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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.
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Articles 515 Documents
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Search results for , issue "Vol. 24 No. 1 (2025): Pena Justisia" : 515 Documents clear
Transportation Law Analysis: Consumer Protection in Land, Sea, and Air Travel Saryana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Perlindungan konsumen pada sektor transportasi di Indonesia, baik transportasi darat, laut, maupun udara, merupakan aspek krusial untuk menjamin hak konsumen dilindungi secara memadai dan layanan memenuhi standar keselamatan dan kenyamanan. Meskipun telah diterapkan berbagai regulasi, seperti UU Lalu Lintas dan Angkutan Jalan, UU Kelautan, dan Peraturan Menteri Perhubungan, penegakan perlindungan konsumen di sektor transportasi masih menghadapi banyak tantangan. Beberapa kendala tersebut antara lain terbatasnya pengawasan, rendahnya transparansi informasi, prosedur klaim yang rumit, dan rendahnya pemahaman konsumen terhadap hak-haknya. Untuk meningkatkan perlindungan konsumen, penelitian ini mengusulkan beberapa rekomendasi, antara lain penguatan pengawasan dan penegakan hukum, peningkatan transparansi, penyederhanaan prosedur informasi klaim, dan pelaksanaan kampanye edukasi untuk meningkatkan kesadaran masyarakat terhadap hak-hak konsumen. Selain itu, disarankan agar pemerintah memberikan penghargaan dan insentif kepada penyedia layanan transportasi yang mematuhi standar keselamatan dan layanan. Dengan menerapkan rekomendasi tersebut secara efektif, diharapkan perlindungan konsumen di sektor transportasi akan meningkat, sehingga tercipta industri transportasi yang lebih aman, nyaman, dan bertanggung jawab yang bermanfaat bagi masyarakat Indonesia.
The Urgency of Developing E-Law Consult Application for Legal Protection of Female Migrant Workers in Central Java Dian Ratu Ayu Uswatun Khasanah; Ronald Jolly Pongantung; Megafury Apriandhini
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5813

Abstract

Indonesian migrant workers often receive less than proper treatment and some of them are caught in several cases so that they are threatened with severe punishment and some are even sentenced to death. The essence of providing legal protection for Indonesian female migrant workers is protection against security guarantees from all forms of violence, both physical and psychological, or in other words to provide protection against arbitrary actions by an individual or group. The purpose of this study is to determine the urgency of the e-law consult application for legal protection of female migrant workers in Central Java. The e-law application is expected to help female migrant workers to communicate more easily with the migrant service. The results obtained from this study are based on the questionnaire that has been distributed to respondents, namely an average percentage of 90%, meaning that respondents strongly agree if the e-law consult application is made and designed according to respondent input. The idea of ​​developing an e-law consult application is classified as very good to make it easier for migrant workers to get information and communicate with the Manpower Office, Ministry of Manpower, BP2MI.
Analysis of Law Enforcement Through the Establishment of Jampidmil in Handling Military Judicial Connectivity Cases mohammad jouhar robby
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5814

Abstract

The formation of JAMPIDMIL itself is expected to have firm steps in law enforcement, especially in the scope of prosecution coordination carried out in Handling cases on connectivity. This study aims to determine the existence of the Deputy Attorney General for Military Crimes in handling connectivity cases and to determine the legal consequences of the position of the Attorney General in handling connectivity cases based on Article 35 Paragraph (1) letter g of Law Number 11 of 2021. The theory used as an analytical tool in this study is the theory of authority and the theory of law enforcement. The research method used is normative legal research with the approach used being the statutory approach. The results of the study show that 1) the existence of the Deputy Attorney General for Military Crimes in handling connectivity cases forms an impetus in implementing the accountability of each institution without emphasizing the obligations of one over the other. 2) The legal consequences of the Attorney General's position in handling connectivity cases based on Article 35 Paragraph (1) letter g of Law Number 11 of 2021 delegates the authority to prosecute to the Public Prosecutor in the scope of general courts and the Auditor in the scope of military courts. In practice, resolving connectivity cases often poses challenges if carried out separately, which can lead to dualism in prosecution policies and disparities in sentencing.
Establishment of Special Guardians for Foster Children in Child Social Welfare Institutions in Indonesia Prasetyawati, Suryati Endang
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5842

