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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 84 Documents
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Tinjauan Hukum tentang Tindak Pidana terhadap Agama dan Kepercayaan Menurut KUHP 2023 dengan Pendekatan Keadilan Korektif Abdullah, Fathin; Safira, Rifka; Faradiz, Naqia Annisa
Journal of Contemporary Law Studies Vol. 2 No. 3 (2025): Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i3.4039

Abstract

This study aims to analyze the legal regulation of criminal offenses against religion and belief under Indonesia’s 2023 Penal Code (KUHP) and to assess the effectiveness of the corrective justice approach in preventing legal misuse. The old Article 156a of the previous KUHP was often criticized for its vague interpretation and misuse against religious minority groups. The 2023 Penal Code introduces significant reforms, including more detailed provisions under Chapter VII and alternative sanctions such as community service. Using a normative legal method with statutory, conceptual, and case study approaches, the research finds that the 2023 Penal Code provides a more systematic and proportional framework for religion-related offenses. Furthermore, the adoption of corrective justice enables more restorative outcomes through mediation, restitution, and the avoidance of excessive criminalization. However, several challenges remain in its implementation, including overlaps with Law No. 1/PNPS/1965, limited understanding among law enforcement of corrective justice, and the absence of clear technical guidelines. The study concludes that the 2023 Penal Code marks a progressive step toward a more humane and modern criminal justice system. Its success, however, depends on a paradigm shift among law enforcement officials and regulatory harmonization. Future research should adopt an empirical approach to evaluate the practical application of corrective justice in religious diversity contexts.
Optimalisasi Perlindungan Hukum bagi Whistleblower dalam Tindak Pidana Korupsi di Indonesia: Analisis Kelemahan Regulasi dan Implikasi Praktis Amelia, Husna; Mulyana, Aji; Amalia, Mia
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.3358

Abstract

This research aims to analyze the regulatory weaknesses and practical implications of legal protection for whistleblowers in Indonesian corruption cases. Its primary focus is to evaluate the effectiveness of the existing legal framework, particularly concerning overlapping authority among state institutions. Using a juridical-empirical (socio-legal) approach, this study combines a normative legal analysis of statutes with an in-depth case study of 47 corruption reports filed between 2018 and 2023 to assess its practical implementation. The findings reveal that legal protection remains highly inadequate. Regulatory overlaps between the Witness and Victim Protection Law (UU PSK), the KPK Law, and Supreme Court Regulation No. 4 of 2011 create legal uncertainty and institutional confusion. Empirically, 68% of whistleblowers in the analyzed cases faced retaliation, ranging from intimidation to criminalization, which directly deters public reporting. This study concludes that piecemeal reforms are insufficient. A comprehensive overhaul is required, structured around a three-dimensional model: integrated regulatory reform, strengthening the institutional capacity of the Witness and Victim Protection Agency (LPSK) as the central pillar of protection, and transforming the legal culture. A hybrid approach combining full protection with reasonable incentives is recommended to foster a safe ecosystem and encourage public participation in combating corruption.
Embracing Local Wisdom: Enriching Environmental Law Development through the Humanist Lens of Pancasila Widyastuti, Tiyas Vika; Sanusi, Sanusi; Aryani, Fajar Dian; Idayanti, Soesi
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4000

Abstract

The response to changes in legal frameworks is of paramount importance, particularly in the context of Indonesia's vision for an ideal legal system grounded in Pancasila. This article asserts that legal development should be attentive to existing legal sources, with a strong emphasis on norms that have been deeply integrated into cultural contexts and local wisdom. Central to Pancasila is a humanist philosophy, primarily encapsulated in its second precept, which underpins the values embraced by Indonesian society. The principles inherent in Pancasila humanism advocate for a shared national understanding, respect for democratic freedoms, social equity, and recognition of diverse religious beliefs, all while upholding human dignity and rights. This article constructs arguments for the integration of local wisdom into the legal framework governing environmental management and protection, highlighting its crucial role in ecological preservation and the well-being of the human environment. Indigenous knowledge, characterized by principles such as non-discrimination, deliberation, honesty, and harmony, emerges as a vital source of social capital that can significantly enhance the development of environmental law from the perspective of Pancasila humanism.
Keabsahan Perjanjian Jual Beli yang Tanda Tangan Salah Satu Pihak Berubah dalam Perspektif Hukum Perdata Mubarak, Ahmad
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4012

