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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
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Implementasi Hukum Pidana Adat Terhadap Pelaku Tindak Pidana Incest Di Indonesia (Studi Kasus Di Kabupaten Rejang Lebong) Salwa Adimaya
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3ff43x21

Abstract

Incest merupakan perbuatan yang melanggar nilai-nilai agama, moral dam kesusilaan. Pengaturan tindak pidana incest secara eksplisit tercantum dalam Pasal 294 ayat (1) KUHP, namun belum ada pengaturan secara khusus terkait perbuatan incest. Maka dari itu, hukum pidana adat dapat berlaku ketika hukum positif tidak mengaturnya. Salah satu kasus incest yang terjadi di Kabupaten Rejang Lebong dimana orang tua pelaku incest dikenakan sanksi adat berupa dihukum cuci kampung dengan dicambuk menggunakan lidi. Jenis penelitian ini adalah penelitian yuridis normative dengan pendekatan kasus dan pendekatan perbandingan. Dari hasil penelitian ini dapat disimpulkan bahwa penerapan sanksi adat terhadap pelaku tindak pidana incest berbeda-beda di tiap wilyah adat. Mulai dari membayar uang denda, dihukum cambuk, dikucilkan dari linkungan hingga dilempar ke laut. Penerapan sanksi adat ini semata-mata untuk mengembalikan keseimbangan Masyarakat yang telah tergoncang akibat perbuatan pelaku dan merupakan bentuk perwujudan eksistensi hukum pidana adat di Indonesia,
Analisis Yuridis Celah Hukum Pidana Pada Perkara Pertambangan Tanpa Izin (Peti) Di Pulau Belitung Iyut Rosmita Putri; Dwi Lestari; Talita Dhea Alsabilla; Melisa Natalia; Fikram
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/h97yn815

Abstract

Penelitian ini mengeksplorasi celah hukum pidana pada pelakupertambangan timah di Pulau Belitung yang sering kali dilakukan tanpa izin sehingga menyebabkan kerusakan lingkungan dan masalah hukum. Kasus Yuhadi alias Ju Bin Zurli A.K. mengilustrasikan penerapan hukum pidana yang menjerat PETI berdasarkan analisis yuridis yang dilakukan. Penelitian deskriptif kualitatif ini menggunakan pendekatan perundang-undangan. Hasil penelitian menunjukkan bahwa PETI tidak dapat diamankan apabila saat dijumpai oleh aparat penegak hukum PETI tidak sedang beroperasi sekalipun penambang berada di lokasi. Sehingga dapat disimpulkan agar penertiban PETI dapat berjalan dengan optimal penangkapan harus dilakukan ketika PETI sedang beroperasi atau terdapat bukti PETI baru saja beroperasi.
The Existence and Development of Compilation of Sharia Economic Law (KHES) and Its Urgency in Resolving Sharia Economic Law Disputes in Indonesia Nurjamil Nurjamil
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/42056d19

Abstract

This research delves into Sharia Economic Law (KHES) as a regulatory framework for resolving Sharia economic disputes in Indonesia, examining its historical, political, and philosophical dimensions alongside its practical urgency. Employing a qualitative literature review, it analyzes secondary data from various sources such as books, journals, and research findings to elucidate KHES's development and its significance in dispute resolution. KHES was established in response to Law No. 3 of 2006, which expanded the jurisdiction of Religious Courts in Sharia economic matters. It harmonizes diverse scholarly opinions from traditional sources like fiqh texts and fatwas issued by DSN-MUI, providing a legal compass for Muslim economic activities. Despite not being formally ranked within Indonesia's legislative hierarchy, KHES, born out of PERMA No. 2 of 2008, serves as a key legal reference for Religious Court judgments and informs legal deliberations on Sharia economic issues. Efforts are underway to potentially elevate its status to that of Government Regulations, ensuring its broader enforceability within the Indonesian legal system.
Distribution of Inheritance According to Customary Law and Civil Law in Indonesia Raihana Jihan Sabhira Keliat; Tamaulina Br Sembiring
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/x1yp5934

