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Journal of Contemporary Law Studies
Published by Indonesian Journal Publisher
ISSN : -     EISSN : 30308097     DOI : 10.47134/lawstudies
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Contemporary Law Studies ISSN 3030-8097 is a comprehensive and systematic scholarly platform dedicated to advancing research and discourse in the field of contemporary law. This journal serves as a critical resource for legal scholars, practitioners, and policymakers, fostering a deeper understanding of evolving legal landscapes in the contemporary world. Legal Theory and Philosophy, International Law, Comparative Law, Human Rights and Social Justice, Environmental Law, Technology and Cyber Law, Corporate and Commercial Law, Criminal Law and Justice, Constitutional Law and Health Law and Ethics. Research Methodologies and Interdisciplinary Approaches: Encourages diverse research methodologies and interdisciplinary approaches to enhance the depth and breadth of legal scholarship. Submission Guidelines and Peer Review Process: The journal maintains rigorous submission guidelines and follows a robust peer-review process to ensure the quality and academic rigor of published articles. The Journal of Contemporary Law Studies is committed to contributing to the intellectual discourse surrounding contemporary legal issues and fostering a community of scholars dedicated to advancing legal knowledge.
Arjuna Subject : Umum - Umum
Articles 9 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2024): November" : 9 Documents clear
Penyelesaian Konflik Perusahan Asuransi Terhadap Nasabah yang Meninggal Dunia dalam Persepektif Hukum Perdata Saputra, Komang Agus Yoga; Sudiarawan, Kadek Agus
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3185

Abstract

This research focuses on the resolution of conflicts between insurance companies and deceased policyholders from a civil law perspective. The problem formulation includes how these conflicts are resolved and analyzes the fairness of the resolution process for both parties. The aim of the study is to understand and analyze the procedures for resolving insurance disputes within the context of civil law, ensuring solutions that do not disadvantage either party. The research employs a scientific approach to empirical legal research. Insurance products generally offer similar protection, safeguarding policyholders from various risks. This protection includes death benefits and legal protection as outlined in "Article 2(a) of Law No. 2 of 1992 on Insurance Activities." Policyholders are entitled to legal protection against detrimental actions, and insurance agreements are designed to manage dispute resolution. Regulations on dispute resolution in court are included in insurance policies and dictate the court's authority in insurance cases. Disputes can be resolved both in court and out of court, such as through the Consumer Dispute Settlement Board (BPSK) or the Indonesian Insurance Mediation Board. Furthermore, statutory regulations, such as Law No. 40 of 2004 on the National Social Security System, stipulate that national social security is based on insurance principles, with mediation as an alternative dispute resolution method if the policyholder dies.
Politik Hukum dalam Legislasi Daerah: Tantangan dan Strategi Meningkatkan Kualitas Peraturan di Indonesia Rizkisyah, Renofadli; Triadi, Irwan
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2238

Abstract

Regional regulations are written rules that are generally binding and enacted by the Regional People's Representative Council (DPRD) in collaboration with the Regional Head. The formulation of regional regulations through the regional legislative program holds a strategic role in ensuring that these regulations align with societal needs. However, many regional regulations face public rejection or are annulled by the government. This study employs a normative legal approach to analyze these issues. The findings reveal that the lack of public involvement during the drafting process is a significant factor contributing to the unacceptability of these regulations. Furthermore, the absence of political will from regional governments and DPRD to systematically develop regulations based on academic studies exacerbates the problem. It is imperative for regional governments and DPRD to first establish a legislative program grounded in the actual needs of the community, adhering to the Regional Medium-Term Development Plan (RPJMD) or the Regional Strategic Plan (Renstra). Collaboration with universities to conduct academic studies can provide a strong scientific basis for drafting academic manuscripts before regulations are legalized. In conclusion, a systematic and collaborative approach is essential to improve the quality of regional legislation, ensuring responsiveness to public needs and supporting regional development.
Pertanggungjawaban Terhadap Perlindungan Konsumen atas Peredaran Emas Ilegal Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Indradewi, Astrid Athina
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3114

