Journal of Legal Contemplation
type: channel
publisher: Candela Edutech Indonesia
language: en
publication name: Journal of Legal Contemplation
issn: 3090-5389
items: Assumptions of Objective Reality in Logical Positivism
items: The Financial Services Authority’s Market Conduct Supervision and Consumer Protection within Non-Bank
items: Freedom of Expression and Its Implications for Citizens' Constitutional Rights Following Constitutional Court Decision No. 36/PUU-XX/2022
items: Legal Challenges in Multinational Corporate Governance: Perspectives of International Legal Universalism and Local Particularism
items: Reviewing The Legal Status of the Joint Ministerial Decrees in Indonesian State Administrative Law
items: Unraveling the Challenges of the Independence of Constitutional Court Judges Amidst the Politicization of the Judiciary in Indonesia: A Legal and Political Analysis
items: Integration of the Concept of Archipelagic State and Jou Se Ngofangare Customary Values in the Formation of Marine Policy in North Maluku
items: Legal Protection for the Community of Wonokerto Village Occupying Village Land Without Legality
items: Legal Analysis of the Application of Article 363 of the Criminal Code in the Sekayu District Court Decision Number 70/Pid.B/2021/PN Sky Regarding Theft in a Plantation Area
items: The Substantive Rights of Heirs and Administrative Barriers in Indonesian Banking Practices
items: Implementation of Village Autonomy: A Normative Study of Law Number 6 of 2014 Concerning Villages
items: Political Asylum as a Geopolitical Instrument: A Study of Defection and Its Implications for Foreign Policy
items: Building Law Enforcement with Character Ulil Albab: Reflection of Godly Values in The National Legal System
items: The Independence of the Corruption Eradication Commission after the Revision of Law No. 19 of 2019: The Perspective of the Theory of Separation of Powers and Its Implications
items: https://ejournal.candela.id/index.php/jlc/article/view/40
items: Juridical Analysis of the Judgment of Acquittal from All Lawsuits for Perpetrators of Defamation Through Social Media
items: Post-release Juvenile Offender at the Special Development Institute for Children in the Perspective of Sociology of Law
items: Problematizing Law Enforcement in Indonesia: A Study from the Perspective of the Sociology of Law
items: Legal Analysis of the Authority of the Supervisory Board in Law Number 19 of 2019 concerning the Corruption Eradication Commission
items: Juridical Review of Internal Control System Design in Regional Financial Management in Indonesia

Assumptions of Objective Reality in Logical Positivism
type: item
description: Logical positivism, as a 20th-century philosophical movement, posits that legitimate scientific knowledge can only be acquired through empirical verification and logical reasoning, while claims that cannot be tested or verified are considered meaningless. A central assumption in logical positivism is the concept of objective reality, which asserts that the external world exists independently of human subjectivity and can be understood through observation and scientific laws that are verifiable. This article explores the foundational assumptions regarding objective reality within logical positivism, focusing on the contributions of key figures such as Rudolf Carnap, Moritz Schlick, and A.J. Ayer. These philosophers argued that the physical world operates according to universal laws that can be verified through structured scientific methods. However, logical positivism has faced criticism, particularly concerning the principle of verificationism and its inability to accommodate the complexities of scientific theories that are not always directly verifiable. Critics such as Karl Popper and Willard Van Orman Quine have raised important questions about the relationship between theory, observation, and objective reality in science. Overall, while logical positivism has laid a significant foundation for modern scientific thought, it also faces profound challenges related to the limitations of verification theory and scientific objectivity.
subject: Articles
  topic: section
subject: Logical Positivism
  topic: keywords
subject: Objective Reality
  topic: keywords
subject: Verificationism
  topic: keywords
creator: Sutanto
creator: Abul Hasan Seknun
rights: Copyright (c) 2026 Sutanto, Abul Hasan Seknun (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-12
publication date: 2026-04-12
starting page: 50
ending page: 62
doi: 10.63288/jlc.v2i1.19

