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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 Position of Deaf Witnesses in Proving Divorce (Syiqaq) Cases in Religious Courts handoko, riki; Pagar, Pagar; Tanjung, Dhiauddin
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.v23i1.4011

Abstract

  Abstract                                                                          Based on article 22 of PP Number 9 of 1975, article 76 of Law Number 7 of 1989 and article 134 of Presidential Instruction Number 1 of 1991, Divorce (syiqaq) where disputes and quarrels are continuous must be proven by witness testimony, so The position of the witness is an important thing in deciding a divorce case. Witnesses who are present in court must materially see, hear and experience directly the legal events that occur, this must be in accordance with article 172 HIR/308 Rbg in conjunction with article 76 Law Number 7 of 1989. Meanwhile, in Islamic law, the position of deaf witnesses is that the majority of ulama seemed to have absolutely no tolerance for their opportunity to be witnesses. They agreed that hearing what the parties said and understanding what they meant was an absolute requirement for witnesses. The argument is because something that is the object of the witness is words. Law No.19/2011 about concerning ratification of the CRPD and the principle of Equality Before the Law also states the same thing, which does not differentiate between people in person. trial, while formally a deaf witness is not a mentally disabled witness, he just lacks hearing but can see and judge events well._________________________
Transformation to Law Enforcement Gambling Crimes in Indonesia susanti, christine
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.v22i3.4012

Abstract

Gambling is nothing new, since a long time ago this crime has existed. Initially, gambling was done with conventional methods, but along with the development of technology, gambling has also experienced developments and now it has entered the digital space. The rise of online gambling has made the government declare Indonesia's condition of gambling emergency. Minister of Communication and Information (Menkominfo) Budi Arie even stated that he intends to fight gambling within a week. Gambling was originally a social problem, but later it has developed into a legal problem that demands comprehensive and continuous regulation and law enforcement. This research will discuss how law enforcement practices in Indonesia in eradicating gambling and how Indonesian law solves the problem comprehensively. The research method used is a normative research method or commonly called literature research by examining library materials or secondary data with a case approach. Several relevant legislation products will be used as legal bases in this research, such as the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Electronic Information and Transactions. This research wants to provide input to the government in supporting the law enforcement process against gambling and also help increase the level of public legal awareness of gambling crimes both online and conventional. 
Legal Protection Of Customers Personal Data In Bank Financial Institutions Astanti, Dhian Indah; Nuswanto, Heru -; Sukimin, Sukimin -
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.v23i2.4013

Abstract

Since the legal connection between consumers and banks is one built on trust, legal protection for customers is crucial given that banks are financial entities whose operation cannot be divorced from the role of customers. Every individual has personal data, which is something that is intrinsic to them and has to be secured since everyone has the right to privacy, which is guaranteed by the Republic of Indonesia's 1945 Constitution and is a fundamental citizen right. The goal of this study is to identify the legal safeguards for the confidentiality of consumer information held by Bank Financial Institutions, as well as the legal actions that consumers may take in the event that their privacy is violated. This study employs a normative juridical research design, combining an analytical, historical, and legislative approach. The data type for the research specifications is secondary data, obtained through document/library research (Library Research), and the research standards call for analytical descriptive data. The research's data is organized logically and methodically, examined using qualitative analytic techniques, and then presented in a qualitative report. The study's findings indicate that state people have a constitutional right to privacy, which is the cornerstone of the legal protection of personal data. Both government control and self-regulation can be used to legally secure the personal data of customers. As of now, personal data is not legally based in any of Indonesia's laws or regulations. As a result, Indonesia lacks standards for the legal protection of personal data, making it unable to provide its residents with the best possible protection.  
Recalibration of Political Participation to Restore Democracy and Meritocracy in the 2024 Election Nugraha, Dwi Putra
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 Sari, Vincensia Esti Purnama
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 Saputra, Romi; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik
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 Sudiro, Ahmad
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; Umar, Wahyudi; 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.

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