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Pandecta
Published by Universitas Negeri Semarang
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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
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Discrimination on the Right to Get Salary for Women Workers in Indonesia from the Ratification of International Conventions Perspective Ni Ketut Sari Adnyani; I Wayan Landrawan
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44376

Abstract

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.
Public Effort and Participation in the Enforcement of Corruption Eradication in Indonesia Mangaraja Manurung; Dany Try Hutama Hutabarat
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.40572

Abstract

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.
Covid-19 Pandemic as Force Majeure Unable to Fulfill Obligation in Financing Agreement Dewantoro Dewantoro; Achmad Busro; Ery Agus Priyono
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.42295

Abstract

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.
Delegated Legislation Making Models in Indonesia within 1999-2012 Fitriani Ahlan Sjarif
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44476

Abstract

Based on the UUD 1945, delegated legislation in Indonesia is Government Regulations made by the President. The making of delegated legislation from 1999 to 2012 has shown some development in how delegated legislation is made. Therefore, this article shows three traditional models of delegated legislation in Indonesia between 1999 to 2012 that are different from the stipulations provided within the UUD 1945. Practice shows that there are 3 traditions of delegation legislation making models in Indonesia. Such tradition is not in accordance with the provisions in the Indonesian constitution. Therefore, it is necessary to control the delegation of Laws in Indonesia by selecting government regulations as delegated legislation.
Badung’s Environment and Cleanliness Agency Law Enforcement Competency Certification Procedure: A Comparative Study with The Department of Environment in Australia Kadek Indira Lokahita; I Gusti Ngurah Parikesit Widiatedja; Ni Gusti Ayu Dyah Satyawati
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44141

Abstract

This research aims to develop quality human resources in the Environment and Cleanliness Agency of Badung Regency. The research also compares the Badung Environment and Cleanliness Agency workforce with the Environment Agency officers in Australia. As a law country, Indonesia requires support from various stakeholders, especially law enforcement officials. The definition of law enforcement officers in a narrow sense is the police, prosecutors, and judges, while in a broad sense it is defined by all officers in law enforcement institutions who have the authority to inspect, supervise or enforce laws. The holistic quality of law enforcement officers will build an ideal work ecosystem. In the current condition, many of them are involved in criminal actions such as corruption thus, they do not receive trust from the public. In addition, they are also considered less swift in supervising the community’s actions. That is because of the economic welfare, lack of education, and lack of workers at work. The legal research method used is normative, using a comparative approach and a statutory approach. Nowadays, Badung Regency conditions currently have many lodgings in Bali, Hence the challenge for the Badung Regency Environment and Cleanliness Agency to supervise the construction of the lodging place. The research findings show a challenge in the unequal quantity between officers in the field of supervision who have obtained certificates of competence at the Badung Regency Environment and Cleanliness Agency and the construction of thousands of hotels there. The total shortage of workers at the Badung Regency Environment and Cleanliness Agency is 12 (twelve) workers. While In Australia has sufficient labor and equal pay, especially in the environment department.
The Unconstitutionality of Termination of Employment on The Grounds of An Urgent Offence Mohamad Fandrian Adhistianto
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.41830

Abstract

Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation through Government Regulation No. 35 of 2021 on Fixed-term Labor Contracts, Outsourcing, Breaks during working time and Dismissal provides for dismissal for urgent infractions that are similar in content to dismissal for serious infractions. misconduct under the Manpower Act No. 13 2003, which was repealed based on a decision of the Constitutional Court No. 012/PUU-I/2003. The legal issues that will be addressed in this study are how the constitution envisages dismissal for urgent violations, which are similar in substance to serious misconduct as grounds for dismissal. This type of research is legal research using statutory approach and is carried out by searching for positive legal norms consisting of applicable laws and court decision related to termination of employment on the grounds of urgent violations apply based on Law Number 6 of 2023, although it has similar substance with gross misconduct as a reason for termination of employment in the provisions of Article 158 of Law Number 13 of 2003 which has been declared contrary to the 1945 Constitution so that it does not apply and has binding legal force based on the Constitutional Court Decision Number 012/PUU-I/2003.
Legal Protection and Liability for Multimodal Transport Operators in The Transport of Dangerous and Toxic Goods Hilda Yunita; Kresna Aron; Joao Nuno Domingues Ferreira
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.42153

Abstract

Legal protection protects human rights that harm other people, and every human being is provided with this protection in order they can savor all of their legal right. In other words, legal protection is various legal remedies that must be provided by law enforcement officials to provide a sense of security, both physically and mentally as well as interference from various threats originating from any party. In contrast, transportation law can be interpreted as the overall legal norms and principles governing relationships and consequences of transportation law. This research shows that a form of legal protection for transportation service users can be provided in the form of preventive and repressive legal protection. The responsibility given to service users is in the form of compensation or compensation in the event of damage or loss of goods in the transportation process. There are two approaches used by researchers in this thesis, namely the Legislative Approach and the Conceptual Approach. In this legislative approach, the approach in legal research that provides an analytical point of view of problem-solving legal research is seen from the aspects of the legal concepts that lie behind it or even can be seen from the values contained in the normalization of regulation with the concepts used. Most of these approaches are used to understand the concepts related to normalization in legislation, whether they are in accordance with the spirit contained in the underlying legal concepts.
Pandemi Covid-19 As A Factor of Delays in The Execution of Court Decisions Dita Amalia; Dian Latifiani
Pandecta Research Law Journal Vol 18, No 1 (2023): June
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i1.44130

Abstract

Judicial decisions that have permanent legal force contain definite and permanent legal rights and positions between the litigating parties that must be realized through execution. Execution is a forced effort by the court against the defendants who don’t want to implement the judicial decisions voluntarily.The aim of this research is to know the factors that caused the delay in the implementation of the real execution in civil case No. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019 at Purwakarta District Court. This research uses empirical legal research methods with a qualitative approach. To be able to obtain the necessary data, the authors use several methods, namely interviews and document analysis. The results of this research show that third-party resistance and the COVID-19 pandemic are factors causing the delay in the real execution of civil case no. 10/Pdt.G/2018/PN PWK Jo 93/Pdt/2019/PT BDG Jo 3532 K/Pdt/2019. In principle, even if there is resistance, the execution is not absolutely delayed unless the reason for the resistance is rational; in that case, the execution is delayed at least until the resistance is decided by the District Court. Meanwhile, health reasons and the government’s policy not to carry out activities that create crowds (Physical Distancing) are the basis for considering the COVID-19 pandemic as the cause of the delay in the real execution. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law. Execution is the authority of the Head of the District Court in the form of policy. Thus, executions in civil cases have been delayed because of third-party resistance, and the COVID-19 pandemic is the policy of the Head of the District Court, which has been given by law.
Halal Certification Systems: A Comparison Between Indonesia and Turkey Nurul Fibrianti; Aprila Niravita; Sang Ayu Putu Rahayu; Ratih Damayanti; Ayup Suran Ningsih
Pandecta Research Law Journal Vol 18, No 2 (2023): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i2.48095

Abstract

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.
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 Rindia Fanny Kusumaningtyas; Ristina Yudhanti; Afifah Widyastuti
Pandecta Research Law Journal Vol 18, No 2 (2023): December
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v18i2.47666

Abstract

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.

Page 61 of 62 | Total Record : 620

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