Abstract

Consumer protection law plays a crucial role in safeguarding the rights and interests of consumers in various sectors by ensuring fair trade practices, product safety, preventing fraud, and building trust between consumers and businesses. This research aims to analyse legal liability in the context of consumer protection against illegal gold circulation. This research uses a normative-dogmatic juridical research method. The results show that there is a significant violation of consumers' right to correct and accurate information, which affects their purchasing and investment decisions. The research suggests the need for greater transparency and the application of stricter sanctions to prevent similar incidents in the future. The theoretical implications of this research strengthen the understanding of the application of consumer protection law in real practice, while its practical implications emphasise the importance of industry compliance with legal standards to maintain consumer confidence and market integrity.
Kewenangan Diskresi Kepolisian Sebagai Sub-Unsur Struktur Sistem Peradilan Pidana di Indonesia Yasa, Komang Danan Prayudhi Dharma; Sugama, I Dewa Gede Dana
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3235

Abstract

The purpose of writing this scientific journal, among others, is to find out how the authority and discretionary weaknesses of the Police are as sub-elements of the structure of the criminal justice system in Indonesia, as well as the professionalism of the police in dealing with the weakness of discretionary authority based on the criminal justice system in Indonesia. A legal power known as discretion allows law enforcement officials, particularly police officers, to take action in unique circumstances in line with their own judgments and moral code. With an administrative and comparable approach, this paper employs an empirical legal research methodology. The results of the study show that the practice of applying discretion by the police is highly dependent on the subjectivity in question. Police professionalism is needed in order to carry out their duties properly as maintainers of security and order in society and as law enforcers.
Analisis Post Positivisme Hukum Pada Paradigma Guba And Lincoln Melalui Putusan Mk No. 90/PUU-XXI/2023 Terhadap Syarat Usia Capres-Cawapres Fitri, Rizki Rahayu
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3239

Abstract

This study aims to analyze the legal implications of Constitutional Court Decision No. 90/PUU-XXI/2023 concerning the minimum age requirement for presidential and vice-presidential candidates under Article 169 (q) of the Election Law, viewed as discriminatory against younger candidates with leadership potential. Using a post-positivist approach within the Guba and Lincoln paradigm, this research examines the Court’s role in either upholding or reforming legal norms to align with social dynamics. The method employed is a literature study and qualitative analysis, describing the post-positivist perspective in legal philosophy as a foundation for evaluating the constitutionality of the age requirement. The findings indicate that the Court proposes an alternative criterion—leadership experience as a regional head—as a substitute for the minimum age requirement, considering relevant social changes. The post-positivist approach emphasizes that law is not a static system but a social construct that must adapt to moral and cultural contexts. In conclusion, legal norms must be flexible and capable of re-evaluation in evolving social situations to maintain fairness and relevance in democratic processes. This decision demonstrates that Indonesia’s legal framework needs to accommodate youth participation in government without imposing discriminatory restrictions.
Examination on The Last Will of Organs and Cadaver Donors Related to Health Omnibus Law of Indonesia Narwastuty, Dian; Yuniawaty, Yenny; Basani, Christin Septina
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3249

Abstract

This study aims to analyze the role of the last will in organ and cadaver donations within the framework of Indonesia's Health Omnibus Law. Utilizing a normative juridical approach, the research examines legal principles and regulations, emphasizing the significance of last wills as legal documents to streamline donation procedures, clarify donor intentions, and safeguard rights. Data was collected from legal texts, government publications, and expert interviews to identify gaps in the legal system, focusing on donor autonomy and family consent.The findings reveal ambiguities in implementing last wills, often leading to conflicts with family consent and religious considerations. Interviews with legal and healthcare professionals indicate the prioritization of family decisions over documented donor wishes, highlighting the need for clear guidelines and legal safeguards. The study also identifies logistical and cultural challenges, including low public awareness and inadequate healthcare infrastructure, which hinder the effective implementation of organ donation laws.This research concludes that integrating last wills into Indonesia's legal framework can enhance procedural transparency, protect donor rights, and address ethical and cultural complexities. Revisions to existing regulations, public education, and improved healthcare infrastructure are recommended to balance donor autonomy with societal and health system needs, ensuring a robust organ donation system.
Penerapan Hukum dalam Menangani Kasus Korupsi di Sekolah: Perspekif Sosiologi Tentang Dampak dan Solusi khairunisa, Yasmin; Mulyana, Aji; Amalia, Mia
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3330

