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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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Legal Politics Of Criminal Responsibility In Reform Policy Juita, Subaidah Ratna; Junaidi, Muhammad -; Supriyadi, Supriyadi -
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.v23i1.3993

Abstract

Law Number 1 of 1946 established the Criminal Code (KUHP), which was once a translation of Wetboek van Strafrecht and will remain in effect until the end of 2022 with all of its changes. The fundamental ideal that the entire Indonesian people strives for—liberation from all notions of colonialism—is carried out through the dialectical process of the Criminal Code in legislative actions for 60 (sixty) years. Therefore, the adoption of Law Number 1 of 2023 respecting the Criminal Code expresses the concepts of decolonization, recodification, democratization of criminal law, and adaptive harmonization. This study focuses on the legal politics of criminal responsibility from the standpoint of national criminal law reform. It seeks to address the following issues: (1) What is the legal politics of criminal responsibility in current positive criminal law?; and (2) What is the criminal responsibility law's political reform policy at the national level? This study compares criminal culpability under the old and new Criminal Codes using a comparative approach and a juridical-normative approach as its primary methodology. The primary focus of this study is secondary data, which encompasses both primary and secondary legal resources. Qualitative analysis techniques were used to analyze the data in the interim. The study's findings demonstrate that the fundamental tenet of criminal law reform—the principle of balance—is a fresh approach to the legal politics of criminal responsibility in the context of national criminal law reform. This approach is motivated by the Pancasila balance values, which are defined as Godly, Human, and Community values.
Implementation Of Regional Trade Agreements In North Sumatra From The Perspective Of Positive Law And Islamic Law (Analysis Of The Advantages Of North Sumatra Regional Products Maryani, Halimatul -; Pagar, Pagar -; Zulham, Zulham -
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.v23i1.3994

Abstract

Law is a rule that applies among society which contains orders and prohibitions, norms, sanctions relating to human life and life which are of course integrated with nature, and not only internally (nationally) but also regionally and even internationally since entry into force of international agreements in Indonesia. Local wisdom is a support for the strength of a region, especially North Sumatra, to organize neatly the consequences of the implementation of regional trade agreements in Indonesia. So, this presentation examines the Afta-China regional trade structuring model through strengthening local wisdom in North Sumatra, while also aiming to provide solutions to the Indonesian people, especially the people of North Sumatra, that in terms of regional trade structuring offered in this presentation, it is organized through linkages. local wisdom. This means that with the strength of local wisdom possessed by a region, it can be competitive in regional circles. Therefore, the method used in this paper is an empirical juridical research method which not only analyzes data based on policies, but the research team also conducted interviews with parties related to the research theme in this presentation, which is categorized as agricultural sources as staple food producers. . The aim is to study the implications of regional agreements from the perspective of positive law and Islamic law, especially in North Sumatra
Analyzing the Authority Relationship Between the Center and Regions in the Reconstruction of the Execution of Decisions in Industrial Relations Dispute Resolution Cases Based on Progressive Law Affan, Ibnu
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3995

Abstract

The enforcement of general civil procedural law in the execution process of Industrial Relations Dispute Resolution (PPHI) cases, as mandated by Article 57 of the PPHI Law, has resulted in a slow execution process. Based on this, there is a need for adequate political awareness among stakeholders to carry out the reconstruction of the legal execution of PPHI case decisions. In order for this legal reconstruction movement to arise from the nation's political will, it is necessary to implement political policies. Based on the above explanation, the issues in this research can be formulated as follows: 1) How is the current implementation of the execution of decisions in industrial relations dispute resolution cases?; 2) What are the weaknesses in its implementation?; 3) What is the ideal reconstruction of the execution of decisions in industrial relations dispute resolution cases based on progressive legal justice? This research is descriptive, using empirical legal research and a socio-legal juridical approach. The research data sources are obtained from primary and secondary data. To collect primary data, observations and interviews are conducted, while obtaining secondary data involves studying legislation, jurisprudence, research results, academic works, dictionaries, and other relevant materials. This research will ultimately result in an ideal reconstruction of the execution of PPHI case decisions based on progressive legal justice, which will be incorporated into articles in the amendment of the PPHI Law, including: regulating the direct seizure of immovable property without specifying a limit on the amount of seizure by reconstructing Article 197 paragraph (1) HIR/Article 208 paragraph (1) RBg, exempting execution fees for claims worth IDR 150,000,000 (one hundred and fifty million Indonesian rupiahs) or more by reconstructing Article 58 of the PPHI Law, and prohibiting legal remedies such as Judicial Review by reconstructing Article 66 of the Supreme Court Law.
Juridical Analysis of the Application of the Principle of Contractual Balance in the Law of Agreements Ardiansyah, Irfan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.3996

