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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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Harmonization Between Sharia Economic Law and Land Law in Home Financing Credit with the Musharakah Mutanaqishah Agreement at Bank Muamalat Indonesia Surabaya abdul wahab
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.6133

Abstract

The high rate of population growth that is not accompanied by an increase in the availability of houses will cause a backlog. Islamic banks offer home ownership financing solutions (KPR) with a Musharakah mutanaqisah contract, namely financing based on the musharakah principle, namely: Shirkahal-'inan in which the share of one sharik capital is reduced due to gradual commercial transfers to customers. In practice, the application of the Mutanaqishah musharakah contract leaves a problem in the form of naming the certificate on behalf of the customer, even though the house is still jointly owned. This research is a field research. The data were collected through interviews and document review, then analyzed descriptively qualitatively by Hubermenand Miles model. The results show that the naming of the customer's name on the certificate aims to simplify the process at the National Land Agency (BPN), Islamic banks and customers bind a new agreement on this matter. with the aim of finding a way out of a contract justified by shara'. The agreement namely tawatu, becomes a unity of several pre-existing contracts and promises, with the aim of carrying out what they want together. Tawatu' is also in line with the Civil Code regarding agreements. Tawatu' is a solution for harmonization between Syaria'h Economic Law and Land Law for Islamic banks for further development.
Application of Bankruptcy Principles and Principles in the Decision of a Special Judge (Ad Hoc) Commercial Court According to Law Number 37 Of 2004 Lie, Gunardi; Shasmita, Sylvia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Commercial Court, Cassation, and Judicial Review judges set legal principles and uphold justice. Their bankruptcy decisions should be fair and certain, giving all parties legal advantages. Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations is one bankruptcy judge's instrument. Thus, understanding Indonesian commercial court verdicts' legal grounds and how judges use certainty, fairness, and legal expediency is crucial. The subject is examined using a juridical-descriptive-analytical methodology based on Makassar, Medan, Surabaya, Semarang, and Jakarta commercial court cases. Cluster and stratified sampling, descriptive quantitative data tabulation, qualitative analysis, and interviews have shown three judge-used legal reasoning processes. Inductive patterns oriented to legal expediency by Supreme Court Judges at the Judicial Review level; deductive syllogism patterns oriented to legal certainty by Judex Facti judges in the Commercial Court (level I); and deductive patterns oriented to legal justice by Judex Yuris at the Cassation level. Indonesian commercial court judges apply certainty, fairness, and expediency: First, the legal principles and principles applied in the decision of the first instance judge of the Commercial Court (legal certainty) are debt requirements; bankruptcy decisions cannot be imposed on solvent debtors; bankruptcy decisions must be approved by the majority of creditors; silence; recognition of the separatist rights of creditors holding security rights; the bankruptcy decision process is short and open. Second, Supreme Court justices at the Cassation level use the following legal concepts (legal justice): balance, fairness, potential debtor debt restructuring, parity creditorium, pari passu prorate, and structural creditors. Third, the Supreme Court's Judicial Review judges apply the legal expediency principles of business continuity, integration, encouraging investment and business, providing benefits and protection, bankrupt company management must be personally liable, harming bankruptcy property as a criminal offense, debt collection, debt pooling, debt forgiveness, universal, and territorial
Legal Justice in Returning Losses to Victims of Illegal Investment Criminal Acts Santoso, Bambang; Arifin, Muhammad; Ramlan, Ramlan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Regarding Legal Justice in Restitution of Victims of Criminal Acts, further provisions regarding the procedure for carrying out conditional sentences (voorwaardelijke veroordeling) are regulated in Article 276 of the Criminal Procedure Code which states: "In the event that the court imposes a conditional sentence, its implementation shall be carried out with serious supervision and observation and in accordance with the provisions of the Law." According to Muladi, conditional sentences (voorwaardelijke veroordeling) are a form of humane criminal law, namely by prioritizing prevention, not only oriented towards actions but also towards people who commit crimes, which are tat-tatterstrafrecht, placing social welfare as the ultimate goal, oriented towards the future. The mechanism for applying compensation is also regulated in Article 275 of the Criminal Code which states: "If more than one person is convicted in one case, then the court costs and/or compensation as referred to in Article 274 shall be borne by them jointly in equal proportions". The explanation is explained as follows “Because the defendants in the case referred to in this article are jointly sentenced because they are accused of committing a crime in one case, it is reasonable if the court costs and/or compensation are borne jointly in equal proportions
The Role of the Constitutional Court in Realizing Dignified Justice: A Constitutional Law Perspective Latif, Abdul; Sangga, Amin; Thahir; Suaib; Jalil
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.6152

