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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 182 Documents
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Privacy, Surveillance, and Constitutional Rights in the Digital State Marudut Hasugian; Noviya, Anis
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: 10.62872/1w6a2t71

Abstract

The transformation of Indonesia into a digital state has intensified the use of digital surveillance technologies, including big data analytics, biometric systems, and algorithmic monitoring, in the name of public administration, security, and governance efficiency. While these developments promise administrative effectiveness, they simultaneously pose serious constitutional challenges to the protection of privacy as a fundamental right. This article examines the normative position of privacy within Indonesia’s constitutional framework and analyzes the problem of normative ambiguity surrounding state surveillance in the digital era. Employing normative juridical research with statute, conceptual, and case approaches, this study identifies the absence of clear constitutional limits on surveillance authority, vague standards for public interest and national security justifications, and weak mechanisms of accountability and oversight. The findings demonstrate that such ambiguity risks legitimizing an over-surveillance state and undermines legal certainty and substantive constitutional protection. This article argues that privacy in the digital state must be reconstructed as a core constitutional safeguard through clear legal bases, proportionality requirements, mandatory judicial authorization, and independent supervisory mechanisms, ensuring a balanced relationship between state power and fundamental rights.
Reconstruction of Criminal Law Policy in Tackling Digital-Based Crime in the Era of Artificial Intelligence Suwarto, Suwarto; Sutiarnoto, Sutiarnoto; Magda, Marianne
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/bjc35s29

Abstract

The development of digital technology characterized by the use of artificial intelligence has given birth to new forms of crime that are complex, anonymous, and cross-border, thus challenging the conventional construction of criminal law. The character of digital-based crime shows a fundamental shift from physical crime to system, data, and algorithm-based crime, which has not been fully accommodated in Indonesia's criminal law policy. This research aims to analyze the construction of criminal law policy in tackling digital-based crime in the era of artificial intelligence and formulate the idea of adaptive and fair criminal law policy reconstruction. The research method used is normative juridical with a statutory and conceptual approach, through an analysis of Law Number 1 of 2024 concerning the Second Amendment to the Law on Information and Electronic Transactions and Law Number 1 of 2023 concerning the Criminal Code. The results of the study show that criminal law policy is still reactive, fragmentary, and dominated by the classical paradigm, thus causing problems in the formulation of delicacies, criminal liability, and proof of crimes based on artificial intelligence. Criminal law policy reconstruction is needed through paradigm reform, harmonization of norms, strengthening the criminal accountability model, and integrating penal and non-penal policies to ensure legal certainty, community protection, and justice in the digital era.
Increasing Awareness of the Younger Generation on Political Participation in General Elections Hasugian, Marudut; Firman; Sofian , Muhamad
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/sza4qm30

Abstract

General elections are the main pillars of Indonesian democracy as stipulated in Article 27 of the 1945 Constitution of the Republic of Indonesia and Law Number 7 of 2017 concerning General Elections. The younger generation, which makes up about 55% of the total electorate, has a strategic role in determining the political direction of the nation. However, the phenomenon of political apathy and white groups (golput) among the younger generation shows a low awareness of their constitutional rights and obligations. This research aims to analyze efforts to increase the political awareness of the younger generation through political education and legal socialization. The method used is counseling and mentoring activities for students of SMK Negeri 8 Information and Communication Technology Jayapura on July 25, 2025. The results of the study show that systematic and comprehensive political education is able to increase the understanding of the younger generation about the importance of participation in elections, the right to vote as citizens, as well as the dangers of politicization and irrational mobilization. In conclusion, increasing the political awareness of the younger generation requires synergy between election organizers, the government, and educational institutions to form rational, critical, and actively participating voters in the democratic process.
Harmonization of Mineral and Coal Mining Licensing Regulations in the National Legal System Tinambunan, Hezron Sabar Rotua
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: 10.62872/4j7afw39

Abstract

Harmonization of mineral and coal mining (minerba) licensing regulations is a crucial issue in the national legal system, particularly following the amendment to the Minerba Law and its integration into the Job Creation Law regime. These regulatory dynamics have raised issues of norm synchronization, both vertically and horizontally, which impact legal certainty and natural resource governance. This study aims to analyze the normative construction of mineral and coal licensing within the regulatory hierarchy, identify forms of norm conflict, and formulate the urgency of regulatory harmonization from a rule of law perspective. This study uses a normative juridical method with a statute approach, a conceptual approach, and a legal system approach. Primary legal materials include the 1945 Constitution, the Minerba Law, the Job Creation Law, the Regional Government Law, and environmental and spatial planning regulations, which are analyzed prescriptively. The results show norm conflict in the form of central-regional authority conflicts, disharmony between mining business permits and environmental approvals, and overlaps between WIUPs and land rights. This situation undermines the principle of legal certainty (rechtssicherheit), potentially violating the principles of utility and justice, and weakening the legitimacy of state administrative actions. Harmonizing regulations through legislative review, strengthening norm synchronization mechanisms, and consistently applying the principles of lex superior, lex specialis, and lex posterior are prerequisites for realizing equitable and sustainable mining governance.  
Legal Responsibility in Smart Contracts in Blockchain Transactions Aslina, Neri; Noviya, Anis
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/d8kn5x96

