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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 15 Documents
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Search results for , issue "Vol. 20 No. 1 (2025): June, 2025" : 15 Documents clear
Legal Protection For Informal Workers In Realizing Decent Work To Achieve The Sustainable Development Goals Imam Budi Santoso; Wiwin Triyunarti; Farhani, Athari; Faiqah Nur Azizah
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.11714

Abstract

Goal 8 of the Sustainable Development Goals aims to promote inclusive and sustainable economic development, provide full and productive employment, and ensure decent work for all individuals. Regrettably, in Indonesia, the concept of decent work encompassing social security, workers' rights, social dialogue, and employment is exclusively applicable to the formal economic sector, neglecting the informal economic sector, which comprises unregulated wage workers, employers, and homeworkers. Indeed, informal economic development is a fundamental foundation of the nation's economy. Achieving this type of decent work is a goal for sustainable development and would help support a lasting economy, as stated in Article 28, paragraph (2) of the constitution. This research seeks to examine the legal safeguards for labor and decent work, the realization of labor rights post-labor legislation, and the correlation between employment and sustainable development. The research methodology used is normative, using both a conceptual framework and an analysis of laws and regulations. This study's findings indicate a correlation between employment and sustainable development. An adept workforce may expedite the nation's developmental trajectory, enabling it to compete with more advanced nations. The results will positively influence the process of entering new markets.
Legal Framework of Indonesia’s Energy Transition: Regional Autonomy and Chinese Investment in Green Development Adi, Emmanuel Ariananto Waluyo; Ong, William; Siombo, Marhaeni Ria
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.12199

Abstract

In response to global efforts to reduce greenhouse gas emissions, Indonesia is promoting the adoption of electric vehicles (EVs), particularly battery-based electric motor vehicles (KBLBB), most of which are imported from China. This initiative aligns with the national commitment to achieve Net Zero Emissions by 2060 and transition from fossil fuels to renewable energy. The government has issued several legal instruments, including Presidential Decree No. 79 of 2023 and Presidential Instruction No. 7 of 2022, the latter mandating the use of KBLBB for official vehicles by regional governments. However, implementation at the regional level remains limited. Despite their potential as role models, local governments have not widely adopted KBLBB, in contrast to the central government. This discrepancy is attributed to the non-binding nature of presidential instructions and the autonomy granted to regional governments under Indonesia's decentralization framework. Using a normative juridical method with statutory and conceptual approaches, this study analyzes the effectiveness and legal enforceability of these policies. The key issue lies in the normative authority of presidential regulations versus local autonomy. The study argues that achieving a just and inclusive energy transition requires equitable adoption of KBLBB across all regions. Where regional governments face financial or infrastructural constraints, central government support is essential. Encouraging foreign particularly Chinese investment could accelerate infrastructure development and expand access to EV technology nationwide. Strengthening legal mandates and enhancing intergovernmental coordination are critical to advancing Indonesia’s sustainable transportation agenda
Initiating a Marketing Mix in The Regulation of The Sale of State-owned Assets Trisulo, Tri; Budi Susilo
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.13221

Abstract

State properties (BMN) that are auctioned do not always sell well at the first opportunity. Failure in the first auction could have an impact on the increasingly uneconomic value of the BMN because the condition can get worse/obsolete. This condition triggers the idea of implementing a marketing mix in regulations so that BMN sales are more optimal. This is legal research, intending to analyze the implementation of the principle "economically more profitable for the country", as well as analyzing the marketing mix as an aspect that can be considered in regulations, especially in the BMN sales process. This study uses a normative juridical method with a conceptual approach. Using primary legal materials and secondary law, processed and analyzed qualitatively, reinforced by the opinions of expert sources. The results of the study found that the 7 aspects of the marketing mix (product, price, place, promotion, people, physical evidence, and process) do not conflict with the principle "economically more profitable for the country". Overall, the marketing mix deserves to be considered in the sale of state-owned goods to be abolished.  Sales of BMN with the application of a marketing mix according to marketing principles are expected to increase the potential for state revenues, and legally be more adaptive to the community. 
Strengthening Legal Certainty of Marriage Contract (Ijab Kabul ) via Telecommunications in the Digital Era and Its Alignment with Sustainable Development Goal : Case of Indonesia Muhyidin; Setyawan, Budi; mohiddin, Mas nooraini hj; Setyowati, Ro’fah; Musyafah, Aisyah Ayu; Sarono, Agus; Islamiyati
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.13645

