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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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Penerapan Nilai Etik, Norma, dan Disiplin Kesehatan dalam Praktik Pelayanan Kesehatan dengan Penyelesaian Sengketa Etik Maryanto, Maryanto; Triadi, Irwan
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.v2i4.4520

Abstract

This study aims to analyze the application of ethical values, norms, and professional discipline in healthcare practice, with particular emphasis on ethical dispute resolution mechanisms. Using a qualitative approach, this research combines normative legal analysis with case studies by reviewing laws and regulations, professional codes of ethics, guidelines, and documented cases of ethical disputes resolved through mediation and ethics committees. The study highlights the central role of ethical principles such as respect for patient autonomy, beneficence, non-maleficence, and justice in ensuring the protection of patient rights and maintaining the integrity of healthcare professionals. The findings reveal that the healthcare sector often faces complex ethical dilemmas arising from conflicts of interest, resource limitations, and professional accountability. Non-litigation mechanisms, particularly mediation reinforced by Article 310 of Law Number 17 of 2023 on Health, have proven effective in resolving conflicts fairly, transparently, and constructively. These mechanisms not only provide immediate solutions but also contribute to rebuilding trust between healthcare providers and patients while promoting restorative justice. The study concludes that integrating ethical principles with effective dispute resolution and fostering an institutional culture of ethics are crucial to strengthening professionalism, accountability, and public trust. Continuous ethical education, leadership commitment, and institutional support are key to building a sustainable healthcare system oriented toward patient welfare and social justice.
Penerapan Unsur Kesengajaan Pasal 2 UU TPPO Terhadap Perekrut Sebagai Dasar Pertanggunjawaban Pidana Retnowati Boong, Vicariya; Mugiono, Mariana
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.v2i4.4811

Abstract

This study aims to analyze the application of the element of intent under Article 2 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Person, specifically as it relates to recruiters and their criminal liability. The focus is on determining whether a recruiter can be held liable when they claim to act solely as an intermediary without explicit knowledge of exploitation. This study employs a normative juridical method, employing both statutory and conceptual approaches. Legal norms and principles relevant to the concept of intent in criminal law are examined, along with an analysis of applicable laws and doctrinal interpretations in the context of human trafficking cases. The findings of this study reveal that intent under Article 2 of the Law on Trafficking in Persons encompasses both direct and indirect forms. Direct intent refers to situations where the perpetrator explicitly knows and aims to carry out exploitation. In conclusion, Article 2 of the Law on Trafficking in Persons is not limited to demonstrable knowledge of exploitation. It can also encompass situations where the recruiter should have had reasonable suspicion of potential exploitation but ignored warning signs. Therefore, recruiters can be held criminally liable as principal perpetrators when it is proven that their actions contributed to the trafficking chain, and they knew or should have known of the risks of exploitation involved.
Legalitas Perlindungan Hukum Haji Furoda: Studi Kasus Haji Tahun 2025 Muntafi, Ahmad Zaki
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.v2i4.3875

Abstract

This study examines the legal protection of Furoda Hajj pilgrims in 2025, particularly in light of the failure to issue the mujamalah visa, which is a prerequisite for the implementation of this non-quota pilgrimage program. The Furoda Hajj, carried out through official invitations from the Saudi Arabian government, operates outside Indonesia’s regular quota, creating a unique legal position for the pilgrims involved. The purpose of this research is to analyze the extent of legal protection available to pilgrims who fail to depart and to assess the government’s responsibility in safeguarding their rights. Employing a normative juridical approach, this study relies on statutory and conceptual analysis of laws, regulations, and governance practices related to Hajj administration. The findings reveal that although the Furoda Hajj is legally acknowledged, its legal protection remains uncertain, as statutory responsibility is limited to the regular Hajj quota. This gap has significant implications, particularly regarding the supervision, transparency, and accountability of organizers, as well as the refund of funds paid by pilgrims. In conclusion, the non-issuance of mujamalah visas in 2025 highlights the urgent need for regulatory reforms and stronger state involvement to ensure that Furoda Hajj pilgrims receive fair legal protection, security, and justice in line with public expectations.
Konstruksi Yuridis dan Implikasi Hukum PPPK Paruh Waktu dalam Sistem Kepegawaian Negara Indonesia Wicaksono, Emirza Nur
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4990

