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 Protection of Personal Data of E-Commerce Users According to Indonesian Laws ]]>
<![CDATA[Kunantyorini, Anik]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i2.3899
<![CDATA[In this rapidly developing era, the existence of the internet is not only for learning media, but can also be used as a promising source of income in today's era. In addition, the internet can also be used as a means of getting convenience in buying and selling transactions, because the ease of access to the internet today makes it very easy for people to make online transactions, besides being easy, this is considered more practical, especially during a pandemic that never ends like today. The rise of online shopping has resulted in new problems arising in the field of consumer protection law. One of the issues that need attention is the protection of personal data of consumers who carry out online shopping activities. The intended personal data such as family card numbers.]]>
<![CDATA[LEGAL IMPLICATIONS OF CULTIVATION RIGHT ISSUED ON MINING BUSINESS PERMIT (Case Study of Issuance of Cultivation Right Certificate Number: 00090/Bangka on Behalf of GUNUNG PELAWAN LESTARI (GPL) COMPANY ON MINING BUSINESS PERMIT OF TIMAH COMPANY in Bangka ]]>
<![CDATA[azizah, nur]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i3.3901
<![CDATA[This thesis was aimed to find out and analyze whether the issuance of a Certificate of Cultivation Rights on Mining Business Permit (IUP) complies with the secure principle that can guarantee legal certainty and the implications of issuance of Cultivation Right Certificate on an IUP for Cultivation Right and IUP holders. This research applied a normative legal research or library research method, which was carried out by examining library materials or secondary data. Based on the research results, the authors concluded that: First, the issuance of GPL Company in accordance with the provisions of the Laws and Regulations in the field of land, and also in accordance with the fact that IUP was not the ownership of land rights, so there were no land rights as referred to in Article 16 paragraph (1) Law Number 5 of 1960 concerning Agrarian Fundamentals Regulations (UUPA) which were born earlier on the land in question, as well as considering the agreement between TIMAH Company as the holder of Mining Business Permit and GPL Company as the holder of land rights is included as part of the consideration in the decision on granting Cultivation Rights to GPL Company met the secure principle. Second, the legal implication of issuing a Cultivation Right Certificate above the IUP for GPL Company as a land rights holder and TIMAH Company as an IUP holder was that the Cultivation Right of GPL Company was the legitimacy of legal land rights and received legal protection so that they did not overlap with IUP.]]>
<![CDATA[CIVIL LAW AND CRIMINAL LAW ASPECTS OF HOAX NEWS IN ELECTRONIC MEDIA ]]>
<![CDATA[rafiqi, rafiqi]]>;
<![CDATA[maswandi, maswandi]]>;
<![CDATA[marsella, marsella]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3909
<![CDATA[The advancement of information technology (internet) and allforms of benefits in it brings its own negative consequences whichare increasingly troubling the community. The abuse that occursin this cyber space is what is then known as cyber crime orInformation Technology and Electronic other regulators use theterm computer crime. The formulation of the problem in this studyis how the aspects of Civil Law and Criminal Law of Hoax newsElectronic Media How Efforts in Identifying the Spread of Fake /Hoax News as a Form of Cyber Crime in Indonesia. The researchmethod in this writing uses Normative Juridical, the nature of thisresearch is prescriptive research. The results of the discussion inthis study are aspects of civil law and criminal law ElectronicMedia Hoax News In Article 1372 of the Civil Code states thatcivil suits regarding defamation are aimed at obtainingcompensation and restoration of honor and good name. Themeasure used to determine whether a person's actions haveoffended honor is very broad. The difference between the regulationof fake news in Law Number 1 of 1946 concerning Criminal LawRegulations and the regulation of fake news regulated in LawNumber 11 of 2008 and Law Number 19 of 2016 concerningInformation and Electronic Transactions is that Articles 14 and15 do not mention what kind of fake news, while the Informationand Technology Law is more detailed in mentioning fake news inthe context of electronic transactions and speech that causeshatred. Efforts to Identify the Spread of Hoaxes as a Form of CyberCrime in Indonesia The Chairperson of the Indonesian Anti-HoaxSociety, Septiaji Eko Nugroho provides 5 simple steps that can helpin identifying hoaxes and which are real news, the followingexplanation Be careful with provocative titles, Look at the siteaddress, Check the facts, Check the authenticity of photosParticipate in anti-hoax discussion groups.I. IntroductionThe advancement of internet technology has led to new]]>
