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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 212 Documents
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Exploitation of Legal Loopholes in the Regulatory System: A Justice and Legal Certainty Perspective Basri Basri
Ipso Jure Vol. 3 No. 4 (2026): Ipso - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5dvexe41

Abstract

Legal loopholes are a phenomenon inherent in every regulatory system, arising from editorial imperfections, normative voids, interpretive ambiguities, and social developments that outpace the formation of laws and regulations. This study aims to analyze the exploitation of legal loopholes from the perspective of substantive justice and legal certainty, by evaluating their impact on the integrity of the Indonesian legal system. Using normative legal research methods with statutory, conceptual, and case approaches, this study finds that opportunistic exploitation of legal loopholes creates tension between formal legality and substantive justice, and threatens public trust in the rule of law. The results indicate that legal loopholes stem from four main factors: (1) weaknesses in legislative drafting; (2) technological and economic developments that outpace regulations; (3) inconsistencies in judicial interpretation; and (4) conflicts of norms between regulatory levels. This study concludes that there is a need for a reconstruction of the legal formation paradigm that is oriented towards preventing regulatory loopholes from the planning stage, accompanied by strengthening judicial review mechanisms and developing the doctrine of teleological interpretation.
Adaptive Law in the Era of Disruption: Legal Flexibility in Facing Global Change Jemielka Roosje Satyana Pilongo; Yohanis Yabes Tjiaman
Ipso Jure Vol. 3 No. 5 (2026): Ipso - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/9wq2vd69

Abstract

The era of technological disruption marked by the revolution in artificial intelligence, blockchain, the platform economy, and digital transformation has placed conventional legal systems at a critical juncture that requires a fundamental response. This study examines the concept of Adaptive Law as a new legal paradigm that offers flexibility, responsiveness, and regenerative capacity in the face of unprecedented acceleration of global change. Using a normative legal research approach enriched with a comparative analysis of the implementation of adaptive law in various jurisdictions, this study finds that legal systems that are resilient and relevant in the era of disruption are those that integrate continuous renewal mechanisms, regulatory sandboxes, sunset clauses, and multi-stakeholder participation in the norm-formation process. The results of the study indicate that adaptive law is not merely procedural flexibility, but rather a comprehensive legal philosophy that requires a fundamental reconstruction of how the legal system is conceptualized, formed, and implemented. The study's conclusion confirms that the transformation towards adaptive law requires systemic institutional reform, a shift in legislative paradigms, and the development of institutional capacity capable of keeping pace with the increasingly rapid pace of technological and social change.
Legal Accountability for Artificial Intelligence-Based Decisions from a Modern Legal Perspective Siska Sanjahaya
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/72achm15

Abstract

The rapid development of artificial intelligence (AI) technology has penetrated various sectors of human life, from healthcare and finance to law enforcement to government administrative decision-making. The integration of AI into decision-making processes raises a fundamental question in legal science: who is legally responsible when an algorithm-based decision causes harm to a third party. This study examines the construction of legal liability for AI-based decisions from a modern legal perspective, focusing on two main dimensions: the existing normative framework and applicable liability models. The research method used is normative legal research with statutory, conceptual, and comparative approaches. The results show that Indonesia's positive legal framework does not explicitly regulate liability for AI decisions, necessitating comprehensive legislative reform. Furthermore, the product liability and shared liability models are considered the most relevant for application in the AI ​​context to ensure adequate legal protection for the public. This article concludes that a multi-actor approach with a specific regulatory framework for AI is the best solution that aligns with the principles of the rule of law.
Who Owns Ai-Generated Content? Examining Copyright Challenges in The Era of Generative Artificial Intelligence Rizky Wisudawan Katjong; Revie Kurnia Katjong
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/m2vbag14

