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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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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.
Indonesia's Carbon Trading as a Decarbonization Effort in Achieving the Enhanced Nationally Determined Contribution (ENDC) Target Hadi, Kharren; Shalmont, Jerry
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.v20i1.16181

Abstract

Carbon trading is one of the instruments in efforts to reduce emissions and encourage decarbonization. As a country with significant emissions, Indonesia contributes to global emissions reductions through carbon trading mechanisms conducted directly or through the Indonesia Carbon Market (IDXCarbon). However, carbon trading in Indonesia faces challenges such as lack of participation and issues that influence businesses decision to participate. This study aims to analyze the causes of low carbon trading in Indonesia and evaluate companies' efforts to reduce emissions, using empirical normative research methods, as well as qualitative data analysis with inductive methods. The results show that Indonesia's carbon trading is currently mandatory for the energy sector - power generation subsector, especially coal-fired power plants as the largest emission-contributing sector. While other sectors are still implementing carbon trading voluntarily. However, the obligation has not been followed by strict sanctions such as fines, but only administrative sanctions which are considered less effective. Therefore, there is a need for additional arrangements regarding fines. In addition, former President Joko Widodo's statement at the inauguration of IDXCarbon that Indonesia's carbon trading potential through the carbon exchange could reach Rp3,000 trillion has not been optimized, as evidenced by the low frequency of transactions and limited market participation. On the other hand, carbon trading has also not become the main choice for listed companies as a form of decarbonization, but only as an additional option to reduce their emissions.
Green Politics and Parties: Strategies for internalising Green Politics in Indonesia Septian Noor, Rico; Kristanto, Kiki; Yestati, Ariani; Jalianery, Joanita; Evi
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.v20i1.16691

Abstract

This study aims to put forward the idea of a strategy for internalising Green Politics in Indonesia by looking at good practices in other countries such as the practice of green party campaigns in Australia and the presence of Green Parties in Germany. This study uses Qualitative research. This method was chosen to analyse and deeply explore important issues related to Green Politic in this study. This study concludes that there are 2 (two) efforts to internalise Green Politic in Indonesia, namely First, by initiating an environment-based social movement into political parties in Indonesia such as the practice carried out by the Indonesian Forum for the Environment (WALHI) by looking at the good practices of the Green campaign in Australia and the second is the idea of internalising Green Politic through the formation of Green Parties in Indonesia such as the practice of green parties in Germany with the hope that these two efforts can make changes, especially in efforts to do justice in the environmental field through the process of formulating policies that are in favour of environmental issues in Indonesia.
Protecting Start-Up Workers: Social Security and Decent Employment in the Gig Economy Era Agusmidah; Sitorus, Holongi Theonia Lampungu; Shaliha, Fithriatus; Tanjung, Afriansyah; Maulida, Arum Anggraeni
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.v20i1.17991

Abstract

The growth of start-ups in Indonesia in the GIG economic era brings new challenges related to social security protection for workers. This study aims to examine the legal protection of start-up workers in obtaining social security and decent working conditions, especially in the context of the risk of losing their job. The main problem raised is the lack of optimal regulations that protect startup workers who are generally informal and do not have formal employment relationships. The research method used is a normative legal method with a statute and conceptual approach, using primary, secondary, and tertiary legal materials. The results show that startup workers face high vulnerability to termination of employment (PHK) without adequate social security protection. Although there is a unemployment benefits program through the Job Creation Law, its implementation is not inclusive of non-formal workers. This study concludes the need for regulatory changes to be more inclusive, as well as the need to recognize the status of startup workers in the social protection system. Collaborative efforts between governments, startups, and digital platforms are essential to expand social security coverage, to ensure decent working conditions for all workers in the digital age and GIG economy.  
Indonesia's Dispute Against the European Union Related to The Nickel Ore Export: WTO Case Analysis Al Qadri, Dinar; Suarni Sonda; Saleh, Muhammad Fadly; Pelupessy, Eddy; Thresia Hilda Mathelda Yenkase
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.v20i1.18321

Abstract

The purpose of this study is to examine the basis of the World Trade Organization (WTO) decision in favor of the European Union over Indonesia in the case of a ban on nickel ore exports by the Government of Indonesia and the appeal efforts that can be taken by the Indonesian government against the decision. This study uses normative legal research methods with conceptual and statutory approaches. The results of the study show that the basis of the WTO ruling in favor of the European Union over Indonesia in the case of the Indonesian Government's Nickel Seed Export Ban is that the Nickel Processing and Refining policy in Indonesia is proven to violate the provisions of WTO Article XI.1 GATT 1994 and cannot be justified by Articles XI.2 (a) and XX (d) GATT 1994. Indonesia is also deemed to be conducting a prohibited subsidy scheme under Subsidy and Countervailing Measures Agreement Article 3.1 through Minister of Finance Regulation (PMK) No. 76 Year 2012. The appeal has been taken by the Indonesian government officially in December 2022 and is still waiting for the formation of the WTO Appellate Body. Indonesia has a great opportunity to win a dispute at the WTO if Indonesia can prove the existence of national laws governing international trade, especially in the mining sector.

Page 4 of 5 | Total Record : 41

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