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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 1,631 Documents
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LEGAL PROTECTION FOR THE BOARD OF DIRECTORS OF REGIONAL GOVERNMENT-OWNED ENTERPRISES MAKING INVESTMENTS WITH THIRD PARTIES THROUGH THE APPLICATION OF THE BUSINESS JUDGMENT RULE DOCTRINE Ramlan, Hamzar Nodi, M. Ilham
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.v24i2.6640

Abstract

This study aims to examine whether the business judgment rule doctrine can be applied to protect the directors of Regional Government-Owned Enterprises (RGE) who engage in investment collaborations with third parties when the RGEs incurs losses. The type of research employed is normative legal research, utilizing a conceptual approach and a case approach. The study is explanatory in nature and relies on secondary data, with primary legal sources including the Limited Liability Company Law and Government Regulation No. 54 of 2017, analyzed qualitatively. In performing their duties to manage RGEs, directors are often blamed and accused of criminal corruption due to the perceived losses suffered by the RGEs as a result of their actions. Therefore, directors in managing RGEs must act in good faith and responsibly, paying careful and diligent attention to the company. They are personally accountable for any company losses if they are found guilty of or negligent in performing their duties. However, directors who perform their duties appropriately and can demonstrate that the losses incurred by the RGEs were not due to their fault or negligence can be exempted from liability for such losses through the application of the business judgment rule doctrine
The Principle of Justice in Sharia: A Study of The Meaning of Kufu'/Kafa'ah (Compatibility) of Bride and Groom in Marriage abdul wahab
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.v24i1.6869

Abstract

This study examines the application of the kufu' (compatibility) principle in Islamic marriage law and its contribution to promoting social justice. The research aims to analyse how kufu', traditionally employed to ensure marital harmony by assessing equality in terms of religion, social status, and economics, is implemented in contemporary Muslim societies. The study uses a qualitative approach, gathering data through interviews with Islamic scholars, marriage counsellors, and couples, complemented by an extensive literature review. The findings indicate that while kufu' can enhance marital stability, its rigid interpretation in certain contexts has led to gender and class discrimination. As societies evolve, there is an increasing need to reinterpret this principle to include compatibility with emotional, psychological, and personal values beyond mere social or economic equality. The study concludes that kufu' remains relevant but requires adaptation to modern values of justice and equality to ensure fair and stable marriages, contributing to broader discussions on justice within Islamic family law.
Legal Updates Regarding Industrial Design Rights for Micro, Small, and Medium Enterprises: A Pancasila Economic Perspective Kadek Putri Nirmala Dewi; I Gede Agus Kurniawan
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.v24i2.7086

Abstract

Industrial design is one of the important intellectual property rights for Micro, Small, and Medium Enterprises (MSMEs) as a strategic instrument in promoting the protection and development of product innovation, which is essential for the pillars of the national economy. This research aims to analyze efforts to reform laws related to industrial design rights for MSMEs from the perspective of Pancasila economics. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that the status of industrial design rights is very important for SMEs in protecting and developing product innovation and creativity, which contributes to the national economy. Although Law No. 31 of 2000 does not differentiate between the protection of MSMEs and large businesses, this right provides exclusive protection against design to prevent plagiarism, while also strengthening the competitiveness of MSME products in domestic and international markets thru legal recognition of esthetic elements such as product packaging, shape, pattern, and color. From the perspective of Pancasila Economics, legal reforms that simplify registration procedures, reduce costs, and enhance technical assistance are crucial for creating regulations that are inclusive, fair, and adaptable to technological developments and globalization. This research recommends revising the Industrial Design Law to prioritize ease of access for MSMEs, while also affirming the role of industrial design rights as a strategic asset for empowering the people's economy in order to achieve social justice and sustainable national economic development.
Hukum Acara Perdata dalam Penyelesaian Sengketa Perdata: Tinjauan Teori Hukum Responsif Nonet dan Selznick I Putu Windu Semara Putra; I Gede Agus Kurniawan
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.v24i2.7123

