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Journal of Legal Contemplation
Published by Candela Edutech Indonesia
ISSN : 30895389     EISSN : 30899850     DOI : https://doi.org/10.63288/jlc.v1i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Aims and Scope : ✨ Civil Law, ✨Criminal Law, ✨Civil Procedural Law, ✨Criminal Procedure Law, ✨Commercial Law, ✨Constitutional Law, ✨International Law, ✨State Administrative Law, ✨Adat Law, ✨Islamic Law, ✨Agrarian Law, ✨Environmental Law, ✨Another section related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
 1   2 
Juridical Review of Internal Control System Design in Regional Financial Management in Indonesia Prawira, Suwiryo
Journal of Legal Contemplation Vol. 1 No. 1 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i1.1

Abstract

This study examines the design of an internal monitoring system for regional financial management at the regional level “Ius Constitutum”. The design of an internal regional financial supervision system regulated in various regulations is expected to produce effective regional financial management. However, with the recent rise in acts of budget misuse and fraudulent regional financial reporting, this certainly leaves new work for policy makers to review the existing internal monitoring system. The main objective of this study is to find out whether the internal control system model that has been established is able to guarantee the implementation of effective regional financial administration, or is it the opposite. With various incidents occurring regarding irregularities in the implementation of regional budgets, this study then describes the weaknesses and efforts to optimize the regional financial internal monitoring system.  This research uses a normative legal research method that relies on a statutory approach and a conceptual approach. The research results show that there are still weaknesses in the design of the internal supervision system in regional financial management. This can be seen from the regulation of the internal supervision system which is not yet optimal because it still opens up room for compromise between supervisory officials and regional heads. In addition, the design regarding the position of regional inspectorates in the applicable regulations does not allow Government Internal Audit Apparatus to act independently in carrying out their supervisory duties. This study is encouraging  to make improvements to the position of the regional Inspectorate through  revision of existing regulations. The position of the internal regional inspectorate implementation  Internal supervision must be interpreted within the scope of internal supervision in the sense  broad.
Legal Analysis of the Authority of the Supervisory Board in Law Number 19 of 2019 concerning the Corruption Eradication Commission Hajuan, Ardi; Nurul Aini; Saifullah Fadel
Journal of Legal Contemplation Vol. 1 No. 1 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i1.3

Abstract

This study is to determine the Authority of the Supervisory Board in Law No. 19 of 2019 concerning the Corruption Eradication Commission. Regarding the KPK Supervisory Board, with the authority to grant permission or not to grant permission for wiretapping, search and/or seizure, this shifts the concept of supervision to the concept of control in the implementation of the duties and authorities of the Corruption Eradication Commission. So that this is closely related to the independence of the Corruption Eradication Committee, which in carrying out its duties and authorities is independent and free from the influence of any power. The results of the study describe the juridical authority of the Supervisory Board in Law No. 19 of 2019 concerning the Corruption Eradication Commission and the authority of the Supervisory Board in a sociological perspective. The Supervisory Board is not a law enforcer, but is only tasked with overseeing the implementation of the KPK's duties and authorities. With the existence of the KPK Supervisory Board within the KPK, it is feared that it will hamper efforts to eradicate corruption.
Problematizing Law Enforcement in Indonesia: A Study from the Perspective of the Sociology of Law Ahmad M; Eka Putri, Afifa; Amin Yasin; Alifandi Rizky Cahya Putra; Arfius Nurdin; Fahri Arfa
Journal of Legal Contemplation Vol. 1 No. 1 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i1.2

Abstract

Law enforcement in Indonesia faces various complex and multidimensional issues. From the perspective sociology of law, law is not merely seen as a set of formal rules but as part of a social system that reflects the dynamics of society. The main challenges in law enforcement in Indonesia include the gap between normative law and social practices, public distrust in law enforcement officials, and the strong influence of social, political, and economic factors. In this context, the law is often perceived as favoring the powerful while being harsh on the weak, reflecting injustices in its application. This study highlights the importance of judicial system reform, enhancing the integrity of law enforcement officials, and harmonizing state law with prevailing social values in society. The sociological approach to law enforcement in Indonesia emphasizes the need to understand how society perceives, interprets, and complies with the law, as well as how social structures, influence its effectiveness. The gap between formal law and cultural values often results in law legal comoliance. Legal cases highlighted in the media reveal disparities in treatment based on social status. Thefore, the proposed solutions in this study include legal system reform, strengthening legal culture, and active community involvement in legal oversight to achieve a rairer and more effective legal system.
Post-release Juvenile Offender at the Special Development Institute for Children in the Perspective of Sociology of Law Syarif, Rahmat; Sabtu, Rahman Sandy Ela; Dukomalamo, M. Jufri
Journal of Legal Contemplation Vol. 1 No. 1 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i1.4

