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Ipso Jure
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30327644     DOI : https://doi.org/10.62872/55p1zf80
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and researchers to address contemporary legal issues and trends that shape societies globally. All articles are published under the Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0), ensuring free access and reuse with proper attribution. Focus Ipso Jure focuses on exploring current and emerging legal challenges that influence the development and application of the rule of law. The journal seeks to publish original research that offers innovative perspectives, rigorous analysis, and practical insights into legal systems, theories, and practices. By fostering interdisciplinary and comparative approaches, Ipso Jure aims to contribute to global legal scholarship and promote dialogue among diverse legal traditions. Scope The journal welcomes original research articles, theoretical analyses, and policy reviews that address issues and trends in the following areas of law: Administrative Law Agrarian Law Banking Law Civil Law Commercial Law Comparative Law Constitutional Law Corporate Law Criminal Law Cyber Law Economic Law Environmental Law Human Rights Law International Law Legal Philosophy and Theory Legal Sociology Types of Contributions Ipso Jure primarily publishes original research articles (3,000–5,000 words) that present empirical findings, theoretical insights, or critical analyses. The journal also considers high-quality review articles or policy analyses that align with its scope and contribute significantly to legal scholarship. All submissions undergo a rigorous double-blind peer review process to ensure academic quality and integrity, as outlined in our Publication Process. Audience The journal targets a global audience, including: Legal scholars and researchers seeking to advance knowledge in law. Legal practitioners addressing practical challenges in their fields. Policymakers and government officials shaping legal frameworks. Students and educators exploring contemporary legal issues. Commitment to Open Access As an open access journal, Ipso Jure ensures that all published content is freely accessible to readers worldwide without financial or legal barriers. Authors retain full copyright of their work, and articles are licensed under CC BY-SA 4.0, promoting the widest possible dissemination and reuse of research. For submission details, please refer to our Author Guidelines. For questions about the journal’s focus and scope, contact the editorial team at nawalaedu@gmail.com.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 2 No. 9 (2025)" : 8 Documents clear
Juridical Analysis of The Application of Emergency Constitutional Law During The Covid-19 Pandemic Fitri Atur Arum
Ipso Jure Vol. 2 No. 9 (2025): Ipso Jure-October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4g68vq81

Abstract

The emergency situation raises concerns about potential abuses of power or human rights violations during the implementation of emergency measures. It is important to consider that emergency measures must be proportionate, non-discriminatory, and always take into account and protect the rights of citizens and the time frame for their resolution. This research is a normative legal research (normative juridical by examining literature materials with a secondary database to review the Covid-19 problem from the perspective of emergency constitutional law using a statutory approach (statue approach) by examining laws related to the issues being studied[1], conceptual approach, and comparative approach. This research produced findings, namely that there has been no regulation related to the term and supervision in Law 6/2018 and there have been no regulations related to the supervision of legislative institutions outside the trial forum and the period that regulates the enactment of the Perppu. Then., some emergency laws in Indonesia have not referred to Article 12 of the 1945 Constitution of the Republic of Indonesia, thus causing inconsistencies in the scope of the Emergency HTN in Indonesia.
ESG Governance and Transparency for Public Companies in Indonesia: Legal & Policy Implications Try Yanuaria
Ipso Jure Vol. 2 No. 9 (2025): Ipso Jure-October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ctw25t41

Abstract

This study analyzes the application of Environmental, Social, and Governance (ESG) as a legal instrument in the governance of public companies in Indonesia, focusing on normative legitimacy, regulatory effectiveness, and policy implications. Using a normative juridical research method, this study examines the Financial Services Authority Regulation (POJK) No. 51/POJK.03/2017 as the legal basis for the implementation of sustainable finance and its relationship with the principles of good corporate governance (GCG). The results of the analysis show that ESG has evolved into a binding legal norm, confirming the obligation of public companies to carry out their social and environmental responsibilities in a transparent and accountable manner. Although the legal framework has been established, there are still challenges in the aspects of regulatory harmonization, the absence of substantive sanctions, and the weak independent oversight mechanism. ESG also expands the legal responsibilities of directors and commissioners, who are obliged to ensure the integrity of reporting and the application of the principles of prudence. This research confirms that the integration of ESG into the Indonesian corporate legal system is a strategic step towards a fair, sustainable, and legal ethics-based governance paradigm. Policy reform through the establishment of the National Sustainable Governance Framework is recommended to strengthen the legal certainty and effectiveness of the implementation of ESG as a pillar of the legal legitimacy of public corporations in Indonesia
Digital Monopoly and Threats to Fair Competition : an Analysis of Antitrust Law in the Platform Ecosystem Herry M Polontoh
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.43

