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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 Consequences Of Insider Trading In Limited Liability Companies yeni triana
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.v24i2.6394

Abstract

The background of this study focuses on insider trading practices and the legal consequences for insider trading perpetrators in limited liability companies. The specific target of this study is to explain the legal consequences for insider trading perpetrators. The insider trading phenomenon is pivotal to examining the limited liability companies' evolution, as insider trading may impact the company's prospects. Insider Trading provides many benefits for its perpetrators, including obtaining accurate information from insiders regarding the company's prospects in the future. This information can augment stock prices and can also decrease significantly. It allows the perpetrators to gain extraordinary profits by buying or selling earlier than other parties. Through insider trading, investors can earn profits that other parties may not enjoy. Indonesia classifies insider trading as a crime. This point is in line with Law Number 8 of 1995 regarding the Capital Market, which prohibits individuals possessing insider information about a company from purchasing or selling shares in the capital market.
Legal Analysis of Prerogative Rights of Papua Representative Council Members Appointed Under The Special Autonomy Framework to Nominate Governor and Deputy Governor Candidates in Regional Elections Yusak Elisa Reba
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.v24i2.6396

Abstract

This study aims to analyze, from a legal perspective, the rights of members of the Papua Representative Council (DPRP) appointed under the Special Autonomy framework to nominate candidates for Governor and Deputy Governor in regional elections in Papua Province. This type of research is normative juridical, using a statutory approach. The legal materials used consist of three types: primary legal materials, secondary legal materials, and tertiary legal materials. Primary legal materials include central and regional legislation, particularly the Papua Special Autonomy Law, the Second Amendment to the Papua Special Autonomy Law, and Government Regulation No. 106 of 2021. Secondary legal materials consist of research findings on Special Autonomy that have been published in academic journals. Tertiary legal materials include references such as the Kamus Besar Bahasa Indonesia (KBBI). The findings of this study indicate that (1) Both elected and appointed members of the DPRP hold equal status in terms of duties, authority, and function as representatives of the people at the regional level. However, in terms of the right to nominate candidates for Governor and Deputy Governor in the regional elections within the context of Special Autonomy in Papua Province, appointed DPRP members do not have equal status with elected DPRP members. (2) Although the appointed DPRP members meet the numerical requirements to propose candidates for Governor and Deputy Governor, they are not granted such rights under Law No. 21 of 2001 concerning Special Autonomy for Papua Province, its Second Amendment through Law No. 2 of 2021, or Law No. 1 of 2015 concerning Regional Head Elections.
Land Use Planning And Land Control Analysis On The Buffer Area Of The Asahan Hilir River Onny Medaline; Kuswandi
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.v24i2.6398

Abstract

This research examines land use planning and land control in the buffer zone of the Asahan Hilir River, a strategic area that intersects between the City of Tanjung Balai and Asahan Regency. North Sumatra Province. The river buffer zone is a protected area that has important ecological functions but is under pressure due to the development of settlements, plantations, and infrastructure that do not align with its intended use. The method used is empirical legal research and case studies, focusing on the inventory of land ownership status and land utilization. The study results show that based on inventory data, there are still settlements established without ownership rights to the land, either in the form of land rights certificates, based on control status, found in the study area in Asahan Regency and Tanjung Balai City totaling 7344 plots, with land rights status or lease status, as well as based on the use and utilization of space, including: community settlements, government and non-government buildings, markets, public facilities, state-owned enterprise plantations, private and community plantations, as well as palm oil mills (PKS) and sand mines. There are conflicts of interest between environmental preservation, regional development interests, and community needs. This research recommends a multidisciplinary approach in reorganizing the river buffer zone, through strengthening regulations, law enforcement, community participation, and the application of incentive and disincentive systems to encourage land use that aligns with its ecological functions.
Implications of the Most Favoured Nation Principle in the Investment Law for National Economic Interests Triana Novitasari
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.v24i2.6400

