cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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 1,243 Documents
 1   2   3   4   5 
Preparation and Obstacle of Notary in Making Notarial Deed in Facing Society 5.0 Era Yotia Jericho Urbanus; I Made Pria Dharsana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): New Edition of Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2186

Abstract

This writing discusses the preparation and obstacle of Notary in making Notarial deed in facing. Notary Deed is an authentic deed made by or before a Notary according to the form and procedure stipulated in Undang-Undang Number 2/2014. According to Article 1868 of the Civil Code, an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This gives an indication that a deed made by a Notary as a public official can be said to be an authentic deed if it meets the requirements as described in the article. The entry of society 5.0 era in Indonesian society causes the need for an adaptation for Notaries in Indonesia in terms of meeting the needs of people who are affiliated with technology, especially in making authentic deeds. Initially, the use of technology such as the use of video conferences, electronic signatures, electronic ID verification tools and the liveliness test system was considered the answer for Notaries in terms of meeting the community's need for authentic deeds, especially in dealing with technological developments that entered all aspects of human life. However, Indonesia as a legal state that has the spirit to always ensure justice and legal certainty, causes all actions taken by a legal subject to be guided by the law that governs it. In this case, there are obstacles in the use of video conferencing, electronic signatures, electronic ID verification tools and the liveliness test system due to the absence of a legal basis that serves as a legal umbrella for their use in making a notarial deed. Furthermore the concept of facing using technological developments cannot be equated with being physically present as described in Undang-Undang Jabatan Notaris.
Philosophical Discussion of Legal and Moral Relationships in Perspective of Natural Law and Legal Positivism Achmad Soeharto; Taufik .; Ong Argo Victoria
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.v21i1.2204

Abstract

The relationship between law and morals has become an academic and philosophical debate throughout the ages, especially in the schools of natural law and legal positivism. The school of natural law always relates law and morals in a close, inseparable relationship, like a coin. The law must contain moral values. Meanwhile, legal positivism clearly separates the relationship between law and morals. Thus the law is not at all related to morality, the problem of law contains moral values or not, not the substance and legal issues, the most important thing is that the law is made by a sovereign ruler. Law is separated from non-juridical elements, such as ethics, morals, politics, economics, sociology, and so on. In other words, the law is purified from something that is not law. With the very sharp differences between the two schools of law, the schools of natural law and legal positivism for hundreds of years have never agreed on the relationship between law and morals. Each has a paradigm, method, theory, and a strong philosophical basis in seeing the relationship between law and morals.Keywords: Natural Law, Legal Positivism, Law and Morals 
Protection of the Customary Land of the Baduy Indigenous Peoples as One of the Supporting Factors for Local Food Security in the Banten Region Jarkasi Anwar; Muhamad Muslih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2226

Abstract

The Baduy indigenous people as one of the ethnic groups in Indonesia have various unique and diverse cultural characteristics. The ethnic groups in Banten for hundreds of years have had their main livelihood, namely farming (ngahuma) and gardening to maintain survival in obtaining food so that this ngahuma is a form of food security for the Baduy indigenous people. Some of the Baduy's ulayat land is used for ngahuma and gardening. Recently, there has been an abuse of Baduy ulayat land by some irresponsible people. Mursyid's father as a traditional leader of the Inner Baduy does not agree with the existence of illegal gold mining around the Baduy area. This will disturb the land and forest ecosystems, especially since these customary rights are in the upstream area which will certainly cause negative things for the Baduy people. The gold mining will cause negative things for the environmental ecosystem in the Baduy area and even threaten the forests protected by the government. Baduy rejects the existence of gold mining if foreign companies exploit it. The expression of one of the Baduy community leaders, "We are the trust of our ancestors, bisi ayeuna Gunung kalebur lebak karuksak karobah great-grandmother, ayeuna proof of Mount Liman menta tulung, menta guarded really I pamarentah".This study describes the exploitation of gold mining around the customary rights area in the Baduy area as well as legal protection efforts from the government for the abuse of the customary rights residential area of the Baduy Indigenous People.The long-term goal to be achieved from this research is to obtain an overview of the current condition of the customary lands of the Baduy people inside and outside the Baduy so that the government can take a stand, help maintain and prevent gold mining activities in the area of customary rights of Baduy from being disturbed. outsiders.The specific target to be achieved from this research is to ensure that the Baduy community can use food land for ngahuma and gardening to the maximum so that the food security of the Baduy indigenous peoples is maintained.This research uses normative juridical and sociological normative legal research methods. This research is descriptive analytical and uses primary data sources and secondary data sources. Descriptive in this study is a description of the situation, condition, condition, and reality of ulayat land or customary land in the Baduy community which is misused by irresponsible elements so that it has a major impact on the food security of the Baduy community. Then analyze what the problem is in order to find a solution to the problem. Sources of data used in this study were obtained from Library Research (Library Research). Normative Jurisdiction in this study is a discussion of several existing regulations. Sociological Normative Research on law constructs law as a system of laws and regulations that have existed so far and then constructed in a society's behavior. This study also uses primary data sources and secondary data which are analyzed using qualitative methods, with data collection techniques from library studies and field studies to the Inner Baduy and Outer Baduy. Interviews and observations were conducted to obtain the necessary data. The data obtained through field research and literature study were analyzed in a qualitative normative manner to obtain clarity on the problems to be discussed.
The Paradigm of Termination of Employment Relationship Againts Worker/Labor Suspected in Criminal Action Peter Jeremiah Setiawan; Xavier Nugraha; Elma Putri Tanbun
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.2239

