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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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Government Policy Regulating Land Acquisition Through the Land Bank According to the Job Creation Law erni Rohaini; Lina Jamilah
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.v22i1.3308

Abstract

The complexities of land concerns are a real issue that has yet to be handled. The fact that the amount of land available is fixed, while the desire for physical development grows in tandem with population growth, results in social conflicts that cannot be avoided. The battle of interest between the government, which requires land to build various infrastructures, and the people who wish to keep their rights to the property they own is one of the reasons for social conflict. As a result, it is required to reform land laws that direct the mechanism of integrated state land asset management that can simultaneously accommodate the needs of the government and the rights of community holders of land rights to achieve social justice for all Indonesians. Using the land bank concept as a way of integrated state land asset management may solve the development land dilemma. This study employs a normative legal approach and a descriptive qualitative analysis. In this study, it was revealed that the government's strategy on land purchase through the Land Acquisition Law could have been more effective in resolving land issues; hence, one land component was incorporated through the Job Creation Law via the Land Bank
Elements of Article Law Number 1 of 2023 concerning the Criminal Code Yusep Mulyana
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.v19i2.3309

Abstract

It is considered that Law Number 1 of 2023 concerning the Criminal Code still contains articles inherited from colonialism and is prone to being used as a means of criminalization. For example, the contents of the article on treason. Article 192 of the new Criminal Code states that anyone who commits treason with the intention that part or all of the territory of the Unitary Republic of Indonesia falls to foreign powers or to separate themselves from the Unitary State of the Republic of Indonesia shall be punished with death penalty, life imprisonment, or a maximum imprisonment of 20 years. Article 193 paragraph (1) stipulates that anyone who commits treason with the intention of overthrowing the government, shall be punished with a maximum imprisonment of 12 years. Meanwhile, Article 193 paragraph (2) states that leaders or organizers of treason are subject to imprisonment for a maximum of 15 years. Elements of Article Law Number 1 of 2023 Concerning the Criminal Code To find out whether an act in a legal event is a crime, an analysis can be carried out regarding whether the act has fulfilled the elements regulated in a particular criminal law article. For this reason, adjustments or matches (parts/events) of the incident must be made to the elements of the offense being charged. If it turns out to be suitable, then it can be determined that the incident is a criminal act that has occurred for which (can) be held criminally responsible to the perpetrator subject.
Electronic Commerce and Trademarks: Overview of Civil Legal Responsibilities in the Digital Age Ferry Susanto Limbong; Lily Maryam Nasution
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3310

Abstract

This study aims to analyze electronic commerce and trademarks in terms of civil law responsibilities in the digital era. In this study, the normative juridical research method was used, namely an approach in legal research that focuses on the analysis of written legal sources, such as laws, statutory regulations, court decisions, and other legal documents. The results of the study show that electronic commerce (e-commerce) and trademarks are two aspects that have implications for civil law responsibility. First, electronic commerce is the activity of buying and selling goods and services carried out electronically via the internet or other electronic media. In this context, civil law responsibilities relate to obligations and responsibilities between parties involved in e-commerce transactions, namely as follows: 1) Contracts and Obligations; 2) Consumer Protection; 3) Product Responsibility: Second, a trademark is a symbol or sign used to differentiate the products or services of one company from another. Trademark protection is part of the civil law that protects the rights of brand owners against the use or infringement of said mark as follows: 1) Trademark Registration; 2) Trademark Infringement; 3) Brand Dispute Resolution.
Ownership Of Residential House For Foreigners Based On Agreement Istri Agung, Anak Agung
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.v23i2.3311

Abstract

Decree of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 1241/SK-HK.02/IX/2022 on the Acquisition and Price of Residential Houses for Foreigners, as one of the drivers of investment in Indonesia. However, the certainty of the form and type of agreement that must be made for foreigners is unclear in its regulation, so many make nominee agreements and cause conflicts and even disputes in court. On the one hand, there are restrictions for foreigners, and on the other hand, the opening of the broadest possible opportunity for the entry of foreign investment in Indonesia. The form of Agreement of Ownership of a Residential House for Foreigners can be made with a deed under the hand or with an authentic deed, however, made authentically with a notarial deed or PPAT provides more legal certainty, because of the perfect evidentiary power. In order to fulfill legal certainty, the type of agreement that can be made is in the form of sale and purchase of use rights to land and buildings as well as leasing rights to land and buildings, and sale and purchase agreements of Sarusun or Sarusun property rights. In addition, for PMA Legal Entities can have HGB. The Decree of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number: 1241/SK-HK.02/IX/2022 has provided legal certainty and a sense of justice for all people and for foreigners whose presence in Indonesia in accordance with applicable regulations provides benefits, conducts business, works or invests in Indonesia by heeding existing regulations so that it has an impact on the welfare of the community, nation, state and foreigners/foreign investors in Indonesia.      
Special Protection for Children as Victims of the Crime of Sending Children Audyna Mayasari Muin; Arnita Pratiwi Arifin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3314

