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<![CDATA[Halal Certification Systems: A Comparison Between Indonesia and Turkey ]]>
<![CDATA[Nurul Fibrianti]]>;
<![CDATA[Aprila Niravita]]>;
<![CDATA[Sang Ayu Putu Rahayu]]>;
<![CDATA[Ratih Damayanti]]>;
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.48095
<![CDATA[Ensuring the halal status of a product involves utilizing the services of a halal certification body, offering legal protection and confidence in halal product assurance for Muslim consumers. Indonesia is currently in the process of transitioning the certification authority from the non-governmental organization MUI to the government agency BPJPH under the Ministry of Religious Affairs. The halal certification mechanism through BPJPH closely aligns with the established process carried out by MUI. Similarly, Turkey has established the Halal Accreditation Authority (HAK) to guarantee the legal certainty of halal products, providing accreditation services for halal conformity assessment agencies. This study uses a descriptive method with a comparative approach. Focuses on positive legal nor governing the implementation of halal product between Halal Prodyct Assurance (JPH) and Halal Accreditation Authority (HAK). The findings reveal that in order to implement the Halal Product Assurance (JPH) system, the Indonesian government established the Halal Product Assurance Organizing Agency (BPJPH). The establishment of a globally recognized halal certification system and the removal of trade barriers in halal goods and services require the effective execution of responsibilities, as demonstrated by Turkey through the activities of the Halal Accreditation Authority (HAK). Turkey's strategy for ensuring the genuineness of halal products involves the Halal Accreditation Authority, tasked with evaluating, accrediting, and supervising the competence of halal conformity assessment bodies. This procedural framework aligns with both national regulations and international standards, incorporating additional technical regulations specified in the accreditation body's implementation documents.]]>
<![CDATA[The Urgency of Organizing Insurtech in Improving Insurance Services Based on POJK No. 13/POJK.02/2018 Regarding Digital Financial Innovation in the Financial Services Sector ]]>
<![CDATA[Rindia Fanny Kusumaningtyas]]>;
<![CDATA[Ristina Yudhanti]]>;
<![CDATA[Afifah Widyastuti]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.47666
<![CDATA[The business sector needs to invest in building information technology architecture to leverage tools and services offered by digital transformation, one of which is the insurance sector with its Insurtech. The presence of Insurtech with its digital services is expected to drive increased financial inclusion in the insurance sector by reaching the public through fast and limitless services. Behind the opportunities presented by the Insurtech industry, there are challenges to be faced. The research problem in this study is how the implementation of customer data protection in the implementation of Insurtech based on Financial Services Authority Regulation No. 13/POJK.02/2018 on Digital Financial Innovation in the Financial Services Sector. The purpose of this research is to analyze and explain how the implementation of customer data protection in the implementation of Insurtech based on Financial Services Authority Regulation No. 13/POJK.02/2018 on Digital Financial Innovation in the Financial Services Sector. The research method used in this study is a qualitative research method, using a socio-legal approach. The results of the study show the urgency of Insurtech based on Financial Services Authority Regulation No. 13/POJK.02/2018 involving the analysis of regulations and interviews with PT Prudential Life Assurance, PT Jasa Raharja, BPJS Kesehatan, and PT Asuransi Jiwa Inhealth Indonesia. The results include the implementation of customer data protection, BPJS Kesehatan's service innovations, PT Jasa Raharja's role in accident insurance claims, and the digital transformation of PT Asuransi Jiwa Inhealth Indonesia through the FitAja application.]]>
<![CDATA[Bureaucratic Reform of the National Police Agency Through Improving the Quality of Human Resources to Realize Excellent Public Services ]]>
<![CDATA[Pratama Herry Herlambang]]>;
<![CDATA[Yos Johan Utama]]>;
<![CDATA[Aju Putrijanti]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.48288
<![CDATA[The Indonesian National Police (Polri) is a law enforcement agency that is also tasked with maintaining security and protecting the community through public services within the National Police. However, the fact is that the quality of public services in the contemporary era, especially in the National Police Institution, is still relatively low because it is not in accordance with public service standards. Attitudes that tend to be reactive, rigid, and prone to corruption, collusion, and nepotism (KKN) are obstacles and challenges behind the low public trust in the services of the National Police so far. These various factors then became the government's attention to focus on improving the quality of its services through reform of the National Police bureaucracy. This study uses normative-empirical legal research by analyzing and comparing a regulation as a guideline with its implementation based on data on public service standards in the National Police institution. The research aims to obtain results in the form of identifying obstacles and challenges of the National Police in public services to determine the ideal solution through a strategy to strengthen human resources in reforming the National Police bureaucracy to provide excellent public services as one of the implementations of good government to realize professional services and integrity. Human resources are the most important factor; as an apparatus that will execute state administration, it is necessary to strengthen the quality of human resources as an answer to obstacles and challenges in public services in the National Police institution.]]>
