Pena Justisia: Media Komunikasi dan Kajian Hukum
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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<![CDATA[Legal Consequences And Responsibilities Of Substitute Notaries For Copies Of Deeds That Differ From The Minutes Of The Deeds ]]>
<![CDATA[Erliyandi, Mega Junia]]>;
<![CDATA[Hoesin, Siti Hajati]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5348
<![CDATA[The substitute Notary, as a public official authorized to create authentic deeds, must exercise caution and be meticulous in performing their duties when replacing a notary who is on leave, ill, or temporarily unable to perform their notarial duties. Article 65 of the Notary Position Law (UUJN) states that a Substitute Notary is also responsible for every deed they create. In practice, there is a possibility that a Substitute Notary may issue a deed copy that does not match the original deed's minute. This paper aims to examine the legal consequences and sanctions that may be imposed on a Substitute Notary in relation to discrepancies between the deed copy and the original deed minute. This study uses doctrinal research with an explanatory-analytical typology, utilizing secondary data and employing qualitative data analysis methods to present findings derived from secondary data. The conclusion indicates that discrepancies between a deed copy and the original deed minute by a Substitute Notary are not permissible in notarial practice. The Substitute Notary may be held accountable for their actions if they are proven to have made such discrepancies. The legal consequence of a deed copy differing from the original minute is that the deed is considered legally defective and is treated as a private deed. The creation of a deed copy that does not match the original minute may also cause harm to the parties involved, and sanctions can be imposed for violating the code of ethics and applicable laws and regulations. It is recommended that there be stricter supervision and continuous training for Notaries and Substitute Notaries to ensure a deep understanding of the procedures for creating authentic deeds, as well as enhanced awareness of ethics and the responsibilities of Substitute Notaries.]]>
<![CDATA[The Dynamics of Fulfilling Legal Protection for Victims of Human Trafficking Based on Victim Recovery in Indonesia's Border Regions ]]>
<![CDATA[Siagian, Parulian]]>;
<![CDATA[Abunawas Had]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5377
<![CDATA[Hak-hak korban perdagangan manusia sering diabaikan, sehingga para korban ini sering ditolak restitusi atas kerugian yang disebabkan oleh kejahatan tersebut. Penelitian ini bertujuan untuk memberikan gambaran tentang dinamika seputar penerapan restitusi sebagai sarana pemenuhan hak-hak korban dengan menjawab dua pertanyaan kunci: (1) Bagaimana dinamika implementasi restitusi bagi korban perdagangan manusia di wilayah perbatasan Indonesia? dan (2) Upaya apa yang dapat dilakukan untuk meningkatkan pemenuhan hak-hak korban, terutama dalam kaitannya dengan restitusi? Penelitian ini menggunakan metode kualitatif dengan pendekatan fenomenologis. Temuan, yang mewakili kontribusi baru, menunjukkan bahwa alasan utama kurangnya restitusi yang diberlakukan pada pelaku kejahatan perdagangan manusia berakar pada faktor yuridis dan sosiologis. Studi ini menunjukkan bahwa reformasi hukum diperlukan untuk menggeser posisi restitusi dari hak korban menjadi kewajiban negara.]]>
<![CDATA[Legal Consequences and Notary Responsibilities for The Hawalah Contract Deed That Does Not Meet The Provisions of Sharia Law (Study of Decision Number 1922/Pdt.G./2020/PA.Btm) ]]>
<![CDATA[Puspitasari, Putri Mawardita]]>;
<![CDATA[Wirdyaningsih, Wirdyaningsih]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5385
<![CDATA[Cessie or what is known as Hawalah in Islamic financial institutions is a debt transfer agreement that is widelyused by banks because it is a way to transfer the right to collect to another party and/or a third party to guarantee creditfacilities or funds provided by the bank. In making a Deed of Cessie or Hawalah Deed, a Notary must pay attention to the provisions of positive law and Islamic law. This is related to legal certainty regarding the validity of the deed and itsharmony with Islamic law. The research method used in this study is the doctrinal research method. The data used in this study are secondary data obtained from document studies and strengthened by case analysis. The purpose of this study is to understand the legal consequences of a Hawalah Deed that does not meet the applicable legal provisions and the notary's responsibility for a Hawalah Deed that is canceled by a religious court. Based on the study’s result, a Hawalah Deed that does not meet the provisions of the law can be canceled or null and void by law. A Hawalah Deed that is canceled by the court makes the deed no longer have perfect evidentiary power. The notary who makes the deed can be sued for compensation, costs and interest in the aggrieved party.]]>
<![CDATA[Interpretation of Minimum Age Limit for Regional Head and Vice Regional Head Candidates: Supreme Court Decision Number 23P/HUM/2024 Vs. Constitutional Court Decision Number 70/PUU-XXII/2024 ]]>
<![CDATA[Dayanti, Selly]]>;
<![CDATA[Setyono, Yoni Agus]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5390
