Pandecta Research Law Journal
type: channel
description: The Pandecta Research Law Journal (e-ISSN: 2337-5418 | p-ISSN: 1907-8919) is a scholarly publication dedicated to the examination of contemporary legal issues in Indonesia. This journal specializes in Indonesian law and regularly publishes a broad range of articles across various legal domains. Committed to fostering international collaboration and knowledge exchange, the Pandecta Research Law Journal serves as a key platform for disseminating legal research and facilitating discussions on the evolving landscape of Indonesian law. Indonesia, as a developing nation, provides a rich and complex context for legal studies. The country's extensive jurisdiction is influenced by a diverse array of factors, including social politics, culture, ethnicity, religion, and local wisdom. These multifaceted elements contribute to the complexity and diversity of legal developments in Indonesia, making them both intriguing and significant for the global legal community. The interplay of these factors offers valuable insights into broader global legal dynamics and enhances understanding of legal systems worldwide. Title : Pandecta Research Law Journal Editor in Chief : Dr. Asmarani Ramli, S.H., M.Kn. ISSN : e-ISSN: 2337-5418 | p-ISSN: 1907-8919 DOI Prefix : 10.15294/pandecta Publisher : Faculty of Law, Universitas Negeri Semarang Frequency : Biannually (June and December)
publisher: Universitas Negeri Semarang
language: en
publication name: Pandecta Research Law Journal
issn: 1907-8919
copyright: The Creative Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0) is an open-access license that facilitates the sharing and adaptation of creative works while ensuring proper attribution and preserving the same freedoms for derivative works. This license is designed to be user-friendly and applicable globally, making it a popular choice for a wide range of content, from academic articles to creative arts. At its core, the Attribution component of the CC BY-SA 4.0 license requires users to give appropriate credit to the original creator of the work. This includes providing a clear citation, linking to the license, and indicating any modifications made. The attribution must be done in a way that does not imply endorsement by the creator of the new use or its creator. This ensures that the original authors are acknowledged for their contributions while allowing their work to be freely used and disseminated. The ShareAlike aspect of the license mandates that any derivative works or adaptations created from the original must be licensed under the same CC BY-SA 4.0 terms. This means that new works based on the original content must also be freely available and shareable under the same conditions. This provision helps to promote a culture of collaboration and continuous improvement, as it ensures that all adaptations remain accessible to the public and contribute to the collective pool of knowledge and creativity.
items: PHILIPPINES-THAILANDINDONESIA EXPLORATION: Recontextualizing Anti-SLAPP in Protecting Access to Ecological Justice
items: The Urgency Of Regulating Foreign Bribery Crime In Indonesia:Constitutional Legal Framework Analysis
items: Restorative Legal Challenges of Abortion for Rape Victims in Indonesia
items: Establishment Of A Voluntary Self Regulation Non-Governmental Consumer Dispute Resolution Organization In Principle Of Fairness And Equality
items: Digital Transformation of Public Services as an Instrument for Enforcing the Principles of Transparent and Accountable Governance: A Study on the DPMPTSP of Kendal Regency
items: Protection of the Rights of Children in Conflict with the LawIn the Juvenile Criminal Justice System in Indonesia
items: The Role of Big Data in Crime Prevention and Criminal Law Enforcement: Balancing Efficiency and Personal Data Protection
items: The Role of Palanta Baselo Nagari Sungai Duo in Resolving Criminal Acts Through Restorative Justice in Multi-Ethnic Communities
items: Efforts To Harmonize Conflicts In The Regulation Of Corporate Social Responsibility (Csr) In The Indonesian Legal System
items: Restorative Justice In Indonesian Criminal Code: Navigating Fragmentation And Lessons From Malaysia And The United States
items: Indonesia's Dispute Against the European Union Related to The Nickel Ore Export: WTO Case Analysis
items: Protecting Start-Up Workers: Social Security and Decent Employment in the Gig Economy Era
items: Green Politics and Parties: Strategies for internalising Green Politics in Indonesia
items: Indonesia's Carbon Trading as a Decarbonization Effort in Achieving the Enhanced Nationally Determined Contribution (ENDC) Target
items: The Executorial Power of the Stipulation on The Division of Joint Property Based on a Peace Agreement In a Divorce Case
items: Efforts To Prevent Criminal Acts Of Corruption By The Repbulic Of Indonesia Prosecutor Office Trough The Return Of State Financial Losess Reviewed From The Value Of Justice
items: Elaboration of Legal Anthropology and Anthropolinguistic Studies on the Existence of the Moronene Tribal Community After the Determination of the Hukaea Laea Traditional Area
items: The Authority of the Deposit Insurance Corporation as a Neo Lender of Last Resort: Prudential Principles and Risk Management from the Perspective of Monetary Constitutionalism
items: Effectiveness of Patent License Arrangements in Encouraging Technology Transfer in Indonesia
items: Digital System Innovation to Strengthen the Constitutional Court in Managing Simultaneous Election Disputes Indonesia
items: Reform of the Land Registration System in Indonesia: A Max Weberian Rational-Legal Bureaucracy Approach
items: Strengthening Legal Certainty of Marriage Contract (Ijab Kabul ) via Telecommunications in the Digital Era and Its Alignment with Sustainable Development Goal : Case of Indonesia
items: A Discourse of Personal Data Protection: How Indonesia Responsible under Domestic and International Law?
items: Initiating a Marketing Mix in The Regulation of The Sale of State-owned Assets
items: Legal Framework of Indonesia’s Energy Transition: Regional Autonomy and Chinese Investment in Green Development
items: Legal Protection For Informal Workers In Realizing Decent Work To Achieve The Sustainable Development Goals
items: Politics and Law Implementing the New Normal Pandemic Covid -19 in Society di Bandar Lampung City
items: Regulating Alternative Crowdfunding: Legal Challenges in Advancing Indonesian SMEs Amid Consumer Protection, Transparency, and Strict Platform Oversight—A Comparison with Austria
items: Feasibility Analysis Of Implementing Alternative Dispute Resolution In Tax Dispute Settlement In Indonesia
items: Philosophical Discourse Relationship Articles 1 and 2 of the National Criminal Code, Such as Relationship of Human Body and Soul

PHILIPPINES-THAILANDINDONESIA EXPLORATION: Recontextualizing Anti-SLAPP in Protecting Access to Ecological Justice
type: item
description: This study examines the strategic challenges faced by environmental rights defenders in Indonesia, the Philippines, and Thailand, including the abuse of the law through the practice of Strategic Lawsuits Against Public Participation (SLAPPs) used by corporations or authorities to silence public criticism of environmental damage. Although all three countries have legal instruments for protection, their implementation is still limited and does not comprehensively cover aspects of procedural law. This study uses a normative legal approach with a comparative legal method to analyze the form of anti-SLAPP legal protection and its potential integration into the criminal procedural system. The results show that Indonesia and the Philippines still limit legal protection to environmental issues, while Thailand has more advanced normative provisions but has not been effective in preventing SLAPPs at the early stages of the legal process. A legal mechanism is needed that allows for the termination of SLAPP cases at the investigation or prosecution stage through clear legal indicators and strengthening prosecutorial discretion based on the principle of public interest. The novelty of this study lies in the proposed integration of Anti-SLAPP principles into criminal procedural law as a preventive measure against the criminalization of environmental activists and as a recognition of ecological justice, where protection of public participation and freedom of expression is an integral part of social justice in the context of environmental protection.
subject: Articles
  topic: section
subject: Anti-SLAPP
  topic: keywords
subject: Access to justice
  topic: keywords
subject: Comparation Law
  topic: keywords
subject: Ecological Justice
  topic: keywords
creator: Erwin Syahruddin
creator: Andre Cardenas Jr.
creator: Akbar Sarif
creator: Rahmat Saputra
rights: Copyright (c) 2025 Erwin Syahruddin, Andre Cardenas Jr., Akbar Sarif, Rahmat Saputra (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-26
publication date: 2025-12-26
starting page: 607
ending page: 642
doi: 10.15294/pandecta.v20i2.29495

