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Andri Putra Kesmawa
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Perumahan Sidorejo, Jl. Sidorejo Gg. Sadewa No.D3, Sonopakis Kidul, Ngestiharjo, Kapanewon, Kasihan, Kabupaten Bantul, Daerah Istimewa Yogyakarta 55184
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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 32 Documents
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.
Analisis Pornografi Balas Dendam (Revenge Porn) dan Regulasinya di Indonesia Alfira Destriannisya
Journal of Contemporary Law Studies Vol. 1 No. 3 (2024): Maret-Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2222

Abstract

This study delves into the pervasive issue of revenge porn, a form of online-based gender crime facilitated by the rapid advancements in digital technology. Revenge porn entails the non-consensual dissemination of sexual content, posing significant risks and harm to its victims. The research aims to elucidate the potential impacts of revenge porn on its victims and explore the existing legal protections available to them. Employing both normative and empirical juridical methods, the study draws upon literature review to uncover the psychological and sociological ramifications endured by victims, which often manifest in detrimental physical effects. Despite the absence of comprehensive legal safeguards specifically addressing online-based sexual violence and revenge porn in Indonesia, existing legal provisions, such as those outlined in Law Number 44 of 2008 concerning Pornography and Law Number 19 of 2016 concerning Electronic Information and Transactions, offer a semblance of protection for victims. Through a thorough examination of these legal frameworks, this research underscores the urgent need for robust legal measures to safeguard individuals from the perils of online-based gender crimes, particularly revenge porn.
Kolaborasi Pencegahan dan Pemberantasan Narkotika: Studi Kasus Badan Narkotika Nasional Kota Surakarta Hermoyo, Bambang; Werdani, Vidya Dyah; Hartanto, Yudha Hendra; Kinaryosi, Azahra; Pardosi, Frankey Caisario; Aundrianagari, Firstanya Lazca
Journal of Contemporary Law Studies Vol. 1 No. 3 (2024): Maret-Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2232

Abstract

The aim of this study is to evaluate the efforts undertaken by the Surakarta City National Narcotics Agency (BNNK Surakarta) in preventing and combating the abuse and trafficking of narcotics. The methodology involved the analysis of secondary data from BNNK Surakarta activity reports, interviews with relevant personnel, and surveys among the local community. The findings indicate that the collaboration between BNNK Surakarta, the Surakarta Police Narcotics Research Unit, and several anti-drug forums and communities has successfully implemented comprehensive, integrated, and multidimensional prevention methods. However, challenges persist in law enforcement, therapy, and rehabilitation of narcotics victims. The conclusion emphasizes the importance of collective action among various stakeholders in the efforts to prevent and combat the abuse and trafficking of narcotics. With improved cooperation, it is hoped that the Surakarta community can be freed from narcotics-related cases and create a productive, healthy, and competitive environment.
Kompleksitas Perceraian Akibat Murtad: Analisis Peran Pengadilan Agama dalam Konteks Hukum Islam Saputra, Maulana Adi; Widyawati, Silvia; Ardiyanto, Razi; Pitriana, Novia; Ramadhan, Agil Gilang
Journal of Contemporary Law Studies Vol. 1 No. 3 (2024): Maret-Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2239

Abstract

Divorce on grounds of apostasy is a complex research topic within Islamic law. This study explores the legal provisions of apostasy within the context of Islamic marriage law, with a focus on the role of the Religious Courts as dispute resolution institutions. The aim of this research is to investigate whether apostasy can constitute a valid basis for divorce according to the applicable law in the Religious Courts. The research method employed is a normative juridical approach to analyze the legal framework governing divorce cases involving apostasy. The research findings indicate that although apostasy can annul a marriage in religious terms, the Religious Courts do not always grant divorce without evidence of marital discord related to apostasy. This highlights the complexity of applying Islamic law in the context of divorce within the Religious Courts. Analysis of Article 116 (h) of the Compilation of Islamic Law regarding apostasy as a basis for divorce reveals that divorce is determined not only by religious conversion but also by the occurrence of marital discord resulting from apostasy. The implications of this discovery underscore the importance of a comprehensive understanding of Islamic law and contextual considerations in the process of resolving divorce disputes in the Religious Courts.
Problematika Pelanggaran Hak Cipta di Era Digital Wulandari, Fenny
Journal of Contemporary Law Studies Vol. 1 No. 3 (2024): Maret-Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2261