Abstract

Protection of children from a crime is not only regulated in Law Number 23 of 2002 concerning Child Protection in conjunction with Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. It is also regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. The philosophy of regulating the crime of trafficking in persons is to protect women and children from exploitation by subjects of criminal law. The crime of sending children is regulated in Article 6 of the PTPPO Law. The formulation of criminal acts in Article 6 is a representation of both preventive and repressive legal protection against children as victims of criminal acts. In contrast, the inclusion of criminal sanctions in prison and fines and confinement in lieu of fines in Article 6 of the PTPPO Law is a development of the theory of the purpose of punishment, namely the theory of balance that accommodates not only the interests of the victims but also of the perpetrators and society. The form of protection given to children as victims of shipping crimes which is regulated in the PTPPO Law is restitution and rehabilitation. As a result, the author concludes that along with restitution and rehabilitation, children are also provided with medical assistance, psychosocial rehabilitation, and psychological rehabilitation as regulated in the LPSK Law
Istinbath Method in Strengthening Ultra Qui Judicial Principles in Judicial Decisions Suwitno Yutye Imran; Apripari Apripari; Ade Sathya Sanathana Ishwara; Erifendi Churniawan; Aristama Mega Jaya; Nurikah Nurikah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3319

Abstract

the method of Istinbath is necessary to support the principle of Ultra Qui Judicat, enabling judges to possess moral characteristics in considering not only knowledge and reason but also Islamic law when making legal decisions. Overall, the significance of the Istinbath method in supporting the principle of Ultra Qui Judicat is paramount, especially in addressing contemporary and empirical issues not governed by legislative regulations. The aim of this research are : explain the concept of Istinbath and Ultra Qui Judicat influence the judge's decisions and the application of the Istinbath method used to reinforce the principle of Ultra Qui Judicat to judicial decisions. The result shows that The method of Istinbath is closely related to the principle of Ultra Qui Judicat since both share the same objective of achieving justice. In practice, judges can use the method of Istinbath to interpret the law and apply the principle of Ultra Qui Judicat in criminal cases. The principle of Ultra Qui Judicat and the method of Istinbath are essential instruments for judges in the criminal justice system to achieve justice in decision-making
THE POLICY OF BANNING THE EXPORT OF RAW MATERIALS IN THE MINING SECTOR BY THE INDONESIAN GOVERNMENT FROM THE PERSPECTIVE OF INTERNATIONAL TRADE LAW Hilton Tarnama P.M.; Ade Marpudin; Belardo Prasetya Mega Jaya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3333

Abstract

The management and utilization of natural resources by a country are manifestations of exercising national sovereignty. The Doctrine of Sovereignty is designed to provide equality among nations under the law to develop their countries towards prosperity and well-being. The policy of restricting and prohibiting the export of raw materials in the mining sector, such as nickel, gold, and tin, by the Indonesian government, is recognized under international law, particularly international trade law. This policy will bring beneficial impacts to Indonesia's economy. By having the capability to process natural resources independently, Indonesia can enhance its economic self-reliance, reduce dependency on imports, and improve the country's position in the global competition in the mining sector, ultimately leading to increased national revenue and providing greater well-being for the entire Indonesian population.
Factors Supporting The Position And Role Of Minangkabau Women In Resolving Heritage Conflicts In West Sumatra Imam Mahardinata; Nawir Yuslem; Asmuni Asmuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3334

