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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 116 Documents
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Pemanfaatan Konsep Regulasi Water Footprint Sebagai Instrumen Pengendalian Konsumsi Air Industri Dalam Perlindungan Sumber Daya Air Nabilla Adriani; Muhammmad Ghazi Alfaruqi Ilmi; Hafidz Aulia Faturrahman
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6165

Abstract

Water is a natural resource with a strategic role in sustaining human life, environmental protection, and economic activities, particularly in the industrial sector, which requires substantial amounts of water throughout its production processes. Increasing industrial water consumption may place significant pressure on water availability if not accompanied by effective regulatory control. Although Indonesia has established various legal frameworks governing water resource management and environmental protection, these regulations remain general in nature and do not comprehensively regulate mechanisms for measuring and controlling industrial water consumption. This study aims to analyze the legal framework governing industrial water utilization permits in Indonesia and to examine the potential application of the water footprint concept as a preventive instrument for controlling industrial water use. This research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that the water footprint concept provides a comprehensive assessment of water use by measuring both direct and indirect consumption throughout the production chain through its blue, green, and grey water footprint components. Its implementation can be integrated into environmental permitting and water utilization licensing systems through mechanisms for measurement, reporting, and control. Furthermore, a water footprint-based regulatory framework can function as a preventive legal instrument to reduce excessive water exploitation, improve water-use efficiency, and promote sustainable water resource management. Accordingly, integrating water footprint-based regulation into Indonesia's legal system offers significant potential to strengthen the protection and long-term sustainability of water resources for present and future generations.
Pertanggungjawaban Notaris atas Pembuatan Akta Autentik yang Cacat Hukum Luki Sudarman
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6313

Abstract

A notary, as a public official, is authorized to execute authentic deeds that possess full evidentiary force. However, in practice, authentic deeds that are legally defective may still be found due to the non-fulfillment of either formal or substantive requirements, thereby creating legal uncertainty and causing losses to the parties involved. This study aims to analyze the legal framework governing notaries’ liability for the execution of legally defective authentic deeds, as well as the limits of such liability and the legal consequences arising for the injured parties. This study employs normative legal research using a statutory approach and a conceptual approach through an analysis of laws and regulations, legal literature, and scholarly journals. The findings indicate that notaries’ liability is regulated under the Notary Position Law, the Indonesian Civil Code, and Law Number 1 of 2023 concerning the Indonesian Criminal Code, encompassing administrative, civil, and criminal liability. The limits of a notary’s liability are determined by the existence of fault or negligence in the performance of the notary’s official duties. Meanwhile, the legal consequences of a legally defective deed may include the degradation of its evidentiary force, annulment, nullity by operation of law, and the right of the injured party to seek compensation in accordance with the applicable laws and regulations.
Pembelaan Terpaksa (Noodweer) dalam Perspektif Hukum Pidana Indonesia: Analisis atas Kasus Hogi Minaya Ridho Handianto
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6314

Abstract

Forced defense (noodweer) is a justification in Indonesian criminal law that permits a person to defend themselves or others against an immediate and unlawful attack. Although noodweer is expressly regulated in Article 34 of Law Number 1 of 2023 concerning the Criminal Code, problems remain in its application, particularly when a person who acts in response to an unlawful attack is subsequently designated as a suspect. This study aims to analyze the legal framework governing noodweer in Indonesian criminal law and to examine the obstacles to its application in suspect determination from the perspective of victim protection and the principle of justice under Law Number 20 of 2025 concerning the Criminal Procedure Code. This study employs normative legal research using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The results show that the regulation of noodweer provides an adequate normative basis as a justification; however, its implementation is constrained by formalistic interpretation, differences in assessing proportionality and immediacy, and suboptimal coordination between investigators and public prosecutors in examining the existence of justifications. These weaknesses may result in the criminalization of individuals who are initially positioned as victims or defenders, thereby undermining victim protection and substantive justice. The study concludes that noodweer must be assessed comprehensively from the early stages of investigation to ensure fair suspect determination and effective protection of victims.
Urgensi Pengadilan Umum dalam Penanganan Kekerasan Aparat TNI terhadap Aktivis HAM: Analisis Yuridis Bread Jackson Sirait
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6315

