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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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Artificial Intelligence Legal Subjects? A Critical Analysis of the Limitations of Modern Legal Personification Loso Judijanto; Ojang Oo Muptiah; 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: 10.62872/6baw8m59

Abstract

The development of increasingly autonomous artificial intelligence has challenged the conceptual foundations of modern law, particularly related to the concept of legal subjects and legal accountability mechanisms. The Indonesian legal system until now does not have a specific regulation that explicitly regulates the legal status of artificial intelligence, so the regulation still depends on Law Number 1 of 2024 concerning Electronic Information and Transactions which places artificial intelligence as part of the electronic system. This approach departs from the assumption of human control that is increasingly difficult to maintain as adaptive capabilities and independent decision-making by technology increases. This condition creates a legal vacuum that has an impact on the uncertainty of responsibility attribution when artificial intelligence causes legal consequences. This study aims to critically analyze the position of artificial intelligence in the Indonesian legal system, relevant legal accountability models, and the limitations of modern legal personification. The research method used is normative juridical with a legislative, conceptual, and analytical-critical approach. The results of the study show that granting the status of legal subjects to artificial intelligence has the potential to cause normative distortions and weaken the principle of human accountability. Therefore, legal reform should be directed at strengthening risk-based regulations by affirming human responsibility as the main normative actor, in order to maintain legal certainty and substantive justice.
Collaborative Governance in the Implementation of Regional Sports Design: Realizing Sustainable Sports Governance in East Java Aditya Wahyu Dwi Kurniawan; Amirul Mustofa; Ika Devy Pramudiana
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/vzvqgt88

Abstract

This study examines the implementation of collaborative governance principles in the Regional Sports Design of East Java as a strategic approach to achieving sustainable and inclusive sports management. The application of collaborative governance involves multiple stakeholders, including local governments, the Indonesian National Sports Committee, the Indonesian National Paralympic Committee, the private sector, universities, and the broader community, in the formulation of adaptive and data-driven sports policies. This research analyzes five key dimensions starting conditions, institutional design, leadership, collaborative processes, and outcomes emphasizing the importance of inter-actor collaboration, capacity building among stakeholders, and transparency in decision-making. The findings indicate that effective collaboration among diverse actors enhances the equitable distribution of sports facilities, strengthens athlete development, and ensures the long-term sustainability of regional sports programs. Furthermore, this governance approach promotes inclusivity in disability sports by providing equal access for persons with disabilities to participate and compete at national and international levels. Overall, the study concludes that collaboration-based sports governance is essential for achieving sustainable, inclusive, and collectively beneficial outcomes in the long term
Miscarriage of Justice in Corporate Fraud Cases: The Legal Paradox of the Herlambang Gold Transaction in Indonesia Yuli Maria Lyanawati; M.Syahrul Borman; Vieta Imelda Cornelis
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/jn3e2z56

Abstract

This article examines a high value gold transaction dispute that illustrates how fragmented judicial reasoning, prosecutorial discretion, and corporate governance failures can converge to produce a miscarriage of justice in complex economic-crime cases. Using a socio-legal case study approach, the analysis reconstructs a transaction in which a buyer paid IDR 1.2 trillion for 4,000 kilograms of gold but received only 2,400 kilograms, a shortfall acknowledged by the selling corporation in civil proceedings. Early criminal cases convicted corporate insiders for fraud, recognizing the buyer as a victim. However, subsequent corruption proceedings reversed this position, alleging without evidentiary support that the buyer unlawfully obtained excess gold and caused state financial loss. Criminal courts accepted this narrative despite auditor testimony confirming the absence of state loss and despite inconsistencies with civil judgments. The findings reveal four systemic weaknesses: disregard of documentary evidence, role inversion from victim to offender, contradictory civil–criminal outcomes, and liability shifting driven by corporate governance failures. These dynamics align with broader patterns of wrongful convictions in economic-crime contexts. The study underscores the need for stronger evidentiary standards, improved inter-court coordination, enhanced forensic capacity, and clearer boundaries between commercial disputes and corruption enforcement
Legal Reform Perspectives on the Protection of Wives in Unregistered Marriages Pramidazzura Alifa Rifqi; Samsidar; Zulfiani
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: 10.62872/25x2dw27