Abstract

The emergence of generative artificial intelligence technologies such as large language models and image diffusion models has fundamentally changed the landscape of creative work, as machines are now capable of producing text, images, music, and audiovisuals with a level of sophistication that resembles human work, thus giving rise to legal uncertainty regarding who is entitled to be called the creator and copyright holder of such content. This article aims to critically examine the conceptual and normative challenges faced by the copyright regime, particularly Indonesian copyright law, in responding to the phenomenon of works produced by generative artificial intelligence, by placing the principles of legal flexibility and adaptability as the main analytical framework amidst global technological disruption. This research uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative legal approach, by examining relevant primary, secondary, and tertiary legal materials, including developments in decisions and policies in the United States, China, and Indonesia. The study results show that the requirements of authenticity and human authorization that are the foundation of Law Number 28 of 2014 concerning Copyright have not explicitly anticipated works born from autonomous generative processes, thus creating a normative vacuum regarding the legal status of artificial intelligence outputs, responsibility for copyright infringement in the data training process, and the division of ownership between users, platform developers, and training data providers.
Juridical Analysis Of State Boundary Determination From The Perspectives Of International Law And Indonesian National Law Kabella Azzahra; Rahmianti Ranti Pawari; Adystia Sunggara
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6kr1rd38

Abstract

The determination of state boundaries is crucial for safeguarding sovereignty and ensuring legal certainty. As an archipelagic nation, Indonesia faces unique challenges in aligning national legislation with international standards. This study analyzes the legal framework and implementation of state boundary determination from the perspectives of international law and Indonesian national law. Using a normative legal research method with statutory and conceptual approaches, this study examines the synergy between UNCLOS 1982 and Indonesian laws, including Law No. 43 of 2008. The findings reveal that while the normative legal framework is adequate, significant legal gaps persist due to differing delimitation methods (equidistance vs. equitable principles) and unresolved unilateral claims in strategic areas like the North Natuna Sea. This study concludes that resolving these deadlocks requires stronger harmonization between domestic enforcement and international maritime jurisprudence, alongside enhanced inter-agency technical coordination.
Adaptive Law in The Era of Disruptions: Legal Flexibility in The Face of Global Change — Who Owns Ai-Generated Content? Examining Copyright Challenges in The Era of Generative Artificial Intelligence Joupy G.Z Mambu
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/b8wwva97

Abstract

The emergence of generative artificial intelligence technologies such as large language models and image diffusion models has fundamentally changed the landscape of creative work, as machines are now capable of producing text, images, music, and audiovisuals with a level of sophistication that resembles human work, thus giving rise to legal uncertainty regarding who is entitled to be called the creator and copyright holder of such content. This article aims to critically examine the conceptual and normative challenges faced by the copyright regime, particularly Indonesian copyright law, in responding to the phenomenon of works produced by generative artificial intelligence, by placing the principles of legal flexibility and adaptability as the main analytical framework amidst global technological disruption. This research uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative legal approach, by examining relevant primary, secondary, and tertiary legal materials, including developments in decisions and policies in the United States, China, and Indonesia. The study results show that the requirements of authenticity and human authorization that are the foundation of Law Number 28 of 2014 concerning Copyright have not explicitly anticipated works born from autonomous generative processes, thus creating a normative vacuum regarding the legal status of artificial intelligence outputs, responsibility for copyright infringement in the data training process, and the division of ownership between users, platform developers, and training data providers. 
Cooperation Between Countries in the Enforcement of International Criminal Law as an Effort to Combat Transnational Crimes That Threaten World Peace Adelia Nafa Aura; Imanudin; Cik Marhayani
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/aen5z746

Abstract

Transnational crime is a form of crime that develops along with increasing globalization and technological advancement, thus posing a threat to world security, order, and peace. The characteristics of crimes that cross national borders mean that their enforcement cannot be carried out based solely on national law, but requires the role of International Criminal Law and cooperation between countries. This research aims to analyze transnational crimes from the perspective of International Criminal Law and examine the importance of cooperation between countries in supporting law enforcement against these crimes. This research uses normative legal research methods with a legislative approach and a conceptual approach. The data used were in the form of primary, secondary, and tertiary legal materials obtained through literature studies, then analyzed qualitatively descriptively. The results of the study show that International Criminal Law has provided various legal instruments, such as the United Nations Convention against Transnational Organized Crime (UNTOC) 2000, the 1948 Genocide Convention, and the 1998 Rome Statute, as the basis for law enforcement against transnational crimes. However, the effectiveness of law enforcement is highly dependent on cooperation between countries through the Mutual Legal Assistance (MLA) mechanism, extradition, information exchange, and coordination with international organizations such as INTERPOL, UNODC, and the United Nations. Therefore, strengthening international cooperation is an important factor in increasing the effectiveness of international criminal law enforcement to combat transnational crime and realize world security and peace.
Analysis Of The Limits Of Criminalization Of New International Crimes Based On International Law Aprilia Ma Ulina; Angga Aldilla Gussman
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/tn466484

