Ipso Jure
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.
Articles
170 Documents
<![CDATA[Legal Responsibility in Handling Medical Cases: Assessing Health Insurance Policies in Indonesia ]]>
<![CDATA[Ninda Mulya Ike Ardilla]]>;
<![CDATA[Indah Susilowati]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/63vstb03
<![CDATA[The increase in medical dispute cases in Indonesia reflects the disparity between patient expectations of health services and the standards applied by medical personnel. The main factors causing disputes include medical negligence, lack of informed consent, and limited transparency in the treatment process. Regulations such as Law No. 29 of 2004 on Medical Practice and Law No. 36 of 2009 on Health have regulated the responsibilities of medical personnel, but their implementation still faces challenges. On the other hand, national health insurance schemes such as BPJS Kesehatan also face obstacles in ensuring a balance of legal protection for patients and medical personnel. The INA-CBGs payment system often does not reflect the complexity of medical cases, thus impacting the quality of health services. The inconsistency of regulations between Law No. 40 of 2014 on Insurance and Law No. 36 of 2009 on Health also causes legal uncertainty in the resolution of medical disputes. This study uses normative juridical methods with legislative, conceptual, and case approaches to analyze related regulations and legal practices. The results of the study show the need for policy reforms that balance economic efficiency and legal protection. With the strengthening of regulations, transparency, and fairer dispute resolution mechanisms, it is hoped that the health law system in Indonesia can run more effectively and fairly.]]>
<![CDATA[Criminal Law Reform in Indonesia: Has Been Critical of the New Criminal Code ]]>
<![CDATA[Murshal Senjaya]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/2sfg8408
<![CDATA[The criminal law reform in Indonesia is one of the important efforts to answer the challenges of community development and ever-evolving social dynamics. One of the main milestones in this criminal law reform is the ratification of the new Criminal Code (KUHP) which has gone through a long process from the beginning of its drafting to becoming a valid legal product. This study aims to analyze how critical the new Criminal Code is to the need for criminal law that is fair, progressive, and in accordance with democratic values and human rights. Through a qualitative approach, this study explores various aspects of the changes that have taken place in the new Criminal Code, in terms of substance, procedure, and implementation in legal practice. In addition, this study also critically examines whether these changes can address the challenges of modern criminal law, and whether the new Criminal Code is capable of creating a more responsive and inclusive legal system. The results of this study are expected to contribute to a deeper understanding of the relevance of criminal law reform in the context of social and legal change in Indonesia, as well as to serve as evaluation material for policy makers and legal practitioners in implementing a new Criminal Code that is more effective and equitable]]>
<![CDATA[Debtor Protection If Online Loan Crime Occurs ]]>
<![CDATA[Fenny Kodradjaja]]>;
<![CDATA[Vieta Ilmelda Cornelis]]>;
<![CDATA[Sri Astutik]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/qr8ks966
<![CDATA[Popular peer-to-peer lending fintech is also called online lending. As an innovation in the financial sector, online loans offer financial assistance to people in need and applying for loans is quite easy. Online lenders as financial service providers are regulated by the Financial Services Authority, which is an institution legally authorized to regulate, supervise, audit and investigate the financial services sector. However, in practice, online loan management in Indonesia often causes problems even though it is regulated and supervised by the OJK. These problems are related to personal data breaches, resolving intimidation, and several other problems. The purpose of this research is to find out what the legal regulations for online loans are in Indonesia and what legal protection is given to borrowers who make online loans through legal regulations in order to avoid problems related to online loans. This research uses normative legal research methods, the approach used is a legal approach. The results of this research show that the basis for regulating online loans is in OJK Regulation Number 10/POJK.05/2022 concerning Technology-Based Community Financing Services. The legal protection for online borrowers is divided into preventive protection, namely protection against criminal acts, and contains prohibitions on online borrowing. And law enforcement protection to resolve disputes that arise, support through out-of-court dispute resolution tools, the Alternative Financial Services Sector Dispute Resolution Institute (LAPS SJK) and legal defense of debtor interests by assisting in the initiation of legal efforts]]>
<![CDATA[Legal Aspects Of The Act Gambling Crime Online ]]>
<![CDATA[Krista Wijaya]]>;
<![CDATA[M. Syahrul Borman]]>;
