Pandecta Research Law Journal最新文献

{"title":"Licensing Policy on Mineral and Coal Mining in the Concept of Division of Authority","authors":"S. Sari, Darminto Hartono Paulus","doi":"10.15294/pandecta.v17i2.31653","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.31653","url":null,"abstract":"The mineral and coal mining licensing policy currently in force is law Number 3 of 2020 concerning Amendments to law Number 4 of 2009 concerning Mineral and Coal Mining. However, this policy is considered too centralistic because the role of the Central Government is more dominant than the Role of the Local Government. This research uses a normative approach to analyze related licensing policies in the Mineral and Coal Law in the concept of division of authority. The results show that in the provisions of the legislation, the central government has the authority to grant permits for minerals and coal mining. In contrast, local governments can obtain power through delegation from the central government. This policy tends to be centralistic, even though the Indonesian state adheres to the principle of decentralization. The government needs to consider several things, such as the policy implementation needs to pay attention to the “content of the policy” and “context of implementation.\" The government policy must follow the values held by the state and display combinations (top-down and bottom-up), balance, and integration in building good policies. ","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"60 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89544471","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection of Debtors and Creditors Against Transfer of Receivables (Cessie) in The Event of Bankruptcy Related to The Principle of Justice","authors":"Fintania Vellinda","doi":"10.15294/pandecta.v17i2.37632","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.37632","url":null,"abstract":"A In the current era of globalization, development is a natural thing. We can see this from the many new businesses that have sprung up. To run this business, sufficient capital is needed, one way to get this capital is through a loan to a bank by making a credit agreement and guarantee agreement. In practice, not all debtors fulfill and carry out their obligations, which results in bad loans. Therefore, the creditor in an effort to solve the problem, the creditor transfers the receivables (cessie), this is doneto reduce the risk of collateralized assets due to bad credit. This study determine the legal protection of the debtior against the transfer of receivables by cessie and to provide protection to creditors as buyers of receivable transfer. The research method used in this paper normative juridical research, namely legal research carried out by studying using library materials or secondary data with a statute approach and a conceptual approach.. Based on the results of the study, it shows that legal protection for debtors for the transfer of receivables is regulated in Article 613 and Article 1470 of the Civil Code,in the event that the Creditor partially transfers his receivables to a third party with the aim that the debtor has two unpaid debts as the fulfillment of the conditions for filing for bankruptcy, it is a misunderstanding. Because The Bankruptcy Act will lose its raison d'etre. On the other hand,in a cessie made by the creditor without notification to the debtor, then based on the provisions of Article 613 of the Civil Code, the transfer of receivables is null and void. Based on this, the authors are of the view that it is important to reformulate the Civil Code which regulates cesssie so that justice, certainty and legal benefit are realized.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78616707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Application for Second Marriage Dispensation And its Relevance to Child Protection (Study In The Jurisdiction Of Wonosobo Religious Court)","authors":"Nila Amania, Yusriyadi Yusriyadi, Yunanto Yunanto","doi":"10.15294/pandecta.v17i2.39857","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.39857","url":null,"abstract":"This study aims to find out why there is still a request for a second dispensation and how the second marriage dispensation is implemented in terms of the principle of child protection. This research is an example of empirical juridical research, which is research done in the field by looking at the laws that are in place and how they are used in people’s lives. The study’s results show that different ways of interpreting the rules in Article 7 paragraph 1 of Law 16/2019 have led to several KUA in Wonosobo still requiring prospective brides under the age of 19 to submit a second marriage dispensation, even though they are already widowed or widowers. According to the rules, a dispensation for marriage only needs to be filed once. This is because a person is considered legally competent after getting married. On the other hand, when considering the principle of child protection, filing for a second dispensation for marriage is required. This study was made so that the Religious Courts and KUA, as well as anyone else who was interested, could use it as a guide to understand how important it is to have the same ideas about applying for a second marriage dispensation.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"361 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76895181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of Marriage Law and Impacts on The Marriage of Sea Tribal Children in Lipan Island","authors":"W. Tan","doi":"10.15294/pandecta.v17i2.35700","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.35700","url":null,"abstract":"Child marriage is a case that still occurs in Indonesia, including in the marine tribal community on Lipan Island, Lingga Regency. However, Indonesia already has a set of regulations governing marriage and child protection. This study aims to, first, examine the application of Indonesian regulations regarding marriage to children of the sea tribe. Second, to elaborate on the impacts that occur as a result of the practice of child marriage of sea tribesmen. The method used is empirical legal research. Sources of data come from primary data and secondary data. There are two (2) legal theories used to analyze the research problem, namely the Theory of Legal Effectiveness by Soerjono Soekanto and Theory of Legal Protection by Muchsin. The results of the study indicate that the application of regulations regarding marriage has not been effective when measured by the theory of legal effectiveness and is not in accordance with the meaning of legal protection proposed by Muchsin. There are several impacts resulting from child marriage, namely the non-fulfillment of children’s rights in the fields of health and education. Therefore, it is necessary to make changes to the regulations regarding marriage regarding the opportunity to carry out child marriages with parental permission, in addition to improving the quality of education for the Sea Tribe community on Lipan Island.