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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 30 Documents
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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.
Economic Justice as a Legal Strategy for Countering Terrorism in Nigeria: Learning from the United Kingdom Experience Aidonojie, Paul Atagamen; Eregbuonye, Obieshi; Okpoko, Mercy Osemudiame; Hassan, Ismaila; Inagbor, Micheal
Contrarius Vol. 2 No. 1 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i1.226

Abstract

Nigeria continues to prioritise military intervention as the principal response to terrorism; however, persistent violence indicates that structural socio-economic inequalities, unemployment, and regional marginalisation sustain conditions conducive to radicalisation. In contrast, the United Kingdom integrates economic justice within its legal and policy framework, thereby complementing security measures with socio-economic regulation. This study analyses the role of economic justice as a lawful and sustainable counter-terrorism strategy through a comparative examination of the United Kingdom and Nigeria. This research aims to evaluate the legal basis for implementing economic justice measures in counterterrorism and to assess their relevance for long-term peacebuilding in Nigeria. The study employs a doctrinal research method, systematically examining legislation, public policy instruments, and scholarly works using the PRISMA framework to ensure transparent and rigorous source selection. The findings demonstrate that, first, the United Kingdom establishes a normative and institutional framework that links welfare regulation and social protection to the prevention of violent extremism; second, it enforces financial accountability and regulatory oversight to limit structural grievances and disrupt potential channels of radicalisation; and third, Nigeria maintains a predominantly securitised counter-terrorism regime that lacks enforceable economic rights and targeted development legislation. The study concludes that Nigeria should reform its legal framework by embedding inclusive economic governance, strengthening institutional accountability, and codifying socio-economic rights as integral components of a sustainable counter-terrorism strategy.
Does Indonesian Bankruptcy Law Protection for Curators in Bankruptcy? Nuryanto, Ahmad Dwi; Bosha Ahmed , Mohammed AlHadi Ibrahim
Contrarius Vol. 2 No. 1 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i1.258

Abstract

A curator is someone who is appointed by the court to manage and organize the bankruptcy assets of the debtor in carrying out his duties must be in accordance with applicable laws and regulations. When carrying out their duties, curators must be independent and have no conflict of interest with either the debtor or creditors as stipulated in the provisions of Article 15 paragraph 3 of Law Number 37 of 2004. For this reason, the following problems can be formulated, why the burden of the curator's performance in carrying out the bankruptcy estate needs legal protection for the curator, what are the inhibiting factors or threats to the curator in the bankruptcy estate and how to reconstruct the regulation of legal protection of the curator in carrying out the bankruptcy estate. The writing of this dissertation aims to analyze and find the burden of the curator's performance in carrying out the administration of bankruptcy property needs legal protection for the curator, to analyze and find inhibiting factors or threats to the curator in the administration of bankruptcy property, to analyze and find the reconstruction of legal protection for the curator in carrying out the administration of bankruptcy property in order to realize justice-based sustainability. This type of research used is normative legal research, namely legal research conducted by breaking down legal issues and at the same time providing prescriptions. The research used is descriptive analytical. Thus, the need for immunity rights implicitly regulated in the law in order to protect curators in carrying out the administration of bankruptcy assets in order to create justice for all parties in bankruptcy. reconstruction of legal protection regulations for curators in carrying out the administration of bankruptcy assets is to add a new norm formulation to Article 69 of the Bankruptcy Law by strengthening the role of curators in the management and administration of bankruptcy assets, adding immunity rights and / or legal assistance by curator professional organizations and state institutions when curators are reported in suspected criminal acts.
Unprotected Land Ownership Rights in Corporate Land Acquisition Lego Karjoko; Nabila Rahma Safitri; Ravi Danendra
Contrarius Vol. 2 No. 1 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i1.261

