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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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Correlation Between Traditional Law and Positivism in Indonesia and Malaysia Iriansyah, Iriansyah; Irfansyah, Irfansyah; Febrina, Rezmia
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.v23i1.1908

Abstract

This article aims to analyze the correlation between customary law and positivism law in Indonesia and Malaysia. This research uses a normative juridical approach with a statute approach and a conceptual approach. Based on the research results, customary law is unwritten with positivism law which is written. And positive law in Indonesia or the law that is expected to be present in the future in Indonesia, must be seen from the aspect of culture or customary law that grows and develops in the environment of indigenous peoples. Given the purpose of the form of a regulation or law is to meet human needs in social life. So the people who enjoy the law are the people. Whereas in Malaysia customary law is still recognized as long as it grows and develops in the community and does not conflict with the religion of Islam and has been promulgated, it can be said that there is the same thing as the distribution of assets gono gini or joint assets with Spencerian assets in Malaysia. 
Implementation of Economic Crime After The Provision of Law Number 11 of 2021 Concerning The Prosecutor Supardi .
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.v21i1.1940

Abstract

The Criminalization of Economic Crimes occurred on May 11, 1995 which was marked by the birth of the Law on Economic Crimes (UUTPE). Since the birth of the law, the term "harming the economy" has emerged, which is similar to the element "harming the country's economy" in the Corruption Crime (TPK) offense. On December 31, 2021, the Prosecutor's Law (UUK) was promulgated which gives authority to investigate, investigate and prosecute cases of Economic Crimes (TPE), but in the explanation of Article 35 paragraph (1) letter k provides an interpretation of economic crimes such as the interpretation of "harmful" the country's economy” in the TPK. The use of the phrase "harming the country's economy" in the explanation of Article 35 paragraph (1) letter k of the UUK raises interpretation problems regarding the meaning of "harming the economy" as referred to in the UUPE which can have an impact on implementation in creating justice and legal certainty in handling TPE cases. Therefore, this study formulated the formulation of the problem as follows: (1) How to interpret the TPE regulated in the UUTPE (2) How to distinguish the TPE regulated in the UUTPE and UUTPK and (3) How to measure the authority of the Prosecutor's Office in handling TPE cases so as to create justice and legal certainty. The research method used is normative juridical, namely a method that refers to the applicable laws or regulations, legal theories or opinions of scholars. The research is based on secondary data, while the research specifications used are descriptive analytical. The data sources used consist of primary legal materials and secondary legal materials. The results of the study conclude that: (1) UUTPE has not been revoked and is still valid as ius constitutum, (2) The basic differences in the state economy between UUTPE and UUTPK are: TPE is more related to the world of trade and is not related to strategic policies of the central or regional government and (3) Based on Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 the Prosecutor's Office has the authority to handle TPE cases, but the definition of the state economy according to the law is still confusing because it is equated with the meaning in the UUTPK
Prospects and Challenges of Shar’i Insurance in Efforts to Compensate Victimsof Natrual Disaster in Indonesia ellectrananda anugerah ash-shidiqqi; Aidul Fitiada Azhari; Kelik Wardiono; Wardah Yuspin
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.v21i1.1951

Abstract

The presence of sharia insurance in Indonesia complements the presence of types of insurance in Indonesia. The existence of sharia insurance in an effort to compensate victims of natural disasters is very important because the existence of Muslims requires halal certainty from insurance, how it differs from conventional products, what are the prospects in Indonesia and what are the challenges faced. Qualitative descriptive method was chosen to describe the condition of Islamic insurance in Indonesia. The results of the study indicate that in the development of sharia insurance in an effort to compensate victims of natural disasters, there are prospects, obstacles and various supports needed for the development of sharia insurance in Indonesia, synergy between Ulama, government Umara in the form of regulation and supervision
The Abrogation of Sale and Purchase Binding Agreement (PPJB) Deed of Notary That Contains Standard Clause by a Verdict Lusiana Dwiyanti; Liza Prihandhini
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.v21i1.1974

