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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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The Role of Law in Protecting Vulnerable Groups: A Study of Access to Justice for Marginalized Communities Yusran Maaroef; Ester Balebu; Olivia Salintobe
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.v2i10.57

Abstract

This article examines the role of law in protecting vulnerable groups in Indonesia and evaluates the structural, institutional, and cultural barriers that limit their access to justice. Using a normative juridical method, combined with constitutional analysis and vulnerability theory, the study demonstrates that while Indonesia’s Constitution and statutory frameworks provide robust guarantees of equality and human rights, vulnerable communities continue to experience procedural disadvantages, discrimination, and institutional exclusion. The findings show that barriers arise from financial constraints, geographic disparities, institutional bias, evidentiary burdens, corruption, and fragmented sectoral regulation. These structural obstacles prevent marginalized individuals from realizing substantive equality despite formal legal protections. The article argues that improving justice accessibility requires a combination of institutional reforms, including stronger legal aid implementation, inclusive policymaking, enhanced oversight mechanisms, digital justice innovations, and harmonized regulations aligned with international human rights standards. Ultimately, the law can only function as a protective instrument for vulnerable groups if constitutional commitments are matched by responsive institutions and culturally informed legal practices. Ensuring justice for marginalized communities therefore requires sustained reforms that integrate legal, institutional, and social strategies to achieve dignity, fairness, and equal treatment.
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.
The Urgency of Implementing Restorative Justice in Handling Juvenile Crime: A Study of The Principles of Humanity And Justice Henny Saida Flora
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.v2i10.56

Abstract

This article examines the urgency of implementing restorative justice in handling juvenile crime by analysing the principles of humanity and justice that should guide child-centered legal processes. Using a normative juridical method combined with conceptual and comparative analysis, the study demonstrates that punitive criminal justice responses are incompatible with the developmental characteristics and human dignity of children. Restorative justice offers a more appropriate framework by emphasizing harm repair, accountability, dialogue, and reintegration. The findings reveal significant structural barriers to implementation in Indonesia, including limited facilitator capacity, inadequate victim support, fragmented inter-agency coordination, socio-economic disparities, and persistent punitive cultural attitudes. The article argues that meaningful restorative justice requires clear legal guidelines, standardized procedures, institutional training, community engagement, and integrated social support services addressing the root causes of juvenile offending. Strengthening restorative justice is imperative to ensure that children in conflict with the law are treated with dignity, fairness, and proportionality. The study offers policy recommendations to embed restorative principles in national justice systems, making juvenile handling more humane, equitable, and effective
The Political Direction Of The Law On The Establishment Of The Capital City Of Nusantara: Analysis Of Interests, Public Participation, And Regulatory Legitimacy Maulida Khairunnisa
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.v2i10.55

Abstract

This article examines the legal politics of Indonesia’s new capital, Ibu Kota Nusantara, by analyzing political interests, public participation, and the regulatory legitimacy of Law No. 3 of 2022. Using a normative juridical method, combined with constitutional and administrative law analysis, the study reveals that the formation of the IKN Law reflects strong executive centralization and strategic political objectives that influence the institutional design of the IKN Authority. Despite its national strategic status, the legislative process displayed limited transparency, minimal stakeholder involvement, and accelerated deliberation, raising concerns regarding compliance with constitutional participatory standards. The exceptional governance structure granted to the IKN Authority also presents challenges related to democratic accountability, land governance discretion, environmental safeguards, and oversight mechanisms. Procedural deficiencies at the legislative stage risk generating long-term legitimacy deficits that may extend into derivative regulations governing land use, investment, and environmental management. The study concludes that while the IKN project is framed as a transformative development agenda, its regulatory framework requires stronger participatory mechanisms, clearer oversight structures, and enhanced protections for local and indigenous communities to ensure long-term constitutional and political legitimacy.
Political Disinformation And Election Law Regulations In The Social Media Era Marudut Hasugian
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.v2i10.54

Abstract

Political disinformation on social media has emerged as a major threat to electoral integrity due to its rapid, large-scale dissemination driven by platform algorithms. This study analyzes the patterns of political disinformation and evaluates the weaknesses of Indonesia’s electoral regulatory framework in addressing digital-era challenges. A Systematic Literature Review was conducted under the PRISMA protocol, selecting 14 peer-reviewed articles published between 2014 and 2024 and synthesizing them thematically. The findings reveal that political disinformation spreads through echo chambers, coordinated buzzer networks, AI-generated manipulative content, and interpersonal distribution in encrypted private channels. At the same time, Indonesia’s electoral regulations show structural limitations, including the absence of a clear legal definition of political disinformation, insufficient digital monitoring authority for election supervisors, lack of rules on political microtargeting and voter data protection, and limited cooperation between regulators and global digital platforms. The study concludes that comprehensive reform is required, involving legal definitional updates, enhanced institutional technical capacity, increased transparency in digital political advertising, and the adoption of multilevel governance frameworks to manage cross-border platform dynamics. These insights provide a foundation for policymakers to develop an electoral regulatory system that is more responsive and resilient in the social media era
Criminal Law Reform Policy in Indonesia: Balancing Justice, Morality, and Human Rights H. Yusep Mulyana
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.v2i10.53

