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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 73 Documents
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Tantangan Penegakan Kode Etik Penyelenggara Pemilu Oleh Dewan Kehormatan Penyelenggara Pemilu (DKPP): Analisis Perspektif Undang-Undang No. 7 Tahun 2017 Tentang Pemilihan Umum Anam, Khoirul
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2318

Abstract

The study examines the challenges and potential solutions regarding the enforcement of ethical codes by the Election Organizers Honor Council (DKPP) under the 2017 General Election Law. Established in 2012, DKPP plays a crucial role in addressing violations of election organizers' ethical codes, as evidenced by a significant volume of complaints received between June 2019 and February 2023. Its institutionalization alongside the Election Commission (KPU) and the Election Supervisory Board (BAWASLU) reflects the government's commitment to upholding ethical conduct in elections, as mandated by the 2011 Election Organizer Law. Utilizing a normative legal research method, this study delves into the legal framework provided by the 2017 General Election Law and its subsidiary regulations to analyze DKPP's effectiveness in enforcing ethical codes. Despite DKPP's interventions, such as written warnings and temporary suspensions, which have influenced the behavior of election organizers, logistical challenges persist due to Indonesia's geographical diversity. Moreover, the limited scope of sanctions poses a deterrent challenge. To enhance DKPP's effectiveness, there is a need to bolster its regional presence, ideally establishing branches in each province. This decentralized approach would improve DKPP's efficiency and accessibility, thereby reinforcing its role in safeguarding the integrity of electoral processes. Overall, while DKPP has made significant progress in enforcing ethical codes, addressing logistical constraints and expanding punitive measures are essential for further enhancing its effectiveness.
Tantangan Penyelesaian Konflik Internasional yang Dilematik mengenai Hak Veto dalam Dewan Keamanan PBB (Studi kasus Palestina dengan Israel) Wendra, Muhammad; Sutrisno, Andri
Journal of Contemporary Law Studies Vol. 1 No. 3 (2024): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2373

Abstract

This research aims to explore and contribute to the understanding of the misuse of the veto power in resolutions for international conflict resolution. The focus is on describing the challenges arising from the use of the veto power in the UN Security Council, often prolonging conflicts without a definitive resolution. The research methodology employed is juridical normative with descriptive analysis, referring to provisions in the UN Charter and other reliable literature. The findings highlight that the abolition of the veto power in the UN Security Council could serve as a solution for more effective conflict resolution. Prolonged international conflicts result in significant losses, especially for civilians, while the UN, as the largest international organization, frequently fails to resolve these conflicts. The main issue lies in the rejection of resolutions by veto-wielding states, leading to the failure of these resolutions and the continuation of conflicts. Structural reforms within the UN are crucial to enhance its performance in conflict resolution to prevent further casualties. The unbridled use of the veto power, based on the geopolitical considerations of certain states, slows down the conflict resolution process. Additionally, the power disparity between veto-wielding states and other members contradicts the principle of sovereign equality enshrined in the UN Charter. Therefore, clear criteria must be established for the use of the veto power in peace resolutions to ensure that conflict resolution is not hindered by purely geopolitical interests.
Perlindungan Hukum terhadap Kreditor Preferen dalam Pemberesan Proses Kepailitan Ali Murtadho, Nazhif
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.2499

Abstract

This research focuses on legal protection for preferred creditors in the bankruptcy process as stipulated by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUKPKPU). The methodology employed is normative legal research with a statutory approach, specifically UUKPKPU. Data collection was conducted through literature studies and analyzed using descriptive, evaluative, argumentative, and prescriptive techniques. The research findings indicate that bankruptcy functions as a general seizure mechanism for debtor assets to protect creditor interests and ensure fair and proportional debt repayment. Creditors in bankruptcy are categorized into separatist, preferred, and concurrent creditors, with preferred creditors having priority privileges in debt repayment. The principle of creditorium parity and the pari passu prorata parte principle emphasize equality among creditors in obtaining repayment from the debtor's assets. Legal protection for preferred creditors aims to avoid conflicts among creditors and protect the interests of certain parties such as workers and the state. The conclusion is that bankruptcy confirms an equal position among creditors in obtaining receivables repayment from the debtor's assets, with preferred creditors enjoying special privileges regulated by law. The implementation of bankruptcy must be based on legal principles that ensure justice and balance in the distribution of debtor assets.
Auction of Confiscated Assets by the Corruption Eradication Commission (KPK) at the Investigation Stage from the Perspective of the Presumption of Innocence Herusantoso, Bayu Praditya; Ahmadi, Ali; Maulana, Bino Aldy
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.2595

