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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 170 Documents
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The Role of Criminal Sanctions in Combating Minor Theft Crimes Amalia Tasya
Ipso Jure Vol. 1 No. 8 (2024): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/04g8rg55

Abstract

Petty theft is a form of crime that often occurs in everyday life and has the potential to cause social unrest. In the context of positive Indonesian law, petty theft is regulated in Article 364 of the Criminal Code which provides limits on the value of goods and forms of criminal sanctions. This article aims to analyze the effectiveness of criminal sanctions in overcoming petty theft and to examine the reality of law enforcement in the field. Through a normative and empirical legal approach, this study found that the application of criminal sanctions for petty theft often faces obstacles to effectiveness, especially in terms of the burden on the court, the condition of the perpetrator, and considerations of the values ​​of justice and benefit. Strengthening alternative case resolutions, such as restorative justice, is needed in an effort to create a more proportional and humane criminal system.  
Legal Protection for Consumers in Online Buying and Selling Transactions in Indonesia Anggia Faradina
Ipso Jure Vol. 1 No. 8 (2024): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rn2wde63

Abstract

The development of information technology has driven the transformation of the trading system, including the rise of online buying and selling transactions. This phenomenon has given rise to various legal issues, especially related to consumer protection. This article aims to analyze the forms of legal protection available to consumers in online transactions in Indonesia and the effectiveness of its implementation. Using the normative legal method, this study examines relevant laws and regulations, such as the Consumer Protection Law (Law No. 8 of 1999), as well as other positive laws governing electronic transactions. The results of the study indicate that although legal instruments are available, their implementation still faces challenges, such as low consumer awareness of their rights and lack of law enforcement against online business actors who violate.
Legal Review of Traffic Violations by Motorcyclists in Urban Areas Amalia Tasya
Ipso Jure Vol. 1 No. 8 (2024): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/8tydrn26

Abstract

Traffic violations by motorcyclists are a serious problem that often occurs in urban areas and contribute to high accident rates and congestion. This article examines the legal aspects of these violations by examining the applicable legal provisions, especially in Law Number 22 of 2009 concerning Traffic and Road Transportation (LLAJ Law), and evaluating the effectiveness of its law enforcement. This study uses a normative legal method and is supported by empirical data from the Traffic Police regarding the most common types of violations in big cities such as Jakarta and Surabaya. The results show that although legal sanctions have been regulated, weak law enforcement and low public legal awareness are the main obstacles. A more humanistic and educative approach is needed in the implementation of traffic law enforcement.
Digital Crime In The Era Of Society 5.0: Juridical Analysis Of Cyber And Victim Protection Wahyu Handoko
Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6991g409

Abstract

The development of digital technology in the era of Society 5.0 has presented new challenges in the form of increasing cybercrime that is complex, cross-border, and difficult to trace. On the other hand, Indonesia's legal system still focuses on punishing perpetrators, while protection for victims of digital crime has not received adequate attention. This study aims to analyze the effectiveness of applicable regulations juridically and highlight the need to change the legal paradigm from a retributive approach to a restorative one. This research uses normative legal methods with legislative, conceptual, and case approaches. The analysis was carried out on three main regulations: Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE), Law Number 27 of 2022 concerning Personal Data Protection (PDP), and Articles 373–379 in the Draft Criminal Code. Case studies of incidents of ransomware, phishing, and high-tech digital crime show weak victim protection, low public trust in the legal system, and the absence of a proper compensation scheme. The results of the study show that legal protection for victims is still scattered, not integrated, and lacks a restorative approach. Therefore, legal reform is needed through the drafting of a special law on cybercrime, improving the competence of law enforcement, establishing victim service centers, and strengthening international cooperation. Law enforcement in the era of Society 5.0 must transform, placing victim recovery as an essential part of fair, adaptive, and civilized criminal justice.
The Strategic Role of Notaries in Guaranteeing Financial Rights in Mixed Marriages: A Study of Marriage Agreements Sisca Zulistia; Susi Susantijo
Ipso Jure Vol. 2 No. 3 (2025): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/nw3n7755