Abstract

Land ownership conflicts in Indonesia frequently emerge in plantation regions when local communities cultivate land in fact while corporations assert formal legal control over the same land. This situation generates agrarian disputes that expose structural tensions between the formal land certification regime and long-established patterns of community land use. This study examines the philosophical orientation underlying judicial reasoning in adjudicating disputes concerning Land Use Rights held by PT Perkebunan Nusantara Persero and evaluates the degree of legal protection granted to communities that cultivate land without formal certificates. The research applies a normative legal method through statutory and case approaches. The study relies on primary and secondary legal materials gathered through systematic literature review and analyzes them using deductive reasoning and interpretative analysis. The findings demonstrate that judicial panels in five cases placed primary emphasis on formal legal certainty by prioritizing documentary evidence of title and by disregarding factual realities related to community cultivation. This approach directs adjudication toward procedural compliance and limits consideration of substantive justice and social utility. The analysis further shows that the legal system has not provided adequate protection for affected communities. Effective preventive protection requires clearer regulatory arrangements governing land control by communities and state-owned enterprises. Effective repressive protection requires judges to assess both formal documentation and material evidence in a balanced manner. The study concludes that current judicial practice has not achieved equitable legal protection for communities engaged in cultivated land use.
Consumer Dispute Resolution Decision Policies and Business Implications Rina Arum Prastyanti; Prattana Srisuk
Contrarius Vol. 2 No. 1 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i1.263

Abstract

Consumer disputes between business actors and consumers continue to challenge the effectiveness of Indonesia’s consumer protection framework, particularly in the implementation of arbitration mechanisms. Law Number 8 of 1999 concerning Consumer Protection formally mandates the Consumer Dispute Resolution Agency to adjudicate disputes, yet regulatory and institutional limitations hinder the optimal execution of arbitration-based decisions. This study examines and analyzes the regulatory framework governing the execution of arbitration in consumer dispute resolution, identifies its normative and structural weaknesses, and formulates a justice-oriented reconstruction of the relevant provisions. The research applies a constructivist paradigm and adopts a sociological juridical approach. It integrates normative legal analysis with empirical field data to assess how arbitration functions in practice. The study systematically organizes and qualitatively analyzes both primary and secondary data to produce a comprehensive evaluation of the existing regulatory model. The findings demonstrate substantive inconsistencies between consumer arbitration procedures and the broader arbitration regime, structural weaknesses within the institutional framework of dispute resolution bodies, and limited consumer awareness regarding legal rights. These deficiencies reduce legal certainty and weaken the effectiveness of arbitration outcomes. The study concludes that lawmakers must reconstruct specific statutory provisions, particularly those governing the execution of arbitral decisions, in order to strengthen institutional coherence, enhance legal certainty, and ensure justice in consumer dispute resolution.
Achieving Sustainable and Responsible Consumption Production Policy through Integrated Waste Management in Residential Areas Luthviati, Resti Dian
Contrarius Vol. 2 No. 1 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i1.266

Abstract

Effective and sustainable waste management constitutes a central component of environmental governance and public health protection, particularly in residential areas located along the administrative borders of Surakarta City. Border settlements frequently experience disparities in infrastructure provision, limited supervisory control, and uneven public service delivery, which collectively weaken the effectiveness of integrated waste governance. This study analyzes the implementation of the regional regulatory framework on integrated waste management in these peripheral residential areas and evaluates the institutional, regulatory, and socio legal constraints that affect its practical operation. The research applies a qualitative design grounded in empirical fieldwork. The study collects primary data through structured interviews with relevant stakeholders and analyzes the data using a normative and comparative approach. It compares Indonesia’s waste governance practices with selected international models implemented in Germany, Japan, and Singapore to identify transferable principles and institutional mechanisms that may strengthen local implementation. The findings demonstrate that the regulatory framework provides a systematic structure for integrated waste management; however, implementation gaps persist. Limited public awareness, inadequate waste processing facilities, and weak inter institutional coordination significantly hinder policy effectiveness, particularly in border residential zones. The study concludes that the government must intensify community engagement strategies, strengthen environmental education programs, and enhance cross sectoral collaboration to ensure the realization of sustainable and responsible waste management in border areas.

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