Abstract

Conflict resolution of heritage is a problem that often occurs in Indonesian society. This conflict usually occurs due to disagreements in dividing inherited property between family members. In West Sumatra, Minangkabau women are essential in resolving inheritance conflicts. This article will explain the factors that support the position and role of Minangkabau women in resolving heritage conflicts in West Sumatra. This research is empirical legal research or (socio-legal research) with socio-empirical studies with qualitative research. The approach method used in this study is part of legal pluralism (mix or mix), including philosophical, sociological, phenomenological, and legal anthropological approaches. This article aims to provide an understanding of the role and position of Minangkabau women in resolving heritage conflicts in West Sumatra. The factors that support their role are Economic, Educational, Psychological, and Social factors. It is hoped that this article can provide a better insight into the importance of the role of women in resolving inheritance conflicts, as well as provide proper recognition for Minangkabau women for their contributions to society
The Ideal Punishment for Corporations that False the Brand of the Theory of Dignified Justice Rizky Karo Karo; Debora Pasaribu; Irene Puteri A.S Sinaga; Arnoldus Pawe
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3346

Abstract

The corporation is an organized collection of persons and/or wealth, whether it is a legal entity or non-legal entity [Article 1 point 1 of Supreme Court Regulation No. 13 of 2016). Corporations are established to seek profit / profit unlawfully. Marks are one of the intellectual property rights protected by Law No. 20 of 2016 concerning Marks and Geographical Indications (Law 20/2016). Trademark rights holders are protected by Law 20/2016 from counterfeiting acts. This paper will discuss penalties both regulated in Law 20/2016 or will be regulated in Law Number 1 of 2023 concerning the Criminal Code [KUHP (Law 1/2023)] concerning corporate punishment. The formulation of the problem raised is how is the ideal punishment for corporations that falsify the perspective brand of dignified justice theory? The research method used is the normative juridical method. The author uses secondary data in the form of primary legal material, secondary legal material, and tertiary. And the author uses qualitative analysis to come up with a conclusion. The result of the study, namely the theory of dignified justice, is a theory initiated by Teguh Prasetyo, Professor of the Faculty of Law, Universitas Pelita Harapan, this theory is based on Pancasila and aims to humanize humans (nge wong ke wong-in Javanese). The Criminal Code (Law 1/2023) provides guidance on the requirements for corporations that can be criminally liable. Based on the Criminal Code (Law 1/2023), the criminal for corporations is the main crime in the form of fines, and additional crimes. Meanwhile, based on Law 20/2016, imprisonment and/or fines may be  imposed, for example: sentenced to a maximum of 5 (five) years imprisonment and/or a maximum fine of  Rp2,000,000,000.00 (two billion rupiah). The ideal crime & in accordance with the theory of dignified justice for the corporation is the criminal fine, and destruction of goods from the counterfeited brand, as well as the revocation of licenses.
The Integration of Islamic Law and Customary Law in the Marriage of Muslim Community in the Pakpak Dairi Ethnic Group Muhammad Sanif; Pagar Pagar; M. Iqbal Irham
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3351

Abstract

This research elaborates on the implementation of traditional marriage customs among the Muslim community of the Pakpak tribe in Dairi district, including its forms, causes, and the impact of influence, along with an analysis of the integration between Islamic law and customary law in the marriage process of the Pakpak Dairi Muslim community. The type of research used in this dissertation is juridical empirical research, employing data collection techniques from field studies and literature. The data collection tools include document studies, interviews, and observations. Subsequently, the data is processed and analyzed descriptively using various theories as analytical tools, such as the 'urf (customary law), Maslahah (public interest), Receptio Exit and Recptio a Contrario, and Legal Awareness. First, the implementation of traditional marriage customs among the Muslim community of the Pakpak tribe in Dairi district is divided into five stages. Preparation stage, which includes; Mangririt/mengindangi, Simerberum, Mersiberren Tanda Burju, Menglolo/mengkata utang  and Muat nakan, and tangis berru sijahe. Second, the integration of Islamic law and customary law in the marriage customs of the Pakpak Dairi Muslim community can be seen from three perspectives. 1) Form of integration, which includes the following elements; Determining the wedding day and date using the Islamic calendar, Conducting the khataman Alquran before the marriage contract, Reciting verses from the Holy Quran during the marriage ceremony, Offering a lightweight dowry, Providing words of advice,Reciting solawat syaroful Anam  such as barjanzi and Marhaba and Reciting additional prayers. 2) Causes of integration, such as the emergence of new ideas considered better, strong religious beliefs, fanaticism, and a willingness to learn about religion. 3) Impact of integration, including the following aspects; the emergence of legal awareness among the community, religious and customary leaders gaining equal authority and credibility and the development of religious understanding and the adoption of religious attitudes among the community.

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