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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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Juridical Implications of State Boundary Setting onSovereignty in the Perspective of International Law Legina Legina; Cik Marhayani; Muhammad Aziz Zulkifli
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/tvs04p86

Abstract

The regulation of a country's territorial boundaries is one of the fundamental aspects of international law because it is closely related to the exercise of sovereignty, jurisdiction, and protection of the territorial integrity of a country. This study aims to analyze the regulation of state territorial boundaries from the perspective of international law and examine its juridical implications on the implementation of state sovereignty. The research uses normative legal research methods with a legislative approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of international conventions, laws and regulations, and international court decisions, as well as secondary legal materials in the form of books, scientific journals, and expert opinions. The results of the study show that the regulation of territorial boundaries through international legal instruments, especially the 1945 United Nations (UN) Charter and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), provide a legal basis for countries to exercise sovereignty and resolve territorial boundary disputes peacefully. However, in its implementation, there are still various obstacles, such as overlapping territorial claims, differences in interests between countries, and the implementation of international dispute settlement institutions' decisions has not been optimal. Therefore, it is necessary to strengthen international cooperation, compliance with international law, and resolve disputes through peaceful mechanisms to realize legal certainty and maintain state sovereignty.
Getting To Know International Civil Law: When Cross-Border Laws Meet Muhammad Khadhaffie; Adystia Sunggara; Rahmianti Ranti Pawari
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/yetn1j12

Abstract

Globalization has encouraged increasing interactions among individuals and legal entities originating from different countries. Developments in technology, international trade, foreign investment, and cross-border population mobility have given rise to various legal relationships containing foreign elements. These conditions create legal issues that cannot be resolved solely based on a single national legal system. In such circumstances, Private International Law plays a role as a branch of law that regulates private legal relationships connected to more than one country. This article aims to examine the definition, scope, fundamental principles, and role of Private International Law in resolving cross-border legal issues. This study employs a normative legal research method using statutory and conceptual approaches through library research. The findings indicate that Private International Law has an important function in determining judicial jurisdiction, the applicable law, as well as the recognition and enforcement of foreign judgments. The existence of Private International Law provides legal certainty and protection for parties involved in legal relationships containing foreign elements. As cross-border relations continue to increase, the role of Private International Law becomes increasingly important in realizing justice and legal certainty in the era of globalization.
International Legal Analysis of the Crime of Aggression under the Rome Statute Mariska Juliana; Arifin Faqih Gunawan; Wijayono Hadi Sukrisno
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qf97rh67

Abstract

The crime of aggression is one of the most serious international crimes because it threatens global peace and security. This crime occurs when a state uses armed force against another state in violation of international law. To address this issue, the international community, through the Rome Statute, recognizes aggression as one of the crimes under the jurisdiction of the International Criminal Court (ICC). This article aims to analyze the regulation of the crime of aggression under the Rome Statute and the role of the ICC in prosecuting perpetrators of aggression. The study employs a normative legal research method using statutory and literature approaches. The findings indicate that the regulation of aggression in the Rome Statute represents an important step toward maintaining international peace and ensuring legal accountability for unlawful acts of aggression.
Artificial Intelligence and Legal Accountability: Challenges for Modern Legal System Henny Saida Flora; Darsis Humah; Ichsan Sjuhudi
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/tngf9q93

Abstract

The rapid diffusion of artificial intelligence (AI) into judicial administration, notarial practice, law enforcement, and financial services has exposed a structural gap between the autonomous, opaque, and self-learning character of algorithmic systems and the anthropocentric assumptions embedded in classical doctrines of legal responsibility. This article examines the extent to which fault-based liability, strict liability, and vicarious liability doctrines remain adequate to address harm generated by AI systems, and evaluates comparative regulatory responses in the European Union, the United States, Singapore, and Indonesia. Employing normative legal research through statutory, comparative, and conceptual approaches, this study finds that existing Indonesian instruments principally the Electronic Information and Transactions Law and the Personal Data Protection Law regulate AI only tangentially and leave algorithmic accountability, auditability, and causation largely unaddressed. By contrast, the European Union's risk-based Artificial Intelligence Act imposes graduated obligations of transparency and human oversight according to risk classification. The article argues for a hybrid accountability model combining risk-tiered liability rules, mandatory algorithmic auditing, statutory human-in-the-loop requirements for high-risk systems, and a dedicated compensation mechanism, as a normative foundation for future Indonesian AI legislation
Between Freedom of Expression and Public Order: An Analysis of Police Discretion in Handling Anarchic Demonstrations Hermanto Dewey Hutabarat; M. Syahrul Borman; Dudik Djaja Sidarta
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/t1089e71

