Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
Articles
1,613 Documents
<![CDATA[Interfaith Marriage in the Human Rights Perspective and the Compilation of Islamic Law ]]>
<![CDATA[Huda, Misbahul -]]>;
<![CDATA[Putranto, Rahmat Dwi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i1.4226
<![CDATA[Becoming a husband and wife via marriage is a sacred relationship shared by a woman and a man. Basically, marriage is governed by the laws of each religion. Interfaith marriage is one of the phenomenon that takes place in Indonesia. Some of these weddings were consummated in secret, but most of them were done so in public. Interfaith unions are likewise forbidden by Islam, according to Surah Al-Baqarah verse 221. Law Number 1 of 1974, article 2, also forbids interfaith unions. Interfaith weddings are still common in Indonesia, therefore this tradition has generated criticism even in the present day. Normative legal research is the methodology employed in this legal study. The findings of this study demonstrate that interfaith marriage is forbidden by the Compilation of Islamic Law (KHI) and Human Rights (HAM), which states that it is against God's mandates. All major religions forbid its adherents from marrying outside of their own faith. In order to compel all citizens to abide by the relevant legal regulations, the Marriage Law and the Compilation of Islamic Law both forbid interfaith marriages. The highest human right in terms of human rights is divinity, which means that all individuals are required to follow their god's laws. The primary issue under investigation is how Islamic law and human rights relate to interfaith marriage and the legal ramifications of the human rights perspective on such marriages, which forbids and does not accommodate interfaith unions because all of the freedoms and rights outlined in the declaration are subject to sharia, or Islamic law.]]>
<![CDATA[Election Law Challenges in the Digital Era ]]>
<![CDATA[Nachrawi, Gunawan -]]>;
<![CDATA[Putranto, Rahmat Dwi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i1.4227
<![CDATA[There are many benefits that can be gained from the digitalization process, but there are still many problems that exist in Indonesia. The discourse on digitizing election law enforcement is still a matter of debate. For this reason, it must be studied seriously and actually implemented. Researchers analyze based on normative juridical studies related to digitalization problems and offer solutions to overcome obstacles to digitalization of elections and law enforcement. The advancement of science and technology has both beneficial and detrimental effects on human existence. Similarly, the legal metanarrative must confront the reality of cyberspace as one of the technological advancements. A novel and all-encompassing strategy is required to solve legal metanarratives' helplessness in the face of digital obstacles.]]>
<![CDATA[THE VALIDITY OF MARRIAGE USING TELECOMMUNICATION MEDIA (TELECONFERENCE) BASED ON LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE ]]>
<![CDATA[Gaol, Selamat Lumban]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i2.4228
<![CDATA[The aim of the research is The Validity of Marriage Using Telecommunication Media (Teleconferencing) Based on Law Number 1 of 1974 concerning Marriage. In this legal research, the author uses a legal research approach, namely a statutory (statue) approach approach), case approach (case approach), conceptual approach ( conceptual approach ). Legislative approach ( statue approach ) is carried out by reviewing the laws and regulations relating to issues that are in accordance with the legal issues in the case related to this research. In this thesis, the researcher takes a case study of marriage via teleconference media in Kalimantan west. The result of From the description of the discussion in chapters I to chapter IV above, the researchers draw the following conclusions the validity of Marriage Using Telecommunication Media (teleconference) as stated in Article 2 paragraph (1) that "Marriage is valid if it is carried out according to the laws of each religion and belief". Marriages using telecommunications media specifically in Indonesia are not yet regulated, therefore marriages or marriage contracts via teleconference are considered valid if they meet the requirements and harmony. Marriage via teleconference is basically the same as the implementation of marriage contracts and marriages in general, but the difference is that the implementation of marriage contracts and marriages via telecommunications is in a different assembly (long distance) or the marriage ceremony is carried out via telecommunications equipment which can be seen in pictures and can be heard. his voice. And then Obstacles faced during marriages using telecommunications or teleconference media include the bride and groom not being in a place or assembly, thus hampering the process of signing the marriage certificate, implementation towards the parties recording marriage nor KUA office. Second bride and groom, guardians and witnesses sign A valid marriage certificate prepared by employees Note taker Marriage”. ]]>