Abstract

After the issuance of Law Number 11 of 2020 on Job Creation, several policies in Indonesia are amended, including the Manpower Law, especially regarding the termination of employment relationship on worker/labor suspected of committing a criminal action. This research is a normative legal research that uses a statutory approach and a conceptual approach. The result of this research shows that there has been a change of paradigm on the policy of termination of employment relationship against worker/labor suspected of committing a criminal action, which previously was based on the principle of presumption of guilt and became the principle of efficiency of justice. This happened since the policy on the termination of employment relationship based on the principle of presumption of guilt creates several issues, such as the lengthy period to wait for a legally binding decision, employers are unable to get a substitute worker/labor, worker/labor who has not been working in a long period will find difficulties when he returns to work.
New model of maritime law enforcement for the empowerment of Indonesian marine agent security Irma Rachmawati Maruf; Kamarulnizam Abdullah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): New Edition of Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2245

Abstract

Law enforcement is very crucial for Indonesian safety in sea maritime. In many countries, the agency enforces maritime law. Mostly of legal international trade moves by seas and is illegally used by smugglers transporting prohibited substances or illegal migrant workers.   Ships are also vulnerable to violence. Ships are robbed or hijacked, raising concerns that such attacks could finance terrorism or result in seized vessels being used as floating bombs to attack essential ports. The Indonesian Government may also have a strategic policy to prevent such illegal carriage by sea. It must have harmonies of the regulations state competing interest in exploiting and regulating maritime activities. This article will seek agencies to implement law, security, and safety at sea and review marine agencies. The agents are expected to avoid law enforcement in the sea, which is currently ineffective, causing competition between authority institutions or interests, all of which are detrimental to implementing the rule of law itself. In Indonesian shipping law, law enforcement of marine law is not only be handled by one department. Some regulations give different authority to any department to force the direction. So, there is no integration system to move the marine law if the law separates the sectoral approach that caused many law problems; one of them is an overlap in authority which tends to be a conflict of interest among them. Law enforcement at sea has particular characteristics and extraordinary scopes under the applicable legal regime in the sea area
Notary Role in The Development of Tourism Industry: An Analysis of Business Licensing Policies Alfian Anditya; I Made Pria Dharsana
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.v21i2.2261

Abstract

The issuance of Law No. 11 of 2020 on Job Creation with its implementing regulations has marked a new era in the business licensing process in Indonesia since the introduction of the Online Single Submission system in 2018. These new licensing policies offer a more simplified licensing process and requirements that are designated to be applicable for every business sector in its establishment process, including the tourism sector as one of the nation’s biggest economic contributors. To obtain such benefits, tourism business players shall provide clear business information during the process of business registration in the licensing system and such information shall be provided under authentic corporate deeds that are made by a notary. This paper uses desk study research with a normative approach in analyzing the laws on licensing process, tourism sector, corporate matters, and notarial works that are prevails in Indonesia. This paper is not only elaborating on the business licensing process since the enactment of Law No. 11 of 2020 on Job Creation but it also analyses the relationship between the business licensing process and the notary’s responsibility as a public officer who is authorized by the law to draw authentic deeds. By understanding that relation, the correlation between the notary’s role and the development of the national tourism business, especially at the regional level could be identified. Thus, one of the efforts in developing tourism business across Indonesia is realized through notaries’ capability in understanding tourism business and its relevant legal knowledge together with an equal notary distribution in tourism destination areas.
Smart And Green Campus Regulatory Design As Untirta's Legal Policy To Improve the Quality of Participatory Higher Education Agus Prihartono P.S.; Lia Riesta Dewi; Fatkhul Muin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): New Edition of Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2265

Abstract

The formation of a policy regulation does not have general guidelines because it is the authority of each institution which is not binding on other institutions and is weak in giving sanctions, while the formation of a statutory regulation must be guided by Law Number 12 of 2011 concerning the Establishment Laws and regulations that have been amended by Law Number 15 of 2019 by providing space for the public to participate. This research uses qualitative research methods with a normative juridical approach. Sultan Ageng Tirtayasa University is one of the State campuses in Banten, which needs to design smart and green campus regulations to improve the quality of participatory higher education. This policy is a legal policy to shape the quality of higher education as smart and green campuses
Legal Study of Protection of Cultural Heritage Objectives in The Old Banten Tourism Area Nurikah Nurikah; E Rakhmat Jazuli
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.v21i2.2271