Abstract

When a foreign citizen and an Indonesian citizen get married, they participate in a mixed marriage, which is governed by the laws of both countries. The protection of the financial rights of the spouse is one of the many complicated legal issues that arise in mixed marriages between Indonesian citizens and foreigners. The differences in the legal system between the couple's countries of origin are an important background in the need for the preparation of a valid and fair marriage agreement. A marriage agreement is an important instrument to regulate property ownership, financial obligations, and the protection of the rights of each party, both during the marriage and after the divorce. This research formulates two main problems, namely how to regulate the preparation of marriage agreements in mixed marriages, and how the role of notaries in ensuring the protection of the financial rights of mixed couples. The purpose of this study is to analyze the strategic role of notaries in these contexts and assess the effectiveness of the available legal protection mechanisms. This study uses a normative juridical method with a legislative approach and a study of legal documents. The results of the study show that notaries have an important role not only in the preparation of marriage agreement deeds, but also in providing legal education, bridging differences in the legal system, and anticipating potential disputes through the preparation of appropriate dispute resolution clauses. In conclusion, notaries are key actors in ensuring the financial rights of couples in mixed marriages, through agreements that are fair, legal, and in line with the principles of Indonesian and international law
Legal Policy as a Tool to Control the Circulation of Illegal Drugs and Their Impact on Public Health Djembor Sugeng Walujo; Indah Susilowati
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/xcs3y465

Abstract

The circulation of illegal drugs in Indonesia continues to increase quantitatively and qualitatively, targeting not only urban areas but also rural areas and educational institutions. Law Number 35 of 2009 concerning Narcotics should be the main foundation in controlling narcotics trafficking, but its implementation has not been effective. This study uses a normative juridical method by analyzing laws and regulations and law enforcement practices in the field. It was found that weak coordination between institutions, overlapping authority, and lack of rehabilitation facilities were the main obstacles. The legal approach that is still dominant is repressive in nature, but it actually worsens the condition, because it emphasizes more punishment for users than rehabilitation as a health approach. In addition, public awareness of the dangers of illegal drugs is still low due to the lack of community-based education. This condition shows that the existing legal policy has not been able to answer the complexity of the narcotics problem as a public health crisis. Comprehensive reforms in policy design, strengthening institutional synergies, and a more humanistic and preventive approach are needed to protect public health in a sustainable manner. This study recommends the transformation of the narcotics law paradigm from a punitive approach to a recovery and education-oriented public health protection approach.
Cybercrime and Law Enforcement Challenges in the Society 5.0 Era: A Modern Criminal Law Perspective Hendri Khuan; Saptaning Ruju Paminto; Harly Clifford Jonas Salmon
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/6kj9p298

Abstract

Abstract The Society 5.0 era brings deep integration between the physical and digital worlds, supported by technologies such as artificial intelligence (AI), Internet of Things (IoT), and big data. Behind these innovations, a new threat emerges in the form of cybercrime that is increasingly complex, anonymous, cross-border, and difficult to track. Cybercrime in this context does not only target individuals, but also strategic infrastructure, with the potential to disrupt social and economic stability. Indonesia's criminal law system, especially through the ITE Law, has not been fully able to keep up with this dynamic. Many of the provisions are multi-interpreted and focus on cracking down on content, rather than strategic digital crimes such as hacking, cyberespionage, or ransomware attacks. The limitations of digital forensics, the lack of international cooperation, and the lack of optimal digital proof regulations aggravate law enforcement. The descriptive normative legal research method in this study shows the urgency of criminal law reform that is more adaptive, collaborative, and technology-based. A new approach is needed that prioritizes the principles of digital justice, good governance, and cyber ethics to answer the challenges of transnational cybercrime. Without these reforms, Indonesia risks experiencing a justice deficit and is increasingly lagging behind in the legal response to digital crime in the Society 5.0 era. Therefore, the renewal of the criminal law paradigm is a necessity to maintain national digital security and sovereignty.
The Urgency of Law Enforcement in the Case of Personal Data Leakage in Indonesia Hendri Khuan; Nugroho Noto Diharjo
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z5v9xv45