The Urgency Of Regulating Foreign Bribery Crime In Indonesia:Constitutional Legal Framework Analysis
type: item
description: The focus of the research is on the urgency of regulating foreign bribery crime in Indonesia as well as the Indonesian constitution perspective. This issue raises concerns, because the regulation of foreign bribery crime has not been included in Indonesian Laws, making Indonesia a country that cannot follow up on this criminal act. The questions that arise are 1) what the urgency of the regulation of the law on foreign bribery crime in Indonesia is is 2) what the perspective of the Indonesian constitution regarding foreign bribery crime is is. The purpose of this study is to describe the urgency of legal regulation of the concept of foreign bribery crime in Indonesia, and the perspective of the Indonesian constitution regarding foreign bribery crime. The research method uses juridic-normative research with a qualitative approach to law. The results of the research show that 1) Indonesia is a participating country of UNCAC and has ratified it through Law Number 7 of 2006. However, until now there is no regulation to criminalize foreign bribery. In fact, according to the researcher, this is an urgency because the opportunity for variation in corruption cases but not followed by criminal reform of the criminal offense, resulting in the enforcement of corruption crimes is not optimal. 2) The Indonesian Constitution, by adopting Foreign Bribery in Indonesian legislation, it is hoped that Indonesia can enforce its laws fairly
subject: Articles
  topic: section
subject: Foreign Bribery Crime, Constitutional, Urgency
  topic: keywords
creator: Rodiyah Rodiyah
creator: Asyaffa Ridzqi Amandha
creator: Indah Sri Utari
creator: Anis Widyawati
rights: Copyright (c) 2025 Rodiyah Rodiyah, Asyaffa Ridzqi Amandha , Indah Sri Utari, Anis Widyawati (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 563
ending page: 606
doi: 10.15294/pandecta.v20i2.17952

Restorative Legal Challenges of Abortion for Rape Victims in Indonesia
type: item
description: Indonesia has provided leniency and exceptions to abortion for rape victims. The legalization of abortion is the fulfillment of the rights of rape victims to obtain abortion services as soon as possible by the requirements stipulated in the health law. In reality, the fulfillment of this right cannot be fully implemented. A challenge lies in the weak enforcement of the law. Indonesia has not firmly supported this rule. Victims have difficulty accessing abortion services. No regulation on emergency services regulates clearly and in a structured manner within the scope of the police or the scope of health organizations and victim protection organizations. In addition, the strengthening of the mentality of law enforcers and stakeholders has not been fully achieved. This study aims to explore the implications and factors that hinder access to abortion services for rape victims. The results of the study show that the factors that hinder access to abortion are due to weak law enforcement, weaknesses in the substance of the law, the complexity of laws and regulations, and the feeble mentality of the parties involved, so that slow handling results in the inability to implement abortion services for rape victims. To achieve the implementation of this abortion regulation, a national policy is needed within the scope of the police, policies in health organizations, and one-stop integrated service procedures. The urgency of this policy, apart from contributing to policy reform, is also important to make it easier for victims to get services without having to drain their energy, time, and costs. Based on this, Indonesia needs to take a more pragmatic, rational, integrated, and comprehensive approach through widespread socialization to the community, police, and other stakeholders.
subject: Articles
  topic: section
subject: Abortion Law
  topic: keywords
subject: Legal Challenges
  topic: keywords
subject: Rape Victims
  topic: keywords
creator: Renih Setiawan
creator: Syarif Saddam Rivanie
rights: Copyright (c) 2025 Renih Setiawan, Syarif Saddam Rivanie (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-25
publication date: 2025-12-25
starting page: 779
ending page: 822
doi: 10.15294/pandecta.v20i2.22726

Establishment Of A Voluntary Self Regulation Non-Governmental Consumer Dispute Resolution Organization In Principle Of Fairness And Equality
type: item
description: Developments in the economic sector will increase the production and consumption power of society. If consumers suffer losses, economic agents are obliged to be able to provide compensation for the products sold to consumers. The UUPK provides for alternative dispute resolution outside the judicial system, namely through the Non-Governmental Consumer Protection Agency (LPKSM). Settlement of consumer disputes in LPKSM with a voluntary self-regulation mechanism or self-regulation as an effort to regulate, control, evaluate, select and determine a performance that will certainly minimise or reduce the number of disputes that go to the Consumer Disputes Board (BPSK) or the District Court. The research method uses normative legal research by tracing literature studies using a normative legal approach in order to obtain new perceptions of the situation by providing a new form of concept in resolving consumer disputes at LPKSM. The concept of the LPKSM's Voluntary Self-Regulation Mechanism is designed to help various parties, especially business actors and consumers, quickly and inexpensively to resolve disputes at the lowest level before they reach the BPSK or the courts. As a form of voluntary self-regulation, mediation is the right method to implement the principle of equality before the law. The LPKSM acts as a third party, an outsider who is declared to be neutral (impartial) and who helps the parties to come to an agreement. The benefits of resolving consumer disputes are quick, inexpensive and confidential, and can even be described as a win-win solution, set out in a joint peace deed.
subject: Articles
  topic: section
subject: Consumer disputes, fairness, LPKSM, voluntary self regulation
  topic: keywords
creator: Satrio Ageng Rihardi
creator: Budi Santoso
creator: Ery Agus Priyono
rights: Copyright (c) 2025 Satrio Ageng Rihardi, Budi Santoso, Ery Agus Priyono (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 521
ending page: 562
doi: 10.15294/pandecta.v20i2.21086

Digital Transformation of Public Services as an Instrument for Enforcing the Principles of Transparent and Accountable Governance: A Study on the DPMPTSP of Kendal Regency
type: item
description: Digital transformation in public services is a strategic step in enhancing the effectiveness, efficiency, and transparency of bureaucracy. This study employs a qualitative approach with an empirical juridical method to analyze the public service innovations implemented by the Investment and One-Stop Integrated Service Agency (DPMPTSP) of Kendal Regency in supporting good governance. Data were collected through interviews with DPMPTSP staff, direct observations of digital services, and an analysis of policy documents related to public service innovation. The findings indicate that various digital-based innovations, such as public service websites, geospatial information systems, business partnership platforms, and Self-Service Printing Kiosks (ACM), have positively impacted accessibility, streamlined licensing procedures, and strengthened bureaucratic accountability. However, the study also identifies challenges in system integration and human resource readiness in managing the implemented technology. Therefore, strengthening digital infrastructure, enhancing human resource capabilities, and optimizing service evaluation mechanisms are necessary to ensure the sustainability of these innovations and their alignment with good governance principles.
subject: Articles
  topic: section
subject: Public service innovation
  topic: keywords
subject: digital transformation
  topic: keywords
subject: good governance
  topic: keywords
creator: Mulyono Adi Nugroho
creator: Muhammad Azmi Syafiq
creator: Indah Sri Utari
creator: Rodiyah Rodiyah
rights: Copyright (c) 2025 Mulyono Adi Nugroho, Muhammad Azmi Syafiq, Indah Sri Utari, Rodiyah Rodiyah (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 463
ending page: 484
doi: 10.15294/pandecta.v20i1.20683

