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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 Urgency of Restorative Justice Regarding Customary Criminal Violations: Harmonization Between Customary and National Criminal Laws Priambada, Bintara Sura
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.v22i3.3514

Abstract

Indonesia is rich in cultural and traditional diversity, including a variety of customary laws in different regions. Conflict often arises between customary laws and national criminal laws. Restorative Justice is an important approach to resolving this conflict, with a focus on reconciliation rather than punishment. This research aims to understand the implementation of Restorative Justice in the Indonesian context, identify its positive and negative impacts, and contribute valuable insights to international discussions on legal conflicts in culturally diverse societies. Normative legal research methods and document analysis are used for this study. The findings suggest that the implementation of Restorative Justice in resolving violations of customary criminal laws in Indonesia has the potential to enhance harmony between customary and national criminal laws. Necessary steps include establishing a dedicated restorative justice judicial system, involving local communities, fostering collaboration between authorities of customary and national criminal laws, and conducting extensive public education. However, it is crucial to consider both the positive outcomes, such as community relationship restoration and reduced burdens on the criminal justice system, and the negative impacts, including potential justice disparities and implementation challenges. Therefore, the integration of restorative justice needs to be carefully aligned with principles of justice, respect for customary culture, and the protection of the rights of vulnerable victims and offenders.
Virtual Court Communication Implementation: Studies on the Implementation of Online Criminal Trials in Courts Widodo, Aan; Pribadi, Slamet; Nurhaliza, Wa Ode Sitti; Akbar, Moh. Rifaldi
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.v22i2.3516

Abstract

Communication in law enforcement that was previously conducted face-to-face is now transformed into electronic-based trials through the support of technology and the internet. Various problems arose during this trial process, specifically regarding infrastructure support, digital literacy, and user technology which are still unequal. This study aims to describe Virtual Trials in Courts from a communication perspective through queries on: (1) how virtual trials are carried out in court, and (2) what are the law enforcement’s challenges in implementing online trials in the Bekasi regency. Researchers conducted interviews with 6 informants, carried out online data searches, and made observations. The results of this study show that the implementation of virtual trials at the Bekasi Regency District Court is a form of supporting an affordable, fast, and simple justice system for the community through media conferences. For the law enforcers, virtual trials have advantages and disadvantages in implementation. The advantages of virtual trials are a form of innovation in the justice system that allows the parties involved in trials without having to be physically present in the courtroom, so there is no need for additional costs. While the weaknesses of virtual trials are related to (1) the validity of examining material or evidence in court, which could not be conducted directly, and(2) the inability of thorough information interpretation due to network constraints. Trial implementation has several limitations as challenges to effective trial implementation, including technology and infrastructure limitations, accessibility limitations, limited interaction between the parties involved, data security limitations, and limited supervision.
DYNAMICS OF ADVOCATES' IMMUNITY RIGHTS IN PROVIDING LEGAL AID IN THE INDONESIAN STATE SYSTEM Kahar, Kahar; Wulan, Retno
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.v22i3.3521

Abstract

In the era of globalization and rapid legal development, the role of lawyers in the Indonesian justice system and the administration of justice becomes increasingly crucial. However, their immunity rights often become the subject of debate within dynamics that affect the legal process. The research aims to examine the dynamics of the relationship between lawyers' immunity rights and moral obligations in the context of providing legal assistance in Indonesia and to evaluate the impact of violations of lawyers' immunity rights on the quality of legal assistance services and public trust in the legal profession in Indonesia. This research will employ a normative legal method with a focus on analyzing legal texts governing lawyers' immunity rights within the Indonesian constitutional framework. Research materials will include legal documents such as laws and regulations, with data analysis techniques involving a deep understanding of the content of legal texts. The research findings indicate that in the practice of law in Indonesia, the relationship between lawyers' immunity rights and moral obligations is highly significant. Lawyers have immunity rights that protect them in providing legal advice without external pressure, but they also have a moral obligation to uphold honesty, integrity, and client confidentiality. The influence of the legal and social environment can also affect how lawyers fulfill their moral obligations. Violations of lawyers' immunity rights in Indonesia have serious implications for the quality of legal assistance provided by lawyers and also damage public trust in the profession. Therefore, it is important for the government, professional organizations, and society to work together to ensure the protection of lawyers' immunity rights so that lawyers can carry out their duties with integrity and high trust, and the public can have faith in a fair and effective legal system. Research recommendations include efforts to enhance lawyers' understanding of the relationship between immunity rights and moral obligations, educating the public about the role of lawyers, and enforcing the law rigorously against violations of lawyers' immunity rights.
GOOD FAITH AS A BASIS FOR CONSUMER LIABILITY IN CASH ON DELIVERY (COD) TRANSACTIONS Admiral, Admiral; Seruni, Puti Mayang; Febrianto, Surizki
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.v22i3.3522

