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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 94 Documents
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Pertanggungjawaban Hukum dan Kerugian Konsumen dalam Pemalsuan BBM: Studi Kasus Pemalsuan Pertamax di SPBU 34.151.39 Tangerang Sirait, Achmad Hafizh; 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.v3i1.5079

Abstract

This study aims to analyze consumer legal protection against Pertamax fuel This study examines the legal accountability of business actors and the losses suffered by consumers in the Pertamax fuel counterfeiting case at Gas Station 34.151.39 in Tangerang City. The research aims to analyze the extent of consumer protection, the legal responsibilities arising from the distribution of counterfeit fuel, and the violation of good faith principles in business practices. Using a qualitative method with a case study approach, data were obtained through in-depth interviews with consumers and relevant stakeholders, field observations, and analysis of regulatory documents and supervisory reports. The study applies Philipus M. Hadjon’s Legal Protection Theory, covering preventive, repressive, and remedial mechanisms. The findings reveal that fuel adulteration—such as mixing lower-grade fuel with coloring substances to resemble Pertamax—results in significant financial and technical losses, including engine damage and reduced vehicle performance. Legal protection remains ineffective due to weak supervision and limited enforcement against business actors. The gas station operator is legally obligated, under Article 19 of the Consumer Protection Act, to provide compensation through refunds, product replacement, or other statutory remedies. The study concludes that strengthening monitoring, imposing strict sanctions, and enhancing consumer awareness are essential to ensuring effective legal protection and safeguarding consumer rights in fuel distribution.
Sinergitas Prinsip Good Governance dan Kekuatan Negara: Upaya Mewujudkan Kesejahteraan Publik di Indonesia Azimattara, Muchammad Daing; Wijayanti, Adinda Ari
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.v3i1.5084

Abstract

The application of good governance principles is a crucial prerequisite for creating effective, accountable, and public interest-oriented governance. State power, on the other hand, plays a strategic role in determining the extent to which public policies can be implemented to achieve public welfare. This study aims to analyze the synergistic relationship between the concept of good governance and state power within the framework of social welfare development in Indonesia. Using a normative-juridical and conceptual approach, this study examines the principles of good governance as stipulated in various national and international legal instruments, and analyzes the role of state power in realizing a welfare state. The results of the study indicate that the relationship between good governance and state power is complementary, not contradictory. A strong state without good governance has the potential to give rise to authoritarianism, while good governance without the support of effective state power will lose the power to implement policies. Therefore, public welfare can only be achieved through a balance between state authority and good governance principles such as transparency, accountability, participation, and the rule of law. This study emphasizes the importance of strengthening state institutional capacity while instilling good governance values ​​as the foundation for equitable and sustainable national development.
Perlindungan Hukum Terhadap Pekerja Dengan Perjanjian Kerja Waktu Tertentu Yang Terkena Pemutusan Hubungan Kerja (Studi Putusan Nomor 20/Pdt.Sus-PHI/2024/PN Sby dan Nomor 927 K/Pdt.Sus-PHI/2024) Felicia Natasha Dagali; 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.v3i1.5085

Abstract

Termination of employment of workers under Fixed-Term Employment Agreements (PKWT) remains a significant issue, particularly when employers terminate contracts verbally and without adhering to legal procedures, creating uncertainty and neglect of workers’ rights. This study identifies two problems: the form of legal protection granted to PKWT workers who are terminated early, and judicial considerations in resolving such disputes as reflected in Decisions Number 20/Pdt.Sus-PHI/2024/PN Sby and 927 K/Pdt.Sus-PHI/2024. Using a normative juridical method with statutory, conceptual, and case approaches, the research analyzes labor regulations, legal doctrines, and relevant court judgments. The findings show that PKWT workers terminated before the contract’s expiration are entitled to compensation and damages under Article 62 of the Manpower Act and Government Regulation Number 35 of 2021. Verbal termination is deemed procedurally defective because it omits mandatory written notification. Both the first-instance court and the Supreme Court held that the employer lacked a lawful basis for termination and consequently must provide full compensation. These decisions reinforce legal certainty and highlight that employers may not end PKWT contracts unilaterally without legitimate grounds and proper procedures. The study concludes that strong legal protection is essential to prevent arbitrary termination and ensure the fulfillment of workers’ rights.
Mengonseptualisasi Prinsip Meaningful Participation Melalui Kerangka Demokrasi Deliberatif Jürgen Habermas: Analisis terhadap Putusan MK No. 91/Puu-Xviii/2020 Mokodompit, Rahmat; Abdussamad, Zamroni; Ahmad, Ahmad
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.v3i1.5097

