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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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Legal Analysis of the Position of Exoneration Clause in the Contract Legal System in Indonesia Danial Syah
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.v20i2.3352

Abstract

The development of social life and human interaction methods results in changes in the nature of laws. The forms of agreements or contracts in the early stages of human life were characterized by strong emotional ties. Written contracts were merely created as a reminder of their previous contractual relationships, not necessarily to bind parties to an agreement. However, as society's interactions expanded to reach the external world beyond their domicile, humans began to consider how to engage in contracts without being disadvantaged, especially by parties providing facilities, such as financing or other services, who held greater bargaining power than others. This led to the creation of pre-prepared contract documents without the consent of the other party, which is known as the "exoneration clause." According to the law, the existence of standard contracts containing an exoneration clause may render the agreement void if it fails to meet the requirements of a valid agreement, unless the contents of the contract are explained beforehand and the second party accepts the presence of the contract. The inclusion of an exoneration clause in a standard contract, as seen from the conditions for a valid agreement under Article 1320 of the Civil Code, may lead to the nullification of the agreement due to a lack of mutual consent caused by one party's exploitation of the other party's situation in determining the contract's content. Meanwhile, from the perspective of Consumer Protection Law Number 8 of 1999, standard contracts containing an exoneration clause (liability waiver) are legally void.
Juridical Review Of Mediation Legal Products Outside Court In Connection With Supreme Court Regulation Number 1 Of 2016 Regarding Mediation Procedure In Court Arie Supriadi Sanjaya; Denny - Guntara; Muhammad - Abas
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.v22i3.3355

Abstract

The social dynamics that stand up in recent times maintain to amplify so all of sudden that it has caused the formation of intense opposition schemes in all factors of life that involve stakes and social forces. Conflicts, disputes, and argumentative debates are one of the efforts made through humans to defend their stance and popularity inside the approach of conducting an hobby. Disputes stand up due to the truth there are several interests that conflict with every one of a kind. Basically, dispute resolution can be finished in  methods, what's generally used is dispute resolution via the courts, then with the development of human civilization, dispute resolution outside the court has moreover advanced. The hassle is how the implementation of mediation outdoor the court is connected to Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court and the way binding prison pressure is to the legal products because of mediation outdoor the court docket docket. The technique approach used is normative juridical approach. The result of the studies is article 36 wherein the parties without or with the help of a certified Mediator who efficiently treatment disputes outdoor the Court with a Settlement Agreement can put up a Settlement Agreement to the prepared Court to achieve a Settlement Deed by means of submitting a lawsuit and attached with a Settlement Agreement and files as evidence that suggests the legal relationship of the Parties with the object of the dispute and the peace agreement due to the mediation technique out of doors the court docket docket is best an regular settlement but in fact it's miles all sufficient and is finality.
The Synergy of Customary Criminal Law and National Criminal Law: Orientation Towards Criminal Law Pluralism Kukuh Dwi Kurniawan; Yaris Adhial Fajrin; Ade Sathya Sanathana Ishwara
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.v22i3.3358

Abstract

The synergy between customary criminal law and national criminal law is an important orientation in criminal law reform. This can be seen from the substance of the New Criminal Code which emphasizes the importance of acknowledging the existence of customary criminal law so that aspects of legal pluralism are implemented. This study aims to analyze aspects of the notion of pluralism of criminal law in Indonesia as well as to describe the new orientation of Indonesian criminal law which emphasizes the synergy between customary criminal law and national criminal law. This research is a juridical-normative legal research using a conceptual and statutory approach. The results of the study confirm that the development of the idea of legal pluralism in Indonesia has implicitly been going on for a long time and has even been discussed in a limited way at the BPUPK-PPKI session. After the ratification of the New Criminal Code, the idea of criminal law pluralism has increasingly come to the fore by providing recognition of customary criminal law which emphasizes that after the passage of the New Criminal Code there has been a change in the orientation of legal pluralism which leads to aspects of public law, namely criminal law pluralism. orientation and synergy between national criminal law and customary criminal law based on legal pluralism also requires synergy and precise division of tasks between national law enforcement officials and customary law enforcement officials
The Challenges of The Implementation of Smart Contracts Related to Consumer Protection in Electronic Transactions Qur’ani Dewi Kusumawardani; Dina W Kariodimedjo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3359