Abstract

Cash on Delivery (COD) is a popular type of transaction in online buying and selling. However, the implementation of the COD feature creates the issue of consumers being reluctant to make payments after the goods have come as agreed. This unilateral cancellation may result in losses for the seller, the application, and the courier. The aim of this research is to examine the legal liabilities of consumers who make unilateral cancellations to prevent losses. This is normative research that employs secondary data from primary, secondary, and tertiary legal materials. The gathered data is then qualitatively analyzed and related with the core problem. According to the findings, the agreement must be made in good faith, which can be defined as subjective good faith (honesty) and objective good faith (propriety and justice) under Article 1338 paragraph 3 of the Civil Code. Judges have the right to evaluate an agreement and terminate it if it contains improper or unfair details.  Before the transaction, where the seller and buyer must be honest, good faith plays a significant part in online transactions using the COD method. Buyers are expected to carefully study the description of the items to be purchased because placing an order indicates that the buyer has agreed to the specifications of the goods and will pay when the goods are received. The COD payment method does not allow customers to cancel unilaterally without providing clear reasons and is therefore considered a default
The Politics of Electronic Agreement Law Based on Pancasila Justice Suwondo, Denny
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.v20i1.3524

Abstract

In the Electronic Information and Transaction Law, it is clearly conceptualized that agreements made electronically must have the same legal force as conventional agreements. The purpose of this research is to analyze the Concepts in Electronic Agreements and discuss the Legal Politics of Electronic Agreements in Indonesia based on Pancasila Justice. The type of research used in this research is normative or library legal research or doctrinal legal research, namely legal research by examining library materials and secondary materials. Electronic agreements are widely used to make agreements between producers and consumers and license agreements for software use. However, in developed countries many electronic agreements are carried out as well as conventional agreements. Pancasila teaches that there must be harmony and balance between the use of human rights and human obligations in other words, in freedom there is a responsibility. So an electronic agreement can optimize its role in the business world, and must pay attention to the right legal aspects.
EMPLOYEES' LEGAL STATUS APPOINTED AS DIRECTORS THROUGH RUPS Nurhayati, Yati
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.v22i3.3557

Abstract

Supreme Court Circular No. 1/2022 stipulates that employees or laborers are appointed directors in the same company through a General Meeting of Shareholders (RUPS) where the employment relationship with the company ends upon appointment as a director. This research aims to ascertain how the severance compensation components and their calculation are entitled to be received by employees appointed as directors through RUPS. This study employs the IRAC writing model, a legal writing technique with the structure of Issue, Rule, Application, and Conclusion. The research findings reveal that Government Regulation No. 35/2021 does not include provisions regarding severance compensation due to the reason of being appointed as a director, leading to a legal vacuum. It creates two possibilities in practice. On the one hand, in cases where an employee resigns from their position to subsequently be appointed as a director, the calculation of compensation for the resignation is applied. On the other hand, companies can establish an internal policy governing severance and compensation calculation mechanisms for employees appointed as directors following best practices. The compensation calculation should consider that it is more than x0.5 because there is no loss or breach, but not exceeding x1.75. After all, the employee does not retire, and the termination of the employment relationship does not result in a complete separation, as the employee continues to work and receives income and benefits from the same company.
Partnership Cooperation Agreement between Cooperatives and Private Companies to Improve the Economic Competitiveness of the Community in Pasir Jambu, Bandung, West Java Azhar Siregar, Hamdan
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.v22i3.3558

Abstract

The partnership agreement between cooperatives and the private sector in Ciwidey Pasir Jambu, Bandung is very important to improve the competitiveness of cooperatives. In addition, the importance of the agreement is to create certainty of the legal relationship between the parties, therefore the law must be able to encourage the parties to work in order to improve the ability of cooperatives to compete, especially in Pasirjambu. The problems in this study are as follows, how to cooperate in partnership between cooperatives and private companies, what are the obstacles in partnerships between cooperatives and private companies in Pasirjambu. While its use in research is as a contribution to cooperatives and private companies in carrying out development, as well as a contribution to ideas for cooperatives and private companies to look for obstacles in partnerships, while the research method carried out, namely normative jurisprudence, considering that this research is legal research, while data, namely secondary, primary and tertiary data, also field data as support.  In increasing competitiveness in the form of partnerships without definite legal rules, the relationship between the two parties has regressed and uncertain. The implementation of partnerships, based on legal aspects that can provide justice, with the aim of empowering small businesses, cooperatives in national development, namely equal employment and business opportunities, income equality, growing and improving business capabilities, increasing competitiveness, increasing exports, equitable distribution of business ownership and strengthening the structure of the national economy. Through the national business partnership movement, all development actors together renew their determination to mobilize all potentials and strengths to accelerate the growth rate of a just Indonesian nation. Through this movement, the Indonesian nation is prepared to face the challenges and opportunities that open up in free trade
The Ius Constituendum Implementation of Simple Patents for the Management of Traditional Medicines Juliana, Juliana; Kurniawan, I Gede Agus
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.v23i1.3562