<![CDATA[Multiple Legislative Candidates in Different Political Parties: Morality in the Perspective of Philosophy of Law ]]>
<![CDATA[Budisetyowati, Dwi Andayani]]>;
<![CDATA[Nainggolan, Indra Lorenly]]>
<![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.v23i2.3913
<![CDATA[This research analyzes the challenges associated with legislative candidates simultaneously registered by two distinct political parties and engaging in electoral processes. The requirement of a statement for a candidate to be nominated by only one political party in the general election needs to be revised to address the problem at hand. Efforts are needed to enhance the role of political parties participating in the election. Political parties face a challenging task as institutions authorized to register their members as legislative candidates. The institutional strengthening of the role of political parties in political recruitment is necessary. The selection process carried out by political parties aims to produce competent individuals prepared to assume public office. Apart from that, the moral attitudes of political party cadres as legislative candidates are tested before taking office. All mechanisms employed by political parties should be conducted democratically and with integrity. One proposed mechanism is to set a requirement that legislative candidates must have been members of a political party for at least five years. This five-year membership requirement should be introduced alongside the requirement for candidates to be nominated by only one political party. Consequently, it is imperative to amend the election law by including a provision that mandates a minimum five-year membership in a political party. This study adopts a normative juridical methodology underpinned by a conceptual framework guided by the relevant statutory regulations.]]>
<![CDATA[Handling Victims at the Badan Narkotika Nasional of North Sumatra Province through Fardiyah Da'wah ]]>
<![CDATA[hasibuan, achiruddin]]>;
<![CDATA[kholil, syukur]]>;
<![CDATA[mailin, mailin]]>;
<![CDATA[farady marta, rustono]]>
<![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.v22i1.3916
<![CDATA[This study aims to describe the Islamiccommunication pattern of Badan Narkotika NasionalProvinsi Sumatera Utara/the National NarcoticsAgency of North Sumatra Province (BNNP-NorthSumatra) in order to prevent victims of narcoticsabuse in Medan City. The research also describes theobstacles experienced by BNNP-North Sumatra in aneffort to prevent victims of abuse This researchparadigm relies on constructivism with a qualitativeapproach and uses descriptive research, while theresearch method uses case studies. The results of thisstudy indicate that the BNNP of North Sumatra usesan Islamic communication pattern based on theanalysis of fardiyah da'wah, which also contains theprinciples of Islamic communication. The obstacleexperienced by the foundation while preventingvictims of drug abuse is the low self-restraint in thecommunity. The recovery process for victims of drugabuse at LRN (Lembaga Rehabilitasi Narkotika/Narcotics Rehabilitation Institute) Khalid Bin Walidas a rehabilitation center is through three stages ofrehabilitation, namely: pre-rehabilitation,rehabilitation process, and post-rehabilitation]]>
<![CDATA[The Dynamics of the Elements of Abuse of Authority in the Authority of the Administrative Court After the Enactment of the Latest Job Creation Law ]]>
<![CDATA[Utama, Alif Wili]]>
<![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.v23i1.3918