<![CDATA[Economic and Corporate Criminal Responsibility Policy in Renewing National Criminal Law ]]>
<![CDATA[Melinda, Elvina]]>;
<![CDATA[Setiyono, Joko]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.4230
<![CDATA[There needs to be a realignment of arrangements regarding corporate criminal liability which concerns regulation of when a corporation is said to have committed a crime, who within the corporation can be held accountable and the provision of appropriate sanctions for corporations that commit crimes, so that there is alignment of rules that have an impact on achieving legal objectives. Based on this background, this study uses two problem formulations, the first is how to regulate corporate criminal responsibility in economic crimes and how to reform the law on corporate criminal responsibility in economic crimes in Indonesia? This research method uses a normative method that departs from differences in criminal liability arrangements for corporations that commit criminal acts under Indonesian law which will result in weak law enforcement against corporate crimes. The results of this study are first, Corporate Responsibility has been regulated in several laws and regulations in Indonesia, but each law and regulation that regulates corporate crime in terms of scope, definition and subject matter varies, therefore there is a need codification and harmonization. provisions regarding corporate crime in order to create legal certainty. ]]>
<![CDATA[Village Existence in the Constitutional Framework: Orientation and Formulation in the Perspective of Integrative Law ]]>
<![CDATA[RS, Iza Rumesten]]>;
<![CDATA[Muntaqo, Firman]]>;
<![CDATA[Adisti, Neisa Angrum]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i1.4234
<![CDATA[According to the provisions of the constitution, the village government does not actually have adequate arrangements as can be seen from the fact that the term village or something similar to it has not been accommodated in the Indonesian constitution. Orientation of village government arrangements in the constitution and efforts to formulate village government arrangements in the constitution with an integrative legal perspective. Normative legal research with a concept and statutory approach. The orientation of village arrangements in the constitution is intended to reinforce and facilitate democracy and local village leadership which is the style and identity of each village based on traditional rights and rights of origin. The formulation of integrative law so that the substance of the village government can obtain a strong legal position in the constitution, which can be done by conducting hearings or polling the aspirations of the community, efforts are needed to revise the Village Law with a pluralistic character, which means facilitating various types of village government that already exist.]]>
<![CDATA[Diplomacy Conceptualization For The Security State On Mineral Resources In Indonesia ]]>
<![CDATA[Redi, Ahmad]]>;
<![CDATA[Amelia, Tina]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.4239
<![CDATA[Diplomacy is considered for the security state on mineral resources in Indonesia since Indonesia is a law country and has many mining sector possibilities which need to be secured, and created in response to reduce negative impact on mineral illegal mining activities which cause many negative results for Indonesia. Therefore, the Indonesia government needs an alternative effort which lines with the principles concluded by this research. By literatrue reviews employed for the investigation on some international practices published by reputable-indexed journals with the same issue, this research performs an information for the armed forces and the leadership of the Ministry of Law and Human Rights. In the absence of a generally accepted definition of "mineral mining activity diplomacy," the state (in this case, Indonesia) attempts to tailor its content to the requirements of the mineral resource security strategy. The study results that diplomacy involving natural resource mining has broad applicability to Indonesia since it encompasses state security policy creation and execution, as well as the establishment of permanent, cooperative international ties in the defense sector. The first step in realizing the concept's potential as a significant instrument is to conceptualize the mineral resource mining activity diplomacy for the security state in Indonesia from illegal mining activities.]]>
<![CDATA[The Protection Of Civil Rights Against Minority In The Case Of Divorce ]]>
<![CDATA[Utoyo, Marsudi]]>;
<![CDATA[Digdowiseiso, Kumba]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.4240
<![CDATA[The child is a legal subject who needs to be protected if there is a divorce. The wife or other woman designated by the terms and conditions of the law has the primary responsibility for raising the child until they are old enough to care for themselves. Children's parents are still obligated to provide a suitable environment for them to live in and to safeguard them, including by covering their living expenses. In accordance with the child's best interests and the idea of safeguarding children's rights, parents are still required to provide for and educate their children. Even if the biological mother is allowed hadhonah privileges in the custody case since she is the child's primary caregiver, the judge.]]>