Abstract

This research investigates the legal implications and challenges of adapting ijab kabul (Islamic marriage contract) to the digital era in Indonesia. The rise of telecommunications technologies—especially video calls—has enabled remote marriages during the COVID-19 pandemic and in geographically separated contexts. While digital ijab kabul offers efficiency and broader access, questions persist regarding its legal validity, potential for fraud, and regulatory ambiguity. Currently, Indonesia’s Marriage Law No. 1 of 1974 requires physical presence for marriage to be legally valid. However, the Indonesian Ulema Council (MUI) has issued a fatwa allowing digital ijab kabul under specific conditions: real-time audiovisual communication, verified identities, and a shared session (ittihad al-majlis). These criteria demonstrate partial acceptance of digital presence under Islamic law, yet lack binding legal force. Using a normative juridical approach, this study analyzes statutory law, Islamic legal doctrines, and international comparisons with countries like Malaysia, Saudi Arabia, and the UAE. These nations have developed legal frameworks for digital marriage by enforcing identity verification (biometrics, e-signatures) and procedural integrity. The study proposes that Indonesia revise Article 26 of the Compilation of Islamic Law (KHI) to explicitly recognize digital ijab kabul, harmonizing it with Law No. 11/2008 on Electronic Information and Transactions (ITE Law). By formally acknowledging digital presence within ittihad al-majlis, Indonesia can ensure greater legal certainty and protect vulnerable parties. This legal reform supports Sustainable Development Goal (SDG) 16 by promoting access to justice, enhancing legal institutions, and fostering trust in digital innovations within religious and civil legal systems.
Digital System Innovation to Strengthen the Constitutional Court in Managing Simultaneous Election Disputes Indonesia Tarmudi; Saragih, Geofani Milthree; Fauzan Ghafur; Indana Zulfah; Zean Via Aulia Hakim
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.13748

Abstract

This study examines the overburdening of the Constitutional Court (MK) due to the high volume of regional head election (pilkada) disputes, which has led to case backlogs, reduced legal efficiency, and increased state expenditures. Although institutions like Bawaslu and PTUN also have authority to resolve these disputes, many cases are submitted directly to MK, bypassing other mechanisms. Using a normative juridical method that includes legal analysis, historical context, comparative law, and case studies, the research evaluates previous dispute resolution practices and proposes a digitalization-based reform. Key challenges identified include procedural inefficiencies, high costs, and a lack of institutional coordination. The current system is viewed as suboptimal, with many disputes producing outcomes that fail to satisfy parties involved. To address these issues, the study proposes a digital platform aimed at streamlining the resolution process through integrated case registration, document submission, and inter-agency coordination. This system would reduce MK’s caseload, cut operational costs, and enhance transparency and accountability via real-time monitoring. By reinforcing the roles of Bawaslu and PTUN, the platform could help redistribute dispute resolution authority more effectively. The study concludes that digital transformation offers a viable solution to improve the efficiency, fairness, and cost-effectiveness of pilkada dispute resolution in Indonesia.
Effectiveness of Patent License Arrangements in Encouraging Technology Transfer in Indonesia Thalib, Nur Aisyah; Thalib, Abd
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.13764

Abstract

Patent licensing is an important instrument in promoting technology transfer, especially in developing countries like Indonesia. However, the implementation of patent licensing still faces various challenges, both from the regulatory side and in practice on the ground.This study aims to evaluate the effectiveness of patent licensing legal regulations based on Law Number 13 of 2016, as well as to identify structural and institutional barriers in its implementation. Using a normative legal approach complemented by empirical literature studies, this research found that the lack of detailed regulations regarding the substance of licenses and the weak government oversight are the main obstacles. Derivative regulations and the strengthening of reporting and evaluation mechanisms are needed so that patent licenses truly function as a means of sustainable and fair technology transfer.
The Authority of the Deposit Insurance Corporation as a Neo Lender of Last Resort: Prudential Principles and Risk Management from the Perspective of Monetary Constitutionalism Asmara, Teguh Tresna Puja; Susanto, Mei; Adhihernawan, Muhammad Yoppy
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.14220

