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Pandecta : Jurnal Penelitian Ilmu Hukum
Number of Followers: 0  Open Access journalISSN (Print) 1907-8919 This journal is no longer being updated because: the publisher no longer provides RSS feeds |
- Development of Traditional Cultural Expressions of Patingtung Art from the
Aspects of Copyright and Advancement of Culture
Authors: Inge Dwisvimiar, Dede Agus, Maulia Tasyafa Audry
Pages: 1 - 14
Abstract: The patingtung art from Serang City has been classified as a traditional cultural expression and intangible cultural heritage of Banten Province. However, the registration of patingtung art as an intangible cultural heritage is not enough, but it must also be in accordance with the mandate of Copyright and Advancement of Culture. This research uses normative empirical research methods, an in concreto approach and descriptive qualitative data analysis by comparing the normative law of the Copyright Law and Advancement of Culture with empirical law in the form of its implementation of the protection of traditional cultural expressions of the patingtung type. The result of this study is that the development of traditional cultural expressions of Patingtung art can be carried out through three basic arrangements, namely Law Number 28 of 2014 on Copyright with inventory, Law Number 5 of 2017 on Advancement of Culture with inventory, security, maintenance, rescue and publishing. Serang City Government completes a form of conservation by preserving regional culture through Serang City Regional Ordinance Number 4 of 2013. Patingtung art activities are limited to inventory only. Maintenance is still integrated with other programs so maintenance is minimal. On the other hand, protection in the form of safety and rescue was not implemented.
PubDate: 2023-06-23
DOI: 10.15294/pandecta.v18i1.43359
Issue No: Vol. 18, No. 1 (2023)
- Badung’s Environment and Cleanliness Agency Law Enforcement Competency
Certification Procedure: A Comparative Study with The Department of
Environment in Australia
Authors: Kadek Indira Lokahita, I Gusti Ngurah Parikesit Widiatedja, Ni Gusti Ayu Dyah Satyawati
Pages: 15 - 23
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.
PubDate: 2023-06-23
DOI: 10.15294/pandecta.v18i1.44141
Issue No: Vol. 18, No. 1 (2023)
- Pandemi Covid-19 As A Factor of Delays in The Execution of Court Decisions
Authors: Dita Amalia, Dian Latifiani
Pages: 24 - 34
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.
PubDate: 2023-06-23
DOI: 10.15294/pandecta.v18i1.44130
Issue No: Vol. 18, No. 1 (2023)
- Public Effort and Participation in the Enforcement of Corruption
Eradication in Indonesia
Authors: Mangaraja Manurung, Dany Try Hutama Hutabarat
Pages: 35 - 46
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.
PubDate: 2023-06-24
DOI: 10.15294/pandecta.v18i1.40572
Issue No: Vol. 18, No. 1 (2023)
- Formulating Institutional Harmonization of UNNES Legal Entity Organs in
The Frame of Check and Balances System
Authors: Ali Masyhar, Siti Mursidah, Ali Murtadho
Pages: 47 - 52
Abstract: As a dynamic organization, Universitas Negeri Semarang (UNNES) continues to improve itself towards better public services, namely as a State University Legal Entity. State University Legal Entities have a very positive impact, especially the autonomy of academic and non-academic administration and management. After drafting the statutes and forming the organs of the UNNES, the institutions that need to be prepared are institutional arrangements so that the harmony of the organs of UNNES is maintained as a State University Legal Entity. In order to be organized and harmonious relations occur, in line between the organs of the UNNES as a state university legal entity, a check and balances system needs to be implemented. The application of checks and balances system between organs of State Universities Legal entities, UNNES needs to be covered in a regulation so that there will be no mutual claims and shows of strength. Based on this background, this research is based on the formulation of the problem, what is the format of the check and balances system of relations between organs of State University Legal Entities, UNNES in order to achieve the vision and mission as formulated in the statutes' And what is the appropriate formulation/draft so that there can be harmonization of relations between the organs of UNNES, State Universities Legal Entities' Based on the formulation of the problem, it is intended to produce a harmonious relationship format between organs of State Universities Legal Entities, UNNES, as well as produce appropriate regulations in maintaining harmonization of relations between organs of UNNES as a State Universities Legal Entity. Based on the research objectives, the suitable research method used is qualitative research with a policy approach. The research object is using deep interview and document analysis methods.
