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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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Status Hukum Kegiatan Pertambangan Pada Lahan Perkebunan Masyarakat Di Atas Hak Guna Usaha Ditinjau Dari Undang-Undang Pokok Agraria Iskandar Marto A.M Papeo; Mutia Cherawaty Thalib; Nurul Fazri Elfikri
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.v3i3.5686

Abstract

Land conflicts in Indonesia frequently arise due to overlapping land use between local communities and holders of Right to Cultivate (Hak Guna Usaha/HGU), particularly in mining activities conducted on plantation land. This issue creates legal uncertainty and the potential for prolonged disputes. This study aims to analyze the legal status of community mining activities carried out on land under HGU and its regulation under the Basic Agrarian Law and related legislation. The research employs a normative legal method using statutory and conceptual approaches, relying on primary, secondary, and tertiary legal materials analyzed qualitatively. The findings indicate that mining activities on HGU land may only be conducted upon obtaining permits from the competent authorities and the consent of the land rights holder. However, in practice, overlapping land use frequently occurs due to weak coordination in licensing, unclear land status, and lack of transparency in land administration. This condition may lead to unlawful acts and cause losses to the parties involved. Therefore, it is necessary to strengthen an integrated, transparent, and accountable licensing system to ensure legal certainty and justice in the management of agrarian resources.
Praktek Penjualan Akun Ilegal Netflix Oleh Retailer di Marketplace : Telaah Tanggungjawab dan Akibat Hukum Fransiska Dwi Putri Usman; Mutya Cherawaty Thalib; Mohammad Rivaldy Moha
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.v3i3.5706

Abstract

This study aims to examine the forms of legal liability borne by retailers involved in the sale of illegal Netflix accounts in marketplace platforms, as well as to analyze the legal consequences for consumers arising from such practices. The research employs a normative juridical method, utilizing statutory and conceptual approaches. Data are analyzed through deductive reasoning by drawing conclusions from general legal principles to specific cases. The findings reveal that retailers bear legal responsibility toward consumers under the Indonesian Consumer Protection Law, either in the form of breach of contract or unlawful acts as stipulated in the Civil Code. Additionally, retailers may also be subject to both civil and criminal liability under the Copyright Law. The study further demonstrates that marketplace platforms may share responsibility when they fail to exercise adequate supervision and take necessary action against illegal activities occurring within their systems. From the consumer perspective, the impacts are significant, particularly due to limited knowledge, lack of awareness, and insufficient understanding of account legality. Consequently, these conditions contribute to declining public trust in marketplace platforms. In conclusion, the enforcement of legal responsibility for both retailers and marketplace providers is essential to ensure consumer protection and to maintain trust in digital commerce ecosystems.
Hak dan Status Hukum atas Anak dalam Putusnya Perkawinan Campuran ditinjau berdasarkan Hukum Perdata Internasional Rumi Suwardiyati; Astrid Athina Indradewi
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.v3i3.5732

Abstract

Mixed marriage as a consequence of increasing cross-border interactions has generated complex legal implications, particularly concerning the rights and legal status of children following divorce. This study aims to analyze the rights and legal status of children in the dissolution of mixed marriages from the perspective of Private International Law. This research employs a normative legal method using statute, conceptual, and case approaches, with primary legal materials including Indonesian marriage, citizenship, and child protection laws, as well as court decisions. The findings reveal that the legal construction of children’s status in mixed marriages is plural and dynamic due to the intersection of different legal systems, particularly regarding citizenship and custody. Although Indonesian law has accommodated limited dual citizenship and emphasizes the principle of the best interests of the child, its application in judicial practice remains inconsistent. This is evident in court decisions that tend to prioritize domestic legal reasoning (lex fori) without adequately applying Private International Law mechanisms such as choice of law and connecting factors. Furthermore, judicial reasoning has not fully considered progressive approaches such as co-parenting, which are relevant in ensuring the fulfillment of children’s rights in transnational contexts. Therefore, strengthening the application of Private International Law principles and adopting more child-centered and transnationally responsive approaches are essential to ensure legal certainty and optimal protection for children in mixed marriage disputes.
Peranan Hukum Acara Mahkamah Konstitusi dalam Menjaga Konstitusionalisme di Indonesia Alika Hania Auliya; Dedi Mulyadi; Fawazi Rihadatulaisy Mulyadi; Mustika Hidayat; Yasmin Khairunisa; Yudha Adhipratama
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.v3i3.5734