Abstract

This study examines the application of law in addressing corruption cases within schools from a sociological perspective, focusing on their impacts and solutions. Corruption in the education sector leads to significant societal and state losses, with primary causes including weak oversight from the Ministry of Education and related institutions. The research employs a normative juridical method, emphasizing legal norms to analyze the role of law in combating corruption in educational environments. The findings reveal a continuous rise in corruption cases in Indonesian schools, adversely affecting education quality, creating inequities in access to education, and eroding public trust in educational institutions. Identified contributing factors include insufficient supervision, lack of transparency in fund management, economic pressures, and a permissive culture toward corrupt practices. To address these issues, preventive measures such as enhancing financial transparency, strengthening oversight through school committees and independent bodies, and integrating anti-corruption education into curricula are essential. Cooperation with anti-corruption agencies and public engagement in monitoring efforts further support these initiatives. Effective regulation and enforcement, coupled with a commitment to integrity, are critical to fostering a corruption-free educational environment. This study underscores the importance of comprehensive and collaborative strategies in promoting transparency and accountability within the education sector.
Perlindungan Hukum Bagi Korban Kekerasan dalam Hubungan Asmara Remaja Perspektif Sosiologi Sabila, Amani; Amalia, Mia; Mulyana, Aji
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3334

Abstract

This research discusses legal protection for victims of violence in teenage romantic relationships from a sociological perspective, with the aim of providing a comprehensive picture of legal efforts to protect victims while highlighting social aspects that are relevant in the preparation of protection policies. Using qualitative methods, data were collected through in-depth interviews, document studies, and participatory observation. Data analysis techniques were thematic, identifying social and legal patterns that influence the dynamics of violence in teenage romantic relationships. The results showed that violence in teenage romantic relationships is often influenced by social factors such as cultural norms, family parenting, and media influence. On the other hand, existing legal protection is still not optimal in reaching the specific needs of adolescents as victims. This study recommends a more inclusive policy by paying attention to educational aspects, strengthening public awareness, and integrating sociological approaches in the legal system to ensure more effective protection.
Legalisasi Ganja Medis di Indonesia: Potensi, Tantangan, dan Pendekatan melalui Penetapan Pengadilan Hermansyah, Agung; Alamsyah, Alamsyah; Maryanto, Maryanto; Setiadi, Wicipto
Journal of Contemporary Law Studies Vol. 2 No. 1 (2024): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.3361

Abstract

This study examines the legality of using the cannabis plant as a herbal medicine in Indonesia, which presents a dilemma between its medicinal benefits and the risk of abuse. The purpose of this research is to analyze cannabis regulations in the context of Indonesian law and explore the possibility of using cannabis for medical purposes. The research is conducted through a normative approach, utilizing literature studies and secondary data from statutory regulations and court decisions. This study employs a normative legal research method with data collection techniques consisting of literature review and legal document analysis. The data analysis technique used is a descriptive qualitative analysis of relevant regulations, such as Minister of Health Regulation No. 5 of 2020 and Law No. 35 of 2009 on Narcotics. The research findings reveal that although more than 50 countries have adopted medical cannabis programs, Indonesia still classifies cannabis as a Schedule I narcotic, prohibited for use in public health services. This study also finds that the legalization of medical cannabis in Indonesia could be pursued through legal efforts in the judiciary by filing a court determination or submitting a judicial review of the related regulations to the Supreme Court in order to achieve legal certainty based on justice.

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