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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 10 Documents
 1 
Search results for , issue "Vol. 20 No. 2 (2025): December, 2025" : 10 Documents clear
Reform of the Land Registration System in Indonesia: A Max Weberian Rational-Legal Bureaucracy Approach Abdul Wahid; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.13666

Abstract

Social transformation and the increasing economic value of land in Indonesia have intensified the demand for legal certainty in land rights. Although Law Number 5 of 1960 introduced land registration to provide legal protection through certification, the prevailing negative publication system with positive elements remains problematic. It fails to ensure state responsibility for certificate accuracy, even when acquired in good faith, thus posing risks of legal uncertainty and agrarian conflict. This study analyzes the rationale for transitioning to a pure positive publication system using Max Weber’s rational-legal bureaucracy theory, emphasizing formal procedures, predictability, and administrative accountability. Employing normative legal research with conceptual, statutory, comparative, and historical approaches, this study draws from secondary legal materials analyzed through legal interpretation and the Weberian framework. The findings reveal that a positive publication system better aligns with Weberian principles and supports legal certainty. This reform is essential for enhancing land administration legitimacy and promoting inclusive, accountable agrarian governance in Indonesia.
The Urgency Of Regulating Foreign Bribery Crime In Indonesia:Constitutional Legal Framework Analysis Rodiyah, Rodiyah; Asyaffa Ridzqi Amandha; Indah Sri Utari; Anis Widyawati
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.17952

Abstract

The focus of the research is on the urgency of regulating foreign bribery crime in Indonesia aswell as the Indonesian constitution perspective. This issue raises concerns, because theregulation of foreign bribery crime has not been included in Indonesian Laws, makingIndonesia a country that cannot follow up on this criminal act. The questions that arise are 1)what the urgency of the regulation of the law on foreign bribery crime in Indonesia is is 2)what the perspective of the Indonesian constitution regarding foreign bribery crime is is. Thepurpose of this study is to describe the urgency of legal regulation of the concept of foreignbribery crime in Indonesia, and the perspective of the Indonesian constitution regardingforeign bribery crime. The research method uses juridic-normative research with a qualitativeapproach to law. The results of the research show that 1) Indonesia is a participating countryof UNCAC and has ratified it through Law Number 7 of 2006. However, until now there is noregulation to criminalize foreign bribery. In fact, according to the researcher, this is an urgencybecause the opportunity for variation in corruption cases but not followed by criminal reformof the criminal offense, resulting in the enforcement of corruption crimes is not optimal. 2) TheIndonesian Constitution, by adopting Foreign Bribery in Indonesian legislation, it is hoped thatIndonesia can enforce its laws fairly
Restorative Justice In Indonesian Criminal Code: Navigating Fragmentation And Lessons From Malaysia And The United States Akbar, Abiandri Fikri
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.18605

Abstract

Restorative justice is an approach to criminal case resolution that prioritizes restoration over retribution by involving victims, offenders, their families, and other relevant parties in a participatory process. This study examines the development of restorative justice in Indonesia, particularly its incorporation into the new Indonesian Criminal Code, using a normative legal method combined with a comparative study of practices in the United States and Malaysia. The novelty of this research lies in its focus on Indonesia’s unique regulatory challenges, specifically the persistence of regulatory dissonance due to fragmented implementing regulations and inconsistent law enforcement practices, and in offering a comparative perspective on how harmonized policies in other jurisdictions can provide solutions. The findings reveal that, although the new Code formally accommodates restorative justice principles, the lack of harmonization has resulted in unclear guidelines, varied field applications, and suboptimal victim recovery. Victims often experience confusion in accessing restorative mechanisms, while law enforcement officers face obstacles due to inadequate training and the absence of unified standards. To address these challenges, this paper recommends policy harmonization at all governmental levels, the establishment of coordinated guidelines across law enforcement agencies, and the enhancement of institutional capacity through specialized training. By drawing lessons from the cohesive frameworks adopted in the United States and Malaysia, this study contributes to the existing literature by highlighting the importance of harmonized policies to ensure legal certainty, consistency, and better restorative justice outcomes for both victims and offenders in Indonesia.
Efforts To Harmonize Conflicts In The Regulation Of Corporate Social Responsibility (Csr) In The Indonesian Legal System Basrawi, Basrawi; Sakti, Laode Awal; Jusafri, Jusafri; Aulia, Putri; Satmawati, Satmawati
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.18702

