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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 Framework of Micro and Small Businesses in Indonesia for Achieving Empowerment and Legal Protection Kuahaty, Sarah Selfina; Hetharie, Yosia
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.v23i1.4063

Abstract

This research aims to identify, analyze, and discover efforts to facilitate business ease, empowerment, and protection for micro and small business operators in the Maluku Province through effective local legal regulations. Micro and small businesses play a vital role in supporting national development and enhancing the country's economy. Therefore, micro and small businesses need to be continuously developed to remain viable and competitive in the global trade arena. One of the measures to ensure the sustainability of micro and small businesses is through effective legal regulations that address various challenges faced by them. These legal regulations encompass not only national legal aspects but also local legal frameworks, including those in the Maluku Province. This research constitutes sociolegal research using primary and secondary data obtained through literature review and interviews. Based on the research findings, it is evident that the legal regulations for micro and small businesses in Maluku, both at the provincial and municipal levels, are not sufficiently effective in realizing ease of doing business, empowerment, and protection for micro and small business operators. The ineffectiveness of local legal provisions in Maluku is attributed to various issues in their content. These issues include discrepancies in regulations compared to other legal provisions, overlapping jurisdiction between the provincial and municipal governments, and even the central government's authority in regulating medium-sized businesses. Furthermore, legal gaps and unclear content lead to normative ambiguity, ultimately affecting the implementation of micro-business development and empowerment, which does not proceed smoothly.
The Concept of Forced Defense As Legal Protection Against the Criminalization of Crime Victims Suriadiata, Irpan
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.v23i2.4064

Abstract

Article 49 of the Indonesian Criminal Code (KUHP) governs the concept of compelled defense, also known as "noodweer" in Dutch terminology. This article offers legal protection for individuals who engage in an unlawful conduct, such as abuse or murder, but do so in self-defense or in defense of another person who is under a severe threat to their life or physical well-being. The objective of this study is to ascertain the manner in which investigators constructed the legal framework to identify the suspect responsible for the abuse crime in the case that transpired at Yayasan Al-Amin NW Kilang in District Montong Gading, East Lombok district, West Nusa Tenggara on July 19, 2022, and to determine whether the suspect's actions constituted a forced defense in accordance with the provisions outlined in article 49, paragraph 1 of the Criminal Code. The present case study was authored utilizing analytical descriptive techniques in conjunction with empirical-normative research methods. The research findings indicate, initially, that the investigator's subjective elements significantly influence the trajectory of the investigation in the a-quo case. Consequently, the investigator formulates questions for the investigation in a manner that is streamlined solely to satisfy and substantiate the requirements outlined in Article 351 paragraph of the Criminal Code and to identify the suspect. The second criminal act of abuse pertains to the suspect's assault, which satisfies the criteria for a forced defense as defined in article 49 of the Criminal Code, provided that a-quo is satisfied.
Criminal Convictions from The Perspective of The Proportionality Principle Hisyam, Nurul; Arganova A, Dicky
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.v22i1.4065

Abstract

The absence of explicit guidelines and limitations for evaluating punishment based on the character of the offender creates a significant gap in the justice system. Without clear provisions, judges are left to rely solely on their own interpretation and knowledge when making decisions about punishment. This lack of guidance can lead to inconsistencies and potential biases in sentencing. To ensure fairness in the judicial process, it is essential for the principle of proportionality to be fully understood and applied when judges make their rulings. Proportionality refers to the idea that the severity of punishment should be directly proportional to the seriousness of the crime committed. The research aims to address two key problem statements. Firstly, it seeks to define punishment from the perspective of the proportionality principle. Secondly, the research aims to identify the factors that judges consider when imposing punishment. To achieve these research objectives, a normative research approach will be adopted. This approach involves analyzing legal principles, rules, and regulations to address the legal issues at hand
Conventional and Unconventional Brand Protection in IndonesiaConventional and Unconventional Brand Protection in Indonesia Olivia, Monica
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 LAND AND BUILDING RIGHTS ACQUISITION DUTY TAX (BPHTB) 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; Handriatni, Ari
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

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