Protection of the Rights of Children in Conflict with the LawIn the Juvenile Criminal Justice System in Indonesia
type: item
description: A child is someone who is not yet 18 years old, including a child who is still in the womb. Every child has the principle of basic rights, namely survival, non-discrimination, growth and development, and respect for participation. A child in conflict with the law is someone who is 12 years old, but not yet 18 years old who is suspected of committing a crime. Protection of the rights of children in conflict with the law needs to be carried out so that the child continues to receive their rights. This writing examines the basic rights of children for children in conflict with the law in Indonesia and the protection of the rights of children in conflict with the law in Indonesia. This writing uses a normative legal method, namely positive legal research, research on legal principles, clinical legal research, legal research examining legislation, and comparative legal research and synchronization of legislation. Handling of child cases is carried out based on the Juvenile Criminal Justice System so that the protection of the rights of children in conflict with the law in Indonesia can be implemented properly and children in conflict with the law continue to receive their rights in full. Keywords: Principles of children's rights; children in conflict with the law; child protection; reform of the Juvenile Criminal Justice System.
subject: Articles
  topic: section
subject: Child Protection
  topic: keywords
subject: Children in Conflict with the Law
  topic: keywords
subject: Principles of Children's Rights
  topic: keywords
subject: Reform of the Juvenile Criminal Justice System
  topic: keywords
creator: Rahmawan Dianto
creator: Martitah
creator: Dewi Sulistianingsih
rights: Copyright (c) 2025 Rahmawan Dianto, Martitah, Dewi Sulistianingsih (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-25
publication date: 2025-12-25
starting page: 699
ending page: 716
doi: 10.15294/pandecta.v20i2.20506

The Role of Big Data in Crime Prevention and Criminal Law Enforcement: Balancing Efficiency and Personal Data Protection
type: item
description: Crime prevention and criminal law enforcement require clear arrangements so that at the same time they can form good protection for every Indonesian citizen's personal data. The purpose of this paper is to analyse the concept of using big data in crime prevention as well as criminal law enforcement and the form of boundaries and protection of personal data in the use of big data in crime prevention as well as criminal law enforcement. To achieve the results used, the research method used is a case approach and a statutory approach. From this writing, the use of big data in the context of crime prevention and criminal law enforcement has grown rapidly along with IT advances. Big data includes the collection, analysis and processing of large and diverse amounts of information. In disclosing crime cases using big data, it must also be linked to regulations on personal data protection and the data used in case disclosure must also be guaranteed validity, so that the activities carried out do not damage the sense of justice in society
subject: Articles
  topic: section
subject: Big Data
  topic: keywords
subject: Criminal law
  topic: keywords
subject: Preventation
  topic: keywords
creator: Lesson Sihotang
creator: July Esther
creator: Jusnizar Sinaga
creator: Yanti Tiara Br Siahaan
creator: Donius Ndruru
rights: Copyright (c) 2025 Lesson Sihotang, July Esther, Jusnizar Sinaga, Yanti Tiara Br Siahaan, Donius Ndruru (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 669
ending page: 698
doi: 10.15294/pandecta.v20i2.20485

The Role of Palanta Baselo Nagari Sungai Duo in Resolving Criminal Acts Through Restorative Justice in Multi-Ethnic Communities
type: item
description: Legal issues in a multiethnic society lie in the implementation of Article 2 of the Regulation of the Chief of Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice. One form of restorative justice is Palanta Baselo Nagari Sungai Duo which is used to resolve criminal cases in a multiethnic society in the jurisdiction of the Sitiung Police, Dharmasraya Police. This study aims to analyze the challenges faced by Palanta Baselo in handling criminal cases based on restorative justice. This research is empirical legal research with analytical descriptive specifications. The findings of the study conclude that the resolution of criminal cases through Palanta Baselo Nagari Sungai Duo in a multiethnic society in the jurisdiction of the Sitiung Police, Dharmasraya Police has been implemented. However, in practice, there is still a lack of facilities and infrastructure to support mediation. In addition, traditional figures who act as mediators also lack the skills to reconcile the disputing parties. Although the penghulu (traditional figure) is a respected and revered figure, they have not been equipped with the knowledge and skills to carry out mediation efforts effectively.
subject: Articles
  topic: section
subject: Criminal Acts
  topic: keywords
subject: Existence
  topic: keywords
subject: Palanta Mediation
  topic: keywords
subject: Resolution
  topic: keywords
creator: Fitriati
creator: Iyah Faniyah
creator: Nurhadiansyah
rights: Copyright (c) 2025 Fitriati, Iyah Faniyah, Nurhadiansyah (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-25
publication date: 2025-12-25
starting page: 757
ending page: 778
doi: 10.15294/pandecta.v20i2.20143

Efforts To Harmonize Conflicts In The Regulation Of Corporate Social Responsibility (Csr) In The Indonesian Legal System
type: item
description: The focus of this research is on the critical issue of overlapping Corporate Social Responsibility (CSR) regulations within Indonesia's legal system. This is a significant problem that affects business compliance and social development outcomes. The study investigates the normative juridical aspects of various legislative frameworks, including the Company Law, Investment Law, and Mining Law. The study identifies three major consequences of regulatory redundancy: uncertainty in implementation standards, resource inefficiency due to program duplication, and complexity in supervision. It highlights systemic weaknesses within Indonesia's CSR legislative system and proposes an innovative legislative model to integrate CSR. To enhance legal certainty and implementation effectiveness, the study recommends a comprehensive harmonization method that integrates regulations, establishes consistent implementation mechanisms, and develops supervision protocols. These findings assist policymakers and legal practitioners in improving Indonesia's CSR regulatory framework.
subject: Articles
  topic: section
subject: Corporate Social Responsibility,
  topic: keywords
subject: Legal Harmonization
  topic: keywords
subject: Regulatory Obesity
  topic: keywords
creator: Basrawi Basrawi
creator: Laode Awal Sakti
creator: Jusafri Jusafri
creator: Putri Aulia
creator: Satmawati Satmawati
rights: Copyright (c) 2025 Basrawi Basrawi, Laode Awal sakti, Jusafri, Putri Aulia, Satmawati (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 643
ending page: 668
doi: 10.15294/pandecta.v20i2.18702

Restorative Justice In Indonesian Criminal Code: Navigating Fragmentation And Lessons From Malaysia And The United States
type: item
description: Restorative justice is an approach to criminal case resolution that prioritizes restoration over retribution by involving victims, offenders, their families, and other relevant parties in a participatory process. This study examines the development of restorative justice in Indonesia, particularly its incorporation into the new Indonesian Criminal Code, using a normative legal method combined with a comparative study of practices in the United States and Malaysia. The novelty of this research lies in its focus on Indonesia’s unique regulatory challenges, specifically the persistence of regulatory dissonance due to fragmented implementing regulations and inconsistent law enforcement practices, and in offering a comparative perspective on how harmonized policies in other jurisdictions can provide solutions. The findings reveal that, although the new Code formally accommodates restorative justice principles, the lack of harmonization has resulted in unclear guidelines, varied field applications, and suboptimal victim recovery. Victims often experience confusion in accessing restorative mechanisms, while law enforcement officers face obstacles due to inadequate training and the absence of unified standards. To address these challenges, this paper recommends policy harmonization at all governmental levels, the establishment of coordinated guidelines across law enforcement agencies, and the enhancement of institutional capacity through specialized training. By drawing lessons from the cohesive frameworks adopted in the United States and Malaysia, this study contributes to the existing literature by highlighting the importance of harmonized policies to ensure legal certainty, consistency, and better restorative justice outcomes for both victims and offenders in Indonesia.
subject: Articles
  topic: section
subject: Harmonization, Indonesian Criminal Code Restorative Justice
  topic: keywords
creator: Abiandri Fikri Akbar
rights: Copyright (c) 2025 Abiandri Fikri Akbar (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-15
publication date: 2025-12-15
starting page: 485
ending page: 520
doi: 10.15294/pandecta.v20i2.18605

