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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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Debtor Protection If Online Loan Crime Occurs Fenny Kodradjaja; Vieta Ilmelda Cornelis; Sri Astutik
Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qr8ks966

Abstract

Popular peer-to-peer lending fintech is also called online lending. As an innovation in the financial sector, online loans offer financial assistance to people in need and applying for loans is quite easy. Online lenders as financial service providers are regulated by the Financial Services Authority, which is an institution legally authorized to regulate, supervise, audit and investigate the financial services sector. However, in practice, online loan management in Indonesia often causes problems even though it is regulated and supervised by the OJK. These problems are related to personal data breaches, resolving intimidation, and several other problems. The purpose of this research is to find out what the legal regulations for online loans are in Indonesia and what legal protection is given to borrowers who make online loans through legal regulations in order to avoid problems related to online loans. This research uses normative legal research methods, the approach used is a legal approach. The results of this research show that the basis for regulating online loans is in OJK Regulation Number 10/POJK.05/2022 concerning Technology-Based Community Financing Services. The legal protection for online borrowers is divided into preventive protection, namely protection against criminal acts, and contains prohibitions on online borrowing. And law enforcement protection to resolve disputes that arise, support through out-of-court dispute resolution tools, the Alternative Financial Services Sector Dispute Resolution Institute (LAPS SJK) and legal defense of debtor interests by assisting in the initiation of legal efforts
Legal Aspects Of The Act Gambling Crime Online Krista Wijaya; M. Syahrul Borman; Hartoyo Hartoyo
Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/c65n1t54

Abstract

: Gambling is a game where players bet using money to choose one option among several options where only one option is correct and becomes the winner. Law enforcement against gambling is not optimal, gamblers and bookies are not punished in accordance with applicable law, even though gambling is clearly a criminal act that is against the law in Indonesia. The problem in this research concerns the legal aspects of online gambling based on Law Number 19 of 2016 concerning Electronic Information and Transactions and what are the inhibiting factors in law enforcement against online gambling based on Law Number 19 of 2016 concerning Electronic Information and Transactions. This research uses a normative research method. Research Results and Discussion: Legal aspects of online gambling have been regulated by Law Number 19 of 2016 concerning Information and electronic transactions and are enforced by law by carrying out preventive and repressive efforts. Inhibiting factors in law enforcement against online gambling are the legal factors themselves, human resource factors, infrastructure and facilities factors and community factors. The conclusion and suggestion in this research is that prevention efforts are needed by blocking sites that contain gambling content as part of the police's efforts to eradicate criminal acts of online gambling. Law enforcers must provide more information to the public about the dangers of online gambling crimes.
Legal Protection For Deep Vendors Procurement Of Government Goods And Services Stefanus Budi Juwono; Sri Astutik; Vieta I Cornelis
Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5y4kqx57

Abstract

The procurement of goods/services for government purposes is one of the instruments driving the economy; therefore, budget absorption through procurement is crucial. However, no less important is the implementation of effective, efficient, and economical procurement to maximize the benefits of budget utilization. This research is normative and employs a statutory approach. The data analysis method used is descriptive qualitative, in which data is presented descriptively and analyzed qualitatively. This study focuses on legal protection for goods/services providers in procurement agreements. Such legal protection is regulated under Article 85 of Presidential Regulation No. 12 of 2021, which establishes mechanisms for contract dispute resolution through dispute resolution services, arbitration, the Construction Dispute Board, or court proceedings. In the era of Disruption 4.0 and the challenges of VUCA (Volatility, Uncertainty, Complexity, Ambiguity), the government encourages the involvement of the private sector and society through e-purchasing via electronic catalogs. E-procurement serves as a solution to improving the efficiency of national financial management. Disputes arising from defaults in government procurement of goods/services may result in administrative sanctions or civil lawsuits, as stipulated in Presidential Regulation No. 12 of 2021.
Relationship Of The Crime Of Embezzlement Of Inheritance Rights  In The Family Environment Andre Sutjahja; Subekti Subekti; Suhartoyo Suhartoyo
Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/a4bmhe34

Abstract

The crime of embezzlement is a criminal act against human property as regulated in the Criminal Code (KUHP). Embezzlement can occur at all levels of society, from lower to upper classes, and often stems from trust that is later broken due to dishonesty. Even within families, a lack of mutual trust can lead to such crimes. This research examines the criminal responsibility of family members who embezzle inherited property. The study uses a normative juridical approach, analyzing secondary legal sources such as laws, books, and encyclopedias. The findings reveal that embezzlement of inherited assets involves unlawfully controlling property or rights that should be distributed among heirs. Inheritance consists of assets left by a deceased person (the heir) for their family (heirs) and must be divided according to legal provisions.  Article 367 of the KUHP categorizes theft within a family as embezzlement when committed by a family member. Meanwhile, Article 376 states that embezzlement within a family is a complaint offense, meaning prosecution can only proceed if the victim files a report. If the report is withdrawn, legal proceedings are halted. Thus, family embezzlement cases often depend on the victim’s decision to pursue legal action.
The Role of Restorative Justice in Handling Corruption Crimes H Yusep Mulyana; Andi Kurniawan
Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/nretpa14

