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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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PERLINDUNGAN HUKUM KORBAN KEKERASAN SEKSUAL TPPO Andi Fadli. A; Muhammad Natsir; Elvi Susanti Syam; Bakhtiar Tijjang; Sunardi Purwanda
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: 10.62872/2y17bx63

Abstract

This study aims to analyze the legal protection provided to victims of sexual violence in human trafficking crimes (Tindak Pidana Perdagangan Orang or TPPO) within the Indonesian legal framework. Sexual violence as a form of exploitation in human trafficking represents a severe violation of human rights that undermines the dignity and safety of its victims. Using a normative juridical approach, this research focuses on the examination of legal instruments, including Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, Law No. 12 of 2022 on the Crime of Sexual Violence, and related provisions in the Criminal Code (KUHP). The study highlights that legal protection for victims of sexual exploitation under TPPO encompasses preventive, repressive, and rehabilitative measures. However, implementation remains constrained by weak law enforcement, lack of coordination among institutions, and inadequate victim recovery mechanisms. Findings indicate that strengthening victim-centered legal frameworks, ensuring comprehensive rehabilitation, and improving access to justice are crucial to achieving substantive protection for victims. This research contributes to a better understanding of how Indonesia’s criminal law should evolve to provide holistic protection and justice for victims of sexual violence in human trafficking cases, aligning with international human rights standards.
Regulation of “Bilik Asmara” in Indonesian Correctional Institutions Between Human Rights and Security Elvi Susanti Syam; Andi Hartawati; Sunardi Purwanda
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/jves7410

Abstract

The arrangement of conjugal visits or "romance rooms" for inmates in Indonesia is in a state of legal vacuum, leaving its implementation to the discretion of non-standardized correctional officers. This normative legal research aims to analyze these problems from the perspective of human rights (HAM) and state administrative law, as well as formulate proposed policy reformulation. Using legislative, comparative, and conceptual approaches, this study finds that current discretionary practices create legal uncertainty, inconsistencies, and are susceptible to abuse of authority, thus contradicting the General Principles of Good Governance (AAUPB). A comparative analysis of international jurisprudence (ECHR vs. the Italian Constitutional Court) and practice in different countries shows that although there is no absolute obligation, regulation-based conjugal visit arrangements are a global trend in support of rehabilitation goals. This study argues that the indefinite handover of authority to officers cannot be justified. As a solution, a policy reformulation model is proposed in the form of a Ministerial Regulation that comprehensively regulates principles, objective criteria, procedures, and accountability mechanisms. This regulation is recommended as a middle way to balance proportionately between the fulfillment of the right to personal life and the family of prisoners with the mitigation of security risks, in line with the mandate of Law No. 22 of 2022 concerning Corrections.
Restorative Justice for Traffic Crimes Resulting in Fatalities : Ethical and Legal Considerations Rachmadi Usman; Darsis Humah
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: 10.62872/5anep097

Abstract

The application of restorative justice (RJ) in fatal traffic accident cases in Indonesia still faces legal and normative challenges. This study uses a normative juridical method to analyze existing regulations and compare retributive justice with restorative justice within the Indonesian legal system. The findings show that while RJ offers a solution based on relationship restoration, Indonesia's legal system, dominated by retributive justice, still prioritizes criminal punishment as the primary resolution. Legal gaps and normative ambiguities are the main obstacles to the application of RJ in fatal accident cases. In conclusion, to optimize the application of RJ, legal reforms are needed to integrate RJ into Indonesia's judicial system, without neglecting victims' rights.
Shadow Policy-Making: Legal Analysis of Unwritten Policies in Modern Government Olivia Salintohe; Suzanna Lumeno; Erwin Taroreh
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/rwsdd644

Abstract

Contemporary governance practices increasingly rely on unwritten policies (shadow policies), such as informal directives, internal memoranda, and bureaucratic practices that function as de facto regulatory norms. Despite their direct impact on citizens’ rights, these unwritten policies lack explicit legal recognition within Indonesia’s administrative law framework. This study aims to analyze the legal status of shadow policies and examine the implications of normative gaps on the principle of legality, good governance principles, and the legal protection of citizens. Employing a normative juridical method with statutory, conceptual, and case approaches, this research finds a regulatory vacuum in Law No. 30 of 2014 on Government Administration and Law No. 12 of 2011 on the Formation of Laws and Regulations. This vacuum blurs the distinction between lawful discretion and informal policies, resulting in legal uncertainty, weakened accountability, and limited judicial oversight. The study concludes that normative reform is essential to regulate shadow policies in a controlled manner in order to strengthen legal certainty, protect citizens’ rights, and uphold the rule of law.
Reformulation of Criminal Sanctions for Recidivist Corruption Offenders Pramidazzura Alifa Rifqi; Mawarni Fatma
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/qemcpn49

Abstract

Corruption crimes as extraordinary crimes remain a serious challenge within Indonesia’s criminal justice system, particularly when offenders repeatedly commit corruption after serving their sentences. The phenomenon of corruption recidivism indicates the limited effectiveness of existing criminal sanctions. This study aims to examine the normative vacuum in regulating criminal sanctions for repeat corruption offenders and to formulate directions for reformulating more proportional and effective sanctions. This research employs a normative juridical method using statutory, conceptual, and limited comparative approaches. The findings reveal that Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on the Eradication of Corruption Crimes does not explicitly regulate aggravated sanctions for corruption recidivists, while recidivism provisions in Law Number 1 of 2023 on the National Criminal Code remain general in nature. This normative gap results in sentencing inconsistency and weak deterrent effects. The study recommends reformulating criminal sanctions through explicit regulation of corruption recidivism, strengthening additional penalties, and synchronizing the Anti-Corruption Law with the National Criminal Code to enhance the effectiveness of corruption eradication and substantive justice.
Legal Certainty in out-of-Court Dispute Resolution: Evaluation of Mediation and Arbitration Mechanisms Joupy G.Z Mambu
Ipso Jure Vol. 3 No. 1 (2026): Ipso Jure - February
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/sw4x4v35

