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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 1,717 Documents
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Evaluating Sharia Compliance in the Validity of AI-Driven Digital Financial Products in Islamic Banking Atin Meriati Isnani; Ahmad Rifai
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6534

Abstract

The development of digital technology and artificial intelligence (AI) has driven innovation in the banking sector, including Islamic banking. Digital transformation provides easy access and efficiency of services, but raises new challenges related to compliance with Islamic principles. This study aims to analyze Islamic compliance with AI-based Islamic banking digital products using a normative legal approach. This approach includes a review of national regulations and applicable Islamic legal principles. The results of the study show that Indonesia already has a sufficient legal basis for digital banking through OJK regulations, and is supported by progressive fatwas from the National Sharia Council-MUI (DSN-MUI) regarding products such as Islamic electronic money, Islamic fintech lending, and Islamic crowdfunding, which are declared permissible as long as they comply with Islamic principles. However, there are still challenges because not all DSN-MUI fatwas are effectively integrated into the technical regulations of the financial authorities. The use of AI in Islamic banking has the potential to increase the efficiency and accuracy of compliance with Islamic principles, such as in the detection of usury and gharar, but also raises ethical issues such as algorithmic bias, transparency, data privacy, and the requirement for customer consent. In conclusion, the validity of Islamic digital products is highly dependent on compliance with formalized Islamic principles. Harmonization between technological innovation and the Islamic legal framework is needed, including accelerating special regulations, strengthening the supervisory role of the DPS, and preparing AI ethical guidelines for Islamic financial institutions.
Implementasi Kebijakan Pengembangan Desa Wisata Bumiaji Kecamatan Bumiaji Kota Batu Dyah Nur Aini Salsabila; Sumartono; Choirul Saleh
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.6546

Abstract

Kebijakan pengembangan desa wisata di Desa Bumiaji berlandaskan pada Peraturan Desa Nomor 10 Tahun 2006 tentang Penetapan Desa Bumiaji Sebagai Desa Wisata. Penelitian ini bertujuan untuk mengetahui dan menganalisis proses implementasi kebijakan pengembangan desa wisata di Desa Bumiaji, Kota Batu. Jenis penelitian ini deskriptif dengan pendekatan kualitatif. Penelitian ini berfokus menganalisis proses implementasi kebijakan pengembangan desa wisata di Desa Bumiaji Kota Batu yang ditinjau dari model implementasi kebijakan Merilee S. Grindle (1980). Data diperoleh melalui wawancara, observasi, dan dokumentasi yang melibatkan aktor-aktor utama seperti Sekretaris Desa Bumiaji, Direktur BUMDes, anggota Pokdarwis, Pegawai Dinas Pariwisata Kota Batu, dan masyarakat lokal. Hasil penelitian menunjukkan bahwa implementasi kebijakan ini berdampak positif terhadap peningkatan ekonomi lokal melalui pengembangan agrowisata, wisata alam, UMKM, dan homestay. Keberhasilan implementasi didorong oleh sinergi antar pemangku kepentingan dan partisipasi aktif masyarakat. Namun, beberapa kendala masih dihadapi, seperti keterbatasan sumber daya manusia dalam pemasaran digital, efektivitas dalam komunikasi dan koordinasi, serta belum adanya landasan hukum yang jelas di tingkat kota untuk desa wisata. Kendati demikian, tingkat penerimaan masyarakat terhadap kebijakan ini cukup tinggi karena adanya manfaat nyata berupa peningkatan pendapatan dan terbukanya lapangan kerja baru. Oleh karena itu, diperlukan pelatihan digital, pendampingan berkelanjutan dan perbaikan komunikasi internal untuk mengoptimalkan potensi desa, serta pengesahan RIPPARDA sebagai landasan hukum pengelolaan pariwisata yang terstruktur dan berkelanjutan di Kota Batu. Implementasi Kebijakan, Desa Wisata, Ekonomi Lokal
Legal Aspects of Transforming Videos into Non-Fungible Tokens (NFT) Based on Copyright Law No. 28 of 2014 Kelvin Febrian Siga Sari Febrian; Kadek Julia Mahadewi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.6555

