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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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Juridical Analysis of the Rights and Position of Heirs in Inheritance Disputes: Case Study of Decision Number 9/Pdt.G/2024/PN Tbt Marianne Ketaren; Abdul Haris Nasution; Hani Riadho Nasution
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: 10.62872/2c1qg991

Abstract

This study delves into the rights and positions of heirs in inheritance disputes, with a detailed analysis of Decision No. 9/Pdt.G/2024/PN Tbt. The primary focus is on how Indonesian law recognizes and upholds the rights of heirs in conflicts over inheritance. The case in question involves the heirs of the late PO Siregar and Turena Br Hutauruk, who were in a legal battle over the division of land and buildings left by the deceased. The study explores the legal principles, evidence, and court decisions that determined the distribution of assets among the heirs. It examines how the court interpreted relevant inheritance laws and applied them to establish the rightful claims of each party involved. By scrutinizing the legal proceedings and outcomes, this research provides insights into the functioning of Indonesian inheritance law, particularly in adjudicating disputes among heirs. The findings contribute to a broader understanding of how inheritance rights are protected and enforced in the legal system
Implementation of Pancasila On Prisoners At The Medan City Polrestabes Burhan Sidabariba
Ipso Jure Vol. 1 No. 3 (2024): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0hf5tq40

Abstract

Pancasila is a way of life in society and nation and the implementation of the values of Pancasila is not yet optimal. It is hoped that through this writing, we will be able to understand the meaning of Pancasila values and be able to apply them to prisoners at Polrestabes better and to love their nation and state with Pancasila characteristics more. In a general context, the impact of violations of Pancasila Values can cause social, political and economic damage which ultimately affects the welfare of society. Therefore, it is important for every individual and society to maintain and commemorate Pancasila Values in everyday life. This writing research has had a positive impact on the prisoners themselves. The results of this writing research are the role of the Medan Police in implementing the application of Pancasila which is interconnected with the rule of law and restorative justice. The democratic values in Pancasila must also be implemented in prison institutions. Prisoners' participation in making decisions that affect their lives needs to be accommodated. Restorative Justice finds its footing in the basic philosophy of the fourth principle of Pancasila.
Product Legality as a Legal Protection Effort for UMKM Industrial Brands in Indonesia Tengku Indira Larasati
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: 10.62872/9153hx42

Abstract

This research aims to investigate the role of product legality as an effort to legally protect the brands of the MSME industry in Indonesia. MSMEs play an important role in the Indonesian economy, but often face challenges in protecting their brands. Product legality is an important aspect in protecting MSME brands. The research method used is descriptive by collecting data from related literature and primary sources. The findings show that having products that have clear legality can provide stronger legal protection for MSME brands. A legal trademark registration process that complies with regulations can increase consumer trust, strengthen brand reputation, and reduce the risk of brand infringement. However, challenges such as high costs, complexity of the registration process, and lack of understanding of the importance of product legality are still obstacles for MSMEs. Therefore, there needs to be efforts from the government, non-government organizations and other related parties to provide support and resources to MSMEs in understanding and fulfilling product legality requirements.
Juridical Review of the Process of Revoking a Civil Decision Lawsuit Based on Article 271 Rv in Decision Number 413/Pdt.G/2024/PN Mdn" Maria Kaban
Ipso Jure Vol. 1 No. 1 (2024): Ipso Jure - February
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1fkgrr63

Abstract

Decision number 413/Pdt.G/2024/PN Mdn discusses the legal process for filing a lawsuit based on Article 271Rv. This case involved several parties, with the plaintiff filing to withdraw the lawsuit before the defendant gave an answer. The court stated that the action was in accordance with applicable legal provisions. The process of withdrawing the lawsuit in this case occurred before the lawsuit was read, at which point the judge stated that the withdrawal was not contrary to the law. The judge decided to grant the revocation and ordered the removal of the lawsuit from the register. In the context of Indonesian law, Article 271Rv is the main reference in handling the revocation of the lawsuit. This article allows the plaintiff to withdraw his lawsuit on condition that the withdrawal is carried out before there is a response from the defendant
Juridical Analysis of the Cassation Mechanism in acquittal Cases in Indonesia Aca Surya Putra Zai
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/hj4p7m64

Abstract

Indonesia's criminal justice system, which includes cassation against acquittals, plays an important role in ensuring justice and legal certainty. However, the application of cassation against acquittal has raised debates related to Article 244 of the Criminal Procedure Code, which expressly prohibits the filing of cassation against acquittal. This study aims to analyze the juridical application of the cassation mechanism in the case of an acquittal verdict and its legal implications. The research method used is a normative juridical approach, by analyzing relevant laws and regulations, court decisions, and legal doctrines. The results show that although Article 244 of the Criminal Procedure Code prohibits cassation against acquittals, Supreme Court jurisprudence, such as in the Raden Sonson Natalegawa case, shows flexibility through contra legem interpretation. This has led to complex legal consequences, both positive and negative, which impact on the parties involved and the integrity of the justice system. Therefore, continuous evaluation and adjustment is required to ensure that the goals of justice and legal certainty can be effectively achieved.
Islamic Perspective On Land Law In Indonesia Aisyah Aisyah
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/xy00ww64

