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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 Responsibility of a Sea Freight Transport Management Services Company for Damage to Goods in a Third-Party Logistics Agreement Ramadhani, A. Zainur Rasyidi; Vandawati, Zahry; Subagyono, Bambang Sugeng Ariadi
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.v23i1.3958

Abstract

This research aims to analyze the limits and forms of accountability carried out by Freight Forwarding companies which are based on TPL agreements. This research is normative legal research with a conceptual, case and statutory approach. The research results confirm that Freight Forwarding's liability limits only cover damage and loss of goods resulting from errors and/or negligence from management and logistics management aspects which are direct losses. In connection with losses that are consequential or indirect, responsibility cannot be held. Liability is excluded in the event of force majeure or losses caused by the carrier. The form of accountability that must be given by Freight Forwarding regarding its mistakes is that first Freight Forwarding must be able to prove that it is not guilty according to the principle of presumption of liability. However, if Freight Forwarding cannot prove that it is not at fault then the form of liability that Freight Forwarding must provide is compensation as specified in the TPL agreement.
The Dilemma Of Indonesia’s Coal Policy In 2020-2060: A Modality Of State Revenue Mulyono, Andreas Tedy; Sihombing, Eka N.A.M.
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.v22i3.3964

Abstract

Coal commodity management policies in Indonesia are closely related to efforts to reduce carbon emissions and increase carbon sequestration. This has the potential to create regulatory synchronization problems because it relates to sectoral challenges from the relevant ministries and/or agencies. To describe the synchronization problem, this research uses a normative juridical method with a statute approach and a conceptual approach. The results of this study are that there are three ministries that are directly or indirectly related to coal management, namely the Ministry of Energy and Mineral Resources, the Ministry of Environment and Forestry, and the Ministry of Finance. The conclusion is that although the 2005-2025 national development target has been announced by the Government, particularly regarding the NZE2060 target, it turns out that the implementation of the regulations in the three ministries has experienced predicaments that have resulted in a dilemma of synchronizing the national climate policy. However, short-term policies implicitly indicate the modality of state revenue as a priority
The Role of Motive in Premeditated Murder Rukanda, Lalu Muhammad; Harun, Rina Rohayu; Ufran, Ufran
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.v23i2.3968

Abstract

The motive behind a crime is contingent upon the perpetrator's mens rea, or their inner attitude and intention, to carry out an actus rea, or the actual commission of a wrongful act. This study seeks to offer a comprehensive examination and evaluation of the significance of discerning the purpose as a means for courts to ascertain the underlying circumstances of planned homicide, so enabling judges to render suitable and equitable judgments. This study employs a normative juridical methodology, which centers on doing literature and legislation research with analytical descriptive research parameters. The research findings indicate a lack of comprehensive elucidation on the motives outlined in Article 340 of the Criminal Code. Hence, the utilization of motive is constrained to the principles of law and the personal judgment of the presiding judge in the trial. As there is no analysis of the underlying intention, the Panel of Judges is not obligated to establish a motive for the homicide based on the information presented. Consequently, a range of conclusions were rendered, with some resulting in acquittal and others in conviction, as the judge did not establish any reason for the murder based on the evidence presented. Nevertheless, according to the Indonesian edition of the Criminal Code, Law no. 1 of 2023, the motive mentioned in Article 54 Paragraph (1) Sub B of the Criminal Code must be present prior to the verdict.
Eliminating Stunting as an Effort to Respect Human Rights (HAM) Abustan, Abustan
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.v21i1.3976

Abstract

Stunting in Indonesia is a picture of poverty and backwardness of society itself. The condition of public health is a worrying sight in the villages. The reality of this very extreme social inequality is clearly occurring in this country. In fact, this happened as a result of failure in development in the human resources sector. What is even worse is the lack of protection and respect for human rights as citizens. Our various national development policies are isolated from their role as instruments of equalization (the great equalizer) which can free poor people from the shackles of poverty. This research was conducted using empirical research and a sociological juridical approach. The aim of the research is to determine the social aspects and dimensions of the implementation of Human Rights, namely the extent to which the government pays attention to handling child nutrition and growth, so that stunting does not worsen in areas (villages). Moreover, remote areas are also part of the unity of the Republic of Indonesia and must be able to become advanced and able to compete fairly with other nations. For this reason, don't let Indonesia's future be filled with many generations who have been exposed to stunting.
IMPROVING GOOD SOE CORPORATE GOVERNANCE THROUGH THE ROLE OF INDEPENDENT COMMISSIONERS Rowi, Muhammad Muchlas; Wahdah, Nurul
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.v21i2.3977

