cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota semarang,
Jawa tengah
INDONESIA
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 620 Documents
 57   58   59   60   61 
Applicability of Law Number 11 of 2020 Concerning Job Creation After The Constitutional Court Decision Number 91/PUU-XVIII/2020
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.v17i2.36222

Abstract

With the issuance of the decision of Constitutional Court Number 91/PUU-XVIII/2020, the DPR and the government, as lawmakers, are obliged to comply with it. Because the decision of the Constitutional Court is a legal decision that all parties must obey without exception, it is necessary to obtain an assessment, first, of how the law applies. No. 11 of 2020 after the decision of Constitutional Court Number 91/PUU-XVIII/2020. Second, how are the DPR and the government’s efforts to respond to changes in Law no. 11 of 2020 after Constitutional Court Decision Number 91/PUU-XVIII/2020? The research method used is normative legal research, namely library research, whose sources use secondary data in the form of primary, secondary, and tertiary legal materials. The results of the study on the Constitutional Court Decision Number 91/PUU-XVII/2020, that Law No. 11 of 2020 is still valid. However, the House of Representative/DPR and the Government are given time to fix it within a period of two years. If corrections are not made within this time period, the law will become permanently invalid. In fulfilling this, first amendments were made to Law Number 12 of 2011, so that it became Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning Formation of Legislation. The amendment has included the omnibus method as the basis for forming laws and regulations. Based on Law Number 13 of 2022, the DPR and the Government made improvements to Law Number 11 of 2020. The results of the study show that by the decision of the Constitutional Court Number 91/PUU-XVIII/2020, which grants the applicant’s request conditionally, the DPR and the government are obliged to amend Law no. 11 of 2020 concerning Job Creation since the decision of the Constitutional Court aquo was read. If, within 2 (two) years, the DPR and the government cannot make improvements to Law No. 11 of 2020, the law becomes permanently unconstitutional. On that basis, law. No. 11 of 2020 after the decision of the Constitutional Court Number 91/PUU-XVIII/2020 is still valid unless the DPR and the government do not make improvements to Law No. 11 of 2020 within 2 (two) years, then the law becomes permanently invalid. Therefore, in response to the Constitutional Court’s decision, the DPR and the government are currently trying to amend Law no. 12 of 2011 concerning the Establishment of Legislation. In this change, the omnibus law method is explicitly mentioned as one of the methods for forming laws.
Application for Second Marriage Dispensation And its Relevance to Child Protection (Study In The Jurisdiction Of Wonosobo Religious Court)
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.v17i2.39857

Abstract

This study aims to find out why there is still a request for a second dispensation and how the second marriage dispensation is implemented in terms of the principle of child protection. This research is an example of empirical juridical research, which is research done in the field by looking at the laws that are in place and how they are used in people’s lives. The study’s results show that different ways of interpreting the rules in Article 7 paragraph 1 of Law 16/2019 have led to several KUA in Wonosobo still requiring prospective brides under the age of 19 to submit a second marriage dispensation, even though they are already widowed or widowers. According to the rules, a dispensation for marriage only needs to be filed once. This is because a person is considered legally competent after getting married. On the other hand, when considering the principle of child protection, filing for a second dispensation for marriage is required. This study was made so that the Religious Courts and KUA, as well as anyone else who was interested, could use it as a guide to understand how important it is to have the same ideas about applying for a second marriage dispensation.
Disobedience of The Constitutional Court’s Decision by The Supreme Court
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.v17i2.36196

