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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, and Environmental Law.
Arjuna Subject : -
Articles 1,243 Documents
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The Standardization of Halal Tourism Management in West Nusa Tenggara Abdul Kadir Jaelani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1720

Abstract

This research aims at explaining the standardization of halal tourism management in West Nusa Tenggara. The result shows that the standardization of halal tourism management through Regional Regulation Number 2 of 2016 on Halal Tourism has not solved the problems of regional tourism such as good environmental maintenance from the increasingly damaged biology resource crisis, the deforestation, the limited water resources, soil erosion, sedimentation, abrasion on the cost, coral reef damage, littering 53% or about 250 ton plastic waste every day.  Even, this regional regulation is in contrary to the higher laws and religious nuances.
Land Banks' Impact on Agrarian Reform and Equitable Land Redistribution Iswantoro Iswantoro; Resti Dian Luthviati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1722

Abstract

Agrarian Reform and Land Redistribution have been pursued by the government in various ways. Still, the key question is whether establishing a Land Bank will result in a fair redistribution of land. The purpose of this study is to examine the impact of land banks on agrarian reform and equitable land redistribution following the passage of the Job Creation Act. The findings revealed that the land bank only has a few abandoned lands that are not held by the state, which will be used by the form based on public interest and subsequently handed to the community. The existence of a land bank is a government endeavor to offer land for the public good and for persons who require it.
The Effects of the Opportunity Principle on the Attorney General's Office's Deponerring Implementation Romula Hasonangan; Hari Purwadi; Andina Elok Puri Maharani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1723

Abstract

This study aims to analyze the implications of the principle of opportunity for implementing depowering in the Attorney General's Office. This is normative legal research, with secondary data in primary, secondary, and tertiary legal materials. The results showed that implementing depowering as part of the principle of opportunity was not optimal and practical. The causative factors were. First, the legal material was still ambiguous regarding the definition of public interest as the basis for implementing depowering. Secondly, the understanding of the prosecutor's office on the principle of opportunity was not coherent with the principle of equality before the law by the apparatus. Third, the factor of the legal culture of the community whose trust is still deficient in the implementation of the principle of opportunity by the Prosecutor's Office.
Legal Protection for Consumers Against Buying and Selling Goods Transactions Through Online Shops Aditya Migi Prematura
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1726

Abstract

The development of technology in the era of industrial revolution 4.0 is very rapid. These developments triggered developments in all sectors, one of the most affected by the industrial revolution 4.0 was the trade sector. In the current era of 4.0, trade has begun to develop from conventional trading that is trading through physical markets or more often we are familiar with supermarkets, malls, mini markets, and so forth to trade through online markets or more commonly known as E-Commerce. This is a fresh wind for consumers because with the switch of trade through E-commerce, a myriad of conveniences offered by the E-commerce. The conveniences include that consumer do not need to leave the house to buy an item, or in other words a trade transaction can be done anywhere without having to spend special time to travel to a store or shopping center. Not only positive things and conveniences caused by this development, but a myriad of problems that nowadays often occur in online buying and selling activities. Starting from goods that do not match the description or information provided by businesses to the delay of goods that have been promised by businesses, to other problems that essentially harm the consumer.
Accountability of a Notary in Court for Underhand Deed Legalized by a Notary Agung Aditya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1727

Abstract

This research aims to provide an explanation of the responsibility of notary public in the Court of deed under the hands of a notary public, facts in the field show that a Notary is often called to the court to give testimony on the evidence of the trial, namely a letter under the hand legalized by the notary, therefore there needs to be an explanation of the notary's liability for the deed made or legalized. Notary responsibility for deed under legalized hands is heavier than waarmerking, because the parties sign before notary public where notary does not ascertain the content of a deed whether it is wrong or true. Although only legalization but the deed under the hand has the value of being a valid and strong evidence in court so that sometimes dragging a notary witness in the trial. Notary can be subject to criminal sanctions if they are proven to have harmed one of the parties and the Notary can also be subject to civil sanctions in the form of compensation according to what was suffered by the parties.
Legal Understanding Regarding the Hazards of Drugs in the Framework of Community Development Sami’an Sami’an
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1728

Abstract

Drug misusse is a danger that is very alarming, because narcotics can damage the individual users, either physically or mentally. Misue and trafficking of narcotics illegally very detrimental to individuals and the wider community, particularly the younger generation, can even pose a greater danger for the life and cultural values of the nation that will ultimately undermine national security. Researchers divide the efforts of drug misuse prevention by the National Narcotics Agency part of the preventive and repressive. Both of these are key functions (operations) in accordance with the duties of the National Narcotics Agency. The misuse of and illicit traffic in narcotic drugs, psychotropic substances and other hazardous materials (drugs) with various implications and the negative impact is a global problem that threatens the life of the community, state and nation. The National Narcotics agency has mengakomidir theory such as that reflected from the division of tasks fields are categorized into the Areas of Prevention and Community Empowerment, Eradication, and Rehabilitation.
Philosophical Meaning for Justice Based on the One Godhead in Judge's Decision Wahyudi Kurniawan; Sholahuddin Al-Fatih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.1733

Abstract

This study aims to analyze the meaning of philosophy in the court decision "For Justice Based on God Almighty" in a Judge's Decision based on the Law of the Republic of Indonesia Number 48 of 2009 concerning Judicial Power in the era of the Covid-19 pandemic. This research is normative juridical research with primary legal materials, secondary legal materials, and tertiary legal materials. The methods and tools for collecting legal materials use the method of documentation and document study. Data analysis was carried out qualitatively on the legal materials owned. The results of the research and discussion explain that the meaning of "For the sake of Justice the Almighty" is very closely related to respond to God Almighty, the creator of life, not only related to justice seekers. Not only within the scope of the judge's responsibility to justice seekers and the general public but spiritually it is the spiritual judge's responsibility to God Almighty.
Pancasila Feminism: Gender Equality Based on Values of Pancasila Cahya Wulandari; Indung Wijayanto; Loso .
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1808

