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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 108 Documents
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Analysis Of The Influence Of Fake Discount Price Labels For A Product In The Marketplace On The Concept Of Business Competition And Responsibility Suci Rizka Fadhilla; Nia Rahma Dini; Sylvira Agshelya Wolontery
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/bzb02c69

Abstract

The influence of fake discount price labels on products in the marketplace on the concept of business competition and liability for losses experienced by consumers is an interesting topic to discuss in the ins and outs of marketplace problems in Indonesia. One of the famous marketplaces in Indonesia, namely Shopee, harbors many fraudulent practices in product sales by sellers, such as the use of fake discount price labels. Due to this, consumer trust is damaged and unhealthy business competition occurs. This research uses normative juridical legal research methods and collects secondary data from scientific sources, regulations and websites. Including fake discount price labels that do not match the actual price can harm consumers immaterially. This action violates various regulations, such as the Consumer Protection Law. The parties responsible for the losses experienced by consumers are sellers who promote fake discount prices in the marketplace. Therefore, it is necessary to discuss the influence of fake discount price labels on the concept of business competition and how to be held accountable for losses experienced by consumers
The Impact Of Implementing Legislation For Individuals Who Commit Crimes In The Marine Environment Is Currently Being Assessed Dewi Ratih Kumalasari
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: 10.62872/7ssmks72

Abstract

This research is entitled Legal Sanctions for Perpetrators of Marine Ecosystem Crime because they want to emphasize that everyone, both individuals and corporations, who commit environmental damage, especially marine ecosystems, must be responsible for their actions and be ready to face criminal sanctions in accordance with statutory regulations. This research uses normative juridical legal research methods, using three approaches: statute approach, conceptual approach, and case approach. The research materials used in this research are primary and secondary legal materials. In writing this article, deductive analysis was used to organize data and research. This method of investigation is based on general principles to explain specific events or general theories based on concrete facts. The aim of this research is to find and analyze law enforcement against individuals who commit violations of destroying marine ecosystems. The research findings indicate that countries are responsible for preserving marine ecosystems through effective regulation and law enforcement. However, the implementation of these regulations still faces challenges, such as limited resources and coordination among agencies. The study provides recommendations to strengthen the role of countries in preserving marine ecosystems, including enhancing institutional capacity, strengthening law enforcement, and forming partnerships with the private sector and communities
Historical Review Of Agrarian Reform Is The Idea Of A Complete Systematic Land Registration Program (Ptsl) That Affects The Land Rights Of The Indonesian People Rian Rahadian; Agung Sudjadi
Ipso Jure Vol. 1 No. 6 (2024): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4ys18w15

Abstract

Objective – Find out how the PTSL program that Prabowo Subianto will continue is related to the historical journey of agrarian reform in Indonesia. Research method – Using qualitative research methods by analyzing the History Book of the Journey of Agrarian Law in Indonesia or using historical analysis Findings – That the Complete Systematic Land Registration Program (PTSL) originated from Soekarno's Land Reform Ideas. Original - This research analyzes inductively that PTSL is a program that was born because of the thoughts of Indonesia's first president, namely Soekarno.
Management Of Inherited Property Left By Their Parents For The Heirs Of Minor Children M.Hasby Alfikri; Muhammad Muhammad
Ipso Jure Vol. 1 No. 6 (2024): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4fhbjc37

Abstract

:  Heirs themselves have the meaning of people who at the time of death are in a marital relationship with the testator, are related by blood, are Muslim and are not prevented by law from becoming heirs. In the distribution of inheritance experts, there are also several indicators, the first of which is age, a child can manage his own inheritance when he reaches the age of 21 or is married.A custodial guardian is a person who in reality exercises custodial authority as a parent over a child. One of the concepts of having a custodial guardian is to protect the rights and fulfill the child's basic needs and manage the child's assets in order to ensure the child's growth and development and the best interests of the child.Becoming a foster carer cannot be done easily. Foster carers must have responsibilities and conditions that need to be met. One of them is that foster carers must ensure that the children they care for have their needs met both physically, emotionally and spiritually. Inheritance management refers to the processes and actions that regulate, manage and protect inheritance inherited from heirs, especially if the heirs are minors. This management must comply with applicable law, both civil law and Islamic law, which regulates guardianship and the rights and obligations of guardians in safeguarding the interests of children.
Implementation Of Special Protection For Children As Victims Of Sexual Violence In The D.I. Yogyakarta Region Mita Sri Rejeki Mutmainah; Jeanne Darc Noviayanti Manik; Rio Armanda Agustian
Ipso Jure Vol. 1 No. 6 (2024): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/31r1t870