Abstract

The focus of this research is on the critical issue of overlapping Corporate Social Responsibility (CSR) regulations within Indonesia's legal system. This is a significant problem that affects business compliance and social development outcomes. The study investigates the normative juridical aspects of various legislative frameworks, including the Company Law, Investment Law, and Mining Law. The study identifies three major consequences of regulatory redundancy: uncertainty in implementation standards, resource inefficiency due to program duplication, and complexity in supervision. It highlights systemic weaknesses within Indonesia's CSR legislative system and proposes an innovative legislative model to integrate CSR. To enhance legal certainty and implementation effectiveness, the study recommends a comprehensive harmonization method that integrates regulations, establishes consistent implementation mechanisms, and develops supervision protocols. These findings assist policymakers and legal practitioners in improving Indonesia's CSR regulatory framework.
The Role of Palanta Baselo Nagari Sungai Duo in Resolving Criminal Acts Through Restorative Justice in Multi-Ethnic Communities Fitriati; Iyah Faniyah; Nurhadiansyah
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.20143

Abstract

Legal issues in a multiethnic society lie in the implementation of Article 2 of the Regulation of the Chief of Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice. One form of restorative justice is Palanta Baselo Nagari Sungai Duo which is used to resolve criminal cases in a multiethnic society in the jurisdiction of the Sitiung Police, Dharmasraya Police. This study aims to analyze the challenges faced by Palanta Baselo in handling criminal cases based on restorative justice. This research is empirical legal research with analytical descriptive specifications. The findings of the study conclude that the resolution of criminal cases through Palanta Baselo Nagari Sungai Duo in a multiethnic society in the jurisdiction of the Sitiung Police, Dharmasraya Police has been implemented. However, in practice, there is still a lack of facilities and infrastructure to support mediation. In addition, traditional figures who act as mediators also lack the skills to reconcile the disputing parties. Although the penghulu (traditional figure) is a respected and revered figure, they have not been equipped with the knowledge and skills to carry out mediation efforts effectively.
The Role of Big Data in Crime Prevention and Criminal Law Enforcement: Balancing Efficiency and Personal Data Protection Sihotang, Lesson; July Esther; Sinaga, Jusnizar; Siahaan, Yanti Tiara Br; Ndruru, Donius
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.20485

Abstract

Crime prevention and criminal law enforcement require clear arrangements so that at the same time they can form good protection for every Indonesian citizen's personal data. The purpose of this paper is to analyse the concept of using big data in crime prevention as well as criminal law enforcement and the form of boundaries and protection of personal data in the use of big data in crime prevention as well as criminal law enforcement. To achieve the results used, the research method used is a case approach and a statutory approach. From this writing, the use of big data in the context of crime prevention and criminal law enforcement has grown rapidly along with IT advances. Big data includes the collection, analysis and processing of large and diverse amounts of information. In disclosing crime cases using big data, it must also be linked to regulations on personal data protection and the data used in case disclosure must also be guaranteed validity, so that the activities carried out do not damage the sense of justice in society
Protection of the Rights of Children in Conflict with the LawIn the Juvenile Criminal Justice System in Indonesia Rahmawan Dianto; Martitah; Dewi Sulistianingsih
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.20506

Abstract

A child is someone who is not yet 18 years old, including a child who is still in the womb. Every child has the principle of basic rights, namely survival, non-discrimination, growth and development, and respect for participation. A child in conflict with the law is someone who is 12 years old, but not yet 18 years old who is suspected of committing a crime. Protection of the rights of children in conflict with the law needs to be carried out so that the child continues to receive their rights. This writing examines the basic rights of children for children in conflict with the law in Indonesia and the protection of the rights of children in conflict with the law in Indonesia. This writing uses a normative legal method, namely positive legal research, research on legal principles, clinical legal research, legal research examining legislation, and comparative legal research and synchronization of legislation. Handling of child cases is carried out based on the Juvenile Criminal Justice System so that the protection of the rights of children in conflict with the law in Indonesia can be implemented properly and children in conflict with the law continue to receive their rights in full. Keywords: Principles of children's rights; children in conflict with the law; child protection; reform of the Juvenile Criminal Justice System.
Establishment Of A Voluntary Self Regulation Non-Governmental Consumer Dispute Resolution Organization In Principle Of Fairness And Equality Satrio Ageng Rihardi; Budi Santoso; Ery Agus Priyono
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.21086

