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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 1,631 Documents
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Recalibration of Political Participation to Restore Democracy and Meritocracy in the 2024 Election Dwi Putra Nugraha
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.v22i3.4018

Abstract

The ideas of meritocracy and democracy are seen as running in juxtaposition. Democracy bases results on votes solely without assessing the leader's capabilities. However, meritocracy also creates tyranny in a different form. This is because democracy and meritocracy carry the values of liberalism. This article refutes the conflict between the two concepts and shows the shortcomings of both. Adjustments and improvements to the electoral system and related systems cannot be carried out on a large scale without massive political power. Recalibration of political participation is at least an initial improvement in accordance with the constitutional design of dignified balance to achieve short-term goals. Community political participation in the 2024 elections must be interpreted broadly and substantively. The Voter Participation Index initiated by the KPU has good initial ideas and objectives. However, this paper shows that the method for preparing the IPP needs to be expanded by not only basing the data on applications owned by the KPU alone.
Implications of Supreme Court Circular Letter in the Context of Marriage Between People of Different Religions Vincensia Esti Purnama Sari
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.v22i3.4019

Abstract

Law No. 1 of 1974 persistent, particularly in areas such as the legal interpretation of marriage, marriage registration, and unions involving individuals from different religious backgrounds. The situation has been exacerbated by the recent issuance of Supreme Court Circular No. 2 of 2023, specifically in clause 2, which denies requests for registering marriages between individuals of different religions and beliefs. The research addresses two key questions: 1) How can the validity of marriages under Law No. 1 of 1974 be reinterpreted in the context of unions between individuals of diverse religious beliefs? 2) What are the legal ramifications of Supreme Court Circular Letter No. 2 of 2023 for future marriage-related legal practices in Indonesia? The study adopts a normative juridical research approach, using secondary data gathered through literature review and legislative analysis, and employs qualitative analysis techniques. 
Strengthening the Constitutional Court’s Authority to Adjudicate on Disputes Regarding the Result of Regional Head Election In Indonesia: an Urgency to Clarify the Constitutional Framework Hidayat, Rayhan Naufaldi; Novrizal, Mohammad -
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.v23i1.4022

Abstract

Since the Constitutional Court is the guardian of democracy and the constitution, it is responsible for ensuring that elections in Indonesia are held in a democratic manner. The power rotation process must be carried out calmly and collectedly, without any significant breaches of people's fundamental rights or acts of violence. The instrument of authority is a necessary component for the Constitutional Court to achieve all of the goals stated in the text. The functioning of the Constitutional Court's authority to resolve disputes relating to the outcomes of Indonesia's regional head elections will be further examined in this research. Then, in order to determine the necessary treatments, a worldwide comparison of the increasing symptoms with those of other countries will be carried out. The research methodology used is doctrinal legal study using a comparative constitutional research strategy. The findings demonstrated the weakness of the Constitutional Court's authority to resolve disputes over the outcomes of regional head elections. It was observed that there were three distinct interpretations of the norms that formed the basis for legitimacy, which resulted in progressive changes to this authority. The Republic of Indonesia's 1945 Constitution's ambiguous normative framework for regional head elections has led to ongoing interpretations It is really unique in light of the fact that the constitutions of 43 of 72 unitary nations in the world fully regulate election procedures and the course of dispute settlement in the event of a dispute. In fact, they specifically mention in one or more of the Constitutional Court's complete authority articles the nature of authority and the scope of elections. It is imperative to promptly establish the precedent with clear legal politics declaring that regional head elections are elections in order to guarantee that the Constitutional Court hears the majority of cases.
THE CONCEPT OF THE POSITION OF REVELATION AS AN ONTOLOGY OF PROPHETIC BASED LEGAL SCIENCE Romi Saputra; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono
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.v22i1.4024

Abstract

This article aims to answer the position of revelation as a prophetic-based ontology of legal science. If the West issues revelations in science and more specifically in the formation of positive law, and glorifies human reason more, then this article explains that these revelations are part of positive law without ignoring human potential, and placing human potential proportionally. By using philosophical methods and approaches, this article shows that revelation in the study of prophetic law occupies a very high position, revelation functions to provide direction and guidance for reason in understanding reality and the formation of positive law. Law is interpreted by the will of Allah SWT which is based on the Koran and the Sunnah of the Prophet Muhammad. Revelation functions as a guide containing norms, values and rules, while reason is tasked with finding laws based on revelation's direction. For this reason, revelation, reason and the senses never come into conflict between the two, instead they become one unit, mutually reinforcing and reinforcing each other. The combination of revelation with reason and human life is then known as the Islamic moderation paradigm which synergizes things that are permanent with things that are flexible, combines the understanding of the Salaf with contemporary reforms (tajdid), is not jumud and liberal, and understand Islam comprehensively. Conflict between revelation and reason will only occur if one of them is fixed and the other is flexible, then of course the fixed one is superior to the flexible one, or both are equally flexible, so even if one is determined by interpreting the view of reason.
Stock Option Rights In Transportation Company Merger And Acquisition Transactions Ahmad Sudiro
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.v20i2.4025