<![CDATA[Limited Liability Company's Status After Insolvency: Dissolution or Rehabilitation? ]]>
<![CDATA[Doni Budiono]]>;
<![CDATA[Maria Clarisa Talia]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.48203
<![CDATA[Bankruptcy and postponement of debt payment obligations are facilities given by law to encourage collective debt settlement for debtors that are experiencing financial distress and therefore on a status of bad credit. After the debt settlement process is over, the debtor according to Article 215 - 221 Indonesian Law Number 37 Year 2004 (“Indonesia Insolvency Law”) may request for financial rehabilitation. However, towards debtors whose form of legal entity is a limited liability company (“LLC”) it is regulated in Article 142 paragraph (1) letter e Indonesian Law Number 40 Year 2007 (“Indonesia LLC Law”) for such debtors to be dissolved after being condemned insolvent. These two variations of regulation allows room for conflict especially towards an LLC that is both capable and willing to continue their business after the removal of the insolvency status but is hindered by the Indonesia LLC Law. Therefore, this research is conducted in order to analyze the legal consequences of an LLC that–after being released from insolvent status–wishes to continue its business and has sufficient capability of doing so, based on both the Indonesia Insolvency Law and the Indonesia LLC Law. This research is normative research that uses statute approach and conceptual approach. The result of this research is that the dissolution regulation may be ruled out if the LLC has the ability to continue its business post-insolvency, under the condition that the LLC must plead for rehabilitation, having a written proof of payment satisfaction from the creditors.]]>
<![CDATA[Asset Seizure of Money Laundering Crimes Arising from Corruption in the Perspective of Legal Certainty and Justice ]]>
<![CDATA[Sahuri Lasmadi]]>;
<![CDATA[Usman Usman]]>;
<![CDATA[Elly Sudarti]]>;
<![CDATA[Nys. Arfa]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.48568
<![CDATA[This article delves into the issue of legal systems and mechanisms for confiscating assets resulting from corruption. Currently, the mechanism for asset confiscation remains unclear, particularly concerning the procedures for asset restitution, the authorized entities responsible for taking over state assets, the eligible assets that can be confiscated to compensate for state losses, and the institutions authorized to receive, store, and manage state assets resulting from acts of corruption. As a consequence, law enforcement effectiveness has been hindered. Hence, it is essential to establish a fair and definitive regulation for the confiscation of assets related to the criminal act of money laundering arising from corruption by implementing the Asset Confiscation Bill. By implementing clear and comprehensive arrangements for managing confiscated assets, it will foster a professional, transparent, and accountable law enforcement system.]]>
<![CDATA[Conceptual Analysis on the Potential Regulation of Income Tax Incentives for Floating Hospital’s Financing by State-Owned Enterprises ]]>
<![CDATA[Adrianto Dwi Nugroho]]>;
<![CDATA[Regina Ditta Prameswari Bismark]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.47592
<![CDATA[This study aims to explore the possibility of tax facility to encourage financing of floating hospitals in Indonesia by state-owned enterprises. This research combines juridical and empirical methods by using data collected from questionnaire, interview, and literature studies. This study finds that income tax facility in the form of deduction of donation made for floating hospitals from taxable income of state-owned enterprises could increase their interests in financing operating expenses of floating hospitals. In formulating the facility, the Ministry of Health should communicate with the Ministry of Finance to expand the scope of tax allowance to include floating hospitals as social infrastructure or to qualify donations made specifically to improve accessibility of health facilities in certain regions.]]>
<![CDATA[Evaluation Study of the Chancery Court (Balai Harta Peninggalan) as a Bankruptcy Curator ]]>
<![CDATA[Tata Wijayanta]]>;
<![CDATA[Sheva Trisanda Adistia]]>;
<![CDATA[Rado F. Leonardus]]>;
<![CDATA[B.E. Hermawan]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.47655