The Financial Services Authority’s Market Conduct Supervision and Consumer Protection within Non-Bank
type: item
description: This research aims to analyze the regulatory and supervisory role of the Financial Services Authority (OJK) concerning consumer protection in the Non-Bank Financial Institution (NBFI) sector. The rapid growth of NBFIs carries complex legal risks, particularly regarding unethical collection practices and the use of unbalanced standard agreements. Using a normative legal research method with statutory and conceptual approaches, this study examines the legal certainty and normative implications of the implementation of Law Number 21 of 2011 and OJK Regulation (POJK) Number 22 of 2023. The main findings indicate an operational ambiguity regarding the definition of consumer "bad faith" in Articles 6 and 99 of POJK No. 22 of 2023, which remains multi-interpretable despite the provided explanations. This vague norm creates legal uncertainty and provides excessive discretion to business actors, thereby weakening the consumer's bargaining position in financial service disputes. The results conclude that strengthening consumer protection requires the formulation of concrete behavioral indicators within the regulatory framework to close the gap of subjectivity for both regulators and business actors.
subject: Articles
  topic: section
subject: Bad Faith
  topic: keywords
subject: Consumer Protection
  topic: keywords
subject: Financial Services Authority
  topic: keywords
subject: Market Conduct
  topic: keywords
subject: Non-Bank Financial Institutions
  topic: keywords
creator: Muhammad Joddy AT Hasan
creator: Muhamad Taufik La Ode
rights: Copyright (c) 2026 Muhammad Joddy AT Hasan, Muhamad Taufik La Ode (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-30
publication date: 2026-03-30
starting page: 36
ending page: 49
doi: 10.63288/jlc.v2i1.18

Freedom of Expression and Its Implications for Citizens' Constitutional Rights Following Constitutional Court Decision No. 36/PUU-XX/2022
type: item
description: The judicial review of Law No. 11 of 2008, as amended by Law No. 19 of 2016, to the Constitutional Court was filed by twenty-nine content creators as petitioners, who felt that their constitutional rights had been violated by the enactment of Article 27 paragraph 3 and Article 28 paragraph (2) of the Electronic Information and Transactions Law, as they often give rise to multiple interpretations and are not in accordance with democratic principles in the concept of the rule of law. The purpose of this study is to determine how freedom of expression is regulated in the Indonesian legal system and its implications following Constitutional Court Decision Number 36/PUU-XX/2022. The method used in this study is normative legal research with a case approach. After analyzing the data sources obtained, this study concludes that in the context of the rule of law, freedom of expression is a fundamental right possessed by every individual and recognized universally. In a constitutional state, this freedom is guaranteed by the Constitution, as stated in Article 28E paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Freedom of expression serves to monitor and criticize those in power, maintain accountability, and encourage innovation and social progress. In addition, the Constitutional Court's decision has caused harm and/or negative impacts on democracy in Indonesia, including a decline in the democracy index, legal uncertainty, and losses in implementation.
subject: Articles
  topic: section
subject: Freedom of Expression
  topic: keywords
subject: Constitutional Court Decision
  topic: keywords
subject: Rule of Law
  topic: keywords
creator: Eza Tri Yandy
creator: M. Al Fathoni
creator: Sayuti
creator: Tri Endah Karya Lestiyani
rights: Copyright (c) 2026 Eza Tri Yandy, M. Al Fathoni, Sayuti, Tri Endah Karya Lestiyani (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-25
publication date: 2026-03-25
starting page: 22
ending page: 35
doi: 10.63288/jlc.v2i1.17

Legal Challenges in Multinational Corporate Governance: Perspectives of International Legal Universalism and Local Particularism
type: item
description: Unlike prior studies that treat the universalism-particularism debate primarily as a theoretical dichotomy to be resolved, this article offers a distinctive contribution by integrating Lon Fuller’s procedural natural law theory with Franz and Keebet von Benda-Beckmann’s theory of legal pluralism into a unified normative-doctrinal framework for analyzing multinational corporate governance. The main challenge faced by multinational companies is how they can navigate the tension between the perspective of international legal universalism, which demands consistency and uniformity, and the reality of legal particularism inherent in each jurisdiction. This study aims to answer the question of how multinational companies respond to the legal challenges arising from the intersection between the principles of international legal universalism and local legal provisions in various jurisdictions. This research is normative doctrinal legal research with statutory and conceptual approach. This study shows that MNCs' responses to global legal complexity involve dynamic strategies of convergence and divergence. Facing the dilemma between universalism and particularism, MNCs actively balance demands for uniform global governance standards with the need to adapt to cultural norms and values, as well as local legal systems. Convergence efforts are evident in the adoption of international best practices and centralized compliance frameworks, driven by the need to attract investors and maintain reputations. However, divergence occurs when MNCs must adapt their practices to local cultures, institutions, and even informal norms, often presenting challenges for local managers.
subject: Articles
  topic: section
subject: Multinational Company
  topic: keywords
subject: Universalism
  topic: keywords
subject: Particularism
  topic: keywords
subject: Jurisprudence
  topic: keywords
creator: Ahmad Fauzan
creator: Siti Wahyuni
rights: Copyright (c) 2026 Ahmad Fauzan, Siti Wahyuni (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-03-20
publication date: 2026-03-20
starting page: 1
ending page: 21
doi: 10.63288/jlc.v2i1.16

