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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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Conventional and Unconventional Brand Protection in IndonesiaConventional and Unconventional Brand Protection in Indonesia Monica Olivia
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.v22i1.4066

Abstract

This study aims to determine the legal protection of conventional and unconventional brand registration in Indonesia. This research is normative research using legal materials to solve facts or legal issues and to obtain legal materials and analyze them through literature studies (legislation and literature). This study used 2 (two) problem approaches, namely the statutory approach and the conceptual approach. The findings revealed that conventional brand is limited to signs in the form of pictures, names, words, letters, numbers, color arrangements, or combinations of elements that have distinguishing features and are used in trading activities of goods or services. However, for a product/service that does not qualify in terms of a conventional brand, it is generally known as a unconventional brand. The regulation of non-conventional marks in Indonesia is outlined in Article 1 (1) of Law 20/2016. However, this regulation only covers marks in the form of three dimensions, sound, and holograms. Indonesia currently only regulates unconventional marks that fall under these categories. This poses a potential issue as the market is witnessing a growing variety of marks, and the regulation of position marks has not yet been addressed in Indonesia.
Exploring the Role of Digital Forensics in Identifying Cyber Crime in Indonesia's Criminal Procedure Law Monique, Cindy; Yuliati, Yuliati; Sulistio, Faizin
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.v23i2.4068

Abstract

Digital forensics is an indispensable component in the process of detecting and examining cybercrimes in accordance with the Criminal Procedure Law of Indonesia.This study investigates where digital forensics fits into Indonesia's Criminal Procedure Law for cybercrime detection. As cybercrime rises, it's important to understand how digital forensics can investigate and prosecute cybercrimes. This study examines Indonesian digital forensics law and practice using normative legal research. The author employs normative legal research procedures in this specific legal study. This study found that due to laws, Indonesia needs digital forensics to protect electronic evidence. Treat electronic evidence differently than physical. Indonesian courts' use of digital forensics is valued since cybercriminals can tamper with electronic evidence. The processes manage cybercrime electronic evidence legally. Validation of criminal procedure. Criminal procedural laws must be enforced by police, prosecutors, legal experts, and judges. Police should standardize electronic evidence management with digital forensics. In wealthier nations like the US, digital forensics protects electronic evidence
The Enforcement of Disciplinary Sanctions Against Civil Servants Based On Law Number 20 Of 2023 Salahudin, Salahudin; Hasanah, Siti; Jiwantara, Firzhal Arzhi
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.v23i2.4074

Abstract

The concept of applying disciplinary consequences against Civil Servants (PNS) in accordance with Law Number 20 of 2023 is discussed in this article. In this article, a review of this statute is used to investigate essential aspects of the enforcement of disciplinary sanctions against civil officials. These features include the procedures that must be executed. subsequently, the categories of infractions that may be subject to disciplinary sanctions, as well as the sanctions that may be applied during the course of the violation. In order to maintain discipline and integrity in the work environment of civil servants, as well as to enforce applicable legal restrictions, it is essential to have the notion of implementing disciplinary consequences. Within the context of this discussion, this article also addresses the difficulties that may be encountered when enforcing disciplinary sanctions, as well as the efforts that are being made to improve the efficiency of the system that is used to enforce disciplinary sanctions. In the hopes of achieving a more professional, transparent, and accountable working environment among public officials, it is believed that a more in-depth understanding of the notion of imposing disciplinary sanctions would be attained
Legal Certainty in Determining The Amount of Duty Tax on Acquisition of Land and Building Rights (Bphtb) Yanuaria, Tri; Polontoh, Herry M.
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.v23i1.4079

Abstract

The research carried out in Jayapura City with the title "Legal Certainty in Determining the Amount of Tax on Acquisition of Land and Building Rights" (BPHTB) aims to provide legal certainty regarding the imposition of Tax on Acquisition of Land and Building Rights. (BPHTB) in determining the amount of BPHTB tax. The method used is normative law and empirical law in relation to land and building tax collection.In accordance with applicable laws and regulations, BPHTB levies in Jayapura City do not yet have complete legal certainty. Tax Object Acquisition Value (NPOP) transaction value is no longer used as a basis for determining BPHTB tax, in Jayapura City the basis for determining BPHTB is the interpretation made by the tax authorities based on market prices, location of land and buildings and building conditions. This happens because of society's tendency to try to get around it BPHTB financing. Taxpayers declare the transaction price in accordance with the NJOP if the market price or transaction value is greater than the Sales Value of the Tax Object (NJOP). Taxpayers will also try to avoid it if the Tax Object Acquisition Value (NPOP) is lower than the Tax Object Sales Value (NJOP). The obstacles faced in collecting BPHTB are legal factors, factors outside the law and taxpayer factors
Functions and Roles of Customary Heads in Settlement of Land Disputes in Customary Law Community Territories Nur, Sri Susyanti; Polontoh, Herry M.; Yanuaria, Tri
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.v23i2.4080