Abstract

This study aims to analyze the role of the Constitutional Court’s procedural law in upholding constitutionalism in Indonesia. The method used is normative legal research with a qualitative approach through a literature review, utilizing primary, secondary, and tertiary legal sources. The data was analyzed systematically to understand the authority, functions, and practices of the Constitutional Court within the constitutional system. The results of the study indicate that the Constitutional Court plays a strategic role as a guardian of the constitution through its authority to review laws against the 1945 Constitution, resolve disputes over the authority of state institutions, dissolve political parties, and address disputes regarding election results. The Constitutional Court’s procedural law serves as a crucial guideline to ensure that the review process and decision-making proceed effectively, transparently, and fairly. Additionally, the Constitutional Court plays a role in the impeachment mechanism as a balancing force between legal and political aspects. However, challenges exist in the form of unclear boundaries between legal and political considerations, as well as inconsistencies in the interpretation of legal standing and constitutional harm. This necessitates the strengthening of judicial standards and the consistency of rulings to maintain the institution’s legitimacy and reinforce the supremacy of the constitution and democracy.
Reorientasi Pidana Ganti Rugi: Analisis Ekonomi Hukum Terhadap Inefisiensi Subsidair Kurungan Fathin Abdullah; Rifka Safira; Naqia Annisa Faradiz
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.v3i3.5743

Abstract

This study aims to analyse the inefficiencies of the compensation mechanism in the Indonesian criminal justice system, which often converts financial obligations into alternative imprisonment (subsidiary). The research employed a normative legal method with legislative, case law, and economic approaches, utilising Richard Posner and Gary Becker's efficiency theories. The findings indicate that converting compensation into custodial sentences creates a systemic double loss. This mechanism results in a deadweight loss where victims remain materially uncompensated for their medical and psychological costs, while the state simultaneously bears the fiscal burden of detaining the offender in an already overcrowded prison system. Based on the analysis of Supreme Court Decision No. 1149 K/Pid/2022, Law No. 1 of 2023 (National Criminal Code), and Law No. 12 of 2022 (Law on Sexual Violence Crimes), this study concludes that alternative imprisonment is an inefficient instrument that degrades the victim's dignity. Therefore, this research recommends that asset recovery through early asset seizure and income garnishment must be enforced as a top priority to achieve genuine, victim-centered restorative justice.
Perlindungan Hak Konstitusional Pekerja dalam Putusan Mahkamah Konstitusi tentang Outsourcing dan Omnibus Law Salsabila Hadi Aulia; Dedi Mulyadi; Camiliya Fakhriyah Garnita; Fina Asriani; Muhamad Fahri Mawardi; Muhammad Abhiansyah Damar Nagara
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.v3i3.5752

Abstract

This study aims to analyze the protection of workers’ constitutional rights in the Constitutional Court decisions regarding outsourcing and the Omnibus Law in Indonesia. The research focuses on outsourcing regulations, the legal considerations of the Constitutional Court, and the implications of its decisions for workers’ rights protection. This study employs normative legal research using statutory and case approaches through the analysis of legislation, constitutional provisions, and Constitutional Court decisions, particularly Decision Number 27/PUU-IX/2011 and Decision Number 168/PUU-XXI/2023. The findings show that the Constitutional Court recognizes outsourcing as constitutionally valid as long as it does not violate workers’ constitutional rights, including fair treatment, job security, and decent working conditions as guaranteed by the 1945 Constitution of the Republic of Indonesia. The Court also emphasizes the application of the Transfer of Undertaking Protection of Employment (TUPE) principle to ensure the continuity of workers’ rights in outsourcing practices. Furthermore, the Omnibus Law increases labor flexibility, which potentially weakens workers’ protection and creates legal uncertainty. In conclusion, the Constitutional Court plays an important role in balancing economic interests with the protection of workers’ constitutional rights in Indonesia’s labor system.

Page 11 of 11 | Total Record : 106

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