Abstract

This article aims to analyze the concept of public participation within Jürgen Habermas’s deliberative democracy framework by focusing on three fundamental rights: the right to be heard, the right to be considered, and the right to be given an explanation. These rights are examined as an integrated deliberative process that links the lifeworld, the public sphere, and the political system. Using a qualitative method with a theoretical approach, this study relies on an extensive literature review to interpret Habermasian deliberative democracy and to explain how citizens’ voices obtain normative legitimacy in democratic decision-making. The findings indicate that the right to be heard highlights the importance of acknowledging citizens’ lived experiences as a moral foundation for public policy. The right to be considered emphasizes the need for an inclusive, domination-free public sphere in which arguments are assessed on equal terms. Meanwhile, the right to be given an explanation underscores the political system’s responsibility to respond to public opinion communicatively rather than merely through formal procedures. The analysis concludes that public participation becomes substantively meaningful only when grounded in communicative rationality and protected from system colonization. Therefore, political legitimacy in modern democracy should not rest solely on procedural compliance but on rational dialogue formed between citizens and the state within a deliberative public sphere.
Perlindungan Hukum Atas Wartawan Saat Melakukan Penyelidikan Kasus Ditinjau Dari Undang-Undang Pers Satriawan, Arnezul Achmad; Tarigan, Klarisa Tabita Khenina; Priambodo, Bombong Munif Musyaffa’
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5379

Abstract

Violence against journalists continues to occur in Indonesia despite the guarantee of press freedom under Law No. 40 of 1999 concerning the Press. This study aims to examine the forms of legal protection available to journalists and analyze the fulfillment of criminal law elements in cases of violence against them, using the case of Rico Pasaribu, a journalist for TribrataTV in Karo Regency, as a reference. The research employs a normative juridical method by analyzing statutory regulations, legal doctrines, and relevant legal materials related to press freedom and criminal responsibility. These materials are examined qualitatively to assess the framework and its implementation in practice. The findings indicate that although press freedom is legally recognized, law enforcement related to crimes against journalists remains weak. Data from 2023 to 2024 show that 148 cases of violence against journalists occurred in Indonesia, reflecting a gap between legal guarantees and their actual protection. The case of Rico Pasaribu illustrates how journalists remain vulnerable due to ineffective enforcement mechanisms and the lack of consistent deterrent measures against perpetrators. This study concludes that the core problem lies not in the absence of legal regulation, but in insufficient enforcement of existing laws.
Tindak Pidana Pencabulan Anak di Wilayah Hukum Polres Boalemo Dalam Perspektif Kriminologi dan Penegakan Hukum Liba, Yulita; Badu, Lisnawati W; Arief, Supriyadi A
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5426

Abstract

The purpose of this study is to analyze the high incidence of sexual violence against children in Boalemo Regency from a criminological perspective and to assess the effectiveness of law enforcement practices carried out by the police, particularly the Women and Children Protection Unit (PPA) of the Boalemo Police. This study employs an empirical method with a sociological juridical approach. Data were collected through interviews, observations, and documentation studies conducted at the PPA Unit of the Boalemo Police and were analyzed qualitatively to obtain an in-depth understanding of the causal factors and countermeasures. The results indicate that sexual violence against children is influenced by both internal and external factors. Internal factors include family-related problems such as domestic disharmony, weak parental supervision, and economic conditions, while external factors encompass an unfavorable social environment, low public legal awareness, and the influence of peer associations and media. In responding to these cases, the Boalemo Police have undertaken law enforcement efforts through preventive measures, such as legal education and socialization, as well as repressive measures in the form of taking legal action against perpetrators in accordance with prevailing laws and regulations. However, these efforts have not been fully effective, as the incidence of sexual violence against children remains relatively high and tends to increase annually. Therefore, it can be concluded that strengthening more comprehensive and sustainable law enforcement strategies is necessary, along with enhancing the role of families, communities, and local government in efforts to prevent and protect children.
Pemenuhan Hak Korban Jarimah Menurut Qanun Nomor 16 Tahun 2014 Tentang Hukum Jinayat Safrijal, Airi; Nurhafifah, Nurhafifah; Azmi, Nora Mia
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5499

