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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 106 Documents
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Pewarisan Tanah Minangkabau dalam Ilmu Fara’idh (Hukum Waris Islam); Dialog, Negosiasi, Pola Interaksi dan Dinamika antara Adat Minangkabau dan Agama Faiz Badridduja; Indeska Putra; Fendi Agus Syaputra
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5523

Abstract

The purpose of this study is to analyze the Minangkabau community's practices regarding land inheritance in West Sumatra based on applicable customary law and to explain the dynamics of these practices in relation to Islamic inheritance law or to describe them using Imam al-Syathibi's Maqashid Syari'ah theory, which is claimed to be an Islamic perspective. This study uses a qualitative method with a social integration paradigm and sociology of religion approach. Data collection was carried out through observation and interviews in three districts in West Sumatra, namely Padang Pariaman, Lima Puluh Kota, and Agam, as well as a literature and document study process related to the discussion in this study. Meanwhile, the type or nature of this article is descriptive narrative. The results of this study are that the Minangkabau land inheritance system, with the dualism of high and low pusako assets, can be integrated with faraid law through the perspective of Al-Syathibi's maqashid syari'ah. This approach ensures that the objectives of sharia, especially safeguarding assets (hifz al-mal) and descendants (hifz al-nasl), are fulfilled while maintaining Minangkabau cultural identity. By utilizing the principles of mashlahah and ijtihad maqashidi, this inheritance system can remain relevant in the modern era, supporting social justice and cultural harmony.
Status Kepesertaan JKN Nonaktif Sebagai Dasar Penolakan Pasien: Analisis Yuridis terhadap Undang-Undang No 17 Tahun 2023 tentang Kesehatan Emirza Nur Wicaksono; Rosalina Rosalina
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5542

Abstract

This research aims to legally analyze whether the inactive status of National Health Insurance (JKN) membership can be used as a basis for refusing patients from the perspective of Law No. 17 of 2023 concerning Health. This issue arises from field practices indicating service restrictions against inactive JKN participants, which potentially contradicts the principles of the right to health and non-discrimination. This study employs a normative legal research method with a statutory and conceptual approach. Primary and secondary legal materials are analyzed systematically through legal interpretation and norm harmonization. The results indicate that the right to health services under Law No. 17 of 2023 is a fundamental right that cannot be restricted by administrative membership status. Inactive JKN status lacks a valid legal basis to serve as a reason for refusing patients, particularly when it hinders the fulfillment of the right to health. Furthermore, the study identifies a vacuum in operational norms and a lack of integrated regulation between the Health Law and technical JKN regulations. This research contributes to the development of health law by strengthening a rights-based approach and offering an ideal legal construction that balances the protection of patient rights with the sustainability of national health financing.
Kajian Yuridis Penerapan Struktur Skala Upah Bagi Perusahaan Berdasarkan Hukum Ketenagakerjaan Nienne Aridayanthi Hainun
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5414

Abstract

The wage structure and wage scale are essential instruments within the national wage system to ensure fairness, legal certainty, and the protection of workers’ rights. Nevertheless, in practice, some companies still fail to establish these mechanisms. This study aims to examine the regulation of wage structures and wage scales under Indonesian labor law and to analyze the legal consequences for companies that do not comply with this obligation. The research employs a normative juridical method using statutory, conceptual, and analytical approaches. Data were obtained through a literature review of primary, secondary, and tertiary legal materials, which were analyzed using a descriptive analytical technique. The findings demonstrate that the obligation to formulate and disclose wage structures and wage scales to workers is explicitly regulated under Indonesian labor law, particularly Article 92 of Law Number 6 of 2023 on Job Creation and Article 21 of Government Regulation Number 36 of 2021 on Wages, as amended by Government Regulation Number 51 of 2023 and Government Regulation Number 49 of 2025. These provisions require all employers, without exception, to establish wage structures and wage scales based on principles of fairness, company capability, and productivity, while considering job classification, length of service, education, and competence.
Analisis Yuridis Penyelenggaraan Uji Coba Sekolah Swasta Gratis di Provinsi Daerah Khusus Jakarta Pasca Putusan Mahkamah Konstitusi Nomor 3/Puu-Xxii/2024 Samsudin Jagat Saputra
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5415

