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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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Analysis Of Electronic Credit Agreements Related To Peer-To-Peer Lending Signed Electronically Using The Director's Personal E-sign Account Without An Electronic Seal Sabrina Permata Asmuharto
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.v24i2.6415

Abstract

Peer-to-peer lending (hereinafter referred to as "P2P Lending") is the provision of funding services that brings together lenders and borrowers through an internet-based electronic system. Since it was officially regulated in Indonesia at the end of 2016, the use of P2P Lending has continued to grow rapidly and has become an important part of the financing ecosystem in Indonesia. Until early 2025, the amount of debt Indonesian citizens obtained through P2P Lending platforms was recorded to have increased significantly to reach trillions of rupiah. In the implementation of P2P Lending, Article 154 of the Financial Services Authority Regulation Number 40 of 2024 on Information Technology-Based Joint Funding Services stipulates that credit agreements between the lender and borrower must be signed electronically. An electronic signature ("E-sign") serves to guarantee the identity, integrity, and non-repudiation of the agreement. Further on the legal developments, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, which is strengthened by Law Number 1 of 2024 concerning the Sec ond Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions introduces the concept of an electronic seal. This electronic seal serves to guarantee the origin, integrity, and completeness of electronic information or documents, specifically those used by business entities or institutions. Based on these developments, this study seeks to examine the impact of not using an electronic seal in a P2P Lending credit agreement, especially in cases where the recipient of funds and/or the lender is a business entity, and the agreement is only signed using the Director's personal E-sign account. This study uses a normative legal method with a statutory approach, to analyze: (1) the validity of P2P Lending credit agreements without electronic seals, and (2) the evidentiary power of the credit agreement, especially in the event of a dispute between the lender and the borrower.
Construction of Professional Zakat in the Perspective of Islamic Law: Orientation and Formulation Fathudin; Ridwan; Syufaat; Hari Widiyanto; Saifudin
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.v24i2.6416

Abstract

Professional zakat, as a crucial instrument in Islamic economics, has experienced significant development alongside the increasingly complex dynamics of modern society. This study aims to analyze the legal construction of professional zakat through the maqashid shariah approach and to examine the formulation of policies and calculation mechanisms of professional zakat within the Indonesian legal system. The findings indicate that professional zakat has a strong normative foundation based on the method of analogy (qiyas syabah) to zakat on gold and agricultural produce, which is subsequently implemented in national regulations such as Law No. 23 of 2011 and the Indonesian Ulama Council’s fatwa. However, the implementation of professional zakat faces various challenges, particularly related to public awareness and structural obstacles in zakat management. This study emphasizes the importance of strengthening professional zakat literacy and integrating technology into zakat collection systems to enhance the effectiveness of professional zakat as a tool for empowering the Muslim community’s economy.
Harmonizing the Legality of Nominee Agreements with Corporate Law in Indonesia Iin Indriani; Ema Farida
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.v24i2.6424

Abstract

The business process of development that occurs in Indonesia is increasingly marked by the rampant implementation of nominee agreements to form Limited Liability Companies (PT), especially carried out by foreign parties who want to avoid restrictions on share ownership. Although contractually nominee agreements can be categorized as agreements that are appropriate to meet the legal requirements as stipulated in Article 1320 of the Civil Code. However, substantially, its existence is contrary to the principles and provisions of corporate law, especially in Law Number 40 of 2007 concerning Limited Liability Companies. This study aims to analyze the legal disharmony between the legality of agreements according to civil law and the principle of legality of establishment and ownership of shares in company law. This research uses normative juridical methods with laws and regulations, conceptual, and case study approaches. The results of the study show that the nominee agreement creates legal ambiguity that has the potential to harm the legal interests of the parties and weaken the integrity of the national legal system. Therefore, synchronization between the two needs to be done. This synchronization can be done through strengthening supervision, enforcing the principle of transparency, and harmonizing regulations across sectors.
The Position of Non-Disclosure and Confidentiality Agreement, in Protecting Patient Privacy at a Beauty Clinic Cokorda Gede Swetasoma
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.v24i2.6428

