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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 
The Substantive Rights of Heirs and Administrative Barriers in Indonesian Banking Practices La Ode, Muhamad Taufik; Abdullah, Ali
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i3.11

Abstract

This article explores the normative-institutional discrepancy between the declarative nature of Article 833 of the Indonesian Civil Code and the administrative practices of financial institutions in the execution of inheritance rights within Indonesia’s national legal system. Legally, heirs acquire their rights automatically upon the decedent’s death, without requiring court confirmation or formal recognition. In practice, however, banks often impose excessive procedural requirements, such as requesting additional documents or withholding funds without a clear legal basis. This study adopts a normative legal method, analyzing statutory provisions, doctrinal interpretations, and illustrative case studies. The findings highlight the urgent need for regulatory harmonization between inheritance law and financial administrative procedures in Indonesia. The article also emphasizes the strategic role of notaries as legal intermediaries who ensure the enforceability of inheritance rights through authentic documentation. It concludes that heirs’ legal protection must be strengthened by upholding the principles of legality and substantive justice within the financial sector.
Legal Analysis of the Application of Article 363 of the Criminal Code in the Sekayu District Court Decision Number 70/Pid.B/2021/PN Sky Regarding Theft in a Plantation Area M. Saleh, Tri Wahyuni; Malik, Faissal; Hasan, Aslan
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288//jlc.v1i3.12

Abstract

This study aims to examine the suitability of the indictment with Article 363 paragraph (1) 4 of the Criminal Code used by the Public Prosecutor in decision Number 70/Pid.b/2021/PN Sky and whether the Judge's considerations in decision Number 70/Pi.B/2021/PN Sky were in accordance with the facts of the trial. The type of research used is normative legal research, which is a method of legal research conducted by examining library materials or secondary data. Based on research, it can be seen that there is a discrepancy between the indictment and Article 363 paragraph (1) point 4 of the Criminal Code used by the Public Prosecutor, as well as between the verdict and the judge's consideration, which does not or does not fully correspond with the facts of the trial, so that the article in the Public Prosecutor's indictment is still used. Both prosecutors and judges should apply the principle of lex specialis derogate lex generali in applying articles in indictments and in court decisions, so that justice can truly be upheld.
Legal Protection for the Community of Wonokerto Village Occupying Village Land Without Legality Setiawan, Dimas Bakti; Harahap, Nurmalita Ayuningtyas
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i3.13

Abstract

This study analyzes the use of Kasultanan land as a residence in Wonokerto Village for 63 years without legality. The method used is empirical law with primary and secondary data collection through literature studies, field observations, and interviews with the community, Wonokerto Village Office, and Panitiksmo. The use of Kalurahan land as a residence violates Governor Regulation Number 24 of 2024, but is based on historical aspects where there was a mandate from Sri Sultan Hamengkubuwono IX in 1961 to move the community group from the disaster-prone area of ​​Mount Merapi. This creates a lack of legal certainty for the community group. As a result, the community group cannot carry out legal acts such as Liyer and Lintir. The results of the study show that the Sultanate can release the rights of Anggaduh Kalurahan Wonokerto to become the Sultanate's land, so that the community can submit Serat Kekancingan for legality and be used as legal protection for the community group. Although there are regulations, the resolution refers more to the Sultanate's policy. More explicit and legally binding regulations are needed, such as the Governor's Regulation on resolving the status of village land that has been used by the community as a residence, so that the community can obtain clear legal certainty.
Unraveling the Challenges of the Independence of Constitutional Court Judges Amidst the Politicization of the Judiciary in Indonesia: A Legal and Political Analysis Hidayat, Rachmat; Herwansyah
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i3.14

Abstract

The Constitutional Court (MK) as the guardian of the constitution plays an important role in upholding constitutional justice in the Indonesian constitutional system. However, the independence of MK judges is still vulnerable to political intervention, both in the legislative process and in the appointment and dismissal of judges. This study uses a normative juridical method with a legislative and conceptual approach. The results of the study show that this vulnerability is influenced by the revision of the Constitutional Court Law, which is fraught with political interests, the interference of political institutions in the selection of judges, and conflicts of interest in several controversial decisions. To strengthen the independence of the Constitutional Court, regulatory reforms based on meritocracy, external supervision through the Judicial Commission, transparency and public participation in the selection process and decisions, as well as the reinforcement of judges' ethics and integrity are needed. With these steps, it is hoped that the Constitutional Court will consistently carry out its function as the guardian of the constitution, uphold the principle of the rule of law, and protect the constitutional rights of the Indonesian people.
Integration of the Concept of Archipelagic State and Jou Se Ngofangare Customary Values in the Formation of Marine Policy in North Maluku Fathurrahim; Chalil, Nurhayati
Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v1i3.15

Abstract

This research aims to analyze how the customary value of Jou Se Ngofangare functions as a source of social and moral legitimacy in implementing marine policy based on the Archipelagic State concept in North Maluku. The study arises from the existing gap between marine policies founded on national and international legal frameworks-such as UNCLOS 1982 and Law Number 6 of 1996 on Indonesian Waters-and the deeply rooted local wisdom of North Maluku’s indigenous communities. The Jou Se Ngofangare value, which emphasizes respect, justice, balance, and moral responsibility toward nature, is seen as a moral compass that can strengthen the legitimacy and contextual relevance of marine policies. The research highlights the urgency of integrating customary values into public policy to minimize social resistance and promote equitable, sustainable marine resource management. Using a normative legal method combined with a socio-legal approach, the study examines both formal legal norms and the living law embodied in customary practices. The findings reveal that Jou Se Ngofangare values play a crucial role in enhancing the effectiveness, community acceptance, and ethical grounding of marine policy implementation. However, challenges remain in the limited formal recognition of customary norms within regulatory frameworks and the weak coordination between government institutions and customary authorities. Ultimately, this research proposes an integrative model that bridges positive law with local wisdom, offering a contextualized and culturally rooted foundation for marine policy legitimacy in North Maluku.

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