Abstract

This study aims to examine in depth the constitutionality of free basic education in private schools as affirmed in Constitutional Court Decision No. 3/PUU-XXII/2024, as well as its implementation by the Government of the Special Capital Region of Jakarta Province in providing free basic education in private schools. This research employs a normative juridical legal research method, using a statutory approach and a case approach. Legal materials consist of primary, secondary, and tertiary sources, all of which are analyzed through descriptive qualitative methods. The findings indicate that Constitutional Court Decision No. 3/PUU-XXII/2024 firmly establishes free basic education as a constitutional right and a fundamental human right that must be fulfilled by the state without discrimination between public and private schools. Through a progressive constitutional interpretation, the Court positions the obligation to finance basic education as an imperative mandate of the state that must be carried out by all levels of government, both central and regional. The implementation of free basic education in private schools by the Government of the Special Capital Region of Jakarta Province represents a concrete follow-up to the Constitutional Court’s decision, which is final and legally binding. The pilot program conducted in 40 private schools may serve as a national pioneer in implementing the decision to promote equitable access to education and improve human resource development. Moreover, this policy has the potential not only to expand educational access but also to enhance the equal distribution of educational quality, provided it is supported by complementary policies such as teacher redistribution and strengthened educational governance.
Analisis Kepastian Hukum Sertipikat Ganda dalam Sistem Pertanahan Terintegrasi di Era Digital Nurul Khusna Ramadhani; Sanusi Sanusi; Tiyas Vika Widyastuti
Journal of Contemporary Law Studies Vol. 3 No. 3 (2026): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i3.5508

Abstract

This study aims to analyze the extent to which legal certainty of land ownership can be ensured in cases of dual land certificates within Indonesia’s integrated digital land administration system. The research adopts a normative-empirical approach, combining a legislative review with case study analysis. Data were collected through document analysis of relevant regulations, including Law No. 5 of 1960 concerning Basic Agrarian Principles, and the Supreme Court Decision No. 309 PK/Pdt/2021, and were analyzed descriptively using qualitative methods. The findings reveal that legal certainty in land ownership remains inadequately guaranteed, as evidenced by the persistent occurrence of dual certificates over the same land object. This problem is primarily caused by weaknesses in land administration, inconsistencies between physical and juridical data, and administrative negligence in certificate issuance. Although the digitalization of land administration through an integrated system and electronic certificates aims to strengthen preventive mechanisms by establishing a unified national database, its effectiveness is still limited. In conclusion, the integrated digital land system functions as an administrative tool to reduce disputes and improve data accuracy; however, it does not provide absolute legal certainty. The realization of stronger legal certainty depends on improving data quality, institutional capacity, technological infrastructure, and public digital literacy.
Disparitas Implementasi Sop Anti Anarkis Satuan Brimob Dengan Pelaksanaan Undang-Undang Nomor 9 Tahun 1998 Dalam Penanganan Unjuk Rasa Di Indonesia Dinda Charelina Tahir Saputri
Journal of Contemporary Law Studies Vol. 3 No. 3 (2026): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i3.5574

Abstract

This study aims to analyze the legal framework governing the handling of public demonstrations in Indonesia and to examine the legal accountability of the Indonesian National Police Mobile Brigade Corps (Brimob) when actions undertaken during crowd control violate the Anti-Anarchist Standard Operating Procedure (SOP) and statutory regulations. The study employs a normative juridical approach through the examination of primary, secondary, and tertiary legal materials, including the 1945 Constitution, Law No. 9 of 1998 concerning Freedom of Expression in Public, Law No. 2 of 2002 concerning the Indonesian National Police, and internal police regulations related to demonstration management. Data were analyzed qualitatively using statutory and conceptual approaches. The findings indicate that Indonesian legal provisions emphasize the protection of citizens’ constitutional rights to express opinions while simultaneously mandating the maintenance of public order and security. Violations of operational procedures by Brimob personnel may result in administrative sanctions, criminal liability, and state responsibility for human rights violations and compensation claims. The study concludes that strengthening accountability mechanisms, supervision, and procedural compliance is essential to ensure that demonstration management remains proportional, lawful, and respectful of human rights principles.
Analisis Yuridis Penegakan Hukum Terhadap Penyalahgunaan Lampu Strobo Dan Sirene Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Candra Agus Surya Prayogi
Journal of Contemporary Law Studies Vol. 3 No. 3 (2026): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i3.5575