<![CDATA[Disruptive Innovation In Business Competition Law In The Online Transportation Sector: Legal Issues And Challenges ]]>
<![CDATA[Putranto, Rahmat Dwi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.4241
<![CDATA[Disruptive innovation is when new technologies or novel business models penetrate established markets and bring major changes to the industry. Disruptive innovation differs from incremental innovation by introducing completely new products or services or providing solutions that are more cost-effective, convenient, or effective. This research aims to examine how disruptive innovation in the internet transportation sector impacts the application and efficacy of Competition Law in Indonesia. Qualitative methodologies are utilized to investigate the intricate legal difficulties and challenges inside the realm of online transportation. The research findings indicate that the introduction of new technologies can lead to detrimental rivalry between conventional service providers and online platforms, potentially diminishing service quality and impacting regulatory efficacy. Market dominance of internet transportation platforms can lead to monopolistic or oligopolistic practices, which may result in collusion and the misuse of market power, negatively impacting consumers and competitors. Consumer protection is a crucial concern in this scenario, since it involves ensuring security, transparency, and data privacy in online transportation services.]]>
<![CDATA[Juridical Implications of Regional Regulations on the Management of Land Management Rights that have been Incorporated in Public Companies ]]>
<![CDATA[Ansari, Teuku Syahrul]]>;
<![CDATA[Gultom, Walman]]>;
<![CDATA[Gemilang, Kharisma]]>;
<![CDATA[Aldiansyah, Aldiansyah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.4242
<![CDATA[Inbreng is a deposit of capital in forms other than money. BUMD Tbk. is a company whose capital is invested by the Regional Government Y in the form of Land Management Rights. This capital investment has been approved based on the Governor's Decree regarding Development Guidelines in the BUMD Tbk. Area, as well as giving BUMD Tbk. the right to provide recommendations on Land Management Rights. However, currently the Governor's Decree regarding Development Guidelines in the BUMD The Province of the Special Capital Region of Jakarta has the right to provide recommendations given by the Regional Government. As a result, BUMD Tbk. lost one of its income from providing recommendations. Apart from that, questions arise regarding the status of Land Management Rights which have become capital investments. Bearing in mind that BUMD Tbk. is a Public Company, BUMD This research will focus on Company Law and Capital Market Law. Especially according to the provisions of Financial Services Authority Regulation Number 42/POJK.04/2020 concerning Affiliate Transactions and Conflict of Interest Transactions and Financial Services Authority Regulation Number 17/POJK.04/2020 concerning Material Transactions and Changes in Business Activities]]>
<![CDATA[THE CONCEPT OF GOOD CORPORATE GOVERNANCE IN A LIMITED LIABILITY COMPANY'S ACCOUNT RECEIVABLE POLICY FOR POTENTIALLY INSOLVENT COMPANIES ]]>
<![CDATA[Ilham, Rico Nur]]>;
<![CDATA[Sinta, Irada]]>;
<![CDATA[Sinurat, Mangasi]]>;
<![CDATA[Khaddafi, Muammar]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.4243
<![CDATA[The application of Good Corporate Governance (GCG) concept in receivable policies is crucial, especially for companies facing potential bankruptcy. This research aims to explore how the GCG concept can be implemented in the receivable policies of limited liability companies facing bankruptcy risks. The introduction explains the urgency of GCG in managing receivables and the potential negative impact if not managed properly. The research of tisn method employs a qualitative approach with a case study of several companies facing bankruptcy risks. Data were obtained through interviews with company management, document analysis, and relevant literature review on GCG and receivable policies. The main issues identified include the lack of transparency in receivable policies, ineffective credit risk management, and non-compliance with financial regulations. The research findings indicate that companies implementing the GCG concept in receivable policies tend to have better financial performance and are better able to manage bankruptcy risks. In conclusion, the GCG concept can serve as an effective framework in managing receivable policies of limited liability companies facing potential bankruptcy. By considering transparency, risk management, and compliance with regulations, companies can minimize bankruptcy risks and ensure long-term business sustainability]]>
