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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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THE FUNCTION OF THE APPEARING PARTIES’ FINGERPRINTS AFFIXED TO THE NOTARIAL DEED MINUTA (A CASE SIMULATION OF NON-IDENTICAL SIGNATURES, SURROGATE SIGNATURES, AND THE ABSENCE OF SIGNATURES IN OFFICIAL NOTARIAL DEEDS) Jeressa Widyadhari
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 aims to examine the obligation to affix the fingerprints of the appearing parties as stipulated in Article 16 paragraph (1) letter c of the Law on the Office of Notary. This paper employs normative legal research that analyzes the application of existing norms in positive law, namely Law Number 2 of 2014 concerning the Office of Notary. As a public official, a notary is authorized to draw up authentic deeds that possess perfect evidentiary value. In the making of an authentic deed, the deed must be signed by the appearing parties as valid proof of their presence and consent. However, the Law on the Office of Notary also regulates the obligation to affix the fingerprints of the appearing parties to the minuta of the deed, even though the deed has been signed. This raises questions to be addressed in this paper regarding the function of affixing the fingerprints of the appearing parties and the regulation of sanctions for notaries who fail to affix such fingerprints to the minuta of the deed.
CONFISCATION AND THE CONCEPT OF INDEPENDENT CRIME IN HANDLING MONEY LAUNDERING CRIMES: A COMPARISON OF INDONESIA AND MALAYSIA Imanuel Arinatio Marpaung
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 focuses on the regulations in Indonesia and Malaysia regarding the handling of money laundering crimes, specifically through the concept of independent crime and the confiscation of assets involved in money laundering. In Indonesia, the regulation of handling money laundering is outlined in Article 69 of Law Number 10 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. In Malaysia, it is regulated under Article 4 paragraphs (3) and (4) of the Anti-Money Laundering and Terrorism Financing Act of 2001. The method used in this study is normative juridical, involving a review of the regulations pertaining to the independent handling of money laundering and asset confiscation in both countries. The concept of independent handling and confiscation is designed to facilitate law enforcement in eradicating money laundering crimes. Finally, the study aims to identify the similarities and differences in the concepts of independent handling and confiscation in each regulation. The findings reveal that both countries apply the independent handling concept in combating criminal acts. However, the approaches to confiscation differ between the two countries.
Death Penalty Policy for Perpetrators of Corruption Criminal Acts in Certain Circumstances Herry Liyus; Andi Najemi; Wildan Ambron Ritonga
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.v24i2.8089

Abstract

This article discusses the policy of the death penalty against perpetrators of corruption crimes in certain circumstances based on criminal law in Indonesia. Corruption itself is a crime that often occurs every time in Indonesia, and the impact of the corruption committed is very detrimental to the state and society, which will be discussed further in this article. With the topic of discussion, this article uses a normative juridical research method. The discussion of this article has conclusions including: 1) That the regulation of the death penalty for corruption crimes has been regulated in Article 2 paragraph (2) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption with the qualification that the corruption is carried out under certain circumstances 2) That further legal reform is needed to be able to impose the death penalty for corruption that can harm the State
Distributive Justice in Mining Governance: A Comparative Legal Analysis of Indonesia and Thailand Saefullah
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.v24i2.8156

Abstract

This research analyzes the construction and issues of distributive justice in mining governance in Indonesia and Thailand and formulates the direction for the reconstruction of Indonesian law based on comparative learning. The research uses normative legal methods with legislative, conceptual, and comparative approaches. The research results show that both countries place the state as the controller of mineral resources to achieve societal prosperity thru the distribution of economic benefits, environmental protection, community participation, and intergenerational sustainability. Indonesia relies on the mandate of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, which is elaborated thru regulations on mineral and coal mining, mechanisms for state and regional revenue, community empowerment, and environmental protection. Meanwhile, Thailand, thru the Minerals Act B.E. 2560 (2017), articulates more explicitly the balance of interests between the state, business actors, local communities, economy, society, health, and environment in mineral management. The problem in Indonesia mainly lies in the gap between norms and implementation, centralization of authority, inequality in the distribution of economic benefits, distribution of socio-ecological burdens, and the limited participation of local and indigenous communities. Therefore, the reconstruction of Indonesian law needs to be directed toward a model of mining governance based on distributive justice thru the strengthening of benefit sharing, meaningful participation, environmental and health protection, and the proportional distribution of responsibilities among the state, business actors, society, and future generations.
Legal Protection for Micro, Small, and Medium Enterprises Against the Unilateral Authority of Digital Platforms in Realizing Legal Certainty Anto Kustanto; Hetiyasari; Ainul Masruroh; Muhammad Naufal Arifiyanto
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.v24i2.8157

Abstract

This research aims to analyze the issues of legal protection for Micro, Small, and Medium Enterprises (MSMEs) from the perspective of positive Indonesian law and to formulate a reconstruction of a legal harmonization model that can achieve legal certainty in the digital trade ecosystem. The research uses a normative legal method with a legislative approach and a conceptual approach thru analysis of the legal regime for MSMEs, Electronic System Trade (PMSE), contract law, consumer protection law, and business competition law. The research results indicate that legal protection for MSMEs is not yet effective due to the fragmentation of regulations, which results in a normative vacuum regarding the limits of authority of digital platforms as gatekeepers, algorithm transparency, accountability for digital decisions, protection against unbalanced standard clauses, and guaranties of procedural rights for MSMEs. This research offers a novelty in the form of a legal harmonization model reconstruction thru the integration of MSME law, electronic commerce law, contract law, and competition law into a coherent regulatory framework. The model is built on six fundamental principles: protection of MSMEs, freedom to operate, healthy business competition, legal certainty, algorithm transparency, and platform accountability, which are implemented thru a ban on unilateral account suspension, prior notice obligation, recognition of the right to be heard, independent internal review mechanisms, independent dispute resolution, and transparency in changes to terms and conditions and algorithms. This harmonization model is expected to strengthen legal certainty, achieve contractual justice, and create a more accountable and fair digital platform governance for MSMEs.

Page 172 of 172 | Total Record : 1715

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