Abstract

The Most Favoured Nation (MFN) principle is one of the basic principles of international agreements in regulating each WTO member with the aim of creating global economic liberalism. Indonesia is one of the developing countries that is a member of the WTO which automatically applies The Most Favoured Nation (MFN) principle and is one of the principles governing capital investment as stated in Law Number 25 of 2007 concerning Capital Investment. However, on the one hand, international agreements have their own polemics because in general many say they favor western countries (developed countries) and tend to be more detrimental to developing countries. In overcoming this situation, the middle path theory provides a view regarding Foreign Investment (PMA) which states that foreign investment has positive and negative impacts on economic development, especially for developing countries, so there is a need for a filter in applying The Most Favoured Nation (MFN) principle so that interests national economy continues to be achieved. In this writing, the author wants to analyze the role of the regime of Law Number 25 of 2007 concerning Investment in implementing The Most Favoured Nation (MFN) principle by focusing on what Indonesia should choose if there is a dilemma in choosing between upholding the principles of international agreements or interests. national economy in implementing foreign investment regulations.
The Effectiveness of the Notary's Role in the Inheritance Distribution Process in Society: A Comparative Study Between Batak Toba Customary Law and Civil Law Natasya Margaretha
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.v24i2.6401

Abstract

This paper aims to find out and analyze the role of notaries in the process of distributing inheritance to the community, especially to the Toba Batak Customary Law and Civil Law and how to implement the Toba Batak customary inheritance law itself to people living outside their customary territory. The inheritance system in the Batak Toba community adheres to a patrilineal system where children born in the Batak Toba tribe will inherit their fathers where the correct ones who are considered heirs are sons. Along with the development of the times, that the inheritance system in the Batak Toba community itself has changed, especially for urban communities where for urban communities the Batak Toba tribe follows the national law, namely the Civil Code, where the distribution of inheritance for boys and women will get the same share.
Prevention Of Personal Data Abuse In The Company's Deed Of Establishment On The Idx.com Website Thasya Novita Sigiro
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.v24i2.6404

Abstract

During the Initial Public Offering (IPO) process on the capital market, a company must submit a Prospectus to the Financial Services Authority (OJK), which is a document enabling potential investors to make well-informed decisions. The document is essential for adhering to the disclosure principle, which requires that all company information be disclosed to potential investors who wish to invest capital in the company. This study examines the potential for the misuse of personal information resulting from a lack of data review or censorship in the founding documents of a limited liability company, which is also detailed in the Prospectus hosted on the idx.com website, and outlines measures that can be implemented to prevent such data misuse. This paper argues for the censorship of the appearing party’s personal details, including address and National Idenitity Number, in order to prevent their misuse by other parties, as suggested by this research
Legal Certainty Of The Time Frame For The Issuance Of Electronic Mortgages Yossi Oktavia
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.v24i2.6408

Abstract

The mortgage right is the only guarantee institution for land rights, regulated in the Basic Agrarian Law (UUPA) of 1960 until the enactment of the Mortgage Law (UUHT) in 1996. Since then, there has been no new regulation at the level of law that specifically governs mortgage rights. In its development, the process of registering collateral, which was initially done manually, has now transformed into an electronic system, known as electronic collateral. Based on the UUHT, the issuance of mortgage rights is regulated on the seventh day after registration, and this also applies to electronic mortgage services. However, with the issuance of Government Regulation Number 18 of 2021, one of its articles stipulates that the issuance of the mortgage right can occur before the seventh day. The difference regarding the issuance time causes a lack of synchronization between the regulations governing the Mortgage Rights. This research uses a doctrinal method, which focuses on the analysis of statutory regulations. This paper will discuss the differences between manual and electronic mortgage registrations, as well as the legal certainty regarding the issuance period of electronic mortgages following the enactment of Government Regulation Number 18 of 2021.
Asas Oportunitas dalam Penegakan Hukum Pidana Korupsi: Studi Yuridis terhadap Kewenangan Jaksa Muhammad Kurniawan Budi Wibowo; Zaenal Mustofa; Aris Sunindyo; Agus Marzuki; Aditya Fajri Kurnia Pradana
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.v24i2.6410

