cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Basto Daeng Robo
Contact Email
basto@unkhair.ac.id
Phone
-
Journal Mail Official
ejournalcandela@gmail.com
Editorial Address
Bonewa Estate Blok I No. 16, Pattalassang, Gowa, South Sulawesi, 92172, Indonesia
Location
Kab. gowa,
Sulawesi selatan
INDONESIA
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 20 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.
Reviewing The Legal Status of the Joint Ministerial Decrees in Indonesian State Administrative Law Suwiryo Prawira; Dion Nupianto
Journal of Legal Contemplation Vol. 2 No. 1 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i1.20

Abstract

The implementation of state governance based on the concept of a material rule of law requires discretion as an adaptive mechanism to prevent stagnation and legal vacuum. This is manifested in practice in the form of the government's authority (freies ermessen) in making decisions. As is practiced in Indonesia, for example, several government officials or ministers under certain legal circumstances issue a single decision simultaneously called a "joint decision of government officials." The problem that must be highlighted lies in the nature of the product of "decisions," which tend to regulate, and sometimes even limit human rights. In theory, these characteristics should be identical to legal products of legislation (regeling). The actual meaning of "decisions" and the legal status of joint ministerial decrees in state administrative law will be the issues addressed in this article. This research is a normative legal research, using both a statutory and conceptual approach. The research results reveal that, in Indonesian state administrative law, a joint ministerial decree is included in the category of other types of legislation if it is based on the Law on the Formation of Legislation, so that even though the nomenclature used is "decision", if the material contains elements of restrictions and regulations, then it is categorized as a regulation. It may seem anomalous, but the legal basis is clear, that after the presence of Law Number 12 of 2011, the use of the nomenclature "decision" for a regulatory provision is no longer justified.
Legal Challenges in Multinational Corporate Governance: Perspectives of International Legal Universalism and Local Particularism Ahmad Fauzan; Siti Wahyuni
Journal of Legal Contemplation Vol. 2 No. 1 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i1.16

Abstract

Unlike prior studies that treat the universalism-particularism debate primarily as a theoretical dichotomy to be resolved, this article offers a distinctive contribution by integrating Lon Fuller’s procedural natural law theory with Franz and Keebet von Benda-Beckmann’s theory of legal pluralism into a unified normative-doctrinal framework for analyzing multinational corporate governance. The main challenge faced by multinational companies is how they can navigate the tension between the perspective of international legal universalism, which demands consistency and uniformity, and the reality of legal particularism inherent in each jurisdiction. This study aims to answer the question of how multinational companies respond to the legal challenges arising from the intersection between the principles of international legal universalism and local legal provisions in various jurisdictions. This research is normative doctrinal legal research with statutory and conceptual approach. This study shows that MNCs' responses to global legal complexity involve dynamic strategies of convergence and divergence. Facing the dilemma between universalism and particularism, MNCs actively balance demands for uniform global governance standards with the need to adapt to cultural norms and values, as well as local legal systems. Convergence efforts are evident in the adoption of international best practices and centralized compliance frameworks, driven by the need to attract investors and maintain reputations. However, divergence occurs when MNCs must adapt their practices to local cultures, institutions, and even informal norms, often presenting challenges for local managers.  
Freedom of Expression and Its Implications for Citizens' Constitutional Rights Following Constitutional Court Decision No. 36/PUU-XX/2022 Eza Tri Yandy; M. Al Fathoni; Sayuti; Tri Endah Karya Lestiyani
Journal of Legal Contemplation Vol. 2 No. 1 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i1.17

Abstract

The judicial review of Law No. 11 of 2008, as amended by Law No. 19 of 2016, to the Constitutional Court was filed by twenty-nine content creators as petitioners, who felt that their constitutional rights had been violated by the enactment of Article 27 paragraph 3 and Article 28 paragraph (2) of the Electronic Information and Transactions Law, as they often give rise to multiple interpretations and are not in accordance with democratic principles in the concept of the rule of law. The purpose of this study is to determine how freedom of expression is regulated in the Indonesian legal system and its implications following Constitutional Court Decision Number 36/PUU-XX/2022. The method used in this study is normative legal research with a case approach. After analyzing the data sources obtained, this study concludes that in the context of the rule of law, freedom of expression is a fundamental right possessed by every individual and recognized universally. In a constitutional state, this freedom is guaranteed by the Constitution, as stated in Article 28E paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Freedom of expression serves to monitor and criticize those in power, maintain accountability, and encourage innovation and social progress. In addition, the Constitutional Court's decision has caused harm and/or negative impacts on democracy in Indonesia, including a decline in the democracy index, legal uncertainty, and losses in implementation.
The Financial Services Authority’s Market Conduct Supervision and Consumer Protection within Non-Bank Muhammad Joddy AT Hasan; Muhamad Taufik La Ode
Journal of Legal Contemplation Vol. 2 No. 1 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i1.18

Abstract

This research aims to analyze the regulatory and supervisory role of the Financial Services Authority (OJK) concerning consumer protection in the Non-Bank Financial Institution (NBFI) sector. The rapid growth of NBFIs carries complex legal risks, particularly regarding unethical collection practices and the use of unbalanced standard agreements. Using a normative legal research method with statutory and conceptual approaches, this study examines the legal certainty and normative implications of the implementation of Law Number 21 of 2011 and OJK Regulation (POJK) Number 22 of 2023. The main findings indicate an operational ambiguity regarding the definition of consumer "bad faith" in Articles 6 and 99 of POJK No. 22 of 2023, which remains multi-interpretable despite the provided explanations. This vague norm creates legal uncertainty and provides excessive discretion to business actors, thereby weakening the consumer's bargaining position in financial service disputes. The results conclude that strengthening consumer protection requires the formulation of concrete behavioral indicators within the regulatory framework to close the gap of subjectivity for both regulators and business actors.
Assumptions of Objective Reality in Logical Positivism Sutanto; Abul Hasan Seknun
Journal of Legal Contemplation Vol. 2 No. 1 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i1.19

Abstract

Logical positivism, as a 20th-century philosophical movement, posits that legitimate scientific knowledge can only be acquired through empirical verification and logical reasoning, while claims that cannot be tested or verified are considered meaningless. A central assumption in logical positivism is the concept of objective reality, which asserts that the external world exists independently of human subjectivity and can be understood through observation and scientific laws that are verifiable. This article explores the foundational assumptions regarding objective reality within logical positivism, focusing on the contributions of key figures such as Rudolf Carnap, Moritz Schlick, and A.J. Ayer. These philosophers argued that the physical world operates according to universal laws that can be verified through structured scientific methods. However, logical positivism has faced criticism, particularly concerning the principle of verificationism and its inability to accommodate the complexities of scientific theories that are not always directly verifiable. Critics such as Karl Popper and Willard Van Orman Quine have raised important questions about the relationship between theory, observation, and objective reality in science. Overall, while logical positivism has laid a significant foundation for modern scientific thought, it also faces profound challenges related to the limitations of verification theory and scientific objectivity.

Page 2 of 2 | Total Record : 20

 1   2 

Filter by Year

2025 2026


Reset
Filter By Issues
All Issue Vol. 2 No. 1 (2026): Journal of Legal Contemplation Vol. 1 No. 3 (2025): Journal of Legal Contemplation Vol. 1 No. 2 (2025): Journal of Legal Contemplation Vol. 1 No. 1 (2025): Journal of Legal Contemplation