Abstract

The rapid expansion of the digital economy has given birth to a new market structure characterized by the dominance of data-based technology platforms, algorithms, and strong network effects, thus potentially giving rise to a form of digital monopoly that threatens healthy business competition. This study aims to analyze the phenomenon of digital monopoly through the perspective of Indonesian antitrust law, especially based on Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition. The research method used is normative juridical with a normative, conceptual, and analytical approach to practices and literature related to digital business competition law enforcement. The results of the discussion show that national anti-competition legal instruments face normative and technical challenges in reaching out to practices of abuse of dominant positions in the platform ecosystem, such as self-preferencing, digital bundling, and algorithmic-based market locking that are not explicitly covered in the classic indicators of market share and price. The lack of transparency of the system and the cross-border character of the global platform complicate ICC's supervisory capacity in enforcing the rules effectively. Therefore, this study emphasizes the urgency of reformulating an antitrust regulatory approach that is more adaptive to the reality of the digital economy, both through the redefinition of the concept of market power, strengthening enforcement jurisdiction, and the adoption of global principles that emphasize algorithmic transparency and fairness of access for all business actors.
Implementation of Criminal Law Enforcement Against Environmental Pollution in Indonesia Hafrida Hafrida; Dessy Rakhmawaty; M. Ricky Putra Herlambang
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.41

Abstract

Criminal law enforcement is an important instrument in protecting and managing the environment in a sustainable manner. This study aims to analyze the application of criminal law to environmental pollution based on Law Number 32 of 2009 and identify obstacles in its implementation. The focus of the study includes the effectiveness of criminal sanctions against polluters and factors that hinder the optimization of law enforcement. The method used is empirical juridical with a qualitative approach, through interviews, observations, and document studies at the Jambi City Environmental Office. Research shows that criminal law enforcement has not been running optimally. The administrative and restorative justice approach is more dominant, but it has not been effective in having a deterrent effect. The main obstacles include weak coordination between institutions, limited resources, and low awareness of business actors on environmental document obligations. In addition, the permissive legal culture and the infrequent application of criminal sanctions also weaken law enforcement. There is a need to strengthen synergy between agencies, increase the capacity of law enforcement officials, and balance between repressive and restorative approaches. More effective criminal law enforcement is expected to improve legal compliance and provide real protection for the environment.
Criminal Sanctions for Domestic Violence: Analysis of Effectiveness and Victim Protection Rahmat Setiawan; Arianti A. Ogotan; Endang Mustikowati
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.40

Abstract

This study analyzes the effectiveness of criminal sanctions against perpetrators of domestic violence and the level of legal protection provided to victims based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law). The approach used is a normative juridical method by examining relevant laws and regulations, doctrines, and judicial practices. The results of the study show that although the PKDRT Law has provided a strong legal basis in cracking down on perpetrators, its effectiveness is still weak due to structural constraints, patriarchal culture, and lack of victim perspective among law enforcement officials. Legal protection for victims is still formalistic and has not touched on the aspects of psychological and social recovery. Therefore, it is necessary to reconstruct the criminal law paradigm through a restorative justice approach that prioritizes the restoration of the dignity of victims, social reconciliation, and the prevention of repeated violence. Reformulation of norms and strengthening the capacity of law enforcement agencies is also an urgent need for the law to function as an instrument of substantive justice, not just a tool of punishment. This research emphasizes that justice in domestic violence cases must be realized through a balance between legal certainty, victim protection, and universal human values.
Jiwasraya Insurance Default Case: Civil Law Perspective in Consumer Protection Anwar Anwar
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.37

