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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 170 Documents
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Legal Implications of Inherited Land Certificate Split: A Review of Agrarian Law and Inheritance Law Perspectives Aisyah Aisyah
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/by4tmr38

Abstract

The breakdown of inherited land certificates in Indonesia faces serious challenges due to the insynchronization between the monistic agrarian legal system and the pluralistic inheritance law (civil, Islamic, and customary). This dualism creates normative and administrative barriers, especially when the process of renaming a certificate requires formal legal documents, while many societies still use a deliberation or customary-based non-formal inheritance system. This study aims to analyze the legal inconsistencies and the need for regulatory harmonization between agrarian law and inheritance law in the context of inherited land redistribution. Using normative juridical methods and legislative, conceptual, and case-case approaches, this study found that the absence of legal instruments recognizing the validity of non-notarial inheritance documents has triggered many inheritance land disputes. Weak legal accessibility and maladministrative practices further worsen the protection of civil rights of the community. Therefore, there is a need for a policy reformulation based on legal pluralism and responsive law that is able to accommodate social realities and ensure substantive justice. Strengthening the role of notaries, PPAT, and recognition of customary inheritances are strategic steps in building an inclusive, fair, and democratic land system. These findings are expected to be an important contribution to the national agrarian reform agenda based on justice and legal certainty.
Business Competition in the Expansion of Digital Corporations: A Legal Study of Anti-Competitive in the Technology Industry Riduwansah Riduwansah
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/kn5zah85

Abstract

The development of digital technology has revolutionized the global and national market structure to become more concentrated, with the dominance of giant tech corporations such as Google, Amazon, Meta, and Apple. Aggressive expansion carried out through killer acquisitions, predatory pricing, and strategic data mastery poses a serious challenge to the principle of healthy business competition as regulated in Law Number 5 of 1999. The legal norms in the law have not adequately addressed the complexity of anti-competitive practices in a dynamic, non-linear, algorithm-based digital ecosystem and big data. This study uses a normative juridical method with a comparative legal approach to examine the effectiveness of Law No. 5/1999 in overcoming digital dominance practices and evaluate existing regulatory gaps. The results of the analysis show the need for a legal reformulation that integrates an effect-based approach  and the principles of digital market justice in response to the new market structure colored by network effects and inequality of data access. Recommendations include institutional strengthening of ICC, establishment of an ex-ante supervision mechanism, and harmonization of regulations with cross-sectoral authorities. This study offers a progressive model of digital competition law that is adaptive to technological dynamics and contextual to national legal needs, in order to create a fair, inclusive, and sustainable digital business competition ecosystem in Indonesia.
Corporate Criminal Responsibility in Land Grabbing Crime Frans Reumi; Agus Iskandar PP; Mawarni Fatma
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rcxyps74

Abstract

Land grabbing by corporate entities is a form of structural crime that has a wide impact on land rights, the environment, and social justice in Indonesia. This practice is carried out through various manipulative mechanisms such as falsification of documents, power co-optation, and legal-formal but socially illegitimate land tenure. Unfortunately, the national criminal law framework has not been fully able to reach the complexity of these corporate crimes. This study aims to analyze corporate criminal liability in agrarian crimes with a normative juridical approach through a study of the Criminal Code, UUPA, and PPLH Law. The theory of corporate criminal liability and the concept  of piercing the corporate veil are used to connect structural errors in the corporate body with criminal offenses that occur. The results of the study show that there are normative gaps and weaknesses in law enforcement, especially in making corporations the subject of crime effectively. Therefore, it is necessary to integrate criminal, agrarian, and environmental law, as well as the establishment of special criminal norms that are lex specialis in agrarian law. The novelty of this research lies in the offer of reconstruction of corporate criminal law enforcement based on substantive justice. This reform is expected to be able to encourage agrarian sovereignty and the protection of people's constitutional rights
Digital Rights as a New Dimension of Human Rights: Regulatory Challenges in the Era of Artificial Intelligence Hotlan Samosir
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/gev0xr96