Abstract

Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector has given a new authority to the Deposit Insurance Corporation (LPS) to place funds in order to handle bank liquidation problems. This authority makes LPS like a neo Lender of Last Resort (LoLR) institution that the central bank generally plays. The placement of funds by LPS can pose a great risk considering that the bank that receives the placement of funds falls into the category of banks under the restructuring of the Financial Services Authority (OJK) and does not meet the requirements of receiving loans or short-term liquidity financing from Bank Indonesia (BI). The research shows that: first, the authority of LPS as a neo LoLR in the form of fund placement can still be debated because it creates a double LoLR that is not in accordance with the principle of division and separation of powers. However, in a historical perspective, the authority to place LPS funds has existed since the mass economic crisis conditions caused by COVID-2019 with the issuance of PP No. 33 of 2020. Second, BI’s short-term liquidity loans or financing have more comprehensive requirements than the requirements for the placement of funds from LPS. These different requirements are very dangerous because they have the potential to ignore the character of predictability and knowledge in monetary constitutionalism. Even if the authority to place LPS funds exists, the implementation must apply the principles of prudence and risk management to anticipate potential unpredictable losses.
Elaboration of Legal Anthropology and Anthropolinguistic Studies on the Existence of the Moronene Tribal Community After the Determination of the Hukaea Laea Traditional Area Alimuddin, Nur Hidayani; Jusafri; Rahmat Alimuddin, Muhammad; Nur Ihsan Halil; Irsan Rahman
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.14321

Abstract

Elaboration of legal anthropology and anthropolinguistic studies places the Moronene indigenous people as speakers who live communally with certain standards in maintaining customs and managing natural resources. This research aims to determine the existence of the Moronene indigenous community after the establishment of the Hukaea Laea customary area and to find the concept resulting from the elaboration of legal anthropology and anthropolinguistics studies. This research uses a theoretical (legal anthropology and anthropolinguistic) framework as a guide that serves as a guide for empirical research in the field. The research findings indicate that the implementation of legal anthropology studies to elucidate the existence of the Moronene Indigenous community encompasses the historical recognition of Moronene customary land rights and the legal norms applicable within the community. Meanwhile, the implementation of anthropolinguistics reveals that language is not only a means of communication but also a tool for affirming the existence and sustainability of Indigenous culture. The result of the elaboration of these two fields is the concept of sustainable tourism, that aims to minimize the impact on the environment and socio-cultural aspects while also providing economic benefits to the local community.
Efforts To Prevent Criminal Acts Of Corruption By The Repbulic Of Indonesia Prosecutor Office Trough The Return Of State Financial Losess Reviewed From The Value Of Justice Pratiwi, Rizky Ika; Pujiyono; Budi Ispriyarso
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.14714

Abstract

Corruption is a global challenge that crosses national borders and various sectors of development. This act of corruption is not only a threat to economic stability, but also becomes an obstacle in achieving sustainable development. The state has a responsibility to fulfill the rights to basic community needs in the context of public services. The Indonesian government, as mandated by the Constitution of the Republic of Indonesia regarding public services, has an obligation to build public trust in accordance with the demands and expectations of the community. This article discusses the problem of how the Prosecutor's Office attempts to recover state financial losses by perpetrators of criminal acts of corruption and the concept of recovering state financial losses based on the values ​​of welfare and justice. The method used in this writing is a normative research method. The results of this research are the efforts that can be taken by the Prosecutor's Office of the Republic of Indonesia to recover state financial losses caused by criminal acts of corruption, which can be started at the investigation stage. So that the implementation of a punishment based on the values ​​of welfare and justice will provide benefits to the state structure and improve the welfare of the Indonesian nation.
The Executorial Power of the Stipulation on The Division of Joint Property Based on a Peace Agreement In a Divorce Case Yustitia Ismail, Ravilka; Hartini, Hartini
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.15998

Abstract

The purpose of this study is to determine and analyze the executorial power of the verdict regarding the division of joint property on the basis of a peace agreement as outlined in a divorce verdict in the Religious Court, the differences in views between the Judges of the Banjar City Religious Court in West Java and the Head of the Banjar City Land Office in West Java regarding the executorial power in the peace agreement as outlined in divorce verdict number 722/Pdt.G/2020/PA/Bjr, and solutions to the differences in views regarding the executorial power in divorce verdict number 722/Pdt.G/2020/PA/Bjr. This type of research is empirical normative research. Data obtained based on library data research, namely primary, secondary and tertiary legal materials, then continued with primary data. The collected data is analyzed qualitatively and presented descriptively. The results showed that the executorial power in divorce verdict number 722/Pdt.G/2020/PA.Bjr is in the irah-irah which reads “For the Sake of Justice Based on God Almighty”. The decision is condemnatory or punishment imposed on the applicant and respondent to implement the peace agreement. The transfer of land rights based on a court decision can be carried out based on the provisions of Article 55 of Government Regulation Number 24 of 1997 or using a grant deed provided that the clause contains a peace agreement resulting from the mediation on November 30, 2020.

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