Reviewing The Legal Status of the Joint Ministerial Decrees in Indonesian State Administrative Law
type: item
description: The implementation of state governance based on the concept of a material rule of law requires discretion as an adaptive mechanism to prevent stagnation and legal vacuum. This is manifested in practice in the form of the government's authority (freies ermessen) in making decisions. As is practiced in Indonesia, for example, several government officials or ministers under certain legal circumstances issue a single decision simultaneously called a "joint decision of government officials." The problem that must be highlighted lies in the nature of the product of "decisions," which tend to regulate, and sometimes even limit human rights. In theory, these characteristics should be identical to legal products of legislation (regeling). The actual meaning of "decisions" and the legal status of joint ministerial decrees in state administrative law will be the issues addressed in this article. This research is a normative legal research, using both a statutory and conceptual approach. The research results reveal that, in Indonesian state administrative law, a joint ministerial decree is included in the category of other types of legislation if it is based on the Law on the Formation of Legislation, so that even though the nomenclature used is "decision", if the material contains elements of restrictions and regulations, then it is categorized as a regulation. It may seem anomalous, but the legal basis is clear, that after the presence of Law Number 12 of 2011, the use of the nomenclature "decision" for a regulatory provision is no longer justified.
subject: Articles
  topic: section
subject: Administrative law
  topic: keywords
subject: Decision
  topic: keywords
subject: Policy regulation
  topic: keywords
creator: Suwiryo Prawira
creator: Dion Nupianto
rights: Copyright (c) 2026 Suwiryo Prawira, Dion Nupianto (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2026-04-17
publication date: 2026-04-17
starting page: 63
ending page: 77
doi: 10.63288/jlc.v2i1.20

Unraveling the Challenges of the Independence of Constitutional Court Judges Amidst the Politicization of the Judiciary in Indonesia: A Legal and Political Analysis
type: item
description: The Constitutional Court (MK) as the guardian of the constitution plays an important role in upholding constitutional justice in the Indonesian constitutional system. However, the independence of MK judges is still vulnerable to political intervention, both in the legislative process and in the appointment and dismissal of judges. This study uses a normative juridical method with a legislative and conceptual approach. The results of the study show that this vulnerability is influenced by the revision of the Constitutional Court Law, which is fraught with political interests, the interference of political institutions in the selection of judges, and conflicts of interest in several controversial decisions. To strengthen the independence of the Constitutional Court, regulatory reforms based on meritocracy, external supervision through the Judicial Commission, transparency and public participation in the selection process and decisions, as well as the reinforcement of judges' ethics and integrity are needed. With these steps, it is hoped that the Constitutional Court will consistently carry out its function as the guardian of the constitution, uphold the principle of the rule of law, and protect the constitutional rights of the Indonesian people.
subject: Articles
  topic: section
subject: Constitutional Court
  topic: keywords
subject: Judicial Independence
  topic: keywords
subject: Politicization of the Judiciary
  topic: keywords
subject: Judicial Commission
  topic: keywords
subject: Rule of Law
  topic: keywords
creator: Rachmat Hidayat
creator: Herwansyah
rights: Copyright (c) 2025 Rachmat Hidayat, Herwansyah (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-26
publication date: 2025-11-26
starting page: 156
ending page: 166
doi: 10.63288/jlc.v1i3.14

Integration of the Concept of Archipelagic State and Jou Se Ngofangare Customary Values in the Formation of Marine Policy in North Maluku
type: item
description: This research aims to analyze how the customary value of Jou Se Ngofangare functions as a source of social and moral legitimacy in implementing marine policy based on the Archipelagic State concept in North Maluku. The study arises from the existing gap between marine policies founded on national and international legal frameworks-such as UNCLOS 1982 and Law Number 6 of 1996 on Indonesian Waters-and the deeply rooted local wisdom of North Maluku’s indigenous communities. The Jou Se Ngofangare value, which emphasizes respect, justice, balance, and moral responsibility toward nature, is seen as a moral compass that can strengthen the legitimacy and contextual relevance of marine policies. The research highlights the urgency of integrating customary values into public policy to minimize social resistance and promote equitable, sustainable marine resource management. Using a normative legal method combined with a socio-legal approach, the study examines both formal legal norms and the living law embodied in customary practices. The findings reveal that Jou Se Ngofangare values play a crucial role in enhancing the effectiveness, community acceptance, and ethical grounding of marine policy implementation. However, challenges remain in the limited formal recognition of customary norms within regulatory frameworks and the weak coordination between government institutions and customary authorities. Ultimately, this research proposes an integrative model that bridges positive law with local wisdom, offering a contextualized and culturally rooted foundation for marine policy legitimacy in North Maluku.
subject: Articles
  topic: section
subject: Archipelagic State
  topic: keywords
subject: Jou Se Ngofangare
  topic: keywords
subject: Marine Policy
  topic: keywords
creator: Fathurrahim
creator: Nurhayati Chalil
rights: Copyright (c) 2025 Fathurrahim, Nurhayati Chalil (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 167
ending page: 181
doi: 10.63288/jlc.v1i3.15