Abstract

This study aims to determine the function and role of the customary head in resolving land disputes in the territory of the Customary Law Community. The role of customary heads in various regions is still very strong, even though there has been a village administration, where there is institutional uniformity. The purpose of this writing is to find out how the authority of the customary head in resolving land disputes between customary law communities, is it replaced by the village head. The results of the study show that the role of the customary head as a leader in the Customary Law Community functions as a dispute resolution judge and as a reconciliation judge in maintaining the balance of customary law. The enforcement of customary law by customary heads in dispute resolution is marked by customary rituals, deliberations, and customary fines that are adjusted to the status of the parties to the dispute, in the form of returning rights to landowners, animal slaughter, a sum of money, or in the form of gold.
THE SOVEREIGNTY, INDEPENDENCE AND FOOD SECURITY POST THE OMNIBUS LAW ON JOB CREATION Suryani Suryani; Ari Handriatni
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.v22i3.4081

Abstract

Food is the most important basic human need guaranteed in the 1945 Constitution of the Republic of Indonesia. The existence of the law on Job Creation will allegedly move Indonesia away from the goals of food sovereignty, independence and national food security. This research examines further the extent of legislation in the field of food and agriculture in order to realize food sovereignty, independence and food security as state goals. The research method used in this research is normative juridical research, namely research intended to study the application of rules or norms in positive law. The research approach used is a statutory approach. The results of this research are: 1) Food sovereignty, independence and food security as the embodiment of the constitutional mandate to achieve state goals, namely the welfare and prosperity of the people; 2) The existence of the Job Creation Law which encourages economic growth through easy investment policies to encourage the creation of jobs, has degraded food sovereignty and independence and placed greater emphasis on aspects of food security through food imports; 3) Control over the conversion of sustainable agricultural land and spatial planning policies as mandated by law is distorted by the presidential decree on national strategic projects which are hierarchically under the law
Adab Paradigm in Legal Education (Case In Indonesia) Rokan, mustapa Khamal; permata, cahaya
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.v23i2.4089

Abstract

Law violations committed by law enforcers cannot be separated from the paradigm and legal teaching system applied by law faculties that produce law graduates. This paper discusses the adab paradigm in law teaching in law faculties in Indonesia. The method used in this paper is qualitative by describing the data obtained through interviews, observations, and readings of the existing literature. The study results indicate that the teaching of law in Indonesia is positivistic. The education of law is more about teaching the law that applies in a country that is contained in the legislation and its derivatives. This can be seen from the structure of the course and the content of the course syllabus where there are only six (6) courses that are directly related to etiquette. The factors that influence the shift in valuesin the teaching of law include educators and the learning system. While the model of inculcating values for law students can be done by inculcating character at the beginning of the lecture, exploring and elaborating on philosophy and legal principles in each course, incorporating ethical valuesin each course, drawing grades through cases (Project Base), inculcating values through ideal legal figures, creating separate courses related to etiquette, and incorporating customary valuesinto courses. Of the seven models above, incorporating ethical values in each course is the most ideal model to be applied
Custody and Obligations of Parental Alimation of Children After the Breakup of Marriage Due to Divorce in Terms of Law Number 1 Of 1974 Concerning Marriage Hamonangan, Sobardo
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.v23i1.4094