Abstract

The Constitutional Court as one of the institutions that exercises judicial function has a final and binding decision that binds all parties. However, in practice, the decisions of the Constitutional Court are often ignored by parties, one of which is the Supreme Court. There are several Supreme Court decisions that do not consider the decisions of the Constitutional Court. This demonstrates disobedience to legal norms that are final. This is the reason why the researcher wants to examine the constitutionality of the Supreme Court’s decision which does not consider the decision of the Constitutional Court, and what are the legal implications. This research is doctrinal research with a normative legal approach, that used secondary data obtained through literature study. Based on the results of the study, the decisions of the Supreme Court which do not consider the decisions of the Constitutional Court can be said to be unconstitutional, or it can be said that there has been a violation of the constitution because the decisions of the Constitutional Court represent the essence of the 1945 Constitution of the Republic of Indonesia. The legal implication obtained are the supreme court decision is still be act as jurisprudence; there is legal confusion and uncertainty regarding the conflicting decisions; the occurrence of constitutionalism justice delay; and can undermine the authority of the 1945 Constitution of the Republic of Indonesia.
Legal Humanism Based on Local Wisdom: Progressive Legal Development Study in Magelang
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.v17i2.36870

Abstract

Legal development aims to realize justice, certainty, and legal benefits, so legal development is explored in the social interaction of society itself. This research is concerned with the development of progressive and humanist law based on local wisdom. The concept looks at the relationship between 1) local wisdom and legal development, 2) local community participation and legal development, and 3) progressive legal development based on local wisdom. The type of juridical sociological research, data collection techniques with documentation, observation, and interviews, then the data analysis technique used is the interaction analysis model. The results of the study are the existence of local wisdom values in influencing the development of law in the community, namely the value of mutual cooperation and the value of deliberation. Community participation in the development of law in society has space for community participation in legal developments since planning, implementation, monitoring and evaluation. The values of local wisdom and community participation have potential in the development of progressive-humanist law, namely in the development of progressive and humanist law influenced by the values of local wisdom and the role of community participation so as to be able to build a law of conscience, respect human dignity and be able to provide a sense of justice according to the noble values that live in society. The suggestion from this research is that the community always maintains and preserves local wisdom that lives and grows in people's lives. The community and local government always maintain a synergistic relationship in the implementation of democratic community participation. In policy planning, it always explores the values of local wisdom in society and always involves community participation in creating progressive and humanist laws.
Development and Challenges of Using Trademark Rights as Intangible Assets in Bankruptcy Assets 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.v17i2.40130

Abstract

Intellectual property rights in the form of trademarks rights are company assets that have economic value. In its development, trademark rights can become part of the debtor’s bankruptcy estate in a bankruptcy. However, in its implementation there are challenges in the use of trademark rights as bankrupt assets in order to pay off the debts of the bankrupt debtor. This study aims to determine the development of the use of trademark rights as bankrupt assets and analyze the challenges of trademarks execution as assets of bankrupt debtors. This research is a normative legal research using a statutory approach and a conceptual approach. The results showed that a trademark as a type of object, related to the bankruptcy process, is a type of object that can be used as part of assets in the process of paying debts to creditors, because intangible assets that have economic value and trademark rights can be transferred handing over their rights to other parties is part of the bankruptcy estate. The challenges faced in the use of trademark rights as bankrupt assets are related to trademark valuation, protection status and the validity period of trademark protection, as well as related to disputes over trademarks with third parties.
Licensing Policy on Mineral and Coal Mining in the Concept of Division of Authority
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.v17i2.31653

Abstract

The mineral and coal mining licensing policy currently in force is law Number 3 of 2020 concerning Amendments to law Number 4 of 2009 concerning Mineral and Coal Mining. However, this policy is considered too centralistic because the role of the Central Government is more dominant than the Role of the Local Government. This research uses a normative approach to analyze related licensing policies in the Mineral and Coal Law in the concept of division of authority. The results show that in the provisions of the legislation, the central government has the authority to grant permits for minerals and coal mining. In contrast, local governments can obtain power through delegation from the central government. This policy tends to be centralistic, even though the Indonesian state adheres to the principle of decentralization. The government needs to consider several things, such as the policy implementation needs to pay attention to the “content of the policy” and “context of implementation." The government policy must follow the values held by the state and display combinations (top-down and bottom-up), balance, and integration in building good policies. 
Legal Protection of Debtors and Creditors Against Transfer of Receivables (Cessie) in The Event of Bankruptcy Related to The Principle of Justice
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.v17i2.37632