Abstract

This study discusses the weak law enforcement in the case of personal data leakage in Indonesia, even though normatively there has been recognition of data protection rights through Law No. 27 of 2022 concerning Personal Data Protection (PDP Law). The phenomenon of data leaks involving various sectors, including major cases such as BPJS Kesehatan, reflects the ineffectiveness of previous regulations and the suboptimal implementation of the PDP Law. The lack of a Personal Data Protection Authority (OPDP) has also exacerbated the disorder in handling data leaks which is often not transparent and unaccountable. This study uses a normative approach with doctrinal analysis of positive legal regulations and Islamic legal principles, especially related to the individual's right to privacy. The findings show that there is a serious gap between the law in the books and the law in action. The absence of a strong legal precedent, weak awareness of the authorities, and lack of coordination between institutions, cause violations of the right to privacy to often not be adequately acted upon. Therefore, systemic legal reforms, the establishment of independent supervisory bodies, and a progressive and evidence-based approach to law enforcement are needed, so that the protection of personal data truly functions as an instrument of social justice and human rights protection in the digital era.
Digital Platforms' Responsibility for the Security of Users' Personal Data: A Juridical Analysis Hendri Khuan; Saptaning Ruju Paminto; Nurul Fadhilah
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/y3z03058

Abstract

The rapid development of information technology has created a complex and widespread digital ecosystem, where digital platforms are becoming massive collectors of personal data. This phenomenon poses a risk of data leakage and misuse that threatens individual privacy. In Indonesia, even though Law No. 27 of 2022 concerning Personal Data Protection (PDP Law) has been passed, its implementation still faces significant challenges, especially related to infrastructure readiness, law enforcement, and public awareness. Existing regulations tend to be normative and have not been able to keep up with rapid technological innovation, so the responsibility of digital platforms in maintaining data security is still weak and formalistic. This study uses a normative juridical approach to examine the effectiveness of the PDP Law in regulating the legal responsibilities of digital platforms. The results of the analysis show the need to strengthen supervision mechanisms, firm law enforcement, and increase technical capacity and human resources. Lessons learned from international standards emphasize the importance of independent oversight bodies and the application of privacy by design principles. With the synergy of adaptive regulations, reliable technology, and collective awareness, personal data protection can be realized effectively to protect users' rights and security in the digital era.
Legal Analysis of Predator Pricing Practices in Business Competition in the Digital Economy Era Rahmat Setiawan; Endang Mustikowati
Ipso Jure Vol. 2 No. 4 (2025): Ipso Jure - May
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zd9yyw84

Abstract

The rapid development of information and communication technology has changed the mechanism of business competition in the era of the digital economy, where digital companies use aggressive pricing strategies such as predatory pricing to eliminate competitors. Predator pricing, which is the setting of prices very low below production costs with the aim of weeding out competitors, is often disguised as a promotion or market acquisition strategy by large startups and digital platforms. This poses a major challenge in competition law enforcement in Indonesia because it is difficult to prove predatory intent and set very low price limits in the context of complex digital business models and limited cost transparency. Article 20 of Law No. 5 of 1999 normatively prohibits this practice, but its application is less adaptive to the characteristics of the digital economy. This study uses a normative juridical method with a study of regulations, ICC decisions, and international literature to examine the adequacy of legal norms related to predator pricing in Indonesia. The results of the study show the need to update regulations and increase the capacity of ICC in order to overcome market distortions due to predatory pricing strategies, especially those that have an impact on the sustainability of MSMEs. A multidisciplinary approach that integrates legal analysis, the digital economy, and data is ess.

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