<![CDATA[Hartoyo Hartoyo]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/c65n1t54
<![CDATA[: Gambling is a game where players bet using money to choose one option among several options where only one option is correct and becomes the winner. Law enforcement against gambling is not optimal, gamblers and bookies are not punished in accordance with applicable law, even though gambling is clearly a criminal act that is against the law in Indonesia. The problem in this research concerns the legal aspects of online gambling based on Law Number 19 of 2016 concerning Electronic Information and Transactions and what are the inhibiting factors in law enforcement against online gambling based on Law Number 19 of 2016 concerning Electronic Information and Transactions. This research uses a normative research method. Research Results and Discussion: Legal aspects of online gambling have been regulated by Law Number 19 of 2016 concerning Information and electronic transactions and are enforced by law by carrying out preventive and repressive efforts. Inhibiting factors in law enforcement against online gambling are the legal factors themselves, human resource factors, infrastructure and facilities factors and community factors. The conclusion and suggestion in this research is that prevention efforts are needed by blocking sites that contain gambling content as part of the police's efforts to eradicate criminal acts of online gambling. Law enforcers must provide more information to the public about the dangers of online gambling crimes.]]>
<![CDATA[Legal Protection For Deep Vendors Procurement Of Government Goods And Services ]]>
<![CDATA[Stefanus Budi Juwono]]>;
<![CDATA[Sri Astutik]]>;
<![CDATA[Vieta I Cornelis]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/5y4kqx57
<![CDATA[The procurement of goods/services for government purposes is one of the instruments driving the economy; therefore, budget absorption through procurement is crucial. However, no less important is the implementation of effective, efficient, and economical procurement to maximize the benefits of budget utilization. This research is normative and employs a statutory approach. The data analysis method used is descriptive qualitative, in which data is presented descriptively and analyzed qualitatively. This study focuses on legal protection for goods/services providers in procurement agreements. Such legal protection is regulated under Article 85 of Presidential Regulation No. 12 of 2021, which establishes mechanisms for contract dispute resolution through dispute resolution services, arbitration, the Construction Dispute Board, or court proceedings. In the era of Disruption 4.0 and the challenges of VUCA (Volatility, Uncertainty, Complexity, Ambiguity), the government encourages the involvement of the private sector and society through e-purchasing via electronic catalogs. E-procurement serves as a solution to improving the efficiency of national financial management. Disputes arising from defaults in government procurement of goods/services may result in administrative sanctions or civil lawsuits, as stipulated in Presidential Regulation No. 12 of 2021.]]>
<![CDATA[Relationship Of The Crime Of Embezzlement Of Inheritance Rights In The Family Environment ]]>
<![CDATA[Andre Sutjahja]]>;
<![CDATA[Subekti Subekti]]>;
<![CDATA[Suhartoyo Suhartoyo]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/a4bmhe34
<![CDATA[The crime of embezzlement is a criminal act against human property as regulated in the Criminal Code (KUHP). Embezzlement can occur at all levels of society, from lower to upper classes, and often stems from trust that is later broken due to dishonesty. Even within families, a lack of mutual trust can lead to such crimes. This research examines the criminal responsibility of family members who embezzle inherited property. The study uses a normative juridical approach, analyzing secondary legal sources such as laws, books, and encyclopedias. The findings reveal that embezzlement of inherited assets involves unlawfully controlling property or rights that should be distributed among heirs. Inheritance consists of assets left by a deceased person (the heir) for their family (heirs) and must be divided according to legal provisions. Article 367 of the KUHP categorizes theft within a family as embezzlement when committed by a family member. Meanwhile, Article 376 states that embezzlement within a family is a complaint offense, meaning prosecution can only proceed if the victim files a report. If the report is withdrawn, legal proceedings are halted. Thus, family embezzlement cases often depend on the victim’s decision to pursue legal action.]]>
<![CDATA[The Role of Restorative Justice in Handling Corruption Crimes ]]>
<![CDATA[H Yusep Mulyana]]>;
<![CDATA[Andi Kurniawan]]>
<![CDATA[ Ipso Jure Vol. 2 No. 2 (2025): Ipso Jure - March ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/nretpa14