Abstract

The rapid development of digital technology, especially through the integration of artificial intelligence (AI), has encouraged the birth of a new dimension of human rights, namely digital rights. These rights include the protection of digital identity, privacy, data security, and freedom of expression in cyberspace, which have not been fully accommodated by the national legal system. In practice, the non-transparent and discriminatory use of AI runs the risk of violating individual rights, especially in automated decision-making, mass digital surveillance, and the reproduction of content without attribution. Indonesia still faces normative and institutional vacancies, especially in the ITE Law, the Copyright Law (UUHC), and the Personal Data Protection Law (PDP Law), which have not integrated human rights principles substantively. This study uses a normative juridical method with a conceptual and legislative approach to examine the effectiveness of digital rights protection in the midst of AI development. It was found that the Indonesian legal system requires legal reform based on the principles of fairness, algorithmic accountability, and substantive justice. It is also necessary to establish an independent supervisory authority and harmonize national regulations with international standards. In conclusion, the recognition of digital rights as an integral part of human rights is an essential condition for the sustainability of a democratic state of law in an increasingly complex and autonomous digital era..
Land and Digital Identity: The Potential and Threat of Electronic Certification to Indigenous Peoples Salha Marasaoly
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hfzgvz13

Abstract

: Digital transformation in the national land administration system through electronic certification brings hope for increased efficiency, transparency, and legal certainty. However, this modernization also raises serious problems related to structural inequality, especially in relation to customary law communities. Electronic certification based on individual ownership and formal digital identity is not in line with the principles of communal land tenure in customary law. As a result, indigenous peoples who do not have access to digital infrastructure and formal population documents experience digital exclusion which has a direct impact on the marginalization of customary land rights. Customary lands that are not officially documented become vulnerable to claims by other parties, including the state and corporations. This study uses a normative juridical approach by examining the synchronization between the UUPA, the ITE Law, and regulations related to electronic certification, as well as analyzing the acceptance of customary law principles in the digital system. The importance of reformulation of land policies that ensure formal recognition of customary rights through a community-based collective certification mechanism is emphasized. In addition, strengthening inclusive digital identities and the application of Free, Prior and Informed Consent (FPIC) principles are prerequisites to ensure the constitutional protection of indigenous peoples. Without a contextual and social justice-based legal approach, land digitalization risks becoming an instrument of structural exclusion that systemically threatens customary rights.
The Influence of ESG (Environmental, Social, Governance) on Corporate Value in the Indonesian Capital Market Tommy Aditia Sinulingga; Barran Hamzah Nasution; Marianne Magda
Ipso Jure Vol. 2 No. 6 (2025): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ahewga35

Abstract

In a global era marked by the climate crisis, social pressures, and demands for corporate transparency, the principles of Environmental, Social, and Governance (ESG) have evolved into strategic instruments in the capital market legal system. ESG no longer just reflects ethical preferences, but has become an objective parameter that is juridically recognized by regulators and investors in assessing a company's performance holistically. This study aims to examine the position and normative implications of ESG in the context of Law Number 8 of 1995 concerning the Capital Market, as well as its implementing regulations. The method used is normative juridical, with a legislative, conceptual, and limited comparative approach. The results of the study show that although ESG has not been explicitly regulated in the Capital Market Law, the principles of information disclosure and investor protection provide a basis for legitimacy for the implementation of ESG, which is strengthened by regulations such as POJK No. 51/POJK.03/2017. ESG also reflects the embodiment of the principles of Good Corporate Governance, as well as acting as a non-financial risk mitigation mechanism. Within a dynamic legal framework, ESG serves as an evolutionary form of capital market principles, which combine administrative and substantial compliance. Therefore, strengthening ESG regulations is a normative urgency in building an integrity, competitive, and sustainable Indonesian capital market.
Legal Analysis of Trading in the Digital Age: Weaknesses and Enforcement Efforts in Indonesia Dudi Mulyadi
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/mwftad66