Abstract

Developments in the economic sector will increase the production and consumption power of society. If consumers suffer losses, economic agents are obliged to be able to provide compensation for the products sold to consumers. The UUPK provides for alternative dispute resolution outside the judicial system, namely through the Non-Governmental Consumer Protection Agency (LPKSM). Settlement of consumer disputes in LPKSM with a voluntary self-regulation mechanism or self-regulation as an effort to regulate, control, evaluate, select and determine a performance that will certainly minimise or reduce the number of disputes that go to the Consumer Disputes Board (BPSK) or the District Court. The research method uses normative legal research by tracing literature studies using a normative legal approach in order to obtain new perceptions of the situation by providing a new form of concept in resolving consumer disputes at LPKSM. The concept of the LPKSM's Voluntary Self-Regulation Mechanism is designed to help various parties, especially business actors and consumers, quickly and inexpensively to resolve disputes at the lowest level before they reach the BPSK or the courts. As a form of voluntary self-regulation, mediation is the right method to implement the principle of equality before the law. The LPKSM acts as a third party, an outsider who is declared to be neutral (impartial) and who helps the parties to come to an agreement. The benefits of resolving consumer disputes are quick, inexpensive and confidential, and can even be described as a win-win solution, set out in a joint peace deed.
Restorative Legal Challenges of Abortion for Rape Victims in Indonesia Renih Setiawan; Syarif Saddam Rivanie
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.22726

Abstract

Indonesia has provided leniency and exceptions to abortion for rape victims. The legalization of abortion is the fulfillment of the rights of rape victims to obtain abortion services as soon as possible by the requirements stipulated in the health law. In reality, the fulfillment of this right cannot be fully implemented. A challenge lies in the weak enforcement of the law. Indonesia has not firmly supported this rule. Victims have difficulty accessing abortion services. No regulation on emergency services regulates clearly and in a structured manner within the scope of the police or the scope of health organizations and victim protection organizations. In addition, the strengthening of the mentality of law enforcers and stakeholders has not been fully achieved. This study aims to explore the implications and factors that hinder access to abortion services for rape victims. The results of the study show that the factors that hinder access to abortion are due to weak law enforcement, weaknesses in the substance of the law, the complexity of laws and regulations, and the feeble mentality of the parties involved, so that slow handling results in the inability to implement abortion services for rape victims. To achieve the implementation of this abortion regulation, a national policy is needed within the scope of the police, policies in health organizations, and one-stop integrated service procedures. The urgency of this policy, apart from contributing to policy reform, is also important to make it easier for victims to get services without having to drain their energy, time, and costs. Based on this, Indonesia needs to take a more pragmatic, rational, integrated, and comprehensive approach through widespread socialization to the community, police, and other stakeholders.
PHILIPPINES-THAILANDINDONESIA EXPLORATION: Recontextualizing Anti-SLAPP in Protecting Access to Ecological Justice Syahruddin, Erwin; Andre Cardenas Jr.; Akbar Sarif; Rahmat Saputra
Pandecta Research Law Journal Vol. 20 No. 2 (2025): December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i2.29495

Abstract

This study examines the strategic challenges faced by environmental rights defenders in Indonesia, the Philippines, and Thailand, including the abuse of the law through the practice of Strategic Lawsuits Against Public Participation (SLAPPs) used by corporations or authorities to silence public criticism of environmental damage. Although all three countries have legal instruments for protection, their implementation is still limited and does not comprehensively cover aspects of procedural law. This study uses a normative legal approach with a comparative legal method to analyze the form of anti-SLAPP legal protection and its potential integration into the criminal procedural system. The results show that Indonesia and the Philippines still limit legal protection to environmental issues, while Thailand has more advanced normative provisions but has not been effective in preventing SLAPPs at the early stages of the legal process. A legal mechanism is needed that allows for the termination of SLAPP cases at the investigation or prosecution stage through clear legal indicators and strengthening prosecutorial discretion based on the principle of public interest. The novelty of this study lies in the proposed integration of Anti-SLAPP principles into criminal procedural law as a preventive measure against the criminalization of environmental activists and as a recognition of ecological justice, where protection of public participation and freedom of expression is an integral part of social justice in the context of environmental protection. 

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