Indonesia's Dispute Against the European Union Related to The Nickel Ore Export: WTO Case Analysis
type: item
description: The purpose of this study is to examine the basis of the World Trade Organization (WTO) decision in favor of the European Union over Indonesia in the case of a ban on nickel ore exports by the Government of Indonesia and the appeal efforts that can be taken by the Indonesian government against the decision. This study uses normative legal research methods with conceptual and statutory approaches. The results of the study show that the basis of the WTO ruling in favor of the European Union over Indonesia in the case of the Indonesian Government's Nickel Seed Export Ban is that the Nickel Processing and Refining policy in Indonesia is proven to violate the provisions of WTO Article XI.1 GATT 1994 and cannot be justified by Articles XI.2 (a) and XX (d) GATT 1994. Indonesia is also deemed to be conducting a prohibited subsidy scheme under Subsidy and Countervailing Measures Agreement Article 3.1 through Minister of Finance Regulation (PMK) No. 76 Year 2012. The appeal has been taken by the Indonesian government officially in December 2022 and is still waiting for the formation of the WTO Appellate Body. Indonesia has a great opportunity to win a dispute at the WTO if Indonesia can prove the existence of national laws governing international trade, especially in the mining sector.
subject: Articles
  topic: section
subject: Downstream (mining) policy
  topic: keywords
subject: Appeals
  topic: keywords
subject: European Union
  topic: keywords
subject: Nickel Ore
  topic: keywords
creator: Dinar Al Qadri
creator: Suarni Sonda
creator: Muhammad Fadly Saleh
creator: Eddy Pelupessy
creator: Thresia Hilda Mathelda Yenkase
rights: Copyright (c) 2025 Dinar Al Qadri, Suarni Sonda, Muhammad Fadly Saleh, Eddy Pelupessy, Thresia Hilda Mathelda Yenkase (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 437
ending page: 462
doi: 10.15294/pandecta.v20i1.18321

Protecting Start-Up Workers: Social Security and Decent Employment in the Gig Economy Era
type: item
description: The growth of start-ups in Indonesia in the GIG economic era brings new challenges related to social security protection for workers. This study aims to examine the legal protection of start-up workers in obtaining social security and decent working conditions, especially in the context of the risk of losing their job. The main problem raised is the lack of optimal regulations that protect startup workers who are generally informal and do not have formal employment relationships. The research method used is a normative legal method with a statute and conceptual approach, using primary, secondary, and tertiary legal materials. The results show that startup workers face high vulnerability to termination of employment (PHK) without adequate social security protection. Although there is a unemployment benefits program through the Job Creation Law, its implementation is not inclusive of non-formal workers. This study concludes the need for regulatory changes to be more inclusive, as well as the need to recognize the status of startup workers in the social protection system. Collaborative efforts between governments, startups, and digital platforms are essential to expand social security coverage, to ensure decent working conditions for all workers in the digital age and GIG economy.
subject: Articles
  topic: section
subject: GIG Economy
  topic: keywords
subject: Unemployment Benefits
  topic: keywords
subject: Start-up Workers
  topic: keywords
subject: Social Security Protection
  topic: keywords
subject: Labor Law Reform
  topic: keywords
creator: Agusmidah
creator: Holongi Theonia Lampungu Sitorus
creator: Fithriatus Shaliha
creator: Afriansyah Tanjung
creator: Arum Anggraeni Maulida
rights: Copyright (c) 2025 Agusmidah, Holongi Theonia Lampungu Sitorus, Fithriatus Shaliha, Afriansyah Tanjung, Arum Anggraeni Maulida (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 393
ending page: 436
doi: 10.15294/pandecta.v20i1.17991

Green Politics and Parties: Strategies for internalising Green Politics in Indonesia
type: item
description: This study aims to put forward the idea of a strategy for internalising Green Politics in Indonesia by looking at good practices in other countries such as the practice of green party campaigns in Australia and the presence of Green Parties in Germany. This study uses Qualitative research. This method was chosen to analyse and deeply explore important issues related to Green Politic in this study. This study concludes that there are 2 (two) efforts to internalise Green Politic in Indonesia, namely First, by initiating an environment-based social movement into political parties in Indonesia such as the practice carried out by the Indonesian Forum for the Environment (WALHI) by looking at the good practices of the Green campaign in Australia and the second is the idea of internalising Green Politic through the formation of Green Parties in Indonesia such as the practice of green parties in Germany with the hope that these two efforts can make changes, especially in efforts to do justice in the environmental field through the process of formulating policies that are in favour of environmental issues in Indonesia.
subject: Articles
  topic: section
subject: Politic
  topic: keywords
subject: Green Party
  topic: keywords
subject: Strategy
  topic: keywords
subject: Internalising
  topic: keywords
subject: Indonesia
  topic: keywords
creator: Rico Septian Noor
creator: Kiki Kristanto
creator: Ariani Yestati
creator: Joanita Jalianery
creator: Evi
rights: Copyright (c) 2025 Rico Septian Noor, Kiki Kristanto, Ariani Yestati, Joanita Jalianery, Evi (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 350
ending page: 392
doi: 10.15294/pandecta.v20i1.16691

Indonesia's Carbon Trading as a Decarbonization Effort in Achieving the Enhanced Nationally Determined Contribution (ENDC) Target
type: item
description: Carbon trading is one of the instruments in efforts to reduce emissions and encourage decarbonization. As a country with significant emissions, Indonesia contributes to global emissions reductions through carbon trading mechanisms conducted directly or through the Indonesia Carbon Market (IDXCarbon). However, carbon trading in Indonesia faces challenges such as lack of participation and issues that influence businesses decision to participate. This study aims to analyze the causes of low carbon trading in Indonesia and evaluate companies' efforts to reduce emissions, using empirical normative research methods, as well as qualitative data analysis with inductive methods. The results show that Indonesia's carbon trading is currently mandatory for the energy sector - power generation subsector, especially coal-fired power plants as the largest emission-contributing sector. While other sectors are still implementing carbon trading voluntarily. However, the obligation has not been followed by strict sanctions such as fines, but only administrative sanctions which are considered less effective. Therefore, there is a need for additional arrangements regarding fines. In addition, former President Joko Widodo's statement at the inauguration of IDXCarbon that Indonesia's carbon trading potential through the carbon exchange could reach Rp3,000 trillion has not been optimized, as evidenced by the low frequency of transactions and limited market participation. On the other hand, carbon trading has also not become the main choice for listed companies as a form of decarbonization, but only as an additional option to reduce their emissions.
subject: Articles
  topic: section
subject: Carbon trading
  topic: keywords
subject: decarbonization
  topic: keywords
subject: enhanced nationally
  topic: keywords
subject: determind contribution (ENDC)
  topic: keywords
creator: Kharren Hadi
creator: Jerry Shalmont
rights: Copyright (c) 2025 Kharren Hadi, Jerry Shalmont (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 305
ending page: 349
doi: 10.15294/pandecta.v20i1.16181

