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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1,613 Documents
<![CDATA[Implementation of the Principle of Business Judgement Rule Doctrine to State-Owned Companies as an Effort to Protect Directors in Good Faith ]]>
<![CDATA[Dharsana, I Made Pria]]>;
<![CDATA[Kresnadjaja, Indrasari]]>;
<![CDATA[Dhananjaya, I Putu Lingga]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3090
<![CDATA[The Business Judgement Rule is a doctrine that protects Directors in good faith for the Company's losses. The point is that as long as the Board of Directors acts in good faith and solely for the Company's benefit. However, it turns out that the Company still suffers losses. It does not necessarily become the burden of the Board of Directors personal responsibility. Therefore, the Board of Directors cannot be held responsible for the Company's losses if the Board of Directors, in carrying out actions, has fulfilled all its obligations with the principles of good corporate Governance (GCG). If all GCG obligations and principles have been fulfilled, the Board of Directors is categorized as having good faith and cannot be declared wrong. The results of the author's study, in the context of the Business Judgment Rule Doctrine, the losses incurred are normal or reasonable business losses, and therefore the Company is responsible. And no one can be punished if there is no mistake. With the background of the Constitutional Court Decision Number 01/PHPUPres/XVII/2019 (Constitutional Court Decision 01) and two Supreme Court Decisions, the author tries to examine in more detail related to Decision No. 3849/K/Pid.Sus/2019 dated December 2, 2019, on behalf of Defendant Frederick ST Siahaan (former Finance Director of Pertamina) / (Supreme Court Decision 3849) and Decision No. 121K/Pid.Sus/2020 dated March 9, 2020, on behalf of Defendant Karen Agustiawan (former President Director of Pertamina).]]>
<![CDATA[Restorative Justice for Victims of Cyber Sexual Harassment: Realizing Justice for Victims ]]>
<![CDATA[Koto, Zulkarnein]]>;
<![CDATA[Sutrisno, Sutrisno]]>;
<![CDATA[Mayastinasari, Vita]]>;
<![CDATA[Koto, Ismail]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i2.3091
<![CDATA[Sexual violence on social media is one of the negative impacts of technological developments. Sexual violence on social media can have both physical and psychological impacts on victims. This study focuses on an analysis of the urgency and orientation of implementing restorative justice in cyber sexual harassment crimes. This research is a normative legal research with a conceptual and statutory approach. The results of the study confirm that the urgency of RJ's approach in cyber sexual harassment crimes is because the characteristics of cyber sexual harassment crimes are the existence of victims' losses both physically and psychologically so that RJ-based law enforcement efforts are needed which emphasize victim recovery as well as perpetrator awareness. The orientation of realizing justice for victims through RJ has actually been facilitated in the TPKS Law. This emphasized that victims have the right to medical, social and mental rehabilitation, social empowerment, compensation, and social reintegration. The guarantee for the fulfillment of victims' rights further emphasizes that the main orientation of the TPKS Law is efforts to recover victims. In addition, the TPKS Law has also formulated an RJ orientation for perpetrators that prioritizes social and medical rehabilitation for perpetrators.]]>
<![CDATA[Regulation of Street Naming in DKI Jakarta Province ]]>
<![CDATA[Yoexarin, Revany]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.3100
<![CDATA[Street naming is important in urban planning and identity. The very rapid development and growth of the Province of DKI Jakarta has a tendency towards a lack of coordination in road naming efforts, which creates problems in urban development efforts, business development and ease of mobility within the city. Based on a brief research on road naming and road administration authority based on Law Number 23 of 2014 concerning Regional Government and Law Number 38 of 2004 concerning Roads it is known that each Region has a different pattern of street naming arrangements as a logical consequence of the principle of regional autonomy. Therefore, this research requires a legal opinion to re-examine the regulations for naming roads in DKI Jakarta Province, namely the Regulation of the Governor of the Special Capital Region of Jakarta Number 51 of 2022 concerning Guidelines for Determining Street Names, Parks and Public Buildings. This research method uses a normative juridical research method that uses a qualitative approach. Furthermore, based on research, it is known that currently the Provincial Government of DKI Jakarta regulates the naming of roads with a Governor Regulation, different from other Regional Governments and regulates the scope of content material and the imposition of different sanctions, so that the Regulation of the Governor of the Special Capital Region of Jakarta Number 51 of 2022 concerning Guidelines for Determining Names Roads, Parks and Public Buildings need to be improved because they have not yet regulated the naming of roads in a comprehensive manner]]>
<![CDATA[Model of Sharia Financing Contract in the Form of Notary Deed According to the Perspective of Islamic Law ]]>
<![CDATA[Lubis, Muhammad Syukran Yamin]]>;
<![CDATA[Asmuni, Asmuni]]>;
<![CDATA[Syahnan, Mhd.]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3101