Abstract

Unregistered marriage remains a prevalent practice in Indonesia and poses serious legal vulnerabilities for wives. Although Indonesian marriage law emphasizes compulsory registration to ensure legal order, it fails to provide substantive legal protection for wives when registration is not fulfilled. This normative gap places wives in unregistered marriages in a legally precarious position, depriving them of legal recognition, civil rights, and effective protection. This study employs a normative juridical method with statute, conceptual, and case approaches to analyze the weaknesses of legal protection for wives in unregistered marriages and to formulate legal reform perspectives. The findings indicate that the current legal framework prioritizes administrative legality over substantive justice, resulting in gender-based legal inequality. The absence of alternative protection mechanisms reinforces structural vulnerability and limits access to justice for wives. Therefore, legal reform is required to shift from a purely legal-formal paradigm toward substantive protection by recognizing and safeguarding certain civil rights of wives regardless of registration status. Strengthening the role of religious courts and integrating human rights and gender equality perspectives are essential to ensure fair and effective legal protection. Such reforms are necessary to align marriage law with constitutional guarantees of legal certainty, protection, and justice.  
Building Use Rights Over Management Rights in the Batam Free Trade Zone: A Perspective of Certainty and Legal Protection Anjas Setiawan; Helmi Helmi; Rosmidah Rosmidah
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: 10.62872/5879s384

Abstract

The Building Use Rights (HGB) on top of the Management Rights (HPL) is a form of state land utilization that develops in the practice of managing national strategic areas, especially in the Batam Free Trade Zone and Free Port. However, this practice raises complex juridical issues, especially related to the unclear legal status of HPL which is not explicitly regulated in the Basic Agrarian Law, thus having an impact on the weak certainty and legal protection for HGB holders. This study aims to analyze the legal status of HGB above HPL in the land management system in Batam, examine the application of Indonesian land law principles in its regulation and management by the Batam Business Agency, and formulate a reformulation of HGB regulation on HPL to ensure the protection of the rights of related parties. The research method used is normative legal research with legislative, conceptual, and systemic approaches, which are analyzed qualitatively with prescriptive reasoning. The results of the study show that the regulation of HGB above HPL is still characterized by a void and disharmony of norms, the dominance of the administrative authority of regional managers, and the application of the principles of legal certainty, justice, and protection of rights has not been optimal. This study concludes that it is necessary to reformulate the regulation of HGB above HPL through affirming the position of HPL as a state public authority, strengthening the status of HGB as a legally protected land right, and structuring the authority to manage areas to be in line with the principles of national land law and state law.
Legal Opinion: Legal Protection Towards Victim of Cyberbullying Case From the Perspective of Electronic Information and Transactions Law (UU ITE) Ni Made Padmawardhani Rakheswari
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/t97n1d37

Abstract

This study aims to examine the forms of cyberbullying and analyze the extent of legal protection provided to victims under Indonesian law, particularly through the Electronic Information and Transactions Law (Law No. 11 of 2008 as amended by Law No. 19 of 2016) and relevant provisions of the Indonesian Criminal Code. Using a qualitative normative–empirical approach, this research analyzes legal regulations, academic literature, and documented cases of cyberbullying to assess the effectiveness of existing legal frameworks in addressing online harassment, defamation, threats, extortion, hate speech, and cyberstalking. The findings reveal that Indonesian legislation has established comprehensive legal provisions to criminalize various forms of cyberbullying, as reflected in Articles 27, 28, and 29 of the UU ITE, as well as Articles 310 and 368 of the Criminal Code. These provisions demonstrate the government’s commitment to protecting victims; however, challenges remain in terms of legal implementation, public awareness, and the balance between law enforcement and victim protection. The study concludes that although Indonesia has made substantial efforts to regulate cyberbullying, continuous legal refinement, stronger victim-centered protection mechanisms, and enhanced digital literacy are essential to effectively address cyberbullying in the digital era.
Juridical Analysis of the Application of Reverse Proof in Corruption Cases Edi Bagus Waluyo Yuda Teguh Rahayu; Dudik Djaja Sidarta; Subekti Subekti
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: 10.62872/3cpq5e41