The Executorial Power of the Stipulation on The Division of Joint Property Based on a Peace Agreement In a Divorce Case
type: item
description: The purpose of this study is to determine and analyze the executorial power of the verdict regarding the division of joint property on the basis of a peace agreement as outlined in a divorce verdict in the Religious Court, the differences in views between the Judges of the Banjar City Religious Court in West Java and the Head of the Banjar City Land Office in West Java regarding the executorial power in the peace agreement as outlined in divorce verdict number 722/Pdt.G/2020/PA/Bjr, and solutions to the differences in views regarding the executorial power in divorce verdict number 722/Pdt.G/2020/PA/Bjr. This type of research is empirical normative research. Data obtained based on library data research, namely primary, secondary and tertiary legal materials, then continued with primary data. The collected data is analyzed qualitatively and presented descriptively. The results showed that the executorial power in divorce verdict number 722/Pdt.G/2020/PA.Bjr is in the irah-irah which reads “For the Sake of Justice Based on God Almighty”. The decision is condemnatory or punishment imposed on the applicant and respondent to implement the peace agreement. The transfer of land rights based on a court decision can be carried out based on the provisions of Article 55 of Government Regulation Number 24 of 1997 or using a grant deed provided that the clause contains a peace agreement resulting from the mediation on November 30, 2020.
subject: Articles
  topic: section
subject: Executorial Power
  topic: keywords
subject: Transfer of Land Rights
  topic: keywords
subject: Peace Agreement
  topic: keywords
creator: Ravilka Yustitia Ismail
creator: Hartini Hartini
rights: Copyright (c) 2025 Ravilka Yustitia Ismail, Hartini Hartini (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 282
ending page: 304
doi: 10.15294/pandecta.v20i1.15998

Efforts To Prevent Criminal Acts Of Corruption By The Repbulic Of Indonesia Prosecutor Office Trough The Return Of State Financial Losess Reviewed From The Value Of Justice
type: item
description: Corruption is a global challenge that crosses national borders and various sectors of development. This act of corruption is not only a threat to economic stability, but also becomes an obstacle in achieving sustainable development. The state has a responsibility to fulfill the rights to basic community needs in the context of public services. The Indonesian government, as mandated by the Constitution of the Republic of Indonesia regarding public services, has an obligation to build public trust in accordance with the demands and expectations of the community. This article discusses the problem of how the Prosecutor's Office attempts to recover state financial losses by perpetrators of criminal acts of corruption and the concept of recovering state financial losses based on the values ​​of welfare and justice. The method used in this writing is a normative research method. The results of this research are the efforts that can be taken by the Prosecutor's Office of the Republic of Indonesia to recover state financial losses caused by criminal acts of corruption, which can be started at the investigation stage. So that the implementation of a punishment based on the values ​​of welfare and justice will provide benefits to the state structure and improve the welfare of the Indonesian nation.
subject: Articles
  topic: section
subject: return
  topic: keywords
subject: loss
  topic: keywords
subject: country
  topic: keywords
subject: corruption
  topic: keywords
creator: Rizky Ika Pratiwi
creator: Pujiyono
creator: Budi Ispriyarso
rights: Copyright (c) 2025 Rizky Ika Pratiwi, Pujiyono, Budi Ispriyarso (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 249
ending page: 281
doi: 10.15294/pandecta.v20i1.14714

Elaboration of Legal Anthropology and Anthropolinguistic Studies on the Existence of the Moronene Tribal Community After the Determination of the Hukaea Laea Traditional Area
type: item
description: Elaboration of legal anthropology and anthropolinguistic studies places the Moronene indigenous people as speakers who live communally with certain standards in maintaining customs and managing natural resources. This research aims to determine the existence of the Moronene indigenous community after the establishment of the Hukaea Laea customary area and to find the concept resulting from the elaboration of legal anthropology and anthropolinguistics studies. This research uses a theoretical (legal anthropology and anthropolinguistic) framework as a guide that serves as a guide for empirical research in the field. The research findings indicate that the implementation of legal anthropology studies to elucidate the existence of the Moronene Indigenous community encompasses the historical recognition of Moronene customary land rights and the legal norms applicable within the community. Meanwhile, the implementation of anthropolinguistics reveals that language is not only a means of communication but also a tool for affirming the existence and sustainability of Indigenous culture. The result of the elaboration of these two fields is the concept of sustainable tourism, that aims to minimize the impact on the environment and socio-cultural aspects while also providing economic benefits to the local community.
subject: Articles
  topic: section
subject: Legal Anthropology
  topic: keywords
subject: Anthropolinguistic
  topic: keywords
subject: Indigenous Community
  topic: keywords
subject: Hukaea Laea
  topic: keywords
creator: Nur Hidayani Alimuddin
creator: Jusafri
creator: Muhammad Rahmat Alimuddin
creator: Nur Ihsan Halil
creator: Irsan Rahman
rights: Copyright (c) 2025 Nur Hidayani Alimuddin, Jusafri, Muhammad Rahmat Alimuddin, Nur Ihsan Halil, Irsan Rahman (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 228
ending page: 248
doi: 10.15294/pandecta.v20i1.14321

The Authority of the Deposit Insurance Corporation as a Neo Lender of Last Resort: Prudential Principles and Risk Management from the Perspective of Monetary Constitutionalism
type: item
description: Law No. 4 of 2023 on the Development and Strengthening of the Financial Sector has given a new authority to the Deposit Insurance Corporation (LPS) to place funds in order to handle bank liquidation problems. This authority makes LPS like a neo Lender of Last Resort (LoLR) institution that the central bank generally plays. The placement of funds by LPS can pose a great risk considering that the bank that receives the placement of funds falls into the category of banks under the restructuring of the Financial Services Authority (OJK) and does not meet the requirements of receiving loans or short-term liquidity financing from Bank Indonesia (BI). The research shows that: first, the authority of LPS as a neo LoLR in the form of fund placement can still be debated because it creates a double LoLR that is not in accordance with the principle of division and separation of powers. However, in a historical perspective, the authority to place LPS funds has existed since the mass economic crisis conditions caused by COVID-2019 with the issuance of PP No. 33 of 2020. Second, BI’s short-term liquidity loans or financing have more comprehensive requirements than the requirements for the placement of funds from LPS. These different requirements are very dangerous because they have the potential to ignore the character of predictability and knowledge in monetary constitutionalism. Even if the authority to place LPS funds exists, the implementation must apply the principles of prudence and risk management to anticipate potential unpredictable losses.
subject: Articles
  topic: section
subject: LPS
  topic: keywords
subject: The Placement Of Funds
  topic: keywords
subject: Neo-Lender Of Last Resort
  topic: keywords
subject: Monetary Constitutionalism
  topic: keywords
creator: Teguh Tresna Puja Asmara
creator: Mei Susanto
creator: Muhammad Yoppy Adhihernawan
rights: Copyright (c) 2025 Teguh Tresna Puja Asmara, Mei Susanto, Muhammad Yoppy Adhihernawan (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 200
ending page: 227
doi: 10.15294/pandecta.v20i1.14220

