Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
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.
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<![CDATA[Transfer of Economic Rights of the Author of Works Represented into NFT by Smart Contract ]]>
<![CDATA[Andrade, Timothy Arviando]]>;
<![CDATA[Hakim, Irfan]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.510
<![CDATA[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.]]>
<![CDATA[Law Enforcement of Spatial Planning Violations to Support Investment Balance and Environmental Sustainability in the Special Capital Region of Jakarta ]]>
<![CDATA[Nugroho, Wahyu]]>;
<![CDATA[Syahruddin, Erwin]]>;
<![CDATA[Fahririn, Fahririn]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.647
<![CDATA[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.]]>
<![CDATA[Legal Protection for Teachers from the Threat of Criminalization in Instilling Student Discipline ]]>
<![CDATA[Budoyo, Sapto]]>;
<![CDATA[Widodo, Wahyu]]>;
<![CDATA[Suyadi, Suyadi]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.1046
<![CDATA[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.]]>
<![CDATA[Interconnection Between Citizenship Education and Law: Understanding the Role of Education in Shaping Community Legal Awareness ]]>
<![CDATA[Purwantiningsih, Ary]]>;
<![CDATA[Kusnadi]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.1987
<![CDATA[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.]]>
<![CDATA[Corruption Prevention Efforts in the National Strategic Program Through the Strategic Development Security Program ]]>
<![CDATA[Nasrulloh, Rully]]>;
<![CDATA[Widyawati, Anis]]>;
<![CDATA[Nte, Ngaboawaji Daniel]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.2493
<![CDATA[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.]]>
<![CDATA[Access to Safety for Domestic Workers in Indonesia ]]>
<![CDATA[Pramesti, Fahrinda Khansa]]>;
<![CDATA[Sa'adah, Nabiatatus]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.2732
<![CDATA[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.]]>
<![CDATA[Ratio Decidendi of Judges Decisions on Grondkaart Land Disputes in Indonesia ]]>
<![CDATA[Masykur, Mohammad Hamidi]]>;
<![CDATA[Khoironi, Moh. Lu'ay]]>;
<![CDATA[Jimmy Firmansyah]]>;
<![CDATA[Apriyas Munik]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.3847
<![CDATA[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]]>
<![CDATA[Model of Supervision of Unregistered Community Organisations in Order to Realise Legal Certainty in Indonesia ]]>
<![CDATA[Dyanata, Nandu]]>;
<![CDATA[Budiono, Abdul Rachmad]]>;
<![CDATA[Anshari, Tunggul]]>;
<![CDATA[Djatmika, Prija]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.4179
<![CDATA[As social creatures, humans have a tendency to live in society and organise their lives, which is guaranteed by the constitution, which provides guarantees for association and organisation. This freedom has implications where currently there are many community organisations that exist with various objectives, the existence of community organisations themselves in the country has been far more advanced in its work to empower the community. The problem is that CSOs currently have two forms, namely registered and unregistered, so there are problems in supervision. The variety of mass organisations gave birth to various groups, one of which was based on religious ideology, such as Hizbut Tahrir Indonesia (HTI) which was dissolved on 19 July 2017. The Law on Mass Organisations affirms the principles that must be used in the establishment of mass organisations, one of the prohibitions is that mass organisations must not conflict with Pancasila and the 1945 Constitution. However, there is no definite formulation regarding the indicators of being contrary to Pancasila or Anti- Pancasila. Various restrictions are displayed in the form of prohibitions that show the existence of the existence of a mass organisation law. However, the application of the law should have a balance of inherent matters, namely between rights and obligations.]]>
<![CDATA[Law Responsible in the Development of Local Rules on the Tourism Health in Magelang City ]]>
<![CDATA[Suwandoko, Suwandoko]]>;
<![CDATA[Winanta, Rizza Arge]]>;
<![CDATA[Perdana, Bonifasius Endo Gauh]]>;
<![CDATA[Hardyati, Desty Puteri Hardyati]]>;
<![CDATA[Kusuma , Trisma Arindhita]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.5681
<![CDATA[The right to health in tourism places is very necessary to guarantee the right to health for tourists. Health insurance at tourist attractions aims to prevent and overcome unexpected events that will have a negative impact on tourists' health. Tourism management in Magelang City does not have regulations related to tourism health. So, the Magelang City Government needs to prepare regional regulations regarding health tourism, which have a responsive legal character, namely according to community needs and there is community participation in every drafting process. This research aims to analyze the urgency of forming regional regulations on tourism health in Magelang City and the role of responsive law in forming regional regulations on tourism health in Magelang City. The type of research is empirical juridical research, the data sources are primary data and secondary data, the data analysis technique is the interaction analysis model. Research results the urgency of forming regional regulations regarding tourism health in Magelang City is in line with the right to health at tourist attractions based on philosophical, sociological and juridical aspects to guarantee the right to health for tourists, the community around tourist attractions, and tourist attraction managers. The role of responsive law in the formation of regional regulations on tourism health in Magelang City refers to the importance of the community participating in the formation of regional regulations on tourism health, in which case the regional regulations formed have a responsive character.]]>
<![CDATA[Optimization of E-Litigation in the Settlement of Divorce Cases at the Bangkinang District Court ]]>
<![CDATA[Hanifah, Mardalena]]>;
<![CDATA[Pascadinianti, Meidana]]>;
<![CDATA[Triyananda, Maulidya]]>;
<![CDATA[Firmanda, Hengki]]>;
<![CDATA[Lestari, Rika]]>;
<![CDATA[Putra, Setia]]>
<![CDATA[ Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024 ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.vol19i1.6434
<![CDATA[The presence of E-Litigation, a Supreme Court innovation to merge procedural law with technology, reflects Indonesian judicial administration in the digitalization era. The existence of E-Litigation as a practical application of the principle of simplicity, speed, and cheap cost is not yet optimal. The Supreme Court Regulation Number 1 of 2019 on Electronic Court Case Administration regulates e-litigation proceedings. Improvements have been made to the legislation. Based on the foregoing, it is judged necessary and urgent to investigate optimizing e-litigation in the settlement of divorce cases at the Bangkinang District Court. The study sought to explain the effectiveness of e-litigation in resolving divorce cases at the Bangkinang District Court. Sociological legal research is an empirical study that seeks to uncover theories about the incidence of law in society. The data was gathered through interviews with judges Syofia Nisra, Ersin, and Aulia Fhatma Whidhola. Not only are the rules for e-litigation processes being reviewed, but so are the hurdles to e-litigation settlement of divorce cases at the Bangkinang District Court. This study is likely to make a significant contribution to legal innovation in the subject of civil procedure law. The settlement of divorce cases through e-litigation will alter the practice of litigating in court. The notion of complicating divorce is analogous to an emergency door on an airplane that should not be utilized unless necessary to overcome a problem. E-litigation processes at the Bangkinang Court have not gone smoothly because the parties do not comprehend and lack suitable electronic gadgets, even though the Court already possesses all of the necessary equipment and facilities.]]>