Abstract

The development of globalization and technological advances has given birth to various new forms of crime that are transnational in nature and have the potential to threaten the interests of the international community. This condition has given rise to a debate about the limits of criminalization of an act as an international crime based on international law. This study aims to analyze the limits of criminalization of new international crimes based on the principles of international law and identify the legal parameters that must be met in order for an act to be categorized as an international crime. This study uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach. Legal materials are obtained through literature studies which include international regulations, conventions, the 1998 Rome Statute, books, scientific journals, and other relevant legal documents. The results of the study show that an act cannot be categorized as an international crime just because it has a broad impact or is cross-country. Criminalization must be based on the principle of legality (nullum crimen sine lege), recognition through international treaties or customary international law, protection of the fundamental interests of the international community, and the existence of individual criminal responsibility. New forms of crime, such as ecocide, cybercrime, and the abuse of artificial intelligence, still face juridical and political challenges to gain recognition as international crimes. Therefore, it is necessary to develop international criminal law that is adaptive, but still guided by the principles of legal certainty, respect for state sovereignty, and the protection of human rights.
The Legality Of Interfaith Marriages Held Abroad In The Perspective Of International Civil Law Joshian Syah; Arifin Faqih Gunawan
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ya4knm10

Abstract

Interfaith marriage held abroad is one of the legal issues that still raises debate in the Indonesian legal system. The difference in regulations between Indonesian law that bases the validity of marriage on religious law and the laws of some countries that recognize civil marriage cause many Indonesian couples to choose to marry abroad. This study aims to analyze the legal arrangements regarding interfaith marriages held abroad and analyze its legality and legal consequences from the perspective of Indonesian International Civil Law. This study uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach. Legal materials are obtained through literature studies consisting of primary, secondary, and tertiary legal materials, then analyzed qualitatively. The results of the study show that the legality of interfaith marriages held abroad is not only determined by the law of the country where the marriage takes place (lex loci celebrationis), but must also pay attention to Indonesian national law through the principle of lex patriae and the principle of ordre public. Article 56 of Law Number 1 of 1974 concerning Marriage recognizes marriages carried out abroad as long as they do not conflict with the provisions of Indonesian law. Therefore, the recognition of interfaith marriages held abroad must consider the balance between respect for foreign law and protection of the basic principles of national law in order to realize legal certainty and protection of the rights of the parties.
Constitutional Protection of Citizens' Rights in The Era of Artificial Intelligence Governance Thahir
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/cejtx005

Abstract

The rapid integration of artificial intelligence (AI) into public administration, law enforcement, and judicial decision-support systems has generated a new frontier of constitutional inquiry concerning the protection of citizens' fundamental rights. This article examines the extent to which existing constitutional frameworks, particularly Indonesia's 1945 Constitution (UUD 1945), remain adequate to safeguard rights such as privacy, due process, equality before the law, and freedom from arbitrary state action when governmental functions are increasingly delegated to algorithmic systems. Employing a normative-juridical method supported by comparative and conceptual approaches, the study analyzes constitutional doctrines, statutory instruments, and comparative regulatory models, including the European Union's Artificial Intelligence Act and General Data Protection Regulation. The findings indicate that although the Indonesian constitutional order recognizes broad human rights guarantees under Chapter XA of UUD 1945, it lacks explicit doctrinal tools to address algorithmic opacity, automated discrimination, and diminished accountability inherent in AI-mediated governance. The article argues for a reconceptualization of constitutional rights doctrine to encompass a right to explanation, algorithmic due process, and institutional oversight mechanisms capable of supervising AI deployment by state organs. It concludes that constitutional adaptation, rather than wholesale constitutional amendment, offers the most viable pathway toward reconciling technological governance with the protection of citizens' fundamental rights.

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