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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 11 Documents
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Search results for , issue "Vol. 3 No. 1 (2025): November" : 11 Documents clear
Konstruksi Yuridis dan Implikasi Hukum PPPK Paruh Waktu dalam Sistem Kepegawaian Negara Indonesia Wicaksono, Emirza Nur
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4990

Abstract

This study aims to analyze the juridical construction and legal implications of the part-time Government Employees with Work Agreements (PPPK) status within Indonesia’s national civil service system, based on the latest regulations, particularly Law No. 20 of 2023 on State Civil Apparatus and its implementing regulations. The study identifies normative ambiguities that result in legal uncertainty and potential violations of administrative law principles and employee rights protection. A normative juridical research method was used, involving the analysis of statutory documents and relevant legal literature. The findings reveal that part-time PPPK arrangements lack a clear and robust legal basis at the statutory level, hindering fair and consistent implementation. The absence of adequate regulation leads to weak protection of employee rights and disparities in implementation across the field. Therefore, this study recommends strengthening the legal framework through revisions to State Civil Apparatus Law and the issuance of comprehensive implementing regulations that explicitly govern the legal status and protections of part-time PPPK employees. This is essential to uphold the principles of legal certainty and justice in the national civil service system. The findings offer a new perspective for developing a more inclusive and responsive civil service policy in the era of bureaucratic reform
Perlindungan Hukum Pembeli Produk Tidak Sesuai Dihubungkan Undang-Undang Nomor 8 Tahun 1999 Fatihuddin, Farhan; Agus, Dede; Anwar, Jarkasi
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4922

Abstract

One of the most significant digital developments is online shopping. Online shopping is highly favored by the public because it is considered to facilitate transactions. However, there are negative impacts, including dishonest merchants when marketing products, which results in losses for consumers. Therefore, the author wants to understand how legal protection is provided for consumers who lack government oversight, as well as the legal remedies that can be taken based on Law Number 8 of 1999 concerning Consumer Protection. This research method is normative-empirical law. The data used in this study are secondary and primary data. The technique for collecting secondary data is a literature study and primary data through interviews. Data processing in this study is a literature study and field. This research analysis uses a qualitative approach. The results of the study indicate that sellers are proven to not pay attention to consumer protection because they found discrepancies in the goods received, which harm consumers. It is also explained that consumers will be protected by Law Number 8 of 1999 if the consumer feels disadvantaged by the product being sold. Consumers have the right to receive comfort, security, and safety in using a product being sold to them.
Tinjauan Hukum Internasional terhadap Status Organisasi Papua Merdeka (OPM) sebagai Subjek Hukum Internasional Wendra, Muhammad; Sutrisno, Andri; Kamal, Muhammad Refly
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4991

Abstract

This study aims to present the implications of separatist movements that are recognized as international subjects, especially for the parent country. This study is urgent due to the importance of the status of separatist groups as subjects of international law and its impact on the parent country. This study uses a normative juridical method with a literature study approach that includes doctrine and various other international legal conventions. The results of the study show that separatist movements generally demand separation from the parent country based on various backgrounds, such as ideological and racial differences, as well as injustices or human rights violations. To achieve this goal, separatist groups need international support, such as recognition as subjects of international law through the determination of belligerent status or geopolitical recognition to facilitate their goals. Therefore, this study shows that in order to achieve the status of an international legal subject, separatist movements not only require various specific criteria as stipulated in international law, but also require factors such as international politics to achieve these goals. Furthermore, this study also shows that such recognition can have significant political, diplomatic, and social implications for the parent country, such as Indonesia. The influence of recognizing the OPM as a subject of international law theoretically and juridically has a significant impact on the parent country, such as Indonesia, including challenges to Indonesia's sovereignty and territorial integrity, a negative international precedent for Indonesia regarding separatism, disruption of the country's development and security (stability), and vulnerability to negative impacts in conducting international relations.
Pembaruan Hukum Nasional dalam Menjawab Tantangan Globalisasi dan Digitalisasi Tarmizi, Rasyid; Triadi, Irwan
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5005

