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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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Penal Policy: Decriminalization of Election Crimes in Indonesia Muhammad Azil Maskur; Pujiyono; Irma Cahyaningtyas; Fikri, Wildan Azkal; Zadataqi, Faikar Sir
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.v19i2.8831

Abstract

Several election crime articles in Law No. 7/2017 are suspected of causing injustice to subjects who commit election infractions, particularly civil servants, village heads, and election organizers. The potential for injustice arises because the imposition of election crimes on civil servants, village heads, and election organizers causes all three to receive double jeopardy, although double jeopardy is contrary to the constitution and human rights, meaning that enacting election crimes is unfair to all three. These intrigues should be resolved immediately to achieve legal justice for all three. To answer these dynamics, further research needs to be carried out to find out where the injustice lies and the appropriate solution to overcome it. This research utilizes normative legal or doctrinal to examine injustice and find appropriate advisers. The penal policy approach is the right measure to eliminate injustice in election crime articles in Law No. 7/2017. This injustice is precisely in Articles 490, 494, and 546 of Law No. 7/2017 which regulates criminal sanctions for civil servants, village heads, and election organizers who commit election crimes. Decriminalization of Articles 490, 494, and 546 of Law No. 7/2017 needs to be applied because the application of these three articles has caused civil servants, villages, and election organizers to receive double jeopardy, while double jeopardy is contrary to the constitution and human rights so that the application of these three articles is real injustice.
Philosophical Discourse Relationship Articles 1 and 2 of the National Criminal Code, Such as Relationship of Human Body and Soul Nurdin, Fransiskus Saverius
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.v19i2.9076

Abstract

KUHP is the result of a critical breakthrough for the Indonesian nation. What is interesting point about the National Criminal Code is that it accommodates the principle of material legality in addition to the principle of formal legality.  The arrangement of the quo principle is assumed to be similar to the reality of the relationship between the human body and soul. This article wants to discuss philosophically and conceptually 4 main things related to the reality of the Legality Principles of the Indonesian National Criminal Code. First, discuss the concept of philosophical presuppositions regarding the relationship between Articles 1 and 2 of the National Criminal Code and the relationship between body and soul in human reality according to several philosophers. Second: discuss the basic ontological reality of Article 1 of the National Criminal Code. Third: discuss the basic ontological reality of Article 2 of the National Criminal Code. Fourth: discuss the philosophical relationship between the two provisions of Article a quo. This research is normative legal research with a philosophical and legal approach. The results of the research show: First: the concept of philosophers' thinking, which in its essence really emphasizes the element of human unity as a complete reality composed of soul and body. Second: in ontological reality, the provisions of Article 1 of the Indonesian Criminal Code are laws and are a logical risk of modern law (legal positivism) which prioritizes the reality of visible and objective phenomena. Third: that in ontology the provisions of article 2 of the Indonesian Criminal Code are anthropological facts of the Indonesian people themselves starting from the journey of civilization, Pancasila as the basis of philosophy, the source of all sources of law, and the 1945 Constitution as the source of legal order (normative constitution). Fourth: the form of philosophical relationship between the two a quo provisions appears in the juridical, moral, and sociological synthesis of the new Indonesian Criminal Code.
Feasibility Analysis Of Implementing Alternative Dispute Resolution In Tax Dispute Settlement In Indonesia Sa'adah, Nabitatus; Budi Ispriyarso; Susila Wibawa, Kadek Cahya; Susila Wibawa, Lery Kristofer Panjaitan; Susila Wibawa, Muhammad Ikhwanurrohiim Septenta
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.v19i2.9593

Abstract

The number of cases and the backlog of tax disputes in Indonesia underline the need to reform the dispute resolution system. To avoid prolonged dispute resolution and minimize the backlog, other dispute resolution areas, particularly civil disputes, recognize the non-litigation route known as Alternative Dispute Resolution (ADR). What are the opportunities for ADR in resolving tax disputes? ADR is less suitable for resolving tax disputes. This is due to the nature of tax disputes, which fall under public law, where the state's tax collection is based on norms established by law. If ADR is implemented, it may create opportunities for discretion on the part of tax officials, leading to the potential for abuse of authority.
Regulating Alternative Crowdfunding: Legal Challenges in Advancing Indonesian SMEs Amid Consumer Protection, Transparency, and Strict Platform Oversight—A Comparison with Austria Alfiani, Yudha; Syaugi, Syaugi; Wahyudi, Rofiul
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.v19i2.10544