Abstract

The younger generation under the age of 18, including those who are still in the womb, is categorized as children. They are the successors of the nation's ideals and the foundation of hope for the nation's progress in the future, so they need to get protection and guidance in order to contribute optimally to national development. Children, in accordance with Law No. 35 of 2014 Article 1 number 2, are entitled to protection. This protection aims to ensure that they can live, grow, develop, and contribute optimally in accordance with human dignity, as well as avoid violence and discrimination. Behind these rights, children have limitations in protecting themselves from various dangers that can interfere with their mental, physical, and social health, as well as their lives as a whole. Therefore, they need help and support from others to ensure their safety and well-being. The state, both through the central and local governments, as well as related institutions, is required to provide Special Protection to children. This protection is provided in certain situations and conditions to ensure a sense of security for children from various threats that can endanger their growth and development. Ironically, despite various regulations and protection efforts, the rights of many children are still violated. They are victims of various forms of violence, exploitation, mistreatment, discrimination, and even inhuman actions. One of the rampant occurrences is sexual violence against children. Worse, the impact of sexual violence on children does not only depend on the type, but also how often they experience it. The more often, the greater the trauma suffered and the longer the recovery..
The Legal Status of Customary Villages within the Framework of Special Autonomy in Papua A Perspective on Legal Politics Frans Reumi; Tom Alfa Samuel Reumy
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/czd2p497

Abstract

The purpose of this article is to explore the normative perspective of legal politics in applying the principle of decentralization, which grants authority to regions to regulate and manage their governance. This principle is manifested in regional autonomy and special autonomy for certain regions, such as Aceh, Papua, and West Papua, with constitutional foundations in Articles 1, 18, 18A, 18B (1) and (2), and 28I (3) of the 1945 Constitution of the Republic of Indonesia. These articles provide the legal basis for recognizing special regions and areas governed by laws, as stipulated in Article 399 of Law Number 23 of 2014, and Articles 94 to 111 of Law Number 6 of 2014. Regarding special autonomy in Papua, both philosophical and juridical aspects are addressed by Law Number 2 of 2021, which amends Law Number 21 of 2001 on Special Autonomy for Papua Province. This is supported by Government Regulations Number 106 and 107 of 2021, and further enforced by regional regulations, such as Papua Province Regional Regulation Number 3 of 2022 and Jayapura Regency Regional Regulation Number 1 of 2022 concerning Customary Villages. These regulations provide the legal framework for the nine customary law communities in the Tabi/Mamta area of Jayapura Regency. From a sociological perspective, these customary villages function within a traditional leadership system, led by senior figures known as Ondofolo (Ondoafi), reflecting the embedded customary institutional framework..
Implications Of Filling The Position Of Attorney General By The President On The Independence Of The Prosecutor's Office In Carrying Out The Functions Of Judicial Power Sukamto Satoto; Ardilafiza Ardilafiza; Riky Musriza
Ipso Jure Vol. 1 No. 6 (2024): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1e2sf581

Abstract

This research aims to find out and understand the influence of the current mechanism for filling the position of Attorney General on the independence of the Prosecutor's Office in carrying out law enforcement functions. The research results show that The implementation of the mechanism for filling the position of Attorney General who is appointed and dismissed by the President has two consequences. Firstly, it opens up opportunities for intervention in the law enforcement function by the President, carried out with various motives and interests, thus affecting the independence of the law enforcement function of the Prosecutor's Office. The two positions of Attorney General were then held from non-Prosecutor professions and even held by political party cadres which influenced the impartiality and professionalism of the implementation of law enforcement functions by the Prosecutor's Office
The Strength of Private Agreements on the Division of Joint Assets Before Divorce and Their Consequences in Joint Asset Claims Intan Alpidoh; Lia Amaliya; Muhamad Abas
Ipso Jure Vol. 1 No. 10 (2024): Ipso Jure - November
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wgvzwx41

