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<![CDATA[Social Engineering to Overcome Conflict Between People’s Markets and Supermarkets in Kulon Progo Regency (Review of Regional Regulation No. 16 of 2021) ]]>
<![CDATA[Wahyu Hidayat]]>;
<![CDATA[Suryadi Suryadi]]>;
<![CDATA[Siti Zuliyah]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.42398
<![CDATA[Conflicts between traditional markets, small kiosks owned by individuals, and supermarkets based on modern networked markets are unavoidable, especially at the level of one-sided competition. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 can be a solution in moving the wheels of the economy in the region. Modern shops greatly influence traditional markets or people’s markets and small stalls owned by individuals, which can kill their business. Traditional markets or people’s markets and small stalls are not only the center of people’s economic activities but also a place to make a living for small communities in the Kulon Progo region. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 is intended to protect, empower and organize People’s Markets and structure Shopping Centers and Supermarkets. Protection for people’s markets is carried out by limiting the number of supermarkets and adjusting the distance between traditional markets and shopping centers, and modern shops, the aim is that the existence of people’s markets can be protected from competition that is detrimental to people’s markets, so it becomes a necessity for the Government of Kulon Progo Regency to implement Regional Regulations Kulon Progo Regency Number 16 of 2021 to control the number of supermarkets and provide economic opportunities for people’s markets because this arrangement can overcome conflicts and will provide fifty-fifty benefits as a win-win solution for both so that people’s markets can be saved.]]>
<![CDATA[Implementation of Criminal Law to Determine Persons of Environmental Pollution and/or Destruction in Court ]]>
<![CDATA[Rochmani Rochmani]]>;
<![CDATA[Safik Faozi]]>;
<![CDATA[Wenny Megawati]]>;
<![CDATA[Dyah Listyarini]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.36877
<![CDATA[Pollution and/or environmental damage continues to occur and according to the Environmental Quality Index (IKLH) the environment in Indonesia is increasingly damaged and many parties are harmed both humans and the environment itself but an effective settlement of environmental cases has not been found. Thus it is necessary to think about being able to resolve environmental issues that are effective and consideratejusticethe environment itself. A good and healthy living environment should be realized. This desire can be realized by applying appropriate laws that can deter perpetrators of environmental pollution and/or destruction. The purpose of this research is; to analyze and explain the effective resolution of environmental cases that takes into account the environment itself and the application of criminal law that can deter perpetrators of environmental pollution and/or destruction. The research method used is normative legal research to find the law for an in-concocreto case. Criminal law instruments in the settlement of environmental cases in judicial practice, there are still obstacles in presenting evidence, it is still necessary to think about other issues that are not regulated in the law, especially the formulation of environmental offenses. The use of criminal law instruments is more effective because prosecutors have wider powers of coercion, for example detention, search, and faster execution. Criminal law instruments not only deter people who violate them but are also aimed at other people so they do not commit acts that violate the law if they do not want to be subject to criminal sanctions.]]>
<![CDATA[Reposition of the Promulgation for Indonesian Legislation ]]>
<![CDATA[Efraim Jordi Kastanya]]>;
<![CDATA[Fitriani Ahlan Sjarif]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.44402
<![CDATA[Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.]]>
<![CDATA[Formulating Institutional Harmonization of UNNES Legal Entity Organs in The Frame of Check and Balances System ]]>
<![CDATA[Ali Masyhar]]>;
<![CDATA[Siti Mursidah]]>;
<![CDATA[Ali Murtadho]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.40740
<![CDATA[As a dynamic organization, Universitas Negeri Semarang (UNNES) continues to improve itself towards better public services, namely as a State University Legal Entity. State University Legal Entities have a very positive impact, especially the autonomy of academic and non-academic administration and management. After drafting the statutes and forming the organs of the UNNES, the institutions that need to be prepared are institutional arrangements so that the harmony of the organs of UNNES is maintained as a State University Legal Entity. In order to be organized and harmonious relations occur, in line between the organs of the UNNES as a state university legal entity, a check and balances system needs to be implemented. The application of checks and balances system between organs of State Universities Legal entities, UNNES needs to be covered in a regulation so that there will be no mutual claims and