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Abdul Kadir Jaelani
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Contrarius
Published by Lembaga Contrarius Indonesia
ISSN : 30909309     EISSN : 31090931     DOI : https://doi.org/10.53955/contrarius.v1i3
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
Contrarius focuses on administrative law at global, national, regional, and local levels worldwide. The journal addresses specific issues on tax law, consumer protection law, environmental law, medical law, spatial law, labour law, agrarian law, transportation law, mining law, energy law, administrative, and legal justice. Contrarius publishes peer-reviewed while increasing the efficiency of the process. In addition, Contrarius also covers legal research in constitutional law with specific topics such as separation of powers and procedural due process, the structure and workings of the various agencies, procedural requirements for adjudication and rulemaking, enforcement discretion, methods of enforcement, government tort liability, freedom of information, and state finance. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Implications of Agricultural Land Conversion for Sustainable Food Security: Evidence from Vietnam Irene Vera Purba; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko; Anurat Anantanatorn
Contrarius Vol. 1 No. 1 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i1.79

Abstract

Agriculture, as the primary source of food, is increasingly threatened by land-use conversion driven by urbanization, industrial expansion, and economic transformation—particularly in agrarian countries such as Indonesia and Vietnam. This research aims to analyze the patterns and driving factors behind agricultural land conversion in both countries, assess its impact on sustainable food security, and formulate appropriate policy solutions. Employing a normative legal approach combined with policy analysis, this study draws on primary and secondary data, including legal frameworks, academic literature, and national policies. The findings reveal three key insights. First, land-use change is predominantly driven by institutional weaknesses, legal ambiguities, and a pragmatic legal culture that fails to adequately safeguard agricultural land. Second, both countries exhibit similar trends in the conversion of productive farmland to non-agricultural uses, leading to reduced food land availability, ecological degradation, and socio-economic disruptions for farming communities. Third, a policy reconstruction is urgently needed—one that involves harmonized and enforceable regulations, institutional strengthening, and participatory economic mechanisms to ensure land protection. In conclusion, the study emphasizes the critical need for integrated and sustainable policy frameworks to maintain food security, promote environmental sustainability, and uphold social justice in the Southeast Asian region.
Land Procurement for Infrastructure Projects under the Job Creation Law Abdul Kadir Jaelani
Contrarius Vol. 1 No. 1 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i1.80

Abstract

Indonesia has enacted a regulation on land acquisition for public purposes through the Job Creation Law, aiming to accelerate infrastructure development. However, a critical question arises as to whether the law effectively ensures justice for the affected communities. This study aims to analyze the legal implications of the Job Creation Law on land procurement for infrastructure projects, with a particular focus on its ability to balance public interest and individual rights. Employing normative legal research, this study is based on the analysis of secondary data, including primary, secondary, and tertiary legal materials. The findings reveal that while the regulation provides a legal framework for land acquisition with compensation mechanisms, it often leads to disputes between the government and affected communities due to conflicting interests. Furthermore, several challenges hinder the implementation of land acquisition, such as incomplete planning documents, inadequate permits, and inconsistencies in development plans. In conclusion, although the law promotes development, its implementation must be improved to better ensure fairness, legal certainty, and public justice.
Justice A Legal Analysis of Medical Marijuana Regulation Bambang Sugeng Rukmono; Sandi Yudha Prayoga
Contrarius Vol. 1 No. 1 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i1.81

Abstract

Indonesia currently prohibits marijuana under its classification as a Category I narcotic, which disallows any form of medical use. However, various studies have shown that marijuana can potentially treat up to 36 different diseases. This research aims to analyze the appropriate regulatory model for medical marijuana based on the principle of justice as rooted in Pancasila. The study adopts a normative legal research method, relying on secondary data comprising primary, secondary, and tertiary legal materials. The findings reveal three key points. First, current legal provisions in Indonesia do not specifically regulate the use of marijuana for medical purposes, and existing regulations address narcotics only in general terms. Second, global research, including positions taken by the World Health Organization and the United Nations, supports the medical benefits of marijuana, yet the Indonesian government maintains a restrictive stance. Third, legalizing medical marijuana could be achieved through revising the Narcotics Law and removing marijuana from the list of Category I narcotics. In conclusion, the development of a regulatory model for medical marijuana based on Pancasila justice requires balancing scientific evidence, legal reform, and ethical considerations in public health policy.
Restorative Justice as a Policy Approach to Traffic Crime Resolution in Indonesia Ketut Sukewati Lanang Putra Perbawa; Paul Atagamen Aidonojie
Contrarius Vol. 1 No. 1 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i1.82