Legal Protection for the Community of Wonokerto Village Occupying Village Land Without Legality
type: item
description: This study analyzes the use of Kasultanan land as a residence in Wonokerto Village for 63 years without legality. The method used is empirical law with primary and secondary data collection through literature studies, field observations, and interviews with the community, Wonokerto Village Office, and Panitiksmo. The use of Kalurahan land as a residence violates Governor Regulation Number 24 of 2024, but is based on historical aspects where there was a mandate from Sri Sultan Hamengkubuwono IX in 1961 to move the community group from the disaster-prone area of ​​Mount Merapi. This creates a lack of legal certainty for the community group. As a result, the community group cannot carry out legal acts such as Liyer and Lintir. The results of the study show that the Sultanate can release the rights of Anggaduh Kalurahan Wonokerto to become the Sultanate's land, so that the community can submit Serat Kekancingan for legality and be used as legal protection for the community group. Although there are regulations, the resolution refers more to the Sultanate's policy. More explicit and legally binding regulations are needed, such as the Governor's Regulation on resolving the status of village land that has been used by the community as a residence, so that the community can obtain clear legal certainty.
subject: Articles
  topic: section
subject: Sultan Ground
  topic: keywords
subject: Residence
  topic: keywords
subject: Wonokerto Village
  topic: keywords
subject: Society
  topic: keywords
creator: Dimas Bakti Setiawan
creator: Nurmalita Ayuningtyas Harahap
rights: Copyright (c) 2025 Dimas Bakti Setiawan, Nurmalita Ayuningtyas Harahap (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-24
publication date: 2025-11-24
starting page: 145
ending page: 155
doi: 10.63288/jlc.v1i3.13

Legal Analysis of the Application of Article 363 of the Criminal Code in the Sekayu District Court Decision Number 70/Pid.B/2021/PN Sky Regarding Theft in a Plantation Area
type: item
description: This study aims to examine the suitability of the indictment with Article 363 paragraph (1) 4 of the Criminal Code used by the Public Prosecutor in decision Number 70/Pid.b/2021/PN Sky and whether the Judge's considerations in decision Number 70/Pi.B/2021/PN Sky were in accordance with the facts of the trial. The type of research used is normative legal research, which is a method of legal research conducted by examining library materials or secondary data. Based on research, it can be seen that there is a discrepancy between the indictment and Article 363 paragraph (1) point 4 of the Criminal Code used by the Public Prosecutor, as well as between the verdict and the judge's consideration, which does not or does not fully correspond with the facts of the trial, so that the article in the Public Prosecutor's indictment is still used. Both prosecutors and judges should apply the principle of lex specialis derogate lex generali in applying articles in indictments and in court decisions, so that justice can truly be upheld.
subject: Articles
  topic: section
subject: District court decision
  topic: keywords
subject: Criminal Act of Theft
  topic: keywords
subject: Plantation Area
  topic: keywords
creator: Tri Wahyuni M. Saleh
creator: Faissal Malik
creator: Aslan Hasan
rights: Copyright (c) 2025 Tri Wahyuni M. Saleh, Faissal Malik, Aslan Hasan (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-18
publication date: 2025-11-18
starting page: 131
ending page: 144
doi: 10.63288//jlc.v1i3.12