PubDate: 2023-06-24
DOI: 10.15294/pandecta.v18i1.40740
Issue No: Vol. 18, No. 1 (2023)
- Implementation of Criminal Law to Determine Persons of Environmental
Pollution and/or Destruction in Court
Authors: Rochmani Rochmani, Safik Faozi, Wenny Megawati, Dyah Listyarini
Pages: 53 - 63
Abstract: Pollution and/or environmental damage continues to occur and according to the Environmental Quality Index (IKLH) the environment in Indonesia is increasingly damaged and many parties are harmed both humans and the environment itself but an effective settlement of environmental cases has not been found. Thus it is necessary to think about being able to resolve environmental issues that are effective and consideratejusticethe environment itself. A good and healthy living environment should be realized. This desire can be realized by applying appropriate laws that can deter perpetrators of environmental pollution and/or destruction. The purpose of this research is; to analyze and explain the effective resolution of environmental cases that takes into account the environment itself and the application of criminal law that can deter perpetrators of environmental pollution and/or destruction. The research method used is normative legal research to find the law for an in-concocreto case. Criminal law instruments in the settlement of environmental cases in judicial practice, there are still obstacles in presenting evidence, it is still necessary to think about other issues that are not regulated in the law, especially the formulation of environmental offenses. The use of criminal law instruments is more effective because prosecutors have wider powers of coercion, for example detention, search, and faster execution. Criminal law instruments not only deter people who violate them but are also aimed at other people so they do not commit acts that violate the law if they do not want to be subject to criminal sanctions.
PubDate: 2023-06-29
DOI: 10.15294/pandecta.v18i1.36877
Issue No: Vol. 18, No. 1 (2023)
- The Future of Corruption’s Handling in the Regions and The
Application of Restorative Justice
Authors: N. G. A. N. Ajeng Saraswati, Muhammad Rustamaji
Pages: 64 - 75
Abstract: Corruption is the biggest obstacle in implementing the development process, and until now, it has yet to be appropriately resolved although various models of retributive punishment have been applied. As a result, tThe losses suffered by the state continue to increase, and as a consequence, people cannot enjoy public facilities as they should. Cooperation between the Police, the Attorney General’s Office, and the Ministry of Home Affairs, which forms coordination between Aparat Pengawas Intern Pemerintah (APIP) and Aparat Penegak Hukum (APH), is a way to prevent corruption at the local government level. Criminal sanctions and imprisonment are no longer the main options for the government to deal with corruption problems in the regions. This choice then raises the pros and cons of the people who so far only recognize the existence of retributive justice as a form of criminal sanction. This study was made using the theory of consequentialism from Jeremy Bentham, and the Restorative Justice Theory put forward by John Braithwaite to provide an overview of the solutions used by APIP in preventing corruption in the regions. The doctrinal research method with a statutory approach will show the impact of the application of restorative justice on corruption practices in the regions. From this study, it can be seen that the restorative justice used by APIP can minimize losses suffered by the state and, at the same time, provide a deterrent effect for perpetrators of corruption.
PubDate: 2023-08-30
DOI: 10.15294/pandecta.v18i1.44207
Issue No: Vol. 18, No. 1 (2023)
- Covid-19 Pandemic as Force Majeure Unable to Fulfill Obligation in
Financing Agreement
Authors: Dewantoro Dewantoro, Achmad Busro, Ery Agus Priyono
Pages: 76 - 87
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.
PubDate: 2023-06-01
DOI: 10.15294/pandecta.v18i1.42295
Issue No: Vol. 18, No. 1 (2023)
- The Unconstitutionality of Termination of Employment on The Grounds of An
Urgent Offence
Authors: Mohamad Fandrian Adhistianto
Pages: 88 - 99
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.
PubDate: 2023-06-02
DOI: 10.15294/pandecta.v18i1.41830
Issue No: Vol. 18, No. 1 (2023)
- Social Engineering to Overcome Conflict Between People’s Markets and
Supermarkets in Kulon Progo Regency (Review of Regional Regulation No. 16
of 2021)
Authors: Wahyu Hidayat, Suryadi Suryadi, Siti Zuliyah
Pages: 100 - 111
Abstract: Conflicts between traditional markets, small kiosks owned by individuals, and supermarkets based on modern networked markets are unavoidable, especially at the level of one-sided competition. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 can be a solution in moving the wheels of the economy in the region. Modern shops greatly influence traditional markets or people’s markets and small stalls owned by individuals, which can kill their business. Traditional markets or people’s markets and small stalls are not only the center of people’s economic activities but also a place to make a living for small communities in the Kulon Progo region. The Regional Regulation of Kulon Progo Regency Number 16 of 2021 is intended to protect, empower and organize People’s Markets and structure Shopping Centers and Supermarkets. Protection for people’s markets is carried out by limiting the number of supermarkets and adjusting the distance between traditional markets and shopping centers, and modern shops, the aim is that the existence of people’s markets can be protected from competition that is detrimental to people’s markets, so it becomes a necessity for the Government of Kulon Progo Regency to implement Regional Regulations Kulon Progo Regency Number 16 of 2021 to control the number of supermarkets and provide economic opportunities for people’s markets because this arrangement can overcome conflicts and will provide fifty-fifty benefits as a win-win solution for both so that people’s markets can be saved.
