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Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Published by Universitas Negeri Semarang
ISSN : 19078919     EISSN : 23375418     DOI : https://doi.org/10.15294/pandecta
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Pandecta Research Law Journal is a scientific legal publication dedicated to exploring contemporary legal issues in Indonesia. Specializing in Indonesian law, this journal consistently publishes a diverse array of articles across various legal domains. With a firm commitment to fostering international collaboration and knowledge exchange, Pandecta Research Law Journal serves as a prominent platform for disseminating legal research findings and facilitating discussions on the dynamic developments in the Indonesian legal landscape. Indonesia, as a developing country, offers a rich and fascinating landscape for legal development studies. Its extensive jurisdiction encompasses a diverse array of factors, including social politics, culture, ethnicity, religion, and local wisdom. These multifaceted influences contribute to the complexity and diversity of legal developments in Indonesia, rendering them both captivating and highly relevant to the international community. The unique interplay of these elements makes legal studies in Indonesia not only interesting but also invaluable for gaining insights into the broader global context and understanding the dynamics of legal systems worldwide.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 41 Documents
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Transfer of Economic Rights of the Author of Works Represented into NFT by Smart Contract Andrade, Timothy Arviando; Hakim, Irfan
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.510

Abstract

This research analyzes intellectual property law in relation to the transfer of economic rights from the author of the intellectual creation represented into the Non-Fungible Token (NFT) to the NFT buyer by a smart contract. The purpose of this research is to examine and comprehend the transfer of economic rights from the author of the intellectual creation represented into the NFT to the NFT buyer by a smart contract. This research approaches the topic from legal perspective, using the normative juridical method. This research will closely examine several relevant the provisions of laws and regulations to identify and analyze the legal issues involved in the transfer of economic rights from the author of the intellectual creation represented into the NFT to the NFT buyer by a smart contract. Research has shown that Article 16 Paragraph (2) of the Copyright Law can be applied to the transfer of economic rights of intellectual creation represented into the NFT by a smart contract, using the argumentum per analogiam method. This means that NFT buyer can enjoy the economic rights listed in Article 9 Paragraph (1) the Copyright Law.
Law Enforcement of Spatial Planning Violations to Support Investment Balance and Environmental Sustainability in the Special Capital Region of Jakarta Nugroho, Wahyu; Syahruddin, Erwin; Fahririn, Fahririn
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.647

Abstract

This study addresses two primary research questions: first, what monitoring mechanisms has the government implemented for business actors regarding spatial use in Jakarta? Second, how is law enforcement concerning spatial planning violations in Jakarta oriented toward environmental sustainability? The objective of this research is to analyze both the supervisory mechanisms and the enforcement practices related to spatial planning violations, aiming to balance investment interests with environmental sustainability in Jakarta. The methodology employed includes normative and empirical juridical research, involving an inventory of relevant regulations and an examination of their enforcement in practice. Data collection is conducted through a sociolegal approach, involving interviews with local government officials and employing qualitative descriptive analysis. The findings reveal that the government’s monitoring mechanisms for business actors in Jakarta involve both active and passive supervision. Passive supervision includes responding to public complaints and reviewing issued permits, such as Environmental Impact Analyses (Analisis Mengenai Dampak Lingkungan, AMDAL). Additionally, preventive measures are implemented through AMDAL and other environmental permits, alongside ongoing environmental monitoring efforts. Active supervision involves field inspections based on a random sampling system of various business activities. Regarding law enforcement for spatial planning violations oriented towards environmental sustainability, the study finds that administrative sanctions are applied, including written warnings, building seizures, demolitions, and the closure of water channels. These sanctions are administered progressively, and law enforcement also integrates community participation.
Legal Protection for Teachers from the Threat of Criminalization in Instilling Student Discipline Budoyo, Sapto; Widodo, Wahyu; Suyadi, Suyadi
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.1046

Abstract

Teachers as professional educators play a crucial role in efforts to educate the life of the Indonesian nation. Increasing the level of criminalization of teachers, due to the act of reporting teachers to the Police in certain cases when teachers are carrying out duties. This study aims to determine and analyze legal protection for teachers in instilling student discipline values from the threat of criminalization and analyze efforts to optimize teacher legal protection from the threat of criminalization in instilling student discipline. The urgency of this study is to see from the perspective of the case of teachers who are suspected of committing criminal acts, teachers as educators in carrying out professional duties are suspected of violating the law or suspected of committing criminal acts, where teachers in that case are carrying out their profession and in this study it is important to do because it is to provide understanding, especially teachers in carrying out their profession when faced with a legal problem. The research used data collection methods, namely mixed methods. Qualitative includes an interview guide for resource persons containing a list of questions or topics to be discussed in the interview. Quantitative is collecting and analyzing data based on numbers and numerical measurements. This approach aims to describe, explain, and test relationships between variables using statistical analysis. The results showed that teachers in carrying out their professional duties have not received maximum legal protection. The final results show that given the large number of cases involving teachers having to deal with the law, this needs to be handled seriously in protecting teachers' laws from the threat of criminalization in carrying out their professional duties and instilling discipline in students.
Interconnection Between Citizenship Education and Law: Understanding the Role of Education in Shaping Community Legal Awareness Purwantiningsih, Ary; Kusnadi
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.1987