Abstract

Restitution is a form of fulfillment of victims’ rights as part of uqubat aimed at protecting the interests of victims, particularly victims of rape crimes. This study aims to analyze the legal regulation of restitution for victims of rape under Aceh Qanun Number 6 of 2014 concerning Jinayat Law and Supreme Court Regulation Number 1 of 2022, as well as to examine the obstacles in fulfilling restitution rights for victims of criminal offenses. The research method employed is normative legal research using a library research approach by examining statutory regulations, legal doctrines, books, journals, and other relevant legal materials. The results of the study indicate that restitution for victims of rape has been normatively regulated in Aceh Qanun Number 6 of 2014 concerning Jinayat Law and Supreme Court Regulation Number 1 of 2022 concerning the Procedures for the Settlement of Applications and the Provision of Restitution and Compensation to Victims of Crimes. Restitution constitutes the right of the victim, the obligation of which is imposed on the perpetrator or the perpetrator’s parents and may be granted upon the victim’s request to the judge during court proceedings. However, the fulfillment of restitution rights faces obstacles, particularly the lack of awareness among victims, their families, and the community regarding the existence of restitution rights as regulated in the Qanun and the Supreme Court Regulation. Therefore, it is concluded that greater efforts are required from the government and relevant institutions to conduct legal socialization and enhance public awareness to ensure the effective fulfillment of restitution rights for victims of criminal offenses..
Kewenangan Pemerintah Daerah dalam Pemenuhan Hak atas Bantuan Hukum Bagi Masyarakat Miskin dan Kelompok Rentan Adha, Petrus Antonius Ayub
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5503

Abstract

This article examines the authority of local governments in fulfilling the right to legal aid for the poor and vulnerable groups within the framework of the rule of law, human rights, and regional autonomy. Legal aid constitutes a fundamental component of access to justice and is constitutionally grounded in the obligation of the state to guarantee equality before the law. Although Law Number 16 of 2011 on Legal Aid provides a statutory basis for local government involvement, ambiguities remain regarding whether such authority is mandatory or discretionary. This study employs normative legal research using statutory, conceptual, and normative case approaches to analyze the constitutional and juridical foundations of local government authority. The findings demonstrate that the authority of local governments in providing legal aid is not merely a policy option, but a binding legal obligation derived from constitutional principles and human rights guarantees. Interpreting legal aid as discretionary would contradict the essence of the rule of law and the protection of fundamental rights. Therefore, local governments are required to institutionalize and finance legal aid through adequate regulation and budgeting to ensure substantive access to justice.
Analisis Yuridis Kedudukan Istri dari Cucu Pewaris untuk Memperoleh Hak Waris Melalui Wasiat Wajibah Putri, Dinda Gheanisyatara Shafira; Armiwulan, Armiwulan; Hazhin, Utiyafina Mardhati
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5505

Abstract

This study analyzes the juridical status of the wife of a testator’s grandson in obtaining inheritance rights through the mechanism of wasiat wajibah (mandatory will) under Indonesian Islamic inheritance law. The issue arises from the absence of explicit provisions in the Compilation of Islamic Law (KHI) regulating the granting of a mandatory will to parties beyond adopted children and adoptive parents, leading to divergent judicial interpretations. This research employs a normative juridical method with a descriptive-analytical approach, examining statutory regulations, Islamic legal doctrine, and relevant court decisions, particularly the Decision of the Pemalang Religious Court Number 1313/Pdt.G/2023/PA.Pml. The findings demonstrate that the wife of the testator’s grandson does not qualify as an heir due to the absence of direct blood (nasab) or marital ties with the testator. Consequently, the extension of wasiat wajibah to this party lacks a firm normative foundation in both positive law and classical Islamic jurisprudence. Substantively, the legal reasoning in the examined decision more accurately reflects the concept of munāsakhat (sequential inheritance), whereby inheritance rights of a predeceased husband are transmitted to his heirs, including his wife. This study concludes that legal protection for such parties should be grounded in a clearer doctrinal framework, and calls for reformulation within the KHI to ensure legal certainty while upholding substantive justice in Islamic inheritance adjudication.
Analisis Kewajiban Hukum Warga Negara Asing yang Menjalankan Bisnis di Indonesia Berdasarkan Undang-Undang Nomor 25 Tahun 2007 tentang Penanaman Modal Manik, Flora Juniar
Journal of Contemporary Law Studies Vol. 3 No. 2 (2026): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i2.5519

Abstract

This study aims to analyze the legal obligations of foreign nationals conducting business activities in Indonesia under Law Number 25 of 2007 on Investment, with a focus on assessing the clarity, scope, and enforceability of the regulatory framework in ensuring legal certainty and safeguarding national interests. The research employs a normative juridical method using statutory, conceptual, and comparative approaches to examine the structure and coherence of investment-related obligations within the broader system of Indonesian law. The findings reveal that although the Investment Law establishes fundamental obligations, including business entity formation, licensing requirements, compliance with national laws, corporate social responsibility, environmental protection, labor standards, and taxation, its regulatory formulation remains general and fragmented. The absence of clear normative boundaries, reliance on sectoral regulations, and broad administrative discretion create legal ambiguity and inconsistent enforcement practices. This condition not only complicates compliance for foreign investors but also weakens the principle of equality before the law and undermines legal predictability. The study concludes that clearer and more structured normative provisions within the Investment Law are necessary to strengthen legal certainty while maintaining a balanced relationship between investment facilitation and the protection of national legal sovereignty.

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