Indonesian Journal of Contemporary Law is a peer reviewed journal published biannual (------) by Faculty of Law, Universitas Negeri Surabaya. IJCL published both Printed and Online version (Print ISSN..... Online ISSN.....). IJCL is intended to be the journal for publishing of results of research on law both empirical and normative study, especially in contemporary legal issues. The various topics but not limited to, criminal law, constitutional law, private law, economic law, human rights law, international law, tax law, Islamic law, customary law, commercial business law, environmental law, street law, legal education, maritime law, trade law, in the framework of Indonesian legal systems and Indonesian legal studies. Title : Indonesian Journal of Contemporary Law (IJCL) Editor in Chief : Citation Analysis : DOI Prefix : Publisher : Faculty of Law Universitas Negeri Surabaya Frequency
ANALISIS YURIDIS PUTUSAN NOMOR 4721 K/PID.SUS/2025 TERKAIT PIDANA DIBAWAH MINIMUM KHUSUS PERKARA TINDAK PIDANA NARKOTIKA
Special minimum sentences are regulated separately outside the Criminal Code in certain criminal acts, such as narcotics crimes, corruption crimes, and crimes related to serious human rights in accordance with the provisions of the Supreme Court Circular as a guideline Afor justice. The imposition of special minimum sentences on defendants by the panel of judges, both in judex facti and judex juris, is purely based on the inner attitude of the panel of judges who make a benchmark based on the legal facts in the case. The application of special minimum sentences on Occused in Article 114 paragraph (1) of Law Number 35 of 2009 concerning Narcotics is regulated in Supreme Court Practice Direction Number 3 of 2023 with reference to Supreme Court Practice Direction Number 4 of 2010 as fulfilling the requirements for imposing special sentences in narcotics criminal cases, often applied by the panel of judges to provide opportunities for drug addicts to rehabilitate. This difference in decisions is what, in its measurement, has a significant impact on sentencing, known as disparity. Although judges' decisions have permanent legal force and are considered correct, deviations in deciding cases that do not comply with applicable laws and judicial guidelines occurred in Supreme Court Decision No. 47221 K/Pid.Sus/2025, thus obscuring the validity of the principle of legal certainty.
Copyright (c) 2026 Arwen Tirara Ary, Gelar Ali Ahmad http://creativecommons.org/licenses/by-nc-sa/4.0
SANKSI PADA TINDAKAN MEMPERTONTONKAN DIRI DI MUKA UMUM YANG MENGGAMBARKAN KETELANJANGAN DIKAITKAN ASAS KEMANFAATAN HUKUM
The right to health is a fundamental right for every individual, encompassing physical, mental, and social well-being, as stipulated in Article 4 paragraph (1) letter a of Law Number 17 of 2023 concerning Health. However, in reality, based on a survey conducted by the Indonesia - National Adolescent Mental Health Survey (I-NAMHS) in 2022, some individuals experience mental disorders in the form of behavioral disorders, one of which is exhibitionism. This disorder is characterized by a persistent or recurrent tendency to suddenly expose one's genitals to strangers in public places. This study aims to determine whether imposing prison sentences on individuals who openly expose themselves in a manner that depicts nudity is contrary to the principle of legal benefit and to examine whether such individuals can be subject to rehabilitation. The research method used is normative legal research, with a juridical approach, a conceptual approach, and a case approach. The results of the study show that although imprisonment can provide benefits in the form of public safety and satisfaction (happiness for the community), it fails to provide therapeutic benefits for perpetrators who suffer from exhibitionism. Perpetrators can be sentenced to rehabilitation if their actions are categorized as non-physical sexual abuse, as stipulated in Law Number 12 of 2022 concerning Sexual Violence Crimes.
Copyright (c) 2026 Surya Wahyu Utomo, Emmilia Rusdiana http://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS PUTUSAN PENGADILAN NEGERI STABAT NOMOR 92/PID.SUS/2021/PN.STB DENGAN HAK TERDAKWA DAN ASAS KEMANFAATAN
In the Decision of Stabat District Court Number 92/Pid.Sus/2021/PN.Stb, the judge imposed a two-year prison sentence on the defendant who committed the offense of drug abuse of Class I narcotics for personal use under Article 127 paragraph (1) of Law Number 35 of 2009. The problem in this decision relates to the principle of utility, given that utility is one of the objectives of law, alongside justice and legal certainty, which should be realized in every decision. The problem is also evident from the imposition of a prison sentence without the provision of rehabilitation, even though the defendant is a drug abuser for personal use who normatively has the right to rehabilitation. This research aims to analyze the judge's decision based on the principle of utility and the fulfillment of rehabilitation requirements. The research method used is normative juridical with a conceptual approach, legislative approach, and case decision study. The research results show that imprisonment does not provide optimal benefits for the defendant and the defendant has met the requirements to obtain rehabilitation. In conclusion, the decision does not reflect the principle of utility and demonstrates a disregard for the defendant's rehabilitation rights as a drug abuser for personal use.