<![CDATA[Regarding the provisions on the minimum age limit for candidates for regional heads and deputy heads, has been regulated in Law Number 10 of 2016 concerning Elections. In the latest development, there are decisions of the Supreme Court and the Constitutional Court which further interpret this minimum age limit. The House of Representatives wanted to revise the Regional Election Law, and the revision plan carried out by the House of Representatives intended to use the SC’s decision as a reference in determining the minimum age limit for candidates for regional heads and deputy heads. The plan has caused controversy because the CC’s decision should have been used as a reference. This article uses a normative legal writing method with a statutory approach, as well as a case approach based on the SC’s decision Number 23P/HUM/2024 and the CC’s decision Number 70/PUU-XXII/2024. This article aims to analyze the interpretation of the minimum age limit based on the decisions of the two institutions, examine the legal force of the two decisions and the implications of the exclusion of the CC’s Decision on democracy and the constitution. This paper finds that legal products tested by the CC have a higher position in the hierarchy of legislation, and the CC's decision is final and binding, so in interpreting the minimum age limit for regional head and deputy regional head candidates, must refer to the CC's decision. If the House of Representatives ignores the CC's decision, it can have a negative impact on the constitution and democracy.]]>
<![CDATA[Post-Constitutional Court Ruling Number 168/PUU-XXI/2023: The Impact On Trade Unions And Worker Protection In Semiconductor Manufacturing ]]>
<![CDATA[Effendy, Edrick Edwardina]]>;
<![CDATA[Eko Susilo, Mohammad Ahmad]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5504
<![CDATA[The Constitutional Court's Decision Number 168/PUU-XXI/2023 concerning the testing of the Job Creation Law has had a significant impact on various aspects of employment in Indonesia, including the protection of workers' rights and the role of trade unions in strategic industries. The purpose of this study is to analyze the impact of the Constitutional Court's decision Number 168/PUU-XXI/2023 on industrial relations between workers and entrepreneurs in the semiconductor manufacturing sector in Indonesia. This study uses a qualitative approach with a case study design to analyze the impact of the Constitutional Court's decision Number 168/PUU-XXI/2023 on labor unions and worker protection in the semiconductor manufacturing sector. The results of this study show that the Constitutional Court Decision Number 168/PUU-XXI/2023 provides more flexibility for employers in regulating employment, which has an impact on the tension of industrial relations between workers and employers, especially related to the increase in workload and reduced protection of workers' rights. This can be seen from data that shows a decline in workers' trust in trade unions and an increase in dissatisfaction with working conditions. Although unions have great potential in protecting workers' rights, they face major challenges in increasing member participation and their relevance to workers' needs. Employers who neglect worker welfare risk lower employee retention and productivity, while companies that care about worker welfare show more positive relationships with unions as well as better stability. The government also plays an important role in creating a balanced labor policy, prioritizing the welfare of workers without neglecting flexibility for employers]]>
<![CDATA[Analysis Of the Implementation of Social Reintegration In Correctional Services Based On Law Number 22 Of 2022 At The Pangkalpinang Special Development Institution For Grade II Children ]]>
<![CDATA[Teguh Subarata, I Wayan]]>;
<![CDATA[Yandi]]>;
<![CDATA[Abdillah, Junaidi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5523
<![CDATA[The Correctional Service has established various policies and regulations to regulate the running of the correctional system that focuses more on fostering and social reintegration, especially for children who are facing the law. The purpose of this study is to analyze the implementation of social reintegration in LPKA Class II Pangkalpinang, based on Law Number 22 of 2022, with a focus on the factors that affect the success and challenges faced in the social reintegration process for children facing the law. This research method uses a qualitative approach with the type of case study research. The results of this study show that the implementation of social reintegration in LPKA Class II Pangkalpinang still faces various challenges that affect its success. One of the main factors found is the limited facilities that support the development of children who are facing the law. Based on the data, only 30% of children get full access to adequate practical skills training and psychological coaching. In addition, the shortage of trained educators and supervisors has also worsened the effectiveness of the reintegration program. Only 40% of respondents stated that the supervisors at LPKA have enough skills to provide comprehensive assistance, both in educational and psychological aspects. Without any improvement in this regard, the social reintegration of newly freed children will remain limited. In addition, external factors such as social stigma and lack of support from the community and family are also significant obstacles. Based on a survey of the community around LPKA, only 20% of the community showed an open attitude and supported the social reintegration of children after they were released]]>
<![CDATA[The Role Of Land Certificates In Civil Dispute Resolution ]]>
<![CDATA[Firman Adi Candra]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5552
<![CDATA[The abstract of this study shows that land certificates have a very important role in resolving civil disputes in Indonesia. As a valid legal evidence, land certificates provide legal certainty for legitimate owners. However, there are a number of challenges in its implementation, such as the issuance of duplicate certificates, low public awareness of the importance of land registration, and administrative problems that often trigger disputes. The Complete Systematic Land Registration Program (PTSL) has had a positive impact by accelerating the issuance of certificates, but its implementation is still limited to several regions. Therefore, improvements are needed in the land administration system, public education regarding land registration, and stricter supervision of certificate issuance. Stricter law enforcement and strengthening of land policies are also needed to prevent land disputes in the future.]]>