Abstract

AbstractFeminist are trying to fight for women in Indonesia to stand in line with men. However, these struggles are often based on liberal ideology. Gender equality based on liberal values can certainly be contrary to the values of Pancasila.  Based on this, it needs to be discussed related to Pancasila Feminism as a form of gender justice based on the values of Pancasila precepts. Feminism based on human rights must still respect the differences in culture, nation and religion embraced by each country. In Pancasila feminism, all gender equality struggles must be in accordance with the nature of Pancasila which includes awareness as a creature of God, awareness as a civilized and just human being, awareness as a social being, unity and nationhood, and the ability to consult consensus. The views of feminism should not be contrary to the values of Pancasila, especially, with the value of Godhead. Religion considers that the position of men and women is equal in God's eyes. However, equality does not mean in all things for example in domestic and inheritance affairs.Keywords:  Feminism, Gender Equality, Pancasila  AbstrakPara pemerhati feminisme berusaha memperjuangkan kaum perempuan di Indonesia untuk berdiri sejajar dengan laki-laki. Namun, perjuangan tersebut seringkali berpedoman pada ideologi liberal. Kesetaraan gender yang berlandaskan nilai-nilai liberal tentu dapat bertentangan dengan nilai-nilai Pancasila.  Berdasarkan hal tersebut, perlu dibahas terkait Feminisme Pancasila sebagai bentuk keadilan gender yang berbasis pada nilai-nilai sila Pancasila. Feminisme yang berdasar pada hak asasi manusia harus tetap menghormati perbedaan budaya, bangsa dan agama yang dianut masing-masing negara. Dalam feminisme Pancasila, semua perjuangan keseteraan gender harus sesuai dengan sifat Pancasila yang meliputi kesadaran sebagai makhluk Tuhan, kesadaran sebagai manusia yang beradab dan berkeadilan, kesadaran sebagai makhluk sosial, bersatu dan berbangsa, dan kemampuan bermusyawarah mufakat. Pandangan feminisme tidak boleh bertentangan dengan nilai-nilai Pancasila, terutama, dengan nilai Ketuhanan. Agama menganggap bahwa kedudukan laki-laki dan perempuan adalah sama di mata Tuhan. Namun, kesetaraan itu bukan berarti dalam segala hal misal dalam urusan rumah tangga dan waris. Kata Kunci: Feminisme, Kesetaraan Gender, Pancasila
Application of the Droit De Suite Principle in Dispute Settlement of Fiduciary Guarantee Agreements Angelin Michelle Liady; Abdul Salam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.1901

Abstract

ABSTRACT      This study contains a description of the application of the droit de suite principle in the settlement of disputes over the provision of fiduciary guarantees. The problem studied in this study is how the judge's considerations regarding the application of the droit de suite principle in dispute resolution of the fiduciary guarantee agreement where the object of the guarantee is on an individual third party due to the auction of the execution of the booty and the government as a result of being used to commit a crime. The method used in this research is sociological normative legal research, by taking a statute approach to the collected legal materials. The result of this research is that the judges' considerations in some of the court's decisions in favor of individual third parties or the government are wrong. This is because the fiduciary guarantee agreement made between the fiduciary recipient (PT/creditor) and the fiduciary giver (debtor) is legally and binding based on Article 14 paragraph (3) in conjunction with Article 15 paragraph (2) and (3). Therefore, the fiduciary recipient has the authority to carry out executions based on the droi de suite principle as regulated in Article 20 of the Fiduciary Guarantee Law. In addition, based on the prioritization principle, the fiduciary recipient's actions are correct to take and execute the fiduciary guarantee object. The output to be achieved from this research is to produce scientific works in the form of research journals that can be used as reference material for other writers in the future.
Analysis of TheVadility of A Cession Over A Receivables Sale and Purchase Agreement That Was Subject to an Invalid Novation Bella Fabiola; Akhmad Budi Cahyono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1904

Abstract

In order to guarantee smooth capital turnover, banks would often "withdraw" their capital even if the receivables (often from credit) that they currently own are not yet payable, by selling their receivables, followed by cession. However, in practice this is often problematic. Most of the problems revolving around this practice is that the cession that follows the selling of receivables is conducted not in accordance with applicable laws regarding cession and could therefore backfire and become a problem for the bank in question. The cession of Permata Bank on Debt Assignment Deed (Cession) Number 85 dated 5 May 2017, as stated in the Central Jakarta Commercial Court Decision Number 131/Pdt.SUS-PKPU/2018/PN.Niaga.Jkt.Pst is one of such problematic cessions. On this matter, the assignment of receivables was done through Debt Assignment Deed (Cession) Number 85 dated 5 May 2017, related to a Conditional Receivables Sale and Purchase Agreement that was novated and then amended. This article uses a normative juridical research method. The research specifications used in this study are descriptive analytical. The secondary data used by the author in this study consisted of primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis method used is normative qualitative. The Conditional Receivables Sale and Purchase Agreement is carried out without the transfer of ownership with cession, so that the ownership has not yet been transferred to the buyer. The Novation and Amendment To the Conditional Receivables Sale and Purchase Agreement is also invalid because it was carried out without involving the debtor. So, it can be concluded that the cession of the Conditional Receivables Sale and Purchase Agreement which was later novated and amended is null and void because the cession was made under a receivables sale and purchase agreement that was invalidly novated. Key Words: Cessie, Novasi, Receivables Sale and Purchase Agreement

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