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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 Establishing Provisions of Laws and Regulations Concerning Aircraft Mortgages Andrade, Timothy Arviando; Hafidz, Iqbal
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.v22i3.3643

Abstract

Until now, it is known that there are no specific regulations that specifically regulate aircraft mortgages. If this situation continues, it will maintain legal uncertainty due to legal vacuum demonstrated by the absence of legal norms that specifically regulate the imposition of aircraft mortgages. This research aims to examine and comprehend the arguments which justify for the urgency of establishing the provisions of laws and regulations on aircraft mortgages. This research approaches the topic from legal perspective, using the normative juridical method. This research will closely examine several relevant the provisions of laws and regulations to identify and analyze the legal issues. Research has shown that the arguments which justify for the urgency of establishing the provisions of laws and regulations on aircraft mortgages is to create legal certainty. Likewise, there are several benefits obtained if legal norms have provided certainty and clarity about the imposition of aircraft mortgages.
The Problematic of Cashless In The Society 5.0 Era on the Workforce in Makassar City: What Should It Be? Juwenie, Juwenie; Wakey, Christo Paulus Moningka; Tongchangya, Novin Kanti
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.v22i3.3644

Abstract

The aim of this research is to analyze the problems and legal protection efforts for workers who have been replaced by cashless in the Era of Society 5.0 in Makassar City, which is related to the existence of a legal vacuum related to regulations regarding facilitation and guidance efforts from the Makassar City Government to be able to empower local Makassar workers in this era of development. technology. This research is normative legal research with a conceptual and statutory approach. The results of the research confirm that the problem of using cashless in the era of society 5.0 for workers in Makassar City, namely the reduction in the number of workers working in various companies who were previously officers where cash payments were made, means that the government must have policies and strategies to provide guaranteed rights for workers. whose position has been replaced as a result of the practice of cashless-based electronic or non-cash transactions. Preventive legal protection can be carried out by establishing statutory regulations, especially at the regional level which are oriented towards empowering the local Makassar workforce so that they can have certain skills and expertise in the era of technological development. In terms of protecting repressive laws, there is a need for an active role from related agencies in Makassar City, especially efforts to provide special guidance and education for local Makassar workers so that they can have certain skills and expertise in the era of technological development.
The existence of serial marriage on the position of children in the issuance of birth certificates Ardyati, Rizda
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.v23i1.3646

Abstract

This study examines the issue of the issuance of birth certificates for children resulting from unregistered marriages and knowing how the registration that can be made to bring up civil relations between fathers and children resulting from unregistered marriages at the Department of Population and Civil Registration of Semarang Regency. The research was conducted empirically with a descriptive nature, data obtained from primary and secondary data with qualitative analysis techniques. Based on the results of the research and discussion, it is known that the issuance of the Birth Certificate is carried out in three ways, firstly with a statement of children born out of wedlock with the provisions in the Birth Certificate that only the mother's name is included. Second, with the Surat Pertanggungjawaban Mutlak (SPTJM) the truth as a married couple applies the provisions in the Birth Certificate to include the names of the father and mother with additional phrases and thirdly for Muslims after recording the marriage at the KUA with the results of the marriage itsbat trial, then the child is made a Birth Certificate so that his status can be directly recognized son of a legal father and mother. Registration that can be made to bring up civil relations between fathers and children as a result of unregistered marriages are carried out in two ways, first if the marriage cannot be registered then the provisions for child recognition are enforced with a statement of child acknowledgment made by the biological father approved by his biological mother without trial. The second is the ratification of the child by registering the unregistered marriages first and then the trial of the ratification of the child
Implementation of Regional Innovation Policy as a Form of Public Service at the Surakarta City Population Administration and Civil Registration Office Novyana Putri, Solichah
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.v23i1.3647