Abstract

Traffic crimes in Indonesia have shown a consistent increase, often leading to material damage, physical injury, and loss of life. The conventional criminal justice system, which predominantly emphasizes retributive punishment, has proven insufficient in addressing the underlying causes of traffic offenses and in delivering substantive justice for both victims and offenders. In light of these challenges, restorative justice offers a promising alternative approach that prioritizes reconciliation, offender accountability, and the restoration of social harmony. This research aims to examine the urgency and feasibility of adopting restorative justice as a policy framework for resolving traffic crimes in Indonesia. Employing normative legal research methods, the study is based on secondary data derived from statutory regulations, legal literature, and doctrinal analysis. The results indicate that Indonesian traffic law does not yet explicitly incorporate restorative justice principles, despite their proven effectiveness in other jurisdictions for handling minor and non-violent offenses. Practices such as mediation and victim-offender dialogue have demonstrated success in reducing recidivism and enhancing victim satisfaction. The study concludes that integrating restorative justice into traffic crime resolution could reduce case backlogs, restore community trust in the legal system, and promote a more compassionate, efficient approach to justice. Comprehensive legal reform and institutional readiness are essential for effective implementation.
The Role of the Anti-Corruption Commission Supervisory Board in Institutionalizing Accountability Reza Octavia Kusumaningtyas; Ong Argo Victoria
Contrarius Vol. 1 No. 1 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i1.83

Abstract

The Supervisory Board of Indonesia’s Corruption Eradication Commission (KPK) holds significant potential to strengthen ethical standards and prevent the abuse of power. However, its effectiveness remains hindered by persistent issues, particularly concerning its independence, transparency, and vulnerability to political interference. This study aims to evaluate the role of the Supervisory Board in institutionalizing accountability and compares its framework with the supervisory model adopted by the Malaysian Anti-Corruption Commission (MACC), which is known for its inclusive and multi-layered oversight structure. Employing a normative legal research method, this study integrates a qualitative approach, comparative legal analysis, review of relevant literature, and a case study of the MACC’s supervisory system. The findings reveal that Malaysia’s model, which incorporates multiple independent oversight bodies and encourages public participation, promotes stronger accountability and transparency. In contrast, the centralized nature of the KPK Supervisory Board, which places significant control within the executive branch, raises concerns over potential political intervention and conflicts of interest. The study concludes that to function effectively as a credible accountability mechanism, the KPK Supervisory Board requires institutional reform. Enhancing its structural independence and transparency is essential to ensuring its role in the sustainable fight against corruption in Indonesia.
Achieving National Health Insurance in Indonesia: Policies and Challenges Ahmad Dwi Nuryanto; Turdialiev Mukhammad Ali Polatjon Ogli
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.208

Abstract

The regulation of contributions within Indonesia’s National Health Insurance scheme (Jaminan Kesehatan Nasional, JKN) continues to generate significant debate because it does not adequately embody the constitutional values of justice and social welfare. Health constitutes a fundamental human right and a core indicator of societal well-being that the state must actively guarantee. This study aims to analyze the fairness of JKN contribution policies, particularly their impact on independent Class III participants, and to evaluate the alignment of existing regulations with the state’s constitutional obligations. The research applies a normative juridical method, complemented by conceptual, philosophical, and systemic legal analysis, through the examination of statutory instruments and legal doctrines. The findings demonstrate that current JKN contribution regulations exhibit substantial deficiencies in legal substance, legal structure, and legal culture, as well as in their philosophical, sociological, economic, and normative foundations. These deficiencies cause an unequal distribution of financial burdens and place disproportionate pressure on participants with limited economic capacity. The study argues that policymakers must reconstruct the JKN contribution framework by positioning the state as the primary guarantor of public health insurance rather than merely an administrative regulator. The study concludes that recalibrating contribution levels, strengthening government subsidies, and reformulating regulations based on principles of humanity, utility, and social justice are essential to ensuring equitable, sustainable, and constitutionally grounded health insurance protection for all citizens.
Legal Protection of Coastal Community Land Tenure Rights Anis Mashdurohatun; Abdul Hanis Embong
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.209

Abstract

Indonesia has established numerous legal frameworks governing land ownership and land use in coastal areas; however, ineffective enforcement, overlapping institutional authorities, inconsistent regional implementation, and limited protection of community rights continue to undermine their effectiveness. This study examines the regulation and management of land tenure rights for coastal communities and identifies normative weaknesses that generate legal uncertainty and social injustice. The research applies a normative juridical method, employing statutory, conceptual, and comparative approaches, with a focused comparison on the Philippine legal framework. The findings reveal that unequal access to land, fragmented institutional authority, and the dominance of a legalistic-positivist regulatory paradigm actively marginalize coastal communities, particularly indigenous peoples, and expose them to a heightened risk of displacement. By contrast, the Philippines adopts an integrated and participatory legal approach that positions coastal and indigenous communities as primary stakeholders in natural resource governance through constitutional recognition, public land regulation, indigenous rights protection, and fisheries management. This framework strengthens community participation through community-based coastal resource management and promotes shared responsibility for ecosystem sustainability. The study concludes that Indonesia must reform its coastal land tenure regulations by adopting a rights-based and participatory legal approach that enhances legal certainty, advances social justice, and ensures a balanced relationship between environmental protection and the socio-economic sustainability of coastal communities.
Injustice in Indonesia’s Legal Protection Framework for Outsourced Workers Iswantoro Iswantoro; Tajudeen Sanni
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.210

