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INDONESIA
Journal of Contemporary Law Studies
ISSN : -     EISSN : 30308097     DOI : 10.47134/lawstudies
Core Subject : Social,
Journal of Contemporary Law Studies ISSN 3030-8097 is a comprehensive and systematic scholarly platform dedicated to advancing research and discourse in the field of contemporary law. This journal serves as a critical resource for legal scholars, practitioners, and policymakers, fostering a deeper understanding of evolving legal landscapes in the contemporary world. Legal Theory and Philosophy, International Law, Comparative Law, Human Rights and Social Justice, Environmental Law, Technology and Cyber Law, Corporate and Commercial Law, Criminal Law and Justice, Constitutional Law and Health Law and Ethics. Research Methodologies and Interdisciplinary Approaches: Encourages diverse research methodologies and interdisciplinary approaches to enhance the depth and breadth of legal scholarship. Submission Guidelines and Peer Review Process: The journal maintains rigorous submission guidelines and follows a robust peer-review process to ensure the quality and academic rigor of published articles. The Journal of Contemporary Law Studies is committed to contributing to the intellectual discourse surrounding contemporary legal issues and fostering a community of scholars dedicated to advancing legal knowledge.
Arjuna Subject : Umum - Umum
Articles 7 Documents
Search results for , issue "Vol. 1 No. 1 (2023): September-November" : 7 Documents clear
Alih Fungsi Lahan Persawahan Menjadi Perumahan di Kabupaten Jember Berdasarkan Peraturan Daerah Kabupaten Jember Nomor 1 Tahun 2015 Tentang Rencana Tata Ruang Wilayah Kabupaten Jember Tahun 2015-2035 Santoso, M. Iqbal Sun’an; Fitri, Icha Cahyaning
Journal of Contemporary Law Studies Vol. 1 No. 1 (2023): September-November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i1.1945

Abstract

Indonesia as an agricultural country is a country rich in agriculture. Land is a very important part of everyday life, the main function of land is as a place to live, apart from that land can be used for plantations, industry and many other uses such as social functions. As settlements become increasingly dense and more land is converted into housing and settlements, the amount of land is decreasing, the problems arising from land conversion activities are very worrying, so this case is very concerning. This research uses a statutory and conceptual approach with a normative juridical research type. The conversion of rice fields into housing in Jember Regency is based on Jember Regency Regional Regulation Number 1 of 2015 concerning Jember Regency Spatial Planning for 2015-2035. Jember Regency is one of the administrative regions of East Java Province. Most of the Jember Regency area is lowland, with an average land height of 83 meters above sea level and is an area that is quite fertile and very suitable for the development of agricultural commodities and plantations, so it is known as an area or food barn and a country's foreign exchange earner in the agricultural sector. East Java Province. However, agricultural land in Jember Regency has experienced many changes, characterized by increasingly narrow agricultural land. The narrowing of agricultural land in Jember Regency is due to housing construction which is increasing every year. The conversion of land in agricultural areas not only results in rice yields, but many other productions have to be sacrificed.
Analisis Hak-Hak Anak Pasca Perceraian Orangtua Menurut Undang-Undang Nomor 35 Tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak Pratama, Gilang Favian; Suryono, Ahmad
Journal of Contemporary Law Studies Vol. 1 No. 1 (2023): September-November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i1.1946