<![CDATA[The practice of developing sharia financing has actually experienced massive developments, especially in ensuring the existence of legal certainty in transactions. One of the developmental practices of sharia financing is the existence of a contract formulated in the form of a notarial deed. This research focuses on the legal vacuum related to the arrangement of making a shari'ah financing contract in the form of a notarial deed. This research is a normative legal research with a concept and statutory approach. The results of the study show that a sharia financing contract made in the form of a notarial deed according to Islamic law must still refer to the provisions of syar'i law. In the process of shari'ah financing contracts, it is necessary to refer to several syar'i aspects, such as paying attention to the provisions contained in the Qur'an and sunnah, the Sharia Banking Law, to the JN Law. The model for making sharia financing contracts in the form of a notary deed based on the principles of agreement in Islamic law places the position of a notary to guarantee neutrality, professionalism and integrity including fulfilling and complying with the code of ethics. Notaries need to understand the provisions of syar'i or Islamic law in formulating a syari'ah financing contract requiring certification and special training in making sharia banking contracts for notaries]]>
<![CDATA[Reconstruction of Sumang Customs in Gayo Community as An Effort to Prevent Underage Marriage ]]>
<![CDATA[Suhartini, Suhartini]]>;
<![CDATA[Surya, Achmad]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3139
<![CDATA[Sumang custom in the Gayo community is an idea of cultural and religious values adopted by the community which is a reference for community behavior packaged in customary law. But at this time, Sumang shifted, faded, and even slowly disappeared its values in the Gayo community of Central Aceh Regency. The objectives of this study are: First, the nature of sumang customs in gayo society according to Indonesian positive law? Second, Factors for the fading of sumang customs in the Gayo community in Central Aceh district? This research is an empirical juridical research using primary data sources (field data) and secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. Furthermore, the data obtained were analyzed in a qualitative descriptive manner. The results of the study explained, the nature of Sumang customs in the Gayo community as rules in manners and politeness that regulate the way of association of a man and a woman who is not his muhrim, which aims to avoid promiscuity and adultery. Factors of the fading of sumang customs in the gayo community, the lack of role of parents in introducing and teaching their children about sumang, due to technological advances, and the lack of functioning of supervisory roles carried out by Sarak Opat and bebujang (youth) in the village environment.]]>
<![CDATA[LEGAL PROTECTION OF EMPLOYEES WITH A SPECIFIC TIME WORKING AGREEMENT WITHIN THE FRAMEWORK OF THE RULE OF LAW STATE IN INDONESIA ]]>
<![CDATA[Santoso, Imam Budi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3140
<![CDATA[Employment relationships are often carried out using a Certain Time Work Agreement (PKWT) or often called contract employees. This often happens in the practice of industrial relations in Indonesia which is sometimes made by employers by changing contracts every year with workers/labourers, even though the work carried out is work that is carried out permanently and continuously and should be done using an Indefinite Time Work Agreement (PKWTT) or often called permanent employees. In practice, entrepreneurs often violate the provisions of PKWT which have been stipulated in the provisions of the law. Although workers/labourers have complained to the Manpower Office about the actions of employers who violate PKWT, in fact, employers are reluctant to carry out decisions or recommendations from Supervisors or Mediators to improve the status of workers/labourers from PKWT to PKWTT. Then the change of PKWT status to PKWTT in the practice of the Industrial Relations Court can be carried out by Workers / Workers if the employer violates Article 59 paragraph (1) of the Job Creation Law. This has legal consequences on the fulfillment of workers' rights in accordance with the rules applicable to PKWTT. In order to guarantee legal protection for workers, the government must make implement regulations that regulate the types and names of jobs that must be done with the PKWT category and what work must be done with the PKWTT category. As well as imposing sanctions for entrepreneurs who violate the provisions of PKWT.]]>
<![CDATA[Digitalization of Electronic Public Service Systems in Village Government: State Administration Law Perspective ]]>
<![CDATA[Fasyehhudin, Mohamadfasyehhudin]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3145
<![CDATA[Tujuan penelitian ini adalah untuk menganalisis bagaimana efektifitas sistem pelayanan dan informasi berbasis digital terhadap layanan administrasi pemerintahan desa sebagai layanan yang efektif dan efisien dan menganalisis faktor-faktor kelemahan sebagai penghambat sistem layanan dan informasi publik berbesis digital (elektronik) di Pemerintahan Desa. Penelitian ini menggunakan metode penelitian hukum normatif.Hasil penelitian ini adalah Komitmen Pemerintah Kabupaten Serang yang menjadi prioritas dari seluruh jumlah desa di Kabupaten Serang, sebanyak 326 Desa, yang sudah terpasang wifi sebagai sinyal internet, 151 Desa, yang sudah aktif melakukan pelayanan digital sebanyak 47 desa, yang menjadi Pilot Projek terdiri dari enam (6) desa. Implementasinya belum berjalan efektif sebagaimana komintmen pemerintah Kabupaten Serang. Faktor kelemahan yang menghambat efektifitas penggunaan sistem layanan dan informasi berbasis digital (elektronika) , adalah : a. Tekanan dari dalam dan luar pemerintah diperlukan integritas untuk membangunan sistem layanan dan informasi yang efektif dan efisen di desa, b. Kurangnya interaksi yang melayani dan yang dilayani antara pemerintahan desa dan masyarakat belum berjalan secara sinergi c. Sistem layanan dan informasi berbasis digital masih belum dikuasai baik teknis maupun non teknis di internal pemerintahan desa dan masyarakat belum menguasai berbagai aplikasi yg tersedia di desa]]>