Abstract

The main objective of this paper is to analyze in depth the video transformed into non-fungible token (NFT) in the context of copyright protection as regulated in Copyright Law No. 28 of 2014. The focus of the discussion is directed at how the process of transforming a video into NFT can be qualified as a form of format change that is recognized as a new creation based on applicable legal provisions, especially Article 40 paragraph (1) letter n of the Copyright Law. This study uses a normative legal research method, which is based on an analysis of applicable written legal norms. The approach used is a conceptual and legislative approach, by examining the provisions in relevant laws and regulations, especially the Law. The results of this study indicate that a video transformed into an NFT is a form of legally valid transformed work and automatically obtains copyright protection. This protection is important to ensure that video creators retain exclusive rights to their work, even though it has undergone a format change. To strengthen legal protection, creators can register their NFT video works, so that their legal status becomes clearer. In the event of use of a work by another party without permission, especially for commercial purposes, the creator or copyright holder has the right to take legal steps, including reporting the violation to the relevant authorities for appropriate law enforcement processes.
The Political Communication Style of Gibran Toward First-Time Generation Z Voters on Social Media: A Framing Analysis of Diction Aligned with Youth Preferences Ade Rachmat Yudiyanto; Hasrat Efendi Samosir; Katimin
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.v24i1.6575

Abstract

This research aims to analyze Gibran Rakabuming Raka's political communication style to Generation Z first-time voters on social media with a framing analysis approach. As a young politician, Gibran utilizes platforms such as TikTok and Instagram to form a more casual, familiar, and relatable political image for young people. Through the use of popular diction such as "bro," "santuy," and "gaskeun," Gibran manages to create the impression of a figure close to young people, while still focusing on relevant political issues. The results showed that visual framing strategies and slang proved effective in attracting Generation Z's attention, but also had the risk of reducing politicians' credibility in the eyes of other audiences. In addition, the use of political gimmicks based on humor and popular culture further strengthens the appeal of Gibran's content on social media, as evidenced by the increase in the number of followers and audience engagement during the campaign period. Therefore, Gibran maintains a balance between casual style and data-driven messaging to remain relevant and credible in the eyes of all voter segments.
Implementation of Law Enforcement against Corporations and the Challenges of Law No. 1 Year 2023 Parningotan Malau
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6602

Abstract

This research aims to examine the recognition and application of criminal liability of corporations in the Indonesian criminal law system, especially as regulated in the National Criminal Code (KUHP) which was recently enacted through Law Number 1 of 2023. The research method used is normative juridical with a qualitative approach, which focuses on analysing positive legal provisions and legal doctrines related to corporate criminal liability. The results show that the recognition of corporations as subjects of criminal law is a progressive step in answering the challenges of modern crimes involving business entities. However, there are still various implemented obstacles, such as interpretative lacunae, weak deterrent effects from sanctions, and the dominance of political-economic interests in law enforcement. Therefore, comprehensive legal reformulation and harmonization between laws and regulations are needed to strengthen effectiveness and justice in corporate punishment in Indonesia
Legal Aspects of Determination of Tax Collection on Land and Building Rights Acquisition in Jayapura Regency Eddy Pelupessy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.6617

Abstract

This study aims to examine the implementation of the collection of Land and Building Acquisition Tax in Jayapura Regency. To examine the obstacles that arise in the implementation of the collection of Land and Building Acquisition Tax in Jayapura Regency. The research method is sociological juridical, namely a legal research approach that examines law not only as a formal rule, but also as a social phenomenon that has an influence and is influenced by society. This approach uses qualitative research methods, such as interviews and observations, to understand how the law is applied and how society interacts with the law. The results of this study reveal that the implementation of the collection of Land and Building Acquisition Tax in Jayapura Regency is when there is a transfer of land and building rights due to a sale and purchase with a transaction value lower than the market price, the transaction value will be determined by DPPKAD officers based on the market price and a survey of the relevant taxable object, whereas the provisions of Article 87 paragraph 2 of Law Number 28 of 2009 and Article 7 of Jayapura Regency Regional Regulation Number 2 of 2011 state that the basis for imposing BPHTB tax on the acquisition of sale and purchase rights with a transaction value lower than the market price, then the basis for imposing BPHTB tax is the Taxable Object Sales Value (NJOP) of Land and Building Tax.
Resolution of Traditional Land Disputes Between PT. Nabire Baru and The Customary Community of The Waoha Tribe in Sima Village Yaur District Nabire Regency Daniel Tanati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i002.6619