Abstract

The principle of opportunity is a criminal law principle that gives prosecutors the authority not to continue prosecuting cases in the public interest. In Indonesia, although the legal system normatively adheres to the principle of legality, the practice of discretion by prosecutors in handling cases, including corruption, shows a tendency to apply the principle of opportunity which has not been strictly regulated. Corruption as an extraordinary crime demands strict, transparent and accountable law enforcement. However, the use of discretion by prosecutors in stopping corruption cases risks weakening public trust and opening up opportunities for abuse of authority. This research aims to juridically examine the position of the principle of opportunity in the Indonesian criminal law system and assess the prosecutor's authority in applying it in corruption cases. The research method used is normative juridical with statutory, conceptual, and comparative legal approaches. The results of the study show that there is a need for normative limits on the prosecutor's discretionary space, especially in corruption cases, as well as strengthening the external supervision mechanism. Comparative studies with countries such as the Netherlands and Japan show that the application of the principle of opportunity can be effective if supported by accountability and strict supervision. Therefore, legal policy reform in the form of codification of norms and transparency of law enforcement is an urgency in order to strengthen the integrity of the prosecutorial institution and the effectiveness of corruption eradication.
The Family Business And Inheritance Dispute : A Review Of Legal Solution In Kinship Corporations Zaini Munawir; Azwir Agus
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.v24i2.6413

Abstract

Family businesses play a significant role in the economy, especially in developing countries. However, the sustainability of these businesses is often disrupted by inheritance disputes that arise when the founder dies without a clear succession system. Such disputes not only affect business continuity, but also lead to disintegration in the kinship structure. This research aims to examine the legal solutions available in dealing with inheritance disputes in kinship-based family businesses (kinship corporation), as well as to offer relevant legal approaches to ensure the sustainability of family businesses. The research method used is normative juridical with statutory, conceptual, and case approaches. The data analysis technique is carried out qualitatively with prescriptive-analytical, to assess the effectiveness of legal norms in resolving internal conflicts of family businesses. The novelty of this research lies in the interdisciplinary approach that combines the perspectives of inheritance law, corporate law, and legal sociology to form a holistic dispute resolution framework in family corporations. The results show that the absence of a binding legal structure and formal succession mechanism is the main root of conflict. It is necessary to strengthen internal regulations (internal by-laws), family agreements, and create a more comprehensive legal framework to accommodate the problem of inheritance disputes in family businesses. The recommendation of this research is the establishment of a family governance framework in positive law that regulates succession and ownership portion, as well as strengthening the role of notaries in designing family agreements based on inheritance and corporate law.
Fulfillment of Child Support After Parental Divorce: A Comparison of Indonesia and Malaysia M. Alpi Syahrin; Hellen Last Fitriani; Muhammad Yusrizal Adi Syaputra
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.v24i2.6414

Abstract

Children's rights are an important part of internationally recognized human rights and are guaranteed by national laws, including in Indonesia. Fulfillment of children's rights involves the responsibilities of the government, society, and family, with a focus on civil rights, health, education, and children's participation. One of the main aspects of protecting children's rights is child support, which is the obligation of parents, especially fathers, both in marriage and after divorce. This study aims to analyze the fulfillment of child support after parental divorce from a comparative legal perspective between Indonesia and Malaysia. This study is a normative legal study with a conceptual, comparative, and legislative approach. The results of the study confirm that the comparison between Indonesia and Malaysia shows similarities in basic principles regarding the obligation of fathers to provide support, but there are differences in the law enforcement mechanism. In Malaysia, the sharia court system and the Family Support Agency (BSK) allow deductions from fathers' salaries to ensure payment of support, while in Indonesia, law enforcement depends on the judge's decision. Differences also lie in the position of Islamic law, where Malaysia makes Islam the official state religion, while Indonesia recognizes Islam as a source of legal values, but does not make it a formal state law. Nevertheless, both countries still prioritize the best interests of children in regulating custody and support after divorce.

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