Abstract

This study aims to present the results of research on Regional Innovation Policy as a Form of Public Service at the Population Administration and Civil Registration Office of Surakarta City. This research uses empirical research types with descriptive research methods and qualitative approaches, equipped with primary data and literature data. The research location is at the Surakarta City Population Administration and Civil Registration Office. The results showed  that policies related to regional innovations made by the Surakarta City Population Administration and Civil Registration Office are to create various innovations that facilitate public services, especially population document services including Dukcapil Dalam Gripan, Ball Pickup Service, SAPU KUWAT (One Package of Citizen Population Affairs Fulfilled), LANTATUR (Service Without Descending), BESUK KIAMAT (Condolences Send Death Certificate),  and Clear MY BELOVED'S FOREHEAD. This shows that the Surakarta City Population Administration and Registration Office has provided ease of service to the community through several innovations so as to improve effective and accurate community data
The Criminal Act of Smuggling Indonesian Workers Abroad, Human Smuggling Perspective Zulyadi, Rizkan
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.v23i1.3652

Abstract

The business, as usual, of work-carrying can't be isolated from the issues of interest and supply. The bootleggers will work with the individuals who can pay, then, at that point, find go-betweens, then, at that point, transport skippers and individuals who will make counterfeit reports if essential. The humanistic lawful exploration strategy is an overview, in particular an examination that takes information straightforwardly from respondents involving interviews as an information assortment device, and afterward the information taken is handled so determinations are made utilizing a logical technique. In the mean time, assuming we take a gander at its tendency, this exploration is illustrative, specifically research that makes sense of in clear and itemized sentences the two issue definitions examined. Illegal exploitation is a type of transnational coordinated wrongdoing that can possibly have different ramifications for different violations. Human carrying can be a shortcoming of a country's general set of laws in dealing with instances of stowed-away inspiration by outsiders to make their country a go-between country for that nation's violations. Different violations might emerge because of human carelessness in completing the act of illegal exploitation, like regular wrongdoings (extortion, assault, murder, and robbery), transportation, illegal exploitation, tax evasion, banking wrongdoings, and psychological warfare.
Theoretical Review of Restorative Justice as a Breakthrough in Resolving Legal Cases by the Indonesian National Police Pinem, Serimin
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.v23i2.3653

Abstract

This research aims to analyze restorative justice as a breakthrough in resolving legal cases by the Police of the Republic of Indonesia from a theoretical perspective. Data was collected through literature study, observation, and analysis of legislation and other relevant documents. Data analysis uses the interactive model from Miles and Huberman. The research results show that, in the Indonesian context, there are several positive impacts that can be identified related to the application of restorative justice in resolving legal cases as follows: 1) Relationship Restoration, helping to restore the relationship between the perpetrator and the victim; 2) Reducing recidivism, restorative justice can reduce the rate of perpetrators returning to the world of crime; 3) Legal System Efficiency, speeding up the case resolution process, reducing the burden on an already congested legal system, and saving resources, including time and money; 4) Community Participation, involving the community in the case resolution process; 5) Psychological Support, providing psychological support for victims; 6) Alternatives for Young Offenders, a more useful alternative to prison for young offenders. However, the future challenge for the police is not to let restorative justice become a commercial product of the police
Women in Political Party Recruitment in Japan: A Comparative Study of the Liberal Democratic Party (LDP) and the Constitutional Democratic Party (CDP) Ulfa Azis, Ardhana
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.v23i1.3658

Abstract

This research will shed light on the role of women in political parties in Japan. Japanis still in 125th position out of 146 countries in the World Economic Forum's Global Gender Gap Index (GGI) Report 2023. This puts Japan at the bottom among developed countries. Even though various policies related to gender equality have been taken by the Japanese government. Politics as an instrument of democracy should ideally play a role in the promotion and campaign of gender equality in Japan.  The ruling LDP  (Liberal Democratic Party) and the opposition CDP (Constitutional Democratic Party) also played the issue  of gender equality as part of efforts to respond to women's public. The response of political parties can certainly be traced to how political parties recruit and place women in party and parliamentary structures. This is the purpose of this study, to find out how the LDP and CDP recruit and candidacy women in their respective parties as an effort to realize gender equality. Using qualitative methods and party recruitment perspectives, it was found that both LDP and CDP provide space for women's involvement in their political parties. Although the LDP in the recruitment of women still uses a conservative and exclusive approach, the CDP is more progressive and inclusive. And also both, the LDP and CDP both consider the capital and political motivations of each female candidate. However, neither of them has made the affirmative quota policy effective within his party
Development of Sharia-Based Goods and Services Procurement Theory in a Digital Context: An Explorative Study Fahmi, Ismail; Ramlan, Ramlan; Perdana, Surya
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.v23i1.3664