Abstract

Smart contracts, which are computer code protocolsthat leverage digital contracts in the blockchainnetwork. Smart contracts can make transactions noteasy to change, more permanent, not easily damaged,more efficient, faster, and more secure becauseeverything is recorded in the blockchain system.However, smart contracts are not without challenges.This study uses a normative juridical approach byanalyzing secondary legal materials complemented byrelevant primary legal materials. Challenges related tosmart contracts in consumer protection, namelyprogramming codes, may not guarantee representationof the parties, the inability of smart contracts (to date)to provide flexibility in contractual frameworks, andcomplex programming languages for partiesunfamiliar with coding. In addition, the partiesinvolved in the transaction and do not have a codingbackground, of course, do not easily interpret smartcontracts. In the end, regulation is essential to protectusers, ensure the security and rights of the parties, sothat this technology does not disrupt particularmarkets, but on the other hand, too much regulationwill hinder innovation
Juridical Review Of Negligence Driving That Results In The Death Of Other People In Connection With Law Number 22 Of 2009 Concerning Traffic And Road Transport (Study of Decision Number 119 K/PID.SUS/2019) Ahmad - Nawawi; Denny - Guntara; Muhamad - Abas
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.v22i3.3362

Abstract

Indonesia is a country based totally on regulation. In social existence, law has very best, practical and high quality desires and purposes. According to Soedjono, human beings constantly violate one another. So the cause of regulation is to guard those hobbies. Traffic troubles are a countrywide scale problem that develops at the side of the development of society. This is the motive for the system of Law Number 22 of 2009 concerning Road Traffic and Transportation, where the Act. The issues raised in this have a look at are Factors - What factors cause driving force negligence in site visitors that reasons other humans to die? And what is the judge's consideration of the decision range 119 K/PID.SUS/2019? In this observe, the authors used a Normative Juridical Approach, particularly an evaluation that describes the contents and might be mentioned in the form of an elaboration by means of giving which means in line with the relevant legislation so that it arrives at a end primarily based on this research. The effects of his studies are the main reasons of injuries, namely the human factor which may be very area, then environmental factors and car elements. Meanwhile, the judge's consideration in choice No. 119 K/PID.SUS/2019 is that the decide will determine on a jail sentence with a probationary length.
Implementation Of Local Goverment Policies In The Utilization Of Groundwater For Business Activities Arief Prayitno; Endang Sutrisno; Alip Rahman; Bella Carla
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.v20i2.3364

Abstract

Excessive use of groundwater depletes reserves ofgroundwater resources in a short period of time,resulting in various impacts. This study discussespolicies regarding the use of groundwater in CirebonRegency and the government's efforts to overcomethreats due to groundwater exploitation. The researchmethod used is empirical juridical. Arrangementsregarding the legal basis for the use, extraction andprotection of groundwater are regulated in LawNumber 11 of 1974 concerning Irrigation, Minister ofEnergy and Mineral Resources Regulation Number20 of 2017 concerning Guidelines for DeterminingGroundwater Acquisition Value West Java GovernorRegulation Number 97 of 2020 concerningImplementation Regulations of West Java ProvinceRegional Regulation Number 1 of 2017 concerningGroundwater Management West Java ProvincialRegulation Number 1 of 2017 2017 concerningGroundwater Management so that the continuity ofgroundwater availability is maintained, this becomesthe legal basis for regional stakeholders. The CirebonRegency government's policy in tackling groundwaterexploitation must be based on applicable legalprovisions. In its application in Cirebon Regency,research found that there are companies that carry outbusiness activities by exploiting excessivegroundwater
The Impact Of Investment Business In The Plantation Sector On Increasing Community Welfare In Keerom District Herniati Herniati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.3365