Effectiveness of Patent License Arrangements in Encouraging Technology Transfer in Indonesia
type: item
description: Patent licensing is an important instrument in promoting technology transfer, especially in developing countries like Indonesia. However, the implementation of patent licensing still faces various challenges, both from the regulatory side and in practice on the ground.This study aims to evaluate the effectiveness of patent licensing legal regulations based on Law Number 13 of 2016, as well as to identify structural and institutional barriers in its implementation. Using a normative legal approach complemented by empirical literature studies, this research found that the lack of detailed regulations regarding the substance of licenses and the weak government oversight are the main obstacles. Derivative regulations and the strengthening of reporting and evaluation mechanisms are needed so that patent licenses truly function as a means of sustainable and fair technology transfer.
subject: Articles
  topic: section
subject: Patent License Arrangements
  topic: keywords
subject: Technology Transfer
  topic: keywords
creator: Nur Aisyah Thalib
creator: Abd Thalib
rights: Copyright (c) 2025 Nur Aisyah Thalib, Abd Thalib (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 174
ending page: 199
doi: 10.15294/pandecta.v20i1.13764

Digital System Innovation to Strengthen the Constitutional Court in Managing Simultaneous Election Disputes Indonesia
type: item
description: This study examines the overburdening of the Constitutional Court (MK) due to the high volume of regional head election (pilkada) disputes, which has led to case backlogs, reduced legal efficiency, and increased state expenditures. Although institutions like Bawaslu and PTUN also have authority to resolve these disputes, many cases are submitted directly to MK, bypassing other mechanisms. Using a normative juridical method that includes legal analysis, historical context, comparative law, and case studies, the research evaluates previous dispute resolution practices and proposes a digitalization-based reform. Key challenges identified include procedural inefficiencies, high costs, and a lack of institutional coordination. The current system is viewed as suboptimal, with many disputes producing outcomes that fail to satisfy parties involved. To address these issues, the study proposes a digital platform aimed at streamlining the resolution process through integrated case registration, document submission, and inter-agency coordination. This system would reduce MK’s caseload, cut operational costs, and enhance transparency and accountability via real-time monitoring. By reinforcing the roles of Bawaslu and PTUN, the platform could help redistribute dispute resolution authority more effectively. The study concludes that digital transformation offers a viable solution to improve the efficiency, fairness, and cost-effectiveness of pilkada dispute resolution in Indonesia.
subject: Articles
  topic: section
subject: Digital System
  topic: keywords
subject: Constitutional Court
  topic: keywords
subject: Election Disputes Indonesia
  topic: keywords
creator: Tarmudi
creator: Geofani Milthree Saragih
creator: Fauzan Ghafur
creator: Indana Zulfah
creator: Zean Via Aulia Hakim
rights: Copyright (c) 2025 Tarmudi, Geofani Milthree Saragih, Fauzan Ghafur, Indana Zulfah , Zean Via Aulia Hakim (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 140
ending page: 173
doi: 10.15294/pandecta.v20i1.13748

Reform of the Land Registration System in Indonesia: A Max Weberian Rational-Legal Bureaucracy Approach
type: item
description: Social transformation and the increasing economic value of land in Indonesia have intensified the demand for legal certainty in land rights. Although Law Number 5 of 1960 introduced land registration to provide legal protection through certification, the prevailing negative publication system with positive elements remains problematic. It fails to ensure state responsibility for certificate accuracy, even when acquired in good faith, thus posing risks of legal uncertainty and agrarian conflict. This study analyzes the rationale for transitioning to a pure positive publication system using Max Weber’s rational-legal bureaucracy theory, emphasizing formal procedures, predictability, and administrative accountability. Employing normative legal research with conceptual, statutory, comparative, and historical approaches, this study draws from secondary legal materials analyzed through legal interpretation and the Weberian framework. The findings reveal that a positive publication system better aligns with Weberian principles and supports legal certainty. This reform is essential for enhancing land administration legitimacy and promoting inclusive, accountable agrarian governance in Indonesia.
subject: Articles
  topic: section
subject: Bureaucratic
  topic: keywords
subject: Land Registration
  topic: keywords
subject: Positive Publication System
  topic: keywords
subject: Rationality
  topic: keywords
creator: Abdul Wahid
creator: I Gusti Ayu Ketut Rachmi Handayani
creator: Lego Karjoko
rights: Copyright (c) 2025 Abdul Wahid, Prof. Dr. I Gusti Ayu Ketut RH, S.H., M.M. , Prof. Dr. Lego Karjoko, S.H., M.H. (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-25
publication date: 2025-12-25
starting page: 717
ending page: 756
doi: 10.15294/pandecta.v20i2.13666

Strengthening Legal Certainty of Marriage Contract (Ijab Kabul ) via Telecommunications in the Digital Era and Its Alignment with Sustainable Development Goal : Case of Indonesia
type: item
description: This research investigates the legal implications and challenges of adapting ijab kabul (Islamic marriage contract) to the digital era in Indonesia. The rise of telecommunications technologies—especially video calls—has enabled remote marriages during the COVID-19 pandemic and in geographically separated contexts. While digital ijab kabul offers efficiency and broader access, questions persist regarding its legal validity, potential for fraud, and regulatory ambiguity. Currently, Indonesia’s Marriage Law No. 1 of 1974 requires physical presence for marriage to be legally valid. However, the Indonesian Ulema Council (MUI) has issued a fatwa allowing digital ijab kabul under specific conditions: real-time audiovisual communication, verified identities, and a shared session (ittihad al-majlis). These criteria demonstrate partial acceptance of digital presence under Islamic law, yet lack binding legal force. Using a normative juridical approach, this study analyzes statutory law, Islamic legal doctrines, and international comparisons with countries like Malaysia, Saudi Arabia, and the UAE. These nations have developed legal frameworks for digital marriage by enforcing identity verification (biometrics, e-signatures) and procedural integrity. The study proposes that Indonesia revise Article 26 of the Compilation of Islamic Law (KHI) to explicitly recognize digital ijab kabul, harmonizing it with Law No. 11/2008 on Electronic Information and Transactions (ITE Law). By formally acknowledging digital presence within ittihad al-majlis, Indonesia can ensure greater legal certainty and protect vulnerable parties. This legal reform supports Sustainable Development Goal (SDG) 16 by promoting access to justice, enhancing legal institutions, and fostering trust in digital innovations within religious and civil legal systems.
subject: Articles
  topic: section
subject: Digital Ijab Kabul
  topic: keywords
subject: Islamic Marriage Law
  topic: keywords
subject: Legal Reform
  topic: keywords
subject: SDG 16
  topic: keywords
creator: Muhyidin
creator: Budi Setyawan
creator: Mas nooraini hj mohiddin
creator: Ro’fah Setyowati
creator: Aisyah Ayu Musyafah
creator: Agus Sarono
creator: Islamiyati
rights: Copyright (c) 2025 Muhyidin, Budi Setyawan, Mas nooraini hj mohiddin, Ro’fah Setyowati, Aisyah Ayu Musyafah, Agus Sarono, Islamiyati (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 102
ending page: 139
doi: 10.15294/pandecta.v20i1.13645