Abstract

The onus of making and undersign the Deed of Sale and Purchase Binding Agreement (PPJB) by a Notary is legally regulated in the PUPR Ministerial Decree No. 11/2019. This provides an obligation for a Notary in contrive the clause of the Binding Agreement that guarantees a legal preservation in the transition of land rights. In this research, the PPJB was using a standard clause containing an exoneration clause, thus causing an abrogation by a Verdict. This article uses a normative juridical research method, with secondary data and qualitative analysis. The eventuate is illustrate that the use of the principle of contract law is not legally valid if it contains an exoneration clause in it. As Public Officials who are charged with important duties and responsibilities, Notaries and PPATs must know all about legal studies related to make the deed so can avoid all lawsuits from parties that been disadvantaged due to disputes from the deed in the future.
Land Banking Establishment as the First Step Acceleration for Post COVID-19 Pandemic Investment Vincensia Esti Purnama Sari; Serlly Waileruny; Graceyana Jennifer
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.v21i1.1982

Abstract

The collapse of the country's economy as a result of the COVID-19 pandemic is necessary to be resurrected, one of which is through investment, including investment inland. Thus, through the Law of Republic Indonesia No. 11 of 2020 on Job Creation and Government Regulation No. 64 2021 on Land Banking, the government has defined the formation of a body of Land Banking that has been authorized specifically to manage land. Does this post to highlight two issues: 1) the urgency of the bank's establishment in response to the question of the land itself in Indonesia's investment activities? 2) the role of the bank bodies as the first step acceleration of the national economy post-covid-19 pandemic? The research method used was the juridic-normative law research method, which used secondary data and was acquired through literature studies. According to the authors, there are at least 3 problems in the land: a) license and bureaucratic deliberations; b) the lengthy process of land acquisition; and c) high cost. However, the presence of ground bank agencies as the land keeper, land warranty, land valuer, land distributor, land manager, can help to accelerate the investment.Keywords: Land Banking, Investment Acceleration, COVID-19 Pandemic
The Effectiveness of the World Health Organization (WHO) in Overcoming the Covid 19 Pandemic Hilton Tarnama PM; Belardo Prasetya Mega Jaya
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.v21i1.1990

Abstract

The Covid 19 outbreak has caused a lot of casualties. WHO as an international organization whose goal is to achieve health at the highest level has a responsibility to mitigate the spread of the virus and its victims. The authority possessed by WHO based on international law is effective in overcoming the covid 19 pandemic. All of the categorizations to assess the effectiveness of WHO can be fulfilled by WHO while showing that WHO has succeeded in overcoming the Covid 19 pandemic.
Reinforcing Central Government’s Authority over Regional Governments in the System of Indonesian Governance Ahmad Siboy
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.v21i1.1998

Abstract

Principally, a regional government represents the extended hands of the central government in controlling a regional area. Regional governments are not supposed to run activities not congruent with the policies set by the central government. However, regional governments are often found in contravention of the policies of the central government. This research maps what causes this contravention and the reasons for reinforcing the authority of the central government regarding its connection with regional governments. This research employed normative-juridical methods, statutory, conceptual, and case approaches, revealing that this noncompliance with the central government is sparked by the conditions where a regional head is elected by the members of the public, the president has no right to eject a regional head from his/her tenure, and a regional head is fully authorized to run a regional area, including the regional budgeting. The design of the reinforcement of the authority of the authority of the central government over regional governments is required based on the principle of the unitary state and to guarantee the harmonious policies set by those the regional governments and central government. This design may involve the policy of the central government to take over the governance of regional areas following the deadlock, permit issuance, and the authority of the central government to impose sanctions on regional heads.
Responsibilities of the Board of Commissioners as Tax Bearer for Limited Liability Company Taxpayer Bustanul Arifin; Rouli Anita Velentina
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.v21i1.2011