Abstract

The aim of this research is to provide an understanding of the psychological condition of a child after being released from a foster child based on a legal sociology perspective at the Special Child Development Institute (LPKA). The research uses socio-juridical methods, including descriptive research with a non-doctrinaire approach, which views law as an empirical social phenomenon. The types and sources of data in this research use primary data and secondary data with data collection techniques in the form of documentation and literature study which is then analyzed descriptively qualitatively. The results of this research show that a bad view of former foster children in the social environment will result in children experiencing mental disorders, depression, low self-esteem, anxiety about hurting themselves and even suicide. The efforts made by the community and government are to accept and accommodate children who have problems with the law, so that there is a common perception between parents and the government in fulfilling children's rights, and avoiding bad views that have an impact on the survival and future of children.
Juridical Analysis of the Judgment of Acquittal from All Lawsuits for Perpetrators of Defamation Through Social Media Maskur, Apriyanti
Journal of Legal Contemplation Vol. 1 No. 1 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i1.5

Abstract

This study aims to examine the suitability of the Judge's considerations in Decision Number 98/Pid.Sus/2020/PN Sos with the trial facts and the implications of Decision Number 98/Pid.Sus/2020/PN Sos. The type of research used is normative legal research which is a research method that focuses on positive legal norms. The data collected in this study include secondary data sources from legal literature with data collection techniques in the form of literature studies of legal materials and then analyzed qualitatively using descriptive methods. The results of the study on Decision Number 98/Pid.Sus/2020/PN Sos can be explained that the Panel of Judges' considerations are basically inappropriate, because Article 49 paragraph (1) of the Criminal Code only covers honor in the sense of the sexual field so that it cannot be used to argue for a defense of honor in the sense of a good name, besides that, the defendant's actions do not fulfill the element of "in the public interest and forced to defend himself" as referred to in Article 310 paragraph (3) of the Criminal Code. This decision has implications for the application of the law in the future, which can be used as a reference for law enforcement officers, both Judges, Prosecutors, or Legal Counsel in handling the same case even though it has not become jurisprudence, but this decision will be used as a reference for law enforcement officers because the decision has permanent legal force. In addition, this decision will also be a reference for the public, in terms of behavioral patterns in using social media, with a tendency to feel free to use social media to attack the legal interests of others, by arguing that their actions are a form of defending public interests or being forced to defend themselves in order to escape the law.
The Independence of the Corruption Eradication Commission after the Revision of Law No. 19 of 2019: The Perspective of the Theory of Separation of Powers and Its Implications S. M, Probo Pribadi; Simatupang, Michael Wijaya
Journal of Legal Contemplation Vol. 1 No. 2 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i2.6

Abstract

After the issuance of Law No. 19/2019, which amended Law No. 30/2002 on the Corruption Eradication Commission, there were significant changes in the position and function of the KPK. The main objective of this study is to analyze changes in the position and authority of the Corruption Eradication Commission (KPK) after the enactment of Law No. 19 of 2019, whether it still fulfills the principle of independence of state institutions from the perspective of the theory of separation of powers (trias politica) as well as the legal and constitutional impacts of the transfer of the KPK to the executive branch of power on the principle of checks and balances and the effectiveness of corruption eradication in Indonesia. This research uses a normative legal research method that relies on a statutory approach and a conceptual approach. The results show that the Revision of KPK Law has serious consequences for the independence of KPK and shows significant constitutional impacts which reflect a shift in balance. The imbalance has the potential to weaken the quality of democracy while disrupting the principles of clean and accountable governance. KPK risks transforming into an administrative instrument that is vulnerable to the interests of executive power
Analysis of Decision of The Honorary Council of The Constitutional Court Number 2/MKMK/L/11/2023 Based on The Constitutional Court Regulation Number 1 of 2023 Concerning the Honorary Council of The Constitutional Court Tuanany, Egfa G; Siti Barora Sinay; Andika Adhyaksa
Journal of Legal Contemplation Vol. 1 No. 2 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i2.7