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"43 1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91354610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection of Consumer Personal Data in Indonesia Fintech Peer-To-Peer Lending Pioneers","authors":"Prita Fiorentina, Dewi Sulistianingsih, Aprila Niravita, A. Ningsih","doi":"10.15294/pandecta.v17i2.40235","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.40235","url":null,"abstract":"The development of the Financial Technology Industry, especially Peer-to-Peer Lending in Indonesia, brings various conveniences as well as risks. With multiple platforms providing Peer-to-Peer Lending services, it also has an impact on the amount of personal data collected by each platform. This can pose a threat related to consumer personal data, such as cases that have recently emerged. Some Peer-to-Peer Lending platforms abuse their customer’s personal data by spreading it to other parties. Things that should not be done considering the loan agreement that has been agreed between the borrower and the Peer-to-Peer Lending platform regarding personal data that must be safeguarded and if urgently requires this data must be approved by the borrower. This research will discuss the legal protection regulations for the personal data of Peer-to-Peer Lending consumers and discuss the policies implemented by one of the pioneers of Peer-to-Peer Lending in Indonesia regarding the importance of protecting consumer personal data. This research is empirical legal research that uses interviews as a source of data. This study used a qualitative approach to collect primary and secondary data. This research will discuss the current legal regulations related to the protection of personal data including the existence of the Personal Data Protection Law and discuss the policy and implementation of Peer-to-Peer Lending pioneers in Indonesia regarding the protection of borrowers’ personal data.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89756872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disobedience of The Constitutional Court’s Decision by The Supreme Court","authors":"Sekar Anggun Gading Pinilih, Retno Saraswati, Ahmad Muzaki","doi":"10.15294/pandecta.v17i2.36196","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.36196","url":null,"abstract":"The Constitutional Court as one of the institutions that exercises judicial function has a final and binding decision that binds all parties. However, in practice, the decisions of the Constitutional Court are often ignored by parties, one of which is the Supreme Court. There are several Supreme Court decisions that do not consider the decisions of the Constitutional Court. This demonstrates disobedience to legal norms that are final. This is the reason why the researcher wants to examine the constitutionality of the Supreme Court’s decision which does not consider the decision of the Constitutional Court, and what are the legal implications. This research is doctrinal research with a normative legal approach, that used secondary data obtained through literature study. Based on the results of the study, the decisions of the Supreme Court which do not consider the decisions of the Constitutional Court can be said to be unconstitutional, or it can be said that there has been a violation of the constitution because the decisions of the Constitutional Court represent the essence of the 1945 Constitution of the Republic of Indonesia. The legal implication obtained are the supreme court decision is still be act as jurisprudence; there is legal confusion and uncertainty regarding the conflicting decisions; the occurrence of constitutionalism justice delay; and can undermine the authority of the 1945 Constitution of the Republic of Indonesia.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84098831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Applicability of Law Number 11 of 2020 Concerning Job Creation After The Constitutional Court Decision Number 91/PUU-XVIII/2020","authors":"M. Panjaitan","doi":"10.15294/pandecta.v17i2.36222","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.36222","url":null,"abstract":"With the issuance of the decision of Constitutional Court Number 91/PUU-XVIII/2020, the DPR and the government, as lawmakers, are obliged to comply with it. Because the decision of the Constitutional Court is a legal decision that all parties must obey without exception, it is necessary to obtain an assessment, first, of how the law applies. No. 11 of 2020 after the decision of Constitutional Court Number 91/PUU-XVIII/2020. Second, how are the DPR and the government’s efforts to respond to changes in Law no. 11 of 2020 after Constitutional Court Decision Number 91/PUU-XVIII/2020? The research method used is normative legal research, namely library research, whose sources use secondary data in the form of primary, secondary, and tertiary legal materials. The results of the study on the Constitutional Court Decision Number 91/PUU-XVII/2020, that Law No. 11 of 2020 is still valid. However, the House of Representative/DPR and the Government are given time to fix it within a period of two years. If corrections are not made within this time period, the law will become permanently invalid. In fulfilling this, first amendments were made to Law Number 12 of 2011, so that it became Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning Formation of Legislation. The amendment has included the omnibus method as the basis for forming laws and regulations. Based on Law Number 13 of 2022, the DPR and the Government made improvements to Law Number 11 of 2020. The results of the study show that by the decision of the Constitutional Court Number 91/PUU-XVIII/2020, which grants the applicant’s request conditionally, the DPR and the government are obliged to amend Law no. 11 of 2020 concerning Job Creation since the decision of the Constitutional Court aquo was read. If, within 2 (two) years, the DPR and the government cannot make improvements to Law No. 11 of 2020, the law becomes permanently unconstitutional. On that basis, law. No. 11 of 2020 after the decision of the Constitutional Court Number 91/PUU-XVIII/2020 is still valid unless the DPR and the government do not make improvements to Law No. 11 of 2020 within 2 (two) years, then the law becomes permanently invalid. Therefore, in response to the Constitutional Court’s decision, the DPR and the government are currently trying to amend Law no. 12 of 2011 concerning the Establishment of Legislation. In this change, the omnibus law method is explicitly mentioned as one of the methods for forming laws.