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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 63 Documents
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Philippines-Thailand-Indonesia Exploration: Recontextualizing Anti-SLAPP in Protecting Access to Ecological Justice Erwin Syahruddin; 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. 
Legal Protection for the Development of Professional Education for Nursing Staff Mustika Mustika; Ratnawati Ratnawati; Maskun Maskun; Supardi Salam
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.22915

Abstract

One part of the health workforce is nursing staff. Nursing staff who have graduated from a bachelor's degree and have not yet completed professional nursing education can only work in administrative services. In fact, hospitals allow them to provide professional services to patients. This is certainly not in accordance with the provisions of Law Number 17 of 2023 concerning Health, Article 212 of which stipulates that health workers with a bachelor's degree must undergo professional education to be able to practice professionally in health care facilities. Then in Government Regulation Number 28 of 2024 concerning the Implementation of Law Number 17 of 2023 concerning Health, health workers are given a maximum of five years from the enactment of this Government Regulation. The implementation of this regulation means that nursing staff who do not fulfill their professional education obligations will lose their jobs, and nursing staff who continue their professional education need educational financial assistance from the agency. This study uses an empirical legal research method with a legislative and conceptual approach. Data analysis was carried out by collecting library data and field research results. The results of the research that has been conducted show that many nurses have not completed professional education but provide professional health services in hospitals. Nursing staff with civil servant status, in adapting to professional education, can be facilitated with study assignments, either through independent study or scholarship funding. This differs from government employees with contract agreements, who cannot be facilitated with study assignments.
State Institution and Socio Analysis on Sexual Violence in Higher Education Achmad Achmad; Zakki Adlhiyati
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.25693

Abstract

The legal framework on sexual violence is getting stronger, but sexual violence still occurs in universities. The objectives of this research are, to analyze the legal framework for protection against sexual violence, to identify the challenges in solving the issue of sexual violence, to formulate a collaborative institutional model in addressing sexual violence. This research is a socio-legal research, examining the problem of sexual violence through an interdisciplinary framework, integrating juridical, sociological, and institutional perspectives. This study reveals three points: First, the legal framework for addressing sexual violence has been more progressive but there are several weaknesses, ie, (1) internal task force members from within the university, (2) lack cooporation from university and law enforcer in takin care of the issue, (3) no external supervisor from state institutions in the process of investigation. Second, based on Donald Black's theory, there are four variables influencing the issue of sexual violence, ie: power inequality that protects high-status perpetrators (stratification); preference for informal settlement rather than criminal justice proceedings (morphology); patriarchal culture; and institutional self-protection that prioritizes reputation over accountability (organization). Third, collaboration with state institutions Komnas Perempuan, LPSK, the Press Council, and the Ombudsman is needed as a balancing force for certain variables in the Black model. This integrated approach offers a path to rebalancing power relations, ensuring institutional accountability, and realigning law enforcement with principles of justice.
The Role of Al and Big Data in Detecting Illegal Finance, Sharia Violations, and Cybercrime in the Digital Society Era Society 5.0 Tuti’ Nadhifah; Heni Risnawati; Dian Rosita
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.28980

Abstract

Technological developments in the Society 5.0 era have driven massive digital transformation in various sectors, including in the financial system and law enforcement. In this context, artificial intelligence (AI) and Big Data have a strategic role in detecting illegal financial activities, violations of sharia principles in transactions, and increasingly complex cybercrime. This article discusses how AI and Big Data are used as real-time detection and prevention tools for transaction anomalies, money laundering patterns, and online fraud practices. In addition, this study highlights the regulatory and ethical challenges in the application of this technology, especially in ensuring compliance with sharia principles and personal data protection. With a normative qualitative method and a multidisciplinary approach, this paper offers a legal and technological perspective in responding to the dynamics of digital crime and the importance of collaboration between regulators, financial institutions, and technology providers to create a safe and equitable digital ecosystem. The findings in this article are expected to be strategic input in formulating legal policies and strengthening technology-based supervision systems in the digital era.
The Power of Local Authorities in Handling Divorce Nabila Luthvita Rahma; Supriyadi Supriyadi; Moh Abdul Latif; Rozanah Ab Rahman
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.33378