Abstract

Civil procedural law is the primary instrument for resolving civil disputes in court. However, in practice, criticism often arises that existing procedures tend to be rigid, formalistic, and do not always meet the needs of justice seekers. The responsive legal theory developed by Nonet and Selznick offers an analytical framework for assessing the extent to which the legal system is able to adapt to the aspirations and interests of society. This study aims to examine how civil procedural law in Indonesia functions in resolving civil disputes and to assess the extent to which its application can be categorized as responsive law, according to Nonet and Selznick's theory. This study uses a normative-juridical approach with a literature review. Data were obtained from relevant laws and regulations, legal literature, and court decisions, then analyzed qualitatively through the perspective of responsive legal theory. The analysis shows that although civil procedural law has provided a formal mechanism for resolving disputes, its implementation is often procedural and slow. This creates a gap between legal norms and the reality of justice seekers. Within the theoretical framework of Nonet and Selznick, Indonesian civil procedural law tends to be at the stage of "autonomous law," which emphasizes formal rules, but has not yet fully reached the stage of "responsive law," which is oriented towards substantive justice and social needs. Civil procedural law needs to be directed in a more responsive direction by simplifying procedures, improving access to justice, and emphasizing fair resolution for the parties. Thus, law becomes not only a procedural tool, but also an instrument of justice that lives within society.
The New Regulations on Land Management Rights (HPL) to Increase Investment Dwiyatmi, Sri Harini; Hutajulu, Marihot Janpieter; Novitasari, Selvie; Amitha, Exsa Nur Chika
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.v24i1.7125

Abstract

Land Management Rights (HPL) are an agrarian legal instrument that plays a strategic role in managing state assets. However, procedural complexity, overlapping regulations, and limited investor access to state land often hinder the creation of a conducive investment climate. The government introduced new regulations regarding HPL to address these issues by strengthening legal certainty, simplifying cooperation mechanisms, and increasing transparency. This article aims to examine the substance of the new HPL regulations and analyze their implications for increasing investment in Indonesia. The research uses a normative juridical method with a legislative approach and qualitative analysis of policy documents and implementation practices. The study results indicate that the new regulations provide greater flexibility for HPL holders in collaborating with investors while simultaneously reducing bureaucratic obstacles. However, challenges such as harmonizing regulations and protecting surrounding communities still require attention to ensure sustainable investment growth.
Legal Status and Rights of Children from Mixed Marriages Abroad that are not Registered in the Indonesian Civil Registry Andyna Susiawati Achmad; Paula Paula; Astrid Athina Indradewi
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.v24i2.5139

Abstract

This study aims to analyze (1) the registration of mixed marriages conducted abroad in the Indonesian Civil Registry and (2) the rights and legal status of children from mixed marriages abroad who are not registered with the Indonesian Civil Registry. Technology development has increased interactions between citizens of different countries, resulting in mixed marriages. The prospective husband and wife from various nationalities are subject to the laws of their respective countries. In the international realm, there are differences between Indonesian marriage laws and those of other countries, both in material and procedural aspects. The research method used is normative juridical. The findings of this study indicate that mixed marriages conducted abroad can be registered in Indonesia by fulfilling administrative requirements. Children from mixed marriages abroad who are not registered in Indonesia are considered Indonesian citizens and have rights as children born out of wedlock unless acknowledged by their father or it can be proven that the child has a blood relationship with the father.
The Effectiveness of The Role of The Land Office (Badan Pertanahan Nasional) as A Mediator in Resolving Land Disputes Basyarudin
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.v24i1.5145

Abstract

Land is an object that is vulnerable to disputes and problems regarding ownership and boundaries. The problem raised in this research concerns the effectiveness of the mediation role of the national land agency in resolving land conflicts and the factors that influence it. Research Objective: To examine and analyze the effectiveness of the role of the Land Office in resolving land disputes which are carried out by the provisions and are binding according to statutory regulations. This research was carried out in a normative juridical manner using a statutory approach. The role of the Land Office or National Land Agency as an effective mediator in resolving land disputes as a government institution that carries out government duties in the land sector. The role of the Land Office as a mediator in resolving land disputes is to strive to be a means of resolving land disputes by implementing a legal system that guarantees justice, legitimacy, and legal certainty. Therefore, it can be concluded that the results of conciliation within the land agency can have binding legal value, which indirectly shows that the role of the land agency as a mediator in resolving land disputes has been effective, but in reality, very few land disputes have been successfully resolved
Compensation for Damages Caused by Artificial Intelligence under Indonesian Civil Law Rai Mantili; Sherly Ayuna Putri; 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.v24i1.5164