Abstract

This writing has an Islamic view of land ownership in Indonesia, the discussion of which is not only the view of positive Indonesian law, but the view of Islamic Law. The aim is that it can be used as a legal comparison to broaden insight into the concept of land ownership. By comparing legal systems, we can find similarities or differences, so we can find out which one is better. The final conclusion of the writing is that there are several things, namely, First, that the concept of land ownership in positive law in Indonesia, including the Republic of Indonesia, in various applications/rules seeks to regulate the utilization, allocation and use of land for the benefit of humanity in Indonesia, and hereinafter known Ownership rules have a religious communalistic element, referring to the rule of collective rights of members of the customary law community over land, which in the customary law literature is called Ulayat Rights. The rules/concept of land ownership in customary law are: there are Ulayat rights, then the subject is the customary law community, then the object includes all land belonging to the customary law community. The rules/concept of land ownership from the perspective of Islamic law is that everything belongs to Allah Almighty, which is empowered to servants/humans, as humans we must use Allah's law, implement individual and public property rights in a balanced manner, finally there is no system of ownership/landlords. Especially for land rights related to community development, the principle of Community Based Resources Management, namely the principle of structuring natural resources of land and plantations based on the local community, should be expected. In this way, the Land Law will provide guarantees for the development of the ummah, which in turn creates a State that is bandatum toyyibatum wa Rabbun Ghafur, and spreads Rahmad for nature and all the ummah around it.
Juridical Review Of Standard Agreements In The Framework Of Consumer Protection Diana Pujiningsih
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/jqxcks37

Abstract

Exonerating clauses have been widely used in agreements due to their time and cost efficiency. However, as the use of these clauses has expanded, there have been instances of non-compliance with certain requirements, which have subsequently caused disadvantages to certain parties. Exonerating clauses are often employed in freight forwarding service agreements by companies to limit their legal liability in the event of loss or damage to a consumer's goods. From the perspective of consumer protection, the use of exonerating clauses can create an imbalance in rights and obligations between service providers and consumers. According to Law No. 8 of 1999 on Consumer Protection, consumers have the right to safety, comfort, and security in the consumption of goods and services. However, exonerating clauses can undermine or limit these rights, potentially causing harm to consumers. This paper will discuss the use of exonerating clauses in freight forwarding service agreements from the perspective of consumer protection based on the Consumer Protection Act. It will focus on how these clauses can be used unfairly by companies to avoid liability and how the law should protect consumers from such detrimental practices. This analysis is crucial to ensuring that the use of exonerating clauses does not conflict with the fundamental principles of consumer protection established by law.
The Essence of The Penalties in The Violation of The Civil War on Drugs in The City of Surakarta Ersya Ananda Kusuma Wardani; Muhammad Rustamaji
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: 10.62872/3xdt0352

Abstract

This legal research aims to provide a study and analysis of the existence of fines and their role in overcoming narcotics crimes in Indonesia according to Law Number 35 of 2009 concerning Narcotics. This study uses a non-doctrinal or empirical legal research method that puts forward the function of direct research in the field with a qualitative descriptive approach. The data used in this study consisted of two types, primary and secondary. The primary data used consisted of observations at the Surakarta District Attorney's Office, while the primary data used were official documents, books, reports, and other literary sources. The results of the study indicate that fines are considered not effective in reducing the rate of narcotics crime in Surakarta City because the nominal amount of fines is very high, and is considered not to fulfill the purpose of punishment because of the lack of implementation that can be replaced by non-perpetrators and the threats that have not been received can not follow the development of currency values in society.
Concept of Accountability Settlement Past Gross Human Rights Violations in Indonesia Husni Thamrin
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/fmqr8v19

Abstract

The Indonesian government is now seeking to resolve the country's past egregious human rights crimes. Although the current policies are encompassed within the regulatory framework concerning this issue: Legal disputes and activities that do not involve going to court. In the eyes of justice, these two approaches are not an option but a combination that can be used together. The problem is that the government's only choice leads to one solution: settlement outside the court. Methodology: Researchers compared settlement practices in several countries to conclude how Indonesia should solve past gross human rights violations. Finding: The ideal concept of state accountability for Past Serious Human Rights Violations in Indonesia consists of three ways, firstly by continuing its legal process to be completed through justice mechanisms such case 1998 Kidnapping Activist, Mysterious Shooting (Penembakan Misterius-Petrus), May 1998 Riots, Trisakti Student Shooting and Semanggi I-II case of 1998-1999 and Talangsari Case. The settlement was conducted by the Truth Commission for Reconciliation, addressing various cases of human rights violations. These include the 1965 case, human rights violations in Aceh from 1976 to 1998, such as the incidents at Rumoh Geudong, Sattis Aceh Post in 1989, and the Simpang KKA case in 1999. Additionally, it addressed human rights violations in Tanjung Priok, the murder of Dukun Santet from 1998 to 1999, and human rights violations in Papua from 1965 to 1998. Finally, making arrangements for legal processes regarding cases that took place after the implementation of the Human Rights Court Law, such as the Wasior Papua case from 2001-2002, the Wamena Papua case from 2003, and the Jambo Keupok Aceh case from 2003.
Evaluation Of Company Compliance With Consumer Protection Standards Rahmat Rahmat
Ipso Jure Vol. 1 No. 8 (2024): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/35cabn69

Abstract

Consumer protection is an important aspect in creating a healthy relationship between businesses and consumers. With clear regulations in place, consumer rights can be protected from potential risks and unethical business practices. This study aims to evaluate companies' compliance with consumer protection standards with a focus on existing regulations. Consumer protection is an important effort in safeguarding consumer rights and increasing public trust in companies. The research method used is normative juridical research, which examines the application of positive legal principles related to consumer protection, including an analysis of Law Number 8 Year 1999. The results show that many companies still experience non-compliance due to internal and external factors, such as unclear regulations and weak supervision. Companies' non-compliance with consumer protection standards is caused by internal factors, such as corporate culture that does not support business ethics, and external factors, such as weak law enforcement. To improve compliance, companies need to develop clear internal policies, conduct regular employee training, and implement stricter monitoring and evaluation. Comprehensive education and the use of supporting technology are also important to ensure that consumer protection is a top priority for companies.  

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