in the field is still weak, especially in terms of law enforcement and consumer awareness. Synergy is needed between the government, business actors, and consumers to create a safe and fair ecommerce ecosystem. This article recommends improving regulations and increasing legal education and literacy for the community. 
The Role of Law in Combating Criminal Acts of Corruption Samsidar Samsidar
Ipso Jure Vol. 1 No. 2 (2024): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8rcgv804

Abstract

Corruption is a crucial problem that hampers national development and undermines public trust in the government. This article discusses the role of law in combating corruption in Indonesia. Through a qualitative approach, this study explores the effectiveness of legal instruments, institutions, and challenges in their implementation. Law has a strategic function as a tool of social control and a repressive mechanism to provide a deterrent effect to perpetrators of corruption. However, bureaucratic complexity, weak law enforcement, and a permissive culture towards corruption are still major obstacles. The discussion of the article focuses on the role of anti-corruption laws, law enforcement institutions such as the KPK, and the influence of legal reform in strengthening integrity and accountability. This study concludes that although there has been progress in legal instruments and institutions, the role of law has not been maximized without political commitment and public participation. Therefore, collaboration between legal actors and civil society elements is crucial to creating an effective anti-corruption system. 
Implementation of the Child Protection Law in Cases of Child Violence Rosemaria Rosemaria
Ipso Jure Vol. 1 No. 2 (2024): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/g5n7fk62

Abstract

The Child Protection Law in Indonesia is a legal foundation to guarantee children's rights from violence, whether physical, psychological, or sexual. However, the high rate of violence against children indicates a gap between legal norms and implementation in the field. This article aims to analyze the implementation of Law Number 35 of 2014 concerning Child Protection, especially in handling cases of violence against children. Using qualitative research methods through case studies and in-depth interviews, it was found that the implementation of this law still faces various obstacles, including weak coordination between institutions, lack of understanding of law enforcement officers regarding the substance of child protection law, and minimal community involvement in monitoring and reporting cases. This article suggests the need to increase the capacity of law enforcement, public awareness campaigns, and strengthen synergy between institutions to make legal protection for children effective. This research provides academic and practical contributions to improving the child protection system in Indonesia.
Implementation of Legal Rules for the Crime of Vehicle Theft(Legal Review of Court Decision Number: 74/Pid.B/2013/PN.Bkn) Yunara, Edi
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/c8re0p55

Abstract

 Indonesia has rules for law enforcement to the community. There are various kinds of rules/laws with various motives for criminal acts committed. Among other things, the crime of theft. This research aims to find out the judge's considerations in the application of the law and to find out how the criminal sentence is imposed in the decision. This type of research is normative legal research, using conceptual, legislative, and case approach methods. The results of the study found that in imposing the severity of the sentence that will be imposed by the previous judge, the judge first considers the aggravating matters and those that mitigate the defendant when it is related to the facts that have been revealed in the trial, and the judge uses 2 (two) forms of consideration, juridical and non-juridical. In the decision, the judge sentenced the criminal offense to imprisonment for 10 (ten) months each. So that according to the compiler, in applying an article or law, judges pay more attention to the consequences of the actions of the perpetrators of criminal acts, in order to create a verdict that is as fair as possible for both the defendant, the victim and the community
Obstruction of justice in Criminal Law: A Juridical Review of Obstruction of Law Enforcement by Law Enforcement Officers Edi Yunara
Ipso Jure Vol. 1 No. 7 (2024): Ipso Jure-August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4n24fr20

Abstract

Criminal law enforcement in Indonesia is not only faced with technical and structural obstacles, but also with serious threats from within the system itself, especially through the practice  of obstruction of justice carried out by law enforcement officials. Actions such as destruction of evidence, intimidation of witnesses, manipulation of information, and interference with the investigation process have been proven to occur in a number of major cases, one of which is in the case of the murder of Brigadier J. The purpose of this study is to juridically analyze the concept  of obstruction of justice, evaluate its regulation in Indonesia's positive criminal law, and examine the criminal liability of law enforcement officials involved in act. This research uses normative legal research methods with a legislative approach, and is analyzed qualitatively descriptively through literature studies and case studies. The results of the study show that although the term obstruction of justice has not been explicitly regulated in the Criminal Code, the substance of the act has been reflected in various general and special criminal provisions such as Articles 221, 231, 233 of the Criminal Code and Article 21 of the Corruption Law. However, scattered and multi-interpreted arrangements lead to weak law enforcement effectiveness against perpetrators, especially if they come from law enforcement institutions.
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

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