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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 1,653 Documents
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EVALUATING THE CONCEPT OF ESSENTIALLY DERIVED VARITIES TO PROTECT ECONOMIC INTEREST OF BREEDERS/RIGHTS HOLDER AND FOSTER DEVELOPMENT OF PLANT VARIETY INNOVATION IN INDONESIA Luqyana Agny Anisataqiyya
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.v24i1.5848

Abstract

The development of modern biotechnology has introduced the concept of essentially derived variety (EDV) protection. However, its regulation in Indonesia led to ambiguity regarding the protected parties. Both EDV and initial variety breeders/holders perceive a lack of adequate protection, potentially causing economic losses. To analyze the legal gap, this study employs judicial-normative methods by examining Indonesian Positive Law and international instruments and proposing an ideal protection framework. The findings reveal moderate differences between national and international laws. There is a remuneration policy provided by EDV breeders/holders and/or reversed burden of proof mechanism in proving essential characteristics as stipulated in the 1991 UPOV Convention, neither of which are yet regulated under Indonesian legislation. Therefore, legislators must harmonize regulations and the PVP Office should take a more proactive approach to protecting breeders/holders, including the use of local varieties. As a result, the existing concept will be more optimal in ensuring interests of related parties.
Juridical Review of the Term of Land Rights in Ibu Kota Nusantara in The Perspective of Agrarian Law Yohana Maranatha; Indah Dwi Qurbani; Trie Sulistiowarni
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.v24i1.5851

Abstract

This study examines the juridical aspects of the term of land rights granted to business actors in the Ibu Kota Nusantara as stipulated in Article 9 paragraph (2) of Presidential Regulation No. 75 of 2024 concerning the Acceleration of the Development of the Ibu Kota Nusantara which grants the term of Land Rights of Cultivation Rights up to 190 years, as well as Building Rights and Use Rights up to 160 years. This provision contradicts Law No. 5/1960 on Basic Agrarian Principles and raises concerns about the potential monopolisation of land by private investors. This research aims to analyse the implications of the application of the land rights Cycle Agreement stipulated in Perpres 75/2024 in terms of the hierarchy of laws and regulations and analyse the granting of the land rights period in Ibu Kota Nusantara with the principle of land tenure by the State.
RECONSTRUCTING EQUITABLE SPECIAL AUTONOMY BASED ON LOCAL KEARIFICITY AND REGIONAL POTENTIALS bambang
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.v24i1.5870

Abstract

The granting of special autonomy to local governments does not have a positive impact on its implementation, it can be seen that the regional governments that implement special autonomy are included in the category of underdeveloped and poor regions, this is due to the implementation that cannot be maximized and the limited authority to manage the potential and resources of the region and the authority of local governments to innovate is very limited and lacking due to most of the kunkuren authority is still under the authority of the government, so that the dependence on assistance from the central government is still large, thus a reconstruction of regulations on special autonomy is needed with the aim that it can be implemented and the regions are able to be independent in managing regional potential based on local resources and wisdom. The research aims to find out the problems of special autonomy and the concept of regulation which will be applied so that it has a positive impact in implementing special autonomy. The discussion uses a normative juridical approach method focused on analyzing literature and legal documents through doctrinal research. From the results of studies conducted in the implementation of special autonomy to several regional governments in Indonesia has not been successful and the main objectives of special autonomy have not been achieved, therefore it is necessary to change the concept of special autonomy regulation through the reconstruction of the legal concept of special autonomy in a form where concurrent authority only exists in local governments, special autonomy in the form of material autonomy whose authority lies with the provincial government and the central government has the authority to form regulations and implement regulations carried out by local governments, namely the provincial government
Analysis of Legal Protection for Consumers in Property Credit: Promoting the Value of Justice Imelda Mardayanti; Willy Cahyadi; Cia Cai Cen
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.v24i1.5872