The Substantive Rights of Heirs and Administrative Barriers in Indonesian Banking Practices
type: item
description: This article explores the normative-institutional discrepancy between the declarative nature of Article 833 of the Indonesian Civil Code and the administrative practices of financial institutions in the execution of inheritance rights within Indonesia’s national legal system. Legally, heirs acquire their rights automatically upon the decedent’s death, without requiring court confirmation or formal recognition. In practice, however, banks often impose excessive procedural requirements, such as requesting additional documents or withholding funds without a clear legal basis. This study adopts a normative legal method, analyzing statutory provisions, doctrinal interpretations, and illustrative case studies. The findings highlight the urgent need for regulatory harmonization between inheritance law and financial administrative procedures in Indonesia. The article also emphasizes the strategic role of notaries as legal intermediaries who ensure the enforceability of inheritance rights through authentic documentation. It concludes that heirs’ legal protection must be strengthened by upholding the principles of legality and substantive justice within the financial sector.
subject: Articles
  topic: section
subject: Heirs
  topic: keywords
subject: Banking Administration
  topic: keywords
subject: Article 833 of the Civil Code
  topic: keywords
subject: Legal Harmonization
  topic: keywords
subject: Notary’s Role
  topic: keywords
creator: Muhamad Taufik La Ode
creator: Ali Abdullah
rights: Copyright (c) 2025 Muhamad Taufik La Ode, Ali Abdullah (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-11-05
publication date: 2025-11-05
starting page: 113
ending page: 130
doi: 10.63288/jlc.v1i3.11

Implementation of Village Autonomy: A Normative Study of Law Number 6 of 2014 Concerning Villages
type: item
description: This study focuses on gaining an in-depth understanding of the implementation of village autonomy based on the legal framework of Law Number 6 of 2014 concerning Villages. This study uses a normative legal research method, also known as library legal research. This means that this study is based on searching and analyzing library materials and applicable legal provisions, then linking them to the issues being studied. The statute approach is the main analytical foundation of this research. The results of this research explain that Law Number 6 of 2014 concerning Villages is indeed an important milestone designed to strengthen decentralization and autonomy at the village level in Indonesia. Conceptually, this law gives villages broader authority in managing resources and making strategic decisions. However, in practice, the implementation of village autonomy still faces a series of complex obstacles. Significant obstacles identified include overlapping authorities between policies originating from the central government and local governments, as well as legal ambiguities that cause uncertainty at the village level. Overcoming these challenges is essential to ensure that village autonomy can operate effectively and efficiently.
subject: Articles
  topic: section
subject: Village Autonomy
  topic: keywords
subject: Governance
  topic: keywords
subject: Development
  topic: keywords
subject: Community Building
  topic: keywords
subject: Community Empowerment
  topic: keywords
creator: Fatma Faisal
creator: Nasrah Hasmiati Attas
rights: Copyright (c) 2025 Fatma Faisal, Nasrah Hasmiati Attas (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-31
publication date: 2025-07-31
starting page: 105
ending page: 112
doi: 10.63288/jlc.v1i2.10

Political Asylum as a Geopolitical Instrument: A Study of Defection and Its Implications for Foreign Policy
type: item
description: Political asylum has long been a sensitive issue in international relations, especially when granted to defectors or figures labelled as traitors by their home countries. This study aims to analyze the shift in meaning and function of political asylum in modern international relations, explain the geopolitical impact of defection accompanied by the granting of asylum, examine the foreign policy responses of the country of origin and the asylum-granting country, and provide an understanding of the dynamics of diplomatic tensions and foreign policy strategies related to the practice of granting asylum. This study uses a normative (doctrinal) juridical method, with a conceptual approach, legislation, and case studies. The data sources used are secondary data obtained through literature studies, consisting of primary legal materials, and tertiary Legal Materials. The results of the analysis show that political asylum has evolved from mere protection against persecution to an instrument of negotiation and geopolitical influence. Granting asylum to defectors has been proven to worsen diplomatic relations between countries, but on the other hand it is also used as a strategy of political pressure on the defector's country of origin. Therefore, countries need to balance between their commitment to protecting human rights and national interests, especially amidst increasing multi-regional geopolitical tensions. It is recommended that international legal norms be strengthened to clearly regulate the boundaries between the right to protection of individuals and the potential for political exploitation of asylum practices.
subject: Articles
  topic: section
subject: Political Asylum
  topic: keywords
subject: Defection
  topic: keywords
subject: Geopolitics
  topic: keywords
subject: International Relations
  topic: keywords
subject: Human Rights
  topic: keywords
creator: Dyah Rosiana Puspitasari
creator: Fakhry Muhammad Ibrahim
rights: Copyright (c) 2025 Dyah Rosiana Puspitasari, Fakhry Muhammad Ibrahim (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-26
publication date: 2025-07-26
starting page: 96
ending page: 104
doi: 10.63288/jlc.v1i2.9

