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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 1,718 Documents
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Reviewing Law Enforcement on Small and Medium Enterprise Partnerships in Indonesia from a Competition Law Perspective Anita Afriana; Efa Laela Fakhriah
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.v24i1.5132

Abstract

Micro, small, and medium enterprises (MSMEs) play a crucial role in the economic development of Indonesia. One activity MSMEs can engage in is forming partnerships. These partnerships are established through innominate contracts, which, in principle, constitute partnership agreements. The Business Competition Supervision Commission, or Komisi Pengawasan Persaingan Usaha (KPPU), holds the authority to oversee both the formation and performance of partnership agreements entered into by MSMEs. This article uses a normative juridical approach with qualitative data to evaluate the supervisory role of KPPU in overseeing the performance of partnership agreements and the amicable settlement of disputes through changes in behavior under competition law. The results conclude that KPPU oversees compliance with the agreements and performance in accordance with general contractual principles, specifically those that must be included in partnership agreements. KPPU’s supervision, as part of law enforcement, occurs in two phases: the preliminary stage and the subsequent stage. In the subsequent stage, KPPU may impose administrative sanctions and criminal compensation based on the material facts of the proceedings. If the reported party changes their behavior during the preliminary stage, the proceeding may be terminated, allowing the dispute to be settled amicably. This approach should be prioritized as part of restorative justice, as it emphasizes law enforcement focused on restoring the original state and reestablishing harmonious relationships within society.
Changes in the Composition of Foundation's Organs Without Supervisory Board Meetings and the Foundation's Articles of Association merry kalyana; Antarin Prasanthi Sigit
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.v24i1.5186

Abstract

Changes to the composition of the foundation's organs should be based on a meeting of the supervisors or determined otherwise based on the foundation's articles of association. This is to provide certainty for foundations to carry out legal actions, both internally and externally. However, in practice there are also changes in the composition of organs that are not in accordance with the regulations in Article 28 in conjunction with Article 32 in conjunction with Article 44 of Law Number 28 of 2024, an amendment to Law Number 16 of 2001 concerning Foundations, hereinafter referred to as the Foundation Law. This of course can trigger development due to legal flaws as found in the case of the Banjarmasin High Court Decision Number 83/PDT/2022/PT BJM, the dispute in the a quo decision was triggered by changes to the foundation's organs which resulted in a meeting which may not have decided. cessation of foundation organs. Therefore, the aim of this research is to analyze the results of legal changes to foundation organs that are not based on supervisory meetings or based on the provisions of the foundation's articles of association. As well as, analyzing legal protection for administrators who are dismissed from their positions based on meetings that do not have the right to make dismissal decisions. This doctrinal legal research collects secondary data through literature study, which is then analyzed qualitatively. From the results of the analysis, it can be explained that the legal consequences of changes to the foundation's organs that do not comply with the provisions as found in the case of the a quo decision are that the legal consequences of changes to the composition of the foundation's organs that are not based on a meeting of supervisors or provisions in the Articles of Association are invalid and null and void by law. because changes to the composition of the foundation's organs are part of changes to the articles of association regulated in article 18 of the Foundation Law. As for legal protection for administrators who are dismissed from their positions based on meetings where decisions are not appropriate, preventive legal protection is carried out in the realm of administrative, civil and criminal law which gives rise to The obligation to pay compensation by the Defendant to the Plaintiff as the injured party and dispute resolution arise from the existence of repressive legal protection through the courts.
Juridical Implications On The Implementation Of The Position Of A Notary In Processing Business Licenses Online Through OSS RBA (Online Single Submission Risk Based Approach) Yehezkiel Caestama Sinaga; Mohamad Fajri Mekka Putra
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.v24i1.5193

Abstract

Licensing is a crucial aspect in business to ensure orderly administration, which is a prerequisite for establishing a business entity. Notaries, who have the responsibility to make authentic deeds in the process of establishing an entity, have limited authority based on the Law on the Position of Notaries. Often, notaries are involved in licensing activities using the Online Single Submission Risk-Based Approach (OSS RBA), although this is not specifically regulated in the regulations that apply to notaries. The author raises the issue regarding the limitations of the responsibilities that notaries have in carrying out business permits in the process of obtaining business permits through the RBA OSS and the relevant legal provisions for notaries involved in processing these permits. The research method in this research is doctrinal legal research using a legislation-based approach. The results of the research reveal that regulations related to risk-based licensing do not explicitly give authority to notaries to process business permits only with a power of attorney. Apart from that, sanctions against notaries who violate the provisions in processing business permits through the RBA OSS have not been adequately regulated in the code of ethics or the Law on Notary Positions.
Legal Protection for Public Shareholders on Forced Delisting of Securities by the Indonesian Stock Exchange Darren Mayer Hadi Kusuma; Zahry Vandawati Chumaida; Agus Widyantoro
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.v24i1.5262