Abstract

This study aims to develop a theory of Sharia-based procurement of goods and services in a digital context. Through an exploratory qualitative approach, this study explores the understanding of Sharia principles, the implementation of these principles in the context of digital procurement, as well as related challenges and strategies. The research results show that a good understanding of Sharia principles is a key to successful implementation. The implementation of Sharia principles in digital procurement can enhance transparency and efficiency, although there are some challenges to be overcome. This study indicates that further research, the development of tools and methods, as well as training and education are crucial strategies in developing the theory of Sharia-based procurement of goods and services in a digital context.
Execution Guarantee Fiduciary Consequence Debtor Default on Agreement Credit Ismayani, Ismayani; Muhlizar, Muhlizar
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.v23i1.3671

Abstract

The result of the reformulation of the ideal of legal certainty is that there is a conflict regarding the meaning of legal certainty between debtors and creditors. Based on the definition of legal certainty according to Utrecht, debtors and creditors in practice cannot yet understand the limits of permissible and prohibited acts and there is still legal insecurity which causes arbitrariness. Many debtors are still embezzling fiduciary collateral objects, while many creditors are also carrying out forced withdrawals of fiduciary collateral objects. This analysis method uses a qualitative approach, namely to analyze the data used for normative aspects with a descriptive analysis method, namely describing the data in as much detail as possible regarding individuals and other symptoms. The aim of this method is to obtain and provide an overview of the data that has been obtained and relate them to each other with the aim of obtaining the truth. The fiduciary guarantee deed at least contains information regarding the identity of the parties entering into the fiduciary guarantee agreement, including the day, date and time. making a deed, data on the main agreement that is guaranteed by fiduciary, a description of the building which includes identification of the building and an explanation of the proof of ownership, the value of the guarantee and the value of the object that is the object of the fiduciary guarantee (Article 6 of Law No. 42 of 1999 concerning Fiduciary Guarantees). Moving on from this phenomenon, the author is interested in discussing this problem with the topic of the problem: What legal violations occurred in the practice of executing fiduciary guarantee objects after the enactment of Law Number 42 of 1999 concerning Fiduciary Guarantees. If the object of the collateral is a movable object, it can be bound by a fiduciary agreement. The success or failure of this form of fiduciary guarantee depends solely on the bona fides and good faith of the debtor.
THE ROLE OF NOTARIES IN THE IMPLEMENTATION OF THE LEASE PURCHASE SYSTEM AS AN ALTERNATIVE TO BUILDING OWNERSHIP IN PUBLIC HOUSING SAVINGS (TAPERA) Pandita, Nabila Dhiya
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.v23i1.3677

Abstract

Notaries have an active role in implementing a new system, namely lease purchase system as an alternative to transferring a new land ownership rights based on the Public Housing Savings Management Agency Regulation Number 2 of 2023 concerning the Second Amendment to the Public Housing Savings Management Agency Regulation Number 6 of 2021 concerning Housing Financing for Public Housing Savings Participants (Peraturan Badan Pengelola Tabungan Perumahan Rakyat Nomor 2 Tahun 2023 tentang Perubahan Kedua atas Peraturan Badan Pengelola Tabungan Rakyat Nomor 6 Tahun 2021 tentang Pembiayaan Perumahan Bagi Peserta Tabungan Perumahan Rakyat). This is because to be able to apply the lease purchase system in a transfer of land ownership rights, an agreement is needed which for legal certainty to be made into a deed for the parties. Departing from the above, the problem raised in this research is how to implement the lease purchase system as an alternative to financing home ownership and the role of the Notary in making a lease purchase agreement deed which is used as an alternative to transfer land ownership rights. To be able to answer these problems, a normative juridical research method with an explanatory research typology is used. The conclusion that can be drawn from this research is that notaries play an important role in implementing the hire purchase system which has just been issued by BP Tapera as an alternative to transferring land and building ownership rights. So that in order to provide legal certainty, the lease purchase agreement needs to be made in an authentic deed made by a Notary.

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