Abstract

Land holds a crucial dual role: it serves as a social asset that binds community unity and a capital asset fundamental to the economy, trade, and speculation. Human need for land is often met through sale and purchase, where physical and ownership rights are transferred from seller to buyer, accompanied by an agreed payment. However, disputes can arise, as seen in cases of underhand land sales where the seller's signature is contested after phased payments have been made, with the seller subsequently denying the transaction and claiming the signature on the agreement isn't theirsIn this writing, the author uses a normative research type, by examining legal library materials or secondary data by inventorying and analyzing laws and regulations that regulate changes in signatures that are not recognized in the sale and purchase agreement and identifying the problem. According to the findings of this research: Firstly, concerning a signature alteration not recognised by one of the parties in a sale and purchase agreement, this compromises the due diligence in its application. Consequently, the sale and purchase agreement may be annulled as it contravenes the subjective conditions for validity, as stipulated in Article 1320 of the Civil Code. Secondly, the legal recourse available to the aggrieved party is outlined in Article 1877 of the Civil Code. This involves submitting the disputed signature to the court for verification by a judge. Alternatively, such verification can also be pursued through non-litigious channels, specifically by comparing the signature against various other documents.
Perlindungan Atas Hak Kehidupan (Right To Life) Masyarakat Rempang Sodikin, Sodikin
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4259

Abstract

The right to life includes the entitlement of every individual to a good and healthy environment. It is essential for the state to protect these human rights, including the right to life of the Rempang community. The focus of this writing is to investigate how the right to life of the Rempang residents is safeguarded under existing laws and regulations. The research employs a normative juridical method, aiming to identify and formulate legal arguments through problem analysis. The findings indicate that, constitutionally, the Rempang community's rights are guaranteed by Article 28H, paragraph (1) of the 1945 Constitution. These rights are further implemented through various laws, including Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 39 of 1999 concerning Human Rights, and Law Number 17 of 2023 concerning Health. In addition to these national laws, several international conventions also address the right to a healthy environment, which serves as a foundation for states to develop policies that protect human rights within the community. There is also a pressing need for reaffirming law enforcement in regards to human rights, particularly the right to a good and healthy environment, as mandated by existing laws and regulations. The government is expected to act in order to protect, fulfill, and respect human rights, especially the right to a good and healthy environment, at all levels of society
Konstruksi Hukum Pengawasan Internal terhadap Tindakan Koruptif Aparatur Sipil Negara (APIP): Studi Kasus Fee Proyek di Kementerian Pertanian Wati, Linda Rahma; Adzkia, Nurul; Vianka, Tania Putri; Barus, Sonia Ivana; Iskandar, Iskandar
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4093

Abstract

This research examines the legal construction of internal supervision by the Government Internal Supervisory Apparatus (APIP) in tackling corrupt acts committed by the State Civil Apparatus (ASN), with a case study of project fees at the Ministry of Agriculture. Corruption in the bureaucracy, especially through the practice of project fees, shows the weakness of the internal control system, even though it has been regulated in regulations such as Government Regulation Number 60 of 2008 concerning the Government Internal Control System (SPIP) and Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. Through a normative juridical approach and case studies, this research found a gap between legal norms and their implementation. APIP, as the main instrument of supervision, still faces challenges in terms of independence, competence, and adequate structural support. Cases in the Ministry of Agriculture show that supervisory actions are often reactive, not preventive. Therefore, it is necessary to strengthen the role of APIP through the adoption of integrity audit methodology (probity audit), human resource capacity building, and institutional reform in order to realize effective, independent, and accountable supervision. This research offers legal and institutional recommendations to strengthen clean and integrity governance.
Pemenuhan Unsur Kerugian Keuangan Negara Sebagai Dasar Pembuktian pada Proses Penetapan Tersangka dalam Perkara Tindak Pidana Korupsi (Studi Putusan Praperadilan Nomor 113/Pid.Pra/2024/Jkt.Sel) Kuswandari , Dina Tri; Umara, Nanda Sahputra
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4288

