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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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Reconstruction of Equitable Customary Land Management To Improve The Investment Climate in Jayapura Regency Herry M polontoh; Dudi Mulyadi; Tri Yanuaria; Sobardo Hamonangan
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q7ambc04

Abstract

Customary land management in Jayapura Regency has a strategic role in encouraging regional economic growth through improving the investment climate. However, management practices have often caused problems such as land conflicts, legal uncertainty, and low participation of indigenous peoples in decision-making. This condition hinders investors from investing their capital optimally. This research aims to formulate a model for reconstruction of customary land management that is fair, provides legal certainty, and facilitates synergy between indigenous peoples, local governments, and investors. The research method used is a qualitative approach with a descriptive-analytical design. Data was obtained through in-depth interviews with traditional leaders, local government officials, investors, and academics, as well as through the study of relevant laws and regulations. The analysis was carried out using the Miles & Huberman interactive model technique, including data reduction, data presentation, and conclusion drawn. The results of the study show that equitable management of customary land requires formal recognition of customary rights, the existence of a clear written agreement mechanism between customary rights owners and investors, and the existence of permanent mediation institutions to resolve disputes quickly. The implementation of this reconstruction model has been proven to increase legal certainty, reduce potential conflicts, and encourage increased investment interest in Jayapura Regency.
The Future Prospects of the Evolution of Islamic Law Thought from the Classical to the Contemporary Era Muhammadong Muhammadong; Khaerunnisa khaerunnisa
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/12t6c512

Abstract

The growth of Islamic legal philosophy from the classical to the present era illustrates the rapid transformations in the social, political, and intellectual situations within the Muslim community. This study is based on the evolution of Islamic legal philosophy, transitioning from rigid interpretations of classical texts to more adaptable and contextual methodologies in the contemporary period. This research seeks to examine the future possibilities of Islamic legal thought by elucidating the elements that are catalyzing these transformations and its ramifications for the application of Islamic law in the modern context. The methodology utilized is qualitative, using literature analysis that includes both classical and contemporary materials, alongside the concepts of distinguished Islamic legal thinkers. The findings indicate that, notwithstanding difficulties in upholding the authority of traditional Islamic law, there exists considerable potential for the evolution of a more inclusive and adaptable Islamic legal framework to confront modern concerns. The study emphasizes the significance of discussion between classic and contemporary experts in influencing the future of Islamic legal philosophy.
Legal Regulation of Electric Vehicles in Indonesia: Challenges and Directions of National Policy Rudy Max Damara Gugat; Aditya Nugroho; Dimas Nu'man Fadhil
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/kcmcf990

Abstract

The global energy paradigm shift is driving the transformation of the transportation sector, where electric vehicles are seen as a strategic solution to reduce dependence on fossil fuels and reduce carbon emissions. Indonesia, through its commitment to net zero emissions 2060, has responded to this issue by issuing key regulations, namely Presidential Regulation 55 of 2019 and Presidential Regulation 79 of 2023. Presidential Decree 79/2023 expands the scope of policies, not only focusing on accelerating the adoption of electric vehicles, but also emphasizing industrialization, supply chain development, fiscal incentives, and infrastructure acceleration. However, this regulation is not yet fully in sync with Law 22 of 2009 concerning Road Traffic and Transportation, which is still oriented towards fossil fuel vehicles. This condition creates a regulatory gap in the aspects of type tests, safety standards, and battery waste management. Therefore, regulatory harmonization is absolutely necessary so that electric vehicles can operate legally, safely, and sustainably. This study uses a normative juridical method with a legislative, conceptual, and comparative approach, to examine the integration of Presidential Regulation 79/2023 with Law 22/2009. The analysis was carried out in a descriptive-analytical manner to find strengths, weaknesses, and needs for regulatory reform. The results of the research are expected to make a real contribution to the direction of national legal policies that are consistent, adaptive, and support the sustainable energy transition in Indonesia.
Political Imaging, Power, and Legal Accountability: A Normative Analysis Darmawan Sutawijaya
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/31ywgh57

Abstract

Political imaging is an inseparable phenomenon from the dynamics of modern democracy in Indonesia. Through imaging, political actors seek to build public legitimacy in order to gain and maintain power. However, in practice, political imaging often exceeds the legal boundaries by adopting manipulative practices such as spreading hoaxes, vote buying, or misusing state facilities. This situation raises two fundamental questions: how the role of political imaging can be understood from the perspective of Indonesia’s positive law, and what forms of legal accountability should apply when such practices contradict legal norms and the ethics of governance. This study aims to analyze the role of political imaging within the framework of positive law and examine mechanisms of legal accountability for such violations. The method employed is normative legal research using statutory and conceptual approaches, supported by an analysis of current phenomena such as the rise of public demonstrations expressing dissatisfaction with the discrepancy between political imagery and policy reality. The findings indicate that political imaging is legally legitimate as long as it complies with electoral regulations and the principles of clean governance. However, when misused, accountability may take the form of administrative, criminal, ethical, or political sanctions. Public demonstrations are thus interpreted as a form of social correction and political accountability exercised by the people, highlighting the importance of enforcing the rule of law to ensure that political imaging truly serves as a healthy democratic communication tool.
The Legal Power of Constitutional Court Decisions in the State System: Between Finality and Weak Implementation Bagus Anwar Hidayatulloh
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qz71d392