Building Law Enforcement with Character Ulil Albab: Reflection of Godly Values in The National Legal System
type: item
description: In law enforcement, moral aspects are very important in the court process. regarding law enforcers with the character of ulil albab which will be used as the basis for study to reflect divine values in the national legal system. the purpose of this study is: how to build law enforcers with the character of ulil albab: reflection of divine values in the national legal system. this type of research is qualitative research that is descriptive analytical, namely legal research where knowledge or theory about the object already exists and wants to provide a picture of the object of research. The results of this study can be seen from the ten main characteristics of ulil albab humans who can make a significant contribution to fair and civilized law enforcement, as Allah SWT has conveyed in the Qur'an. The concept of ulil albab is very relevant to be applied in the world of education. These characteristics can build a generation that is intellectually intelligent, but also has high moral and spiritual integrity. Thus, education that prioritizes the values of ulil albab will produce individuals who are able to collaborate positively for society and the nation.
subject: Articles
  topic: section
subject: Law Enforcement
  topic: keywords
subject: Ulil Albab
  topic: keywords
subject: Godly Values
  topic: keywords
subject: Legal System
  topic: keywords
creator: Fathurrahim
creator: Tri Syafari
rights: Copyright (c) 2025 Fathurrahim, Tri Syafari (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-24
publication date: 2025-07-24
starting page: 84
ending page: 95
doi: 10.63288/jlc.v1i2.8

The Independence of the Corruption Eradication Commission after the Revision of Law No. 19 of 2019: The Perspective of the Theory of Separation of Powers and Its Implications
type: item
description: After the issuance of Law No. 19/2019, which amended Law No. 30/2002 on the Corruption Eradication Commission, there were significant changes in the position and function of the KPK. The main objective of this study is to analyze changes in the position and authority of the Corruption Eradication Commission (KPK) after the enactment of Law No. 19 of 2019, whether it still fulfills the principle of independence of state institutions from the perspective of the theory of separation of powers (trias politica) as well as the legal and constitutional impacts of the transfer of the KPK to the executive branch of power on the principle of checks and balances and the effectiveness of corruption eradication in Indonesia. This research uses a normative legal research method that relies on a statutory approach and a conceptual approach. The results show that the Revision of KPK Law has serious consequences for the independence of KPK and shows significant constitutional impacts which reflect a shift in balance. The imbalance has the potential to weaken the quality of democracy while disrupting the principles of clean and accountable governance. KPK risks transforming into an administrative instrument that is vulnerable to the interests of executive power
subject: Articles
  topic: section
subject: Independence
  topic: keywords
subject: Corruption Eradication Commission
  topic: keywords
subject: Separation of Powers Theory
  topic: keywords
creator: Probo Pribadi S. M
creator: Michael Wijaya Simatupang
rights: Copyright (c) 2025 Probo Pribadi S. M, Michael Wijaya Simatupang (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-04
publication date: 2025-07-04
starting page: 60
ending page: 70
doi: 10.63288/jlc.v1i2.6

https://ejournal.candela.id/index.php/jlc/article/view/40
type: item
title: Analysis of Decision of The Honorary Council of The Constitutional Court Number 2/MKMK/L/11/2023 Based on The Constitutional Court Regulation Number 1 of 2023 Concerning the Honorary Council of The Constitutional Court
description: The Constitutional Court's Honorary Council's decision was deemed wrong in imposing sanctions on the Chief Justice of the Constitutional Court, Anwar Usman. This study aims to determine how the implementation of the Constitutional Court Regulation of the Republic of Indonesia Number 1 of 2023 concerning the Honorary Council of the Constitutional Court is carried out against the Decision of the Honorary Council of the Constitutional Court Number 2/MKMK/L/11/2023 and to find out and understand what is the basis for consideration for the judges of the Honorary Council of the Constitutional Court in the decision Number 2/MKMK/L/11/2023. The type of research used in this study is normative legal research, using a research approach by examining and reviewing the object of research through laws and regulations by sharpening research data that aims to find out the problems being discussed, while the type of research is qualitative using descriptive analysis. The results of the study indicate that the Honorary Council of the Constitutional Court did not apply the Constitutional Court Regulation Number 1 of 2023 concerning the Honorary Council of the Constitutional Court as it should so that in the decision of the MKMK Number 2/MKMK/L/11/2023 it cannot provide legal certainty. Therefore, the provisions governing the types of sanctions for reported judges who are proven to have committed ethical violations are not explained properly. However, the decision is final and binding internally on the Constitutional Court.
subject: Articles
  topic: section
subject: Decision of the Honorary Council of the Constitutional Court
  topic: keywords
subject: Decision of the Constitutional Court
  topic: keywords
subject: Code of Ethics
  topic: keywords
creator: Egfa G Tuanany
creator: Siti Barora Sinay
creator: Andika Adhyaksa
rights: Copyright (c) 2025 Egfa G Tuanany, Siti Barora Sinay, Andika Adhyaksa (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-13
publication date: 2025-07-13
starting page: 71
ending page: 83
doi: 10.63288/jlc.v1i2.7