<![CDATA[Restorative justice is an alternative approach in the criminal justice system that focuses on recovering losses due to criminal acts, including corruption. This approach emphasizes the involvement of perpetrators, victims, and the community in finding fair solutions and prioritizing recovery for the impacts caused. This study discusses the role of restorative justice in dealing with corruption crimes by analyzing its effectiveness, challenges, and application in the legal system in Indonesia. With a juridical-normative method and a qualitative approach, this study finds that restorative justice can be an instrument that complements the retributive approach, especially in the recovery of state assets and the prevention of repeated corruption. However, its implementation faces obstacles in the form of regulations that are not comprehensive and resistance in the application of restorative justice for corrupt actors. This study emphasizes the importance of policies that support the application of restorative justice in corruption cases to increase the effectiveness of law enforcement and provide broader benefits to society and the state.]]>
<![CDATA[The Influence of International Law on the Formation of National Law in Developing Countries ]]>
<![CDATA[Dhesy Arisandielis Kase]]>
<![CDATA[ Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/73dd9825
<![CDATA[Globalization has led to an increasingly close legal interconnection between countries, so that the boundaries between national and international laws have become blurred. Developing countries such as Indonesia face major challenges in adapting the domestic legal apparatus to global norms driven by international organizations and multilateral agreements. This study aims to describe how international law influences the formation of national laws in Indonesia, using a descriptive approach through a literature study of ratified regulations and conventions. The findings show that while ratifications of international law such as CEDAW and UNCLOS have encouraged legislative reform, their implementation has often been hampered by legal pluralism, local values, and domestic political interests. In addition, the legal harmonization process often occurs top-down and with minimal public participation, posing a risk of non-adaptive legal transplantation. In this context, international law can be a means of normative domination that ignores local needs if not critically addressed. Therefore, developing countries need to develop a selective and contextual approach to accepting the influence of international law, so that the formation of laws remains based on the principles of sovereignty, social justice, and the sustainability of national law.]]>
<![CDATA[Influencer Criminalization For Content Harming The Public: A Study Of Criminal Liability In The Digital World ]]>
<![CDATA[Sherly Adam]]>;
<![CDATA[Akhdiari Harpa Dj]]>;
<![CDATA[Hamdani Hamdani]]>
<![CDATA[ Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/gz10e480
<![CDATA[: In today's digital era, influencers play an important role in shaping public opinion and public behavior through social media. As micro-celebrities, influencers have a strong emotional connection with their followers, which makes them a more trusted source of information than official institutions. However, this large influence poses the risk of disseminating inaccurate information, and even potentially harming the public. This phenomenon is even more complex when influencers spread misinformation or disinformation that has physical, psychological, or social impacts. Although the ITE Act has regulated the dissemination of digital content, it has not explicitly addressed the legal liability of influencers who disseminate harmful content. This creates a legal loophole that influencers can exploit to spread sensational content without considering the negative impacts. This study uses a normative juridical approach to examine the extent to which the ITE Law can accommodate criminal liability for influencers, as well as recommend legal reforms that are more responsive to digital dynamics. This research aims to provide a fairer and more contextual legal construction to overcome challenges in law enforcement in the digital world, while maintaining a balance between freedom of expression and public protection.]]>
<![CDATA[Legal Analysis of Lease Agreements Without Written Deeds ]]>
<![CDATA[Amalia Tasya]]>
<![CDATA[ Ipso Jure Vol. 1 No. 9 (2024): Ipso Jure - October ]]>
Publisher : <![CDATA[PT. Anagata Sembagi Education ]]>
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DOI: 10.62872/1sk72t52
<![CDATA[Lease agreements are one form of contract that is common in society, both in the fields of property, vehicles, and other movable goods. In practice, many of these agreements are made verbally or without a written deed. This article aims to analyze the legal validity of lease agreements without a written deed based on the Civil Code (KUH Perdata) and examine its legal implications in social practice. Using normative legal methods and sociological approaches, it was found that oral lease agreements remain valid as long as they meet the requirements for a valid agreement as regulated in Article 1320 of the Civil Code. However, the absence of written documents has the potential to cause disputes, especially in proof before the law. Legal awareness and contractual education are needed so that the public better understands the importance of written agreements as legal evidence.]]>
