Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
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1,613 Documents
<![CDATA[Legal Analysis Of The Implementation Of Execution Parate Monitoring Rights By Pt. Bank Of Papua ]]>
<![CDATA[Ingratubun, Muhammad Husni]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i1.3850
<![CDATA[The aim of this research is to determine the implementation of parate execution carried out by PT. Bank Papua and to find out form of execution of collateral objects charged with Rights Dependents.The method used in this research is approach normative law and empirical legal approaches. Legal research Normative is legal research that places law as a norm, rule and statutory regulation. Whereas Empirical legal research is legal research that will provide a complete understanding and response to the law in the context of norms to answer questions about the implementation of the rights execution parate dependents. The research results show that the implementation of the execution parate carried out by PT. Bank Papua is not running well because there is resistance from the debtor who does not want the object the collateral is auctioned off. Pursuant to Article 6 of the Bill of Rights Dependents then the creditor has the right to carry out parate execution without requires a fiat of execution from the Court]]>
<![CDATA[Misuse Of Customer Funds As A Banking Crime In Jayapura City ]]>
<![CDATA[Asmarani, Nur]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.3851
<![CDATA[Misuse of customer deposits as a banking crime is a very worrying and detrimental problem for both customers and the bank concerned. The aim of this research is to analyze, understand and explain that misappropriation of customer deposits is a banking crime and the government should implement a customer deposit guarantee model. The method used is normative and empirical, namely research that examines the literature and applicable laws and regulations using descriptive characteristics, then analyzes it carefully and thoroughly in accordance with the research objectives and looks at the reality that occurs at the research location. The results of the research reveal that misuse of customer deposits by bank leaders, bank employees and stakeholders is a banking crime based on Article 48 paragraph (2) of Law Number 10 of 1998. Legal protection for customers by providing a model implemented by the government to safeguard customer deposits namely the Law on Deposit Insurance Corporation (LPS), Law no. 24 of 2004 which has two functions, namely guaranteeing bank customer deposits and clearing or handling failed deposits as well as synergy between Bank Indonesia and the Financial Services Authority (OJK).]]>
<![CDATA[Merging Cases For Children In Conflict With The Law ]]>
<![CDATA[Suwanto Putra, Steinly]]>;
<![CDATA[Fatmawati Octarina, Nynda]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3869
<![CDATA[This research aims is to describe the problem of legal protection for children, both from a criminal and civil perspective. By identifying differences and weaknesses in existing protection systems, this research seeks to provide an in-depth look at the steps that need to be taken to improve the situation. The research method used in this research is judicial normative with primary sources from journals regarding child protection as well as positive legal products on legal protection for children, especially children in conflict with the law. Legal ideology regarding children in Indonesia still shows differences in approach at various levels and legal domains. The implementation of the law to children and the role of parents as guardians and protectors of children do not yet have sufficient clarity. This condition places children in a very vulnerable position, where protection of their rights and welfare is often not optimal. The role of parents in protecting children is still limited, and the state has not standardized their role or provided adequate space to help children face legal problems.]]>
<![CDATA[PRIVACY RIGHTS IN THE RESPONSIBILITY PERSONAL DATA PROTECTION ]]>
<![CDATA[Hidayah, Ardiana]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3873
<![CDATA[Protection of personal data privacy for e-commerce service users has a major influence on a country, including Indonesia, in the development of the digital economy. This protection is an important factor for trust in online transactions and is especially important in digital transactions. Policies regarding personal data and information in the event of a data leak still do not specifically regulate liability provisions in e-commerce . This research discusses the study of legislation regarding the principle of dignified responsibility in carrying out e-commerce transactions in the context of personal data protection in Indonesia. This research is normative legal research based on library research . This research is based legal responsibility in Law Number 27 of 2022 concerning Protection of Personal Data in a proportional balance in protecting users' personal data.]]>
<![CDATA[Children’s Position from Interfaith Matrimony Following the Issuance of the Supreme Court Circular No. 2 of 2023 ]]>
<![CDATA[nisa, ardina khairun]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3883
<![CDATA[Matrimony, in Islamic law, has a close and inseparable relationship with religion. In fact, almost all religions regulate the issue of matrimony between a man and a woman of the same religion as the most important and highly crucial basis for determining the success of a person’s domestic life because of the birth of a child. The reasons for a child’s position and status are determined based on whether or not their parents’ matrimony is valid. Matrimony between different religions causes problems related to parenting patterns until the children grow up and get married, receiving inheritance and so on. This research aims to find out what the position of children from interfaith matrimony was before and the position after the issuance of Supreme Court Circular No. 2 of 2023. This research used a statutory approach with the normative legal method, and the data analysis method used is qualitative juridical. The results revealed that the position of the child before the issuance of the Supreme Court Circular No. 2 of 2023 is valid and recorded because the parents granted the matrimony petition through the court and the position of the child following the issuance of the Supreme Court Circular No. 2 of 2023 is invalid and is not recorded because it is prohibition on accepting inter-religious matrimony, but special regulations are still needed to determine the position and children resulting from inter-religious matrimony]]>
<![CDATA[DEVELOPMENT OF THE OLD CITY AREA OF SEMARANG WITH THE CONCEPT OF SUSTAINABLE DEVELOPMENT ]]>
<![CDATA[kunarto, kunarto]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.3888