shows of strength. Based on this background, this research is based on the formulation of the problem, what is the format of the check and balances system of relations between organs of State University Legal Entities, UNNES in order to achieve the vision and mission as formulated in the statutes? And what is the appropriate formulation/draft so that there can be harmonization of relations between the organs of UNNES, State Universities Legal Entities? Based on the formulation of the problem, it is intended to produce a harmonious relationship format between organs of State Universities Legal Entities, UNNES, as well as produce appropriate regulations in maintaining harmonization of relations between organs of UNNES as a State Universities Legal Entity. Based on the research objectives, the suitable research method used is qualitative research with a policy approach. The research object is using deep interview and document analysis methods.]]>
<![CDATA[Qualification of Child Status from Unregistered Polygamous Marriage without Marriage Validation (Study of Religious Court Decisions from 2019-2022) ]]>
<![CDATA[Yuliani Tarais]]>;
<![CDATA[Hartini Hartini]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.45534
<![CDATA[This study aims to analyze the qualification of child status carried out by the Religious Court in cases of determining the origin of children in unregistered polygamous marriages that are not validated from 2019-2022. The second objective is to analyze the legal implications of the qualification of the child’s status. The research method used is normative juridical research, which is carried out by studying secondary data and conducting interviews. The collected data is analyzed qualitatively. The research results show that there are three qualifications of child status made by judges in the request for determining the origin of children from unregistered marriages without marriage validation, namely (1) determined as a legitimate child, (2) determined as a biological child, and (3) determined as a child of Applicant I (biological father) with Applicant II (Mother). The legal implications of this qualification are to provide different legal consequences for the rights of children, even if they originate from similar cases. The existence of different court rulings has an impact on the rights received by children from unregistered polygamous marriages that are not validated, on the one hand, it is seen as a form of legal discovery by judges, but on the other hand, it creates a disparity in decisions because it ignores the principle of similia similibus.]]>
<![CDATA[Development of Traditional Cultural Expressions of Patingtung Art from the Aspects of Copyright and Advancement of Culture ]]>
<![CDATA[Inge Dwisvimiar]]>;
<![CDATA[Dede Agus]]>;
<![CDATA[Maulia Tasyafa Audry]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.43359
<![CDATA[The patingtung art from Serang City has been classified as a traditional cultural expression and intangible cultural heritage of Banten Province. However, the registration of patingtung art as an intangible cultural heritage is not enough, but it must also be in accordance with the mandate of Copyright and Advancement of Culture. This research uses normative empirical research methods, an in concreto approach and descriptive qualitative data analysis by comparing the normative law of the Copyright Law and Advancement of Culture with empirical law in the form of its implementation of the protection of traditional cultural expressions of the patingtung type. The result of this study is that the development of traditional cultural expressions of Patingtung art can be carried out through three basic arrangements, namely Law Number 28 of 2014 on Copyright with inventory, Law Number 5 of 2017 on Advancement of Culture with inventory, security, maintenance, rescue and publishing. Serang City Government completes a form of conservation by preserving regional culture through Serang City Regional Ordinance Number 4 of 2013. Patingtung art activities are limited to inventory only. Maintenance is still integrated with other programs so maintenance is minimal. On the other hand, protection in the form of safety and rescue was not implemented.]]>
<![CDATA[The Future of Corruption’s Handling in the Regions and The Application of Restorative Justice ]]>
<![CDATA[N. G. A. N. Ajeng Saraswati]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.44207
<![CDATA[Corruption is the biggest obstacle in implementing the development process, and until now, it has yet to be appropriately resolved although various models of retributive punishment have been applied. As a result, tThe losses suffered by the state continue to increase, and as a consequence, people cannot enjoy public facilities as they should. Cooperation between the Police, the Attorney General’s Office, and the Ministry of Home Affairs, which forms coordination between Aparat Pengawas Intern Pemerintah (APIP) and Aparat Penegak Hukum (APH), is a way to prevent corruption at the local government level. Criminal sanctions and imprisonment are no longer the main options for the government to deal with corruption problems in the regions. This choice then raises the pros and cons of the people who so far only recognize the existence of retributive justice as a form of criminal sanction. This study was made using the theory of consequentialism from Jeremy Bentham, and the Restorative Justice Theory put forward by John Braithwaite to provide an overview of the solutions used by APIP in preventing corruption in the regions. The doctrinal research method with a statutory approach will show the impact of the application of restorative justice on corruption practices in the regions. From this study, it can be seen that the restorative justice used by APIP can minimize losses suffered by the state and, at the same time, provide a deterrent effect for perpetrators of corruption.]]>