Abstract

This study examines the implementation of Constitutional Court (MK) decisions in Indonesia, which, despite being final and binding, often face obstacles. The purpose of this study is to analyze the factors contributing to the weak implementation of MK decisions and to provide recommendations for improving their effectiveness. The study used a qualitative approach with data collection techniques including documentation studies, in-depth interviews, and participant observation. The results indicate that political, institutional, and social factors influence the implementation of MK decisions. Political influence from the executive and legislative branches often hinders the implementation of MK decisions, while weaknesses in the oversight system and a lack of public understanding also contribute to worsening implementation. Therefore, this study recommends institutional reform, increased public awareness of MK decisions, and strengthening the MK's independence from political pressure to improve the effectiveness of MK decision implementation. This research is expected to contribute to strengthening Indonesia's constitutional system and ensuring that MK decisions can be better implemented.
Consumer Protection on Digital Trading Platforms: An Economic Law Perspective Burhan Sidabariba
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: 10.62872/52d2vt31

Abstract

The development of digital commerce has changed the pattern of modern economic interaction by presenting fast, efficient, and cross-border transactions, but behind these conveniences consumers face new vulnerabilities. Information asymmetry, misuse of personal data, and weak protection standards in electronic transactions pose significant potential losses. Law Number 8 of 1999 concerning Consumer Protection (UUPK) provides normative guarantees for consumer rights, while Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) presents legal legitimacy for electronic contracts as well as protection from fraud and misuse of data. However, the two regulations are still partially operational and have not been fully harmonious in responding to the complexity of digital trade. This study uses normative juridical methods with legislative and conceptual approaches to analyze the integration of the UUPK and the ITE Law in the context of economic law. The results of the study show that regulatory disharmonization creates legal uncertainty for consumers and business actors, so harmonization is needed that is able to ensure certainty, justice, and efficiency. Regulatory integration is expected to strengthen the digital consumer protection system, encourage public trust, and create a healthy, fair, and globally competitive digital trade ecosystem. Thus, digital consumer protection is not only a juridical dimension, but also an important strategy in national economic development
Cybercrime And Transnational Criminal Law: Tackling Online Fraud and Identity Theft Yusep Mulyana
Ipso Jure Vol. 2 No. 8 (2025): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zep90829

Abstract

The development of information and communication technology has presented new opportunities as well as challenges in the life of the global community. One of the negative impacts of digital transformation is the emergence of various forms of cybercrime, especially online fraud and identity theft. These two crimes have transnational characteristics so that they are difficult to deal with with national law alone. This study uses a normative juridical method with a qualitative approach to analyze national regulations and relevant international legal instruments in countering cybercrime. The results of the study show that Indonesia already has a legal basis through the ITE Law, the Criminal Code, and the Personal Data Protection Law, but still faces obstacles in terms of jurisdiction, capacity of law enforcement officials, and limitations of international agreements. At the global level, the Budapest Convention on Cybercrime and the United Nations Convention against Transnational Organized Crime (UNTOC) are important instruments, although their implementation is limited by the lack of universal state participation. Therefore, it is necessary to strengthen national regulations, increase international cooperation through extradition mechanisms and mutual legal assistance, and digital literacy of the public to prevent the widespread impact of online fraud and identity theft.
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
A Legal Study of The Crimes of Theft, Extortion, and Theft With Aggrevals in Criminal Responsibility Andi Herman; Muhammad Natsir; Elvi Susanti Syam; Sunardi Purwanda; Muhammad Sabir
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/v15q4j34

Abstract

This study aims to analyze the legal aspects of aggravated theft and the concept of criminal liability under Indonesian criminal law. Aggravated theft, as regulated in Article 363 of the Indonesian Criminal Code (KUHP), involves specific circumstances that increase the severity of the offense and consequently result in heavier punishment. The study examines the elements constituting aggravated theft, the factors considered in the determination of criminal responsibility, and the application of legal principles by courts in relevant cases. Using a normative juridical approach, the research employs a qualitative analysis of legislation, legal theories, and judicial decisions related to aggravated theft. The findings indicate that determining criminal liability in aggravated theft is not only based on the actus reus (the criminal act) but also on the mens rea (the criminal intent) of the offender. Furthermore, the study emphasizes the importance of proportional punishment to ensure fairness and justice in law enforcement. This research contributes to a deeper understanding of how Indonesian criminal law upholds justice in handling aggravated theft cases

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