Abstract

Artificial intelligence (AI) is a technology that refers to the simulation of human intelligence programmed into electronic devices to think like humans and mimic human actions. The rapid development of AI has sparked debates in the legal field, particularly when errors occur and cause harm to the public. Currently, Indonesian law does not explicitly regulate legal protection for a party who suffers material or immaterial damages due to errors caused by AI. This research aims to contribute to the development of civil law discourses through a normative and descriptive approach. The data used are secondary data, and a qualitative method is used to analyze and present the data descriptively. The research finds that there are no specific regulations governing liability for material or immaterial damages resulting from AI activities. The conclusion drawn is that AI cannot be considered a legal subject and lacks control over its actions and intent. Therefore, the burden of compensation for errors caused by AI falls on the creators and users of AI, as stipulated under Article 1365 of the Civil Code and Article 1367 of the Civil Code, which states that: "A person is not only liable for losses caused by their own actions but also for losses caused by the actions of those for whom they are responsible or by goods under their supervision."
Online-Based Violence Against Children: Efforts to Develop Child Protection Strategies in the Digital Era in Magelang Regency Triantono; Muhammad Marizal; Natasya Okta Setiani
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.v24i2.5277

Abstract

The rapid advancement of technology has resulted in the exponential transformation of social interactions and relations. The ease of access and broad reach have increased internet penetration, particularly among children aged 13-17 in Magelang Regency. While this situation can have positive impacts, the low level of literacy and awareness of the use of digital devices has increased the risk of online-based violence against children. This research focuses on three issues: the conditions and dynamics of online-based violence against children in Magelang Regency, the measures already taken to respond to online-based violence against children in Magelang Regency, and prevention strategies for online-based violence against children from the perspective of fulfilling children's rights and protection in the future. This study employs a qualitative approach with children aged 13-17 years. The research findings reveal that children aged 13-17 years in Magelang Regency experience two forms of violence: cyberbullying and sexual harassment. Low digital media literacy and risky interaction behaviours, coupled with inadequate mitigation efforts, pose a significant potential for an increase in this type of violence in the future. There are seven prevention strategies: digital literacy for children and parents; safe environment and technology; accessibility of services; strengthening regulations and child protection institutions; strengthening coordination and synergy; public awareness; and parental/family participation.
Authority of The Indonesian Corruption Eradication Commission Post Amendment to Law No. 19 of 2019: Regresive or Progressive in Law Enforcement? Fransiscus Xaverius Hastowo Broto Laksito; Rian Saputra; Doris Rahmat; Waluyo Slamet Pradoto; Aji Bawono; Kesya Zhalibina Sunarto
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.v24i2.5334

Abstract

The aim of this research is to look at the transformation of the Corruption Eradication Commission Institution after the revision of the new Indonesian Corruption Eradication Commission (KPK) Law in supporting corruption prevention policies in Indonesia. This research was conducted using doctrinal legal research methods or normative legal research. In this research, the approaches used include: Statute Approach. Conceptual Approach, Historical Approach, Case Approach. The research results show that: 1) The authority of the Corruption Eradication Commission (KPK) after the promulgation of Law no. 19 of 2019 concerning the Second Amendment to Law no. 30 of 2002 concerning the Corruption Eradication Commission, with the addition of the Supervisory Board within the Corruption Eradication Commission (KPK)  Institution which has quite large authority, namely not only supervision but also the implementation of the authority of the Corruption Eradication Committee, namely that it must first obtain permission from the Supervisory Board before carrying out wiretapping, searches and/ or the confiscation is carried out by the Corruption Eradication Commission, this can hinder law enforcement in eradicating criminal acts of corruption and can also affect the independence of the Eradication of Corruption Crimes within the Corruption Eradication Commission Institution.

Page 122 of 164 | Total Record : 1631

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