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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 5 Documents
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Search results for , issue "Vol. 1 No. 3 (2025): Contrarius" : 5 Documents clear
Regulations on Criminal Sanctions for Bribery in Corruption Cases Muhammad Rustamaji; Shalih Mangara Sitompul; Wan Mohd Khairul Firdaus
Contrarius Vol. 1 No. 3 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i3.213

Abstract

Corruption, particularly in the forms of bribery and extortion, remains a persistent problem within Indonesia’s social, political, and bureaucratic systems. Despite the existence of a comprehensive Anti-Corruption Law and related regulations, law enforcement authorities continue to encounter structural, substantive, and legal-cultural challenges in combating corruption effectively. This study aims to analyze the governance of criminal penalties in corruption cases, with a specific focus on extortion-related offenses. The research employs a normative legal method, utilizing legislative, comparative, and philosophical approaches to assess the coherence and effectiveness of existing legal norms. The findings demonstrate, first, that Articles 5, 6, and 12B of the Anti-Corruption Law contain overlapping legal elements, resulting in ambiguity in distinguishing between bribery and gratification and undermining the principles of legal certainty, clarity, and strict interpretation of criminal law. Second, the absence of clear normative boundaries has contributed to inconsistent law enforcement practices and unequal application of criminal sanctions. Third, a comparative analysis indicates that Malaysia has achieved greater regulatory coherence and institutional effectiveness through comprehensive legal reforms, particularly under the Malaysian Anti-Corruption Commission Act 2009, which aligns with international anti-corruption standards. This study concludes that legal reform in Indonesia should prioritize the harmonization of provisions on bribery and gratification, the clarification of corporate criminal liability, the strengthening of institutional independence, and enhanced inter-institutional coordination to achieve more effective, integrated, and targeted anti-corruption law enforcement.
Legal Protection of Workers’ Rights in Indonesia’s Tobacco Industry Fithriatus Shalihah; Andre Wijaya Laksana; Rajali H. Aji
Contrarius Vol. 1 No. 3 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i3.214

Abstract

Workers in the tobacco industry face significant legal and occupational safety challenges due to continuous exposure to hazardous chemicals, tobacco dust, and work-related diseases that often remain undetected at early stages. In Indonesia, existing occupational safety and health regulations adopt a general regulatory approach, lack sector-specific standards, and rely on weak supervisory and enforcement mechanisms. This study aims to formulate a sectoral technical regulatory model that specifically governs the control of tobacco dust and chemical exposure in the production process. It also seeks to design an integrated supervisory framework involving multiple institutional actors to enhance accountability and enforcement effectiveness, and to develop a legal culture approach that promotes sustained occupational safety awareness within the cigarette industry. This research applies a normative legal method using statutory and conceptual approaches to analyze the adequacy of the current regulatory framework. The findings demonstrate, first, that Indonesia’s legal protection for tobacco industry workers remains inadequate due to general occupational safety and health regulations, limited supervision, and low levels of legal awareness among workers. Second, comparative analysis shows that countries such as Singapore, Germany, and Japan ensure stronger worker protection through binding sector-specific regulations and effective enforcement systems. Third, this study finds that effective protection for tobacco industry workers requires the adoption of sector-specific occupational safety and health standards, the implementation of integrated multi-actor supervision, and the strengthening of safety culture through structured training programs and secure reporting mechanisms. This study concludes that comprehensive regulatory reform is necessary to ensure effective legal protection and occupational health security in the tobacco industry.
Legal Protection of Doctors in the Handling of Medical Emergencies Ni Luh Gede Astariyani; Julio de Araujo da Silva
Contrarius Vol. 1 No. 3 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i3.215