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82298259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Humanism Based on Local Wisdom: Progressive Legal Development Study in Magelang","authors":"Suwandoko Suwandoko, Arnanda Yusliwidaka, Satrio Ageng Rihardi, Ria Karlina Lubis, Triantono Triantono, Rani Pajrin","doi":"10.15294/pandecta.v17i2.36870","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.36870","url":null,"abstract":"Legal development aims to realize justice, certainty, and legal benefits, so legal development is explored in the social interaction of society itself. This research is concerned with the development of progressive and humanist law based on local wisdom. The concept looks at the relationship between 1) local wisdom and legal development, 2) local community participation and legal development, and 3) progressive legal development based on local wisdom. The type of juridical sociological research, data collection techniques with documentation, observation, and interviews, then the data analysis technique used is the interaction analysis model. The results of the study are the existence of local wisdom values in influencing the development of law in the community, namely the value of mutual cooperation and the value of deliberation. Community participation in the development of law in society has space for community participation in legal developments since planning, implementation, monitoring and evaluation. The values of local wisdom and community participation have potential in the development of progressive-humanist law, namely in the development of progressive and humanist law influenced by the values of local wisdom and the role of community participation so as to be able to build a law of conscience, respect human dignity and be able to provide a sense of justice according to the noble values that live in society. The suggestion from this research is that the community always maintains and preserves local wisdom that lives and grows in people's lives. The community and local government always maintain a synergistic relationship in the implementation of democratic community participation. In policy planning, it always explores the values of local wisdom in society and always involves community participation in creating progressive and humanist laws.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75146877","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analysis of Trademark Cancellation for The Protection of The First Registrant's Trademark: BIOAQUA Study","authors":"Inge Dwisvimiar, Ibnu Fahrur Althofa","doi":"10.15294/pandecta.v17i2.40118","DOIUrl":"https://doi.org/10.15294/pandecta.v17i2.40118","url":null,"abstract":"Due to the cancellation of the BIOAQUA case in Decision Number: 618 K/Pdt.Sus-HKI/2020, the plaintiff did not receive the legal protection that he deserved. The study’s goal is to examine the legal protection afforded to the first trademark registration applicant in the BIOAQUA trademark case, followed by an examination of the judge’s decision to cancel the BIOAQUA trademark. This study is normative and legal in nature. The research strategy is a case study approach. The data source is secondary data, and the data analysis is qualitative. The findings revealed that in the case of the BIOAQUA trademark, legal protection is provided to the first applicant of trademark registration against the defendant. Because the judge considers the same as the authority under Article 3 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, the plaintiff is not considered the first registrant. The judge’s consideration in the BIOAQUA trademark cancellation case is based on Articles 76 and 77 of Trademarks and Geographical Indications Law No. 20 of 2016. The judge considers the content of Article 76, namely that cancellation can be made against registered trademarks, but because the element of good faith cannot be proven, the defendant’s trademark is not cancelled, and the legal effect of this is that the defendant’s BIOAQUA trademark is protected by registered trademarks.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74720161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Progressive Agrarian Law as a Concept to Attain Social Justice","authors":"M. Mahfud","doi":"10.15294/pandecta.v17i1.34022","DOIUrl":"https://doi.org/10.15294/pandecta.v17i1.34022","url":null,"abstract":"The management of Indonesian agrarian law has created discrepancy of resources ownership or injustice. This article offer a new perspective namely progressive agrarian law. This is a normative juridical research with conceptual approach by using primary, secondary and tertiary data. Those data are collected through literature research and analyzed with content analysis. Based on analysis, it can be concluded that there are several characteristic of progressive agrarian law, namely : (1) dynamic and contextual and respect the diversity because this consider social-political-cultural and economical condition of the society; (2) agrarian justice oriented to solve inequality of agrarian resources by doing affirmative action; (3) emphasize the importance of conscience in law making and law enforcement (involve intellectual, emotional and spiritual quotient); (4) give the chance for law enforcement to do rule breaking toward injustice regulation (substantive justice orientation); (5) pay attention disadvantage person (poor people) who lives under poverty and experience injustice.","PeriodicalId":30516,"journal":{"name":"Pandecta Research Law Journal","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84263266","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}