Abstract

The Constitutional Court's Honorary Council's decision was deemed wrong in imposing sanctions on the Chief Justice of the Constitutional Court, Anwar Usman. This study aims to determine how the implementation of the Constitutional Court Regulation of the Republic of Indonesia Number 1 of 2023 concerning the Honorary Council of the Constitutional Court is carried out against the Decision of the Honorary Council of the Constitutional Court Number 2/MKMK/L/11/2023 and to find out and understand what is the basis for consideration for the judges of the Honorary Council of the Constitutional Court in the decision Number 2/MKMK/L/11/2023. The type of research used in this study is normative legal research, using a research approach by examining and reviewing the object of research through laws and regulations by sharpening research data that aims to find out the problems being discussed, while the type of research is qualitative using descriptive analysis. The results of the study indicate that the Honorary Council of the Constitutional Court did not apply the Constitutional Court Regulation Number 1 of 2023 concerning the Honorary Council of the Constitutional Court as it should so that in the decision of the MKMK Number 2/MKMK/L/11/2023 it cannot provide legal certainty. Therefore, the provisions governing the types of sanctions for reported judges who are proven to have committed ethical violations are not explained properly. However, the decision is final and binding internally on the Constitutional Court.
Building Law Enforcement with Character Ulil Albab: Reflection of Godly Values in The National Legal System Fathurrahim; Syafari, Tri
Journal of Legal Contemplation Vol. 1 No. 2 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i2.8

Abstract

In law enforcement, moral aspects are very important in the court process. regarding law enforcers with the character of ulil albab which will be used as the basis for study to reflect divine values in the national legal system. the purpose of this study is: how to build law enforcers with the character of ulil albab: reflection of divine values in the national legal system. this type of research is qualitative research that is descriptive analytical, namely legal research where knowledge or theory about the object already exists and wants to provide a picture of the object of research. The results of this study can be seen from the ten main characteristics of ulil albab humans who can make a significant contribution to fair and civilized law enforcement, as Allah SWT has conveyed in the Qur'an. The concept of ulil albab is very relevant to be applied in the world of education. These characteristics can build a generation that is intellectually intelligent, but also has high moral and spiritual integrity. Thus, education that prioritizes the values of ulil albab will produce individuals who are able to collaborate positively for society and the nation.
Political Asylum as a Geopolitical Instrument: A Study of Defection and Its Implications for Foreign Policy Puspitasari, Dyah Rosiana; Ibrahim, Fakhry Muhammad
Journal of Legal Contemplation Vol. 1 No. 2 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i2.9

Abstract

Political asylum has long been a sensitive issue in international relations, especially when granted to defectors or figures labelled as traitors by their home countries. This study aims to analyze the shift in meaning and function of political asylum in modern international relations, explain the geopolitical impact of defection accompanied by the granting of asylum, examine the foreign policy responses of the country of origin and the asylum-granting country, and provide an understanding of the dynamics of diplomatic tensions and foreign policy strategies related to the practice of granting asylum. This study uses a normative (doctrinal) juridical method, with a conceptual approach, legislation, and case studies. The data sources used are secondary data obtained through literature studies, consisting of primary legal materials, and tertiary Legal Materials. The results of the analysis show that political asylum has evolved from mere protection against persecution to an instrument of negotiation and geopolitical influence. Granting asylum to defectors has been proven to worsen diplomatic relations between countries, but on the other hand it is also used as a strategy of political pressure on the defector's country of origin. Therefore, countries need to balance between their commitment to protecting human rights and national interests, especially amidst increasing multi-regional geopolitical tensions. It is recommended that international legal norms be strengthened to clearly regulate the boundaries between the right to protection of individuals and the potential for political exploitation of asylum practices.
Implementation of Village Autonomy: A Normative Study of Law Number 6 of 2014 Concerning Villages Faisal, Fatma; Attas, Nasrah Hasmiati
Journal of Legal Contemplation Vol. 1 No. 2 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i2.10

Abstract

This study focuses on gaining an in-depth understanding of the implementation of village autonomy based on the legal framework of Law Number 6 of 2014 concerning Villages. This study uses a normative legal research method, also known as library legal research. This means that this study is based on searching and analyzing library materials and applicable legal provisions, then linking them to the issues being studied. The statute approach is the main analytical foundation of this research. The results of this research explain that Law Number 6 of 2014 concerning Villages is indeed an important milestone designed to strengthen decentralization and autonomy at the village level in Indonesia. Conceptually, this law gives villages broader authority in managing resources and making strategic decisions. However, in practice, the implementation of village autonomy still faces a series of complex obstacles. Significant obstacles identified include overlapping authorities between policies originating from the central government and local governments, as well as legal ambiguities that cause uncertainty at the village level. Overcoming these challenges is essential to ensure that village autonomy can operate effectively and efficiently.

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