Copyright (c) 2026 Zoya Alfrida, Pudji Astuti http://creativecommons.org/licenses/by-nc-sa/4.0
IMPLEMENTASI PASAL 6 AYAT (3) PERKAPOLRI NOMOR 2 TAHUN 2017 DALAM PEMBERIAN BANTUAN HUKUM DI POLDA JAWA TIMUR
The provision of legal aid for members of the Indonesian National Police constitutes a form of institutional legal protection aimed at ensuring legal certainty and justice in the performance of police duties. Article 6 paragraph (3) of the Regulation of the Chief of the Indonesian National Police Number 2 of 2017 regulates the limitations and criteria for granting legal aid, particularly concerning the relationship between the actions of police officers and the execution of official duties. In practice, the application of this provision presents challenges, especially in determining the grounds for accepting or rejecting legal aid applications. This study aims to analyze the implementation of Article 6 paragraph (3) of the Regulation of the Chief of the Indonesian National Police Number 2 of 2017 within the Legal Affairs Division of the East Java Regional Police and to examine the considerations used in accepting or rejecting legal aid applications submitted by police officers. The research employs an empirical legal research method with a juridical-empirical approach. Data were collected through in-depth interviews, observation, and document analysis. The data analysis technique was qualitative, involving data reduction, data presentation, triangulation, and conclusion drawing. The findings indicate that the implementation of Article 6 paragraph (3) has generally been conducted in accordance with normative provisions, particularly in procedural and administrative aspects. However, there remains interpretative discretion in assessing the connection between police officers’ actions and their official duties, which may lead to differing evaluations.
Copyright (c) 2026 Ashylla Sista Lingga, Gelar Ali Ahmad http://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS PUTUSAN HAKIM No. 848 / Pid.Sus / 2023 / PN. Jkt.Pst. TENTANG PEMERIKSAAN TUBUH PADA FINALIS MISS UNIVERSE INDONESIA 2023
The body inspection case on August 1, 2023, in Jakarta involved defendant Andaria Sarah Dewia, who ordered finalists to undress nearly nude, strike uncomfortable poses, and be photographed in a semi-open CCTV-equipped room without standard operating procedures (SOP) or formal consent, causing psychological trauma to victims like Natasha, Lola, and others. This phenomenon reflects women’s exploitation in the beauty industry, where a single act fulfilled concursus idealis under Article 63 (1) of the Criminal Code, violating the Sexual Violence Crimes Law (Article 14 (1), Electronic Information and Transactions Law (Article 27 (1), and Pornography Law (Article 4 (1); however, the judge applied only the Sexual Violence Crimes Law, imposing 1 year 4 months imprisonment, a Rp100 million fine, and Rp738,877,500 restitution via LPSK. This research is crucial to critique cumulative law application and the expediency principle (asas kemanfaatan). The study analyzes the defendant’s act as concursus idealis and the judge’s considerations alignment with expediency (restitution, deterrence, victim recovery). Employing normative juridical methods (statutory/case approaches), primary materials (court decisions, laws) and secondary sources (books, journals), library research, and descriptive qualitative juridical analysis. Findings confirm the act meets concursus idealis with appropriate absorption (Sexual Violence Crimes Law as lex specialis); the judge fulfilled legal certainty (photo/witness evidence), justice (trauma), and expediency (restitution). Conclusion single application formally correct, cumulative more optimal. Recommendations cumulative prosecution by prosecutors, multiple offenses by judges, MUID privacy SOP.