Abstract

Services at beauty clinics are carried out by the professionals with expertise in the field of medical skin care and beauty. In order to promote the products and services provided, these clinics carry out promotions both through social and electronic media. Therefore, it is possible that the beauty clinics will display photos or videos of patients for promotion. This will be a problem related to the law if the patient himself does not want his information to be used in promotional tools. There are even health workers at a beauty clinic who publish the public figure without permission. In this study, professional ethics will be discussed as the basis for protecting patient privacy, the Non-disclosure Agreement and Confidentiality Agreement in the Indonesian Civil Code as well as the Non-disclosure Agreement and Confidentiality Agreement to Maintain the Confidentiality of Patient Information. Professional ethics is actually the basis for protecting patient privacy. Patient confidentiality is a part of company confidentiality where the company can make a non-disclosure agreement that applies to clinic workers and partners of the beauty clinics. Confidentiality regulated in the confidentiality agreement does not only relate to the company's trade secrets but includes the confidentiality of patient information which is part of patient privacy information
Reassessing Sovereignty and Sustainability in Nickel Downstreaming: An Economic Analysis of Indonesia’s Legal Framework Endrianto Bayu Setiawan; Imam Koeswahyono; Indah Dwi Qurbani
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.v24i1.6431

Abstract

Indonesia possesses the world’s largest nickel reserves, positioning the commodity as a key strategic natural resource—often classified as a critical mineral. Based on Article 33 of the 1945 Constitution, the governance of natural resources, including nickel, must be carried out fairly and sustainably to benefit the people's welfare. The policy of nickel downstreaming, particularly through the development of smelter industries, represents one expression of state sovereignty over natural wealth. Nonetheless, the execution of this policy presents several challenges, including environmental degradation, unequal distribution of economic gains, and reliance on non-renewable, polluting energy sources like coal. This study adopts an economic analysis of law framework to evaluate the efficiency and effectiveness of Indonesia’s nickel downstreaming regulations. Using a normative juridical method with statutory and conceptual approaches, the research finds that although current regulations formally demonstrate state sovereignty, they fall short in upholding the constitutional principles of sustainability and social justice. The policy has, in practice, led to environmental harm and socio-economic disparities among impacted communities. From an economic analysis of law perspective, the downstreaming strategy has yet to achieve optimal economic efficiency, fair benefit distribution, and proper handling of negative externalities. As such, regulatory reform is essential to ensure legal certainty, promote environmental preservation, and reinforce social welfare through mining downstream policies, including those related to nickel.
Combating Drug Abuse through Rehabilitation for Foreign Nationals with the SMART Method (Self-Management and Recovery Training) at the Drug Rehabilitation Foundation in Denpasar City Subawa, Ida Bagus Gede; Sutrisni, Ni Komang; Lis Julianti
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.v24i2.6442

Abstract

Drug abuse is a serious problem faced by many countries, including Indonesia. To overcome this problem, the Indonesian government provides rehabilitation sanctions for drug users, including foreign citizens living in Indonesia. This research aims to analyze the regulation of drug rehabilitation for foreign nationals in criminal acts of drug abuse in Denpasar City and this research also highlights the importance of the Self Management and Recovery Training (SMART) method as an effective solution in the rehabilitation of foreign nationals caught in drug abuse in Indonesia. The research method used is empirical legal research with a critical qualitative approach. The data collection technique was carried out by interviews where informants were selected purposively. Data processing analysis techniques are carried out in a qualitative descriptive manner. The research results show that foreign citizens involved in drug abuse crimes in Denpasar City can undergo the same rehabilitation program as Indonesian citizens. This process begins with applying to local authorities, such as the police or authorized agencies. However, rehabilitation policies for foreign nationals depend on various factors, including the severity of the offense and whether they are willing to cooperate with authorities, and drug rehabilitation for foreign nationals is important. The SMART method is an effective rehabilitation method for foreign nationals because this program can be adapted to different individual needs, languages, and cultures. This program also emphasizes individual responsibility in the recovery process, so that it can help individuals to build a better sense of self-confidence and self-control.
Legal Consequences of Electronic Trial at the State Administrative Court Dezonda Rosiana Pattipawae
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.v24i2.6445

Abstract

Electronic trials apply a series of actions using the sophistication of digital technology ranging from complaint services to the trial process. The pattern of electronic trials is problematic because the electronic trial system can experience obstacles originating from network devices or internet network systems. In this study, a normative legal approach or library law is also used, namely legal research conducted by examining library materials or secondary data. Research or normative legal literature includes the legal force of electronic trials in state administrative courts, and the legal consequences if electronic trials are not held. Based on this research, it can be concluded that if the trial is not carried out, the trial process can be considered invalid or not in accordance with procedures. This can result in the verdict taken in the electronic trial being null and void which results in the electronic trial being transferred to a conventional trial.
Juli Legality And Accountability Of The Process Of Destruction Of Evidence Of Illegal Fishing With The Involvement Of A Notary: Legality And Accountability Of The Process Of Destruction Of Evidence Of Illegal Fishing With The Involvement Of A Notary Juli Moertiono
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.v24i2.6448