<![CDATA[The development of the Old City of Semarang with the concept of sustainable development is a very interesting thing, because the Old City of Semarang is an area that needs to be preserved which is full of historical aspects. However, in the implementation of development there are many issues that must be analyzed, starting from normative, sociological, historical and economic aspects, of course the ecological concept is also a concern. Thus it is interesting to study the problem, namely: How is the role of law in achieving development towards the welfare of society and How is the development of the Old Town Semarang area with the concept of sustainable development. The results of the analysis show that in carrying out development the role of law is very dominant, because in development the government has a large share as a policy maker, as well as an implementer. But of course there also needs to be community support. Development is essentially a change in people's lives for the better. Related to the development of the Old Town Semarang area, the government has made various breakthroughs, making the concept of how the development can grow the Community Economy and Ecological values that are sustainable, the concept of sustainable development based on the theory is supported by 3 (three) main pillars namely Economic, Social and Environmental. These three concepts are an absolute concept needed to achieve sustainable development.]]>
<![CDATA[Giving Tuor At Mandailing Tribe Marriages Compilation Perspective Of Islamic Law In Mandailing Natal ]]>
<![CDATA[Aripin, Musa]]>;
<![CDATA[Pagar, Pagar]]>;
<![CDATA[Marpaung, Watni]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i1.3889
<![CDATA[The issue of tuor (the amount of money given by the groom to the bride upon the agreement of both families) in the Mandailing tribe is interesting to be studied. This is quite reasonable because the problem of tuor, on the one hand can actually make a number of marriage plans forced to be canceled. At the same time the majority of the Mandailing tribe are devout adherents of Islam. While Islam itself has the same concept as the tuor, namely dowry. Testing tuor at the application level is something that must be done to measure the extent of the phenomenon. On the other hand, measuring tuor conceptually is also needed to provide a complete view. The results showed that the tuor and dowry in the KHI have the same substance, namely the obligatory gift from the prospective husband to the prospective wife. However, the provision of tuor has advantages, namely the philosophy used in determining tuor. Holong (compassion) and Saanak Saboru (feeling that the groom’s family has considered that the bride is their daughter and vice versa). Thus it can be stated that the determination of the amount of tuor will not burden the bridegroom, because the groom in giving tuor is motivated by affection, and at the same time the parents of the bride-to-be will also not ask for something that can burden the bridegroom]]>
<![CDATA[The Halal Capsule Shell in the Perspective of Comparative Islamic Law and Health Law: Opportunities and Challenges ]]>
<![CDATA[Rafianti, Fitri]]>;
<![CDATA[Risdawati, Irsyam]]>;
<![CDATA[Andafi, Muhammad]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3890
<![CDATA[This research aims to analyze and compare the perspectives of Islamic law and health law regarding the use of halal capsule shells. This study is a comparative research that explores legal, ethical, and health aspects in the use of capsule shells that meet halal criteria. Using a qualitative approach, this research collected data from various relevant sources, including Islamic legal texts, health regulations, and related scientific literature. The results show that there are both similarities and significant differences in the standards and interpretations of halal between Islamic law and health law. From the perspective of Islamic law, the halal status of capsule shells is determined by the source of materials and the manufacturing process, while health law focuses more on the safety and effectiveness of the product. The study also identifies opportunities, such as a large market potential for halal products, and challenges, including the need for standardized and integrated halal certification. This research provides new insights into the importance of harmonizing the principles of halal in Islam with health standards, which are crucial not only for Muslim producers and consumers but also for broader social and economic integration. Recommendations for further research and related policies are presented to support the sustainable development of the halal capsule industry.]]>
<![CDATA[Implementation Of The Principle Of Systematic Specification To Criminal Laws In Criminal Cases Of Corruption ]]>
<![CDATA[Martien, Dhoni -]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i2.3892
<![CDATA[This study aims to identify and analyze the application of the principle of systematic specificity in customs criminal law in corruption cases. The research method used is empirical research with case studies through a statutory approach. The results of the research show that the reformulation of the principle of systematic specificity in customs crimes is a derivative of the principle of lex specialis derogate legi generali. The principle of systematic specificity needs to be reformulated by adding paragraph 3 to the provisions of Article 63 of the Criminal Code so that the position, parameters and concept are clear so that it does not cause multiple interpretations. The principle of conditional systematic specificity needs to be studied as a personal subject, the object of the alleged act that was violated, the evidence obtained, as well as the environment and the area of offense before law enforcement]]>
<![CDATA[Legal Protection and Settlement of Electronic Buying and Selling Transaction Disputes Regarding Goods Not Conforming to Orders ]]>
<![CDATA[Myranika, Annie]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i1.3893
<![CDATA[AbstractOnline buying and selling transactions, which are a development of buying and selling activities, are a form of binding agreement for both parties, but are carried out using internet facilities and are carried out without any direct interaction from both parties. This research aims to examine and analyze the law regarding a problem in society regarding online buying and selling transactions that result in goods not being ordered. The research method used in this research is a qualitative juridical method in which an existing problem is analyzed using legal source materials. The results and conclusions in this research are that the development of e-commerce in Indonesia is regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, and Law Number. 8 of 1999 concerning Consumer Protection regulates consumer protection, and forms of resolution of problems regarding online buying and selling can be resolved through court or outside court such as mediation and arbitration.Keywords: Legal Protection; Dispute Resolution; Online Buying and Selling; Inappropriate Items]]>