Copyright (c) 2026 Mirza Nabila Putri, Pudji Astuti http://creativecommons.org/licenses/by-nc-sa/4.0
IMPLENTATION OF ARTICLE 302 OF THE CRIMINAL CODE ABOUT ANIMAL ABUSE (CASE STUDY AT SURABAYA METROPOLITAN POLICE)
Animal abuse is a form of crime that still frequently occurs in society, but in practice there is still no adequate legal protection. The Criminal Code (KUHP) through Article 302 regulates the prohibition of animal abuse, but in practice, law enforcement still faces various obstacles. This study aims to determine and analyze the implementation of Article 302 of the Criminal Code in handling criminal acts of animal abuse in the jurisdiction of the Surabaya Metropolitan Police (Polrestabes Surabaya), as well as to identify the factors that hinder law enforcement against perpetrators of animal abuse. This study uses empirical legal research methods with a socio-juridical approach. The data used consists of primary data obtained through interviews with law enforcement officials at the Surabaya Police Headquarters, as well as secondary data in the form of laws and regulations, legal literature, scientific journals, and other supporting documents. Data collection techniques were carried out through interviews, documentation, and literature studies, which were then analyzed qualitatively. The results of the study show that the implementation of Article 302 of the Criminal Code at the Surabaya Metropolitan Police has not been optimal. Cases of animal cruelty are still considered minor crimes, so the penalties imposed have not had a deterrent effect on perpetrators. In addition, low public awareness of the law and difficulties in proving crimes through restorative justice mechanisms are major obstacles to law enforcement.
Copyright (c) 2026 Nabila Wildana Salsabila Roy Abidin, Gelar Ali Ahmad, S.H., M.H. http://creativecommons.org/licenses/by-nc-sa/4.0
PENEGAKAN HUKUM TERHADAP PELANGGARAN PASAL 11 PERATURAN DAERAH NOMOR 8 TAHUN 2010 TENTANG PENYELENGGARAAN KETENTRAMAN DAN KETERTIBAN UMUM DI KOTA MADIUN
This study examines the enforcement of Article 11 of Madiun City Regional Regulation (Perda) Number 8 of 2010 concerning Public Peace and Order. The urgency of this research stems from the persistent occurrence of public order violations despite the regulation's existence, raising questions about the effectiveness of its criminal sanctions and the practical implementation of law enforcement. Using a qualitative approach with a sociological juridical method, data were collected through in-depth interviews with the Madiun City Civil Service Police Unit (Satpol PP), documentary studies of violation handling statistics (2024-2025), and legal material analysis. The findings reveal that law enforcement prioritizes non-judicial, persuasive approaches such as coaching, socialization, and inter-agency coordination before resorting to criminal sanctions. This strategy has proven effective in reducing specific violations like illegal advertising and street children cases. However, major challenges include the socio-economic vulnerability of offenders, low public legal awareness, and limited operational resources. The stipulated criminal sanctions (maximum 3 months imprisonment or a Rp5,000,000 fine) are deemed suboptimal in creating a deterrent effect. The study concludes that the integration of persuasive measures is more impactful than punitive sanctions alone, highlighting the need for a more holistic, social problem-solving approach in regional law enforcement.
Copyright (c) 2026 Ignatius Enggarjati Kusuma, Muh. Ali Masnun http://creativecommons.org/licenses/by-nc-sa/4.0
ANALISIS YURIDIS REGULASI IMPOR BARANG PADA USAHA JASA TITIP BELI DITINJAU DARI PERATURAN KEPABEANAN
Personal shopping services for importing goods from abroad have proliferated amid the digitalization of e-commerce in Indonesia, yet they generate inconsistencies with customs regulations under Law No. 17 of 2006 on Customs and Minister of Finance Regulation No. 203/PMK.04/2017 on Provisions for Imports of Goods Carried by Passengers, Transport Crews, Border Crossers, and Consignments. This research analyzes import regulations in jastip practices from the perspectives of customs law and civil law, identifies normative discrepancies with the implementation of jastip agreements as consensual and remunerative contracts per Article 1313 of the Indonesian Civil Code (KUHPerdata), and proposes regulatory refinements. A normative juridical approach is applied via secondary analysis of legislation, contract law doctrines, and empirical jastip practices. Findings reveal that jastip agreements are frequently classified as deposits (Article 1694 KUHPerdata) or commissions (Article 1618 KUHPerdata), but disguising commercial imports as personal goods results in contractual breaches (wanprestasi), customs duty evasion, and civil liability risks for consumer or state losses. Recommendations include a dedicated framework integrating fiscal duties with civil aspects, such as standardized jastip contract clauses and civil dispute resolution mechanisms
Copyright (c) 2026 Edri Apriyano Situmorang, Dita Perwitasari http://creativecommons.org/licenses/by-nc-sa/4.0
PERLINDUNGAN HUKUM TERHADAP PERSEROAN TERBATAS ATAS PENGGUNAAN NAMA PERSEROAN TERBATAS OLEH PIHAK LAIN DALAM PENGGUNAAN APLIKASI UANG ELEKTRONIK
