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INDONESIA
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 84 Documents
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Analisis Yuridis Pasal 112 dan Pasal 127 Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika: Upaya Reformulasi untuk Menjamin Kepastian Hukum Hariyawan, Agus Sukma; Purwani, Sagung Putri M.E.
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2275

Abstract

This study aims to analyze the legal relationship between Article 112 and Article 127 of Law Number 35 of 2009 on Narcotics, focusing on formulating legal provisions that ensure legal certainty. The research adopts a normative legal method, employing approaches based on statutory regulations, conceptual analysis, and case studies. The findings reveal an overlap between the provisions of Article 112, which stipulates sanctions for drug distributors, and Article 127, which provides lighter sanctions, including rehabilitation, for drug abusers. The ambiguity in Article 112, particularly regarding narcotics usage, has led to prolonged debates and inconsistent application. This overlap has resulted in subjective interpretations by law enforcement officials, emphasizing the need for reformulated provisions grounded in the principles of lex certa and lex scripta. The study concludes that Article 112 should specifically address narcotics distributors, while Article 127 should focus on drug abusers, clarifying that the sanctions for abusers should prioritize rehabilitation measures. Such reformulation is essential to address legal uncertainty, reduce interpretative conflicts, and ensure proportional justice for narcotics offenders based on their roles and levels of culpability. These recommendations aim to foster a more consistent legal framework, enhancing the effectiveness of narcotics law enforcement while safeguarding the rights of justice seekers.
Perlindungan Hukum Terhadap Pencipta atas Pembajakan Buku Elektronik (E-Book) Yang di Sebarluaskan Secara Bebas Melalui Website Pramesti Agustiani, Arda; Nur, Hilman; Mulyana, Aji
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3333

Abstract

This study aims to analyse copyright and legal protection of copyrighted works of Electronic Books (E-Books) based on Law Number 28 of 2014 concerning Copyright. Copyright is an exclusive right granted by the state to the creator of the results of innovations that have economic and moral value, especially when realised in real form. This research uses a normative juridical method with a statutory approach to examine relevant legal provisions. The results show that Article 40 Paragraph (1) letter n of the Copyright Law implicitly recognises E-Books as adaptation works, namely the transfer of the form of a work into another format. As an adaptation work, E-Books get legal protection which includes preventive and repressive protection. Preventive protection aims to prevent copyright infringement through education and socialisation, while repressive protection is carried out through legal mechanisms if the creator's rights are violated. In conclusion, legal protection of E-Books is important to ensure that creators' rights are respected, both economically and morally. The government is expected to actively provide education on the importance of copyright and increase access to commercial courts in all regions to support law enforcement in the growing digital era.
Efektivitas Penegakan Hukum terhadap Judi Online di Indonesia: Analisis Yuridis dan Sosiologis Juhara, Nasisca Fitria; Amalia, Mia; Mulyana, Aji
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3353

Abstract

Online gambling is a phenomenon that is increasingly widespread in Indonesia and has significant social and economic impacts. This research aims to analyse the effectiveness of law enforcement against online gambling practices based on juridical and sociological perspectives. The method used is a normative juridical approach by analysing the applicable laws and regulations, such as the Criminal Code, ITE Law, and government policies in dealing with online gambling. Data was collected through literature study and interviews with law enforcement officials and cyber law experts. The results show that although the existing regulations are quite comprehensive, their implementation still faces obstacles, such as the lack of coordination between law enforcement agencies, technological limitations in detecting and blocking online gambling sites, and weak enforcement of sanctions against perpetrators. From a sociological perspective, the high rate of community participation in online gambling is influenced by economic factors and low digital literacy. In conclusion, a more effective strategy is needed to tackle online gambling, including strengthening regulations, increasing the capacity of law enforcement officials, and educating the public to raise awareness of the dangers of online gambling.
Tantangan dan Strategi Pengembangan Potensi diri Narapidana (Studi Kasus Lapas Kelas 1 Bandar Lampung) Saputra, Irwansyah Ahmat; Monica, Dona Raisa; Tamza , Fristia Berdian
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3655