Abstract

The legal relationship between doctors and patients in medical emergency situations gives rise to complex consequences in terms of professional liability. In practice, doctors who have complied with professional standards and established operational procedures frequently face civil, criminal, or disciplinary claims when treatment outcomes fail to meet patients’ or their families’ expectations. This condition reflects the fragility of legal protection for doctors in Indonesia, as existing regulations have not yet been constructed upon a substantive conception of justice. This study aims to examine the underlying causes of the absence of just legal protection for doctors, to identify weaknesses in the substance, structure, and legal culture of health law, and to formulate a reconstruction of legal norms based on the value of dignified justice. Using a qualitative research design, this study employs a doctrinal (normative) legal research method through statutory analysis and a review of health law doctrines and relevant legal literature. The findings reveal that, first, the legal framework governing medical emergency services in Indonesia remains insufficiently grounded in justice-based values, resulting in normative ambiguity and disproportionate legal exposure for doctors acting in good faith and in accordance with professional standards. Second, overlapping authority among ethical, disciplinary, and criminal law institutions generates structural weaknesses that create legal uncertainty and subject doctors to multiple accountability mechanisms for a single medical action. Third, the prevailing legal culture tends to equate adverse medical outcomes with malpractice, rather than recognizing inherent medical risks and emergency constraints, thereby reinforcing a punitive orientation toward medical professionals. This study concludes that regulatory reconstruction grounded in the value of dignified justice is necessary to ensure proportional and fair legal protection for doctors in medical emergency services.
Why Sustainable Development Fails Without Ethical Public Governance Policies? Resti Dian Luthviati; Nikolas Wicaksono Prakoso Putro; Dhika Sri Anggrahini
Contrarius Vol. 1 No. 3 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i3.216

Abstract

Environmental, social, and governance principles have increasingly shaped contemporary approaches to corporate governance and sustainable development, reflecting heightened demands for ethical conduct, accountability, and long-term value creation. However, the effectiveness of these principles remains contingent upon the quality of public governance and regulatory coherence. This study aims to analyze the role of ethical public governance in supporting the implementation of environmental, social, and governance principles as an instrument for achieving sustainable development objectives. The research employs a normative juridical method, examining statutory frameworks, principles of administrative law, and governance policies related to corporate responsibility and sustainability. The findings demonstrate that the absence of specific and coherent regulatory frameworks, coupled with weaknesses in administrative accountability and ethical governance, significantly undermines the consistency and effectiveness of environmental, social, and governance implementation. The study further finds that corporations with clearly articulated values, strategic vision, and institutional capacity are better positioned to integrate sustainability into long-term governance frameworks, particularly through corporate social responsibility programs. In this context, higher education initiatives emerge as a strategic form of corporate social responsibility, contributing to the development of sustainability-oriented leadership and innovation. The study concludes that ethical public governance constitutes a fundamental prerequisite for aligning corporate governance practices with sustainable development goals, and that strengthened administrative frameworks are essential to ensure durable and meaningful sustainability outcomes.
The Impact of Tourism Villages Regulations to Achieve Sustainable Villages Tourism Abdul Kadir Jaelani; Dinda Aprilia; Bobur Sobirov; Erkinboy Rakhimovich Abdullaev
Contrarius Vol. 1 No. 3 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i3.217

Abstract

Tourism constitutes a concurrent governmental function in Indonesia, whereby regional governments are vested with the authority to regulate and manage tourism development, including the governance of tourist villages. Despite the incorporation of sustainable tourism principles into national legislation as a means of supporting the Sustainable Development Goals (SDGs), particularly through the integration of economic, environmental, social, and cultural considerations, legal scholarship remains limited in critically examining the effectiveness of their implementation at the regional level. This gap is especially evident in the context of forest-based tourist villages. This study aims to examine the implementation of sustainable tourism principles as stipulated in national legislation in the management of tourist villages located within forest areas of Karanganyar Regency and to analyze the implications of such implementation for social, economic, cultural, and environmental dimensions. This research employs a normative legal research method, focusing on the analysis of statutory regulations, legal doctrines, and relevant policy instruments, and adopts a prescriptive analytical approach. The findings demonstrate, first, that the existing normative framework governing sustainable tourist village management has contributed to local economic development and is aligned with Sustainable Development Goal (SDG) 8 concerning decent work and economic growth. Second, the study finds that significant deficiencies persist in practical implementation, particularly with regard to environmental management and the enforcement of tourism regulations. Third, these deficiencies indicate a structural disparity between normative legal objectives and their realization in practice, reflecting weaknesses in regional governance and institutional coordination. The study concludes that regulatory refinement and strengthened governance mechanisms are necessary to ensure legally consistent, environmentally sustainable, and socially inclusive tourist village management in forest areas.

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