Abstract

Based on the Decree of the Governor of Banten Number 437/Kep.160-Huk/2018 concerning the Zoning Determination of the Cultural Heritage Area of the Sultanate of Banten (Banten Lama). The existence of this decision has brought Banten Tourism currently experiencing significant development, especially in the tourist area. This happened after the Banten Provincial government carried out tourism development. The government has a role to synergize tourism development with the function of protecting cultural heritage objects and the community environment around the cultural heritage area of the Banten Lama, to create sustainable tourism based on the preservation of cultural heritage objects as the core area of cultural heritage. The role of the government is crucial to regulate efforts to manage cultural heritage objects as a form of legal study for the protection of tourism resources and to preserve cultural heritage objects as heritage tourism attractions in the Banten Lama area by establishing a core area of 172.58 hectares and a buffer area of 754.36 hectares. Also, involving the community is a tourism resource that must maintain the quality of the tourism environment to create Sapta Pesona and Tourism Awareness to create a conducive climate for the protection of cultural heritage objects in the Banten Lama Tourism area
Notary Responsibility for Legal Smuggling in the Issuance of Absolute Deed of Power of Attorney for Sale and Purchase of Land Rizky Hadiwidjayanti; Liza Prihandhini
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): New Edition of Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2288

Abstract

This paper analyses the Notary's Responsibility for Legal Smuggling Acts in the Issuance of Absolute Power of Attorney for The Sale and Purchase of Land. In analysis used juridical-normative legal research methods. The data were collected through literature studies and analyzed qualitatively. This study concluded that in the case of the Batulicin District Court Decision Number 06/Pdt.G/2018/PN Bln, a notary named Pang Andreas Pangestu committed an unlawful act because he issued a Deed of Power of Attorney, which was categorized as an Absolute Power of Attorney containing the clauses referred to in the Instruction of the Minister of Home Affairs Number 14 of 1982, which was a form of legal smuggling to avoid obligations and prohibitions that had been regulated in legislation. Therefore, the Power of Attorney Deed was annulled. The Notary, in his position as a PPAT in doing the deed, is burdened with his responsibility. Such duties include criminal, civil and administrative liability. In this case, the Notary can be subject to civil commitment, which is punished with compensation of Rp 1,500,000,000 (one billion five hundred million rupiah) due to unlawful acts committed by him and can be subject to administrative responsibility also because the Notary committed violations in the UUJN, especially Article 16 paragraph 1 letter a.
Analysis of Overmacht Credit Agreements During Pandemic (Case Study of Loss Claims Rejections By Judges) Rully Syahrul Mucharom; Toto Tohir Suriaatmadja; Dey Ravena; M. Faiz Mufidi
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.v21i2.2290

Abstract

The purpose of this research is to identify and analyze Covid-19 as a form of comparative advantage and the consequences of the advantage method in loan agreements and loan termination policies due to the Covid-19 pandemic. The research method is norm-law. It is a legal research method that examines and studies the provisions of legislation as a basis for subsequent analysis of the issues discussed. The research uses primary and secondary legal material for analysis through the study of relevant documents and literature. The analysis is a qualitative analysis that addresses the question in question. According to the research, Covid-19 is an unnatural disaster and thus can be classified as a measure of superiority. As a priority relationship, the laws governing the spread of Covid-19 result in a priority relationship with the loan agreement, which means that the debtor must continue to meet his obligations to the debtor even after Covid-19 is over. When it was implemented following POJK 11/2020, the debtor obtained credit relief through restructuring in the form of interest rate cuts, extension of maturity, reduction of funds owed, and interest reduction in arrears according to the restructuring table issued by the bank. After verification and analysis by the bank, the affected debtor Covid- 19

Page 3 of 125 | Total Record : 1243

 1   2   3   4   5 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 3 (2024): Pena Justisia Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): PENA JUSTISIA Vol. 22 No. 3 (2023): Pena Justisia Vol. 22 No. 2 (2023): PENA JUSTISIA Vol. 22 No. 1 (2023): New Edition of Pena Justisia Vol. 21 No. 2 (2022): PENA JUSTISIA Vol. 21 No. 1 (2022): PENA JUSTISIA Vol. 20 No. 2 (2021): PENA JUSTISIA Vol. 20 No. 1 (2021): PENA JUSTISIA Vol. 19 No. 2 (2020): PENA JUSTISIA Vol. 19 No. 1 (2020): PENA JUSTISIA Vol. 18 No. 2 (2019): PENA JUSTISIA Vol. 18 No. 1 (2019): PENA JUSTISIA Vol. 17 No. 2 (2017) Vol. 17 No. 1 (2017) More Issue