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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 1,718 Documents
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The Problem of Legal Void and Government Indecisiveness Regarding Environmental Pollution and Damage by Coal Stockpiles Ahmad Redi
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.v24i2.6537

Abstract

Coal stockpile activities spread across various regions in Indonesia have caused serious environmental problems, especially related to air, water, and soil pollution. Although the impacts are real and ongoing, legal regulations for these activities are still tiniest, even showing a fairly crucial legal vacuum. The absence of specific regulations, binding technical standards, and overlapping authority between government agencies has resulted in weak supervision and law enforcement of coal stockpile business actors. This study uses a normative-empirical legal approach with a qualitative analysis method to examine the forms of legal vacuum in environmental management related to coal stockpiles and their implications for community and ecosystem protection. The research results indicate that comprehensive legal reform is needed, both through the formation of new regulations, strengthening the role of local governments, increasing law enforcement effectiveness, and actively involving the public in environmental supervision. The reform is crucial to realize sustainable and environmentally just mining governance.
The Legal Dynamics of the Transfer of Rights Over Undivided Inherited Land and the Legal Consequences on the Validity of the Sale and Purchase Deed Zulfikar Judge
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.v24i2.6538

Abstract

This study discusses the legal dynamics of the transfer of rights over undivided inherited land and the legal consequences on the validity of the Land Deed Official's (PPAT) Sale and Purchase Deed (AJB). In practice, the sale and purchase of undivided inherited land often leads to legal disputes due to the non-fulfillment of the legal requirements for agreements as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). A literature review of secondary data sources, such as laws, legal literature, and pertinent court rulings, is conducted using a normative research approach. According to the study's findings, contracts for the sale and purchase of undivided inherited land are legally void, thus heirs who incur losses may sue for annulment or seek damages. This study also emphasizes the importance of formal inheritance distribution and the role of the PPAT in ensuring the validity of transactions to prevent future disputes. Alternative dispute resolution through mediation is also considered an effective option for maintaining family relationship
Reformulasi Ekstradisi terhadap Kejahatan Lintas Batas Negara di Era Globalisasi (Studi Kasus Warga Negara Rakyat Republik Tiongkok dengan Taiwan) Yusuf Muhamad Said; Muannas Alaidid; Misbahul Huda; Dian Priheryanti Havid
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.v24i2.6540

Abstract

Indonesia's extradition laws, particularly Law No. 1 of 1979, face challenges in the globalization era, especially with cross-border crimes involving citizens from China and Taiwan. The current civil law and administrative procedure system allows for significant government subjectivity, unlike common law systems that prioritize due process and judicial decisions, where individuals can refuse extradition. This was evident in Indonesia's rejection of Taiwanese citizens' extradition to China and Hendra Rahardja's refusal from Australia, highlighting the need to curb politically motivated or unjust refusals. Therefore, reform of Extradition Law No. 1 of 1979, specifically Article 14, is crucial. This reform should enhance legal certainty, reduce subjectivity, and uphold national sovereignty and justice principles. It must also embrace a "living law" concept, aligning with societal values and ensuring practical benefits. Furthermore, Indonesia should actively champion an ASEAN extradition convention with common standards, particularly for sophisticated cybercrime, drawing inspiration from the European Union's model.
Urgency of Legal Regulation on Inventory Financing in Peer-to-Peer Lending to Provide Legal Protection for Lenders in Indonesia Faisal Santiago
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.v24i2.6542

Abstract

This study discusses the urgency of legal regulation of inventory financing in peer-to-peer (P2P) lending practices in Indonesia, especially in providing legal protection for lenders as lenders. Although P2P lending has been regulated in POJK No. 77/POJK.01/2016, there is no specific regulation governing inventory financing as a form of collateral, thus creating a legal vacuum that may cause risks and losses for lenders. The study uses a normative juridical method with a statutory and conceptual approach to analyze related legal aspects. The study results indicate the need for the formation of comprehensive regulations that regulate the mechanism for charging, recording, and executing inventory collateral, as well as strengthening the role of the Alternative Dispute Resolution Institution (LAPS) as an effective dispute resolution solution. Legal certainty is expected to increase lender trust, maintain the stability of the fintech platform, and encourage the growth of the national digital economy
Norm Formulation of Special Requirements for the Establishment of Houses of Worship in Indonesia (Analysis of Natural Law Theory and the concept of Local Wisdom) Supeno Supeno
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.v24i2.6549

Abstract

Since 2006, a Joint Decree of 2 (two) Ministers has beenenacted to regulate the establishment of houses ofworship in Indonesia, where one of the articles regulatesthe special requirements for the establishment of housesof worship, but the formulation of special requirementsfor the establishment of worship has caused variousprolonged horizontal conflicts in the midst of society soas to damage inter-religious harmony that has been wellmaintained, The purpose of this study is to examine theformulation of rules on special requirements for theestablishment of houses of worship associated withaspects of human rights and aspects of local wisdom, Theresearch method used is juridical-empirical researchusing socio-legal research approach, legislative approach,case approach and theoretical approach, after analysisusing the theory of natural law and the concept of localwisdom, the research results show that the formulationof norms on special requirements for the establishment ofhouses of worship is contrary to the basic principles ofhuman rights and contrary to the laws and regulationsin Indonesia, the formulation of special requirements isalso contrary to the concept of local wisdom of theIndonesian people as a reflection of the living law.
Informal Constitutional Change in Indonesia Wachid Nugroho; Satya Arinanto; John Pieris; Fauzan
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.v24i2.6550