<![CDATA[Article 15 of Law Number 34 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (UUK PKPU) states that in a bankruptcy declaration decision, a Curator and a Supervisory Judge must be appointed from the Commercial Court judges. The curator has the authority to manage and receive bankruptcy assets. The curators referred to under Article 70 paragraph (1) of the PKPU UUK are the Trustees' Office (BHP) and the Individual Curator (Curator). The results of previous research conducted by Pandu Yudha Pratama (2016) and Sheva Trisanda Adistia and Tata Wijayanta (2023) show that BHP is not widely appointed as administrator and receiver of bankruptcy assets in bankruptcy decisions handed down by commercial courts. This paper seeks to identify and evaluate the duties and powers of BHP as bankruptcy curator. This research is normative legal research, and the type of research is library research. The type of data used is secondary data obtained from literature studies. Methods and tools for collecting research data, namely document studies for secondary data. The data obtained will be analyzed using qualitative methods and presented descriptively. The results of the study show that the appointment of BHP as bankruptcy curator is much less than that of Curator. Optimization that can be done by BHP is to improve the quality of Human Resources and resolve the obstacles experienced in carrying out their duties as bankruptcy curator.]]>
<![CDATA[Analysis of Legal Protection for the Debtors Against Abuse of Circumstances Committed by Creditors in Forming a Sale and Purchase Agreement ]]>
<![CDATA[Araningrum Widiati Hutami]]>;
<![CDATA[Rachmi Sulistyarini]]>;
<![CDATA[Mohammad Hamidi Masykur]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.47787
<![CDATA[In a debt contract for a large nominal amount, there is a guarantee objects for which the debtor is responsible for the loan received from the creditor, one of the objects is land rights. Creditor often take a shortcut to execute collateral assets through the use of land rights sale and purchase contract procedures when debtor is unable to pay their debts, the establishment of the sale-purchase agreement was made with unbalanced circumstances between the parties. In Indonesia there are no legal regulations about the abuse of circumstances as a form of defect in the will of an agreement, therefore the debtor in forming a land rights sale and purchase agreement also does not get legal protection from legal regulations.]]>
<![CDATA[Development of Integrity Zone Towards Corruption-Free (WBK)/Clean Bureaucracy (WBBM) at Work Unit Law Faculty UNNES ]]>
<![CDATA[Aprila Niravita]]>;
<![CDATA[Tri Andari Dahlan]]>;
<![CDATA[Rahayu Fery Anitasari]]>;
<![CDATA[Andry Setiawan]]>;
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.48338
<![CDATA[Regulation of the Minister of State Apparatus Empowerment and Bureaucratic Reform Number 25 of 2020, which underlines the 2020-2024 Bureaucratic Reform Road Map, guides the government's efforts to realize world-class government. The goal of bureaucratic reform is to achieve three main conditions: a clean and accountable bureaucracy, a capable bureaucracy, and optimal public services. The Faculty of Law at Universitas Negeri Semarang(UNNES) is one of the units committed to achieving high standards of integrity. This requires structuring good governance, optimal public services, and high integrity for all human resources at the Faculty of Law. Therefore, this study aims to examine the readiness of the Faculty of Law in building Integrity Zones, especially in achieving Free from Corruption Areas (WBK) and Clean and Serving Bureaucratic Areas (WBBM). This research uses doctrinal or normative research methods with concept and case approaches. Legal materials are collected through the study of documents and presented systematically following legal issues and research problems. Then it is analyzed qualitatively juridically. The results of the study identify strategies used by the Faculty of Law to build Integrity Zones towards WBK and WBBM. In addition, this study also identifies the strengths and weaknesses of the Faculty of Law in achieving these goals. This in-depth understanding of the readiness of the Faculty of Law in bureaucratic reform is expected to guide improving bureaucratic performance and integrity at the faculty level.]]>
<![CDATA[Optimizing the Health System Through Increasing Health Service Guarantees in the Context of Fulfilling Human Rights Post the Covid-19 Pandemic in Indonesia ]]>
<![CDATA[Sahat Maruli Tua Situmeang]]>;
<![CDATA[Diah Pudjiastuti]]>
<![CDATA[ Pandecta Research Law Journal Vol 18, No 2 (2023): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v18i2.47957
<![CDATA[The COVID-19 pandemic has had a major impact, especially in the health sector. Health facilities and personnel play a key role in handling this pandemic. The importance of improving the quality of health services does not only depend on regulations, but also structure and culture as an interconnected system. This pandemic has been an important lesson, highlighting the readiness and quality of health services. Community resilience emphasizes the need for health protection as a state responsibility and a constitutional right of citizens. In facing the future, the role of the state, regulations and systems will be crucial in managing the health of its citizens in a sustainable manner. Using normative juridical research methods, the results of the analysis show that the state has full authority through the formation of regulations, infrastructure, improving the quality of human resources, and regulating the health system. This step aims to increase guarantees of public health services and fulfill citizens' human rights in the future.]]>