Abstract

Demonstrations, as a manifestation of freedom of expression guaranteed by the constitution, in practice often escalate into anarchic actions that disrupt public order and can lead to criminal acts. This situation places the Indonesian National Police in a position that is both strategic and complex, because on one hand they are obliged to protect the constitutional rights of citizens, while on the other hand they must enforce the law and maintain public order through the exercise of discretionary authority. This study aims to analyze the discretionary authority of the police in law enforcement against acts of anarchism that occur during demonstrations, as well as to examine the factors that influence the application of such discretion. The method used in this study is legal research with a normative juridical approach reinforced by a sociological juridical approach, through analysis of legislation, police policies, and relevant legal literature. The results of the study indicate that police discretion is a legally valid authority within the framework of positive law and serves as an instrument to address the limitations of written norms when facing dynamic and escalating demonstration situations. However, the implementation of discretion is influenced by normative, institutional, and situational factors, as well as the personal factors of officers. Therefore, without adequate regulation, officer professionalism, and effective oversight mechanisms, the application of discretion has the potential to create legal uncertainty and human rights violations. Thus, strengthening regulation and discretionary governance becomes an essential need to ensure law enforcement that is proportional and accountable.
Legal Construction of Corporate Liability for Coal Mine Reclamation: A Normative Study and Enforcement Constraints Andi Ferial Junaedy; M. Syahrul Borman; Nur Handayati
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/yfqg1n51

Abstract

This research is motivated by the persistent weakness in enforcing corporate liability for coal mining reclamation, despite its formal regulation under Indonesian positive law. Reclamation as an instrument for environmental restoration is often treated merely as an administrative obligation, resulting in suboptimal protection and recovery of the environment. The research addresses two main issues: the legal construction of corporate liability in coal mining reclamation under Indonesian law and the obstacles to enforcing such liability in practice. This study employs normative legal research using statutory, conceptual, and analytical approaches, based on a literature review of primary, secondary, and tertiary legal materials. The findings indicate that, normatively, corporations are recognized as legal subjects directly responsible for reclamation as a legal consequence of natural resource exploitation. However, the enforcement of corporate liability remains constrained by normative ambiguities, regulatory disharmony, conceptual tensions between fault-based liability and high-risk mining activities, evidentiary difficulties in establishing causation, and institutional weaknesses in governmental oversight. These constraints significantly undermine the effectiveness of reclamation obligations as instruments for environmental protection and restoration within coal mining activities in Indonesia.
Criminal Liability For Phishing And Data Breach Crimes In Digital Transactions Agussapriadi Lubis; M. Syahrul Borman; Nur Handayati
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/n09kg073

Abstract

The accelerated growth of digital transactions has intensified exposure to cybercrime risks, particularly phishing and data breaches, which undermine personal data security and erode public confidence in electronic systems. Despite Indonesia’s adoption of the Law on Information and Electronic Transactions and the Law on Personal Data Protection, phishing and data breach incidents persist and continue to generate difficulties in the practical application of criminal law. This study seeks to examine the forms of criminal liability that may be attributed to perpetrators of phishing and data breach offenses within digital transaction contexts, while also identifying the principal barriers to effective criminal law enforcement against these crimes. The research applies a normative legal methodology using statutory and conceptual approaches, grounded in an analysis of relevant legislation, criminal law doctrines, and key theoretical frameworks concerning cybercrime and personal data protection. The findings indicate that phishing and data breach crimes can be subject to criminal liability even though phishing is not explicitly formulated as a specific offense; however, their enforcement faces normative, conceptual, evidentiary, institutional, and technological obstacles. These constraints reflect tensions between fundamental principles of criminal law and the dynamic nature of cybercrime, highlighting the need for a more adaptive and effective criminal law policy to ensure the security of digital transactions
CONSUMER PROTECTION IN INTERNATIONAL TRADE E-COMMERCE TRANSACTIONS AN OVERVIEW FROM AN INTERNATIONAL CIVIL LAW PERSPECTIVE Zaki Alhafis; Anis Rindiandi; Arifin Faqih Gunawan
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/f6dzae93

