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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 224 Documents
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Legal Protection for Female Suspects in the Investigation of Terrorism Offenses Dian Choerun Nisak; Siti Marwiyah; Wahyu Prawesthi
Ipso Jure Vol. 3 No. 9 (2026): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pcgfh793

Abstract

This study analyzes the investigation of female suspects and the legal protection afforded to women during the investigation of terrorism offenses. It departs from the expanded investigative powers conferred by the Terrorism Eradication Law, particularly concerning intelligence reports, arrest, detention, interception, search, and seizure, which may create tension between national security interests and the protection of suspects’ rights. The study employs normative legal research with statutory and case approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through legal interpretation and prescriptive argumentation. The findings indicate that the investigation of female suspects is governed by the Terrorism Eradication Law as special procedural law and by Law Number 20 of 2025 concerning the Criminal Procedure Code as general procedural law. The lex specialis principle applies only to matters that are expressly regulated differently and cannot override suspects’ rights, the presumption of innocence, or the principle of due process of law. The designation of a suspect must be based on at least two items of lawful evidence that are connected to the individual’s own conduct. Legal protection for female suspects includes legal assistance and accompaniment, a prohibition on torture and intimidation, questioning free from gender stereotypes, recorded examinations, reproductive health services, assessments of physical and psychological conditions, consideration of alternatives to detention, judicial oversight of coercive measures, pretrial review, compensation, and rehabilitation. The special nature of counterterrorism measures must remain bounded by the principles of proportionality, accountability, and respect for human dignity.
Legal Liability Of Peer-To-Peer Lending Providers For Consumer Losses Arising From The Misuse Of Personal Data Under Decision Number 689/PDT.G/2021/PN.JKT.PST Dimas Maulana Pratama; M. Syahru; Borman; Dudik Djaja Sidarta
Ipso Jure Vol. 3 No. 9 (2026): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ds3yb568

Abstract

This study analyzes the forms of legal liability borne by peer-to-peer lending providers for consumer losses arising from the misuse of personal data on the basis of liability theory, and examines the legal reasoning in Decision Number 689/Pdt.G/2021/PN.Jkt.Pst. and its subsequent development at the cassation level in relation to consumers’ right to compensation. The research employs a normative juridical method with statutory and case approaches. The primary legal materials consist of legislation and court decisions, while the secondary materials comprise legal literature, doctrine, and previous research. The materials are analyzed systematically, interpretively, and prescriptively. The findings show that peer-to-peer lending providers bear layered legal liability because they control the electronic systems, personal data processing, service procedures, and debt-collection mechanisms. Liability may arise from breach of contract, unlawful acts, the acts of employees or third parties, obligations as electronic system operators, and consumer protection law. Remedies include not only material and immaterial compensation but also the cessation of unlawful processing, the deletion of unlawfully processed data, the restoration of security, and the restoration of consumer rights. The decision of the Central Jakarta District Court did not provide substantive protection because the examination ended on the issue of absolute jurisdiction. Supreme Court Decision Number 1206 K/Pdt/2024 subsequently corrected that approach, affirmed the jurisdiction of the general courts, and granted structural remedies through stronger regulation and supervision. Nevertheless, no individual compensation was awarded to consumers. Effective consumer protection therefore requires the integration of the state’s responsibility to build a protective system and the providers’ liability to redress the concrete losses suffered by consumers
Sentencing of Children as an Ultimum Remedium From the Perspective of the Juvenile Criminal Justice System Mohammad Ikhsan Jaelani; Nur Handayati; M. Syahrul Borman
Ipso Jure Vol. 3 No. 9 (2026): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2s4kv996

Abstract

This study examines the sentencing of children as an ultimum remedium within the juvenile criminal justice system and the legal protection afforded to children as offenders and as victims. The research focuses on the concept of ultimum remedium in the sentencing of children under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and on the forms of legal protection provided to children in their capacity as offenders and as victims of criminal acts. The study employs normative juridical research with statutory and case approaches. Primary and secondary legal materials are analyzed through grammatical, systematic, and teleological interpretation by linking the 1945 Constitution of the Republic of Indonesia, the Child Protection Law, the Juvenile Criminal Justice System Law, the Criminal Code, implementing regulations, legal doctrine, and relevant court decisions. The findings show that the principle of ultimum remedium does not merely place imprisonment as the option of last resort; it also limits the entire exercise of the state’s punitive authority over children, from investigation and prosecution through trial and sentencing to the execution of judgments. Diversion, restorative justice, measures, and non-custodial penalties must be prioritized before imprisonment is considered. Legal protection for child offenders is realized through the accurate determination of age and capacity for criminal responsibility, legal assistance, accompaniment, child-friendly examinations, identity protection, consideration of social inquiry reports, individualized sanctions, rehabilitation, and social reintegration. Protection for child victims includes prompt handling, guarantees of security, identity protection, prevention of secondary victimization, legal and psychological assistance, restitution, rehabilitation, social recovery, and continuity of education
Constitutional Obligation of Compulsory Education as an Instrument for the Fulfillment of Children’s Human Rights in Achieving Sustainable Social Justice Ai Permanasari
Ipso Jure Vol. 3 No. 9 (2026): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/p8y0b262

Abstract

Indonesia’s 1945 Constitution frames education as both a right of every citizen and a duty that the state must finance, yet persistent dropout, child labour, child marriage, and regional disparities show that this constitutional obligation has not yet produced equal enjoyment of the right. This article examines how the constitutional obligation of compulsory education can operate as an instrument for fulfilling children’s human rights and advancing sustainable social justice. Using normative legal research with statutory, conceptual, case, and comparative approaches, the study analyses Articles 28B, 28C, and 31 of the 1945 Constitution, Law No. 20 of 2003 on the National Education System, Government Regulation No. 47 of 2008 on Compulsory Education, decisions of the Constitutional Court, and comparative jurisprudence from India, South Africa, and Nigeria. The findings show, first, that compulsory education has a dual normative structure, a child’s entitlement paired with a correlative state duty, which resolves the apparent tension between compulsion and liberty when read through the best-interests principle. Second, Indonesia’s framework is strong in its norms but weak in justiciability, in the financing of access beyond the budget mandate, and in the protection of vulnerable groups. Third, compulsory education advances social justice only when access, quality, inclusion, and enforceability are pursued together. The article proposes a four-pillar Constitutional Compulsory Education Framework that integrates rights, capabilities, and accountability.

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