Abstract

This study aims to identify the challenges and strategies in developing inmates' potential at Class 1 Correctional Facility in Bandar Lampung. Effective rehabilitation enables inmates to acquire skills and mental preparedness for reintegration into society. Using a qualitative case study approach, data were collected through interviews with inmates and correctional officers, analysis of rehabilitation program documents, and direct field observations. The findings reveal that major obstacles to inmates’ self-development include inadequate facilities, low individual motivation, social stigma, and a shortage of educators and mentors. However, several strategies have been implemented to address these challenges, including vocational training, character education, and spiritual guidance. The active role of correctional officers and collaboration with external organizations, such as NGOs and the private sector, also contribute to the success of rehabilitation programs. This study concludes that a holistic rehabilitation approach—encompassing technical skill development, psychosocial support, access to employment opportunities, and a strong mentoring system—can enhance rehabilitation effectiveness. Therefore, strengthening synergy between the government, society, and the business sector is crucial to ensuring the sustainability and long-term impact of inmate development programs.
Analisis Putusan Mahkamah Agung Tentang Perampasan Barang Hasil Tindak Pidana Anggito, Tegar Dwi; Sodikin, Sodikin
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3563

Abstract

This study aims to analyze in depth the legal aspects of the seizure of evidence by the state in the First Travel case and its implications for the recovery of victims' losses. This study will use normative legal methods, with a qualitative descriptive approach and case studies, to analyze the Supreme Court's decision on the confiscation of goods from criminal acts. The results of the study are expected to provide a significant contribution to the development of a fairer legal system that better supports the rights of victims of crime. The research data will include court decisions, laws and regulations, and relevant legal literature. The urgency of this study is based on the fact that the handling of TPPU must be carried out carefully and cautiously, by paying attention to the principles of justice and protection of victims' rights. The state has an obligation to eradicate crime, but it also has an obligation to protect the rights of its citizens, including the right to receive compensation for losses suffered as a result of criminal acts. This study is expected to provide constructive recommendations for improving the legal system and law enforcement practices in Indonesia, so that a fairer and more effective system can be created in eradicating crime and protecting victims' rights.
Penerapan Prinsip Fiduciary Duty Untuk Mewujudkan Good Corporate Governance Dalam Perseroan Terbatas Arifin, Abiyyu Paras Syakir; Sodikin, Sodikin
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3583

Abstract

This study examines the application of the fiduciary duty principle in realizing Good Corporate Governance (GCG) within Limited Liability Companies in Indonesia. Fiduciary duty serves as a fundamental principle requiring directors and commissioners to act in good faith, with loyalty and prudence, to safeguard the interests of the company and its stakeholders. This research employs a normative juridical approach by analyzing relevant legal frameworks, literature, and regulations, particularly Law Number 40 of 2007 concerning Limited Liability Companies. The findings indicate that effective implementation of fiduciary duty strengthens corporate accountability, transparency, and compliance with legal provisions, ultimately fostering a more ethical and sustainable business environment. However, challenges such as conflicts of interest, lack of transparency, and limited awareness among corporate executives hinder its full implementation. Therefore, continuous education and training for directors and management are essential to enhance their understanding of fiduciary responsibilities. Despite the study’s limitation in scope, which is primarily focused on the Indonesian legal framework, its findings provide valuable insights for improving corporate governance practices. Future research should explore fiduciary duty across various industries to develop more comprehensive recommendations. By consistently applying fiduciary duty principles, companies can achieve robust and accountable corporate governance, thereby supporting long-term corporate growth and sustainability.
Analisis Hukum Pidana dan Strategi Pemulihan Aset dalam Kasus Penggelapan Uang Perusahaan Mabsus, Muhammad Irfan Fadilla; Jatmiko, Gunawan; Tamza, Fristia Berdian
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3627

Abstract

This study aims to analyze the application of criminal law to corporate embezzlement cases and formulate effective asset recovery strategies within the Indonesian legal framework. Corporate embezzlement is a serious crime that not only causes financial losses but also disrupts business stability and undermines public trust. This research employs a normative legal method, conducting an in-depth analysis of criminal law provisions, theories of criminal liability, and asset recovery mechanisms based on literature review and empirical data. The findings indicate that the main challenges in addressing embezzlement cases include the complexity of perpetrators' modus operandi, weak internal corporate oversight, and the lack of regulatory harmonization among law enforcement agencies. Asset recovery strategies, such as asset tracing and confiscation, remain suboptimal due to technological limitations and ineffective inter-agency coordination. Therefore, strengthening regulatory harmonization, enhancing law enforcement training in asset-tracing technology, and improving corporate internal control systems are essential. Additionally, international cooperation must be reinforced to expedite the recovery of assets transferred abroad. This study contributes to public policy development and legal practices aimed at fostering a more secure and reliable business environment in Indonesia.
Efektivitas Penegakan Hukum Perjudian Online di Indonesia: Mengatasi Hambatan Regulasi dan Implementasi Adlina, Nisa Amalina
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3670