Abstract

Out-of-court dispute resolution through mediation and arbitration has become increasingly preferred due to its efficiency, speed, and non-adversarial nature, yet the effectiveness of these mechanisms critically depends on the legal certainty of enforcing settlement results. This normative juridical research analyzes the regulatory framework governing the enforcement of mediation settlement agreements and arbitration awards, as well as the challenges in practice. The findings reveal three major issues that undermine legal certainty: a legal vacuum regarding the executorial authority of mediation settlements, ambiguity concerning the legal status of settlement outcomes, and normative contradictions between the principle of finality in non-litigation dispute resolution and judicial control. These issues prevent mediation and arbitration from fully guaranteeing finality, legal protection, and access to justice for disputing parties. Legal reform is therefore required to ensure automatic executorial power over mediation and arbitration outcomes and to harmonize regulatory norms to minimize excessive judicial intervention, enabling mediation and arbitration to function as independent and equivalent dispute-resolution forums that provide optimal legal certainty.
Commercialization of Citizen Data by Digital Platforms: Between Legality and Exploitation Anis Noviya; Unggul Sagena
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/beqpfa97

Abstract

The commercialization of citizens’ personal data has become a core element of digital platform business models through profiling, targeted advertising, and data analytics. The legality of such practices is commonly justified through user consent as the legal basis for data processing. In practice, however, consent is often formalistic and reflects an imbalance of bargaining power between platforms and users. This condition raises legal questions regarding the boundary between lawful data management and digital exploitation of privacy rights. This study aims to analyze the legality of data commercialization by digital platforms and to examine whether such practices constitute exploitation under personal data protection law. Using a normative juridical method with statutory, conceptual, and limited comparative approaches, this study finds a normative conflict between personal data protection principles and data driven economic practices legitimized by consent. Formal compliance does not necessarily ensure substantive privacy protection. The study concludes that restrictive interpretation of consent and stronger platform accountability are required to prevent the normalization of data exploitation in the digital economy.
Analysis of Good Faith in Subsidized Property Disputes; A Case Study of Delayed Housing Handover by Developers Andria Marchelia; Fajar Rachmad Dwi Miarsa
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/dxah3b29

Abstract

Subsidized housing programs are designed to ensure access to adequate housing for low-income communities. However, delays in the delivery of houses by developers frequently occur despite buyers having fulfilled their contractual obligations. Such disputes are not merely cases of breach of contract but also involve the principle of good faith in contract performance. This study analyzes the meaning and function of good faith in disputes concerning delayed delivery of subsidized housing and examines the implications of normative ambiguity on consumer legal protection. Using a normative juridical method with statutory, conceptual, and case approaches, the study finds that the absence of operational standards of good faith in the Civil Code and housing regulations leads to legal uncertainty and inconsistent judicial reasoning. Delays by developers are not consistently considered violations of good faith, thereby weakening consumer protection. The study concludes that explicit normative indicators of developers’ good faith and regulatory harmonization are essential to ensure legal certainty and substantive justice.
The Role of the State in Ensuring Workers’ Welfare According to the 1945 Constitution of the Republic of Indonesia Efendi Gunawan Sidiki
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/b63c0r45

Abstract

Workers’ welfare constitutes an integral part of state objectives and constitutional rights as mandated by the 1945 Constitution of the Republic of Indonesia. However, constitutional norms governing the role of the state in ensuring workers’ welfare are formulated in general and declarative principles, resulting in normative ambiguity in their implementation. This ambiguity has led to inconsistencies in labor policies, a shift in the state’s orientation from welfare guarantor to labor market facilitator, and weakened legal certainty for workers in claiming their welfare rights. This study aims to analyze the role of the state in guaranteeing workers’ welfare under the 1945 Constitution and to examine the implications of constitutional normative ambiguity on labor policy and protection. The research employs a normative juridical method using statutory, conceptual, and case approaches. The findings indicate that normative ambiguity allows the reduction of state obligations in labor and social security policies, causing workers’ welfare to be compromised by economic efficiency considerations. Therefore, strengthening constitutional interpretation that affirms the state as the guarantor of workers’ welfare and harmonizing labor policies with the social justice values of the 1945 Constitution are essential.
Viral Justice: The Influence of Social Media Culture on the Independence of Law Enforcement Henny Saida Flora; Taqyuddin Kadir
Ipso Jure Vol. 2 No. 12 (2026): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/fk6r6q02

Abstract

Social media culture has transformed the digital public sphere and significantly influenced law enforcement practices in Indonesia. The phenomenon of viral justice demonstrates how legal processes are increasingly exposed to public opinion pressure generated through online virality, functioning as a form of non-formal intervention beyond established legal mechanisms. This study aims to examine the impact of social media culture on the independence of law enforcement and its normative implications for the rule of law and due process of law. The research employs a normative juridical method using statutory, conceptual, and case approaches. The findings reveal that normative ambiguity within existing regulations has resulted in the absence of clear boundaries between digital freedom of expression and the protection of fair judicial processes. Consequently, law enforcement officials face reputational pressures that may shift decision-making from legal reasoning toward popularity-based responsiveness. This condition threatens judicial independence, undermines legal certainty, and creates unequal treatment between viral and non-viral cases. The study underscores the urgent need for explicit legal norms and strengthened institutional ethics to maintain a balance between digital freedoms and the integrity of the rule of law in the social media era.

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