Abstract

The interpretation of the constitution by the Constitutional Court marks the occurrence of informal changes to the constitution as a result of the dialectic between the constitutional document (the 1945 Constitution) and certain primary forces of constitutional change. This study employs four approaches: the conceptual approach, the statutory approach, the case approach, and the comparative approach. This study concludes that several articles in the 1945 Constitution, following the amendments, have changed ius constituendum, as the norms that apply as ius constitutum are those that have evolved through the method of constitutional interpretation by the Constitutional Court. It is this ius constitutum that functions as a quasi-constitution.
Reformulating the Policy of Chemical Castration for Child Sexual Offenders: Ensuring Legal Certainty for Medical Practitioners Zefanya Angelica Situmeang; Handar Subhandi Bakhtiar
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.v24i2.6556

Abstract

Chemical castration for perpetrators of sexual violence against children has been legalized through Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional sanction in the Indonesian criminal justice system. However, the implementation of this policy continues to spark debate, particularly in terms of medical professional ethics. This study aims to examine the differences in the application of chemical castration in Indonesia and several other countries, as well as to provide policy recommendations that ensure legal protection for medical personnel. The research method used is normative juridical with a comparative approach. The findings indicate that several countries have implemented chemical castration as a voluntary therapeutic measure with medical and psychiatric supervision. Therefore, a reformulation of chemical castration policy in Indonesia is necessary—one that emphasizes a therapeutic approach, ensures ethical and legal protection for doctors, and involves informed consent from the perpetrator.
The Provision of Licensed Financial Technology Lending From The Perspective of Cyber Law and Criminal Law in Indonesia Rizky Karo Karo; Teguh Prasetyo
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.v24i2.6559

Abstract

This study undertakes an examination of the enforcement of legal provisions pertaining to licensed Financial Technology (FinTech) Lending, specifically from the vantage point of cyber law and criminal law. Furthermore, this article aims to provide an analytical framework and to educate users of FinTech lending regarding the legal liabilities that arise under both cyber law and criminal law within this domain. This research employed a normative juridical approach. The study exclusively utilized secondary data, comprising the 1945 Constitution, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 regarding Information and Electronic Transactions (the ITE Law), and Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (IL 4/2023). This data underwent a qualitative analysis. FinTech lending providers bear criminal liability should they be found to have committed criminal acts under the Electronic Information and Transactions Law (UU ITE). It is therefore incumbent upon these providers to conduct their electronic operations in strict adherence to the principles of cyber law. Furthermore, the Financial Services Authority (OJK) is empowered to impose administrative sanctions upon FinTech lending providers proven to have misused personal data, in accordance with Indonesia Law Number 4 of 2023
Legal Foundation for the Establishment of General Procurement Guidelines for Goods and/or Services in Regional Government-Owned Enterprises (BUMD) to Realize Legal Certainty Anjas Mega Lestari; Budi Santoso; Amelia Sri Kusuma Dewi
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.v24i1.6561

Abstract

Regional Government-Owned Enterprises (BUMD) are established not only to develop regional economies but are also expected to meet community needs by providing goods or services according to the needs and characteristics of the respective regions while considering the potential of the region itself. To fulfill these objectives, BUMD are managed based on good corporate governance principles, and in running their business and supporting operations, they cannot be separated from activities to procure goods and services. This research is compiled to analyze the legal foundation for establishing general procurement guidelines for goods and/or services in BUMD to realize legal certainty. This research concludes that the regulation of general procurement guidelines for goods/services in BUMD is urgently needed. The need for such regulation is based on philosophical, juridical, sociological, political, ecological, economic, and cultural arguments, so that with the existence of guidelines from the central government, it is expected that the implementation of procurement of goods and services in BUMD can be realized in accordance with the purpose of its establishment and to end regulatory disharmony at the regional level so that legal certainty can be achieved.
State Responsibility for Fulfilling the Right to Basic Education Facilities Based on Human Rights Henry Marijes Sopacua
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.v24i2.6563

Abstract

Basic education is a fundamental and non-negotiable human right. This right is universally recognized by various national and international legal instruments, including the 1945 Constitution, ICESCR and CRC. The state has the primary obligation to respect, protect and fulfill the right to basic education, including in terms of providing educational facilities. This study aims to examine the form of state responsibility in fulfilling the right to basic education facilities from a human rights perspective, and to analyze the factors that influence it. The research method used is normative juridical with a qualitative approach to legislation, international legal documents, and academic literature related to human rights and education. The results show that despite the existence of a fairly strong legal framework, the implementation of state responsibility still faces various obstacles. The inhibiting factors include the vagueness of legal norms related to the definition of adequate education facilities, inequality in the distribution of education budgets, geographical challenges in remote areas, local social and cultural values, and weak governance and inter-agency coordination.

Page 139 of 172 | Total Record : 1718

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