Abstract

This study examines the procedures for auctioning confiscated assets by the Corruption Eradication Commission (KPK) during the investigation stage and their implications on the rights of suspects from the perspective of the presumption of innocence principle. The method used is normative juridical with a regulatory approach, using secondary data from legal documents and relevant literature. The findings indicate that the auction procedures for confiscated assets are regulated under Government Regulation Number 105 of 2021, covering stages such as preparation, execution, winner determination, asset transfer, and proceeds management. These procedures generally align with the presumption of innocence principle, incorporating measures to ensure suspects' rights are not violated, such as notification and approval from suspects or their representatives, and transparency in the auction process. However, practical challenges such as public perception and the condition of confused assets require further attention. The legal implications include the protection of property rights, the right to justice, and the right to a fair legal process. Recommendations for improving procedures include enhancing coordination with auction officials, providing detailed notification mechanisms, and thorough verification and evaluation of assets.
Pemaafan Pelaku Tindak Pidana Pembunuhan Dalam Hukum Islam dan Relevansinya Dengan UU No. 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana Pebrianto, Roli; Dharma, Muhammad Panji Prabu
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.2614

Abstract

The debate surrounding the death penalty has been ongoing for a long time with difficult-to-reconcile arguments for and against. Nevertheless, the death penalty still exists in Indonesia's legal system, with several reform efforts including a paradigm shift in sentencing approaches. This study employs normative legal methods to explore the changes in Law Number 1 of 2023, which consider forgiveness for perpetrators of criminal acts, including those sentenced to death. The research findings indicate a shift in criminal law, particularly concerning the death penalty, regulated in Law Number 1 of 2023, especially regarding forgiveness for offenders, even for those sentenced to death. In this regard, Islamic law provides alternative sentencing, including forgiveness from the victim's family as a basis for the abolition of punishment, known in the new Criminal Code as judicial pardon (rechterlijk pardon), both in line with the principles of restorative justice and consistent with Pancasila. In future reforms of Indonesian criminal law, it is hoped that lawmakers will review and adjust other related regulations to align with Law No. 1 of 2023. This adjustment is important to ensure that there are no overlaps or conflicts between existing regulations and the new changes in criminal law. All regulations must be harmonious and support the principles of restorative justice and the values of Pancasila.
Penyelesaian Sengketa Waris Akibat Surat Wasiat Tertulis Yang Memberikan Hak Waris Kepada Selain Ahli Waris Laily Maghfiroh; Nada Syifa Nurulhuda; Muhammad Dewanto Adi Saputra; Agus Mahardika; Muhammad Rizki; Dwi Aryanti Ramadhani
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.2626

Abstract

This research focuses on the resolution of inheritance disputes arising from wills that allocate assets to individuals other than the legal heirs. Using a normative juridical method with a conceptual approach, the study refers to provisions in the Civil Code and the Judicial Power Law. The study highlights the significant legal force of wills, which can override statutory inheritance rights if they comply with formal and material requirements. Emphasizing the necessity of thorough judicial consideration in dispute resolution, the research aims to ensure fair decisions that do not harm any party by adhering to authentic evidence and applicable legal provisions. An examination of Case Number 307/PDT.G/2021/PN JKT.SEL illustrates how an executor of a will, even if not a legal heir, can be legally recognized if appointed in a formally and materially compliant will. The results indicate that such executors can indeed be acknowledged, reinforcing the importance of the testator's intentions and legal certainty in inheritance division. The study concludes that while wills can legally appoint non-heirs as executors, ensuring compliance with legal procedures is crucial for upholding the testator’s wishes and maintaining fairness in inheritance disputes.
Meningkatkan Integritas Pemilu: Mengevaluasi Peran dan Tantangan Badan Pengawas Pemilu di Boyolali, Indonesia Leodita, Ashra; Prastika, Anggun; Puspaningrum, Puspaningrum
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.2805

Abstract

In the pursuit of national progress, the election process serves as a crucial foundation, with the Election Supervisory Agency (ESA) playing a pivotal role in ensuring its integrity. This study focuses on the responsibilities of ESA in minimizing electoral violations by implementing a comprehensive oversight system as a preventive measure. The study employs a normative juridical research method, examining secondary data from academic journals and relevant institutions, and is based on legal frameworks, including the prevailing Election Law. Data collection involved analyzing the Form A report on the Election Supervision Results Number 011/LHP/PM.01.02/SELO/01/2024. The study reveals that despite ESA's efforts, challenges persist, particularly concerning technical regulations from the central sector and the absence of a strategic approach to counter transactional politics. Furthermore, previous elections have highlighted issues related to human resource quality and institutional effectiveness, necessitating significant improvements. The findings indicate a need for enhanced knowledge and supervision during elections, as well as increased technical competence among citizens. These issues contribute to low civic participation in Indonesia. In conclusion, while ESA's role is critical in safeguarding the electoral process, substantial reforms are required to address deficiencies in human resources and the institutional framework, ultimately fostering a more participatory and transparent election system. Future research should focus on developing strategies to enhance ESA's capacity, exploring the role of technology in improving election oversight, and investigating the impact of civic education on voter participation. These areas are crucial for advancing the effectiveness of electoral supervision and promoting democratic engagement in Indonesia.
Analisis Kewenangan Presiden dalam Pembentukan Peraturan Pemerintah Pengganti Undang-Undang (PERPPU) Berdasarkan Perspektif Konstitusi dan Teori Perundang-Undangan: Studi Kasus UU No. 6 Tahun 2023 tentang Penetapan PERPPU No. 2 Tahun 2022 Chadijah, Siti; Hadi, Abdul
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i4.2896