Abstract

Alternative crowdfunding has emerged as a vital financing solution for Small and Medium Enterprises (SMEs) in Indonesia, offering funding opportunities beyond traditional financial institutions and fostering economic growth. However, the Indonesian government must address risks such as fraud, personal data misuse, and investor losses by ensuring strong legal protection and regulatory oversight. This study examines the legal framework for equity-based crowdfunding and SME empowerment in Indonesia, drawing comparative insights from Austria’s well-established regulations. The novelty of this research lies in its comparative approach, which highlights regulatory asymmetries affecting investor confidence and SME access to funding. The urgency is underscored by Indonesia’s rapidly expanding digital finance sector, where weak governance could undermine crowdfunding’s potential. This normative legal study employs a descriptive-analytic approach, integrating legislative and conceptual perspectives from both jurisdictions. Findings indicate that Austria enforces investment limits, stringent platform accountability, and robust law enforcement, ensuring market stability while supporting SMEs. Conversely, Indonesia should ease SME access to crowdfunding while implementing investment caps to mitigate investor risks. Moreover, Austria’s strong judicial oversight and auditing mechanisms serve as a model for Indonesia, which requires enhanced regulatory enforcement and institutional capacity. This study contributes to legal scholarship by proposing a balanced regulatory model that fosters SME participation while ensuring investor protection, transparency, and sustainable market growth. By adopting best practices from Austria and Europe, Indonesia can refine its crowdfunding regulations to drive economic development while maintaining a secure financial ecosystem.
Politics and Law Implementing the New Normal Pandemic Covid -19 in Society di Bandar Lampung City Kusuma Arcaropeboka, Rj Agung; Sanusi, Afriadi Bin
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.v19i2.11254

Abstract

The Covid-19 pandemic and the spread of its new variants are still ongoing, causing many casualties worldwide, including in Indonesia, and impacting all sectors of life. The government has taken measures such as issuing regulations to combat the coronavirus pandemic, along with derivative regulations at the regional level, and launching a mass vaccination program to protect citizens from contracting this outbreak. Based on the above description, the objectives of this research are to identify and analyze 1) the alignment of the implementation of the new normal policy with the objectives of the state in the context of the Covid-19 pandemic; 2) the implementation and impact of the new normal in promoting a healthy lifestyle in Bandar Lampung City; and 3) the main factors that hinder the implementation of the new normal concept in Bandar Lampung City. This research is a normative and empirical legal study based on socio-legal aspects. The social settings are the local government offices of Bandar Lampung City, and the object of this research is the role of the local government of Bandar Lampung City in protecting the community, particularly in preventing the spread of the Covid-19 outbreak. Data were obtained through document studies and interviews, then validated through source analysis and research methodology. Based on the research, it was found that the condition of the Covid-19 outbreak with its new variants is currently fluctuating, tending to gradually decrease. However, the government remains vigilant regarding the fluctuating spread of the Covid-19 outbreak. Advisories for mask usage, vaccination, and health protocols are continuously disseminated to the public. Moreover, the participation of community leaders along with task forces in their respective areas is very useful in prevention and guidance to support the implementation of Covid-19 management. Thus, the new normal life can be applied by using health protocols in each environment.
A Discourse of Personal Data Protection: How Indonesia Responsible under Domestic and International Law? Yusliwidaka, Arnanda; Muhammad Ardhi Razaq Abqa; Khansadhia Afifah Wardana
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.v19i2.13279

Abstract

The rapid advancement of digital technology has heightened concerns regarding personal data protection, particularly in Indonesia, where regulatory frameworks are still evolving. The ransomware attack on Indonesia’s National Data Center (Pusat Data Nasional/PDN) on June 20, 2024, which led to the leakage of citizens’ personal data and disrupted public services, has sparked widespread public criticism and demands for stronger data protection measures. This incident highlights Indonesia’s weak national cybersecurity system and raises critical questions regarding the state’s responsibility for safeguarding personal data under both domestic and international law. The findings reveal that while Indonesia has enacted Law No. 27 of 2022 on Personal Data Protection, its enforcement remains weak, leaving citizens vulnerable to cyber threats. From an international law perspective, Indonesia is obligated to protect personal data under frameworks such as the International Covenant on Civil and Political Rights (ICCPR) and the Responsibility of States for Internationally Wrongful Acts (RSIWA 2001). However, gaps in implementation, lack of institutional coordination, and inadequate cybersecurity infrastructure continue to hinder effective protection.  The novelty of this research lies in its dual legal analysis, bridging domestic and international legal responsibilities while examining the broader implications of state accountability in cybersecurity governance. This study contributes to legal discourse by proposing reinforced legal frameworks, improved institutional coordination, enhanced international cooperation, and the adoption of sophisticated cybersecurity technologies. Strengthening legal, social, and cultural structures is essential to prevent future data breaches and ensure comprehensive protection of Indonesian citizens’ personal data.
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.

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