Abstract

This research is a normative legal study with a conceptual and legislative approach. The research results show that the role of the Constitutional Court in Indonesia in realizing dignified justice can be carried out by using the theory of dignified justice in the efforts of the Constitutional Court judges to interpret the constitution. The efforts of the Constitutional Court judges to interpret the constitution based on dignified justice are aimed at ensuring that substantive justice can be realized for the community. The role and orientation of the Constitutional Court's authority from the perspective of constitutional law can be seen in the efforts of the Constitutional Court judges to optimize the Court's authority through constitutional interpretation. In this context, both judicial restraint and judicial activism play important roles in the development of law and the enforcement of justice, and their application often depends on the specific context of each case
Implementation of the Governor's Functions and Authorities in the Implementation of Government Nasution, Mirza; Munte, Herdi
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.v24i1.6153

Abstract

This study uses a normative legal research method with legislative, conceptual, and historical approaches through library research, as well as qualitative analysis of primary, secondary, and tertiary legal materials. The research results indicate that the Governor's functions and authority as the head of the region and representative of the central government at the provincial level reflect a strategic role in managing government, administering regional affairs based on the principle of autonomy, and overseeing national policies in the region. The Governor must align national policies with local needs, ensure the effectiveness of development programs, and bridge conflicts between regions. However, challenges such as imbalance in roles, complexity in intergovernmental relationships, and limitations in institutional and regulatory frameworks require strengthening institutional capacity and regulatory harmonization. In building synergy between the central and regional governments, the Governor plays an important role in facilitating cross-regional coordination, resolving conflicts of interest between regions, and maintaining alignment between central and regional development planning, so the success of decentralization and regional autonomy heavily depends on the Governor's ability to build effective communication and collaboration across different levels of government
The Business Crime In The Use of Foreign Labor in Indonesia Perspective of People Smuggling Zulyadi, Rizkan; Mulyadi , Mahmud
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.v24i1.6154