Abstract

This study discusses the legal protection for public shareholders in the event of a forced delisting. This legal protection includes sanctions for public companies that fail to fulfill their legal obligation to repurchase all public shares. The novelty of this research lies in the fact that it not only examines the legal protection for investors that is normatively regulated by law but also delves into the legal responsibility for the losses suffered by investors as public shareholders when a public company fails to repurchase public shares following a forced delisting. The research employs a normative juridical method using a literature review of primary and secondary legal materials. The legal responsibility of a public company for investor losses is based on an unlawful act (onrechtmatige daad) committed by the public company for not fulfilling its legal obligation to repurchase all public shares as stipulated in OJK Circular Letter Number 13/SE.OJK.04/2023. The results show that investors have the right to legal protection in the event of a de-listing. These protections include the company's obligation to buy back all public shares, which is regulated in OJK Regulations. If the company does not fulfill this obligation, investors may suffer losses that can be remedied through administrative sanctions from OJK, such as warnings, fines, or revocation of business licenses. Companies that fail to fulfill their buyback obligations are considered to have committed an unlawful act and are liable for any losses suffered by investors. Therefore, listed companies need to be more compliant with capital market regulations to maintain investor confidence and market stability, as well as protect the rights of public shareholders.
Implementation of Restorative Justice in the Criminal Act of Underage Girls Running Away Aria Ganda; Trisno Raharjo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5309

Abstract

This research explores the implementation of restorative justice in handling runaway cases of minors. As a legal paradigm, restorative justice offers a holistic approach that involves restoring relationships disrupted by criminal acts. The focus is not only on punishment but rehabilitation, reconciliation, and restoration for victims and perpetrators. In the context of cases of runaway minors, this approach is a relevant and sustainable alternative. This research highlights variations in implementing restorative justice, indicating the need for more precise guidelines and standards to ensure consistency and effectiveness. Differences in local context and culture also play an essential role in successful implementation. Challenges in stakeholder participation highlight the need for further efforts to build trust and support the involvement of all relevant parties. In addition, this research underscores the need for ongoing support for runaway children following the restorative justice process, strengthening the argument for the integration of long-term recovery programs.
Legal Regulations Regarding the Placement of Medical Personnel on Domestic Civil Passenger Aircraft in Indonesia Reviewed from Law Number 1 of 2009 Concerning Aviation Toha Achmad Saputra; Marjan Miharja
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.v24i1.5327

Abstract

Airplanes are one of the main choices of air transportation for Indonesian people. During the flight, passengers sometimes experience various health problems that require the assistance of medical personnel. This study aims to analyze the legal regulations for the placement of medical personnel on domestic civil passenger aircraft based on Law No. 1 of 2009 concerning Aviation at this time, and to analyze future legal regulations regarding the placement of medical personnel on domestic civil passenger aircraft in Indonesia. This research method is normative juridical, using a statutory regulatory approach. From the results of this study, the placement of medical personnel on domestic civil passenger aircraft in Indonesia has not been regulated in Law No. 1 of 2009 concerning Aviation. For future legal regulations, regarding the placement of medical personnel on domestic civil passenger aircraft in Indonesia, legal regulations must be immediately stipulated. These legal regulations can be added to Law No. 1 of 2009 concerning Aviation. The government, the Indonesian House of Representatives, airlines and related parties must immediately stipulate these legal regulations to fill the legal gap and provide legal certainty to medical personnel and airlines.
Legal Consequences And Responsibilities Of Substitute Notaries For Copies Of Deeds That Differ From The Minutes Of The Deeds Mega Junia Erliyandi; Siti Hajati Hoesin
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.v24i1.5348

Abstract

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.
The Dynamics of Fulfilling Legal Protection for Victims of Human Trafficking Based on Victim Recovery in Indonesia's Border Regions Parulian Siagian; Abunawas Had
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.v24i1.5377

Abstract

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.
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) Putri Mawardita Puspitasari; Wirdyaningsih Wirdyaningsih
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.v24i1.5385

Abstract

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.
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 Selly Dayanti; Yoni Agus Setyono
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.v24i1.5390

Abstract

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.

Page 102 of 172 | Total Record : 1718

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