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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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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 Khuan, Hendri
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
Mining Regulations In Effort Of Indonesian Carbondioxide Emission Reduction Targets In 2030 Masriani, Yulius Tiena; Utomo, Markus Suryo; Pakina, Ridho -
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.v21i2.3387

Abstract

Mining is an business quarter that has a large impact in growing country wide earnings. However, the mining enterprise often encounters issues associated with its suitability with the balance of the surroundings and climate alternate. This examine has the primary goal of imparting a complete rationalization concerning the Indonesian government's efforts to lessen carbon dioxide emissions to reap the 2030 emission discount target that's bolstered thru the Nationally Determined Contribution file, namely 834 million lots of CO2e on the unconditional target (CM1) and 1.081 million tons. CO2e at conditional goals (CM2). As nicely as licensing policies related to mining both in legal guidelines and government regulations that allows you to later make a contribution to efforts to lessen the poor impacts of mining on the environment. The results of the study display that in the duration 2000 to 2016 carbon emissions persisted to boom via 2.Nine% and the government keeps to make efforts to lessen those emissions. The guidelines associated with the mining industry which have been at first defined in Law Number 4 of 2009 have been amended with the issuance of the Job Creation Law of 2020. The management of the mining commercial enterprise is also explained in authorities regulation Number 96 of 2021. As an attempt to prevent the increase in unfavourable environmental damage due to mining, mining management with an environmental attitude needs to be progressed, inclusive of with the aid of providing an in depth elaboration inside the stipulated policies regarding environmental safety.
Technology and the Evolution of Civil Law: Implications of Cryptocurrency Transaction Regulation Wahyuddin, Fitrah; Sudirman, Sudirman; Umar, Wahyudi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3388

Abstract

This research investigates the regulatory implications of cryptocurrency transactions in the context of the evolution of civil law, including consumer protection, prevention of illegal activities, and maintenance of financial market integrity. The background of the research refers to the economic paradigm shift towards digital assets such as cryptocurrencies, which has changed the global financial transaction landscape. This research method involves a combined approach between civil law analysis, a literature study on blockchain technology, and a review of the latest regulations related to cryptocurrencies in Indonesia. The results show that the evolution of technology in cryptocurrencies has presented new challenges to conventional civil law. The unclear legal status of cryptocurrencies, security risks, and potential illegal use are significant concerns. The regulatory implications on cryptocurrency transactions in Indonesia illustrate the government's efforts to accommodate innovation while protecting the public interest. Some recommendations include a more collaborative approach between the government, the industry sector, and legal institutions to develop a regulatory framework that fits the characteristics of these technologies.
Strengthening The Functions of Savings Guarantee Institutions for Increased Protection of Customers and Insurance Policy Holder Sihombing, Jonker
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.v22i1.3396

Abstract

Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector amended the provisions relating to the Deposit Insurance Corporation revised clauses related to the Deposit Insurance Corporation. Earlier clauses covered bank customer deposits, it broadened to encompass insurance policies. This research delves into understanding how roles, responsibilities, powers of the Deposit Insurance Corporation bolstered with the introduction of this Law, aiming to better safeguard depositors and insurance policyholders. Normative juridical approach forms the backbone of this research. Secondary data is the primary source of information, with primary legal documents like laws, regulations supplemented by secondary legal resources such as books, literature, academic journals. Findings indicate this Law provides depositors with assurance regarding security of their deposits in the event a bank is deemed to be resolute, deposit repayments process are more transparent. Insurance policyholders benefit as the law now clearly outlines the claim repayment.
The Performance Of Employees Of The Bandung Civil Service Police Unit (Satpol PP) In The Implementation Of Illegal Advertising Control Insidentil And Permanent In 2020 Base On Administrative Law Rohayati, Yeti; Indah, Diani
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.v22i3.3403