Abstract

The purpose of this study is to analyze the legal regulations in Indonesia regarding the use of foreign workers in connection with the criminal offense of human smuggling, as well as to examine the enforcement of the law against business actors who illegally employ foreign workers from the perspective of human smuggling. This research uses a normative legal approach by reviewing legislation, court decisions, and legal doctrines through statutory, case, and conceptual approaches, along with library research techniques and descriptive-analytical qualitative data analysis. The findings indicate that legal regulations in Indonesia concerning the use of foreign workers linked to human smuggling are covered by various laws such as the Manpower Act, the Immigration Act, and the Anti-Trafficking Law (UU TPPO), but remain partial and do not explicitly regulate smuggling in the context of corporations as perpetrators, which hinders legal enforcement. Law enforcement against such business crimes still faces multiple obstacles, such as weak legal frameworks, operational modes disguised as legal recruitment, limited understanding among law enforcement officials regarding transnational crimes, and the suboptimal implementation of corporate criminal liability, resulting in many cases ending only in administrative sanctions such as deportation, without significant deterrent effects
The Role of Islamic Law in Increasing Public Understanding of Islamic Values in Sharia Banks munawaroh; Nurhayati; Sri Sudiarti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Understanding Islamic law is something that is often seen in implementing an existing contract in Islamic banks or Islamic financial institutions. But currently, many people do not understand this matter. Therefore, from these problems, the researcher wanted to test the variables of Islamic Law Understanding (X1), Islamic Economic Literacy (X2) and Religisutas (X3) on the Understanding of Islamic Values in Sharia Banks (Y). This study uses a quantitative approach with the SmartPLS analysis tool. The results of the study found that there was an influence of the variable Literacy of Islamic law understanding (X1) had a significant effect on the understanding of Islamic Values in Sharia Banks (Y) by 44.10%. Then Islamic economic literacy (X2) has a significant effect on the Understanding of Islamic Values in Sharia Banks (Y) by 27.47%, and lastly there is no influence of Religiosity (X3) on the Understanding of Islamic Values in Sharia Banks (Y).
Islamic Law and Fraud Eradication Strategy in Islamic Financial Institutions Pradesyah, Riyan; Nawir Yuslem; Chuzaimah Batubara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study examines the law and strategy to eradicate fraud in Islamic financial institutions, which are important institutions in the sharia-based economy. Fraud, which includes various fraudulent acts such as manipulation of financial statements and abuse of authority, can damage the reputation and sustainability of financial institutions. Therefore, a thorough understanding of the laws governing Islamic financial institutions, including the Sharia Banking Law and regulations from the Financial Services Authority (OJK), is essential in efforts to prevent and counter fraud. The fraud eradication strategy proposed in this study involves several approaches. First, the implementation of a comprehensive internal control system, including periodic internal and external audits, to ensure transparency and accountability. Second, increasing awareness and ethical training for employees, so that they are better able to recognize and prevent fraud. Third, the use of information technology, such as early detection systems and data analysis, which can identify suspicious patterns in financial transactions. This research emphasizes the importance of collaboration between Islamic financial institutions, regulators, and the public to build a safe and transparent ecosystem. Thus, efforts to eradicate fraud not only protect institutional assets, but also strengthen public trust in the Islamic financial system. The results of this research are expected to provide insight for policy makers and practitioners in developing more effective strategies in eradicating fraud.
The Role of Law in Encouraging Innovation in Village Financial Management Ratna Sari Dewi; Asmuni; Muhammad Yafiz
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The purpose of this research is to identify and analyze the role of law in encouraging innovation in village financial management. Through a qualitative approach, this study collected data through interviews, observations, and documentation studies involving various stakeholders, including village officials, communities, and law enforcement. This method allows researchers to understand in depth the dynamics that occur in village financial management as well as the challenges and opportunities faced. The results of the study show that clear and firm regulations are a key factor in encouraging innovation. The law provides a framework that facilitates transparency and accountability in the management of village funds. In addition, regulations requiring community participation in the planning and supervision process further strengthen the relationship between village officials and the community, creating a greater sense of ownership over financial management. This study also found that the application of information technology in village financial management has resulted in increased efficiency and accuracy. The design of information systems that are transparent and easily accessible to the public contributes to better supervision. In addition, training and capacity building of village officials are critical in ensuring they have the necessary skills to manage finances effectively. This research confirms that the law not only functions as a regulatory tool, but also as a driver of innovation in village financial management. By strengthening cooperation between the government, communities, and law enforcement, villages can better manage their resources, thereby improving the overall well-being of the community.
Analysis of Sanctions Imposed on Foreign Nationals Violating Article 71 Letter A in Conjunction with Article 116 of Law Number 6 of 2011 on Immigration Hamdi, Muhammad Arief; Difa, Aulia Diantama; Santiago, Faisal; Wiraputra, Anindito Rizki
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Ideally, foreign nationals who have entered and settled in Indonesia are required to provide information regarding their identity and family, as well as report any changes in marital status, nationality, employment, sponsorship, and address to the immigration office. This reporting obligation can be fulfilled by the sponsor; however, if the sponsor fails to do so, the foreign national bears the responsibility of reporting it. The failure of many foreign nationals to report these changes has led to various violations in Indonesia. As a country that adheres to Pancasila as the foundation of national life, Indonesia strives to maintain a balance between legal certainty, justice, and the welfare of its citizens. To achieve these three aspects, legal norms are required to regulate people's behavior, ensuring order and societal stability for the prosperity of the nation. However, in its enforcement, there is a disparity in authority among various immigration officials in Indonesia. Therefore, this study analyzes legal aspects of sanction imposition and explores possible solutions to this issue to create harmonization of immigration law in Indonesia. This research also refers to comparative studies with several other countries to provide a broader perspective on immigration law enforcement worldwide. This study employs a qualitative research approach, as described by Creswell. To address the research problems and propose appropriate solutions, the author applies the Dignified Justice Theory, which aligns with Indonesia’s national philosophy Pancasila.

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