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All Journal Journal of Law and Legal Reform Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Pujiono Pujiono
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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 1 
Building an Integrated Foreclosure Enforcement System in the Post-Auction Eviction Execution of Mortgage Rights Michelle Tiffani; Mochamad Rizqi Zia Ulhaq; Dewi Sulistianingsih; Pujiono Pujiono
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.41388

Abstract

The post-auction eviction execution of Mortgage Rights objects constitutes a crucial stage in the enforcement of security rights because it determines the effectiveness of the auction winner’s physical possession of the property. However, the Indonesian civil procedural law system still separates auction proceedings and eviction execution into two distinct processes, resulting in procedural uncertainty, additional litigation, and obstacles to enforcement implementation. This study aims to analyze the normative weaknesses and practical problems in the implementation of post-auction eviction execution and to formulate a reform model through the concept of an Integrated Foreclosure Enforcement System. This research employs normative legal research methods using statutory, conceptual, case, and comparative approaches. Legal materials are analyzed qualitatively through systematic, historical, and teleological interpretation. The findings indicate that the use of HIR and RBg as the legal basis for eviction execution is no longer compatible with the needs of modern foreclosure enforcement because they fail to integrate auction proceedings, transfer of rights, and physical possession of the object into a unified enforcement mechanism. Furthermore, weak institutional coordination, the absence of limitations on procedural abuse, and social resistance also contribute to the ineffectiveness of post-auction eviction execution. Based on a comparative analysis with the Netherlands and South Korea, this study proposes the concept of an Integrated Foreclosure Enforcement System emphasizing procedural integration, strengthening enforcement institutions, digitalization of execution administration, limitations on obstructive lawsuits and derden verzet, and a human-rights-based enforcement approach. Such reforms are necessary to establish a foreclosure enforcement system that is effective, certain, equitable, and supportive of the modernization of Indonesian civil procedural law.
Personal Data Protection in the Digital Age: An Analysis of Constitutionalism in E-Commerce Towards Harmonization of Regulations Okky Andaniswari; Dewi Sulistianingsih; Pujiono Pujiono
Pandecta Research Law Journal Vol. 21 No. 2 (2026): December, 2026 (In Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i2.27352

Abstract

The advancement of the digital era has brought significant changes to trade activities, particularly in the shift from conventional trading systems to faster and more precise electronic commerce (e-commerce). The study has revealed this new information regarding personal data protection information. As a result, the national legal system must control the growth of e-commerce while adhering to the strictest constitutional law requirements.  adhere to the strictest requirements of constitutional law while being governed by the national legal system. Law is essential to ensure that consumer rights are upheld and that businesses operate transparently and ethically. This balance will foster trust in e-commerce platforms and encourage their growth in a secure environment. This study uses normative juridical and conducts descriptive-analytical data analysis. It also uses theories, concepts, and principles of digital constitutionalism. This study aims to ascertain and evaluate the degree to which existing legislation offers legal certainty for safeguarding personal information in the context of online transactions. This study will look at current legal frameworks and how well they handle the problems brought on by the quick advancement of e-commerce technology. The results demonstrate that e-commerce rules are still dispersed throughout many laws and regulations, which raises questions about legal ambiguity and the security of personal information in e-commerce transactions.  In order to resolve this difficulty and construct a cohesive and legally sound regulatory framework based on constitutionalism, a special statute that fully regulates electronic commerce must be established.
The Urgency of Registering Land Lease Agreements for Foreign Nationals Michelle Tiffani Dea Nugroho; Mochamad Rizqi Zia Ul’haq; Dewi Sulistianingsih; Pujiono Pujiono
Journal of Law and Legal Reform Vol. 7 No. 3 (2026): July, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i4.59347

Abstract

The increasing use of long-term land lease agreements by foreign nationals in Indonesia has raised significant legal concerns regarding the effectiveness of the nationality principle under the Basic Agrarian Law. Although lease agreements constitute valid contractual relationships under the Indonesian Civil Code, the interaction between private law, agrarian law, investment law, and land administration regulations has created legal gaps and regulatory disharmony that enable foreign nationals to obtain de facto long-term control over land without formally acquiring ownership rights. This study aims to analyse these normative inconsistencies, examine how lease agreements may function as instruments of legal smuggling (fraus legis), and formulate an appropriate regulatory reform model. Employing a normative juridical method based on statutory, conceptual, comparative, and case approaches, this study analyses Indonesian legislation, compares regulatory frameworks in Singapore, Malaysia, and Thailand, and examines the PARQ Ubud case as evidence of the practical consequences of regulatory fragmentation. The findings demonstrate that the principal weakness of the current legal framework lies not in the legality of lease agreements themselves, but in the absence of mandatory registration, limitations on lease duration, and effective administrative supervision. This study contributes to Indonesian agrarian law by reconceptualising legal smuggling beyond traditional nominee arrangements, identifying legal gaps and regulatory disharmony across multiple legal instruments, and proposing a regulatory reform roadmap centred on the mandatory registration of land lease agreements involving foreign nationals to strengthen legal certainty, administrative oversight, and sustainable land governance.
Co-Authors Dewi Sulistianingsih Michelle Tiffani Michelle Tiffani Dea Nugroho Mochamad Rizqi Zia Ulhaq Mochamad Rizqi Zia Ul’haq Okky Andaniswari