Abstract

This article discusses the juridical construction and implications of applying reverse burden of proof in corruption cases in Indonesia, with emphasis on its relation to the principle of legality and the presumption of innocence as fundamental principles in criminal law. The application of reverse burden of proof as regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 has sparked juridical debate regarding the extent to which this mechanism can be accepted within the framework of a rule-of-law state that upholds the principles of a fair trial and the protection of citizens' constitutional rights. Through a normative juridical research method, this article examines the normative tensions that arise when reverse burden of proof is confronted with the principle of non-self-incrimination and the concept of unlawful acts as essential elements in corruption crimes. The analysis results indicate that reverse burden of proof has a legitimate basis as an effort to combat corruption, which is considered an extraordinary crime, but its use must be positioned as a right, not an obligation of the defendant. Furthermore, its application cannot replace the state's duty to legally prove the elements of a criminal act, particularly the element of unlawfulness. Thus, the reverse burden of proof mechanism must be understood as a limited and balanced evidentiary strategy, to ensure that the judicial process remains within constitutional boundaries.
The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste
Ipso Jure Vol. 2 No. 10 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i10.60

Abstract

Human rights are inalienable and inherent to every individual from birth, encompassing fundamental guarantees such as the right to life, equality, security, health, image, and physical integrity. These rights exist to ensure that every human being can live with dignity, and therefore must be respected, protected, and upheld by the state. However, history shows that although human rights are theoretically innate, they have often been violated by those in power, particularly authoritarian regimes, and only gained recognition after prolonged struggles by communities against oppression. The state seeks stability and order, yet this objective can sometimes lead rulers to justify the violation of human rights. For this reason, mechanisms and advocates for human rights emerged to ensure that state power remains controlled and limited. Human rights must be integrated into constitutional and legal frameworks so that their protection becomes a national obligation. The experience of Timor-Leste under Portuguese colonization and Indonesian occupation highlights the critical importance of safeguarding human dignity and preventing the repetition of past violations. Torture and degrading treatment fundamentally contradict human rights because they harm life and dignity. In the contemporary world, human rights should not remain merely theoretical discussions but must be embedded in national laws to protect all citizens, particularly during times of conflict when violations are most likely to occur.
The History of Torture or Inhuman and Degrading Treatment Seen from the Perspective of Human Rights The Case of Timor-Leste
Ipso Jure Vol. 2 No. 10 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i10.60

Abstract

Human rights are inalienable and inherent to every individual from birth, encompassing fundamental guarantees such as the right to life, equality, security, health, image, and physical integrity. These rights exist to ensure that every human being can live with dignity, and therefore must be respected, protected, and upheld by the state. However, history shows that although human rights are theoretically innate, they have often been violated by those in power, particularly authoritarian regimes, and only gained recognition after prolonged struggles by communities against oppression. The state seeks stability and order, yet this objective can sometimes lead rulers to justify the violation of human rights. For this reason, mechanisms and advocates for human rights emerged to ensure that state power remains controlled and limited. Human rights must be integrated into constitutional and legal frameworks so that their protection becomes a national obligation. The experience of Timor-Leste under Portuguese colonization and Indonesian occupation highlights the critical importance of safeguarding human dignity and preventing the repetition of past violations. Torture and degrading treatment fundamentally contradict human rights because they harm life and dignity. In the contemporary world, human rights should not remain merely theoretical discussions but must be embedded in national laws to protect all citizens, particularly during times of conflict when violations are most likely to occur.
Implementation of Regulatory Supervision Regional Head (DPRD) in Dumai City Muhammad Zulhidayat; Elmayanti Elmayanti; Zulwisman Zulwisman; Separen Separen; Ricki Musliadi; Riyanda Elsera Yozani
Ipso Jure Vol. 2 No. 10 (2025)
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ij.v2i10.58

Abstract

The Regional Head Regulation in the hierarchy of laws and regulations can be interpreted through Article 8 paragraphs (1) and (2) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The existence of this Regional Head Regulation also raises several record problems, Regional Head Regulations have potential problems no less complicated than Regional Regulations. This is because the supervision of the Regional Head Regulation by the DPRD in Dumai City is not yet clear whose authority. Therefore, this study seeks to analyze how supervision of Regional Head Regulations is made in the context of delegation from higher laws and regulations as well as in the context of policy rules (beleidsregel). This research uses empirical juridical research methods. The results of this study show that the Dumai City DPRD has not been able to supervise the Regional Head Regulation made by the Mayor of Dumai. The suggestion in this study is that there must be clear rules regarding the authorities in supervising the Regional Head Regulation.

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