Abstract

The development of information technology has encouraged the rapid growth of e-commerce transactions in international trade which makes it easier for business actors and consumers to conduct cross-border transactions. On the other hand, these developments also raise various legal problems, especially related to consumer protection due to differences in legal systems, jurisdictions, and dispute resolution mechanisms between countries. This study aims to analyze the form of legal protection for consumers in international trade e-commerce transactions and their dispute resolution mechanisms from the perspective of International Civil Law. This research uses normative legal research methods with a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that consumer protection in international e-commerce transactions is not only based on national law, but also requires the application of the principles of International Civil Law, such as choice of law, choice of forum, and recognition of foreign judgments. Dispute resolution can be done through litigation or non-litigation, especially international arbitration which is considered more effective in resolving transnational trade disputes. Therefore, it is necessary to harmonize regulations, cooperate between countries, and strengthen the consumer protection system in order to create legal certainty and effective protection in international trade e-commerce transactions.
The Effectiveness of the 1998 Rome Statute and the International Criminal Court in Preventing Impunity for War Criminals Shindi; Angga Aldilla Gussman; Husni Thamrin
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3cdj0g63

Abstract

War crimes are one of the serious violations of international humanitarian law that still raise the issue of impunity for the perpetrators. The presence of the 1998 Rome Statute and the International Criminal Court (ICC) is an effort by the international community to realize criminal accountability for war crimes perpetrators through a permanent international justice mechanism. This study aims to analyze the regulation of war crimes law enforcement based on the 1998 Rome Statute, assess the effectiveness of the ICC in preventing impunity, and examine the conflict of norms that are obstacles in its implementation. This study uses normative legal research methods with a statute approach, a case approach, and a conceptual approach. The legal materials used include the 1998 Rome Statute, the Charter of the United Nations, the 1949 Geneva Conventions, the judgments of the International Criminal Court, as well as various relevant legal literature. The results of the study show that the 1998 Rome Statute has provided a comprehensive legal basis through the principle of complementarity that places national jurisdiction as the main forum, while the ICC plays a complementary role when the state is unable or unwilling to prosecute war criminals. However, the effectiveness of the ICC in preventing impunity is still not optimal because the exercise of its authority depends on state cooperation. In addition, the conflict of norms between the principle of complementarity and state sovereignty, the jurisdiction of the ICC with the veto power of the United Nations Security Council, and the obligation to surrender suspects with the doctrine of immunity of the head of state are the main obstacles in the enforcement of international criminal law. Therefore, it is necessary to strengthen the country's commitment to the Rome Statute, increase international cooperation, and harmonize international legal norms so that the goal of ending impunity for war criminals can be realized more effectively.
INTERNATIONAL INVESTMENT ARBITRATION: INVESTOR PROTECTION MECHANISMS AND STATE SOVEREIGNTY Reyhan Novandra; Rahmianti Ranti Pawari; Cik Marhayani
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/9t5hdz30

Abstract

International investment arbitration is one of the fast-growing dispute resolution mechanisms as foreign investment flows in various countries increase. The presence of this mechanism aims to provide legal protection to foreign investors through independent, neutral, and binding dispute resolution. However, in practice, international investment arbitration not only provides legal certainty for investors, but also raises various legal issues related to the exercise of state sovereignty. Arbitral awards that require the state to pay large amounts of damages are often considered to limit the state's authority to set public policies, particularly in the areas of environment, health, taxation, and natural resource management. This study aims to analyze the investor protection mechanism in international investment arbitration and examine the relationship between investor protection and the principle of state sovereignty. The formulation of the problem in this study is how the investor protection mechanism in international investment arbitration and how to balance investor protection with state sovereignty in the perspective of international law. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach through the study of various international legal instruments, conventions, and international investment arbitration awards. The results of the study show that investor protection is an important part of creating a conducive investment climate, but its implementation must still pay attention to the state's right to regulate for the public interest. Therefore, a balance between investor protection and state sovereignty is needed to realize a fair, effective, and legal arbitration system for all parties.

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