Abstract

Criminal law reform in Indonesia is not only a legislative process, but also a reflection of complex battles over values and political interests. This study aims to analyze the role of political law in shaping the balance between justice, morality, and human rights in the 2023 revision of the Criminal Code (KUHP). Using a qualitative approach through document analysis, case studies, and interviews with legal experts and human rights activists, this study finds that politics plays a dominant role in determining the direction of criminal law reform. The tug-of-war between conservative and progressive groups creates legal compromises that often blur the line between social morality and the protection of human rights. The results of the study show that criminal law in Indonesia still functions as an instrument of political legitimacy, not merely as a means of substantive justice. Therefore, a participatory and transparent approach is needed so that criminal law reform can uphold social justice without sacrificing the basic rights of citizens.
Political Disinformation And Election Law Regulations In The Social Media Era Marudut Hasugian
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.v2i10.54

Abstract

Political disinformation on social media has emerged as a major threat to electoral integrity due to its rapid, large-scale dissemination driven by platform algorithms. This study analyzes the patterns of political disinformation and evaluates the weaknesses of Indonesia’s electoral regulatory framework in addressing digital-era challenges. A Systematic Literature Review was conducted under the PRISMA protocol, selecting 14 peer-reviewed articles published between 2014 and 2024 and synthesizing them thematically. The findings reveal that political disinformation spreads through echo chambers, coordinated buzzer networks, AI-generated manipulative content, and interpersonal distribution in encrypted private channels. At the same time, Indonesia’s electoral regulations show structural limitations, including the absence of a clear legal definition of political disinformation, insufficient digital monitoring authority for election supervisors, lack of rules on political microtargeting and voter data protection, and limited cooperation between regulators and global digital platforms. The study concludes that comprehensive reform is required, involving legal definitional updates, enhanced institutional technical capacity, increased transparency in digital political advertising, and the adoption of multilevel governance frameworks to manage cross-border platform dynamics. These insights provide a foundation for policymakers to develop an electoral regulatory system that is more responsive and resilient in the social media era
Legal Liability for Algorithmic Malpractice in Digital Medical Diagnosis Teguh Santoso
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.v2i10.51

Abstract

The integration of artificial intelligence in digital medical diagnostics offers significant benefits but also introduces new risks, including algorithmic malpractice resulting from inaccurate or biased system outputs. This study examines the legal liability framework for algorithmic malpractice using a normative legal research method, analyzing statutory regulations, legal doctrines, and comparative international approaches. The findings indicate that liability remains predominantly placed on physicians, despite evidence that many algorithmic errors originate from design flaws, data bias, or technical failures outside clinical control. Hospitals and algorithm developers also contribute to systemic risks, highlighting the need for a multi-actor liability model. Regulatory reforms are required to establish algorithm audit obligations, risk assessments, human oversight mechanisms, transparency standards, and the adoption of shared or strict liability for developers. This study underscores the necessity of comprehensive regulation to ensure patient protection and legal certainty in the era of medical digitalization.
Disagreement Between Heavy Equipment Tax Regulations and The Mandate of The Constitutional Court Decision on Road and Environmental Damage Variables Mardiana Mardiana; Riza Purwanti; Denny Slamet Pribadi
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.v2i10.50

Abstract

This study examines in depth the disharmony between the Heavy Equipment Tax provisions in Law No. 1 of 2022 concerning Financial Relations between the Central Government and Local Governments and the mandate of Constitutional Court Decision No. 15/PUU-XV/2017. The research focuses on the inconsistency in the formulation of the basis for imposition and characteristics of Heavy Equipment Tax, which has not internalized the variables of road damage and environmental impact as negative externalities from the use of heavy equipment. The main legal problem lies in the absence of the integration of road/environmental damage weight coefficients as previously known in the Motor Vehicle Tax (PKB) regime, so that the regulatory objectives that should reflect the regulatory function are not achieved. In addition, the lack of clarity in the legal approach is evident in the methodological choice of the legislators, who only adopted a budgetary approach without considering the conceptual approach of the polluter pays principle and the relevant Pigouvian tax theory to control the externalities of heavy equipment. This study is a normative (doctrinal) legal study using a statute approach to assess the conformity of the HKPD Law with the Constitutional Court's decision and a conceptual approach to examine the need to include road and environmental damage variables in the design of heavy equipment tax. The results show that heavy equipment tax regulations in the HKPD Law are still oriented solely towards budgetary functions, without adequate regulatory instruments to correct the negative externalities of heavy equipment use on public roads and in operational areas. The conclusion of the study confirms that the failure to fulfill the Constitutional Court's mandate has led to uncertainty in the concept of heavy equipment tax regulation and resulted in a lack of synchronization between the constitutional goal of environmental protection and the design of regional fiscal policy.
The Effectiveness of Derivative Actions as a Means of Protecting The Interests of Minority Shareholders in Limited Liability Companies Mardiana Mardiana; Nun Fadillah Muslimah; Johan Tri Noval Hendrian Tombi
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.v2i10.49

Abstract

This study examines Derivative Actions as a legal instrument to protect minority shareholders in Limited Liability Companies in Indonesia based on Law Number 40 of 2007. The main issue discussed is the effectiveness of Derivative Actions in ensuring fairness and balance of power between majority and minority shareholders. The purpose of this study is to analyze the legal framework of Derivative Actions in the Indonesian corporate legal system and evaluate its relevance to the application of Good Corporate Governance (GCG) principles. This study uses a normative (doctrinal) legal method with a juridical, conceptual, and case approach. Data was collected from primary, secondary, and tertiary legal materials and analyzed qualitatively through legal interpretation. The findings show that Derivative Actions provide a solid legal basis for minority shareholders to sue Directors or Commissioners who violate their fiduciary duties; however, their practical application is still limited due to procedural complexity and lack of legal awareness. This study concludes that Derivative Actions play a vital role in realizing corporate justice, improving management accountability, and strengthening transparency and responsibility in corporate governance in Indonesia.

Page 16 of 17 | Total Record : 170

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