Abstract

The research entitled;Parents' Custody Rights and Alimentary Obligations for Children After Dissolution of Marriage Due to Divorce in View of Law Number 1 of 1974 concerning Marriage; was carried out in the jurisdiction of Jayapura City with the aim of finding out and analyzing the causal factors the occurrence of divorce and custody and fulfillment of parental alimony obligations towards children.This research is empirical legal research using the Normative Juridical and Empirical Juridical approach methods. The Normative Juridical Approach is by reviewing the provisions of statutory regulations relating to the rights aspect of divorce and the legal consequences of divorce in relation to Custody Rights and Parental Alimony obligations following the dissolution of the marriage due to divorce, while the Empirical Juridical approach is by looking at the implementation of the provisions Laws relating to divorce and custody rights and parental alimony obligations apply in society. The results showed that the factors causing divorce in the city of Jayapura in general for the continuous disputes, disputes and quarrels triggered by the attitudes and behavior of both the husband and wife namely a. The existence of love with women and other men, b. Husband rarely goes home; c. Husband is light hand by beating the wife. Meanwhile, in most court decisions on divorce cases, the majority of judges decide that custody rights are given to the wife based on psychological considerations and legal considerations. The psychological considerations are because the children are still small and not yet mumayyiz so they still really need more attention from their mother, and the husband's morals are not good, so there are concerns that it will affect the child's psychological development during his growth period. Furthermore, regarding the fulfillment of alimony obligations in the context of the care and development of the child, in general it is not carried out well, generally parents (fathers) lack or neglect their alimony obligations towards the child on the grounds that they have a new family, because they are not given custody, because of their economic capabilities, so does not carry out his alimony obligations as ordered by the applicable statutory provisions.
The Position Of Islamic Law In The Positive Law Of Indonesia (Analysis Of The Application Of Islamic Law Provisions In Aspects Of Marriage Through The System Approach) Hamonangan, Sobardo; Katjong, Kadir
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.v23i1.4095

Abstract

The research with the title: The Position of Islamic Law in Indonesian Positive Law (Analysis of the Application of Islamic Law Provisions in the Marriage Aspect Through a Systems Approach aims to determine and explain the position of Islamic Law which is integrated in Indonesian positive law, especially the application of Islamic law provisions in the Marriage legal aspect in Positive Law in Indonesia.This research is a normative legal study, which uses a normative juridical approach, which is an approach to conducting a study and study of the provisions of Islamic law and positive law that applies in relation to the issue of Islamic law in the provisions of Indonesia's positive law in the aspect of marriage.The research results show that the position of Islamic Law in Indonesian Positive Law can be seen from the development of law and the constitution in Indonesia, where the provisions of Islamic law which are adhered to by the majority of the Indonesian population have become a source of law for the development of national law. Several provisions of Islamic law have been integrated into positive law in the Indonesian legal system and have been implemented in a formal juridical manner, including provisions relating to family/marriage law regulated in Law Number 1 of 1974 concerning Marriage, provisions regarding waqf regulated in Law Number 41 of 2004 concerning Waqf, as well as the existence of Religious Court institutions regulated in Law Number 7 of 2004 1989 which was amended by Law Number 3 of 2006, as an institution authorized to resolve problems related to marriage, inheritance and waqf for citizens who embrace the Islamic religion. Furthermore, through a legal system approach, the enactment of Islamic law provisions in positive law is carried out in a formal juridical manner through the formation of legislation that accommodates the provisions of Islamic law. The position of Islamic law in positive law through a legal system approach can be seen in the provisions of Islamic law which have been integrated into positive law in the Indonesian legal system as a national legal system. The provisions of Islamic law in positive law are included as a substantial component, namely provisions that are guided by citizens, especially those who embrace the Islamic religion. As a structural component, it is seen in the existence of the Religious Courts as an institution that has the authority to resolve problems in family law. and the cultural component (legal culture) is the behavior and high legal awareness of the community, especially citizens who embrace the Islamic religion. These three components of the legal system determine the position of Islamic law in the applicable Positive Law.
Collaborative Strategy in Tertiary Prevention of Drug Abuse: Active Role of Community and Government Institutions in Rehabilitation and Reintegration of Drug Victims Pangeran Baron; Puspitasari Puspitasari; Stanislaus Riyanta
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.v22i1.4100

Abstract

This article discusses collaborative strategies in tertiary prevention of drug abuse, with a focus on the active role of the community and government institutions in the rehabilitation and reintegration of drug victims. Through the literature review method, this article explores various efforts involving various parties in dealing with drugs. The research results show that the dynamics of the process in dealing with drugs are good, including the promotion of shared principles, shared motivation and the capacity to take action. Collaborative actions have also been good, including facilitating and advancing the collaboration process. The impact and adaptation of collaboration in dealing with drugs has also been good, trying to suppress drug users. Overall, efforts to rehabilitate and reintegrate drug users into society are complex efforts and require cooperation from various parties. Support is needed from the government, non-governmental organizations, family, friends and society as a whole to facilitate the rehabilitation and reintegration process of drug users into society. With effective rehabilitation and reintegration efforts, drug users can be expected to return to living normal and productive lives in society. Apart from that, rehabilitation and reintegration efforts can also help reduce the rate of drug abuse and improve the quality of life of society as a whole.

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