Abstract

Regency, especially the plantation sector, namelyincreasing the welfare of the community around thecompany. The method used in this research wasqualitative research. This research is to find out andexplain the forms of cooperation between investmentcompanies and the people of Keerom Regency inimproving the welfare of the community aroundinvestment companies in the plantation sector. And,to find out the efforts to empower the communityaround the Planting Company in improving people'swelfare. The purpose of implementing investment isto improve the welfare of the community and createemployment opportunities to benefit the region,provide benefits to the community around thecompany through community empowerment(Community Development), and provide benefitstoplantation business actors
LEGAL CERTAINTY IN THE IMPLEMENTATION OF ECONOMIC ANALYSIS OF LAW FOR POLICY MAKING PROCESS Maria Grasia Sari Soetopo
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.v22i1.3370

Abstract

Economic Analysis of Law (EAL) is a method that uses concepts and theories from economics to evaluate the process, formation, structure, and the impact of law on society. The method is implemented through the use of Regulatory Impact Analysis (RIA) as outlined in Law No. 13 of 2022 concerning the Second Amendment Law No. 12 of 2011 concerning the Formation of Legislation (Law No. 13 of 2022). The Law, however, is not supported by implementing regulations explaining how RIA is carried out. This article uses a normative legal research method. The analysis is carried out through both statutory and historical approaches. The results of this research show that the implementation of EAL following the enactment of Law No. 13 of 2022 needs to be supported with various policies, such as issuance of implementing regulations explaning the procedures of conducting RIA in the regulatory making process. These efforts should also be supported by adequate infrastructure facilitated by Ministries and/or Institutions in conducting impact analysis and augmenting skills of policy makers to enchance the development of laws and regulations.
THE POSITION OF QIYÂS (ANALOGY) IN THE SHARIA ECONOMIC LAW AND ITS APPLICATION IN THE CONTEMPORARY BUSINESS TRANSACTIONS Agus Putra, Panji Adam
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.v23i2.3376

Abstract

The agreed sources of law in Islamic law are the Holy Koran and the Sunnah. However, in the literature on ushul fiqh, Islamic jurists have different opinions regarding the position of analogy (qiyâs) as a source and legal proposition that functions as a method of finding law in Islam. Then there are differences of opinion regarding the use of analogy in the context of sharia economic law. This research focuses on the position of analogy (qiysâs) as a method of discovering sharia economic law and its application in the contemporary transactions. This study uses a qualitative method with a normative juridical approach. This research includes the type of literature study research. The results of the study show that analogy (qiyâs) can be used as a method of legal discovery, especially in sharia economic law and its application in contemporary transactions including qiyâs of IMFZ contracts to bai' al-salam contracts; (2) qiyâs sale and lease back transactions to bai' al-istighlâl; (3) qiyâs wakâlah bi al-ujrah contract to ijârah contract; (4) qiyâs Wada'i al-Mashrafiyyah to qardh contracts; and (5) qiyâs deposits to mudhârib-yudhârib.Keywords: Qiyâs, Sharia Economic Law, Legal Discovery Method
The Legal Protection of Personal Data in Fintech peer-to-peer (P2P) Lending Practices: Orientation and Formulation Hendri Khuan
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.v22i3.3383

Abstract

In the era of digital transformation, one prominent model of Fintech is Peer-to-Peer (P2P) lending, which offers alternative financing access through digital platforms. The protection of personal data in P2P lending becomes crucial as sensitive information such as financial and credit history is collected and processed by these platforms. Data protection regulations, like GDPR, play a vital role in maintaining the balance between Fintech innovation and individual privacy rights. This research aims to discuss the legal protection of personal data within the context of Peer-to-Peer (P2P) Lending in the realm of Financial Technology (Fintech) in Indonesia. The research methodology employed is normative law, using descriptive legal analysis. Data is gathered from various sources, including legal statutes, court decisions, legal literature, and government guidelines related to Fintech and personal data protection. Qualitative analysis is conducted to identify relevant legal provisions, explain their legal implications, and formulate improvement recommendations. The research findings reveal that personal data protection within Indonesian Fintech P2P Lending is governed by a range of regulations, including the Electronic Information and Transactions Law (UU ITE), the amended UU ITE, OJK regulations, and the Ministry of Communication and Informatics regulations. Moreover, the Omnibus Law on Job Creation provides a strong foundation for the protection of consumer personal data. Key principles in personal data protection encompass transparency, explicit consent, data security, limited data usage, fair and ethical business practices, individual rights over personal data, and data integration

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