Abstract

This study aims to analyze the legal regulation concerning the use of strobe lights and sirens on motor vehicles and to examine law enforcement against misuse by unauthorized parties under Indonesian traffic law. The research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of Law Number 22 of 2009 concerning Road Traffic and Transportation and its implementing regulations, while secondary legal materials are derived from legal literature, journals, and relevant legal doctrines. The findings indicate that the use of strobe lights and sirens is legally restricted to specific vehicles performing emergency duties, state functions, and other authorized public services. Unauthorized use by civilians, including individuals escorting ambulances for humanitarian purposes, constitutes a violation of traffic law and may result in administrative and criminal sanctions. Law enforcement remains essential to uphold legal certainty, ensure road safety, and maintain public order in traffic management. The study concludes that humanitarian motives cannot justify unlawful use of traffic priority facilities because the principle of legality remains the primary foundation in regulating road traffic governance and public safety.
Penanganan dan Pemulihan Konflik Sosial dalam Unjuk Rasa Besar Berdasarkan Undang-Undang Nomor 7 Tahun 2012 Ammar Syarifuddin
Journal of Contemporary Law Studies Vol. 3 No. 3 (2026): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i3.5576

Abstract

This study aims to analyze the mechanisms for preventing and managing social conflict during large-scale demonstrations under Law No. 7 of 2012 concerning Social Conflict Management, as well as to examine the role of the Indonesian National Police (Polri) in post-conflict recovery efforts. The research applies a normative legal method using statutory and conceptual approaches. The study is supported by primary, secondary, and tertiary legal materials collected through library research and analyzed qualitatively. The findings demonstrate that Law No. 7 of 2012 provides a comprehensive framework for social conflict management through preventive, responsive, and restorative mechanisms, including conflict prevention, conflict termination, reconciliation, rehabilitation, and reconstruction. In the context of large-scale demonstrations, the police hold a strategic role in maintaining public order, preventing escalation, facilitating mediation, and implementing post-conflict recovery measures. Nevertheless, the implementation of the law still encounters several challenges, including normative overlap with Law No. 9 of 1998 concerning Freedom of Expression in Public, inconsistent law enforcement practices, and the potential misuse of discretionary authority by state officials. Therefore, stronger regulatory harmonization, institutional supervision, and accountability mechanisms are necessary to ensure balanced protection between public order and democratic freedoms.
Analisis Normatif Perlindungan Hukum Hak Asasi Manusia Dalam Pemenuhan Hak Atas Informasi Dan Kebebasan Berpendapat Cahyo Susilo
Journal of Contemporary Law Studies Vol. 3 No. 3 (2026): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i3.5577

Abstract

This study aims to analyze the regulation of human rights protection within the Indonesian legal system and to examine the role of the right to information and freedom of expression in strengthening democratic governance and the protection of constitutional rights in the digital era. The research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, human rights legislation, and relevant international human rights instruments that have been adopted into the Indonesian legal framework. The study finds that Indonesia has established a comprehensive framework for human rights protection through constitutional guarantees, statutory regulations, judicial mechanisms, and the incorporation of international human rights principles. The right to information and freedom of expression function not only as fundamental rights, but also as instruments for public participation, government accountability, and social control within a democratic state governed by the rule of law. Nevertheless, the implementation of these rights continues to face challenges arising from the rapid development of digital technology, inconsistent legal interpretation, and the potential for excessive restrictions on civil liberties. Therefore, strengthening human rights–oriented legal interpretation and proportional regulatory mechanisms is necessary to ensure balanced protection between state authority and individual freedoms.
Tinjauan Normatif Terhadap Perlindungan Saksi Dan Korban Dalam Kasus Lingkungan Studi Kasus Pembunuhan Salim Kancil Di Lumajang Mohamad Ilham Romadlon
Journal of Contemporary Law Studies Vol. 3 No. 3 (2026): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i3.5634

Abstract

This study aims to examine the legal framework governing witness and victim protection in Indonesia and to analyze state accountability for the failure to provide protection in the Salim Kancil case in Lumajang. The study employs normative legal research using statutory and conceptual approaches. Legal materials consist of primary, secondary, and tertiary sources collected through literature review and analyzed qualitatively. The findings demonstrate that witness and victim protection in Indonesia has been normatively regulated through Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 on Witness and Victim Protection. The law places the state and the Witness and Victim Protection Agency (LPSK) as central actors responsible for ensuring legal security, protection, and fulfillment of victims’ rights. Nevertheless, the murder of Salim Kancil reflects weaknesses in the implementation of protection mechanisms, particularly in environmental crime cases involving economic and political interests. The failure to provide adequate protection indicates state negligence and generates constitutional, administrative, civil, and ethical responsibility for law enforcement institutions. This study concludes that strengthening institutional coordination, preventive protection mechanisms, and state accountability is essential to ensure effective witness and victim protection within the criminal justice system.

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