Abstract

The purpose of a marriage bond is to form a household that is sakinah mawadah warrahmah that lasts until the end of life. However, often this goal cannot be realized due to various kinds of conflicts in a marriage bond that eventually results in divorce. The end of the marital relationship due to divorce does not necessarily solve problems between divorced husband and wife, sometimes new conflicts arise after the occurrence of divorce, including regarding common property that is contested through a Joint Property Lawsuit. One way to anticipate the emergence of such conflicts is to make a Prenuptial Agreement that is carried out before marriage. The problem is what if the agreement is made before the divorce and how the strength of the joint property division agreement made before the divorce is reviewed from the Civil Code against the joint property lawsuit. Qualitative Research Method Using the Normative Juridical Approach Method. The result of his research is the evidentiary power of the agreement on the division of common property carried out under the hands before the divorce reviewed from article 1338 of the Civil Code and article 1320 of the Civil Code which guarantees the legal force of the agreement made before the divorce in the joint property lawsuit and also whether the agreement under the hands can be said to have perfect evidentiary power as per the principle of pacta sunt servanda.
Legal Protection for Public Housing Loan Customers Under Law No. 8 of 1999 on Consumer Protection in Housing Transactions Fazri Editiya Mahardika; Deny Guntara; Muhamad Abas
Ipso Jure Vol. 1 No. 10 (2024): Ipso Jure - November
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/d29hn512

Abstract

Public housing credit is a program aimed at addressing the housing backlog in Indonesia, yet its implementation faces various challenges. This research focuses on two main issues: (1) What happens to public housing loans when banks go bankrupt? (2) How can consumer issues be resolved when housing loans default? The study uses a normative judicial method. The findings reveal that while the People's Housing Credit (KPR) helps people acquire homes, significant risks arise if credit institutions go bankrupt or debtors default. In cases of default or bank bankruptcy, debtors must still fulfill their credit obligations. Consumer protection is outlined in the 1999 Consumer Law, which includes exit clauses in credit agreements. The government, through the Deposit Insurance Corporation (LPS), can rescue or liquidate banks according to Law No. 24 of 2004. Moreover, drafting fair contracts, offering credit restructuring, and providing insurance options can better protect debtors than asset auctions. Additionally, applying the principle of prudence in credit assessments, as per the Banking Law, is crucial to minimizing default risks. Stricter regulations and robust legal protections are essential for mortgages to effectively help people own homes while ensuring financial and legal stability.
Analysis Of The Influence Of Fake Discount Price Labels For A Product In The Marketplace On The Concept Of Business Competition And Responsibility Liza Erwina; Nurmalawaty Nurmalawaty; Syafruddin sulung Hasibuan
Ipso Jure Vol. 1 No. 6 (2024): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pbndrs76

Abstract

:  This study examines the fulfillment of the defendant's human rights during the judicial process in a premeditated murder case, based on Decision No. 319/Pid.B/2023/PN Smr. The case revolves around the defendant, who was accused and found guilty of premeditated murder. The study delves into various aspects of the judicial process, including the arrest, detention, trial proceedings, and the final verdict. It evaluates whether the defendant's rights were upheld in accordance with national and international human rights standards. Key findings highlight areas of compliance and potential violations, providing insights into the judicial system's handling of serious criminal cases. The research aims to contribute to the ongoing discourse on human rights within the Indonesian judicial framework, emphasizing the importance of safeguarding the rights of all individuals involved in criminal proceedings. This comprehensive analysis seeks to shed light on the effectiveness of existing legal protections for defendants, drawing attention to both strengths and weaknesses in the current system. Ultimately, the study underscores the necessity of continuous improvement in ensuring justice and human rights for all parties in criminal cases.

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