Technological developments in the financial sector have led to the emergence of financial technology, which supports the ease of digital-based transactions, including electronic money applications. However, this has also given rise to problems related to unregistered accounts, leading to the misappropriation of legal entity names. This study examines the legal protection of Limited Liability Companies (LLCs) for the use of PT names by other parties to open accounts through electronic money applications. The method used in this study is normative legal research with a statute approach and a conceptual approach. The legal materials used include relevant laws and regulations, legal literature, expert doctrines, and supporting data obtained from the case documents studied. The results show that normatively, protection of Limited Liability Company names is regulated in the Limited Liability Company Law and subsequently in Financial Services Authority Regulation Number 22 of 2023 concerning Consumer and Community Protection in the Financial Services Sector. However, the implementation of this protection has not been effective, primarily due to weak identity verification mechanisms in electronic money applications, particularly the unregistered account category, which allows registration without validating legal entity documents. Legal remedies available to Limited Liability Companies include non-litigation alternative dispute resolution institutions in the financial services sector, and civil remedies, or litigation, through lawsuits for unlawful acts (PMH). This research underscores the need to improve legal entity identity verification standards for e-money providers and implement stricter regulatory oversight
Copyright (c) 2026 Lisa Putri Amalia, Mahendra Wardhana http://creativecommons.org/licenses/by-nc-sa/4.0
PENANGGULANGAN TINDAK PIDANA PENCABULAN TERHADAP ANAK DI KEJAKSAAN NEGERI SURABAYA KOTA SURABAYA
This research aims to analyze the implementation of Article 82 in conjunction with Article 76E of the Republic of Indonesia Law Number 17 of 2016 on Child Protection in addressing criminal acts of child molestation at the Surabaya District Attorney’s Office. This study also examines the obstacles faced by Special Child Public Prosecutors in the law enforcement process and formulates strategic efforts to overcome such challenges. The research method employed is an empirical juridical approach, which combines a juridical analysis through the examination of relevant laws and regulations, including Law Number 35 of 2014 on Child Protection and Law Number 16 of 2004 on the Indonesian Prosecutor’s Office, with an empirical analysis of law enforcement practices carried out by Public Prosecutors in handling cases of child molestation. The results of the study indicate that the implementation of Article 82 in conjunction with Article 76E of Law Number 17 of 2016 in prosecuting child molestation cases at the Surabaya District Attorney’s Office has generally been carried out consistently and in accordance with the prevailing positive legal provisions. Public Prosecutors have fulfilled both formal and material legal requirements in the prosecution process and have emphasized the principles of legal certainty and child protection for child victims of criminal acts.
Copyright (c) 2026 Dimas Setya Pambudi, Pudji Astuti http://creativecommons.org/licenses/by-nc-sa/4.0
TINJAUAN YURIDIS TERHADAP PENJATUHAN SANKSI PIDANA BAGI ANAK PELAKU TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR 5/PID.SUS-ANAK/2023/PN BPP)
This study analyzes the conformity of sentencing against a child offender in a narcotics case with the provisions of the Indonesian Juvenile Criminal Justice System Law and examines the application of child protection principles in judicial practice. The research focuses on Decision Number 5/Pid.Sus-Anak/2023/PN BPP, in which a child was convicted for possession of narcotics and sentenced to imprisonment and a fine. This research uses a normative legal method with statutory and case approaches to assess the consistency between legal norms and the court’s reasoning and ruling. The findings show that the imposition of both imprisonment and a fine is inconsistent with Article 71 paragraph (3) of Law Number 11 of 2012, which requires that fines imposed on children be replaced with job training sanctions. In addition, the determination of substitute work for only one month does not meet the minimum period stipulated in Article 78 paragraph (2). The decision also refers to a repealed statute, which weakens legal certainty and indicates inaccuracy in the application of positive law. Furthermore, the court’s preference for imprisonment reflects a punitive orientation rather than a rehabilitative approach. This practice does not fully reflect the principle of the best interests of the child and reduces the emphasis on guidance and protection mandated in the juvenile justice system. The study concludes that the examined decision is not in accordance with the special sentencing framework for children and does not adequately implement child protection principles.
Copyright (c) 2026 Marissa Ifkarina, Vita Mahardika http://creativecommons.org/licenses/by-nc-sa/4.0