Juridical Analysis of the Judgment of Acquittal from All Lawsuits for Perpetrators of Defamation Through Social Media
type: item
description: This study aims to examine the suitability of the Judge's considerations in Decision Number 98/Pid.Sus/2020/PN Sos with the trial facts and the implications of Decision Number 98/Pid.Sus/2020/PN Sos. The type of research used is normative legal research which is a research method that focuses on positive legal norms. The data collected in this study include secondary data sources from legal literature with data collection techniques in the form of literature studies of legal materials and then analyzed qualitatively using descriptive methods. The results of the study on Decision Number 98/Pid.Sus/2020/PN Sos can be explained that the Panel of Judges' considerations are basically inappropriate, because Article 49 paragraph (1) of the Criminal Code only covers honor in the sense of the sexual field so that it cannot be used to argue for a defense of honor in the sense of a good name, besides that, the defendant's actions do not fulfill the element of "in the public interest and forced to defend himself" as referred to in Article 310 paragraph (3) of the Criminal Code. This decision has implications for the application of the law in the future, which can be used as a reference for law enforcement officers, both Judges, Prosecutors, or Legal Counsel in handling the same case even though it has not become jurisprudence, but this decision will be used as a reference for law enforcement officers because the decision has permanent legal force. In addition, this decision will also be a reference for the public, in terms of behavioral patterns in using social media, with a tendency to feel free to use social media to attack the legal interests of others, by arguing that their actions are a form of defending public interests or being forced to defend themselves in order to escape the law.
subject: Articles
  topic: section
subject: Judge's Decision
  topic: keywords
subject: Crime
  topic: keywords
subject: Social Media
  topic: keywords
creator: Apriyanti Maskur
rights: Copyright (c) 2025 Apriyanti Maskur (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-03-30
publication date: 2025-03-30
starting page: 46
ending page: 59
doi: 10.63288/jlc.v1i1.5

Post-release Juvenile Offender at the Special Development Institute for Children in the Perspective of Sociology of Law
type: item
description: The aim of this research is to provide an understanding of the psychological condition of a child after being released from a foster child based on a legal sociology perspective at the Special Child Development Institute (LPKA). The research uses socio-juridical methods, including descriptive research with a non-doctrinaire approach, which views law as an empirical social phenomenon. The types and sources of data in this research use primary data and secondary data with data collection techniques in the form of documentation and literature study which is then analyzed descriptively qualitatively. The results of this research show that a bad view of former foster children in the social environment will result in children experiencing mental disorders, depression, low self-esteem, anxiety about hurting themselves and even suicide. The efforts made by the community and government are to accept and accommodate children who have problems with the law, so that there is a common perception between parents and the government in fulfilling children's rights, and avoiding bad views that have an impact on the survival and future of children.
subject: Articles
  topic: section
subject: Juvenile Offender
  topic: keywords
subject: LKPA
  topic: keywords
subject: Sociology of Law
  topic: keywords
creator: Rahmat Syarif
creator: Rahman Sandy Ela Sabtu
creator: M. Jufri Dukomalamo
rights: Copyright (c) 2025 Rahmat Syarif, Rahman Sandy Ela Sabtu, M. Jufri Dukomalamo (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-03-16
publication date: 2025-03-16
starting page: 37
ending page: 45
doi: 10.63288/jlc.v1i1.4