A Discourse of Personal Data Protection: How Indonesia Responsible under Domestic and International Law?
type: item
description: The rapid advancement of digital technology has heightened concerns regarding personal data protection, particularly in Indonesia, where regulatory frameworks are still evolving. The ransomware attack on Indonesia’s National Data Center (Pusat Data Nasional/PDN) on June 20, 2024, which led to the leakage of citizens’ personal data and disrupted public services, has sparked widespread public criticism and demands for stronger data protection measures. This incident highlights Indonesia’s weak national cybersecurity system and raises critical questions regarding the state’s responsibility for safeguarding personal data under both domestic and international law. The findings reveal that while Indonesia has enacted Law No. 27 of 2022 on Personal Data Protection, its enforcement remains weak, leaving citizens vulnerable to cyber threats. From an international law perspective, Indonesia is obligated to protect personal data under frameworks such as the International Covenant on Civil and Political Rights (ICCPR) and the Responsibility of States for Internationally Wrongful Acts (RSIWA 2001). However, gaps in implementation, lack of institutional coordination, and inadequate cybersecurity infrastructure continue to hinder effective protection. The novelty of this research lies in its dual legal analysis, bridging domestic and international legal responsibilities while examining the broader implications of state accountability in cybersecurity governance. This study contributes to legal discourse by proposing reinforced legal frameworks, improved institutional coordination, enhanced international cooperation, and the adoption of sophisticated cybersecurity technologies. Strengthening legal, social, and cultural structures is essential to prevent future data breaches and ensure comprehensive protection of Indonesian citizens’ personal data.
subject: Articles
  topic: section
subject: Personal Data Protection
  topic: keywords
subject: Cybersecurity Governance
  topic: keywords
subject: State Responsibility
  topic: keywords
subject: International Law Compliance
  topic: keywords
subject: Legal Framework Enforcement
  topic: keywords
creator: Arnanda Yusliwidaka
creator: Muhammad Ardhi Razaq Abqa
creator: Khansadhia Afifah Wardana
rights: Copyright (c) 2024 Arnanda Yusliwidaka, Muhammad Ardhi Razaq Abqa, Khansadhia Afifah Wardana (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-10
publication date: 2024-12-10
starting page: 453
ending page: 482
doi: 10.15294/pandecta.v19i2.13279

Initiating a Marketing Mix in The Regulation of The Sale of State-owned Assets
type: item
description: State properties (BMN) that are auctioned do not always sell well at the first opportunity. Failure in the first auction could have an impact on the increasingly uneconomic value of the BMN because the condition can get worse/obsolete. This condition triggers the idea of implementing a marketing mix in regulations so that BMN sales are more optimal. This is legal research, intending to analyze the implementation of the principle "economically more profitable for the country", as well as analyzing the marketing mix as an aspect that can be considered in regulations, especially in the BMN sales process. This study uses a normative juridical method with a conceptual approach. Using primary legal materials and secondary law, processed and analyzed qualitatively, reinforced by the opinions of expert sources. The results of the study found that the 7 aspects of the marketing mix (product, price, place, promotion, people, physical evidence, and process) do not conflict with the principle "economically more profitable for the country". Overall, the marketing mix deserves to be considered in the sale of state-owned goods to be abolished. Sales of BMN with the application of a marketing mix according to marketing principles are expected to increase the potential for state revenues, and legally be more adaptive to the community.
subject: Articles
  topic: section
subject: Marketing Mix
  topic: keywords
subject: BMN Sales
  topic: keywords
subject: Auctions
  topic: keywords
creator: Tri Trisulo
creator: Budi Susilo
rights: Copyright (c) 2025 Tri Trisulo, Budi Susilo (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 66
ending page: 101
doi: 10.15294/pandecta.v20i1.13221

Legal Framework of Indonesia’s Energy Transition: Regional Autonomy and Chinese Investment in Green Development
type: item
description: In response to global efforts to reduce greenhouse gas emissions, Indonesia is promoting the adoption of electric vehicles (EVs), particularly battery-based electric motor vehicles (KBLBB), most of which are imported from China. This initiative aligns with the national commitment to achieve Net Zero Emissions by 2060 and transition from fossil fuels to renewable energy. The government has issued several legal instruments, including Presidential Decree No. 79 of 2023 and Presidential Instruction No. 7 of 2022, the latter mandating the use of KBLBB for official vehicles by regional governments. However, implementation at the regional level remains limited. Despite their potential as role models, local governments have not widely adopted KBLBB, in contrast to the central government. This discrepancy is attributed to the non-binding nature of presidential instructions and the autonomy granted to regional governments under Indonesia's decentralization framework. Using a normative juridical method with statutory and conceptual approaches, this study analyzes the effectiveness and legal enforceability of these policies. The key issue lies in the normative authority of presidential regulations versus local autonomy. The study argues that achieving a just and inclusive energy transition requires equitable adoption of KBLBB across all regions. Where regional governments face financial or infrastructural constraints, central government support is essential. Encouraging foreign particularly Chinese investment could accelerate infrastructure development and expand access to EV technology nationwide. Strengthening legal mandates and enhancing intergovernmental coordination are critical to advancing Indonesia’s sustainable transportation agenda
subject: Articles
  topic: section
subject: Energy
  topic: keywords
subject: Environment
  topic: keywords
subject: China
  topic: keywords
creator: Emmanuel Ariananto Waluyo Adi
creator: William Ong
creator: Marhaeni Ria Siombo
rights: Copyright (c) 2025 Emmanuel Ariananto Waluyo Adi, William Ong, Marhaeni Ria Siombo (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 28
ending page: 65
doi: 10.15294/pandecta.v20i1.12199

Legal Protection For Informal Workers In Realizing Decent Work To Achieve The Sustainable Development Goals
type: item
description: Goal 8 of the Sustainable Development Goals aims to promote inclusive and sustainable economic development, provide full and productive employment, and ensure decent work for all individuals. Regrettably, in Indonesia, the concept of decent work encompassing social security, workers' rights, social dialogue, and employment is exclusively applicable to the formal economic sector, neglecting the informal economic sector, which comprises unregulated wage workers, employers, and homeworkers. Indeed, informal economic development is a fundamental foundation of the nation's economy. Achieving this type of decent work is a goal for sustainable development and would help support a lasting economy, as stated in Article 28, paragraph (2) of the constitution. This research seeks to examine the legal safeguards for labor and decent work, the realization of labor rights post-labor legislation, and the correlation between employment and sustainable development. The research methodology used is normative, using both a conceptual framework and an analysis of laws and regulations. This study's findings indicate a correlation between employment and sustainable development. An adept workforce may expedite the nation's developmental trajectory, enabling it to compete with more advanced nations. The results will positively influence the process of entering new markets.
subject: Articles
  topic: section
subject: Decent Jobs
  topic: keywords
subject: Work
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Sustainable Development Goals
  topic: keywords
creator: Imam Budi Santoso
creator: Wiwin Triyunarti
creator: Athari Farhani
creator: Faiqah Nur Azizah
rights: Copyright (c) 2025 Imam Budi Santoso, Wiwin Triyunarti, Athari Farhani, Faiqah Nur Azizah (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2025-06-16
publication date: 2025-06-16
starting page: 1
ending page: 27
doi: 10.15294/pandecta.v20i1.11714