Abstract

The Jiwasraya Insurance default case raises complex legal implications, especially in the perspective of civil law and consumer protection. The legal relationship between the insurance company and the policyholder, which should be based on the principles  of pacta sunt servanda and good faith, turned into a dispute due to violation of contractual obligations and weak supervision. This research uses a normative juridical method with a legislative approach, especially Law Number 40 of 2014 concerning Insurance and Law Number 8 of 1999 concerning Consumer Protection. The results of the analysis show that the civil liability of insurance companies has not been effective due to the weak enforcement of the principles of prudence and transparency in business practices. Legal protection for consumers has also not been optimally implemented due to information inequality, low legal literacy, and lack of intervention by supervisory authorities. It is necessary to reconstruct the principles of civil law that are oriented towards substantive justice and corporate social responsibility so that consumer rights are comprehensively protected. Consistent law enforcement, dispute resolution system reform, and strengthening public legal literacy are key to realizing a transparent, accountable, and fair insurance industry.
Analysis of Industrial Design Rights Protection in Supreme Court of Indonesia Number 1865 K/PDT.SUS-HKI/2022 Based on The Principle of Novelty and The Principle of Good Faith in Law Number 31 of 2000 Mardiana; Adji Annisa Rahmadina; Khairunnisa Noor Asufie
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.36

Abstract

This study examines the Analysis of Industrial Design Rights Protection in the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022 as mandated by Law No. 31 of 2000 concerning Industrial Designs. The main issue discussed is the application of the principles of novelty and good faith in the legal protection of industrial designs, as well as how the court applies these principles in its judgment. The purpose of this research is to analyze the urgency of applying the principles of novelty and good faith to maintain a balance between the exclusive rights of design owners and the public interest, and to assess the consistency of the Supreme Court in upholding justice and legal certainty within the field of intellectual property rights. The research employs a normative (doctrinal) legal method using statutory, conceptual, and case approaches based on the Supreme Court Decision No. 1865 K/Pdt.Sus-HKI/2022. The data consist of primary, secondary, and tertiary legal materials, including legislation, academic literature, and relevant jurisprudence. The results show that novelty is an essential requirement for obtaining legal protection over industrial designs, while good faith serves as both a moral and juridical filter to prevent the misuse of rights by unqualified parties. The Supreme Court emphasized that legal protection is granted only if the design is genuinely new, aesthetically valuable, and registered with honesty and legitimate intention. The study concludes that the principles of novelty and good faith hold fundamental importance in Indonesia’s industrial design legal system. Both serve as the core foundation in determining the validity of registration and protection of industrial designs. The study recommends strengthening technical regulations and enhancing substantive examination by the Directorate General of Intellectual Property (DGIP) to ensure that industrial design protection becomes more effective, fair, and responsive to the growth of the creative industry.
Corporate Accountability in Major Corruption Cases: The Efficacy of Criminal Sanctions Under the New Criminal Code Law Frans Reumi; Harly Clifford Jonas Salmon
Ipso Jure Vol. 2 No. 9 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i9.35

Abstract

This study aims to analyze the effectiveness of corporate criminal liability for major corruption crimes based on Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code). Using the normative juridical method, this study examines the change in the criminal law paradigm from an individualistic orientation to the recognition of corporations as independent criminal law subjects. The results of the study show that the new Criminal Code provides a comprehensive legal basis for the application  of the principle of corporate criminal liability, through explicit provisions in Articles 45-51 that affirm the form of offense, the mechanism of proof, and the type of criminal sanctions against corporations. Additional crimes such as freezing business activities, dissolving corporations, and state supervision are considered more efficient in encouraging institutional reform than fines alone. However, the effectiveness of implementing this norm is still faced with institutional challenges, limited law enforcement capacity, and the need for uniform prosecution guidelines. Conceptually, the new Criminal Code marks the transformation of national criminal law towards a system that emphasizes a balance between substantive justice, legal certainty, and social benefit. Consistent, proportionate, and evidence-based law enforcement is the key to the realization of the rule of law against corporate entities in Indonesia.

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