<![CDATA[The Role of Government Public Relations in Digital Media in Building a Positive Image of the Central Sulawesi Provincial Government ]]>
<![CDATA[Intje Yusuf]]>;
<![CDATA[Muhammad Khairil]]>;
<![CDATA[Sitti Murni Kaddi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5584
<![CDATA[This study aims to analyze the role of government public relations in utilizing digital media to build a positive image of the Provincial Government of Central Sulawesi. In the digital era, government public relations hold a strategic responsibility to deliver accurate, transparent, and relevant information to the public. However, various obstacles such as limited human resource capacity, the spread of misinformation, and digital infrastructure disparities often reduce the effectiveness of communication. This study employs a qualitative approach with a case study method, involving in-depth interviews, digital media content analysis, and observations of public relations practices in the region. The findings reveal that the use of digital media by the public relations of the Provincial Government of Central Sulawesi still faces challenges in terms of consistency in information delivery and issue management on social media. Nevertheless, there is significant potential to improve the government’s image through better-planned, collaborative, and inclusive digital communication strategies. This study provides recommendations to enhance human resource capacity, expand digital infrastructure reach, and strengthen response mechanisms to negative information on social media. These efforts are expected to enable public relations to effectively build trust and foster a harmonious relationship between the government and the public]]>
<![CDATA[STUDY OF THE ACCURACY OF ELECTRONIC LAND CERTIFICATE CHECKING (CASE STUDY: LAND OFFICE OF ADMINISTRATIVE CITY SOUTH JAKARTA) ]]>
<![CDATA[Tetti Samosir]]>;
<![CDATA[Banu Sopian Hardiansyah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5600
<![CDATA[On April 25, 2022, Technical Instructions Number 3/Juknis-HK.02/IV/2022 concerning electronic certificate and land registration certificate (SKPT) checking services was issued. Based on the Technical Instructions, since April 25, 2022, electronic land certificate checking registration services have been implemented simultaneously in all Land Offices in Indonesia. The author formulates the problem as follows: First, How is the accuracy of electronic land certificate checking at the South Jakarta Administrative City Land Office? Second, What are the obstacles faced in electronic land certificate checking at the South Jakarta Administrative City Land Office? The type of research used is normative legal research with documentary studies using secondary data and qualitative data analysis techniques and interviews were conducted with parties directly related to this research. Based on the results of the research that has been carried out, it can be concluded that: First, That IT-based services are very much needed at this time to support the problem of electronically integrated systems and accelerate services to the public. So that the effectiveness of government services can be maximized. However, in practice, inaccuracies are still found in the results of electronic land certificate checking in one day of registration with a volume of incoming files between 100 to 150 applications with an accuracy ratio of 90% and inaccuracies of 10%. This is caused by the certificate not being validated at the beginning by human error and the data not being updated at the Data and Information Center on the BPN Central server which results in inaccurate land certificate checking results in the final results of the issuance of the check. Second, the obstacles faced by users of electronic land certificate checking services, namely PPAT and BPN, are basically mostly related to the IT system and server of the Electronic Land Certificate Checking Registration Service. Users of the Electronic Land Certificate Checking Registration Service must be skilled and adequate in using all the devices needed to complete the certificate checking registration.]]>
<![CDATA[The Productive Waqf Land Utilization Agreements in Indonesia: Legal Status and Financial Scheme ]]>
<![CDATA[Nurjamil, Nurjamil]]>;
<![CDATA[Arifin, Tajul]]>;
<![CDATA[Bisri, Hasan]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5604
<![CDATA[This research was conducted to determine the legal status, funding schemes and benefit sharing of the active waqf land use agreement in Indonesia. This research adopts a normative juridical approach, examining the legal dimensions of the subject matter based on statutory norms, particularly those related to waqf. It also employs an analytical descriptive method, whereby the collected data is analyzed to provide a comprehensive depiction of the utilization of productive waqf land in Indonesia. Data collection was conducted through literature review and in-depth interviews with commissioners of the Indonesian Waqf Board and practitioners in the Islamic financial services sector. The findings were then analyzed using qualitative data analysis techniques. The agreement on the use of beneficial waqf land in Indonesia is in accordance with both Islamic law and positive law. In large-scale ventures, investors can include financial institutions in the Sharia Non-Bank Financial Industry, such as sharia venture capital with mudarabah or musyarakah, or cooperate with sharia financial technology company via a crowd-funding agreement. This study is particularly valuable for waqf managers and scholars, as it can aid in developing contract-based utilization arrangements and financing schemes grounded in financing rules. Furthermore, the study highlights the potential of sharia venture capital and sharia financial technology as promising funding schemes for waqf-based ventures, offering innovative solutions for the sustainable growth of waqf land utilization.]]>
