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<![CDATA[Broaden The Authority of The Corruption Criminal Act Courts in Order to Eradicate Corruption, Colusion and Nepotism ]]>
<![CDATA[Sultan Fauzan Hanif]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.33036
<![CDATA[Seriousness in eradicating KKN as a whole and not only focusing on eradicating corruption alone is in line with the regulations regarding collusion and nepotism in the Law on the Implementation of Clean and KKN-free Government. In the legislation, collusion and nepotism are formulated as criminal acts whose perpetrators are threatened with criminal sanctions. This means that collusion and nepotism are actions that are prohibited by the law. Indonesia has a Special Court to hear corruption cases, but these courts do not have the authority to try criminal acts of collusion and nepotism. The formulation of the problem raised in this paper is 1) What is the urgency of determining the court that is authorized to adjudicate criminal acts of collusion and nepotism? 2) What is the legal policy that should be related to the authority to adjudicate criminal acts of collusion and nepotism? The research method used `is normative legal research. The results of the study indicate that although juridically, the crime of collusion and nepotism should be tried in the general court, in this case the district court, in practice, the crime of nepotism has been tried and decided at the Corruption Court at the Class IA Bengkulu District Court in Decision Number 61/Pid. Sus-TPK/2016/PN.Bg. Therefore, it is necessary to clarify what court is authorized to adjudicate criminal acts of collusion and nepotism. The legal policy that related to the authority to adjudicate criminal acts of collusion and nepotism should be to expand as a step to strengthen the comprehensive eradication of KKN, if these steps are not taken, it is important to revoke the provisions for criminal acts of collusion and nepotism contained in the Law on the Implementation of Clean and KKN-free Government to ensure legal certainty .]]>
<![CDATA[Ontological Study of The Classification of People in The Transfer of Land Rights in Realizing Legal Certainty ]]>
<![CDATA[Rahadi Wasi Bintoro]]>;
<![CDATA[Noor Dzuhaidah Dzuhaidah]]>;
<![CDATA[Antonius Sidik Maryono]]>;
<![CDATA[Sanyoto Sanyoto]]>;
<![CDATA[Weda Kupita]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.34806
<![CDATA[Regulation of the Minister of State for Agrarian Affairs/ Head of the National Land Agency No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration contains regulations regarding the classification of the population in the preparation of a certificate of inheritance. At present, such arrangements are considered irrelevant, especially since there are already regulations concerning citizenship and population administration in a law. Therefore, this article discusses the ontological basis for regulating population classification in Indonesia. In order to answer these problems, three normative research approaches are used, in the form of a statutory approach, a historical approach and a conceptual approach. This study uses primary and secondary sources of legal material, which after an inventory has been processed and analyzed using a qualitative approach. The classification of the Indonesian population, when viewed from an ontological study, was a policy of the Dutch East Indies government to divide the Indonesian nation and reduce the power of customary law and Islamic law that developed in society. However, if judging from the existence of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997, the classification of the population which has implications for the institution authorized to make certificates of inheritance is not due to the politics of dividing the Indonesian nation. This rule exists because it is still possible for people to submit to the law of inheritance of Burgelik Wetboek. This regulation in the statutory system is hierarchically positioned lower than the law. Even though this regulation is inferior and contradicts the Citizenship Law and the Population Administration Law, and therefore contradicts the principle of lex superior derogate legi inferiori, but to prevent a legal vacuum this Ministerial regulation is still in effect.]]>
<![CDATA[Application of The Juridic-Scientific Religious Approach Model in Execution of Penal Law Enforcement ]]>
<![CDATA[Anis Widyawati]]>;
<![CDATA[Dian Latifiani]]>;
<![CDATA[Nurul Fibrianti]]>;
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Rohmat Rohmat]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.35812
<![CDATA[Reforming the criminal application legislation in the national legal system is critical. This research uses the paradigm of legal constructivism and the type of research used is juridical-sociological. Criminal law enforcement regulations are currently still scattered in various laws and regulations, it is not impossible that they will disrupt the law enforcement system, especially in the implementation of criminal decisions/actions. Character building is an effort to establish a conservation value system to achieve the value of justice, the value of certainty and the value of benefit in law enforcement for the implementation of criminal law. Therefore, efforts are needed to enforce the law on the implementation of criminal law through a juridical-scientific-religious approach that is oriented (guided) on “science†(criminal implementation law) and “God’s guidanceâ€. The juridical-scientific religious approach is realized as a concrete effort to reform the law through reforming the substance and culture of the law. In reforming the legal substance, the religious approach is carried out by making religious teachings a source of motivation, inspiration, and creative evaluation source in building legal people with noble character, so that concrete efforts must be developed in the content of national legal development policies.]]>
