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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 1,613 Documents
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Legal Certainty Of The Time Frame For The Issuance Of Electronic Mortgages Oktavia, Yossi
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 Munawir, Zaini; Agus, Azwir
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 Syahrin, M. Alpi; Hellen Last Fitriani; Syaputra, Muhammad Yusrizal Adi
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.
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 Asmuharto, Sabrina Permata
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; Widiyanto, Hari; 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.
POSISI PERJANJIAN NON-DISCLOSURE DAN KERAHASIAAN DALAM MELINDUNGI PRIVASI PASIEN DI KLINIK KECANTIKAN 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 Setiawan, Endrianto Bayu; 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 Lis Julianti; Subawa, Ida Bagus Gede; Sutrisni, Ni Komang
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.

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