Abstract

A In the current era of globalization, development is a natural thing. We can see this from the many new businesses that have sprung up. To run this business, sufficient capital is needed, one way to get this capital is through a loan to a bank by making a credit agreement and guarantee agreement. In practice, not all debtors fulfill and carry out their obligations, which results in bad loans. Therefore, the creditor in an effort to solve the problem, the creditor transfers the receivables (cessie), this is doneto reduce the risk of collateralized assets due to bad credit. This study determine the legal protection of the debtior against the transfer of receivables by cessie and to provide protection to creditors as buyers of receivable transfer. The research method used in this paper normative juridical research, namely legal research carried out by studying using library materials or secondary data with a statute approach and a conceptual approach.. Based on the results of the study, it shows that legal protection for debtors for the transfer of receivables is regulated in Article 613 and Article 1470 of the Civil Code,in the event that the Creditor partially transfers his receivables to a third party with the aim that the debtor has two unpaid debts as the fulfillment of the conditions for filing for bankruptcy, it is a misunderstanding. Because The Bankruptcy Act will lose its raison d'etre. On the other hand,in a cessie made by the creditor without notification to the debtor, then based on the provisions of Article 613 of the Civil Code, the transfer of receivables is null and void. Based on this, the authors are of the view that it is important to reformulate the Civil Code which regulates cesssie so that justice, certainty and legal benefit are realized.
Human Rights Perspective of Protection Law for The Outsourcing Bank Workers in Ciptakerja Omnibus Law Bill
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.v17i2.34467

Abstract

In economic development, The bank is one of the economic “spine ”of the country, competition in the world of banking business makes bank needs to focus for creating many products and services which is related to their main competition, for the recruitment staff bank also using outsources company to make easier and everything more efficiency for them. Outsourcing in Indonesia refers to power experts. The Indonesian government also have rights to protects all employee because there are law bills number 13 the year of 2003 (No. 13 Tahun 2003) about outsources employment it said outsources employment could not taking care of the main job in the company but in Omnibus Law bills it is said all the outsources employee could working in everything and all the type of job desk in a company could be handle by outsourcing workers. This journal is using normative method research, this normative method of research it has function is to discuss bills that people talking about. The Author is using a few methods for this journal such as legislative approach, conceptual approach for the main purpose is to help the academic world for having Journal about employment laws.
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.

Page 59 of 62 | Total Record : 620

 57   58   59   60   61 

Filter by Year

2010 2023


Reset
Filter By Issues
All Issue Vol 18, No 2 (2023): December Vol 18, No 1 (2023): June Vol 17, No 2 (2022): December Vol 17, No 1 (2022): June Vol 16, No 2 (2021): December Vol 16, No 1 (2021): June Vol 15, No 2 (2020): December Vol 15, No 1 (2020): June Vol 14, No 2 (2019): December Vol 14, No 1 (2019): June Vol 13, No 2 (2018): December Vol 13, No 1 (2018): June Vol 12, No 2 (2017): December Vol 12, No 1 (2017): June Vol 11, No 2 (2016): December Vol 11, No 2 (2016): Research Law Journal Vol 11, No 1 (2016): Pandecta : Research Law Journal Vol 11, No 1 (2016): June Vol 10, No 2 (2015): Pandecta December 2015 Vol 10, No 1 (2015): Pandecta June 2015 Vol 10, No 2 (2015): December Vol 10, No 1 (2015): June Vol 9, No 2 (2014): Pandecta December 2014 Vol 9, No 1 (2014): Pandecta January 2014 Vol 9, No 2 (2014): December Vol 9, No 2 (2014) Vol 9, No 1 (2014): January Vol 9, No 1 (2014) Vol 8, No 2 (2013) Vol 8, No 2 (2013) Vol 8, No 1 (2013) Vol 8, No 1 (2013) Vol 7, No 2 (2012) Vol 7, No 2 (2012) Vol 7, No 1 (2012) Vol 7, No 1 (2012) Vol 6, No 2 (2011) Vol 6, No 2 (2011) Vol 6, No 1 (2011) Vol 6, No 1 (2011) Vol 5, No 2 (2010) Vol 5, No 2 (2010) More Issue