<![CDATA[Model for Ulayat Land Dispute Resolution Based on Participatory Justice in the Era of Sustainable Development ]]>
<![CDATA[B Rini Heryanti]]>;
<![CDATA[Amri Panahatan Sihotang]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.33299
<![CDATA[The goal of this research is twofold: to investigate and evaluate the existing model for the resolution of disputes concerning customary rights in Indonesia and to devise a model for the resolution of such conflicts that is founded on participatory justice and is appropriate for use in an era in which sustainable development is a priority. The Juridical Empirical approach is employed as the methodology for this investigation. According to the study’s findings, the lack of instruments or mechanisms for resolving ulayat land disputes will make it difficult for indigenous peoples to gain access to the magical religious values of indigenous peoples related to the spiritual, social, and cultural values of indigenous peoples. These magical religious values are tied to indigenous peoples’ traditional ways of life. Indigenous peoples’ rights can be protected through participatory justice by exerting influence over the processes and policies involved in the resolution of ulayat land disputes. This ensures that indigenous peoples will continue to have access to social rights and human rights about preserving their values, spiritual, social, and cultural qualities sustainably.]]>
<![CDATA[Quo Vadis Protection of The Basic Rights of Indonesian Workers: Highlighting The Omnibus Legislation and Job Creation Law ]]>
<![CDATA[Nyoman Mas Aryani]]>;
<![CDATA[Ayu Putu Laksmi Danyathi]]>;
<![CDATA[Bagus Hermanto]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.34948
<![CDATA[This article focused on the dynamics following the enactment of the Law on Job Creation. Pros and cons were raised publicly, with proponents arguing that the Omnibus Legislation method could be used to propose leaps and further forward steps for national economic acceleration with more effective and efficient investment and the creation of new job fields in Indonesia. However, the opposition argued that this law, enacted using the Omnibus Legislation method, was not prepared and did not involve workers or worker unions in the lawmaking process prior to its enactment. Furthermore, this law has crucial and controversial provisions that weaken workers’ rights fulfillment compared to the previous arrangement. This condition is the primary issue that created a chasm between workers with their rights and their employers, and it is the basis for further analysis of legal norms in the entirety of the Law on Manpower and the Law on Job Creation. With the use of a normative legal research method supported by a statutory law approach and a legal conceptual approach, as well as a legal material searching method and argumentative analysis, legal research is conducted. This article discovers and proposes fundamental principles, concept formulation, and concept proof comprehensively regarding Employment Law policy dynamics in Indonesia and pursues basic rights of workers protection after enactment of the Omnibus Law on Job Creation to ensure the realization of worker rights protection including industrial relations problem, and certainty guarantee that Employer must fulfill.]]>
<![CDATA[Disharmony of Domestic Refining Provisons for Mineral and Coal in Indonesian Laws and Regulations ]]>
<![CDATA[Ira Fadilla Rohmadanti]]>;
<![CDATA[Febriansyah Ramadhan]]>;
<![CDATA[Ilham Dwi Rafiqi]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.31236
<![CDATA[Domestic refining practices of minerals and coal in Indonesia have not run efficiently and provided provisions for the country. The challenge of realizing the purification policy comes in turn, one of which is the problem of regulation. Hence, this study aims to examine and analyze mineral and coal (referred to as minerba) refining policy in the country in the laws and regulations, ranging from the level of legislation to implementing regulations. The research method used is normative legal research using a statutory and conceptual approach. The results showed that domestic minerba refining policies stated in many rules tends to be not one-way and is flexible, indicated by frequent changes in domestic refining policy. As a result, it causes disharmony between the Minerba Bill and the implementing regulations. Some implementing regulations, particularly Ministerial Regulations, are not in accordance with the principle of the obligation to increase the value-add by carrying out processing and refining domestically. Moreover, the regulation is considered contradictory due to providing opportunities for exporting minerals that have not been processed and refined, leading to reduced state revenues and impact on state losses.]]>
<![CDATA[Progressive Agrarian Law as a Concept to Attain Social Justice ]]>
<![CDATA[Muh Afif Mahfud]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.34022
<![CDATA[The management of Indonesian agrarian law has created discrepancy of resources ownership or injustice. This article offer a new perspective namely progressive agrarian law. This is a normative juridical research with conceptual approach by using primary, secondary and tertiary data. Those data are collected through literature research and analyzed with content analysis. Based on analysis, it can be concluded that there are several characteristic of progressive agrarian law, namely : (1) dynamic and contextual and respect the diversity because this consider social-political-cultural and economical condition of the society; (2) agrarian justice oriented to solve inequality of agrarian resources by doing affirmative action; (3) emphasize the importance of conscience in law making and law enforcement (involve intellectual, emotional and spiritual quotient); (4) give the chance for law enforcement to do rule breaking toward injustice regulation (substantive justice orientation); (5) pay attention disadvantage person (poor people) who lives under poverty and experience injustice.]]>