Abstract

Tax collection in Indonesia carried out based on the procedures stipulated in the Regulation of the Minister of Finance of the Republic of Indonesia Number 189/PMK.03/2020 concerning Procedures for Implementing Tax Collection on the Amount of Taxes Accrued (“PMK No.189/PMK.03/2020”). In PMK No.189/PMK.03/2020, the Board of Commissioners can be the Tax Bearer of a Limited Liability Company (Perseroan Terbatas “PT”), whereas in Article 32 of Law Number 28 of 2007 concerning General Provisions and Procedures for Taxation, it is not regulated that the Board of Commissioners may become the Tax Bearer. Then, when viewed from Law Number 40 of 2007 concerning Limited Liability Companies as amended by Law Number 11 of 2020 concerning Job Creation, the organ authorized to represent a Limited Liability Company (PT) is the Board of Directors. The problem of this research is how the arrangement of the Board of Commissioners as the Tax Bearer if it is viewed from the applicable laws and regulations. The normative juridical method is the research method used in this research. This research uses secondary data consisting of primary legal sources, secondary legal sources, and tertiary legal sources. From the results of this research, it is concluded that the regulation regarding the responsibilities of the Board of Commissioners in PMK Number 189/PMK.03/2020 is an implementation of Law Number 19 of 1997 concerning Tax Collection with Distress Warrant. In addition, the arrangement is in line with the arrangement of the responsibilities of the Board of Commissioners in the Limited Liability Company Law, as reviewed from Article 69 paragraph (3) jo. Article 114 paragraph (3) of the Limited Liability Company Law which regulates the Board of Commissioners is jointly and severally responsible if the resulting financial statements are incorrect and/or misleading. Nevertheless, the Ministry of Finance is deemed necessary to make some improvements to the deficiencies in the provisions of PMK Number 189/03/2020.  Keywords: Board of Commissioners, Tax Law, Tax Bearer, Limited Liability Company, Taxpayer
Notary’s Authority in Establishing Deeds for Minors and Their Rights as Shareholders of Limited Company Desvia Winandra; Mohammad Fajri Mekka Putra
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.v22i1.2155

Abstract

Notaries are empowered to demonstrate different types of business practices. One of the acts involves a shareholder taking legal action at the company. The laws and regulations in Indonesia do not regulate the age limit of shareholders. However, the result of the incompetent duty in this case is a child under the age of twenty- one and can apply for dismissal. This raises the issue of Notary’s authority to explain the claims of children who are unable to implement their rights as partners of a limited liability company. The normative legal method was used in this research. A child may be a legitimate shareholder, which is related to a person's legal conduct, that related to a person's legal actions and actions are seen from his skills and authority that was regulated in Indonesian Civil Code, the Law of Notary Position, and Indonesian Marriage Law. The attorney's authority over a minor child as a shareholder must be represented by his parents. Notary must focus on the skills and authority of the individual when exercising his position of drafting deeds or legal act on behalf of the company. Therefore, Notary must act diligently and thoroughly in drafting deeds and perform its position in accordance with the Law of Notary Position and the Notary Code of Ethics. Thus, Notary has the authority to establish deeds in a legal action for a twenty-one years old person as a company shareholder.
Adoption of the Value of Justice in National Food Law Ahmad Zazili; Mieke Yustia Ayu Ratna Sari; Yatini Yatini
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.v21i2.2164

Abstract

Indonesia is a country that has abundant natural resources; unfortunately, some areas are vulnerable to food insecurity. Such conditions indicate that food development has not reflected justice for the community. This study aims to examine the value of justice in the fulfillment of the right to food. This research applied the statutory approach, the conceptual approach and the philosophical approach. The fulfillment of the right to food for all Indonesians is an obligation of the state, therefore; the values of justice need to be put forward in order to realize national food sovereignty. Social justice is the focus for the direction of development policies to achieve the community welfare. Legal arrangements are needed in the development of food law, such as by drafting laws and regulations in the food sector based on Pancasila values and the constitution, changing the paradigm of food development to food sovereignty, using international legal instruments on food that have a positive impact on people's welfare, and diversifying food as a support for food sovereignty.

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