Abstract

This article analyzes the legal protections afforded to consumers within property credit agreements, emphasizing the critical role of justice in ensuring equitable outcomes. Employing a qualitative research methodology, this study explores the existing legal framework, its practical application, and the challenges faced by consumers in navigating the complexities of property credit. The analysis incorporates scholarly perspectives and recent legal developments to advocate for enhanced consumer protection measures that align with principles of fairness and transparency. Findings reveal significant gaps in the current legal framework, particularly in addressing power imbalances between lenders and borrowers, as well as in providing accessible remedies for consumers facing unfair practices. The study highlights the need for clearer disclosure requirements, stronger enforcement mechanisms, and improved financial literacy programs to empower consumers. By synthesizing theoretical insights with empirical observations, this research contributes to the ongoing discourse on consumer rights and proposes actionable reforms to strengthen the legal safeguards within property credit agreements. Ultimately, the article underscores the importance of a justice-oriented approach in fostering a more equitable and transparent credit market.
DIALECTICS OF SUPREME MOTHER'S RIGHTS IN CARING FOR CHILDREN WHO ARE NOT MUMAYIZ IN CHILDREN RIGHTS DISPUTE IN INDONESIA M. Nasikhul Umam Al-Mabruri; Syamsul Anwar; Abdul Mustaqim
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.v24i1.5881

Abstract

This paper examines the custody of the child in which the child is still 1 year and nine months old, while the other case is five years old. This paper is here to analyze cases of child custody through court decisions and also to investigate more deeply the rules. Two things that the writer emphasizes in writing, first, why is the judge granting custody of the child to the father, even though the child is still a minor. Second, how the rules are arranged in classical books, the goal is to know the specific rules in classical books, especially child custody. This study uses a psychology perspective. This paper reveals that the judge has not been so sensitive to the custody of children who are still mumayiz because the judge considers that what the mother does is part of the neglect of the child, even though it is quite clear in the decision regarding the reasons that have been put forward properly so that the mother should have a greater right to care for young children. So that the psychological and mental aspects of the child can be fulfilled even though they are not complete as safety for parents who are still living and raising children together.
The Evolution of Money Laundering Enforcement in the Cryptocurrency Age Anak Agung Alit Satya Prananda, S.H.; Kadek Januarsa Adi Sudharma
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.v24i1.5886

Abstract

This research examines the regulations and law enforcement efforts concerning the use of cryptocurrency as a money laundering tool in both Indonesia and the United States. Using normative legal research methods and a comparative approach, the study compares the legal frameworks of the two countries. In the United States, agencies such as FinCEN, IRS, and SEC play a critical role in enforcing laws against the use of cryptocurrencies for money laundering, with comprehensive laws and sophisticated enforcement mechanisms. Meanwhile, Indonesia relies on BAPPEBTI to oversee and regulate cryptocurrency activities. Although Indonesia’s legal framework may not be as extensive as the United States', the country has taken significant steps, such as adopting the "Travel Rule" to monitor cryptocurrency transactions. However, both countries face a common challenge: the anonymity offered by cryptocurrencies, which complicates investigations into money laundering. To address this challenge, both countries require more detailed regulations and enhanced international cooperation to effectively combat the misuse of cryptocurrencies for money laundering. The research suggests that strengthening legal measures and improving global collaboration are essential to mitigate the risks associated with cryptocurrency-based financial crimes.
THE APPLICATION OF DIVERSION IN THE INVESTIGATION OF CRIMINAL OFFENCES IN THE FIELD OF TRAFFIC AGAINST CHILDREN Reimon Supusepa; Elias Zadrach Leasa
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.v24i1.5887

Abstract

Restorative justice is a diversion process in which all parties involved in a particular criminal offence together solve problems, create an event to make things better by involving child victims, children and the community in finding solutions to repair, reconciliation and reassurance that are not based on revenge. The purpose of this study is the application of diversion in the investigation of criminal offences in the field of traffic against children and the application of diversion by investigators has been effective to be able to handle children as perpetrators of criminal offences in the field of traffic. The research method used is normative juridical research method. The Police in order to provide protection to Children Against the Law through the discretionary authority granted by the law have made various best efforts in handling child criminal cases as a whole and this can be seen from the various child criminal cases that can be resolved through the concept of restorative justice or through diversion and various rules / guidelines made to support the implementation of handling child crimes.
Legal Certainty and Transparency in the Implementation of Government-Private Public Partnerships in Indonesia Stevy Hanny Supena; Muh. Ilham; Eko Budi Santoso; Petrus Polyando
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.v24i1.5888

