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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 1,715 Documents
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NOTARY PUBLIC RESPONSIBILITY IN REPORTING SUSPECTED MONEY LAUNDERING CRIMES UNDER INDONESIAN LAW Apriyas Munik; Mohammad Hamidi Masykur; M Sudirman M Sudirman; Mariyam Jameela
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.v24i2.7675

Abstract

Money laundering is a serious crime that threatens the integrity of Indonesia's legal and financial systems. In practice, notaries, as public officials authorized to draw up authentic deeds, are often in a strategic position that can potentially be exploited as a means of money laundering. Therefore, notaries are burdened with the responsibility of reporting suspected money laundering crimes as part of the regime for the prevention and eradication of money laundering crimes. This study aims to analyze the form of notary responsibility in reporting suspected money laundering crimes and their legal implications according to Indonesian law. The research method used is normative juridical with a legislative and conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that the responsibilities of notaries in reporting suspected money laundering crimes have been regulated in various laws and regulations, but still raise normative issues, particularly regarding the limits of reporting obligations, the principle of professional secrecy, and legal certainty and protection for notaries. Therefore, regulatory clarity and synchronization of regulations are needed to ensure the effective implementation of notaries' responsibilities without neglecting the principles of prudence and legal protection.
Criminal Law Enforcement on Marine Pollution in Indonesia from the Perspective of Environmental Protection Satrih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Criminal law enforcement against marine pollution in Indonesia serves as a crucial instrument to maintain the sustainability of marine ecosystems and safeguard the rights of coastal communities. This article analyzes national and international regulatory frameworks, law enforcement implementation, victim protection, and the effectiveness of criminal law in addressing marine pollution, including oil spills, industrial waste, and Illegal, Unreported, and Unregulated (IUU) fishing. The findings indicate that, despite a relatively comprehensive legal framework, enforcement effectiveness is hindered by limited law enforcement capacity, complex evidentiary procedures, vast maritime areas, and weak inter-agency coordination. Modern criminal law approaches need to be both preventive and restorative, not only imposing sanctions on offenders but also promoting ecosystem restoration and protection for affected communities. Integration of national and international instruments, regulatory harmonization, and stringent corporate accountability are key to enhancing compliance and enforcement effectiveness. The synthesis of findings underscores that criminal law enforcement against marine pollution should be viewed as a multidimensional process combining legal norms, implementation practices, victim protection, and environmental rehabilitation, thereby ensuring the sustainability of marine ecosystems and the socio-ecological well-being of coastal communities.
LIFE INSURANCE CLAIMS DISPUTE RESOLUTION THROUGH THE CONSUMER DISPUTE RESOLUTION AGENCY (BPSK) Padian Adi Salamat; Adi Mansar; Muhammad Arifin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Life insurance claim dispute resolution is a crucial aspect of consumer legal protection in Indonesia, particularly when claims are rejected by insurance companies. The Consumer Dispute Resolution Agency (BPSK) was established as an alternative out-of-court dispute resolution body, aiming to provide fast, simple, and low-cost resolution. However, in practice, the effectiveness of the BPSK in resolving life insurance claim disputes still faces various obstacles. This study aims to determine the procedures for resolving life insurance claim disputes through the BPSK, identify the obstacles encountered, and analyze efforts to optimize the resolution of these disputes. This study uses a normative legal research method with a statutory and conceptual approach, supported by primary, secondary, and tertiary legal materials. Data collection was conducted through literature review and qualitative analysis. The results indicate that life insurance claim dispute resolution through the BPSK is carried out through