Abstract

The interconnection between citizenship and legal education is a relevant phenomenon in the context of forming people's legal awareness. This article aims to understand the role of education in shaping people's legal awareness through analyzing the relationship between citizenship education and legal understanding. The qualitative analysis method of literature studies is used to explore the contribution of citizenship education in increasing legal understanding and awareness among the community. The research results highlight the importance of integrating legal concepts in the citizenship education curriculum to improve society's overall legal understanding. The implications of this interconnection show that citizenship education has an important role in forming better attitudes, values ​​and legal awareness in society. By strengthening the relationship between citizenship education and legal understanding, law-based community development efforts can be significantly enhanced.
Corruption Prevention Efforts in the National Strategic Program Through the Strategic Development Security Program Nasrulloh, Rully; Widyawati, Anis; Nte, Ngaboawaji Daniel
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.2493

Abstract

This research examines the Strategic Development Security Program (SDSP) within Indonesia's National Strategy under President Joko Widodo's administration, focusing on its role in preventing corruption in national and regional strategic projects. The SDSP represents a novel approach that combines strategic development with advanced security frameworks, offering a comprehensive solution to corruption. This study employs normative research methods, including extensive library research, to analyze the SDSP's implementation, particularly the mechanisms established by the Attorney General's Office as outlined in the Guidelines Number 5 of 2023 and Technical Instructions Number B-1450/D/Ds/09/2023. The urgency of this research is underscored by the growing need to enhance transparency and accountability in development efforts, amid rising concerns over corruption's impact on governance and societal welfare. The SDSP's innovative integration of real-time monitoring, risk assessment, and adaptive policy measures is critical in addressing these challenges. The research highlights the effectiveness of the SDSP in securing strategic development projects and its alignment with official guidelines and procedural frameworks designed to prevent corruption. By evaluating the SDSP’s mechanisms and their practical application, this study contributes valuable insights into improving anti-corruption strategies and governance frameworks. The findings aim to inform policymakers, refine anti-corruption efforts, and offer a model for similar initiatives globally. The research underscores the importance of adaptive, integrated approaches to safeguarding institutional integrity and promoting sustainable development, thus providing a significant contribution to both national and international anti-corruption discourse.
Access to Safety for Domestic Workers in Indonesia Pramesti, Fahrinda Khansa; Sa'adah, Nabiatatus
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.2732

Abstract

Domestic workers are one of the informal workers in Indonesia who work for individuals in the household who do household work. The constitutional basis for the protection of every worker, including domestic workers, as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia is that every citizen has the right to work and a living worthy of humanity. Article 1 of the Minister of Manpower Regulation Number 2 of 2015 explains that a Domestic Worker (PRT) is someone who works for an individual in a household to carry out household work by receiving wages and/or other forms of compensation. This research aims to analyze the urgency of work safety for domestic workers in Indonesia and determine the implementation of legal protection for domestic workers in gaining access to work safety. This research method uses normative juridical. Occupational safety and health are procedures that exist in work, covering the whole, namely not only the occupants of the house but there are conditions and factors that have an impact on the safety and health of both domestic workers and people in the workplace. From the research results, it can be concluded that with the potential for danger, it is necessary to regulate Occupational Safety and Health (K3) for domestic workers to create comfortable, effective and safe conditions.
A Double-Edged Sword? Legal Certainty and the Perils of Authority in Indonesia’s Draft Asset Deprivation Act Hisbul Luthfi Ashsyarofi; Arfan Kaimuddin; R.B. Muhammad Zainal Abidin; Bastomi, Ahmad
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.2939