Abstract

This study seeks to describe and analyze the role of local authorities (i.e., village chiefs) in handling divorce, as well as the implications for their involvement for women and households. In so doing, this article investigates how local wisdom-based legal systems are realized. Data were collected through observation, interviews, and a review of the literature. This research shows that divorce occurs when families, as communal and religious units, deal with economic difficulties and social media. The recognition of village chiefs as the sole authorities with the authority to decide legal matters is foundational for the traditional legal system practiced within the community, wherein it is the village chiefs—rather than the religious courts—who may handle divorces. In this capacity, village chiefs act as key mediators for the Madurese people, demonstrating that customary authority operates not merely as a residual practice but as a parallel and socially dominant legal order.This article recommends that future studies employ a formalistic approach to understand the validity of customary law, with a broad range of cases and diverse sources used to create a progressive legal system that is recognized and accepted by society.
Empowering the Halal Industry for a Sustainable Economy Through Halal Tourism Regulations and Policies from a Stakeholder Perspective Ro'fah Setyowati; Nurdeng Deuraseh; Kholifatul Muna; Allya Shifa Akhsanty; Muthia Eka Destyana
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.35092

Abstract

Halal tourism should ideally be managed according to sharia principles in support of the Sustainable Development Goals (SDGs). This is hampered by the absence of special regulations and disharmony of cross-sectoral policies. This research aims to formulate policies that support the sustainable development of halal tourism in Indonesia, as well as identify the regulatory needs underlying the development of the halal industry. This research uses a non-doctrinal method with an empirical juridical approach, through the study of legislation, concepts, and legal philosophy complemented by the results of interviews. The results of the study prove that the empowerment of the halal industry, especially halal tourism, has the potential to encourage the creation of a sustainable economy. The results of this study show that the main problem lies in weak regulations and the lack of integration of cross-sectoral policies. There is an urgent need to build national regulations that regulate halal tourism governance, by clarifying the legal basis and implementation mechanisms. Cross-sector collaboration, strengthening the role of the Regional Committee for Sharia Economics and Finance (KDEKS), central-regional coordination, and optimizing the Indonesia Muslim Travel Index (IMTI) are strategic steps to strengthen this industry. Integrated regulations and synergy between stakeholders can encourage the growth of halal tourism, support sustainability, and strengthen Indonesia as the center of the global sharia economy.
Overlapping Investigative Authority In The Perspective Of Constitutional Institutional Design Sulistyani Eka Lestari; RM. Armaya Mangkunegara
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.36004

Abstract

Harmonization within the criminal justice system remains a fundamental challenge for a rule-of-law state, particularly regarding the distribution of investigative authority among law enforcement agencies. In Indonesia, overlapping investigative jurisdictions between the National Police, the Attorney General’s Office, and the Corruption Eradication Commission (KPK) have persistently generated legal uncertainty, institutional rivalry, procedural inefficiency, and risks to rights protection in criminal proceedings. Previous studies have generally examined this issue as a matter of legislative disharmony, inter-agency coordination, or sectoral ego. This article offers a novel argument that overlapping investigative authority is not merely a technical problem of statutory inconsistency, but a symptom of fragmented constitutional institutional design. Using normative juridical research with statutory, conceptual, and comparative approaches, this study analyzes the roots of jurisdictional overlap and formulates a coherent reconstruction model. The findings show that the absence of clear jurisdictional demarcation and a final, binding mechanism for resolving inter-agency jurisdictional disputes has produced systemic dysfunction at the investigative stage. This article proposes three reconstruction models: Clear Jurisdictional Differentiation, Limited Functional Integration, and Institutional Jurisdictional Adjudication. Among these, Institutional Jurisdictional Adjudication is recommended as the most pragmatic initial model because it can manage operational conflicts while providing a transitional framework for broader legislative synchronization. The study concludes that harmonizing investigative authority requires institutional design reconstruction grounded in legal certainty, accountability, and the integrated criminal justice system.
Electronic Land Certificates: A Breakthrough in Digital Transformation or a New Challenge to Legal Certainty Mustofa Abdul Basir; Pipit Saputri Utami; Rofi Wahanisa; Suhadi Suhadi
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.39090