<![CDATA[Abuse of authority as part of testing the discretionary authority of the State Administrative Court has changed with the presence of Law No. 6 of 2023 concerning Job Creation. Changes can be seen in Article 175 number 2 of the UUCK which expands discretion by eliminating the requirement that it is contrary to the law. However, Law No. 30 of 2014 also does not emphasize the definition of authority testing, thus creating problems, namely the blurring of the parameters of discretion testing by the State Administrative Court Judges. The author also conducts a comparative study with France to find trends in global solutions in solving problems. This research uses normative legal research methods that analyze applicable laws and regulations accompanied by literature studies in the form of books, journals, and other literature. The dynamics of the elements of Abuse of Authority from the UUAP to the birth of the existence of the UUCK has brought the consequences of a paradigmatic shift in the concept of discretion, which was originally limited to be freed because of the elimination of the requirement not to conflict with the provisions of the legislation. However, considering that discretion is actually only the (free) authority possessed by a State Administrative Officer to make a decision and/or take an action, the decision and/or action as a manifestation of the discretionary authority is still bound by the provisions of Article 52 of the UUAP regarding the legal requirements of a decision. The State Administrative Justice System in France and Indonesia has a difference that lies in the phrase used, in France using the term abuse of power, or what is called detournement de pouvoir. This reason is used if an official in issuing an administrative decision deliberately uses his/her authority for purposes that deviate from the original purpose/intention, in contrast to Indonesia which defines abuse of authority more complexly as a form of exceeding authority, mixing authority, and arbitrariness.]]>
<![CDATA[LEGAL PROTECTION OF COPYRIGHT REGULATIONS FOR RELIGIOUS-BASED WORKS: A LEGAL AND MORALITY REVIEW BY RONALD DWORKIN ]]>
<![CDATA[Arjana, Nyoman]]>;
<![CDATA[Agus Kurniawan, I Gede]]>
<![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.v23i1.3921
<![CDATA[Hak cipta melindungi karya intelektual, termasuk yang berbasis agama, namun pengaturannya masih diperdebatkan karena bersinggungan dengan moralitas. Perspektif Ronald Dworkin mengenai hukum sebagai praktik interpretasi dapat diterapkan dalam menyelesaikan sengketa hak cipta atas karya keagamaan. Penelitian ini bertujuan untuk menganalisis pengaturan perlindungan hak cipta atas karya berbasis agama di Indonesia dan penerapan konsep moralitas Ronald Dworkin untuk perlindungan hukum yang adil. Penelitian ini menggunakan metode normatif dengan pendekatan konseptual dan legislasi untuk menganalisis data primer dan sekunder terkait perlindungan hukum hak cipta atas karya berbasis agama. Hasil analisis disajikan secara deskriptif dan kualitatif untuk merumuskan argumen menjawab permasalahan penelitian. Temuan penelitian menunjukkan bahwa pengaturan hak cipta di Indonesia berdasarkan Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta telah memberikan perlindungan mendasar terhadap karya intelektual yang berdasarkan nilai-nilai agama. Kitab suci, buku, musik, seni, dan cerita rakyat bertema keagamaan umumnya dilindungi dalam domain publik dan pribadi. Namun, ada pengecualian untuk penggunaan non-komersial dan tujuan akademis tanpa memerlukan izin pencipta. Hak moral tetap dihormati dengan mengakui sumbernya. Aturan tersebut dinilai mampu menyeimbangkan antara melindungi hak ekonomi pencipta dan memberikan akses masyarakat terhadap karya keagamaan. Konsep moralitas Ronald Dworkin relevan untuk diterapkan dalam Undang-Undang Hak Cipta Indonesia untuk menjamin perlindungan hukum yang adil terhadap karya keagamaan. Penggunaan karya keagamaan secara komersial tanpa izin tetap dianggap sebagai pelanggaran hak cipta. Namun, penggunaan non-komersial untuk tujuan akademis dan sosial harus diperbolehkan dengan tetap menyebutkan sumbernya. Durasi perlindungan juga perlu dipersingkat untuk mempercepat transisi nilai-nilai agama ke ranah publik. Penerapan konsep moral Dworkin memerlukan revisi UU Hak Cipta melalui diskusi publik dengan tujuan merumuskan peraturan yang adil bagi pencipta dan masyarakat.]]>
<![CDATA[Humanitarian-Based Wage System Based On Constitution NRI 1945: Policy Evaluation Study Indonesian Wage System ]]>
<![CDATA[Syirfan, Muhammad Addi]]>;
<![CDATA[Kunantiyorini, Anik]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i2.3926