Abstract

Merger and acquisition transactions are corporate transactions that often occur. The seller asks for an option to be able to buy back the shares of the company that are sold. The buyer asks for an option to be able to buy the remaining shares to become the majority holder. The agreement on the option rights is separated from the master sale and purchase agreement for the company's shares. This study discusses the use of share sale options in corporate mergers and acquisitions transactions. This study uses a normative judicial method. This study concludes that option rights have implications for the company and other shareholders. So that the sale or purchase option rights must be submitted to the public since the option rights arise. The option to sell and the right to buy the shares are clearly defined including the validity period, number of shares, estimated price and share ownership portion. This right has an impact on the performance of the company and interested parties. Cancellation of rights must also be communicated openly to interested parties. The agreement regarding option rights is an integral part of the main agreement
Existence of Notary Public in the Era of Digitalization Irianto, Agung
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.v23i2.4028

Abstract

This research describes a shift in the legal paradigm, discusses notary adaptation to information technology, and explores its impact on the substance, structure and culture of law in the context of digital economic development. The method used refers to Lawrence M. Friedman outlining the important components of the legal system: legal substance, structure and culture. The results of the research explain that the legal substance and structure are regulated in the UUJN, clarifying the authority of the Notary and offering a choice of traditional or distant notarial deeds. Gaps in regulations, including virtual implementation, pose challenges. Building a legal culture is essential to adapt to digital notary services and ensure awareness among notaries, the government, the business world and the public.
Understanding Digital Signature through a Conceptual Approach to Improve Efficiency, Access, and Quality of Fintech Rasmuddin Rasmuddin; Wahyudi Umar; Sudirman Sudirman
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.v22i1.4029

Abstract

This study aims to deepen the understanding of the concept of digital signature in the context of the fintech industry, focusing on efforts to improve the efficiency, accessibility, and quality of fintech services. Digital signatures are a key component in modern fintech transactions and services, which are important in securing information and maintaining data integrity in a digital environment. This research method involves a conceptual approach consisting of literature analysis, case studies, and an in-depth understanding of digital signature technology and its impact on the fintech ecosystem. Basic concepts such as cryptography, algorithms, and digital security principles will be carefully examined to understand the foundations of digital signature technology. In addition, this research will also explore the latest developments in the use of digital signatures in the fintech industry, as well as their impact on operational efficiency, service accessibility, and transaction quality. The results of this research are expected to provide in-depth insights into the role of digital signatures in changing the fintech landscape. By understanding this concept better, stakeholders in the fintech industry can optimize the use of digital signatures to improve their speed, security, and quality of service. This is expected to help create a more efficient, accessible, and reliable fintech environment for consumers and businesses. This research can also be the basis for further research in the field of fintech security and related technological innovations.
The Existence of Civil Sanctions in Spatial Law Enforcement in Indonesia Siburian, Henry Kristian; Sipayung, Baren -; Andjarwati, Any -; Manulang, Sardjana Orba; Harahap, Muhammad Ade Kurnia
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.v23i2.4031

Abstract

Planning for territorial spatial arrangement is one of the problems with modern urban growth, as cities are growing faster than ever and the territorial government has to take a unique role in overseeing spatial arrangement. 2007 Law No. 26 The government is considering replacing Law Number 24 of 1992, which deals with spatial arranging, with this legislation, which unifies a courteous administration. This study's method of investigation was controlling valid research while taking the study's characteristics into account. The result of the review is the assertion that, taken as a whole, respecting legislation represents people's rights (personenrecht). of In particular, laws, customs, conventions, theories, and statutes give birth to two legitimate subjects: Separately, legal substances (rechts persoon) and humans (natuurlijke persoon). Articles 66, 67, and 75 of Law Number 26 of 2007 concerning Spatial Arranging provide certain limitations on the occurrence of generous fines. If the last stated are ultimum remedium in nature, a claim based on reclamation may be used to seek for polite discipline for spatial arrangement violations in addition to official and criminal penalties.
Analysis of Coal Mining Legal Instruments and the Powerlessness of the State in Restricting Natural Destruction Activities by Corporations (Case Study of the Implementation of the Law on Coal Mining Against Ecological Environmental Damage in Indonesia) Zulqarnain, Zulqarnain -; Riza, Fikri -
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.v23i1.4034

Abstract

Management of Natural Resources (SDA) through mining has generated huge income for the Indonesian government. In addition, mining activities have caused damage to the natural environment that poses a threat to the future of human life. The government makes every effort to restrict mining activity so as not to harm the environment. A set of legal laws has been developed, but mining activities continue to harm the environment.Why is this so? What's the issue? Is the mining law still ineffective? Or weak execution of law? This research solves these questions at least. This study is qualitative in nature. This study's data were collected through a series of interviews, a review of the relevant literature, and a document analysis. The study's conclusions show that the laws controlling mining have limited the options available to mining entrepreneurs for carrying out their operations without endangering the environment. On the other hand, the finding of unreclaimed mining sites suggests that the legal process has not been followed correctly or diligently enough.
Violent Thefts Involving Teenagers And Women (Criminology in Sociological Perspective) Ari Wijaya, Oscarius Yudhi; Muriman, Chairul -
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.v23i1.4035

Abstract

The goal of this research was to find a scientific explanation for the issue of women and teenagers being involved in violent theft crimes that have already started, as well as to find and construct theoretical justification based on current theories, including sources from books and research journals. This study employed a qualitative research design in conjunction with a literature review. According to the findings of research, women are viewed as potential home educators of their children and should be given recognition and equality, while teenagers are viewed as the country's future generation, potential leaders, and catalysts for community and national development. rather than feeling scared by his family or other societal members, he feels adequate in the social system of society. He thus isolates himself by creating an exclusive group, which prompts him to take illegal and/or violent acts, such as muggings and thefts, in violation of both community standards and the law.

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