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Journal of Contemporary Law Studies
Published by Indonesian Journal Publisher
ISSN : -     EISSN : 30308097     DOI : 10.47134/lawstudies
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 8 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2024): Desember-Februari" : 8 Documents clear
Penyelesaian Sengketa Wanprestasi Secara Alternatif Melewati Badan Arbitrase Nasional Indonesia (BANI) Dewi Ratrika Rinupa Sejati
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2050

Abstract

Peaceful resolution of disputes is the main goal in the modern legal system. One form of peaceful resolution, namely arbitration, is recognized as an effective way to resolve disputes firmly and bindingly. Arbitration is part of Alternative Dispute Resolution (ADR), which includes various methods of resolution outside of court or litigation. In the context of resolving default disputes, the Indonesian National Arbitration Board (BANI) is an efficient option. This research aims to analyze the role and benefits of arbitration in handling default disputes, especially those related to BANI. The research method used is normative legal research by collecting and analyzing secondary data such as laws, regulations, arbitration decisions and related literature. The research results show that the default dispute resolution process through BANI involves several steps, including arbitration selection, trial process, and final decision. The advantages of resolving default disputes through BANI include speed, legal certainty through arbitration awards, and the diversity of arbitrators who can provide different points of view in resolving disputes. Based on research findings, the decision of the Denpasar District Court Class I A Number 3/Pdt.G/2017/PN.Dps is based on Article 3 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The judge stated that the District Court did not have the authority to decide disputes between two parties who were bound by an arbitration agreement. This shows that if a dispute occurs, the parties must resolve it through deliberation. If deliberations are unsuccessful, the resolution will be handed over to the Indonesian National Arbitration Board (BANI).
Kesehatan sebagai Hak Asasi: Perspektif Filosofis tentang Hukum Kesehatan Maulana, Muhammad Asrul; Avrillina, Java Putri
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2075

Abstract

The benefits of this research include improving health policies and laws that are more in line with Pancasila values and community needs. This research can also provide a better understanding of the right to health as a human right and contribute to stronger health advocacy. Thus, research on health as a human right from a philosophical perspective in health law has important relevance in ensuring the fulfillment of the right to fair, equitable and quality health for all Indonesian citizens. This research uses a multidisciplinary approach that integrates normative juridical law, specifically using a legislative approach and a philosophical perspective. Health development is a top priority with a focus on increasing health system resilience, response to crisis situations, and policies that are responsive to community needs. Thus, the implementation of the Pancasila Philosophy in the Health Law involves values such as mutual cooperation, social justice, balance, divinity and independence, which aim to realize health services that are inclusive, fair and in line with the needs of the Indonesian people.
Pelecehan Seksual dalam Dunia Maya : Studi Kasus Terhadap Penggunaan Media Sosial Dewi Utama, Cika Suci; Majid, Nur Kholis
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2106

Abstract

The objective of this research is to identify the factors causing sexual harassment on social media and its impact on gender, as well as to analyze the number of sexual harassment cases that occurred in 2020. The methodology employed in this study involves data analysis from partner institutions of the National Commission on Violence Against Women (Komnas Perempuan) and the Service and Referral Unit (UPR) of Komnas Perempuan. The data encompasses the quantity of sexual harassment cases on social media and cases of violence against women in general. The research findings indicate a significant decrease in the number of sexual harassment cases on social media in 2020, with only 120 institutions returning questionnaires, down from 239 institutions the previous year. However, there is an increase in overall cases of violence against women, with 8,234 cases handled by the partner institutions of Komnas Perempuan. From this study, it can be concluded that despite the decline in the number of sexual harassment cases on social media, cases of violence against women in general continue to rise. This suggests that sexual harassment on social media and violence against women are issues that need continuous identification and serious attention.
Kesadaran Hukum Konsumen Atas Pembelian Produk Impor Kemasan Yang Tidak Mencantumkan Label Bahasa Indonesia Dwisvimiar, Inge; Muslih, Muhammad; Lathifa, Gita Fitri
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2126

Abstract

The surge in food imports has given rise to issues about the safety and consumer consciousness of imported food items without Indonesian labelling. The objective of the study is to examine the legal consciousness of customers at Ranch Market Tangerang with relation to packaged imported food items lacking Indonesian labels, and to elucidate the resolution process for imported food goods without Indonesian labels at Ranch Market. Conduct research using an empirical approach in the field of law. The technique is specifically applicable to concrete occurrences. The data sources consist of secondary data and primary data, which are collected using interview techniques and analysed using descriptive qualitative methods. The findings of this study indicate that the legal awareness of consumers at Ranch Market Tangerang regarding imported packaged products lacking Indonesian language labels is demonstrated through indicators of legal knowledge, comprehension, attitudes, and behaviour. Consequently, there is a necessity for enhancing consumer awareness across all indicators. The Food and Drug Supervisory Agency (BPOM) at Ranch Market handles the settlement of imported food products without Indonesian language labels. This is done through their supervisory function as the responsible party for resolving imported food products that have shown unsatisfactory results.
Tindak Pidana Kekerasan Seksual Inses pada Anak dalam Hukum Positif Indonesia Azzahra, Elsya Ikhsani
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2128