Abstract

Along with the progress and development of the business world in Indonesia, especially the city of Bandung, the more advanced the establishment of billboards both isidentil and permanent. The installation of billboards is currently increasing in number and piling up without paying attention to the predetermined procedures for organizing billboards. So it is necessary to carry out supervision or control, this regulation is an obligation of the Bandung City Civil Service Police Unit (Satpol PP) as stated in the Bandung City Regional Regulation Number 02 of 2017 in Article 19 paragraph (1) Challenge the implementation of the regulation of the implementation of advertising. However, in reality, in the implementation of billboards, there are still many people who do not follow the installation procedure and not all violations of billboard organizers can be put in order by satpol PP Bandung City. The purpose of this study is to determine the performance of Satpol PP Bandung City employees in the Regulation of Billboards 2020 and  to find out the supporting and inhibiting factors in the control of violations of billboard organizers in Satpol PP Bandung City.  The method used in this study is a descriptive method with a qualitative type of research. This is done in the context of collecting primary data by means of observation, interviews and documentation. In addition, data collection was carried out using several book references with research themes to support previous data. The results showed that the performance of Satpol PP Bandung City Employees in the Implementation of Billboard Control has not been optimal, this is evidenced by the many violations of billboard organizers in the city of Bandung. This is due to the lack of personnel and facilities and infrastructure. The way to overcome this is that there must be additional personnel or employees of billboard control and the provision of adequate equipment to support the implementation of advertising control in the field  TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian //  TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//   This page is in English Translate to Indonesian    AfrikaansAlbanianAmharicArabicArmenianAzerbaijaniBengaliBulgarianCatalanCroatianCzechDanishDutchEnglishEstonianFinnishFrenchGermanGreekGujaratiHaitian CreoleHebrewHindiHungarianIcelandicIndonesianItalianJapaneseKannadaKazakhKhmerKoreanKurdish (Kurmanji)LaoLatvianLithuanianMalagasyMalayMalayalamMalteseMaoriMarathiMyanmar (Burmese)NepaliNorwegianPashtoPersianPolishPortuguesePunjabiRomanianRussianSamoanSimplified ChineseSlovakSlovenianSpanishSwedishTamilTeluguThaiTraditional ChineseTurkishUkrainianUrduVietnameseWelsh Always translate English to IndonesianPRO Never translate English Never translate jurnal.unikal.ac.id
The Effectiveness of Rehabilitation Guidance Services for Correctional Clients for Narcotics Crimes and Crime Law at the Bandung Class I Correctional Center in 2021 Indah, Diani; Rohayati, Yeti
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.v22i1.3404

Abstract

Criminal acts in drug abuse that are already dependent are very difficult to escape from narcotics. Therefore, the problem of narcotics crimes must be handled by holding correctional client rehabilitation guidance carried out by the Bandung Class I Correctional Centre . Rehabilitation guidance carried out by the Bandung Class I Correctional Center is the process of treating and freeing addicts from dependence, a form of social protection that integrates drug addicts into social order so that they no longer abuse narcotics, and protects the community from the disturbance of crime and at the same time protects prisoners and provides provisions for a better life.  This type of research is qualitative research with a descriptive approach.  The subject of the study was the Head of General Affairs and Employees of the Bandung Class I Community Center  . The subject was taken by purposive sampling. Data collection techniques were carried out by observation, interviews and questionnaires conducted to the Head of General Affairs, Employees of the Bandung Class I Community Center and Correctional Clients for the Rehabilitation of Narcotics Crimes. Data analysis consists of data reduction, data presentation, and data verification.  The results showed that the implementation of rehabilitation guidance carried out by the Bandung Class I Correctional Center was less effective, namely from the Assisted Residents themselves.  Inhibiting factors in the correctional process include often bumping the attitude of the willingness of the Assisted Citizens who do not want to change and inadequate facilities and infrastructure.  The supporting factor or way to overcome it is that there must be a Social Worker employed to help the problems faced by the Assisted Citizens  TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian //  TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//   This page is in English Translate to Indonesian    AfrikaansAlbanianAmharicArabicArmenianAzerbaijaniBengaliBulgarianCatalanCroatianCzechDanishDutchEnglishEstonianFinnishFrenchGermanGreekGujaratiHaitian CreoleHebrewHindiHungarianIcelandicIndonesianItalianJapaneseKannadaKazakhKhmerKoreanKurdish (Kurmanji)LaoLatvianLithuanianMalagasyMalayMalayalamMalteseMaoriMarathiMyanmar (Burmese)NepaliNorwegianPashtoPersianPolishPortuguesePunjabiRomanianRussianSamoanSimplified ChineseSlovakSlovenianSpanishSwedishTamilTeluguThaiTraditional ChineseTurkishUkrainianUrduVietnameseWelsh Always translate English to IndonesianPRO Never translate English Never translate jurnal.unikal.ac.id
Rechtsvacuum In The Conviction Of The Criminal Act Of Bribery Assistance Prayitno, Ahmad Hadi
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.v20i2.3418