Abstract

Through the Decree of the Minister of State for State-Owned Enterprises (BUMN) No. Kep-117/M-MBU/2002 concerning the Implementation of Good Corporate Governance (GCG) Practices in BUMN, BUMN is obliged to implement GCG principles. The GCG principles required by this decision include the principles of transparency, independence, accountability, liability and the principle of fairness. The problem formulation in this research is (1) What is the role of independent commissioners in BUMN in the context of improving good corporate governance? (2) How are the powers, functions and responsibilities of independent commissioners in BUMN regulated in the context of improving good corporate governance? (3) What is the concept of the role of independent commissioners in BUMN in the context of good company improvement? This type of research is normative juridical legal research, which is a process of discovering legal rules, legal principles and legal doctrines in order to answer the legal issues faced. The legal basis for state financial companies is that if Persero Negara currently in Indonesia suffers losses in its business transactions, Law Number 19 of 2003 concerning Entities is considered to be a state los. By State-Owned Enterprises, Article 1 paragraph (1) states that because the person in charge of managing the Persero is the State-Owned Enterprise, which is in the hands of the Board of Directors, it is the Board of Directors as the party hereinafter referred to as BUMN, that is the Business Entity that must be responsible. Therefore, all provisions and principles that apply to limited liability companies apply to companies as regulated in Law No. 40 of 2007 concerning Limited Liability Companies. It is recommended that one of the important issues that has emerged in the discourse on implementing good corporate governance is the formation of an Independent 
RESPONSIBILITIES OF HEALTH PERSONNEL IN PROVIDING TELEMEDICINE IN MEDICAL PRACTICES IN INDONESIA Widyaningrum, Tuti; Wahdah N., Nurul; Saputera, Januar Agung
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.v21i2.3978

Abstract

Legal relationships in telemedicine practice can be differentiated based on timing, the moment when information is transmitted or interactions between individuals involved in telemedicine practice occur . So telemedicine practice can be divided into two types , namely real time ( synchronous telemedicine ) and store-and-forward ( asynchronous telemedicine ). Research Problem Formulation (1) How is the Legal Protection of Patient Personal Data in Health Information Technology Based Health Services? (2) What are the responsibilities of health workers in providing telemedicine in medical practice services in Indonesia? (3) What are the regulations for implementing telemedicine in medical practice services in Indonesia? This type of research is normative juridical legal research, which is a process of discovering legal rules, legal principles and legal doctrines in order to answer the legal issues faced. The service trade model is called the cross border mode of supply , which is a way of providing services across regional boundaries where the service provider and service recipient are in their respective countries, but the service exceeds/passes the country's territorial boundaries. Developing ICT infrastructure for e-health . Building collaboration with the private sector and profit institutions to support e-health. Develop e-health that can reach the community, especially those who are vulnerable to health problems (vulnerable) and according to their needs, Mobilize cross-sector collaboration in adopting e-health norms and standards, evaluation, cost-effectiveness principles in e-health to guarantee quality, ethics and security while still prioritizing confidentiality, privacy, equity and equality . Developing a center of excellence and e-health network , developing a public health information system model for surveillance, response and emergencies. From the formulation of the WHO resolution as mentioned above, it can be seen that the meaning of state responsibility that must be carried out by each government is very large in efforts to develop the nation's health. The government is responsible for planning, organizing, organizing, fostering and supervising the implementation of e-health services by preparing everything necessary, including health administration, legal and regulatory framework, infrastructure and resolution mechanisms. The WHO resolution requires the government to develop e-Healh to provide value. benefits for marginalized communities, especially those prone to health problems (vulnerable) and in accordance with their needs.
Asymmetric Autonomy in a Human Rights Perspective Sugianto, Bambang; Utami, Iftitah; Rusmini, Rusmini; Hartikasari, Juniar
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.v23i1.3981