Politics and Law Implementing the New Normal Pandemic Covid -19 in Society di Bandar Lampung City
type: item
description: The Covid-19 pandemic and the spread of its new variants are still ongoing, causing many casualties worldwide, including in Indonesia, and impacting all sectors of life. The government has taken measures such as issuing regulations to combat the coronavirus pandemic, along with derivative regulations at the regional level, and launching a mass vaccination program to protect citizens from contracting this outbreak. Based on the above description, the objectives of this research are to identify and analyze 1) the alignment of the implementation of the new normal policy with the objectives of the state in the context of the Covid-19 pandemic; 2) the implementation and impact of the new normal in promoting a healthy lifestyle in Bandar Lampung City; and 3) the main factors that hinder the implementation of the new normal concept in Bandar Lampung City. This research is a normative and empirical legal study based on socio-legal aspects. The social settings are the local government offices of Bandar Lampung City, and the object of this research is the role of the local government of Bandar Lampung City in protecting the community, particularly in preventing the spread of the Covid-19 outbreak. Data were obtained through document studies and interviews, then validated through source analysis and research methodology. Based on the research, it was found that the condition of the Covid-19 outbreak with its new variants is currently fluctuating, tending to gradually decrease. However, the government remains vigilant regarding the fluctuating spread of the Covid-19 outbreak. Advisories for mask usage, vaccination, and health protocols are continuously disseminated to the public. Moreover, the participation of community leaders along with task forces in their respective areas is very useful in prevention and guidance to support the implementation of Covid-19 management. Thus, the new normal life can be applied by using health protocols in each environment.
subject: Articles
  topic: section
subject: New Normal Policy
  topic: keywords
subject: Legal Politics
  topic: keywords
subject: Socio-Legal
  topic: keywords
creator: Rj Agung Kusuma Arcaropeboka
creator: Afriadi Bin Sanusi
rights: Copyright (c) 2024 Rj Agung Kusuma Arcaropeboka, Afriadi Bin Sanusi (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2024-11-30
publication date: 2024-11-30
starting page: 723
ending page: 746
doi: 10.15294/pandecta.v19i2.11254

Regulating Alternative Crowdfunding: Legal Challenges in Advancing Indonesian SMEs Amid Consumer Protection, Transparency, and Strict Platform Oversight—A Comparison with Austria
type: item
description: Alternative crowdfunding has emerged as a vital financing solution for Small and Medium Enterprises (SMEs) in Indonesia, offering funding opportunities beyond traditional financial institutions and fostering economic growth. However, the Indonesian government must address risks such as fraud, personal data misuse, and investor losses by ensuring strong legal protection and regulatory oversight. This study examines the legal framework for equity-based crowdfunding and SME empowerment in Indonesia, drawing comparative insights from Austria’s well-established regulations. The novelty of this research lies in its comparative approach, which highlights regulatory asymmetries affecting investor confidence and SME access to funding. The urgency is underscored by Indonesia’s rapidly expanding digital finance sector, where weak governance could undermine crowdfunding’s potential. This normative legal study employs a descriptive-analytic approach, integrating legislative and conceptual perspectives from both jurisdictions. Findings indicate that Austria enforces investment limits, stringent platform accountability, and robust law enforcement, ensuring market stability while supporting SMEs. Conversely, Indonesia should ease SME access to crowdfunding while implementing investment caps to mitigate investor risks. Moreover, Austria’s strong judicial oversight and auditing mechanisms serve as a model for Indonesia, which requires enhanced regulatory enforcement and institutional capacity. This study contributes to legal scholarship by proposing a balanced regulatory model that fosters SME participation while ensuring investor protection, transparency, and sustainable market growth. By adopting best practices from Austria and Europe, Indonesia can refine its crowdfunding regulations to drive economic development while maintaining a secure financial ecosystem.
subject: Articles
  topic: section
subject: Capital
  topic: keywords
subject: Crowdfunding
  topic: keywords
subject: Protection
  topic: keywords
creator: Yudha Alfiani
creator: Syaugi Syaugi
creator: Rofiul Wahyudi
rights: Copyright (c) 2024 Yudha Alfiani, Syaugi Syaugi, Rofiul Wahyudi (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2024-12-11
publication date: 2024-12-11
starting page: 325
ending page: 362
doi: 10.15294/pandecta.v19i2.10544

Feasibility Analysis Of Implementing Alternative Dispute Resolution In Tax Dispute Settlement In Indonesia
type: item
description: The number of cases and the backlog of tax disputes in Indonesia underline the need to reform the dispute resolution system. To avoid prolonged dispute resolution and minimize the backlog, other dispute resolution areas, particularly civil disputes, recognize the non-litigation route known as Alternative Dispute Resolution (ADR). What are the opportunities for ADR in resolving tax disputes? ADR is less suitable for resolving tax disputes. This is due to the nature of tax disputes, which fall under public law, where the state's tax collection is based on norms established by law. If ADR is implemented, it may create opportunities for discretion on the part of tax officials, leading to the potential for abuse of authority.
subject: Articles
  topic: section
subject: ADR
  topic: keywords
subject: Tax
  topic: keywords
subject: Dispute settlement
  topic: keywords
creator: Nabitatus Sa'adah
creator: Budi Ispriyarso
creator: Kadek Cahya Susila Wibawa
creator: Lery Kristofer Panjaitan Susila Wibawa
creator: Muhammad Ikhwanurrohiim Septenta Susila Wibawa
rights: Copyright (c) 2024 Nabitatus Sa'adah, Budi Ispriyarso, Kadek Cahya Susila Wibawa, Lery Kristofer Panjaitan Susila Wibawa, Muhammad Ikhwanurrohiim Septenta Susila Wibawa (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2024-11-30
publication date: 2024-11-30
starting page: 686
ending page: 701
doi: 10.15294/pandecta.v19i2.9593

Philosophical Discourse Relationship Articles 1 and 2 of the National Criminal Code, Such as Relationship of Human Body and Soul
type: item
description: KUHP is the result of a critical breakthrough for the Indonesian nation. What is interesting point about the National Criminal Code is that it accommodates the principle of material legality in addition to the principle of formal legality. The arrangement of the quo principle is assumed to be similar to the reality of the relationship between the human body and soul. This article wants to discuss philosophically and conceptually 4 main things related to the reality of the Legality Principles of the Indonesian National Criminal Code. First, discuss the concept of philosophical presuppositions regarding the relationship between Articles 1 and 2 of the National Criminal Code and the relationship between body and soul in human reality according to several philosophers. Second: discuss the basic ontological reality of Article 1 of the National Criminal Code. Third: discuss the basic ontological reality of Article 2 of the National Criminal Code. Fourth: discuss the philosophical relationship between the two provisions of Article a quo. This research is normative legal research with a philosophical and legal approach. The results of the research show: First: the concept of philosophers' thinking, which in its essence really emphasizes the element of human unity as a complete reality composed of soul and body. Second: in ontological reality, the provisions of Article 1 of the Indonesian Criminal Code are laws and are a logical risk of modern law (legal positivism) which prioritizes the reality of visible and objective phenomena. Third: that in ontology the provisions of article 2 of the Indonesian Criminal Code are anthropological facts of the Indonesian people themselves starting from the journey of civilization, Pancasila as the basis of philosophy, the source of all sources of law, and the 1945 Constitution as the source of legal order (normative constitution). Fourth: the form of philosophical relationship between the two a quo provisions appears in the juridical, mora…
subject: Articles
  topic: section
subject: National Criminal Code
  topic: keywords
subject: Relasi
  topic: keywords
subject: Ontology
  topic: keywords
subject: Human
  topic: keywords
creator: Fransiskus Saverius Nurdin
rights: Copyright (c) 2024 Fransiskus Saverius Nurdin (Author) https://creativecommons.org/licenses/by-sa/4.0
date: 2024-11-30
publication date: 2024-11-30
starting page: 289
ending page: 324
doi: 10.15294/pandecta.v19i2.9076