Abstract

The rapid development of globalization and digitalization has significantly influenced various aspects of human life, including national legal systems. These transformations demand that states undertake comprehensive and sustainable legal reforms to address emerging challenges such as personal data protection, cybercrime, digital economy regulation, and cross-border jurisdictional issues. This study aims to analyze the urgency of national legal reform in responding to the dynamics of globalization and digitalization, as well as to identify strategic steps for developing an adaptive, responsive, and equitable legal system. The research employs a normative juridical method through legal analysis of relevant national and international laws and regulations, complemented by a literature review of global frameworks and comparative legal studies. The results indicate that legal reform must be comprehensive, covering the dimensions of legal substance, institutional structure, and legal human resources. Furthermore, reform efforts should be guided by the principles of national legal sovereignty, human rights protection, and alignment with global technological developments and international legal standards. The study concludes that through the modernization of its legal system, Indonesia can enhance its global competitiveness, protect national interests, and promote social justice in the digital era. An updated, inclusive, and forward-looking legal framework will ensure Indonesia’s readiness to face transnational legal challenges arising from ongoing globalization and rapid digital transformation.
Fenomena Kawin Kontrak di Jabal Puncak: Perspektif Hak Asasi Manusia dan Pencegahan Tindak Pidana Perdagangan Orang sebagai Isu Hukum Kontemporer Ningrum, Rahma Aliansya; Amalia, Mia; Mulyana, Aji
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.3337

Abstract

The phenomenon of contract marriage is a temporary marriage practice commonly occurring in the Jabal Puncak area, involving foreign tourists—particularly from the Middle East—and local women. This practice is often conducted without official registration, leading to various legal and social issues. This research aims to analyze contract marriage from legal and human rights perspectives, as well as examine its connection to the criminal offense of human trafficking (TPPO). The study employs a qualitative approach using literature review methods and analysis of relevant legal and social cases. Data is obtained from legal documents, NGO reports, investigative news. The findings indicate that contract marriage involves the exploitation of women, including violations of their rights to legal protection, economic welfare, and human dignity. This practice is often viewed as a form of disguised prostitution that exploits legal loopholes and weak law enforcement oversight. Although Indonesia has regulations such as Law No. 1 of 1974 on Marriage and the Law on the Eradication of TPPO, their implementation remains suboptimal. In conclusion, this research emphasizes the need for stricter legal reforms, rigorous oversight, and economic empowerment and education programs.
Perbandingan Tanggung Jawab Hukum Pekerja Outsourcing di Indonesia dan Amerika Serikat dalam Hukum Ketenagakerjaan Wiradrana Wasistha, Aisya; Prihartono, Agus; Agus, Dede
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4978

Abstract

This study aims to compare the legal responsibility regulations governing outsourcing workers in Indonesia and the United States from the perspective of Indonesia’s Law No. 13 of 2003 on Manpower and the National Labor Relations Act (NLRA). The research was conducted to identify the differences in worker protection, especially regarding employment contracts, wages, social security, and legal certainty. Using a normative juridical method with statutory, conceptual, and comparative approaches, data were obtained from primary legal materials such as legislation, secondary materials including academic literature and journals, and tertiary materials as supporting references. The analysis employed a descriptive-analytical method to compare the substance and implementation of outsourcing regulations in both countries. The results indicate that Indonesia’s outsourcing regulations remain limited and often create legal uncertainty, particularly after the enactment of the Job Creation Law, which expanded outsourcing practices without strengthening worker protection. Conversely, the United States provides more comprehensive protection through the NLRA, the Fair Labor Standards Act (FLSA), and the Civil Rights Act, ensuring the right to organize, regulating minimum wages and working hours, and prohibiting discrimination. The study concludes that weak supervision, unclear legal interpretation, and low compliance are the main obstacles in Indonesia, while in the U.S., the “at-will” employment system remains the key factor reducing job security for outsourcing workers.
Pertanggungjawaban Pidana Partai Politik dalam Perspektif Good Governance dan Hukum Pidana Indonesia Kusumawiranti, Retno; Wahyuningtyas , Emy; Hartanto, Hartanto
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5010

Abstract

This study aims to analyze the legal foundation and urgency of implementing criminal liability for political parties in Indonesia within the framework of good governance and the rule of law. In Indonesia’s democratic system, political parties play a crucial role in articulating public interests and shaping state policies through the selection and nomination of their members for legislative and executive positions. However, this strategic role also raises fundamental questions regarding legal accountability when political parties or their members engage in criminal acts under the party’s name. The study employs a normative juridical method using statutory, doctrinal, and principle-based approaches to examine the applicability of criminal liability principles to political parties as corporate entities. The findings reveal that although Indonesia’s positive law provides a basis for holding political parties criminally liable, its enforcement remains largely theoretical and lacks effective mechanisms. The doctrines of strict liability and vicarious liability have not yet been consistently applied to political organizations. The study concludes that reforming criminal law and strengthening ethical and institutional integrity within political parties are essential steps to ensure both legal and moral accountability in reinforcing democratic governance and realizing the constitutional mandate of a just and law-based state.
Pertanggungjawaban Hukum dan Kerugian Konsumen dalam Pemalsuan BBM: Studi Kasus Pemalsuan Pertamax di SPBU 34.151.39 Tangerang Sirait, Achmad Hafizh; Agus, Dede; Anwar, Jarkasi
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5079

