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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 5 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2025): Contrarius" : 5 Documents clear
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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