mediation, conciliation, and arbitration mechanisms, with final and binding decisions. However, its effectiveness still faces obstacles, including overlapping authority with the Financial Services Authority (OJK), weak enforcement powers of decisions, the technical complexity of insurance disputes, an imbalance in the bargaining position between consumers and businesses, and limited institutional capacity of the BPSK. Optimization efforts that can be implemented include strengthening regulations, harmonizing authority between institutions, increasing human resource capacity, increasing business compliance, and improving public legal and financial literacy. Therefore, strengthening the role of the BPSK is essential to realizing effective legal protection for consumers in life insurance claim disputes in Indonesia
Indonesian Moderate Islam: A Constructivist Approach to Global Perceptions Halifa Haqqi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study explores the construction of Moderate Islam in Indonesia and its significance for both national identity and foreign policy. As part of its strategic positioning, Indonesia actively promotes itself as a Moderate Muslim nation to counter radicalism and extremism, aligning this narrative with its commitment to tolerance and democracy. Employing a qualitative descriptive approach within a constructivist framework, this research examines policy documents, academic studies, and governmental reports to analyze the roles of state and non-state actors—including Muhammadiyah, Nahdlatul Ulama, and the Ministry of Foreign Affairs—in shaping and advancing the discourse of Moderate Islam through multi-track diplomacy. The findings indicate that Moderate Islam in Indonesia is not a static or preordained identity but rather an evolving construct shaped by historical, political, and sociocultural interactions. A paradox emerges as the state’s official narratives often fail to align with social realities, particularly concerning issues of intolerance and discrimination. The instrumentalization of Moderate Islam for political purposes raises critical concerns regarding inclusivity and representation. This study contributes to constructivist international relations theory by demonstrating how religious norms influence state behavior and shape diplomatic engagement. It further argues that policy reforms are necessary to bridge the gap between diplomatic rhetoric and domestic realities, ensuring that the discourse on Moderate Islam functions not only as a strategic tool of soft power but also as an authentic reflection of societal values.
Legal Analysis of the Rights and Obligations of Financial Institutions Regarding the Loss of Customers' Property Rights Certificates as a Result of Natural Disasters Ribka Eliezer; Franciscus Xaverius Wartoyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The loss of a customer's Certificate of Ownership (SHM) while it is in the possession of a financial institution as collateral for a loan is a legal issue that has implications for the rights, obligations, and civil liability of the financial institution. This study aims to analyze the legal regulations related to the obligations of financial institutions in storing and securing SHM based on the Banking Law, the Mortgage Law, and civil law provisions governing the relationship between creditors and debtors. In addition, this study examines the legal responsibility of financial institutions if the SHM is lost due to a natural disaster that meets the criteria of force majeure based on Articles 1244 and 1245 of the Civil Code. The method used is normative legal research with a regulatory, legal concept, and doctrinal analysis approach. The results of the study show that financial institutions are required to apply the principle of prudence in the storage of collateral documents, and if the loss occurs due to a natural disaster that is proven to be force majeure, financial institutions can be exempted from liability for compensation. However, financial institutions remain obliged to carry out administrative recovery, including assisting in the process of issuing replacement certificates and ensuring that customers' legal protection remains guaranteed. This study emphasizes the need for stricter document security standards to prevent the risk of loss due to disasters in the future.
Conceptualization of Legal Protection for Prosecutors' Personal Data In Law Enforcement Processes. Juniardi Windraswara; Pujiyono Pujiyono; Nabitatus Sa'adah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