Problematizing Law Enforcement in Indonesia: A Study from the Perspective of the Sociology of Law
type: item
description: Law enforcement in Indonesia faces various complex and multidimensional issues. From the perspective sociology of law, law is not merely seen as a set of formal rules but as part of a social system that reflects the dynamics of society. The main challenges in law enforcement in Indonesia include the gap between normative law and social practices, public distrust in law enforcement officials, and the strong influence of social, political, and economic factors. In this context, the law is often perceived as favoring the powerful while being harsh on the weak, reflecting injustices in its application. This study highlights the importance of judicial system reform, enhancing the integrity of law enforcement officials, and harmonizing state law with prevailing social values in society. The sociological approach to law enforcement in Indonesia emphasizes the need to understand how society perceives, interprets, and complies with the law, as well as how social structures, influence its effectiveness. The gap between formal law and cultural values often results in law legal comoliance. Legal cases highlighted in the media reveal disparities in treatment based on social status. Thefore, the proposed solutions in this study include legal system reform, strengthening legal culture, and active community involvement in legal oversight to achieve a rairer and more effective legal system.
subject: Articles
  topic: section
subject: Law enforcement
  topic: keywords
subject: Sociology of Law
  topic: keywords
subject: Society
  topic: keywords
creator: Ahmad M
creator: Afifa Eka Putri
creator: Amin Yasin
creator: Alifandi Rizky Cahya Putra
creator: Arfius Nurdin
creator: Fahri Arfa
rights: Copyright (c) 2025 Ahmad M, Afifa Eka Putri, Amin Yasin, Alifandi Rizky Cahya Putra, Arfius Nurdin, Fahri Arfa (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-03-12
publication date: 2025-03-12
starting page: 16
ending page: 26
doi: 10.63288/jlc.v1i1.2

Legal Analysis of the Authority of the Supervisory Board in Law Number 19 of 2019 concerning the Corruption Eradication Commission
type: item
description: This study is to determine the Authority of the Supervisory Board in Law No. 19 of 2019 concerning the Corruption Eradication Commission. Regarding the KPK Supervisory Board, with the authority to grant permission or not to grant permission for wiretapping, search and/or seizure, this shifts the concept of supervision to the concept of control in the implementation of the duties and authorities of the Corruption Eradication Commission. So that this is closely related to the independence of the Corruption Eradication Committee, which in carrying out its duties and authorities is independent and free from the influence of any power. The results of the study describe the juridical authority of the Supervisory Board in Law No. 19 of 2019 concerning the Corruption Eradication Commission and the authority of the Supervisory Board in a sociological perspective. The Supervisory Board is not a law enforcer, but is only tasked with overseeing the implementation of the KPK's duties and authorities. With the existence of the KPK Supervisory Board within the KPK, it is feared that it will hamper efforts to eradicate corruption.
subject: Articles
  topic: section
subject: Authority
  topic: keywords
subject: Supervisory Board
  topic: keywords
subject: Corruption
  topic: keywords
creator: Ardi Hajuan
creator: Nurul Aini
creator: Saifullah Fadel
rights: Copyright (c) 2025 Ardi Hajuan, Nurul Aini, Saifullah Fadel (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-03-14
publication date: 2025-03-14
starting page: 27
ending page: 36
doi: 10.63288/jlc.v1i1.3

Juridical Review of Internal Control System Design in Regional Financial Management in Indonesia
type: item
description: This study examines the design of an internal monitoring system for regional financial management at the regional level “Ius Constitutum”. The design of an internal regional financial supervision system regulated in various regulations is expected to produce effective regional financial management. However, with the recent rise in acts of budget misuse and fraudulent regional financial reporting, this certainly leaves new work for policy makers to review the existing internal monitoring system. The main objective of this study is to find out whether the internal control system model that has been established is able to guarantee the implementation of effective regional financial administration, or is it the opposite. With various incidents occurring regarding irregularities in the implementation of regional budgets, this study then describes the weaknesses and efforts to optimize the regional financial internal monitoring system. This research uses a normative legal research method that relies on a statutory approach and a conceptual approach. The research results show that there are still weaknesses in the design of the internal supervision system in regional financial management. This can be seen from the regulation of the internal supervision system which is not yet optimal because it still opens up room for compromise between supervisory officials and regional heads. In addition, the design regarding the position of regional inspectorates in the applicable regulations does not allow Government Internal Audit Apparatus to act independently in carrying out their supervisory duties. This study is encouraging to make improvements to the position of the regional Inspectorate through revision of existing regulations. The position of the internal regional inspectorate implementation Internal supervision must be interpreted within the scope of internal supervision in the sense broad.
subject: Articles
  topic: section
subject: Financial Law
  topic: keywords
subject: Regional Finance
  topic: keywords
subject: Internal Supervision
  topic: keywords
creator: Suwiryo Prawira
rights: Copyright (c) 2025 Journal of Legal Contemplation https://creativecommons.org/licenses/by-sa/4.0
date: 2025-03-03
publication date: 2025-03-03
starting page: 1
ending page: 15
doi: 10.63288/jlc.v1i1.1