Abstract

This study aims to analyze consumer legal protection against Pertamax fuel This study examines the legal accountability of business actors and the losses suffered by consumers in the Pertamax fuel counterfeiting case at Gas Station 34.151.39 in Tangerang City. The research aims to analyze the extent of consumer protection, the legal responsibilities arising from the distribution of counterfeit fuel, and the violation of good faith principles in business practices. Using a qualitative method with a case study approach, data were obtained through in-depth interviews with consumers and relevant stakeholders, field observations, and analysis of regulatory documents and supervisory reports. The study applies Philipus M. Hadjon’s Legal Protection Theory, covering preventive, repressive, and remedial mechanisms. The findings reveal that fuel adulteration—such as mixing lower-grade fuel with coloring substances to resemble Pertamax—results in significant financial and technical losses, including engine damage and reduced vehicle performance. Legal protection remains ineffective due to weak supervision and limited enforcement against business actors. The gas station operator is legally obligated, under Article 19 of the Consumer Protection Act, to provide compensation through refunds, product replacement, or other statutory remedies. The study concludes that strengthening monitoring, imposing strict sanctions, and enhancing consumer awareness are essential to ensuring effective legal protection and safeguarding consumer rights in fuel distribution.
Sinergitas Prinsip Good Governance dan Kekuatan Negara: Upaya Mewujudkan Kesejahteraan Publik di Indonesia Azimattara, Muchammad Daing; Wijayanti, Adinda Ari
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5084

Abstract

The application of good governance principles is a crucial prerequisite for creating effective, accountable, and public interest-oriented governance. State power, on the other hand, plays a strategic role in determining the extent to which public policies can be implemented to achieve public welfare. This study aims to analyze the synergistic relationship between the concept of good governance and state power within the framework of social welfare development in Indonesia. Using a normative-juridical and conceptual approach, this study examines the principles of good governance as stipulated in various national and international legal instruments, and analyzes the role of state power in realizing a welfare state. The results of the study indicate that the relationship between good governance and state power is complementary, not contradictory. A strong state without good governance has the potential to give rise to authoritarianism, while good governance without the support of effective state power will lose the power to implement policies. Therefore, public welfare can only be achieved through a balance between state authority and good governance principles such as transparency, accountability, participation, and the rule of law. This study emphasizes the importance of strengthening state institutional capacity while instilling good governance values ​​as the foundation for equitable and sustainable national development.
Perlindungan Hukum Terhadap Pekerja Dengan Perjanjian Kerja Waktu Tertentu Yang Terkena Pemutusan Hubungan Kerja (Studi Putusan Nomor 20/Pdt.Sus-PHI/2024/PN Sby dan Nomor 927 K/Pdt.Sus-PHI/2024) Felicia Natasha Dagali; Prihartono, Agus; Agus, Dede
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5085

Abstract

Termination of employment of workers under Fixed-Term Employment Agreements (PKWT) remains a significant issue, particularly when employers terminate contracts verbally and without adhering to legal procedures, creating uncertainty and neglect of workers’ rights. This study identifies two problems: the form of legal protection granted to PKWT workers who are terminated early, and judicial considerations in resolving such disputes as reflected in Decisions Number 20/Pdt.Sus-PHI/2024/PN Sby and 927 K/Pdt.Sus-PHI/2024. Using a normative juridical method with statutory, conceptual, and case approaches, the research analyzes labor regulations, legal doctrines, and relevant court judgments. The findings show that PKWT workers terminated before the contract’s expiration are entitled to compensation and damages under Article 62 of the Manpower Act and Government Regulation Number 35 of 2021. Verbal termination is deemed procedurally defective because it omits mandatory written notification. Both the first-instance court and the Supreme Court held that the employer lacked a lawful basis for termination and consequently must provide full compensation. These decisions reinforce legal certainty and highlight that employers may not end PKWT contracts unilaterally without legitimate grounds and proper procedures. The study concludes that strong legal protection is essential to prevent arbitrary termination and ensure the fulfillment of workers’ rights.

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