Abstract

The development of blockchain technology has given rise to smart contracts as a self-executing, decentralized, code-based contractual mechanism. Their presence poses conceptual and normative challenges in the Indonesian contract law system, particularly regarding the legal standing and construction of the parties' responsibilities amidst a normative vacuum. This study aims to analyze the legal status of smart contracts from the perspective of Indonesian civil law and to formulate a relevant legal liability model for blockchain-based transactions. The research method used is normative legal research with statutory, conceptual, and analytical approaches. Primary legal materials include the Civil Code, the Electronic Transactions and Transactions Law, and regulations related to electronic transactions, while secondary legal materials include doctrine, liability theory, and literature on blockchain. The results show that smart contracts can be qualified as agreements as long as they meet the valid requirements of an agreement as stipulated in Article 1320 of the Civil Code. However, their immutable and automated nature creates tensions with the principles of freedom of contract and good faith. The identification of legal subjects in the blockchain ecosystem includes users, developers, validators, and platforms, with liability models that can be based on fault liability or the possibility of strict liability under certain conditions. The absence of norms has the potential to give rise to disparities in interpretation and legal uncertainty, so that a normative reconstruction is needed that is adaptive to the character of decentralization to ensure legal certainty, justice, and benefits.
Reconstruction of Notary examination mechanism as a witness in the investigation phase after the Constitutional Court decision Number 49 / PUU-X/2012 Bustani, Bustani
Ipso Jure Vol. 3 No. 2 (2026): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/x8k1ef88

Abstract

The position of the Notary as a public official who is authorized to make authentic deeds places him in a strategic position in the civil law proof system as well as in the criminal law enforcement process. In practice, it is not uncommon for a notary to be called and checked at the stage of the investigation regarding the deed drawn up by him. This study aims to analyze the concept of notary position in the investigation process as well as the mechanism of summoning and examination of notaries as witnesses after the decision of the Constitutional Court decision Number 49/PUU-X/2012. The method used is normative legal research with a legislative and conceptual approach, especially to the Notary Office Act and the Code of Criminal Procedure. The results showed that notaries can be called as witnesses, experts, or related parties, but still bound by the obligation to maintain the confidentiality of the position. After the Constitutional Court decision, the mechanism for calling notaries must still pay attention to the principle of protecting positions through special procedures as stipulated in Article 66 of the UUJN. Therefore, a balance is needed between the authority of investigators in uncovering criminal acts and the protection of the dignity and independence of the notary profession in order to ensure certainty, justice, and legal expediency.
The Integrity Crisis of State Apparatus: A Criminal Law Study of Systemic Corruption Practices Gussman, Angga Aldilla
Ipso Jure Vol. 3 No. 2 (2026): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/q7g05591

Abstract

Corruption, as an extraordinary crime, has developed into a systemic practice that threatens the integrity of state officials and weakens governance. The main problem in eradicating corruption lies not only in law enforcement but also in normative weaknesses, particularly the vagueness of norms regarding the element of "abuse of authority." This study aims to analyze how the vagueness of norms in criminal law on corruption contributes to the development of systemic corruption and its implications for the integrity crisis of state officials. The research method used is normative legal research with a statutory, conceptual, and case-based approach, through an analysis of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 as well as related doctrines and court decisions. The results show that the vagueness of norms regarding the element of abuse of authority gives rise to multiple interpretations in judicial practice, which has implications for disparate decisions, inconsistent law enforcement, and the emergence of the phenomenon of policy criminalization and impunity. This condition weakens the effectiveness of corruption eradication and is unable to create an optimal deterrent effect. Furthermore, these substantive weaknesses in the law are correlated with the weak integrity of state officials within the judicial system, thus reinforcing the systemic nature of corruption. Therefore, a reformulation of criminal law norms on corruption is needed that is firmer and more in harmony with administrative law, as well as strengthening the integrity of state officials to achieve legal certainty, justice, and legal benefits in eradicating corruption.
Legal Analysis of Money Laundering Crimes from the Perspective of Transnational Organized Crime Saputri, Fitri Arianti
Ipso Jure Vol. 3 No. 2 (2026): Ipso Jure - March
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xzaec714