Abstract

This research aims to analyze the distribution of inheritance according to customary law and civil law in Indonesia, considering that this process involves complex financial, emotional and social aspects. In Indonesia, each region has customs that complement its cultural diversity, and the interaction between customary law and civil law in the inheritance distribution process shows unique and often complex dynamics. In this context, civil law plays a vital role in creating a just and prosperous society. In contrast, customary law is deeply related to ways of life developed, shared and passed down from generation to generation. Through a qualitative approach, this research will use case studies from various regions in Indonesia to illustrate the application of inheritance law, and interviews with legal experts, traditional leaders and community members will provide in-depth insight into the interactions between civil and customary law. In addition, analysis of legal documents and jurisprudence will offer a more structured understanding of the basis of statutory law. It is hoped that this research will not only add to academic discourse but also offer practical insights and guidance that can improve legal practices and outcomes in Indonesia's diverse cultural landscape, with the ultimate goal of making policy recommendations for policymakers to improve legal practices around heritage, respecting cultural practices while promoting justice and equality.
Dampak Hukum dan Psikologis Bagi Pelaku Pembunuhan Berencana I Nyoman Alit Putrawan
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/s6mwsd65

Abstract

Premeditated murder is a serious crime that has received great attention in the fields of law and criminal psychology. This research focuses on the legal and psychological impacts faced by perpetrators of premeditated murder, with the aim of gaining a deeper understanding of the consequences of these acts and finding more effective solutions in terms of punishment and rehabilitation. This research uses a qualitative approach with literature analysis and case studies. Data sources include academic literature, journal articles, and legal documentation. This analysis process will involve categorizing, interpreting, and synthesizing information from various sources to build a comprehensive understanding of the topic. This analysis will allow researchers to identify common themes, trends, and patterns in the literature, as well as reveal new insights or contradictions in current understanding of the legal and psychological impact of premeditated murder. The research results show that the legal consequences for perpetrators of premeditated murder are often very severe, including the death penalty or life imprisonment. But the research also revealed that many perpetrators experienced serious psychological problems, including post-traumatic stress disorder and antisocial personality disorder. Factors such as socioeconomic background, history of trauma, and exposure to violence contribute to the commission of these crimes. This research emphasizes that the legal approach to premeditated murder must consider the psychological impact and social background of the perpetrator. The importance of an interdisciplinary approach in dealing with cases stands out, and the results of this research can provide insights for the development of more effective legal policies and rehabilitation programs.
Separation Of Inheritance Assets And Its Implications In Indonesian Civil Law Riama Novalia Silaen
Ipso Jure Vol. 1 No. 4 (2024): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fx7qzb02

Abstract

This research employs qualitative methods with a literature study approach to explore the legal phenomenon of inheritance separation in Indonesian civil law. This approach facilitates the collection, review, and analysis of relevant literary sources, including books, journal articles, regulations, and court decisions. The initial step involves identifying and collecting relevant literature, followed by an analysis to comprehend basic concepts, legal principles, and procedures. Researchers critically analyze the collected literature, identifying key issues, challenges, debates, and evaluating each source's relevance and validity. The research findings indicate that inherited assets are a significant part of Indonesian civil law, comprehensively regulated by the Civil Code. Articles in the Civil Code address the rights and obligations of heirs, inheritance separation procedures, and special conditions that must be met. The process aims to end joint ownership and distribute assets to each heir according to their rights. This must be done with all heirs' agreement or through a court decision in case of disputes. Article 1075 regulates dispute resolution, allowing courts to intervene and make final decisions. Provisions for the cancellation of inheritance separation protect heirs' rights, with Articles 1112 and 1116 providing a basis for cancellation if there is coercion, fraud, or actions harming more than a quarter of the inheritance value. Overall, Indonesian law offers comprehensive protection for all heirs, ensuring the inheritance process aligns with justice and applicable legal principles.
Legal Protection of Intellectual Property Rights in the Digital Era Riama Novalia Silaen; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/9hn74238

Abstract

This research uses a qualitative approach with descriptive-analytical methods to examine the legal protection of intellectual property rights (HMI) in the digital era. The research results show that the legal protection of HMI in the digital era still faces various significant challenges. Even though regulations such as Law Number 28 of 2014 concerning Copyright and Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE) exist, their implementation could be more effective. The leading causes are a need for more public knowledge and awareness about the importance of HMI, as well as limited law enforcement resources and technology. Collaboration between the government and digital platforms needs to be improved, while international cooperation is also crucial in dealing with cross-border HMI violations. This research recommends increasing public education and awareness, strengthening regulations, adopting advanced technology such as AI, closer cooperation with digital platforms, increasing law enforcement capacity and resources, and efficient dispute resolution mechanisms. With a more holistic and integrated approach, HMI protection in the digital era can be significantly improved, providing justice for rights owners and encouraging the development of a healthier and more innovative creative industry.
Analysis Of Microeconomic Theory According To Abu Ubayd And Al-Syaibani And Its Relevance To Pancasila Economy Ustad Adil; Yadi Janwari; Dedah Jubaedah
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/erfh7m81