Abstract

This study aims to analyze the juridical construction and legal implications of the part-time Government Employees with Work Agreements (PPPK) status within Indonesia’s national civil service system, based on the latest regulations, particularly Law No. 20 of 2023 on State Civil Apparatus and its implementing regulations. The study identifies normative ambiguities that result in legal uncertainty and potential violations of administrative law principles and employee rights protection. A normative juridical research method was used, involving the analysis of statutory documents and relevant legal literature. The findings reveal that part-time PPPK arrangements lack a clear and robust legal basis at the statutory level, hindering fair and consistent implementation. The absence of adequate regulation leads to weak protection of employee rights and disparities in implementation across the field. Therefore, this study recommends strengthening the legal framework through revisions to State Civil Apparatus Law and the issuance of comprehensive implementing regulations that explicitly govern the legal status and protections of part-time PPPK employees. This is essential to uphold the principles of legal certainty and justice in the national civil service system. The findings offer a new perspective for developing a more inclusive and responsive civil service policy in the era of bureaucratic reform
Perlindungan Hukum Pembeli Produk Tidak Sesuai Dihubungkan Undang-Undang Nomor 8 Tahun 1999 Fatihuddin, Farhan; Agus, Dede; Anwar, Jarkasi
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4922

Abstract

One of the most significant digital developments is online shopping. Online shopping is highly favored by the public because it is considered to facilitate transactions. However, there are negative impacts, including dishonest merchants when marketing products, which results in losses for consumers. Therefore, the author wants to understand how legal protection is provided for consumers who lack government oversight, as well as the legal remedies that can be taken based on Law Number 8 of 1999 concerning Consumer Protection. This research method is normative-empirical law. The data used in this study are secondary and primary data. The technique for collecting secondary data is a literature study and primary data through interviews. Data processing in this study is a literature study and field. This research analysis uses a qualitative approach. The results of the study indicate that sellers are proven to not pay attention to consumer protection because they found discrepancies in the goods received, which harm consumers. It is also explained that consumers will be protected by Law Number 8 of 1999 if the consumer feels disadvantaged by the product being sold. Consumers have the right to receive comfort, security, and safety in using a product being sold to them.
Tinjauan Hukum Internasional terhadap Status Organisasi Papua Merdeka (OPM) sebagai Subjek Hukum Internasional Wendra, Muhammad; Sutrisno, Andri; Kamal, Muhammad Refly
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4991

Abstract

This study aims to present the implications of separatist movements that are recognized as international subjects, especially for the parent country. This study is urgent due to the importance of the status of separatist groups as subjects of international law and its impact on the parent country. This study uses a normative juridical method with a literature study approach that includes doctrine and various other international legal conventions. The results of the study show that separatist movements generally demand separation from the parent country based on various backgrounds, such as ideological and racial differences, as well as injustices or human rights violations. To achieve this goal, separatist groups need international support, such as recognition as subjects of international law through the determination of belligerent status or geopolitical recognition to facilitate their goals. Therefore, this study shows that in order to achieve the status of an international legal subject, separatist movements not only require various specific criteria as stipulated in international law, but also require factors such as international politics to achieve these goals. Furthermore, this study also shows that such recognition can have significant political, diplomatic, and social implications for the parent country, such as Indonesia. The influence of recognizing the OPM as a subject of international law theoretically and juridically has a significant impact on the parent country, such as Indonesia, including challenges to Indonesia's sovereignty and territorial integrity, a negative international precedent for Indonesia regarding separatism, disruption of the country's development and security (stability), and vulnerability to negative impacts in conducting international relations.
Pembaruan Hukum Nasional dalam Menjawab Tantangan Globalisasi dan Digitalisasi Tarmizi, Rasyid; Triadi, Irwan
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5005

Abstract

The rapid development of globalization and digitalization has significantly influenced various aspects of human life, including national legal systems. These transformations demand that states undertake comprehensive and sustainable legal reforms to address emerging challenges such as personal data protection, cybercrime, digital economy regulation, and cross-border jurisdictional issues. This study aims to analyze the urgency of national legal reform in responding to the dynamics of globalization and digitalization, as well as to identify strategic steps for developing an adaptive, responsive, and equitable legal system. The research employs a normative juridical method through legal analysis of relevant national and international laws and regulations, complemented by a literature review of global frameworks and comparative legal studies. The results indicate that legal reform must be comprehensive, covering the dimensions of legal substance, institutional structure, and legal human resources. Furthermore, reform efforts should be guided by the principles of national legal sovereignty, human rights protection, and alignment with global technological developments and international legal standards. The study concludes that through the modernization of its legal system, Indonesia can enhance its global competitiveness, protect national interests, and promote social justice in the digital era. An updated, inclusive, and forward-looking legal framework will ensure Indonesia’s readiness to face transnational legal challenges arising from ongoing globalization and rapid digital transformation.
Fenomena Kawin Kontrak di Jabal Puncak: Perspektif Hak Asasi Manusia dan Pencegahan Tindak Pidana Perdagangan Orang sebagai Isu Hukum Kontemporer Ningrum, Rahma Aliansya; Amalia, Mia; Mulyana, Aji
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.3337