Abstract

This legal research seeks to ascertain the legal status of Child Social Welfare Institutions, the procedures for guardianship, and the legal obligations of these institutions regarding guardianship, in accordance with the Criminal Code, Law, and Permensos Number 30/HK/2011 pertaining to National Childcare Standards for Child Social Welfare Institutions in Indonesia. This legal research constitutes an empirical investigation on a descriptive Child Social Welfare Institution. The study methodology employs a legislative framework. The data comprises primary data derived from empirical study findings and secondary data sourced from library books pertinent to the issue or research subject. This research reveals that the process for appointing a special guardian for foster children is explicitly governed by Permensos Number 30 / Huk / 2011 about National Childcare Standards for Child Social Welfare Institutions, particularly by a court order. The transfer of custody from parents to the Orphanage occurs immediately upon the child's submission, regardless of whether it is initiated by the parents or the appropriate agencies. This is executed due to its perceived simplicity and minimal time and financial expenditure, ensuring rapid fulfillment of demands. The legal obligations of guardianship by the Child Welfare Institution include responsibility for the child's welfare, assets, and guardianship that lacks a valid legal basis
Pemberian Wasiat Wajibah Bagi Non Muslim: Sebagai Rekonstruksi Hukum Keluarga Islam Di Indonesia Fauzi, Mohammad Yasir; Hidayat, Eko
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5852

Abstract

Normatively, there is no provision in granting a mandatory will for non-Muslims. This legal vacuum encourages the Supreme Court to grant inheritance to non-Muslims through a mandatory will. 3 (three) Supreme Court cassation decisions grant mandatory wills to non-Muslim heirs. This decision is inconsistent with Islamic law and positive law in Indonesia. The provisions of mandatory wills in KHI article 209 are only intended for adopted children and adoptive parents. Islamic law prohibits non-Muslim heirs from inheriting property from a Muslim testator. This study aims to reconstruct the mandatory will law in Indonesia. This study is a field and library research, using a qualitative approach. Data were collected through interviews with 3 (three) Supreme Court Judges who tried and decided the case. The data were supported by 3 (three) Supreme Court Decisions, namely No. 368 K/AG/1995, No. 51 K/AG/1999, No. 16K/AG/2010, and Compilation of Islamic Law (KHI), Civil Code (KUHPdt). Data analysis using Miles and Hubermen analysis. The results of the study indicate that there are no legal provisions for heirs for non-Muslims through mandatory wills in the KHI, KUHPdt or Islamic law. 3 (Three) Supreme Court Decisions that allow heirs for non-Muslims through mandatory wills are decisions that are responsive to social conditions, equality and justice in society. Therefore, it is necessary to reconstruct Article 209 Paragraph (3) of the KHI to be illegitimate children, stepchildren and children of different religions with the testator who do not receive a will are given a mandatory will of up to 1/3 of the testator's inheritance. This reconstruction can be a consideration for the government in renewing inheritance law in Indonesia
Liability in Traffic Accidents as an Unlawful Act Markus Suryoutomo, Husni Kurniawati, Amirah Dwi Subarkah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5857

Abstract

In criminal cases involving traffic accidents that result in fatalities, there is often an agreement between the victim or their heirs and the defendant (peace agreement). The content of the agreement basically states that after receiving monetary compensation from the defendant, the victim or heirs consider the accident as fate and will not pursue charges against the defendant. However, the settlement does not preclude the prosecution of the criminal case. Thus, the injured party in a traffic accident, once the criminal process is completed, can file a claim for compensation by the victim or the victim's family based on Article 1365 of the Civil Code. This research uses a normative juridical approach. Data collection and legal materials are gathered through the study of legal documents and legislation. According to Article 4 of Law Number. 34 of 1964 concerning the Road Traffic Accident Fund, road traffic victims who have received payment from the Life Insurance Fund do not forfeit their right to claim compensation from the cause of the accident or the party responsible for the actions that led to the accident. This can be done through a tort lawsuit by applying for material and immaterial compensation, provided that the amount they have received from PT. Jasa Raharja Loss Insurance is taken into account in determining the compensation to be paid.
Review of Ratio Decidendi, the Public Prosecutor's Demands in Ultra Petita Against Criminal Law Enforcement in Indonesia Nasir, muh
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5858