Abstract

The present study explores the phenomenon of incest, defined as a forbidden marital orrelational alliance wherein individuals engage in matrimonial or sexual relations due toconsanguinity or close familial ties. Incest is categorized within the realm of familial abuseor domestic violence, encapsulating acts wherein individuals coerce or compel their kin intoengaging in sexual activities. The primary objective of this research is to furnish readerswith a comprehensive comprehension of incestuous sexual violence against minors,elucidating the causative factors, typologies, repercussions on child victims, and thetherapeutic interventions available for both victims and perpetrators. Employing a legalresearch paradigm with a normative juridical research approach, this investigationprimarily relies on library studies or document analyses centered on written statutes andother legal materials. The factors contributing to incestuous incidents are discernedthrough an internal-external dichotomy, whereby internal factors pertain to thepsychological instability of the offender, and external factors relate to residing in a familialmilieu characterized by low socio-economic conditions. Children subjected to incestuoussexual violence often manifest profound behavioral alterations. Consequent adverse effectsmay include early pregnancies, with associated risks of abortion, and progeny resultingfrom incestuous unions are predisposed to heightened probabilities of physical and mentaldisabilities. Consequently, it is imperative to foster collaboration among social institutions,the community, the state, and familial units to proactively prevent and address incidentsof incestuous sexual violence.
Comparison of Moral and Economic Rights Between Indonesia and France Eristadora, Stephanie; Habibi, Ahmad; Baehaqi, Faisal; Widyastuti, Tiyas Vika; Mashdurohatun, Anis
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2156

Abstract

This article endeavors to conduct a comprehensive legal juxtaposition of moral and economic rights within the contexts of Indonesia and France. Intellectual property rights, specifically copyright, constitute the focal point of analysis, safeguarding various forms of creative expression encompassing literary, artistic, and scientific works. Within the realm of copyright, a fundamental distinction exists between economic rights, which are subject to arbitrary transfer, and moral rights, which inherently vest with the creator or artist and resist divestiture. Employing conceptual and normative approaches, supplemented by data procured from library resources, this research adopts qualitative data analysis techniques, encompassing both traditional and online research methodologies.The findings of this investigation illuminate dissimilarities in the legal frameworks governing intellectual property rights protection between Indonesia and France. France accentuates the significance of cultural and moral rights, prioritizing the intrinsic connection between the creator and their creation. In contrast, Indonesia places greater emphasis on economic considerations and the protection of economic interests. These disparities manifest in the divergent regulatory structures governing industrial design and copyright in each jurisdiction. Notwithstanding these distinctions, the article contends that achieving harmonization and fostering a nuanced understanding of these regulations is imperative to facilitate cross-border collaborations within the global economy and creative industries. Such harmonization is pivotal for advancing the collective interests of nations and creators alike.
Analisis Yuridis Bentuk Penyelesaian Sengketa Tanah Melalui Mediasi dan Arbitase Maulaya, Muhammad Zulfa; Pradana, Aditya Fani; Umam, Muhammad Choerul; Widyastuti, Tiyas Vika; Wildan, Muhammad
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2157

Abstract

The aim of this article is to describe the form of land rescue resolution using normative juridical analysis techniques. Settlements and land-related cases are usually settled through the official legal system and the applicable courts. There are some studies on the settlement of land disputes in Indonesia. This research uses a qualitative descriptive method, namely explaining the phenomenon or relationship of a problem in text form. The data source for this research is obtained through primary and secondary data. Primary data from this research uses legal materials consisting of: 1) the 1945 Constitution; 2) the Civil Code; and 3) Law No. 30 of 1999 regarding arbitration and settlement. The results of this research show that the form of land dispute resolution through arbitration and mediation is very appropriate to use, considering that the costs are not expensive and do not cause losses to the parties in the dispute. Mediation is a dispute settlement process involving third parties as intermediaries to help the parties reach an agreement. Mediation has been used in the settlement of land disputes in various areas of Indonesia, such as Kelurahan Mauliru District of East Sumba and Yogyakarta City. Mediation and arbitration are also methods of dispute resolution involving neutral third parties. The application of mediation and arbitration in the settlement of land disputes is expected to bring about justice and legal certainty.
Tantangan Penegakan Kode Etik Penyelenggara Pemilu Oleh Dewan Kehormatan Penyelenggara Pemilu (DKPP): Analisis Perspektif Undang-Undang No. 7 Tahun 2017 Tentang Pemilihan Umum Anam, Khoirul
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Desember-Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2318

Abstract

The study examines the challenges and potential solutions regarding the enforcement of ethical codes by the Election Organizers Honor Council (DKPP) under the 2017 General Election Law. Established in 2012, DKPP plays a crucial role in addressing violations of election organizers' ethical codes, as evidenced by a significant volume of complaints received between June 2019 and February 2023. Its institutionalization alongside the Election Commission (KPU) and the Election Supervisory Board (BAWASLU) reflects the government's commitment to upholding ethical conduct in elections, as mandated by the 2011 Election Organizer Law. Utilizing a normative legal research method, this study delves into the legal framework provided by the 2017 General Election Law and its subsidiary regulations to analyze DKPP's effectiveness in enforcing ethical codes. Despite DKPP's interventions, such as written warnings and temporary suspensions, which have influenced the behavior of election organizers, logistical challenges persist due to Indonesia's geographical diversity. Moreover, the limited scope of sanctions poses a deterrent challenge. To enhance DKPP's effectiveness, there is a need to bolster its regional presence, ideally establishing branches in each province. This decentralized approach would improve DKPP's efficiency and accessibility, thereby reinforcing its role in safeguarding the integrity of electoral processes. Overall, while DKPP has made significant progress in enforcing ethical codes, addressing logistical constraints and expanding punitive measures are essential for further enhancing its effectiveness.

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