Abstract

Asymmetric autonomy is a phenomenon that gives rise to unique dynamics in the context of granting authority to autonomous regions. From a human rights perspective, this phenomenon raises deep questions about the balance between regional autonomy and the protection of individual rights. This research aims to explore the impact and implications of asymmetric autonomy on human rights. This research uses a document analysis approach and literature study to detail the mechanism of asymmetric autonomy and its impact on human rights. The results show that the implementation of asymmetric autonomy can provide significant benefits for local development, but also poses potential risks to individual rights. There is a tension between the regional autonomy granted and the need to protect basic rights. Furthermore, this research highlights the need for a clear regulatory framework and effective oversight mechanisms to maintain this balance. The discussion also includes efforts that can be taken by the government and stakeholders to mitigate the risk of human rights violations in the context of asymmetric autonomy. This research contributes to our understanding of the complexity of the relationship between asymmetric autonomy and human rights. The policy implications resulting from this research can help governments and policy makers in designing regulatory frameworks that support regional development without compromising individual rights.Keywords: Asymmetric Autonomy; Human Rights; Impact; Balance; Regulation
The Relationship Of Placement And Protection Services To Indonesian Labor In Serang District Mofea, Sukhebi
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.v21i2.3985

Abstract

The purpose of this study was to determine the service level of the Service Center for the Placement and Protection of Indonesian Migrant Workers in the Serang District. In the Placement and Protection of Indonesian Migrant Workers from Serang Regency. The research method used is a quantitative analysis approach. The data collection technique was through a questionnaire distributing several questions which were distributed to 278 respondents. The results of this study are that service users are dissatisfied with the services provided by the Service Center for the placement and protection of Indonesian workers in the Serang Regency.. Suggestions need for supervision and coordination from the Center for placement and protection of Indonesian workers, related to placement and protection. Socialization is needed which should be held routinely to provide information to workers and should improve the quality of Human Resources and improve other service support facilities
Examining the Authority Relationship Between the Center and Regions in Determining Policy Authority and Regional Interests Purba, Ahmad Rusly
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.v22i3.3991

Abstract

The relationship between the central and regional governments always has an integrated hierarchical connection. This relationship is linked in the documents of the National Medium-Term Development Plan (RPJMN) and the Regional Medium-Term Development Plan (RPJM Daerah). The integration of regional authority is an extension of central authority, encompassing the management and formulation of policies, financial management, as well as the management of natural resources owned by the region. All these authorities share the common goal of enhancing the region's capability to realize progress and self-reliance. Governance is related to functions such as leading, guiding, commanding, mobilizing, coordinating, supervising, and motivating in governance relationships. In modern governance, some experts categorize government functions into four parts: services (public service), development, empowerment, and regulation. If the government can effectively carry out its functions, it is assumed that services will lead to justice, empowerment will result in self-reliance, and development will create prosperity. Ultimately, in its implementation, regional autonomy is a partial decentralization of authority from the central government to the regional government to be independently managed as their domestic affairs. Granting autonomy to regions must be based on factors that ensure the concerned region is capable of managing its own household.
JURIDICAL ANALYSIS OF SALE AND PURCHASE AGREEMENTS VIA THE INTERNET ACCORDING TO LAW NUMBER 19 OF 2016 Afiyah, Siti
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.v22i1.3992

Abstract

E-commerce is the outcome of applying information technology, enabling transactions between producers and consumers through the internet. This paper addresses two main issues: the validity of online buying and selling, and the responsibilities of the parties involved as stipulated in Law no. 19 of 2016, which amends Law Number 11 of 2008 on Information and Electronic Transactions. The research methodology employed is normative legal research. The findings indicate that the requirements for e-commerce transactions are not fully met, particularly in terms of verifying the parties' skills and authorization to engage in legal actions. However, as long as the transaction does not harm either party, it is considered valid. Legal protection for parties involved in online sales and purchase agreements includes the agreement itself, which is established through mutually agreed-upon rules, as well as the privacy protection outlined in Article 25 of the ITE Law, which safeguards the personal data of both merchants and customers.

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