Abstract

The phenomenon of contract marriage is a temporary marriage practice commonly occurring in the Jabal Puncak area, involving foreign tourists—particularly from the Middle East—and local women. This practice is often conducted without official registration, leading to various legal and social issues. This research aims to analyze contract marriage from legal and human rights perspectives, as well as examine its connection to the criminal offense of human trafficking (TPPO). The study employs a qualitative approach using literature review methods and analysis of relevant legal and social cases. Data is obtained from legal documents, NGO reports, investigative news. The findings indicate that contract marriage involves the exploitation of women, including violations of their rights to legal protection, economic welfare, and human dignity. This practice is often viewed as a form of disguised prostitution that exploits legal loopholes and weak law enforcement oversight. Although Indonesia has regulations such as Law No. 1 of 1974 on Marriage and the Law on the Eradication of TPPO, their implementation remains suboptimal. In conclusion, this research emphasizes the need for stricter legal reforms, rigorous oversight, and economic empowerment and education programs.
Perbandingan Tanggung Jawab Hukum Pekerja Outsourcing di Indonesia dan Amerika Serikat dalam Hukum Ketenagakerjaan Wiradrana Wasistha, Aisya; Prihartono, Agus; Agus, Dede
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4978

Abstract

This study aims to compare the legal responsibility regulations governing outsourcing workers in Indonesia and the United States from the perspective of Indonesia’s Law No. 13 of 2003 on Manpower and the National Labor Relations Act (NLRA). The research was conducted to identify the differences in worker protection, especially regarding employment contracts, wages, social security, and legal certainty. Using a normative juridical method with statutory, conceptual, and comparative approaches, data were obtained from primary legal materials such as legislation, secondary materials including academic literature and journals, and tertiary materials as supporting references. The analysis employed a descriptive-analytical method to compare the substance and implementation of outsourcing regulations in both countries. The results indicate that Indonesia’s outsourcing regulations remain limited and often create legal uncertainty, particularly after the enactment of the Job Creation Law, which expanded outsourcing practices without strengthening worker protection. Conversely, the United States provides more comprehensive protection through the NLRA, the Fair Labor Standards Act (FLSA), and the Civil Rights Act, ensuring the right to organize, regulating minimum wages and working hours, and prohibiting discrimination. The study concludes that weak supervision, unclear legal interpretation, and low compliance are the main obstacles in Indonesia, while in the U.S., the “at-will” employment system remains the key factor reducing job security for outsourcing workers.
Pertanggungjawaban Pidana Partai Politik dalam Perspektif Good Governance dan Hukum Pidana Indonesia Kusumawiranti, Retno; Wahyuningtyas , Emy; Hartanto, Hartanto
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5010

Abstract

This study aims to analyze the legal foundation and urgency of implementing criminal liability for political parties in Indonesia within the framework of good governance and the rule of law. In Indonesia’s democratic system, political parties play a crucial role in articulating public interests and shaping state policies through the selection and nomination of their members for legislative and executive positions. However, this strategic role also raises fundamental questions regarding legal accountability when political parties or their members engage in criminal acts under the party’s name. The study employs a normative juridical method using statutory, doctrinal, and principle-based approaches to examine the applicability of criminal liability principles to political parties as corporate entities. The findings reveal that although Indonesia’s positive law provides a basis for holding political parties criminally liable, its enforcement remains largely theoretical and lacks effective mechanisms. The doctrines of strict liability and vicarious liability have not yet been consistently applied to political organizations. The study concludes that reforming criminal law and strengthening ethical and institutional integrity within political parties are essential steps to ensure both legal and moral accountability in reinforcing democratic governance and realizing the constitutional mandate of a just and law-based state.

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