<![CDATA[This research was compiled on the urgency of labor problems in the wage sector in Indonesia. The government based on the mandate of the law must realize the ideals of the nation, fulfill and protect the rights of its citizens, and strive to form a humane social sphere of society. This obligation is implemented through a set of rules that seek the values of Pancasila, especially human values and the 1945 NRI Constitution. The method used is a normative legal research method with a legal approach and a concept approach. This research is supported by secondary data that provides an overview of the discussion in the study. The formulation of the problem raised in this study is the concept of the ideal wage policy and how the humanitarian-based wage system. The result of this study is the concept of an ideal wage policy that is oriented toward fulfilling the welfare of workers and their families. However, the wage is still by the ability of entrepreneurs so that it remains balanced by considering the value of KHL. The humanitarian-based wage system emerged as a solution to labor law problems. This concept is one of the steps to construct legal norms of wage policy so that the content is based on human values as stated in the Second Precept of Pancasila. Keywords: evaluation of upbringing; humanitarian dissemination; upbringing system; wages under the Constitution]]>
<![CDATA[ENFORCEMENT OF LAW REGARDING ENVIRONMENTAL DAMAGE DUE TO MINING ACTIVITIES ]]>
<![CDATA[Bidul, Sayang]]>;
<![CDATA[Widowaty, Yeni]]>
<![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.v23i2.3931
<![CDATA[This research discusses law enforcement regarding environmental damage due to mining activities. The research method used is sociolegal research. Research results: Mining activities not only have a positive impact on sustainable development, but mining activities also cause environmental damage, including: river water pollution, air pollution and land pollution in mining areas. Company accountability is very necessary because environmental damage that occurs needs to be repaired through the principle of absolute responsibility in Article 88 UUPLH, but recently there has been a change in the meaning of absolute responsibility in Article 88 UUPLH where the phrase without proving fault has been deleted in Law Number 6 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law so that if environmental damage occurs, it must be proven that the damage was caused by the company's mining activities. Ideally there is enforcement of Article 88 in Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law regarding strict liability regulations that companies must be absolutely responsible to the community by providing compensation in accordance with losses. suffered by the community and companies are also obliged to carry out environmental restoration.]]>
<![CDATA[On The Special Administrative Disputes in Indonesia: Legal Certainty or Legal Uncertainty ]]>
<![CDATA[Ariyanto, Bambang]]>;
<![CDATA[Sukardi, Sukardi]]>;
<![CDATA[Ristiawati, Rosa]]>
<![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.v23i2.3932
<![CDATA[The evolution of State Administrative Court Procedure Law is highly dynamic, in accordance with the implementation of multiple laws and regulations that govern the State Administrative Court. In the past, the procedural law of the TUN Court consistently made reference to Law no. 5 of 1986 in connection with Law no. 9 of 2004 and Law no. 51 of 2009. However, the procedural law of the State Administrative Court has undergone further development. Furthermore, there are already other sector-specific rules that have been established to particularly govern the resolution of some administrative court issues. Examinations that are not categorized as Ordinary Events, Quick Events, or Short Events are generally referred to as Special administrative court Disputes. The question at hand is whether the presence of this unique administrative court disagreement ensures legal assurance under the procedural law at the administrative Court, encompassing the mechanism for resolving such disputes. The study methodology employed is normative juridical, utilizing both a legislative approach and a conceptual approach. The Special TUN dispute category encompasses requests for abuse of authority tests, positive fake requests, public information disputes, land acquisition disputes for development in the public interest, and general electoral process issues. Among the various disputes in the Special State Administrative Court, the issue of the Positive Fictitious Petition lacks legal certainty. This is because the procedural law is governed by a Presidential Regulation that is not consistent with the 1945 Constitution of the Republic of Indonesia, which stipulates that judicial power must be regulated by legislation.]]>