Abstract

Divorce cases in Indonesia increased again in 2019, reaching 480,618 cases, especially among Muslims. Since 2015, this number has increased every year. According to the latest data, as of early September 2022 there were 4,500 divorce cases submitted to the Jember Regency Religious Court (PA). Eighty percent of them are divorce applications submitted by wives, and the remaining twenty percent are submitted by husbands. Most of the problems faced by women, the majority of whom file lawsuits, are caused by economic factors. Additionally, the presence of third parties, domestic violence, and disagreements are some other justifications for divorce. Children become victims of divorce that occurs between their parents. Children's rights tend not to be fulfilled if their parents divorce. This research uses a statutory approach and a conceptual approach, with a normative juridical research type. There are several aspects that can be done so that children get their rights as stated in Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection, namely the aspects of Litigation and Non-Litigation. Soo to ensure the fulfillment of child support after divorce, this can be done by having binding regulations regarding the payment of child support, establishing an institution that focuses on paying child support, and involving the father's relatives in providing support.
Analisis Yuridis Manajemen Risiko dalam Pelaksanaan Bancassurance di Indonesia Berdasarkan Surat Edaran Otoritas Jasa Keuangan Nomor 33/SEOJK.03/2016 tentang Penerapan Manajemen Risiko pada Bancassurance Widhianti, Kris; Reykasari, Yunita
Journal of Contemporary Law Studies Vol. 1 No. 1 (2023): September-November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i1.1947

Abstract

The concept of bancassurance is that banks act as intermediaries in helping insurance companies reach their target customers with the aim of increasing market share. Financial Services Authority supervision of bancas-surance needs to be carried out. In reality, the implementation of bancassurance does not necessarily always comply with the Financial Services Authority Circular Letter Number 33/SEOJK.03/2016 and allows for future risks. The implementation of bancassurance allows for operational, legal and reputation risks. Risk management is carried out to avoid the possibility of these risks occurring. Therefore, the question arises about the role of the Financial Services Authority in mitigating the implementation of bancassurance in Indonesia. This research uses a statutory and conceptual approach with a normative juridical research type. The initial mitigation in implementing bancassurance is by selecting the right insurance company partner in accordance with the advantages and benefits for carrying out cooperation to the work plan and approval from the financial services authority as the supervisory institution. Banks are required to have written procedures to manage the risks inherent in bancassurance activities which include systems and procedures as well as authority; identification of all inherent risks; risk measurement and monitoring methods; accounting recording methods; analysis of legal aspects; and transparency of information to customers.
Analisis Yuridis Peran OJK dalam Melakukan Perlindungan Hukum Korban Pinjaman Online Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor 77/Pojk.1/2016 Mayrendra, Randika Theo; Suryono, Ahmad
Journal of Contemporary Law Studies Vol. 1 No. 1 (2023): September-November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i1.1948

Abstract

OJK is an independent institution that has the authority to regulate and supervise financial services activities in the banking sector, capital markets sector and non-bank financial industry (IKNB) sector. OJK itself was formed and based on the principles of good governance including independence, accountability, responsibility, transparency and fairness, which institutionally OJK is not part of the government's authority. The OJK institution itself was born with law no. 21 of 2011 concerning the OJK Institution which came into effect on January 1 2013, which has the authority to regulate and supervise financial institutions, especially banking in Indonesia, as stated in Law No. 21 of 2011 Article 5. On October 20 2021, the online loan case went viral. illegal or legal, starting from debt collectors from illegal loans who start collecting on the 3rd day of the payment deadline to hacking the victim's cellphone to get contacts of the victim's family or people closest to them, so that the OJK often blocks illegal online loan applications on Playstore. This article uses the statue approach method and conceptual approach to legal research which examines laws and regulations relating to legal issues and provides an analytical perspective on solving problems in legal research seen from the aspect of the legal concepts behind them. The research results found that only legal loans can be reported to the OJK while illegal online loans can be reported to the police
Analisis Yuridis Perjanjian Kerja Waktu Tertentu Berdasarkan Pasal 8 Ayat (1) Peraturan Pemerintah Nomor 35 Tahun 2021 Tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja Putri, Karladian; Fauziyah; Ubaidillah, Lutfian
Journal of Contemporary Law Studies Vol. 1 No. 1 (2023): September-November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i1.1949