Abstract

In the law of agreements, standard contracts have long been used in various contracts. The use of standard agreements is closely related to economic advancements that demand efficiency in cost, time, and energy expenditure. Standard agreements do not reflect the principle of balance between the parties in the agreement. The imbalance in positions in standard agreements is caused by the parties having unequal bargaining positions, resulting in "unreal bargaining." The purpose of this research is to understand the implementation of the principle of balance in agreements that use standard agreements. The method used in this research is normative, referring to legal norms found in regulations, using qualitative data and a descriptive-analytical approach. The research results indicate that imbalance occurs when the parties are in different economic strengths. The balance of an agreement is not solely determined by the positions of the parties but also by aspects of good faith. There are three aspects for the balance in an agreement to be achieved: the actions of the parties, the content of the agreement, and the implementation of the agreement. Ultimately, this will become binding for the parties involved.
Design of Government Organs to Achieve Regulatory Reform in Indonesia: Learning from Malaysia and Vietnam Eka Dewi, Natalia Nanda; Sjarif, Fitriani Ahlan
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.v23i1.3997

Abstract

In an attempt to reform regulation in Indonesia, this study looks at best practice designs that have been adopted in Malaysia and Vietnam in order to determine the optimum government organ in the field of law. Indonesia ought to take a cue from the successful regulatory reform initiatives in Malaysia and Vietnam and establish dedicated agencies that have enhanced the calibre of legislation and regulations. This essay uses a normative legal approach that is descriptive as well as prescriptive. The talk explains how government bodies that deal with a variety of laws are designed to meet the specific demands of the several nations that make up the group. Vietnam adopts the institution's design, which is the assembly in the field of laws and regulations, which holds the position of the highest representative organ, while Malaysia adopts the design of a particular institution with the primary function of guaranteeing the entire process of forming laws and regulations that apply centrally. As per Law Number 15 of 2019 regarding Amendments to Law Number 12 of 2011 regarding the Establishment of Legislation, Indonesia is recommended to establish ministries or institutions whose specific design and existence must be determined as close to the center of government as possible.
THE NATURE OF THE SUPERVISION OF THE COUNCIL OF REPRESENTATIVES ON THE FUNCTION OF LEGISLATION IN INDONESIA indriyani, santi; Febrian, Febrian; Zanibar, Zen
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.v22i2.4001

Abstract

The House of Representatives is the holder of legislative power, which is expected to be able to produce quality legislative products in accordance with the legal needs of the community. However, the reality was the opposite of what was expected, resulting in public rejection. so that a judicial review must be submitted to the Constitutional Court. The purpose of this article is to find out how the nature of supervision of the council of people's representatives on the functions of law in Indonesia. The research method used is a normative legal research method with a qualitative approach to provide a descriptive explanation. The results of research analysis related to the nature of the DPR's oversight of the legislative function in Indonesia indicate that the supervisory function consists of the legislative function, democratic values, the value of balance, the value of truth, the value of benefits, and the principles contained in the DPR's supervisory function. 
Legal Protection for Bank Customers for Bank Fund Transfer Errors Gani Irwansyah, Muh; Saleh, Moh.
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.v23i2.4003

Abstract

This research aims to analyze the legal protection provided to bank customers in cases of erroneous fund transfers by the bank. The research method used is a normative legal research method with a statutory approach and literature study. This research identifies and analyzes legal regulations that regulate legal protection for bank customers in cases of erroneous fund transfers, such as the Banking Law, Bank Indonesia regulations, and related court decisions. The research results show that bank customers have rights that are protected by legal regulations. If there is an error in transferring funds by the bank, the customer has the right to recover the incorrectly transferred funds, compensation for losses incurred, and compensation for loss of business opportunities or reputation that may occur. This research provides recommendations for improving legal protection for bank customers in cases of erroneous fund transfers. Recommendations include improving existing legal regulations, increasing customer awareness of their rights, and increasing supervision of banks by competent authorities.
Legal Policy Conception of Drug Abuse Prevention in Higher Education (Study on the prevention of drug dangers through courses) Zulkarnain, Zulkarnain; Alfauza, Zaid
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.v23i1.4004