<![CDATA[Discrimination on the Right to Get Salary for Women Workers in Indonesia from the Ratification of International Conventions Perspective ]]>
<![CDATA[Ni Ketut Sari Adnyani]]>;
<![CDATA[I Wayan Landrawan]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.44376
<![CDATA[Discrimination against women workers is a violation of human rights as regulated in international instruments such as the International Labor Organization ILO and CEDAW. Constitutionally, the rights of every Indonesian citizen are based on Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Protection of workers is also regulated in Law Number 13 of 2003 concerning Manpower Articles 67 to Article 101 which cover the protection of safety, health and welfare assurance. However, not many women themselves realize that their rights are protected and this has an impact on women’s lives. Reviewing arrangements for the rights of women workers regulated in the ILO, CEDAW and Manpower and their implementing regulations. Accommodate a number of related regulations above, based on gender responsiveness for female workers. This study aims to examine how the accommodation of international conventions into Indonesian positive law? and efforts to strengthen the implementation of the convention?. Types of normative research. The results of this study indicate that there are protection arrangements in conventions that can be adopted. In the future, editorial guarantees for protection for women will be prepared.]]>
<![CDATA[Public Effort and Participation in the Enforcement of Corruption Eradication in Indonesia ]]>
<![CDATA[Mangaraja Manurung]]>;
<![CDATA[Dany Try Hutama Hutabarat]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.40572
<![CDATA[Corruption remains a pressing issue with far-reaching adverse effects on numerous aspects of human existence globally. Combating corruption is a crucial priority in Indonesia that requires concerted efforts. This study employs a normative legal research methodology to construct and conceptualize laws based on applicable doctrines and legal concepts. In addition, it employs a case study approach to investigate specific instances of corruption in depth. This study aims to provide an overview of the regulations regarding the eradication of corruption and to demonstrate how community involvement can contribute to enforcing anti-corruption measures. The results show that Law Number 1 of 2023 concerning the Criminal Code in the article concerning corruption, the penalties set for corruptors are very far from what they are entitled to receive. In relation to reports of corruption cases, this study suggests that a public education strategy aiming at educating the general public directly or via social media must be conducted. This strategy intends to increase public awareness and encourage membership in the IFC (Indonesia is Free of Corruption) organization, which provides legal protection against alleged corruption offenders. In addition, regarding the punishment for corruptors, DPR RI (House of Representatives) are suggested to revise the current law that perpetrators of corruption who have amassed more than Rp 100,000,000 will face court-determined punishments, such as the return of illicit gains or the maximum penalty of the death penalty.]]>
<![CDATA[Covid-19 Pandemic as Force Majeure Unable to Fulfill Obligation in Financing Agreement ]]>
<![CDATA[Dewantoro Dewantoro]]>;
<![CDATA[Achmad Busro]]>;
<![CDATA[Ery Agus Priyono]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 1 (2023): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i1.42295
<![CDATA[The Covid-19 health pandemic as an example of a form of force majeure can affect how risk is assigned to the parties bound by the agreement regarding the inability to pay in a financing agreement caused by force majeure. The research was conducted using normative legal research methods by examining literature (secondary data). From the results of the research, it can be concluded that a dispute resolution institution or court in dealing with disputes regarding the termination of a financing agreement caused by the debtor’s inability to pay due to the impact of the Covid-19 health pandemic must be able to assess the good faith of the debtor in implementing the financing agreement so that it can present the value of justice in the resolution of related disputes financing agreement. The role of the court is a sign of the presence of the state in presenting the value of social justice for the Indonesian people.]]>