Abstract

Digital transformation in the legal sector has become inevitable, including in Indonesia’s agrarian governance system through the implementation of electronic land certificates. Nevertheless, the transition from conventional land certificates to digital documents also generates challenges related to legal certainty and public trust toward digital governance. This article aims to analyze whether electronic land certificates represent a genuine digital breakthrough or instead create new legal and social vulnerabilities. This study employs a qualitative approach through analytical methods and secondary data observation. The findings demonstrate that the success of electronic land certificates is not solely determined by technological sophistication, but also by regulatory readiness, institutional accountability, cybersecurity protection, and the level of public digital literacy. The study further reveals that community resistance and fearfulness remain significant due to concerns regarding cyberattacks, misuse of personal data, inequality in digital infrastructure, and the declining symbolic legitimacy of physical land certificates within agrarian culture. This study suggest that the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) strengthen transparent governance mechanisms, improve public participation, and establish adaptive legal standards concerning digital evidence and electronic land administration. In addition, the Ministry of Communication and Digital Affairs should reinforce cybersecurity infrastructure, expand equitable internet access, and formulate stronger personal data protection frameworks to ensure that the digital transformation of Indonesia’s land system remains legally secure, socially accepted, and institutionally sustainable.
Building an Integrated Foreclosure Enforcement System in the Post-Auction Eviction Execution of Mortgage Rights Michelle Tiffani; Mochamad Rizqi Zia Ulhaq; Dewi Sulistianingsih; Pujiono Pujiono
Pandecta Research Law Journal Vol. 21 No. 1 (2026): June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i1.41388

Abstract

The post-auction eviction execution of Mortgage Rights objects constitutes a crucial stage in the enforcement of security rights because it determines the effectiveness of the auction winner’s physical possession of the property. However, the Indonesian civil procedural law system still separates auction proceedings and eviction execution into two distinct processes, resulting in procedural uncertainty, additional litigation, and obstacles to enforcement implementation. This study aims to analyze the normative weaknesses and practical problems in the implementation of post-auction eviction execution and to formulate a reform model through the concept of an Integrated Foreclosure Enforcement System. This research employs normative legal research methods using statutory, conceptual, case, and comparative approaches. Legal materials are analyzed qualitatively through systematic, historical, and teleological interpretation. The findings indicate that the use of HIR and RBg as the legal basis for eviction execution is no longer compatible with the needs of modern foreclosure enforcement because they fail to integrate auction proceedings, transfer of rights, and physical possession of the object into a unified enforcement mechanism. Furthermore, weak institutional coordination, the absence of limitations on procedural abuse, and social resistance also contribute to the ineffectiveness of post-auction eviction execution. Based on a comparative analysis with the Netherlands and South Korea, this study proposes the concept of an Integrated Foreclosure Enforcement System emphasizing procedural integration, strengthening enforcement institutions, digitalization of execution administration, limitations on obstructive lawsuits and derden verzet, and a human-rights-based enforcement approach. Such reforms are necessary to establish a foreclosure enforcement system that is effective, certain, equitable, and supportive of the modernization of Indonesian civil procedural law.
Personal Data Protection in the Digital Age: An Analysis of Constitutionalism in E-Commerce Towards Harmonization of Regulations Okky Andaniswari; Dewi Sulistianingsih; Pujiono Pujiono
Pandecta Research Law Journal Vol. 21 No. 2 (2026): December, 2026 (In Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v21i2.27352

Abstract

The advancement of the digital era has brought significant changes to trade activities, particularly in the shift from conventional trading systems to faster and more precise electronic commerce (e-commerce). The study has revealed this new information regarding personal data protection information. As a result, the national legal system must control the growth of e-commerce while adhering to the strictest constitutional law requirements.  adhere to the strictest requirements of constitutional law while being governed by the national legal system. Law is essential to ensure that consumer rights are upheld and that businesses operate transparently and ethically. This balance will foster trust in e-commerce platforms and encourage their growth in a secure environment. This study uses normative juridical and conducts descriptive-analytical data analysis. It also uses theories, concepts, and principles of digital constitutionalism. This study aims to ascertain and evaluate the degree to which existing legislation offers legal certainty for safeguarding personal information in the context of online transactions. This study will look at current legal frameworks and how well they handle the problems brought on by the quick advancement of e-commerce technology. The results demonstrate that e-commerce rules are still dispersed throughout many laws and regulations, which raises questions about legal ambiguity and the security of personal information in e-commerce transactions.  In order to resolve this difficulty and construct a cohesive and legally sound regulatory framework based on constitutionalism, a special statute that fully regulates electronic commerce must be established.

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