Abstract

This study aims to analyze the microeconomic theory of Abu Ubayd in the book Al-Amwal and Al-Syaibani in the book al-Kasb and its relevance to the Pancasila economy. The research method used is a qualitative method with an analytical descriptive approach to the book of Al-Awal by Abu Ubayd and the book of Al-Kasb by Al-Syaibani and assisted from other reading sources related to the research title. Theresults of this study are Abu Ubayd in al-Amwal talks about basic human needs, legal and economic justice, Bedouin and urban dichotomy, while al-Syaibani explores the concept of al-Kasb (Work), according to him that work is the main element of production, has a very important position in life. Al-Syaibani also explained about wealth and destitution, the classification of businesses and about economic needs and specialization and distribution of work. The relevance of Abu Ubayd's economic thought with Pancasila Economy in accordance with the Indonesian Law No. 5 Year 1999 on the prohibition of monopolistic practices. While Al-Syaibani about al-Kasb (work) and the distribution of work is very relevant to the 1945 Constitution article 28 D Paragraph 2, namely Everyone has the right to work and get a fair and decent reward and treatment in labor relations.
Rampant Land Dispute Cases Sari Dewi Nasution; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7vvr1814

Abstract

This research examines the problem of land disputes in Indonesia caused by the illegal practices of the land mafia and poor land management by housing developers. Based on the Seven Principles of Agrarian Law, land should be used to benefit the community. However, facts on the ground show that much land is controlled unilaterally by the land mafia. They used various methods, including making fake letters and cultivating empty land to sell at high prices. This has led to many ownership disputes and legal problems for legitimate landowners and defrauded buyers. To avoid this problem, the public is advised to process the legality of their land certificates through the National Land Agency (BPN). The legal basis supporting the importance of land certificates is contained in Article 19 and Article 23 of the Basic Agrarian Law (UUPA) no. 5 of 1960 and Law no. 4 of 1996 concerning Mortgage Rights. This research also highlights the challenge of limited land in Indonesia, which causes the high economic value of land to become an object of competition. Housing developers often face land management problems, resulting in land certificates being mortgaged at banks and losses for consumers. The importance of public awareness of checking the completeness and validity of documents before carrying out a house purchase transaction is emphasized to avoid problems in the future. Education and supervision from the government and related institutions, such as BPN, are critical in protecting consumer rights and ensuring legal certainty.
Separation Of Inheritance Assets And Its Implications In Indonesian Civil Law Riama Novalia Silaen; Tamaulina Br. Sembiring
Ipso Jure Vol. 1 No. 5 (2024): Ipso Jure- June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/seqfy875

Abstract

This research employs qualitative methods with a literature study approach to explore the legal phenomenon of inheritance separation in Indonesian civil law. The approach involves collecting, reviewing, and analyzing relevant literary sources, including books, journal articles, regulations, and court decisions. The initial step is identifying and collecting relevant literature, followed by an analysis to understand basic concepts, legal principles, and procedures. Researchers critically analyze the collected literature to identify key issues, challenges, debates, and evaluate each source's relevance and validity. Findings indicate that inherited assets are significantly regulated by the Indonesian Civil Code. The Code addresses heirs' rights and obligations, inheritance separation procedures, and special conditions that must be met. The process aims to end joint ownership and distribute assets to each heir according to their rights, requiring all heirs' agreement or a court decision in case of disputes. Article 1075 regulates dispute resolution, allowing courts to intervene. Provisions for canceling inheritance separation protect heirs' rights, with Articles 1112 and 1116 providing a basis for cancellation if there is coercion, fraud, or actions harming more than a quarter of the inheritance value. Overall, Indonesian law offers comprehensive protection for heirs, ensuring the inheritance process aligns with justice and legal principles.

Page 2 of 11 | Total Record : 108

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