Abstract

Pelanggaran hak cipta terkait internet dan teknologi digital semakin meningkat di Indonesia. Distribusi ilegal konten yang dilindungi hak cipta menjadi lebih mudah dan cepat, terutama di media digital seperti buku, lagu/musik, sinematografi, dan perangkat lunak. Pelanggaran juga terjadi pada penerjemahan dan pengunggahan tidak resmi ke situs atau platform yang dapat dinikmati masyarakat secara gratis atau berbayar. Langkah konkrit peningkatan pengawasan dan penegakan hukum antara lain dengan memperkuat lembaga perlindungan hak cipta dan pengelolaan hak-hak tersebut oleh Lembaga Manajemen Kolektif (LMK). Langkah tersebut diharapkan dapat menjaga keberlangsungan industri kreatif.
Eksistensi Bawaslu Kabupaten Sukoharjo dalam Pengawasan Pemilihan Umum Fernando, Henokh; Natalia, Devita; Ochtawiaji, Farid; Arianti, Leni; Fitriyan, Selvina
Journal of Contemporary Law Studies Vol. 1 No. 3 (2024): Maret-Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2270

Abstract

The purpose of this study is to examine the role and authority of Bawaslu in Sukoharjo Regency in supervising the 2024 General Elections to ensure a democratic and fraud-free election process. This study employs an empirical juridical method, focusing on the application or implementation of normative legal provisions in legal events occurring within Bawaslu Sukoharjo Regency. The results indicate that Bawaslu Sukoharjo Regency plays a strategic role in overseeing all stages of the election process, from planning, implementation, to post-election stages. This authority is governed by Law No. 7 of 2017 on General Elections, Law No. 22 of 2007 on Election Organizers, and Bawaslu Regulation No. 13 of 2022 on Procedures for Election Supervision. In conclusion, Bawaslu Sukoharjo Regency plays a crucial role in maintaining the integrity and transparency of the election process. Through effective supervision, Bawaslu can prevent and address violations and fraud, thereby supporting the realization of a democratic and fair government.
Analisis Yuridis Penerapan Konsep Asas Lex Specialis Sytematis Dalam Tindak Pidana Perpajakan Jannah, Miftahul
Journal of Contemporary Law Studies Vol. 1 No. 3 (2024): Maret-Mei
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i2.2291

Abstract

The sustainability of a country's development heavily relies on its revenue streams, with taxation being a crucial pillar in generating state income. However, corruption within the taxation sector poses a significant threat, leading to substantial losses in state revenue and hindering efforts to enhance societal welfare. This research endeavors to address this challenge by examining the application of criminal law in combating corruption within the taxation sector. Furthermore, the research identifies the role of the Lex Specialis Systematis in delineating taxation crimes from broader financial crimes. While taxation crimes are confined to the realm of tax-related finances, corruption transcends this boundary, impacting broader state finances. This study advocates for a comprehensive legal approach that integrates both tax law and anti-corruption legislation. It underscores the necessity of applying the principles of Lex Systematic Specialist to taxation laws, ensuring that taxpayers are held accountable within the framework of tax regulations. Simultaneously, it emphasizes the applicability of anti-corruption laws, governed by the principles of Lex Specialis, to combat corruption within the taxation sector effectively.In conclusion, this research highlights the imperative of a harmonized legal framework that synergizes tax law and anti-corruption measures. By bridging the gap between these legal domains, the state can enhance its capacity to combat corruption within the taxation sector, safeguard state revenues, and foster sustainable development for the benefit of society at large.

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