Abstract

This study aims to analyze the effectiveness of law enforcement against online gambling crimes in Indonesia by examining regulatory aspects and their implementation. Specifically, it evaluates the inconsistencies in Indonesia’s legal framework governing online gambling and their impact on legal certainty and enforcement effectiveness. This research employs a normative approach by analyzing various laws and regulations, including the Criminal Code (KUHP) and the Electronic Information and Transactions Law (UU ITE), as amended by Law Number 1 of 2024. Data collection is conducted through literature studies and descriptive analysis. The findings reveal significant discrepancies in sentencing provisions between the KUHP and the UU ITE, leading to legal uncertainty and weakening law enforcement efforts. Additionally, other factors such as limited law enforcement resources, technological infrastructure constraints, and societal attitudes further exacerbate the issue. Consequently, efforts to combat online gambling still face major challenges. In conclusion, harmonization of gambling-related regulations and improvements in law enforcement capacity are necessary to enhance the effectiveness of law enforcement against online gambling and to ensure greater legal certainty for society.
Penegakan Hukum Pidana terhadap Illegal Logging: Kajian dalam Perspektif Hukum Positif dan Hukum Islam Nasir, Nasir Wirawan Sinaga; Sodikin, Sodikin
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3746

Abstract

This study aims to analyze the enforcement of criminal law against illegal logging from the perspective of positive law, particularly Law Number 18 of 2013 on the Prevention and Eradication of Forest Destruction, and Islamic law, which emphasizes ethical principles such as maslahah (public welfare), hifz al-bi'ah (environmental preservation), and hifz al-mal (protection of property). This research employs a qualitative method with a normative and comparative approach, utilizing literature studies and legal analysis. The findings reveal that positive law enforces strict legal sanctions, including imprisonment of up to 10 years and fines of up to 5 billion rupiah, to create a deterrent effect. Meanwhile, Islamic law emphasizes moral responsibility and social awareness, viewing illegal logging as a breach of divine and social trust. Both legal frameworks recognize illegal logging as a criminal act and provide various penalties, including ta’zir in Islamic law. However, the effectiveness of law enforcement depends on government consistency and public participation. This study recommends integrating Islamic legal values with positive law to develop a more comprehensive, value-based, and sustainable legal framework for combating illegal logging.
Upaya Pencegahan Penyalahgunaan Obat Penenang Golongan Psikotropika: Kajian Regulasi dan Praktik di Lapangan Salmi, Salmi; Nurdin , Ilham B; Subair, Laola
Journal of Contemporary Law Studies Vol. 2 No. 2 (2025): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.3765

Abstract

This study aims to analyze efforts to prevent the abuse of psychotropic drugs and identify obstacles in their implementation. A qualitative method with a normative-empirical approach was used, examining relevant regulations and their application in the field. Data were collected through interviews with law enforcement officers, medical personnel, former abusers, document studies, research reports, scientific articles, and government publications. The findings indicate that psychotropic abuse remains widespread due to low public awareness, weak distribution supervision, and limited rehabilitation facilities. Prevention efforts include public education on the dangers of psychotropics, law enforcement against abusers and illegal drug trafficking, and rehabilitation for individuals suffering from addiction. However, the effectiveness of these measures is hindered by a lack of community participation and inadequate infrastructure, despite sufficient funding. To optimize prevention and intervention efforts, synergy among law enforcement agencies, rehabilitation institutions, medical professionals, and community organizations is essential. Recommended strategies include advocacy, social support, partnerships, and community empowerment. The National Narcotics Agency of South Sulawesi plays a crucial role in these efforts through direct and indirect communication, advocacy, and the formation of anti-drug activist groups to strengthen community involvement in combating psychotropic abuse.

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