Abstract

Traditional medicine in Indonesia actually has the potential to be developed and has economic value for society. One effort to develop it is by optimizing aspects of intellectual property, especially through simple patents. This research aims to answer two legal issues, namely: the urgency of a simple patent orientation for traditional medicines in Indonesia and the formulation of a simple patent orientation for traditional medicines in Indonesia. This research method uses normative legal research with a conceptual and statutory approach. The research results confirm that the urgency of a simple patent orientation for the management of traditional medicines in Indonesia has three benefits at once, namely from the aspect of technology development, developing types of traditional medicine products, to increasing economic value. In the aspect of technology development, a simple patent for traditional medicine entrepreneurs can increase the value of creativity and innovation to always develop existing technology. Future arrangements that can be made are by establishing special regulations that regulate increasing the economic value of traditional medicines through the development of simple patents. Ideally, this regulation must also regulate three main substances, namely: an inventory of the potential for traditional medicines in a place, the potential for technological development through simple patents, and an effective and efficient marketing network for traditional medicines.
THE LEGAL CONSTRUCTION OF MANGROVE PROTECTION IN CLIMATE CHANGE MITIGATION: LEGAL STUDY ON THE SOUTH SULAWESI SCALE Amir, Irfan; Hamzah, Hamzah; Hasanuddin, Sultan
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.v23i1.3567

Abstract

Mangroves are coastal ecosystems that play a vital role in protecting the environment and the economy, as well as aiding climate change mitigation. The mangrove rehabilitation program in South Sulawesi is a strategic step by the government to ensure the sustainability of coastal environments. The success of these efforts depends on the participation of all stakeholders. The aim of this research is to identify the impacts and implications of constitutional legal protection on the conservation, restoration, and management of mangrove ecosystems as part of climate change mitigation strategies in South Sulawesi. This research utilizes normative legal research methods with a focus on the legal framework related to Mangroves and Climate Change in South Sulawesi, exploring legal sources such as laws, regulations, and relevant legal documents, and applying document content analysis techniques and constitutional legal approaches to identify potential legal improvements in protecting mangroves and addressing climate change in the region. The research findings indicate that legal protection in South Sulawesi plays a crucial role in preserving and restoring the mangrove ecosystem and mitigating climate change. The enforcement of Law No. 32 of 2009 and local regulations provides a strong legal foundation for safeguarding the mangrove ecosystem through land permit restrictions and the establishment of conservation areas. Mangrove preservation policies are also applied at the national level with the support of Indonesia's FOLU Net Sink 2030 Operational Plan. South Sulawesi, through its regional mangrove working group, plays a key role in coordinating mangrove preservation efforts at the regional level. Furthermore, the role of the Indonesian President in the G20 Presidency underscores Indonesia's commitment to climate change mitigation, highlighting the preservation of the mangrove ecosystem as an example for other countries. With collaboration and community awareness, South Sulawesi has the potential to become a successful model in mangrove preservation and climate change mitigation, despite challenges such as economic issues, public awareness, and climate change
GOVERNMENT STRATEGIES FOR PALM OIL TRADE DISPUTES AFTER THE 2021 CRUDE PALM OIL PHASE-OUT POLICY Suhendra, Dinda Maylinda
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.v23i1.3576

Abstract

The termination of the policy of using crude palm oil issued by the European Union Parliament which states that it is necessary to suppress the use of palm oil to a maximum of 7 as energy for its use aimed at transportation use by 2030 which will have an impact on CPO export producers, namely Indonesia and Malaysia, which will lose their market. With the impact of this problem, it will also affect the workers who have been making a living by working as oil palm day laborers. The research method used in this research is normative juridical. The results of this study are the Government's Strategy Regarding Coconut Oil Trade Disputes After the CPO Termination Policy is First, the ban on nickel ore exports since January 1, 2020 to the European Union, trade disputes that occur between Indonesia and the European Union can be resolved through the DSB at the WTO and the steps that can be taken are to approach the disputing parties based on the needs of each party

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