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INDONESIA
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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Bureaucratic Reform of the National Police Agency Through Improving the Quality of Human Resources to Realize Excellent Public Services Pratama Herry Herlambang; Yos Johan Utama; Aju Putrijanti
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.v18i2.48288

Abstract

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.
Limited Liability Company's Status After Insolvency: Dissolution or Rehabilitation? Doni Budiono; Maria Clarisa Talia
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.v18i2.48203

Abstract

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.
Asset Seizure of Money Laundering Crimes Arising from Corruption in the Perspective of Legal Certainty and Justice Sahuri Lasmadi; Usman Usman; Elly Sudarti; Nys. Arfa
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.v18i2.48568

Abstract

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.
Conceptual Analysis on the Potential Regulation of Income Tax Incentives for Floating Hospital’s Financing by State-Owned Enterprises Adrianto Dwi Nugroho; Regina Ditta Prameswari Bismark
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.v18i2.47592

Abstract

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.
Evaluation Study of the Chancery Court (Balai Harta Peninggalan) as a Bankruptcy Curator Tata Wijayanta; Sheva Trisanda Adistia; Rado F. Leonardus; B.E. Hermawan
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.v18i2.47655

Abstract

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.
Analysis of Legal Protection for the Debtors Against Abuse of Circumstances Committed by Creditors in Forming a Sale and Purchase Agreement Araningrum Widiati Hutami; Rachmi Sulistyarini; Mohammad Hamidi Masykur
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.v18i2.47787

Abstract

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.
Development of Integrity Zone Towards Corruption-Free (WBK)/Clean Bureaucracy (WBBM) at Work Unit Law Faculty UNNES Aprila Niravita; Tri Andari Dahlan; Rahayu Fery Anitasari; Andry Setiawan; 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.v18i2.48338

Abstract

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.
Optimizing the Health System Through Increasing Health Service Guarantees in the Context of Fulfilling Human Rights Post the Covid-19 Pandemic in Indonesia Sahat Maruli Tua Situmeang; Diah Pudjiastuti
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.v18i2.47957

Abstract

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.
Implementation of the Use and Protection of Traditional Knowledge for Sustainable Tourism Development Abdul Atsar; Ida Surya; Zunnuraeni Zunnuraeni; Saroj Jha
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.v18i2.47657

Abstract

The purpose of this study is to examine the utilization of Traditional Knowledge for sustainable tourism development and to analyze the forms of protection of Traditional Knowledge owned by people in Central Lombok to enhance sustainable tourism development. This type of research is empirical normative legal research with statutory, conceptual and sociological approaches. Utilization of Traditional Knowledge for the development of sustainable tourism in Central Lombok Regency, namely by developing and developing Intellectual Property-based Tourism Villages, by applying the IP Tourism and Culture Tourism models, namely IP and culture-based tourism. The form of protection of Traditional Knowledge owned by the people of Central Lombok to enhance sustainable tourism development is by recording the communal intellectual property of the people of Central Lombok to the Directorate of Intellectual Property Rights, and publishing it.
The Virtue of Morality: A Comparative Study Between Indonesia and England Zakki Adlhiyati; Harjono Harjono
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.v18i2.47765

Abstract

This article examines the morality of tort in Indonesian and English civil law. This is legal research by studying statutory regulations, court decisions and other related documents. A tort is an act that can harm another party. Based on the results and discussion, it is known that the concept of morality is found in the broader meaning of tort in Indonesia. Similar to Indonesia, England also aligns the concept of unlawful acts with morality. This can be seen in the neighbour principle, which then gives rise to the duty of care. Through this principle, a person must be careful, especially towards people in direct contact with us, so that our actions, whether active or passive, do not cause harm to other people. Morality, whether in Indonesia or England, is one of the keys to determining whether an action is against the law. In the Donoghue v. Stevenson case, reason is used to apply morality; conversely, in tort law in Indonesia, judges are expected to use divine values and reason in applying morality.

Page 62 of 62 | Total Record : 620

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