Abstract

The development of digital technology has driven significant transformation in the trade and investment sector in Indonesia, especially in online-based trading practices. The integration of high-speed internet, big data, and automated trading algorithms makes it easier to access global markets, improve transaction efficiency, and expand public participation. However, these advances also pose legal risks, such as market manipulation, insider trading, investment fraud, and personal data protection breaches. Normatively, the regulation has been accommodated through Law No. 8 of 1995 concerning the Capital Market, Law No. 11 of 2008 jo. Law No. 19 of 2016 concerning ITE, as well as OJK and Bappebti regulations. However, the regulation has not fully anticipated the complexity of the digital ecosystem which is real-time and cross-jurisdictional. Challenges include limited surveillance technology, weak intergovernmental coordination, and low legal and financial literacy of the community. This study uses normative juridical methods with legal and conceptual approaches to assess the suitability, weaknesses, and needs of legal reform. The results of the study emphasized the urgency of regulatory harmonization, strengthening RegTech and SupTech, establishing an integrated law enforcement model, and international cooperation. This effort is expected to be able to build a digital trading ecosystem that is safe, transparent, adaptive to innovation, and globally competitive.
Measuring The Law On The Formation Of Laws And Regulations As A Touchstone Constitutional Review Mochamad Djalil; Dewi Ratih Kumalasari
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/f9hbej92

Abstract

This study examines the constitutional supremacy in shaping statutory regulations, positioning it both as a guiding framework and a binding compliance standard for the public particularly state authorities and their institutions. It argues that the Law on the Formation of Laws and Regulations serves as a definitive and legitimate benchmark in constitutional review. Nonetheless, practical realities reveal instances where the principle of utility can override arguments concerning formal defects in legislation and Government Regulations in Lieu of Law (Perppu). Employing a normative legal research method that integrates statutory and conceptual approaches, this paper provides a descriptive analysis of the issue. The findings indicate that constitutional review functions as an embodiment of constitutional supremacy through the judicial examination of laws, with the Law on the Formation of Laws and Regulations serving as a key parameter in determining constitutionality a parameter whose application continues to evolve.
Omnibus Law Policy in Encouraging Investment: Between Deregulation and Potential Legal Loopholes Herry M Polontoh
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/k31h8958

Abstract

The omnibus law policy  in Law Number 11 of 2020 concerning Job Creation was presented as a response to the complexity and fragmentation of national regulations that have long been the main obstacles to investment growth. Overlapping regulations between sectors, central-regional disharmony, and bureaucratic licensing procedures are considered no longer relevant to the demands of legal effectiveness and usefulness in the context of economic development. Using  a normative juridical approach, this study examines the formal and material validity of omnibus law within the framework of the Indonesian legal system, and examines its implications for the principles  of rule of law, social justice, and constitutional protection. The analysis was carried out through legislative, conceptual, and case approaches, especially the Constitutional Court Decision No. 91/PUU-XVIII/2020 which assesses procedural defects in the Job Creation legislation process. The results of the study show that although the omnibus law offers regulatory efficiency and ease of doing business, this approach leaves serious problems in the form of legal loopholes, multiple interpretations of norms, and potential violations of the principle of prudence in law formation. Therefore, the reformulation of deregulation policies based on the principles of the rule of law, public participation, and ecological justice is an urgent need to ensure that deregulation is not only pro-investor, but also in line with constitutional values and the sustainability of national development..
Legal Certainty for Investors in the Green Economy Ecosystem: An Analysis of Sustainable Investment Regulations in Indonesia Marianne Magda; Tommy Aditia Sinulingga; Suwarto Suwarto
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/d20w3h18

Abstract

Increasing global awareness of the climate crisis has driven a paradigm shift in development towards a sustainability-oriented green economy. Indonesia, as a party to the Paris Agreement and an implementer of the Sustainable Development Goals, is obliged to integrate sustainability principles into its investment policies. Legal certainty is a key pillar to create a stable and predictable investment climate, especially in long-term sectors such as renewable energy, sustainable natural resource management, and environmentally friendly infrastructure. This research uses normative juridical methods with legislative, conceptual, and comparative approaches, examining Law No. 25 of 2007, Law No. 32 of 2009, as well as international best practices such as the EU Taxonomy and Singapore's Green Finance Action Plan. The results of the study show that even though Indonesia already has a Green Taxonomy, its implementation is still limited, hampered by regulatory disharmony, weak institutional capacity, and the risk of greenwashing. The recommendations included the establishment of a nationally binding green taxonomy, coordination of central-regional policies, competitive legal and fiscal incentives, and firm law enforcement. This effort is expected to strengthen the competitiveness of Indonesia's green investment at the global level while ensuring a balance between economic growth, environmental protection, and social welfare

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