Abstract

Ratio Decidendi Hakim in deciding cases that are Ultra Petita in criminal law enforcement in Indonesia. Ultra Petita is a judge's decision that decides outside of the Public Prosecutor's indictment, while the background for writing this thesis is Ultra Petita's decision  which is contrary to Article 182 Paragraph (4) of the Criminal Procedure Code which states that the Judge's deliberations in his decision must be based on the indictment and everything that has been proven in the trial and in the rules of Article 183 of the Criminal Procedure Code states that the Judge in deciding the case is based on the above at least 2 (two) pieces of evidence and conviction, The problem used in this study is what  is the ratio of decidendi to the judge's ultra petita verdict  in criminal cases in Indonesia? And what are the implications of the existence of the judge's ultra petita verdict  in criminal law enforcement in Indonesia? The method used in this thesis is normative-empirical. Normative-Empirical Law Research (applied law research), which is a research that uses normative-empirical legal case studies in the form of legal behavior products, namely a combination of research on legal principles. Research on legal systematics. Research on the level of legal synchronization. Legal history research. Comparative legal research.  Meanwhile, Sociological or Empirical Law Research, which consists of: Research on legal identification. Research on legal effectiveness The results of the research The ultra petita  verdict is a decision issued by a panel of judges in a case outside the indictment of the Public Prosecutor, because it is known that the indictment was prepared incarefully so that it could not be proven in court. There are several examples of ultra petita  decisions within the framework of criminal law enforcement in Indonesia. Among them are: Decision Number: 17/Pid.Sus/TPK/2014/PN. JKT. PST related to corruption cases, Decision Number: 55/Pid.Sus/2019/Sit related to narcotics possession cases, Decision Number: 240/Pid.Sus/2021/PN. TNG related to the Narcotics case, Decision Number: 537/Pid/B/2007/PN.Jkt The team is related to the murder case, Decision Number: 314/Pid.Sus/2015/PN. Rap is related to the Narcotics case, and Decision Number: 407/Pid.Sus/2015/PN. SBY is related to a narcotics case. The six decisions are ultra petita because of the inaccuracy of the Public Prosecutor in compiling the indictment, so that in order to give a verdict to the defendant who has actually committed a criminal act, in this case the panel of judges uses other similar articles so as not to do the same. Therefore, in the perspective  of the ratio decidendi theory, judges' decisions must be able to present alternatives that can be an option in efforts to enforce justice.
Legal Liability of Health Care Facilities for Leakage of Patient Electronic Medical Records Adi Herisasono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Electronic medical record (EMR) data breaches have become an increasingly significant issue in healthcare, as the use of digital technology for patient data management rises. EMRs provide healthcare professionals with faster and more efficient access to patient information. However, this convenience also introduces the risk of data breaches, which could harm patients. This article aims to explore the legal responsibilities of healthcare facilities in managing EMR data breaches and the consequences resulting from such breaches. The research employs a qualitative approach and literature review, analyzing various legal regulations, legislation, and case studies of data breaches. The findings indicate that while legal protections exist, there are still significant challenges in implementing effective data security systems in healthcare facilities. Therefore, enhancing oversight, security systems, and legal awareness among stakeholders is essential to prevent data breaches that could cause significant harm to multiple parties.
An Analysis of Medical Dispute Resolution in Cases Of Medical Personnel Negligence From an Administrative Law Perspective Parluhutan, Sagala; Hardjoko, Erni Rianti; Lianawati, Lianawati; Kurniawati, Maulidina; Jaeni, Ahmad; Lubis, Arief Fahmi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Hospital service standards are closely linked to a hospital’s ability to provide healthcare services following its qualifications. This study aims to demonstrate how declining public trust in doctors has led to rising lawsuits, often associated with perceived failures in medical treatment. This qualitative research employs a descriptive approach to systematically and factually collect data promptly based on the conditions during the study. The findings indicate that doctors who commit medical negligence can be held legally accountable through both professional and non-professional institutions. Furthermore, non-professional dispute resolution can occur outside the court (non-litigation) or within the court system (litigation).
Constitutional and Gender Critique of the Implementation of Aceh’s Qanun: Between Sharia Regulations and the Restriction of Women’s Rights Indra, Gandhi Liyorba; Mu’in, Fathul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5912

Abstract

This study aims to provide a constitutional critique of the implementation of qanun in Aceh from the perspectives of the constitution and gender. During its formulation process, the community expressed a desire for Sharia values to be incorporated into the qanun governing the lives of Acehnese people. However, its implementation has the potential to restrict women's rights. This study also seeks to contribute to the reformulation of laws that are fair for all. A qualitative approach is employed in this study, with data collected from library research to analyze constitutional and gender critiques of the implementation of Aceh's qanun. From a constitutional perspective, the study finds that the implementation of Aceh's qanun is not entirely aligned with the national constitution, human rights, and the principles of a unitary state. Although Aceh has special autonomy to implement Islamic law, its enforcement must not contradict the principles of equality before the law, freedom of religion, and the protection of human rights. From a gender perspective, while the qanun aims to uphold Islamic values and establish a well-ordered social structure, its implementation often fails to align with gender justice principles, as it restricts women's rights. To achieve justice for all members of society, it is essential to reassess the application of Aceh’s qanun and ensure women's participation in the decision-making process, so that the resulting policies genuinely reflect the needs and rights of all citizens.

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