<![CDATA[Determination of Expert Position in Holding Special Cases in the Police Investigation Stage ]]>
<![CDATA[Tornado, Anang Shopan]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i2.3168
<![CDATA[When the expert has been presented in the investigation stage, of course, it will have a good impact on the results of the case filing. However, problems still need to be addressed regarding the urgency and legal consequences of expert testimony in the investigation stage. This study examines the urgency of presenting experts in the case title in the investigation stage and the legal consequences if the expert needs to be presented in the case title in the investigation stage. This study uses a normative juridical method. The results of the study concluded that the public prosecutor himself was helped by the existence of expert information at the investigation level because it would see the criminal events that would be prosecuted more completely and thoroughly. Second, no sanctions or consequences were found in Perkap 6 of 2019 concerning Criminal Investigations when the investigation does not present an expert in the title of the case. Although the provisions in Article 33 paragraph (2) of Perkap 6 of 2019 contain the word mandatory, it needs to be balanced with sanctions or consequences when investigators fail to present experts in their case titles.]]>
<![CDATA[LEGAL CERTAINTY TERM OF PROTECTION TRADEMARKS FOR SME AND IKM ACTORS ]]>
<![CDATA[Pasaribu, Muldri Pudamo James]]>;
<![CDATA[Naldo, Rony Andre Christian]]>;
<![CDATA[Sinurat, Anggiat]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3179
<![CDATA[The practice of SMEs and IKM which are the most developed business units in Indonesia. Regarding its development, in order to create legal certainty and obtain legal protection, every SME and IKM actor should register their trademark. For applications for registration of trademarks that are accepted, SMEs and IKM actors obtain rights to trademarks, which furthermore the Menkumham via DGIP issues trademark certificates, the official excerpt of which can be obtained by SMEs and IKM actors through filing an application by paying an official fee. This study discusses the registration of trademarks by SME and IKM business actors and/or their proxies in order to create legal certainty and obtain legal protection. In this regard, this study uses the Theory of Legal Certainty, focused on examining legal certainty regarding the term of trademark protection for SMEs and IKM actors. This research is a type of normative research. The method used in this study is a normative juridical research method. This research is a prescriptive analysis, using various types of data in legal research related to national and regional economic growth. The results of the study conclude that legal certainty for trademark legal protection for SMEs and IKM actors is 10 (ten) years from the date of receipt, and can be extended for 10 (ten) years. In Law Number 20 of 2016, there is no legal certainty regarding the application for further extension by SMEs and IKM actors who own trademarks and/or their proxies in order to obtain trademark legal protection. Tariffs related to the registration or extension of trademarks have been determined by the Government in Government Regulation Number 28 of 2019.]]>
<![CDATA[INTEGRITY ZONE DEVELOPMENT STRATEGIC POLICY AS LEGAL MEASURES FOR CORRUPTION PREVENTION AT UIN SALATIGA ]]>
<![CDATA[Mahrus, Ali]]>;
<![CDATA[sudibyo, Desiderius priyo]]>;
<![CDATA[erlin mulyadi, Asal wahyuni]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3182
<![CDATA[The aims of this study are 1) to find out what factors have caused the failure and success of the construction of the Integrity Zone at IAIN Salatiga in achieving the title of a Corruption-free Region; 2) To find out the Integrity Zone development policy in an effort to prevent corruption at IAIN Salatiga. This research uses a descriptive qualitative method. The stages that the researcher will go through include: the data reduction stage, data presentation, and conclusion drawing (verification). The results of the research are: 1) The most significant cause of failure is due to budget refocusing caused by the handling of the Covid-19 pandemic, which results in sudden budget revisions or the emergence of rules that require changing the program of activities that have been set at the beginning; 2) There are 6 aspects of success in the development of the Integrity zone at IAIN Salatiga including change management, management arrangements, management system arrangements, strengthening supervision, strengthening the quality of public services and making one-stop integrated services; 3) With the establishment of an integrity zone policy at IAIN Salatiga, it can make agents of change in work units, because ZI is not only a matter of orderly administration but also how to work units can serve the community.]]>