Abstract

  Abstract                                                                          The concept of preventing drug abuse through universities has never been carried out, until now universities have implemented drug abuse prevention on campus, but the prevention is only active, not yet a structured program. Another problem is that many high school leaders still view a victim of abuse and addicts as a criminal. This study aims to formulate the concept of drug abuse prevention in higher education through courses. This research is an empirical research with a descriptive nature of analysis. The results of this study show that legislation has mandated the prevention of drug abuse in universities. The concept of preventing drug abuse in Indonesia through courses can be done by making the Anti-Drug Investigation Course into a General Course (MKDU) and special courses for certain study programs that are directly related to drug problems such as the Addiction Counseling Course and the Narcotics Crime Course. Prevention of drug abuse through courses in Indonesia has strategic prospects. With the existence of Anti-drug education courses, the campus is directly involved in the prevention of drug abuse. Furthermore, prospects in the context of developing drug courses can be carried out, including the preparation of teaching materials or Anti-Drug Education Books. Furthermore, future research is expected to be able to create a drug-clean campus with clear indicators and measurable standards.
Politics of Environmental Permit Law in Sustainable Development Perspective Mulyani, Tri -; Muryati, Dewi Tuti; Triasih, Dharu -
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.v23i1.4008

Abstract

In light of UUPPLH Articles 38 and 39, which provide that environmental permits may be withdrawn by the TUN court, the unclear paradigm raises severe concerns about the validity of environmental permission as the subject of a dispute amongst state officials. The Job Creation Law really refers to an Environmental Feasibility Decree (SKKL) or a Statement of Environmental Management Commitment (PKPLH) that has been approved by the federal and local governments, depending on the kind of environmental approval. Buildings that comply with the Job Creation Law and have received environmental approval in the form of a product meet the conditions to be considered for consideration as permits, as stated in Article 39, paragraph (2). The vague paradigm substantially calls into doubt the validity of environmental permission as the topic of a State Administrative dispute, given Articles 38 and 39 of the UUPPLH, which stipulate that environmental permits may be canceled through the TUN court. Depending on the kind of environmental approval, the Job Creation Law really refers to an Environmental Feasibility Decree (SKKL) or a Statement of Environmental Management Commitment (PKPLH) that has been accepted by the federal and municipal governments. Construction that conforms with the Job Creation Law and that obtains environmental approval in the form of a product meets the conditions to be declared suitable for consideration as a permit, as stated in paragraph (2) of Article 39. 
Natural Resource Dispute Resolution in Majalengka Regency: The Case of Cisambeng Tofu SMEs and the Community Manulang, Sardjana Orba; Rosmini, Rosmini -; Suyanto, Suyanto -; Sipayung, Baren -; Nurwanty, Iis Isnaeni
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.v23i2.4009

Abstract

Law cannot be separated from the culture of a society because it affects the law. In social life, as human social beings, interaction is a necessity in fulfilling their life needs, however, in fulfilling this life, disputes often occur, including those concerning natural resources. Many disputes and their resolution take place around the world, including in culturally diverse areas. Majalengka Regency, which has developed into an industrial area, is no doubt decorated with various industrial businesses, ranging from MSMEs to large-scale industrial companies, all of which are closely related to environmental problems, including environmental pollution. The research method discussed in this research is socio-legal which examines the culture of the community in the application of alternative dispute resolution over natural resources and the environment. The purpose of this paper is to determine the efficacy of alternative dispute resolution. The results of this study indicate that disputes, especially related to natural resources in the community, can be resolved through consensus deliberation between the parties by prioritizing good faith, as a form of consensus deliberation as a form of local wisdom supported by the government's political will to encourage and ensure all disputes within the community. can be resolved through an alternative dispute resolution (ADR) process and performed its duties properly in this case. Although the effectiveness of ADR was initially lacking, when stakeholders were involved in the mediation process, the dispute resolution process could be carried out properly, as evidenced by the results of initial negotiations and initial mediation, which were less influential.

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