Abstract

The urgency of enacting the Draft Asset Deprivation Act in Indonesia stems from the need to recover assets linked to criminal activities, even in the absence of a conviction. This approach is seen as a preventive measure to safeguard illicitly acquired assets; however, its implementation raises serious legal concerns. The potential violation of property rights—recognized as fundamental human rights—poses risks to justice and legal certainty. The lack of clear procedural safeguards could lead to authority abuse, arbitrary asset seizures, and disproportionate impacts on individuals. This study identifies critical inconsistencies within the draft law. First, the phrase "asset deprivation is only carried out once" in the explanation of Article 3 contradicts Article 5(1)(c), which allows additional asset deprivation if previously seized assets are insufficient. This antinomy undermines legal certainty and fairness. Second, Article 56 permits the auctioning of assets before a final court decision without specifying clear conditions for its application. The absence of rigid legal criteria opens avenues for abuse of authority, further exacerbating risks of injustice. The novelty of this research lies in its critical legal analysis of these contradictions and their implications for property rights and procedural fairness. This research contributes to the global discourse on asset deprivation laws by critically examining the tension between crime prevention and fundamental human rights. The study highlights how ambiguities in legal drafting and the absence of clear procedural safeguards can lead to authority abuse, a challenge faced by many jurisdictions implementing non-conviction-based asset forfeiture (NCB) frameworks. By comparing Indonesia’s Draft Asset Deprivation Act with international best practices, this research offers valuable insights into the legal balance between state power and individual rights, which is crucial in developing laws that do not unduly compromise fundamental freedoms.
Interfaith Marriage and the Submission of One Spouse: Should District Courts Legalize It? Maharani Christy Anggraeni; Nugraheni, Destri Budi; Dzahaby, Ja’far Al
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.2999

Abstract

This research investigates the legal complexities surrounding interfaith marriages in Indonesia, particularly focusing on the concept of self-submission as outlined in the Supreme Court's fatwa Number 231/PAN/HK.05/1/2019. The study explores the validity of interfaith marriages from the perspective of Islamic, Christian, Catholic, Buddhist, Hindu, and Confucian religious laws. It also examines the role of district court judges in determining the validity of such marriages based on self-submission. The findings reveal significant disparities in legal interpretations, with judges who support the legalization of interfaith marriages considering them valid when conducted according to religious procedures that permit interfaith unions. However, judges opposing such marriages reference the prohibitions inherent in the religious laws of one of the spouses. The novelty of this research lies in its analysis of the intersections between religious law and civil law in determining the validity of interfaith marriages in Indonesia, especially the concept of self-submission. The study underscores the urgency of creating a clear, unified legal framework that addresses interfaith marriages, balancing respect for religious beliefs with the need for legal certainty. Nationally, this research contributes to ongoing debates about religious freedoms, marriage equality, and the role of the judiciary in interpreting religious norms within the broader legal system. Globally, it adds to the discourse on how countries with diverse religious populations navigate the intersection of tradition, modernity, and legal recognition of interfaith unions, offering comparative insights into the challenges faced by similar jurisdictions.
Politics and International Environmental Law in Global Perspective Atika Sari, Diah Apriani; Triatmodjo, Marsudi; Purwanto, Harry
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.3115

Abstract

Global environmental politics refers to the ways in which politics is practiced in various places to change or protect the environment. This means that global environmental issues and related political activities can occur at local, national, transnational, regional, or international levels, depending on the location, scale, or environmental issues being addressed. This research is normative, by a conceptual approach derived from several approaches of international legal and political theory. Environmental politics also transforms state practices in understanding state sovereignty and the international system. State sovereignty is often cited as a reason that limits the development of a country’s environmental policies. Globalization creates a debate between sovereignty and the influence of national interests in policy-making. Political authority is expressed as sovereignty, making it very challenging to reach agreements on global environmental issues when they conflict with national interests. Nevertheless, global politics offers opportunities for international cooperation in addressing global environmental problems.
Ratio Decidendi of Judges Decisions on Grondkaart Land Disputes in Indonesia Masykur, Mohammad Hamidi; Khoironi, Moh. Lu'ay; Jimmy Firmansyah; Apriyas Munik
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.3847

Abstract

The impact of the existence of Grondkaart Land throughout Indonesia in its development has led to conflicts that can be classified into 4 (four): first, between the community and PT KAI; second, Indigenous people with PT KAI; third, City/Regency Government with PT KAI; and fourth, Sultanate/Palace with PT KAI. In general, community members who have controlled and utilised the Grondkaart land for many years feel they have the right to apply for property rights to the local Land Office.  Meanwhile, PT KAI continues to maintain that these lands are legitimate PT KAI assets based on the history of the Indonesian Nation which gave birth to the Land Map or Grondkaart as evidence of land control instructions by PT KAI. in this research, a normative juridical research method is used by using several approaches, namely the Statute Approach (Legislation Approach), Conceptual Approach (Concept Approach), Case Approach (Case Approach), and Comparative Approach (Comparative Approach) by using descriptive analytical methods that aim to describe precisely. From this, it causes a lawsuit in court as the final estuary where to seek justice, but the Court Institution which is expected to be a place to find justice actually has a difference in views / Disparity between Judges in viewing Grondkaart Land evidence so as to cause legal uncertainty. From this legal uncertainty

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