Abstract

Indonesia's public-private partnerships (PPP) have become a key strategy to address infrastructure development challenges and other vital sectors. While PPPs have significant potential to drive sustainable economic growth, their implementation in Indonesia still faces various challenges, particularly concerning legal certainty and transparency. This study examines the challenges encountered in PPP execution, focusing on legal and transparency issues in project management. Based on the analysis of several case studies related to PPP, such as geotourism development in Belitong, the impact of the pandemic on export sectors, and the strengthening of immunization systems, the research identifies how public-private collaboration can significantly contribute to sectors like tourism, economy, and healthcare. However, major challenges include unclear regulations regarding the allocation of risks, rights, and responsibilities between the parties involved and a lack of effective transparency mechanisms in project management. This study also analyzes existing regulations, such as Law No. 2 of 2017 on Construction Services and Presidential Regulation No. 38 of 2015, and discusses the need for revisions and improvements. The findings suggest that, for PPP projects to succeed and be sustainable, strengthening legal frameworks and improving transparency are essential, ensuring that the collaboration between the government and the private sector operates more efficiently and maximally benefits Indonesia's development.
Integration of Customary Marriage Law Into Positive Law as Justice in Social and Legal Context Yenny Febrianty; Fauzan Azima Faturachman; Maudy Anjani; Asmida Ahmad; Viorizza Suciani Putri
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.v24i1.5891

Abstract

Indigenous societies' social interactions are governed by customary law, which has a major impact on cultural identity. Conflicts between local customs and the standardized elements of positive law make it difficult to integrate customary marriage rules into Indonesia's national legal system. Indonesia acknowledges the importance of customary law, yet there is still inconsistency when it comes to marital customs and other areas where it is included in national laws. The goals of this research are twofold: first, to understand how positive law in Indonesia interacts with customary marital law, and second, to find ways to bring these two systems together in a way that promotes inclusivity, justice, and cultural diversity. This study utilizes a normative juridical method by conducting qualitative and comparative analyses of pertinent literature, legal concepts, and legislation. The article looks at marriage legislation from both a positive and traditional perspective, comparing and contrasting the two. In particular, the results show that there are substantial obstacles to bringing traditional marriage regulations into line with modern legal norms in the areas of marriage registration, gender equality, and the age of consent. The research suggests a mechanism for incorporating Indonesia's traditional marriage rules into the country's formal legal framework, with the goals of protecting cultural values and promoting social justice and human rights. Insights from this study may help academics, legal professionals, and legislators make national law more welcoming and sensitive to other cultures.
Legal Protection for Wives in Murder Cases: An Islamic Law and Positive Law Perspective Muhammad Yasir; Syamsiah Nur; Rina Septiani; Solihah Sari Rahayu; Ratna Rintaningrum; Karimuddin Abdullah Lawang
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.v24i1.5893

Abstract

This study aims to analyze the legal protection for wives in murder cases from the perspectives of Islamic law and positive law. In the context of Islamic law, the principle of justice governs the rights of wives, including protection against domestic violence. However, the implementation of this principle in judicial practice still faces various challenges. On the other hand, Indonesia's positive law, despite regulating women's protection through the Law on the Elimination of Domestic Violence (UU PKDRT), also encounters obstacles in effective law enforcement, particularly in cases of violence resulting in murder. This study also discusses the comparison of sanctions imposed on perpetrators of wife murder in both legal systems, highlighting significant differences in the determination and implementation of penalties. Additionally, this research identifies major challenges in law enforcement, such as the lack of gender sensitivity among law enforcers and the limited access victims have to effective protection. The proposed policy recommendations include strengthening regulations on wife protection, enhancing the capacity of law enforcement officers, and expanding access to legal and psychological services for victims. This study contributes to the development of a more responsive legal policy for women's protection.

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