Abstract

Bribery assistance perpetrators have an essential function in a series of incidents of bribery. It has juridical consequences regarding the need for a clear and definite conviction for them. The ambiguity of Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes, given the position of perpetrators of bribery assistance, has had a major impact on the rechtsvacuum in the criminal justice system on bribery crimes. Based on the study of this normative method article, it was found that criminalization in bribery cases, in fact, does not only include active and passive perpetrators of bribery, but the existence of perpetrators of bribery assistance cannot be ruled out either. There is the fact that the provision for bribery assistance in Article 15 of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes has resulted in a rechtsvacuum in terms of conviction in bribery cases. This situation has clearly resulted in uncertainty regarding the criminal sanction imposition for bribery assistance perpetrators.
The Analysis Of Civil Law Relating To Misbruik Van Omstandigheden On The Issue Of Hospital Rejection To Poor Patients Trisnandi, Setyo
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.v20i2.3419

Abstract

Hospitals are health institutions mandated by the state to organize health services that are emitted through the role of hospitals in providing excellent medical services for all Indonesian people without exception. This includes the poor, in fact there are many rejections of poor patients by hospitals, this is an act against the mandate of health law policy, including in terms of committing acts of abuse in medical service agreements for patients who want health services for the poor based on the principle of balance agreement. This article, which used doctrinal research method, sees the issue of rejection of poor patients by hospitals as a form of Misbruik van Omstandigheden in therapeutic agreements resulted as agreements from the principles of civil law and medical service agreement law. The ignorance of poor patients regarding the existence of their rights in every therapeutic agreement made by hospitals made poor patients often helpless when they experience rejection from hospitals with illogical reasons. Based on the study of this article, it is found that in terms of medical services for the poor, the position of therapeutic agreements and agreements concerning informed consent as a commitment to health services for the poor is not clear, resulting in a one-sided situation or misbruik van omstandigheden committed by hospitals to poor patients.
Implementation of the Law Regarding the Use of CCTV Cameras as Electronic Traffic Enforcement Tools in the City of Medan Ruqoyyah, Siti; Irwansyah, Irwansyah
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.v22i3.3440

Abstract

Closed Circuit Television (CCTV) is one of the surveillance tools that can work automatically 24 (twenty-four) which can be used as a tool that helps prevent crime on an object. This research uses a normative juridical approach method. The type of data in this study uses secondary data, and an empirical approach with a qualitative approach. The data sources used are documents and books. Secondary data is data obtained indirectly through literature studies of laws and regulations and publications of previous studies to add information, obtain a theoretical basis and legal basis. Data analysis is described qualitatively, by describing data in the form of sentences that are organized, logical, effective, so that it helps ease of understanding. This research results in the existence of CCTV (Closed Circuit Television) recording evidence recognized as valid evidence, reinforced by the issuance of the Electronic Information and Transactions Law, namely in Article 5 paragraph (1) and paragraph (2) of the ITE Law.

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