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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 25 Documents
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Analysis of the Interpretation of the Constitutional Court Judge on the Decision on the Separation of General and Regional Elections Muadin; Herwansyah
Journal of Legal Contemplation Vol. 2 No. 2 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i2.21

Abstract

The Constitutional Court, through Decision No. 135/PUU-XXII/2024, introduced a new electoral system by separating national elections from regional elections, with the stated aim of improving the quality of elections and reducing voter fatigue. However, this decision has sparked serious constitutional debate. The purpose of this study is to critically analyze the interpretive approach adopted by the justices of the Constitutional Court and to assess its conformity with Article 22E and Article 24C of the 1945 Constitution. This study employs a normative legal research method, using jurisprudential and juridical approaches, supported by primary, secondary, and tertiary legal sources. This study found that the Constitutional Court adopted a purpose-oriented and dynamic approach to constitutional interpretation, rather than a strict textual interpretation of Article 22E of the 1945 Constitution. This interpretive approach effectively transformed the Court’s role from that of a “negative legislator” to that of a norm-setting institution through the redesign of Indonesia’s electoral system. The findings also indicate that the decision reflects judicial activism that exceeds constitutional boundaries in the review of laws, thereby raising concerns regarding the abuse of constitutional authority and the principle of separation of powers. This study also found that efforts to improve the quality of elections should focus on institutional reform and electoral governance, rather than on constitutional amendments through judicial interpretation. Finally, this study can make an academic contribution by developing parameters to assess whether a Constitutional Court decision still constitutes constitutional interpretation or has evolved into constitutional norm-making.
The Validity of Loan-Use Agreements on Land Rights Certified by a Notary Rizki Dwi Saputra Abdul Rahman; Abdul Ismail
Journal of Legal Contemplation Vol. 2 No. 2 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i2.22

Abstract

Based on Article 15 paragraph (2) of the Notary Law, notaries have the authority to perform waarmerking, which is to record handwritten letters in a special book. This authority aims to provide certainty of the date and register documents so that they are officially documented by the state, even though it does not change the status of the document to an authentic deed. This research departs from a legal phenomenon in the city of Ternate, where there is a Land Use and Management Agreement that was made privately and then registered with a notary. The uniqueness of this case lies in the legal subjects who signed the agreement, whereby the same person acted in two different legal capacities. This normative legal study evaluates two crucial aspects. First, regarding the validity of the agreement. Legally, even though it was made privately and only through a waarmerking process, the agreement is still considered valid as long as it meets the four objective and subjective requirements in Article 1320 of the Civil Code: agreement, competence, specific object, and lawful cause. The presence of a legal subject in a dual capacity is still considered valid as long as they have the authority to represent according to the articles of association of the company or partnership. Second, regarding evidentiary strength. Unlike authentic deeds, which automatically have extrinsic, formal, and material evidentiary strength, handwritten documents that have been waarmerking have perfect evidentiary strength.
Freedom of Association as a Pillar of The Democratic Rule of Law: A Normative Study of The ICCPR 1966 and Indonesian Law Fatma Faisal; Syawal Amirul Syah
Journal of Legal Contemplation Vol. 2 No. 2 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i2.23

Abstract

Freedom of association is a fundamental civil and political right that constitutes an essential component of a democratic state governed by the rule of law. This article examines the legal status of freedom of association within the framework of the International Covenant on Civil and Political Rights (ICCPR) 1966 and evaluates the extent to which Indonesian law complies with international human rights standards. The study employs normative legal research using statutory and conceptual approaches, supported by an analysis of relevant international human rights instruments and Indonesian constitutional and legislative provisions. The findings indicate that Article 22 of the ICCPR recognizes freedom of association as a fundamental right whose restriction is permissible only when it satisfies the cumulative requirements of legality, legitimate aim, necessity, and proportionality in a democratic society. Although Indonesia has constitutionally protected this right through Article 28E (3) of the 1945 Constitution and ratified the ICCPR through Law No. 12 of 2005, several regulatory and administrative practices continue to create inconsistencies with international standards. The originality of this study lies in developing an integrated normative framework that positions freedom of association not only as an individual human right but also as a constitutional principle supporting democratic governance under the rule of law. By systematically connecting Article 22 of the ICCPR with Indonesia's constitutional structure, this research offers a new analytical perspective on the harmonization of international human rights obligations and domestic constitutional law, while providing normative guidance for future legal reform aimed at strengthening democratic constitutionalism in Indonesia.
Structural Victimization in Mining Downstreaming Policies Arisa Murni Rada; Sannia Aziz
Journal of Legal Contemplation Vol. 2 No. 2 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i2.25

Abstract

The mining downstreaming policy, which is justified as a means to transform Indonesia into a developed and self-reliant nation, needs to be examined from various perspectives. Theoretically, the national economy will grow, and the people will become more prosperous. However, in practice, this policy creates structural and systematic injustices. The objective of this study is to identify the mechanisms and structures that lead to structural victimization within mining downstreaming policies at the regional level. This study is a socio-legal study that views law more in terms of context than text, in the sense that it places the understanding and enforcement of law in conjunction with the social sciences. This approach is used to analyze how law, in the form of policies and regulations, can produce structural injustice or harm. The findings were then analyzed using descriptive-qualitative methods. The results of the study revealed complex and systematic structural injustices occurring in communities surrounding the mine as a result of the mining downstreaming policy.  Structural victimization manifests itself in economic inequality, environmental exploitation, exclusive decision-making, socio-cultural shifts within the community, as well as disparities in political power and influence. This study offers a critical perspective calling for policy reforms oriented toward social justice, environmental protection, and sustainability.
Breach of Contract in Electronic Agreements in the Digital Era: An Indonesian Civil Law Perspective Suwarti; Muhammad Ridho Al Fatir
Journal of Legal Contemplation Vol. 2 No. 2 (2026): Journal of Legal Contemplation
Publisher : Candela Edutech Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63288/jlc.v2i2.24

Abstract

Rapid advances in information and communication technology have fundamentally transformed legal relationships in various forms of digital transactions. While electronic contracts offer greater efficiency, flexibility, and convenience, they also give rise to increasingly complex legal issues, particularly those related to breaches of contractual obligations in the digital ecosystem. This study examines the various forms of breach of contract in electronic agreements in the digital era and evaluates the legal protection available to contracting parties under Indonesian civil law. Employing a normative legal research method, the study applies statutory, conceptual, and analytical approaches. The analysis is based on primary, secondary, and tertiary legal materials collected through library research and examined using a qualitative-descriptive approach. The findings demonstrate that breaches of contract in electronic agreements retain the fundamental characteristics of conventional contractual breaches, including non-performance, delayed performance, defective performance, and conduct inconsistent with contractual obligations. Nevertheless, the increasing complexity of digital transactions has broadened the potential scope of contractual breaches due to the involvement of digital platforms, electronic system providers, payment service providers, and other technological intermediaries. Indonesian civil law, together with legislation governing electronic transactions, establishes both preventive and repressive mechanisms for legal protection. However, significant challenges remain regarding electronic evidence, the allocation of legal responsibility, dispute resolution, and the enforcement of judicial decisions. Accordingly, strengthening the regulatory framework, promoting legal harmonization, and developing adaptive dispute resolution mechanisms are essential to enhancing legal certainty and ensuring effective legal protection within Indonesia's digital transaction ecosystem.

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