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Pandecta
Published by Universitas Negeri Semarang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Terbit dua kali setahun bulan Januari dan Juli. Berisi tulisan yang diangkat dari hasil penelitian dan kajian analitis kritis di bidang Ilmu Hukum
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol 17, No 2 (2022): December" : 15 Documents clear
Small Claims Court Based on An Agreement to Support Ease of Doing Business In Indonesia
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.37841

Abstract

The limit of material claim in the small claims court regulated in PERMA Number 4 of 2019 can be seen as a limitation towards the choice of forums for resolving disputes. Therefore, this research initiates a legal breakthrough that allows the limit of material claim to be deviated by agreement or contract. After analyzing the relevant legal sources, it can be concluded that the formation of a small claims court based on an agreement is in accordance with the principles of quick, simple, and affordable trial. In line with the utilitarian approach and economic analysis of law, it is expected that the expansion of the range of small claims court procedures will bring benefits to the community, especially incresing the ease of doing business in Indonesia. This idea does not violate the basic principles of a small claims court because it only changes the terms of a dispute that can be resolved by a small claims procedures, while the mechanism for examining the case still refers to the existing regulations. The formulation of the norm can be read:“The maximum value of the lawsuit is IDR 500,000,000.00 (five hundred million rupiah), unless otherwise agreed with a written agreement that expressly states that the dispute resolution chosen is a small claims court forum of which the  material claims exceed the maximum limit regulated in PERMA Number 4 of 2019.”
Implementation of Marriage Law and Impacts on The Marriage of Sea Tribal Children in Lipan Island
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.35700

Abstract

Child marriage is a case that still occurs in Indonesia, including in the marine tribal community on Lipan Island, Lingga Regency. However, Indonesia already has a set of regulations governing marriage and child protection. This study aims to, first, examine the application of Indonesian regulations regarding marriage to children of the sea tribe. Second, to elaborate on the impacts that occur as a result of the practice of child marriage of sea tribesmen. The method used is empirical legal research. Sources of data come from primary data and secondary data. There are two (2) legal theories used to analyze the research problem, namely the Theory of Legal Effectiveness by Soerjono Soekanto and Theory of Legal Protection by Muchsin. The results of the study indicate that the application of regulations regarding marriage has not been effective when measured by the theory of legal effectiveness and is not in accordance with the meaning of legal protection proposed by Muchsin. There are several impacts resulting from child marriage, namely the non-fulfillment of children’s rights in the fields of health and education. Therefore, it is necessary to make changes to the regulations regarding marriage regarding the opportunity to carry out child marriages with parental permission, in addition to improving the quality of education for the Sea Tribe community on Lipan Island.
Analysis of Trademark Cancellation for The Protection of The First Registrant's Trademark: BIOAQUA Study
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.40118

Abstract

Due to the cancellation of the BIOAQUA case in Decision Number: 618 K/Pdt.Sus-HKI/2020, the plaintiff did not receive the legal protection that he deserved. The study’s goal is to examine the legal protection afforded to the first trademark registration applicant in the BIOAQUA trademark case, followed by an examination of the judge’s decision to cancel the BIOAQUA trademark. This study is normative and legal in nature. The research strategy is a case study approach. The data source is secondary data, and the data analysis is qualitative. The findings revealed that in the case of the BIOAQUA trademark, legal protection is provided to the first applicant of trademark registration against the defendant. Because the judge considers the same as the authority under Article 3 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, the plaintiff is not considered the first registrant. The judge’s consideration in the BIOAQUA trademark cancellation case is based on Articles 76 and 77 of Trademarks and Geographical Indications Law No. 20 of 2016. The judge considers the content of Article 76, namely that cancellation can be made against registered trademarks, but because the element of good faith cannot be proven, the defendant’s trademark is not cancelled, and the legal effect of this is that the defendant’s BIOAQUA trademark is protected by registered trademarks.
Legal Protection of Consumer Personal Data in Indonesia Fintech Peer-To-Peer Lending Pioneers
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.40235

Abstract

The development of the Financial Technology Industry, especially Peer-to-Peer Lending in Indonesia, brings various conveniences as well as risks. With multiple platforms providing Peer-to-Peer Lending services, it also has an impact on the amount of personal data collected by each platform. This can pose a threat related to consumer personal data, such as cases that have recently emerged. Some Peer-to-Peer Lending platforms abuse their customer’s personal data by spreading it to other parties. Things that should not be done considering the loan agreement that has been agreed between the borrower and the Peer-to-Peer Lending platform regarding personal data that must be safeguarded and if urgently requires this data must be approved by the borrower. This research will discuss the legal protection regulations for the personal data of Peer-to-Peer Lending consumers and discuss the policies implemented by one of the pioneers of Peer-to-Peer Lending in Indonesia regarding the importance of protecting consumer personal data. This research is empirical legal research that uses interviews as a source of data. This study used a qualitative approach to collect primary and secondary data. This research will discuss the current legal regulations related to the protection of personal data including the existence of the Personal Data Protection Law and discuss the policy and implementation of Peer-to-Peer Lending pioneers in Indonesia regarding the protection of borrowers’ personal data.
Document Digitization By Notary As Part of Cyber Notary Provision
Pandecta Research Law Journal Vol 17, No 2 (2022): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v17i2.40181

Abstract

The digital era is something that cannot be avoided in Indonesia and even throughout the world. Various Activities change from analog to digital. Digitization activities are carried out by a notary, one of the professionals, who digitize documents for needs, and orders of laws and regulations. This article aims to analyze the urgency of document digitization carried out by Notaries, and its implications for the performance of Notaries in the current era of technological transformation. In addition, this article will also discuss the obstacles and challenges for notaries in digitizing documents. This article is the result of research conducted using the socio-legal method. Socio-legal studies carry out textual studies of articles in legislation and policies that can be critically analyzed and explained their meanings and implications for legal subjects. Several laws and regulations require notaries to digitize, especially document digitization. The process of digitizing documents carried out by a Notary is still in the stage of digitizing printed documents and placing them in a file for uploading needs on the web or certain systems. This process has its obstacles and challenges for Notaries and employees who work at Notaries.

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