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All Journal Journal of Law and Legal Reform Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Semarang State University Undergraduate Law and Society Review
Dewi Sulistianingsih
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia
Law, Crime, Criminology & Criminal Justice

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 1 
The Protection of Economic Rights of Copyright Holders of Musical Works (Study of Decision Number: 464 K/Pdt.Sus-HKI/2024) Dewi Sulistianingsih; Renard Kananda Dipta; Andry Setiawan; Yuli Prasetyo Adhi; Hafiz Rafi Uddin
Semarang State University Undergraduate Law and Society Review Vol. 6 No. 1 (2026): January-June, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v6i1.29733

Abstract

This study is intended to examine the application of protection of the economic rights of copyright holders of musical works of art as regulated in Law Number 28 of 2014 concerning Copyright, with a focus on the study of Supreme Court Decision Number 464 K/Pdt.Sus-HKI/2024. This study uses a normative legal approach by collecting data through literature reviews, laws and regulations, official documents, and other legal sources. The problems studied include the form of protection of economic rights in the copyright of musical works and how the legal considerations of the panel of judges in upholding the principle of this protection. The results of the analysis show that economic rights give creators exclusive rights to utilize, reproduce, distribute, and obtain economic benefits from their works. In this case, the Panel of Judges of the Supreme Court concluded that Rahman Efendi as the creator of the song “Nasib Force One Buruk” had his economic rights harmed by Romli through the song “Obuk Celleng” which without permission composed the lyrics, notation, chords, and arrangements. The Panel of Judges overturned the first instance court’s decision, granted Rahman Efendi’s appeal, ordered the revocation of the registration of the song “Obuk Celleng”, and determined the payment of material and immaterial compensation. However, there is potential for legal friction in the judge’s considerations that do not delve into the substance of the violation and focus more on the letter of registration of the creation.
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.
Agree to Disagree: Understanding the Failure of Mediation Facilitated by Paralegals Yuli Prasetyo Adhi; Triyono Triyono; Dewi Sulistianingsih; Rahmawati Mohd Yusoff
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.35020

Abstract

Mediation is widely recognized as an alternative dispute resolution mechanism that emphasizes consensus and mutually beneficial outcomes. However, mediation does not always result in a settlement agreement. This article examines the factors contributing to mediation failure, particularly in cases facilitated by paralegals. Using socio-legal research combined with qualitative analysis of mediation practices at the International Mediation and Arbitration Center (IMAC), the Indonesian National Arbitration Institute (BANI), the Gunungkidul Regency Government in Yogyakarta, and National Legal Reform Agency (BPHN), this study analyzes the role of paralegals, the dynamics of the disputing parties, and the procedural challenges that lead to deadlock during mediation. The research findings indicate that several factors, including a lack of good faith on the part of the parties, unrealistic expectations, communication barriers, power imbalances, and limited mediator competence, influence mediation failure. This study argues that mediation should not be considered a failure when no agreement is reached, as the process can still provide clarity for the parties and guide them towards alternative legal pathways. This research contributes to the dispute resolution discourse by highlighting the practical challenges faced by paralegals in the mediation process.
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 Andry Setiawan Hafiz Rafi Uddin Michelle Tiffani Michelle Tiffani Dea Nugroho Mochamad Rizqi Zia Ulhaq Mochamad Rizqi Zia Ul’haq Okky Andaniswari Pujiono Pujiono Rahmawati Mohd Yusoff Renard Kananda Dipta Triyono Triyono Yuli Prasetyo Adhi