Abstract

Agreement as law for the parties who make it. Indonesia as a rule of law country, reflects every behavior of society based on positive law in Indonesia. The work agreement can be terminated because the rights and obligations between the entrepreneur and the worker or laborer must not conflict with company regulations, collective work agreements and other applicable laws and regulations. This has been agreed and signed and cannot be withdrawn or changed except with the agreement of the parties. Apart from that, this also applies in the economic (business) sector, especially for actors involved in agreements with a company. This research aims to find out the interpretation of the Certain Time Work Agreement (PKWT) based on Article 8 Paragraph (1) of Government Regulation Number 35 of 2021 concerning certain time work agreements, outsourcing, work time and rest time, and termination of employment relations. This research uses juridical-normative legal research. The research results show that the PKWT regulations with a maximum period of 3 (three) years have been removed and PKWT workers will be replaced for no more than 5 (five) years. This includes the extension period as regulated in Government Regulations. If a PKWT worker exceeds the specified time period, then by law it will change to an Indefinite Time Work Agreement (PKWTT).
Implementasi E-Tilang Bagi Pelanggar Lalu Lintas di Kabupaten Jember Berdasarkan Peraturan Pemerintah Nomor 80 Tahun 2012 Tentang Tata Cara Pemeriksaan Kendaraan Bermotor di Jalan dan Penindakan Pelanggaran Lalu Lintas dan Angkutan Jalan Rindang, Dhana Dharu; Suryo, Pramukhtiko
Journal of Contemporary Law Studies Vol. 1 No. 1 (2023): September-November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i1.1950

Abstract

The traffic challenges faced by the Indonesian nation today are traffic violations, traffic jams and traffic crimes. These traffic violations can give rise to new problems that have more fatal consequences, for example they can result in traffic accidents and increase the death rate due to traffic accidents. The government's effort to respond to this is by instructing it to use information and communication technology to improve effective, excellent service and efficiency of public services and support transparency of public services. With a government policy related to providing services to the public using electronic services, the Chief of the Republic of Indonesia Police (KAPOLRI) then realized or implemented this policy by creating an electronic ticketing service (e-Tilang). The e-Tilang program has been implemented in Jember Regency since 2021. The implementation of the e-Tilang system in Jember Regency is still not optimal because there are many factors that hinder the realization of traffic order. So, this also has a big influence in measuring the effectiveness of implementing the e-Tilang system. This research uses a statutory approach and a conceptual approach, with a normative juridical research type. The implementation of e-Tilang in Jember Regency originally used CCTV cameras or what is usually called Electronic Traffic Law Enforcement (ETLE). However, the implementation is still not optimal, therefore to perfect the e-Tilang technology there is INCAR innovation using a mobile camera. The implementation of e-Tiling for traffic violators in Jember Regency has not been implemented optimally. Because, law enforcement for traffic violators in Jember Regency still requires the use of manual ticketing methods. So, it is necessary to improve the e-Tilang system which has been implemented throughout Indonesia, especially the new innovation, namely the INCAR car.
Kajian Yuridis Hak Imunitas Anggota DPR RI dalam Prinsip Equality Before the Law Menurut Undang-Undang Nomor 2 Tahun 2018 Perubahan-Perubahan Ke Dua Atas Undang-Undang Nomor 17 Tahun 2014 Tentang MPR, DPR, DPD dan DPRD Ainuddin, Emha; Purwanto, Djoko
Journal of Contemporary Law Studies Vol. 1 No. 1 (2023): September-November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v1i1.1951

Abstract

This research was carried out with the aim of finding out and studying more deeply the Immunity Rights in the principle of Equality Before the Law held by members of the DPR RI. The research method used is normative juridical. The results of the research show that: The immunity rights of members of the DPR are interpreted as the right of members of the people's representative institutions to discuss or state in writing all matters within the institution without being sued before a court. With the right to immunity, members of the DPR are not immune from the law, because the right to immunity does not apply in general, apart from that, Indonesia also upholds the principle of equality before the law. The articles that regulate the DPR's immunity rights, such as Articles 224 and 245, were submitted for review to the Constitutional Court and then decided with decision Number 76/PUU- regarding granting permission to examine members of the DPR who are summoned in the context of suspected criminal acts, the authority of which was originally held by the MKD in article 245 has been removed by the MK.

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