Abstract

The enforcement of criminal law on corruption in Indonesia faces a complex dilemma between efforts to eradicate corruption and the protection of human rights, particularly in the process of determining suspects in cases involving financial losses to the state. Constitutional Court Decision No. 25/PUU-XIV/2016 has clarified that financial loss to the state under Articles 2 and 3 of the Corruption Criminal Law must be actual loss, not potential loss. This study analyzes the fulfillment of the criminal elements of Articles 2 and 3 of Law No. 31 of 1999 as a requirement for suspect designation and evaluates its application in Pre-Trial Ruling No. 113/PID.PRA/2024/JKT.SEL. Using a normative legal research method with a legislative and case-based approach, the study analyzes relevant regulations, court decisions, and legal doctrines. The results of the study indicate that the element of financial loss to the state is an absolute requirement in the designation of corruption suspects through the application of the relevance theory. Investigators must have evidence from an investigative audit by the State Audit Agency (BPK/BPKP) showing actual loss before designating a suspect. The study concludes that the designation of a corruption suspect must be supported by measurable evidence of state financial loss from the competent authority. The preliminary hearing decision was legally flawed because it did not apply the evidentiary standards in accordance with criminal procedural law and the material elements of the corruption offense.
Prohibition of Abortion as a Violation of Women's Human Rights Under International Legal Standards in the ICCPR and CEDAW Quddus, Muh. Syah; Permatasari, Tia; Nafitabella, Syfa Aswa; Pertiwi, Raja Rasih Harianty Andina
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4475

Abstract

Reproductive rights related to access to safe and legal abortion are an important issue in women's human rights discussions at the global level because they involve the right to health, safety and bodily autonomy. Although international laws such as the ICCPR and CEDAW guarantee this right, many countries still impose strict bans or restrictions on abortion, which often contradict basic human rights principles. This research aims to analyze women's human rights violations resulting from abortion bans and evaluate state obligations under the ICCPR and CEDAW standards. This research uses a normative juridical approach by analyzing secondary data from primary, secondary, and tertiary legal materials. The research findings show that reproductive rights are an integral part of women's human rights as stipulated in various international legal instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Although this right has been juridically recognized, its implementation in many countries still faces significant obstacles, especially in access to safe abortion, which is often restricted by discriminatory regulations. Such restrictions not only violate the principles of non-discrimination and gender equality, but can also be categorized as inhumane treatment, and prevent women from accessing reproductive health services equally and with dignity as guaranteed by international law. Therefore, countries are obliged to reform national laws and ensure that reproductive health policies respect women's rights, and are supported by strong international oversight based on human rights principles.
Dinamika Check & Balance Antar Lembaga Negara di Indonesia Pada Masa Periode Kedua Presiden Jokowi Siregar, Muhammad Akbar; Lubis, Joice Natalia; Siregar, Patrecia Gabriella; Sitompul, Novita Sari
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4765

Abstract

This study examines the dynamics of inter-institutional relations among the executive, legislative, and judicial branches in Indonesia during the second term of President Joko Widodo, focusing on the implementation of the check and balanceprinciple. Employing a library research method, the study analyzes secondary sources such as academic journals, news reports, official documents, and public statements to assess the effectiveness of institutional oversight mechanisms. The findings indicate a growing imbalance of power, with executive dominance, weakened legislative oversight, and reduced judicial independence. Political consolidation and the revision of key laws have further reinforced this trend. Overall, the check and balancemechanism has not functioned effectively during this period, raising concerns about the state of democracy and the rule of law in Indonesia.
Keadilan Restoratif dalam Kasus Perundungan oleh Anak: Upaya Pemenuhan Asas Keadilan bagi Korban Alisya Candra, Shahna; Handayani, Trini; Mulyana, Aji
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4243

Abstract

The phenomenon of bullying perpetrated by minors is a serious problem in the child protection system, for both perpetrators and victims. This study aims to analyze the application of restorative justice as a resolution approach in cases of bullying by children, and to assess the extent to which this approach is able to fulfill the principle of justice for victims. The method used in this study is a normative-empirical legal type with a focus on a descriptive qualitative approach from various sources of legal norms, such as laws, court decisions, and related legal literature. The results of the study indicate that the restorative justice approach can provide a more humane and inclusive solution than the conventional criminal justice system. Restorative justice encourages recovery for victims and promotes responsibility and behavioral improvement from child perpetrators. However, the implementation of restorative justice still faces various obstacles and constraints, such as a lack of consistent law enforcement, limited facilities in fulfilling the legal system, and minimal involvement of community institutions. The conclusion of this study states that although restorative justice has excellent potential in resolving the phenomenon of child bullying that occurs in Indonesia fairly between perpetrators and victims. However, its implementation and success are highly dependent on the involvement and cooperation between legal institutions, education, society, and families in order to achieve appropriate recovery for the victim and proper rehabilitation for the perpetrator.

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