Abstract

This study aims to determine the factors that cause customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency and to determine how to resolve customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency. The approach method used in this study is the normative and empirical legal approach method, namely an approach that refers to laws, literature, written regulations or other secondary legal materials, to see how it is applied through field research or the reality that occurs at the research location so that the author obtains clarity about the matter being studied. The results of this study reveal that the factors that cause customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency are caused by three things, namely: first, the oddity in the process of changing the designation of the Yaur District forest area; second, irregularities in the acquisition of oil palm plantation land by PT. Nabire Baru and the third result of the land dispute lawsuit and the method of resolving the customary land dispute between PT. Nabire Baru and the Waoha Tribe indigenous community, Sima Village, Yaur District, Nabire Regency has entered the National Human Rights Commission's Inquiry on the Rights of Indigenous Peoples over their territory in the Forest Area, as can be seen from the recommendation issued on December 10, 2015, signed by a member of the National Human Rights Commission, M. Imdadun Rahmat, containing 4 points to be responded to positively by the Regent of West Sumbawa, as a form of effort to protect and fulfill the Human Rights of the indigenous people of Sima Village.
The Validity Of Notary's Testamentary Grant Deed To Adopted Children In The Perspective Of Islamic Inheritance Law Dedi; Abu Syhabudin; Siti Ropiah; Syafi'i; A. Nururrochman Hidayatulloh
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6624

Abstract

In Indonesian legal practice, the granting of assets to adopted children through testamentary grants often causes debate due to differences in views between Islamic law and civil law. Adopted children are not considered as heirs in the perspective of sharia, but positive law allows such granting through a testamentary grant deed made by a notary. This study is conducted with a normative legal research method using statutory and conceptual approaches. The aim is to understand the extent to which a deed of testamentary grant to an adopted child can be considered valid under national law as well as in accordance with sharia principles. The results of the analysis show that the testamentary grant deed made by a notary is formally valid according to the Civil Code and the Notary Office Law because it fulfills the elements of an authentic deed and has perfect evidentiary power. However, in the Islamic inheritance law system formulated in the Compilation of Islamic Law (KHI), gifts to adopted children are limited through the mechanism of compulsory testament, which is a maximum of only one third of the inheritance and must not harm the absolute rights of legal heirs. If the gift exceeds this limit or is made without the consent of the heirs, the religious court has the authority to cancel the deed. This disharmony creates a conflict of norms that results in legal uncertainty. Therefore, normative integration is needed to ensure that the testamentary grant deed is legally, socially and shar'i acceptable.
Legal Protection of the Rights and Obligations of Workers from the Perspective of Law Number 13 of 2003 concerning Manpower Sobardo Hamonangan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i002.6628

Abstract

The purpose of this study is to determine and analyze employment contracts in the field of employment law and to analyze the legal protection of workers' rights and obligations based on Law Number 13 of 2003 concerning Employment. This research method uses qualitative methodology with descriptive research design. Furthermore, this study reveals that employment law will always be related to the protection of workers' rights and obligations. In the field of employment law, an employment contract is defined as a written agreement between workers and employers that regulates various aspects of their employment relationship. This contract serves as a legal framework that protects the rights and obligations of both parties. Legal protection is an effort to maintain the dignity of human subjects of law in accordance with applicable laws and regulations, both in the form of policies and regulations that can protect something from other threats. The rights and responsibilities between the parties are interrelated, where one right has implications for the obligations of the other party.
Resolution of Judge's Ethical Violations by the Judicial Honorary Council in the Perspective of the Joint Regulation of the Judicial Commission and the Supreme Court M. Martindo Merta; Febrian Febrian; Iza Rumestan
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.v24i1.6642

Abstract

This paper examines the role of the Judicial Honorary Council (MKH) in supervising judges' ethics in Indonesia, within the framework of the joint regulation between the Judicial Commission and the Supreme Court. The establishment of the Judicial Commission in 1999 marked a crucial step in addressing the need for independent external supervision of the judiciary, aimed at ensuring a transparent, fair, and professional judicial system. The paper highlights the significant role of the Judicial Commission in monitoring judges' behavior, proposing the appointment of judges, and enforcing the Code of Ethics and Judicial Conduct Guidelines. However, despite its mandate, the Judicial Commission’s recommendations often face non-compliance from the Supreme Court, particularly regarding technical judicial violations. The Judicial Honorary Council, as part of the Supreme Court's internal supervisory mechanism, plays a pivotal role in processing violations committed by judges. This research identifies the challenges faced by MKH in enforcing the code of ethics, such as indecisiveness, potential conflicts of interest, and inadequate follow-up on recommendations. These challenges undermine the effectiveness of the supervision system, highlighting the need for improved coordination and clearer delineation of authority between the Judicial Commission and the Supreme Court. The paper also emphasizes the importance of strengthening the collaboration between these two institutions to ensure a consistent and effective judicial supervision system. Through an in-depth legal analysis, the study concludes that enhancing transparency, accountability, and objectivity in the supervision process is essential for fostering public trust in the Indonesian judicial system.

Page 156 of 172 | Total Record : 1717

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