A reform of State Attorney policy is required for personal data protection in the digital era to align legal frameworks with evolving technology, protect citizens' privacy rights, and address gaps in existing regulations like Indonesia's Personal Data Protection Law (UU PDP). This reform necessitates clear data management rules, robust enforcement through independent authorities, strengthened technological adaptability, and international cooperation to safeguard data against misuse and breaches while ensuring accountability in legal assistance—key Areas for Reform, Regulatory Frameworks, Data Management, Enforcement Mechanisms, Public Awareness, and Education. The rapid growth of digital technologies, especially in sectors like e-commerce and fintech, increases the risk of data leaks and misuse of personal information. Legal frameworks must evolve to keep pace with rapidly changing digital technologies to protect data and address new threats effectively. By addressing these areas, the sector of legal aid can adapt its policies to better protect personal data in the digital age and uphold fundamental human rights in a digital society.
Legal Governance of Digital Banking and Credit Asset Quality in Indonesia Bondan Dwi Wijayanti; Sumiati; Atim Djazuli
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.3043

Abstract

The new normal era has prompted many companies to take merger actions to increase market efficiency. Related to this, the national legal regime requires that every action of a corporate merger with certain asset criteria to notify to the Komisi Pengawas Persaingan Usaha (KPPU) in purpose to prevent unfair business competition practices. In welcoming the new normal era, KPPU has released a new guideline regarding merger notification using electronic media. This study found that as many as 212 companies merged during the new normal era, but several of companies still did not understand the notification rules. The legal implications of this misunderstanding have resulted in several companies has been penalized with fines due to late notification. A notary with one of his authority to make a merger deed is expected to take part as one of the front lines to prevent late notification by the company to KPPU. This is a juridical consequence of the role of a notary in terms of conducting legal counseling related to the making of a deed. Therefore, this study aims to examine the role of notaries in preventing late notification of corporate mergers to KPPU in the new normal era, examined from the perspective of business competition law. This research method is in the form of normative juridical which is descriptive qualitative, with an emphasis on the use of secondary data and uses primary and secondary legal materials. The results of this study indicate that a notary is obliged to provide legal counseling to business actors as appearers who will do corporate merger actions. Notaries are also required to elaborate on the merger provisions issued by KPPU during the new normal era. This must be done as a implementation of code ethics of notary.Keywords: Notary, Business Competition, Merger Notifications, New Normal
Implementation of Article 3 Paragraph (5) of Government Regulation No.34 Year 2016 on Income Tax from Transfer of Rights on Land and/or Building, and Agreement on Sale and Purchase of Land and/or Building and its Amendments in Metro City Herlina Ratna Sambawa Ningrum
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Taxes assist the state attain prosperity. Transaction value determines land rights transfer income tax. In reality, the land sale and purchase deed's transaction value is not the seller's true worth, decreasing Pph validity. The issue in this study is how Article 3 Paragraph (5) of Government Regulation No. 34 of 2016 concerning Income Tax from Transfer of Rights to Land and / or Building, and Agreement on Sale and Purchase of Land and / or Building and its Amendments (PP No. 34 of 2016) affects Metro City Deeds of Sale and Purchase and what obstacles cause the results. Empirical research uses field and book data and evaluates it legally and qualitatively. Research results from the Implementation of Article 3 Paragraph (5) PP 34 of 2016 on Validation of Pph on metro city sale and purchase deed transactions have been consistent but not as expected. Awareness of paying taxes and tax restrictions hinder the fulfillment of Article 3 paragraph 5 letter d of PP 34 of 2016. Institutions should interact and socialize to implement PP 34 of 2016 and share tax information
Efficiency of Justice Collaborator Witnesses with Crown Witnesses in Revealing Corruption Criminal Cases m-adi setiawan; Yeni Widowati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This research aims to determine the justice collaborator and crown witnesses' efficiency in uncovering criminal corruption cases. Furthermore, this article uses normative methods, library data sources, and relevant regulatory legal documents. The findings in this research are that using crown witnesses in the judicial process is common, but this condition does not mean that the public prosecutor can present crown witnesses in court. The use of crown witnesses with a mechanism (splitting) in the evidentiary process in court is contrary to the principle of non-self-discrimination, which is implicitly partially reflected in several articles, namely Article 66 of the Criminal Procedure Code, which states that there is no burden of proof for the defendant (the burden of proof is the responsibility of the public prosecutor). Crown witnesses are also an essential tool in fighting organized crime in cases of criminal acts of corruption. As an insider who is part of the environment where the information he leaked, he understands very well what and how the crime method is, which has been neatly wrapped up and kept secret from the public and law enforcement.
Purcell Principle and Constitutional Court's Limits In Reviewing Election Laws Rahmat Muhajir Nugroho; Krisna Nurhuda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The Indonesian legal system has not yet adopted the Purcell Principle, a key doctrine in U.S. election jurisprudence that serves as a judicial restraint, preventing courts from changing election rules during the election period. Its main goal is to avoid confusion and maintain the integrity of the electoral process. Applying this principle is essential to ensure legal certainty, fairness, and stability for election stakeholders, including organizers, candidates, political parties, and voters. In Indonesia, the Constitutional Court holds broad authority to review election laws. Without the Purcell Principle, this power may lead to legal uncertainty and disrupt the electoral process. This study examines the urgency of applying the Purcell Principle within the Constitutional Court's jurisdiction and proposes a conceptual framework for its integration into Indonesia’s legal system. Using a normative legal approach, the research draws on primary, secondary, and tertiary legal materials through literature review and qualitative-descriptive analysis. The study concludes that the Purcell Principle is necessary to prevent judicial interference during election stages. The proposed framework includes: (1) limiting the Court's authority to review election laws, except in cases involving voting rights; (2) applying this limitation throughout the entire election process until the official announcement of results; and (3) incorporating the Purcell Principle into relevant laws such as the Election Law, the Judicial Power Law, and the Constitutional Court Law to ensure its legal force.

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