Abstract

Restorative justice is an alternative approach in the criminal justice system that focuses on recovering losses due to criminal acts, including corruption. This approach emphasizes the involvement of perpetrators, victims, and the community in finding fair solutions and prioritizing recovery for the impacts caused. This study discusses the role of restorative justice in dealing with corruption crimes by analyzing its effectiveness, challenges, and application in the legal system in Indonesia. With a juridical-normative method and a qualitative approach, this study finds that restorative justice can be an instrument that complements the retributive approach, especially in the recovery of state assets and the prevention of repeated corruption. However, its implementation faces obstacles in the form of regulations that are not comprehensive and resistance in the application of restorative justice for corrupt actors. This study emphasizes the importance of policies that support the application of restorative justice in corruption cases to increase the effectiveness of law enforcement and provide broader benefits to society and the state.
The Effect of Harmonization of International Trade Regulations on the National Rule of Law sahwa desma anggraini
Ipso Jure Vol. 2 No. 1 (2025): Ipso Jure - February
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/b7x8bp59

Abstract

Globalization has changed the dynamics of international trade, strengthening global economic integration through organizations such as the WTO and trade agreements such as the RCEP. Harmonization of international trade regulations aims to create global market stability by harmonizing national and international regulations. However, major challenges arise for developing countries, including Indonesia, in maintaining the sovereignty of national law without neglecting international obligations. In this context, Indonesia faces dilemmas related to protectionist policies, such as restrictions on nickel ore exports and restrictions on horticultural imports, which often clash with WTO rules. This study aims to analyze the impact of harmonization of international trade regulations on Indonesia's national legal sovereignty and identify strategies that can be applied to overcome these challenges. Using normative juridical methods and case studies, this study explores the tension between domestic policy and international obligations. The results of the study show that the alignment between the Trade Law and international rules, as well as the adoption of a legal flexibility approach, can be a solution to balance national interests with global obligations. This research provides strategic recommendations for the Indonesian government in formulating trade policies that can strengthen the country's position in the global market without sacrificing domestic interests.
Legal Protection Of Early Marriage To Minors In The Perspective Of Law Number 16 Of 2019 Concerning Amendments To Law Number 1 Of 1974 Concerning Marriage Michael Putra Panjaitan; Deny Guntara; Muhamad Abas
Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gzfk9869

Abstract

Early marriage in Indonesia has entered an alarming stage with the number of early marriages continuing to climb as poverty in Indonesia increases. For the poor, early marriage is a pragmatic effort to reduce the economic burden born from the obligation to take care of their children. However, this actually worsens the condition because children who marry early find it difficult to get out of structural poverty. With a normative juridical method, this research is intended to understand the legal dynamics in the context of preventing early marriage in society. From this study, it was found that there was a legal gap in the revision of the Marriage Law and the absence of legal products that function to prevent early marriage so that the number of early marriages continues to increase and responsible actors can avoid their responsibilities by taking advantage of existing legal loopholes
The Influence of International Law on the Formation of National Law in Developing Countries Dhesy Arisandielis Kase
Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/73dd9825

Abstract

Globalization has led to an increasingly close legal interconnection between countries, so that the boundaries between national and international laws have become blurred. Developing countries such as Indonesia face major challenges in adapting the domestic legal apparatus to global norms driven by international organizations and multilateral agreements. This study aims to describe how international law influences the formation of national laws in Indonesia, using a descriptive approach through a literature study of ratified regulations and conventions. The findings show that while ratifications of international law such as CEDAW and UNCLOS have encouraged legislative reform, their implementation has often been hampered by legal pluralism, local values, and domestic political interests. In addition, the legal harmonization process often occurs top-down and with minimal public participation, posing a risk of non-adaptive legal transplantation. In this context, international law can be a means of normative domination that ignores local needs if not critically addressed. Therefore, developing countries need to develop a selective and contextual approach to accepting the influence of international law, so that the formation of laws remains based on the principles of sovereignty, social justice, and the sustainability of national law.
Influencer Criminalization For Content Harming The Public: A Study Of Criminal Liability In The Digital World Sherly Adam; Akhdiari Harpa Dj; Hamdani Hamdani
Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gz10e480

Abstract

: In today's digital era, influencers play an important role in shaping public opinion and public behavior through social media. As micro-celebrities, influencers have a strong emotional connection with their followers, which makes them a more trusted source of information than official institutions. However, this large influence poses the risk of disseminating inaccurate information, and even potentially harming the public. This phenomenon is even more complex when influencers spread misinformation or disinformation that has physical, psychological, or social impacts. Although the ITE Act has regulated the dissemination of digital content, it has not explicitly addressed the legal liability of influencers who disseminate harmful content. This creates a legal loophole that influencers can exploit to spread sensational content without considering the negative impacts. This study uses a normative juridical approach to examine the extent to which the ITE Law can accommodate criminal liability for influencers, as well as recommend legal reforms that are more responsive to digital dynamics. This research aims to provide a fairer and more contextual legal construction to overcome challenges in law enforcement in the digital world, while maintaining a balance between freedom of expression and public protection.
Legal Analysis of Lease Agreements Without Written Deeds Amalia Tasya
Ipso Jure Vol. 1 No. 9 (2024): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/1sk72t52

Abstract

Lease agreements are one form of contract that is common in society, both in the fields of property, vehicles, and other movable goods. In practice, many of these agreements are made verbally or without a written deed. This article aims to analyze the legal validity of lease agreements without a written deed based on the Civil Code (KUH Perdata) and examine its legal implications in social practice. Using normative legal methods and sociological approaches, it was found that oral lease agreements remain valid as long as they meet the requirements for a valid agreement as regulated in Article 1320 of the Civil Code. However, the absence of written documents has the potential to cause disputes, especially in proof before the law. Legal awareness and contractual education are needed so that the public better understands the importance of written agreements as legal evidence.

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