<![CDATA[ASEAN’s Role in Protecting Migrant Workers’ Rights During the Covid-19 Pandemic ]]>
<![CDATA[Budi Hermawan Bangun]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 1 (2022): June ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i1.33550
<![CDATA[This paper focuses on ASEAN’s efforts as a regional organization to protect the rights of migrant workers in the Covid-19 pandemic situation. The protection of the rights of migrant workers is part of the protection of human rights regulated in various international legal instruments as well as within the ASEAN framework, especially in the ASEAN Consensus on the Promotion and Protection of the Rights of Migrant Workers (ACPPRMW). Although responding quickly to the impact of the Covid-19 pandemic on the economic and health sectors, ASEAN’s response and efforts in protecting the rights of migrant workers during the Covid-19 pandemic were late and ineffective. This is also an illustration of the ineffective implementation of the system and mechanism for the protection of migrant workers in ASEAN as well as the implementation of other ASEAN human rights legal instruments, due to the main principle that is firmly held by ASEAN, namely the non-interference principle.]]>
<![CDATA[Sustainable Development Goals: The Crème de la Crème Nexus to Enhance Indonesian Enterprise’s Environmental Responsibility ]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 2 (2022): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i2.38542
<![CDATA[Humanity is on the verge of the 2030 Agenda for Sustainable Development deadline. The tension between environmental and corporate-developmental interests has been a focal part of the law- and policy-making processes. These instruments reveal that the sustainable development agenda in the business and environmental sector has not been straightforward to accomplish. The balance, nonetheless, appears to bend in favor of securing the environment. This paper investigates how the “well-established” SDGs have matured as the nexus and affect the augmentation of the national corporate and environmental laws. In that respect, this work has delineated SDGs as a nexus for legislative improvement, proposed the possibility for mutuality with national corporate and environmental laws, and outlined the challenges impeding the purposeful implementation of SDGs. The purposes of this research are identifying the nexus between the SDGs and enterprise sustainability, to unravel the possibility for mutualism, and understanding the challenges hindering the implementation of SGDs in enterprises’ activities. The normative juridical legal research was administered for this research, with a literature study approach to compile scientific literacy from within and outside the country. The analysis is conducted qualitatively. This study establishes and ascertains that the SDGs are the ultimate nexus for business-environmental sustainability that can be accustomed to the local wisdom of each nation, notwithstanding it is universal in nature. The mutuality within the SGDs and business-environmental law can also be accomplished, and there is urgent merit to surmount the challenges that have been outlined in this paper.]]>
<![CDATA[Critical Analysis of Application of Article 303 BIS Paragraph (1) to 1 of The Criminal Code in Accessible Cases Online Gambling ]]>
<![CDATA[ Pandecta Research Law Journal Vol 17, No 2 (2022): December ]]>
Publisher : <![CDATA[Universitas Negeri Semarang ]]>
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DOI: 10.15294/pandecta.v17i2.29353
<![CDATA[Gambling in Indonesia is distinguished into two, ordinary gambling regulated in the Criminal Code and online gambling as stipulated in Law No. 11 of 2008 on Information and Electronic Transactions. Defendant Aan alias Andi committed a crime of online gambling by the way the defendant became an online gambling agent and the defendant was tasked with sharing the access code namely password and ID to the players who wanted to become members of the defendant’s online gambling. The defendant will benefit from the players using the defendant’s access code. The problem that the researchers reviewed relates to the application of Article 303 bis paragraph (1) to 1 of the Criminal Code by the judge on criminal acts making accessible gambling content carried out by defendant Aan alias Andi. Writing these laws using methods approach juridical normative that focused on research on data library. The specification of research that used a descriptive analytical, namely give a description data and carefully as completely as possible about the object of the problem as the result of the study library various literature, legislation, and other ingredients that deals with discussion at in writing the study case. Based on the results of the research, it is known that: First, the judge decided that the defendant Aan namely Andi used Article 303 bis paragraph (1) to 1 of the Criminal Code which was inappropriate because in Article 303 bis paragraph (1) to 1 of the Criminal Code there was no element of making gambling content accessible and making gambling content accessible has been specifically regulated in Article 27 paragraph (2) of the ITE Law. Second, Decision Number 184/Pid.B/2018/PN.Btm does not reflect the objectives of the law, namely justice, certainty and expediency which will have an impact on the weakness of the law enforcement process for the crime of gambling due to the low sentence given by the panel of judges.]]>