Abstract

This study analyzes the regulatory weaknesses in the legal protection of outsourced workers in Indonesia, particularly in relation to the fulfillment of justice as mandated by Pancasila and the 1945 Constitution of the Republic of Indonesia. The enactment of Law Number 11 of 2020 on Job Creation has significantly altered the orientation of labor law, shifting it toward economic efficiency and investment facilitation. This shift has resulted in the erosion of normative labor protections and increased vulnerability of outsourced workers, manifested in job insecurity, unequal bargaining power, limited social security coverage, and insufficient welfare guarantees. The primary objective of this research is to evaluate the extent to which existing labor regulations fail to embody substantive justice and to formulate a normative framework for reconstructing labor law in accordance with constitutional values. This study employs an empirical juridical research method with a socio-legal approach, integrating doctrinal legal analysis with empirical data to assess the interaction between legal norms and labor practices. The findings demonstrate that the current regulatory framework prioritizes labor market flexibility over worker protection, leading to structural injustice and normative inconsistencies within the industrial relations system. The study concludes that a comprehensive reconstruction of labor law is necessary through reforms in legal structure, legal substance, and legal culture, grounded in the principles of social justice, humanity, and public welfare, in order to ensure substantive justice and constitutional compliance in the protection of outsourced workers in Indonesia.
Reform of Peer-to-Peer Lending Consumer Protection Legislation and Dispute Resolution Ariawan Ariawan; Gulyamov Said Saidaxrarovich; Naeem Allahrakha
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.211

Abstract

The rapid growth of peer-to-peer (P2P) lending financial technology services in Indonesia has contributed significantly to expanding financial inclusion and improving economic efficiency. However, this development has simultaneously generated complex legal challenges, including violations of personal data protection, unethical debt collection practices, and the widespread operation of illegal fintech platforms. This study aims to examine the adequacy of the existing legal framework in providing effective consumer protection within the P2P lending sector and to assess its alignment with the principles of justice, legal certainty, and consumer rights protection. The research employs a normative juridical method, utilizing statutory and conceptual approaches to analyze relevant regulations governing fintech services in Indonesia. The findings reveal that current regulatory instruments demonstrate the state’s commitment to safeguarding consumers and ensuring fair digital financial practices. Nevertheless, the effectiveness of these regulations remains limited due to insufficient regulatory supervision, low levels of digital financial literacy among consumers, and persistent enforcement gaps against illegal fintech operators. This study concludes that consumer protection in P2P lending requires a more substantive justice-oriented approach through strengthened supervisory mechanisms, enhanced legal and digital financial education, and improved coordination among regulatory and law enforcement institutions. Such measures are essential to ensure that fintech innovation develops in a balanced manner, upholds consumer rights, and remains consistent with the principles of the Indonesian rule of law and the foundational values of Pancasila.
Reforming Tax Object Sales Value Regulation for Equitable Regional Revenue Fatma Ulfatun Najicha; Maya Khater
Contrarius Vol. 1 No. 2 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i2.212

Abstract

The accurate determination of the Selling Value of Taxable Objects is a crucial component in establishing a fair, transparent, and accountable regional taxation system, particularly in the collection of land and building acquisition fees. However, the regulatory framework governing the determination of the Selling Value of Taxable Objects in Indonesia continues to encounter substantive legal and administrative challenges. This study aims to identify regulatory and institutional weaknesses in the current valuation system and to formulate a legal reform framework capable of ensuring fairness, transparency, and administrative efficiency. This research adopts a normative juridical method, employing statutory and conceptual approaches based on the analysis of secondary legal materials. The findings demonstrate, first, the absence of explicit legal standards that clearly position the Selling Value of Taxable Objects as a state administrative decision, resulting in inconsistencies and legal uncertainty in its application. Second, significant discrepancies persist between officially determined values and actual market transaction prices, leading to frequent objections from taxpayers and diminishing public trust. Third, the supervisory and preventive role of Land Deed Officials remains limited, thereby enabling the manipulation of transaction values and weakening tax compliance. This study concludes that comprehensive regulatory reform is necessary through the periodic updating of transaction data, the implementation of zoning-based valuation systems, strengthened supervisory mechanisms and sanctions, and the integration of digital technologies, including Geographic Information Systems and big data analytics. Such reforms are essential to enhance legal certainty, ensure equitable taxation, and optimize regional revenue generation.

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