Abstract

Violence committed by Indonesian National Armed Forces (TNI) officers against human rights activists raises issues regarding judicial jurisdiction and the potential for impunity due to the ongoing dualism between military and general courts. This study aims to analyze the regulation of jurisdictional authority between the two judicial environments in handling criminal acts of violence committed by TNI officers against human rights activists and examine the normative problems that lead to impunity. This study is a normative legal study with a statutory, conceptual, and case approach, which is analyzed qualitatively. The results show that jurisdictional regulations are still experiencing disharmony between Law Number 31 of 1997 concerning Military Justice and MPR Decree Number VII/MPR/2000, thus giving rise to legal uncertainty. In addition, the broad jurisdiction of military justice, the absence of clear boundaries between military crimes and general crimes, conflicts of interest within the military justice structure, and the lack of synchronization of institutional reforms are the main factors causing impunity. Therefore, military justice reform is needed by limiting its authority to military crimes, while general crimes committed by TNI personnel against civilians fall under the jurisdiction of general courts.
Ambiguitas Daluwarsa Pemeriksaan Bukti Permulaan dalam Penegakan Hukum Pidana Perpajakan Pasca UU HPP Adam Damili
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6316

Abstract

The elimination of Article 13 paragraph (5) of Law Number 6 of 1983 concerning General Provisions and Tax Procedures as last amended by Law Number 7 of 2021 concerning Harmonization of Tax Regulations creates ambiguity regarding the expiration date of the Initial Evidence Examination (Bukper) in the enforcement of criminal tax law. This condition causes an unclear relationship between the expiration date of tax administration and the expiration date of criminal prosecution, thus potentially reducing legal certainty and protection of taxpayer rights. This study aims to analyze the legal regulations and ambiguity of the Bukper expiration date and reconstruct the ideal regulations to ensure legal certainty and protection of taxpayer rights. The research method used is normative legal research with a statutory approach, a conceptual approach, and a case approach, using primary, secondary, and tertiary legal materials analyzed prescriptively. The results of the study indicate that the Bukper regulations still contain legal gaps, unclear norms, and norm conflicts due to the absence of explicit regulations regarding the Bukper expiration date. Regulatory reconstruction needs to be implemented through amendments to the General Taxation Law (KUP) by regulating the legal status of Bukper (Persero), the deadline for audit initiation, the timeframe for completion, and the protection of taxpayers' procedural rights to ensure legal certainty, legal protection, and effective enforcement of criminal tax law.
Basic Novelty Issues in Industrial Design and Policy Recommendations Case Study of Supreme Court Decision Number 52 K / Pdt.Sus-HKI / 2015 Carissa Amanda Siswanto
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6336

Abstract

This study aims to analyze the interpretation of novelty in industrial design under Indonesian law, with a special focus on Supreme Court Decision Number 52 K / Pdt.Sus-HKI / 2015. Using the Normative Juridical method, this study explores relevant legal principles and doctrines, adopting a Statute and Doctrinal Approach. The main focus is on the Law of the Republic of Indonesia Number 31 of 2000 concerning Industrial Design, checking its suitability to its practice and application in real cases. The Doctrinal Approach explores expert views through literature, providing an in-depth perspective on the protection of industrial design. The results point to the need for clear and consistent definitions and interpretations of novelty in the Industrial Design Act. It also emphasized the importance of an effective novelty proof process, as reflected in the Supreme Court Decision. This research suggests the need for a "significantly differ" standard from TRIP's Agreement to strengthen industrial design protection, encourage creativity, and improve creative industry competence. In the registration process, an in-depth substantive examination is required, not as a formality, but as a comprehensive analysis of creativity and innovation. The study also emphasizes the need to clarify the definition of novelty in Indonesian law, increase the capacity of industrial design examiners, and strengthen international cooperation

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