Abstract

The destruction of evidence in illegal fishing cases is an important step in law enforcement to ensure that evidence is not misused and in accordance with the provisions of the law. This article discusses the legality and accountability of the process of destroying illegal fishing evidence by highlighting the role of notaries as authorized public officials. This study uses a juridical-normative approach with literature analysis of relevant regulations. The results of the study show that the involvement of notaries contributes significantly to supporting legal transparency and accountability. More specific regulations are needed to increase synergy between notaries and law enforcement agencies in the process of destroying evidence. The destruction of evidence in illegal fishing cases is a very important step in law enforcement to prevent the misuse of evidence and ensure that the legal process runs in accordance with the provisions of the law. Evidence of illegal fishing, such as illegally caught fish, prohibited fishing gear, or boats, often has high economic value and has the potential to cause greater losses if not managed properly. Therefore, the process of destroying evidence not only requires strict supervision, but must also be carried out with valid documentation to provide legal certainty. However, the results of the study also show a number of challenges in practice, including the lack of specific regulations that regulate the involvement of notaries in detail in illegal fishing cases. Therefore, it is necessary to strengthen regulations to increase synergy between notaries and law enforcement agencies, such as the police and prosecutor's office, to ensure that the process of destroying evidence is carried out legally, transparently, and accountably.
Public Service Innovation in Public Administration: Case Analysis of E-Government Implementation in Surabaya City Government Suhardoyo; Meithiana Indrasari; Safutra Rantona; Ike Devi Sulistyaningtyas; Tito Rachmanto
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.v24i2.6450

Abstract

The implementation of e-government has emerged as a critical catalyst for public service innovation, with the primary goals of enhancing efficiency, transparency, and citizen participation in public administration. This qualitative case study explores the e-government initiatives implemented by the Surabaya City Government, establishing Surabaya as a leader in digital governance within Indonesia. Despite the global and national focus on e-government systems, a substantial research gap persists in understanding the specific challenges and outcomes faced by local governments, particularly within Indonesia's socio-political framework. Employing qualitative methods, such as in-depth interviews with government officials and citizens, this study analyzes the implementation strategies, the impact on public service delivery, and the influence of government officials, technological infrastructure, and organizational culture on the success of e-government. The findings indicate that while e-government has enhanced administrative efficiency and service accessibility, significant challenges, including digital literacy, infrastructural limitations, and political resistance, remain. Additionally, although citizen engagement has improved, certain population segments continue to face barriers due to the digital divide. This research advances the existing literature by providing a detailed examination of local e-government implementation and offering practical recommendations for overcoming challenges in similar settings.
Judge's Reasoning in Determining Environmental Restoration Losses in Unlawful Acts in Forest Fire Cases (Examination of Decision Number 108/Pdt.G/2015/PN.Jkt.Utr.) Hera Alvina; Ikhsan Wahyudi; Nathania Permata S; Farhan; Yudi Pratama
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.v24i2.6451

Abstract

Forest and land fires in Indonesia have become a persistent and complex legal issue, particularly concerning the determination of environmental losses and the effectiveness of compensation mechanisms for restoration. This article examines the legal reasoning employed by judges in determining environmental restoration losses in civil cases concerning forest fires. The main issues addressed in this research are the basis of judicial reasoning in establishing the value of environmental damages and the extent to which environmental restoration methods can be recognized as a form of legal compensation. The objective of this study is to evaluate and critique the legal logic and approaches adopted by judges in case number 108/Pdt.G/2015/PN.Jkt.Utr., as well as to formulate future standards for assessing environmental losses. This research utilizes a normative juridical method with both case and conceptual approaches. Data were collected through literature review and legal documents, and subsequently analyzed qualitatively. The findings indicate that judges still face challenges in determining the value of environmental losses due to the absence of established ecological valuation standards. This research contributes to strengthening the paradigm of restoration-based environmental law and encourages the development of more comprehensive ecological valuation methods.

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