Abstract

This study examines the President's authority to issue Government Regulations in Lieu of Laws (PERPPU) based on constitutional perspectives and statutory theory, particularly in light of Law No. 6 of 2023 regarding the stipulation of PERPPU No. 2 of 2022. According to Article 22 of the 1945 Constitution of the Republic of Indonesia, the President may enact PERPPU "in urgent matters." However, this provision has led to legal uncertainty and contradicts the Constitution's requirement for objective circumstances of compelling urgency. This research aims to describe and analyze the formation of PERPPU, exploring the constitutional basis and legislative theory underpinning this process. Using normative legal research methods, the study reviews library materials and secondary data, focusing on relevant regulations. Normative legal research considers law as a set of norms or rules guiding societal behavior, and thus, this study emphasizes the inventory of positive law, legal principles, doctrines, concrete case discoveries, legal systematics, law synchronization levels, comparative law, and legal history. The findings indicate significant issues in the current practice of PERPPU formation, raising questions about the balance between executive power and legal certainty. The study concludes that a clearer framework and stricter criteria are necessary to align the practice with constitutional mandates and ensure fair legal processes.
Strategi dan Hambatan dalam Pemberantasan Handphone, Pungutan Liar, dan Narkotika di Lembaga Pemasyarakatan Barlian, Ridho Saputra; Dewi, Erna; Monica, Dona Raisa
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.3030

Abstract

This study aims to analyze the efforts made by correctional institutions to eradicate the use of cell phones, extortion practices, and narcotics distribution among inmates. The research employs a normative juridical approach, with data collected through literature review and qualitatively analyzed to draw comprehensive conclusions. The findings indicate that eradication efforts are conducted through two main approaches: prevention and enforcement. Prevention measures include inspecting visitors, providing legal and narcotics education to inmates, and conducting narcotics tests on inmates. Enforcement actions involve conducting raids on inmates, investigating inmates suspected of narcotics distribution within the prison, and legally processing inmates who commit narcotics-related crimes. However, the study also identifies several obstacles to these efforts. A significant barrier is the limited technology available to detect the presence of cell phones and narcotics within the prison. Additionally, there are challenges posed by individuals who smuggle cell phones and narcotics into correctional facilities, which complicates the institution's efforts to address these issues. In conclusion, while correctional institutions have undertaken various measures to combat the use of cell phones, extortion, and narcotics, there are ongoing challenges that require further attention, particularly in enhancing technology and supervision to reduce external smuggling.
Perspektif Hukum terhadap Tindak Pidana Perdagangan Orang di Kawasan ASEAN antara Indonesia dan Myanmar Mugiono , Mariana; Indradewi, Astrid Athina; Achmad , Andyna Susiawati
Journal of Contemporary Law Studies Vol. 1 No. 4 (2024): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.3107

Abstract

This research is to address human trafficking in Myanmar is a deeply councerning issue. The situation is exacerbated by the ongoing conflict and the lack of effective governance in many areas. Human trafficking is a serious transnational crime threatening global security, particularly in Southeast Asia. Economic factors like poverty and job scarcity make many individuals vulnerable to exploitation. Indonesia, as a major labor supplier, often serves as a source, transit, and destination for human trafficking. ASEAN has implemented measures like the ASEAN Plan of Action Against Trafficking in Persons, but challenges remain due to legal disparities among member states. Indonesia's laws, including the Anti-Trafficking Law, provide a framework to combat this crime, yet improvements in enforcement and victim support are needed. This is a dogmatic normative juridical method, which involves exploration, examines, and explanation of legal doctrines and rules to address the legal issues.T he research concludes that regional and international cooperation is vital, including information sharing and law enforcement collaboration. ASEAN should consider revising the principle of non-intervention and establishing a regional human rights court. Firm actions, such as economic sanctions, may be needed against those involved in trafficking, including Myanmar's military junta. Effective law enforcement and cooperation are essential for ASEAN members to collectively address human trafficking, ensuring security and legal certainty for all.

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