PubDate: 2023-06-02
DOI: 10.15294/pandecta.v18i1.42398
Issue No: Vol. 18, No. 1 (2023)
- Qualification of Child Status from Unregistered Polygamous Marriage
without Marriage Validation (Study of Religious Court Decisions from
2019-2022)
Authors: Yuliani Tarais, Hartini Hartini
Pages: 112 - 122
Abstract: This study aims to analyze the qualification of child status carried out by the Religious Court in cases of determining the origin of children in unregistered polygamous marriages that are not validated from 2019-2022. The second objective is to analyze the legal implications of the qualification of the child’s status. The research method used is normative juridical research, which is carried out by studying secondary data and conducting interviews. The collected data is analyzed qualitatively. The research results show that there are three qualifications of child status made by judges in the request for determining the origin of children from unregistered marriages without marriage validation, namely (1) determined as a legitimate child, (2) determined as a biological child, and (3) determined as a child of Applicant I (biological father) with Applicant II (Mother). The legal implications of this qualification are to provide different legal consequences for the rights of children, even if they originate from similar cases. The existence of different court rulings has an impact on the rights received by children from unregistered polygamous marriages that are not validated, on the one hand, it is seen as a form of legal discovery by judges, but on the other hand, it creates a disparity in decisions because it ignores the principle of similia similibus.
PubDate: 2023-06-02
DOI: 10.15294/pandecta.v18i1.45534
Issue No: Vol. 18, No. 1 (2023)
- Discrimination on the Right to Get Salary for Women Workers in Indonesia
from the Ratification of International Conventions Perspective
Authors: Ni Ketut Sari Adnyani, I Wayan Landrawan
Pages: 123 - 132
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.
PubDate: 2023-06-06
DOI: 10.15294/pandecta.v18i1.44376
Issue No: Vol. 18, No. 1 (2023)
- Delegated Legislation Making Models in Indonesia within 1999-2012
Authors: Fitriani Ahlan Sjarif
Pages: 133 - 149
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.
PubDate: 2023-06-23
DOI: 10.15294/pandecta.v18i1.44476
Issue No: Vol. 18, No. 1 (2023)
- Legal Protection and Liability for Multimodal Transport Operators in The
Transport of Dangerous and Toxic Goods
Authors: Hilda Yunita, Kresna Aron, Joao Nuno Domingues Ferreira
Pages: 150 - 158
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.
PubDate: 2023-06-23
DOI: 10.15294/pandecta.v18i1.42153
Issue No: Vol. 18, No. 1 (2023)
- Reposition of the Promulgation for Indonesian Legislation
Authors: Efraim Jordi Kastanya, Fitriani Ahlan Sjarif
Pages: 159 - 172
Abstract: Promulgation of legislation is one of the central processes of legislation making but is often forgotten by the legislators. Arrangements for the promulgation of a legislation have changed in line with the development of regulations governing the legislation making. Legislation that should not have been promulgated became promulgated and had an impact on increasing the number of legislation in Indonesia. This paper aims to place promulgation back to its proper position (reposition). The research method of this article is in the form of normative juridical research which fully uses secondary data or in the form of written legal norms. The results of the study found that legislation outside the hierarchy regulation as stipulated in Article 7 paragraph (1) of Law no. 12 of 2011 does not need to be promulgated because it is not a general binding legislation. Repositioning promulgation also requires repositioning of the understanding that the regulation outside the hierarchy of legislation cannot apply externally, namely they only apply to the Ministries/Government Institutions because the essence of promulgation is to enforce statutory regulations on the public.
PubDate: 2023-06-23
DOI: 10.15294/pandecta.v18i1.44402
Issue No: Vol. 18, No. 1 (2023)