Abstract

The development of globalization has led to an increase in money laundering as part of transnational organized crime, which has serious impacts on economic stability and national legal systems. This study aims to analyze the legal provisions of money laundering within the national and international legal frameworks, and to examine the ambiguity of the norm regarding "proceeds of crime" and its implications for evidence. The research method used is normative legal research with a statutory and conceptual approach, supported by primary, secondary, and tertiary legal materials through literature studies, and analyzed qualitatively using legal interpretation methods. The results show that although legal regulations have accommodated international principles, there is still ambiguity in the norm regarding the definition of "proceeds of crime," which gives rise to multiple interpretations and legal uncertainty. This impacts on the difficulty of proving, particularly in linking assets to predicate crimes in a cross-border context. Furthermore, limited international cooperation and differences in legal systems further complicate law enforcement. Therefore, normative reconstruction is needed through a more assertive and restrictive formulation and strengthening of the asset-based approach to increase the effectiveness of money laundering eradication.
Harmonization of Pancasila Values with the Principles of Maqasid Al-Syariah in the Framework of the Unitary State of the Republic of Indonesia (NKRI) Saman Nst, Abdul
Ipso Jure Vol. 3 No. 3 (2026): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/p56qcj91

Abstract

This research aims to comprehensively examine and analyze the harmonization of Pancasila values with the principles of Maqasid Al-Syariah within the framework of the Unitary State of the Republic of Indonesia (NKRI), as a conceptual and practical effort in strengthening national integration in the midst of the reality of pluralistic and religious Indonesian society. The research problem departs from the existence of discursive tensions regarding the relationship between religion and the state, which in some contexts has the potential to give birth to social fragmentation and ideological conflicts. Therefore, an integrative approach is needed that is able to dialogue national values with religious normative values in a constructive, systematic, and sustainable manner. This research uses a qualitative approach with a type of library research that is enriched through normative-philosophical, juridical, and conceptual approaches. The results of the study show that there is substantive coherence of values between Pancasila and Maqasid Al-Sharia, especially in the orientation towards the protection and maintenance of fundamental aspects of human life (al-kulliyat al-khams), namely hifz al-din (protection of religion), hifz al-nafs (protection of the soul), hifz al-'aql (protection of intellect), hifz al-nasl (protection of descendants), and hifz al-mal (protection of property). These values are implicitly internalized in the precepts of Pancasila which emphasizes the principles of divinity, humanity, unity, deliberative democracy, and social justice. Thus, there is no epistemological or axiological contradiction between the two, but rather a relationship that is complementary and mutually reinforcing. The theoretical implications of this study confirm the importance of developing an integrative paradigm between state ideology and sharia principles within the framework of modern nation-states. Meanwhile, practically, the results of this research contribute to strengthening the ethical basis in public policy formulation, national legal development, and governance oriented to public interest, substantive justice, and respect for Human Rights (HAM). Thus, the harmonization of the values of Pancasila and Maqasid al-Syariah is a strategic foundation in building an inclusive, fair, and sustainable life of the nation and state within the framework of the Republic of Indonesia.
Conflict of Norms Between Regional Regulations and Higher Legislation: Analysis of the Principle of Legal Hierarchy Marudut Hasugian
Ipso Jure Vol. 3 No. 3 (2026): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hbfj8j81

Abstract

Conflicts between regional regulations and higher-level laws and regulations are a common problem in the Indonesian legal system and have implications for legal uncertainty. This study aims to analyze the application of the principle of legal hierarchy in resolving these normative conflicts and to identify the causal factors and effectiveness of the resolution mechanisms. The research method used is normative legal research with a statutory, conceptual, and case approach, supported by primary, secondary, and tertiary legal materials. The results of the study indicate that normatively, the principle of lex superior derogat legi inferiori has provided a strong basis for maintaining normative consistency, but its implementation still faces various obstacles, such as weak regulatory harmonization, limited capacity of regional regulation makers, and the influence of local political interests. In addition, conflict resolution mechanisms through judicial review by the Supreme Court and executive review by the central government have not been fully effective due to dualism of authority and implementation obstacles. This condition has an impact on regulatory disharmony, disrupted investment climate, and decreased public trust in the law. Therefore, it is necessary to strengthen preventive mechanisms through harmonization from the planning stage, integration of the supervisory system, and affirmation of the role of the principle of legal hierarchy as the main instrument in maintaining the consistency of the legal regulatory system in Indonesia.

Page 18 of 19 | Total Record : 182

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