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.
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<![CDATA[Agent Responsibilities in Life Insurance Marketing Practices for Legal Protection for Consumers ]]>
<![CDATA[Arifinal, Mochamad]]>
<![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.v22i1.2303
<![CDATA[The legislation provides legal protection to policyholders as insurance consumers. Protection of policyholders as insurance consumers is regulated in several regulations, such as the Criminal Code and the Civil Code. The Criminal Code Number 2 of 1992 concerning Business Insurance, the Criminal Code Number 8 of 1999 concerning Consumerism Protection, also regulated in the rules of the Professional Code of Agents Indonesian Life Insurance. This research aims to know whether the insurance law is sufficient to regulate the agent's responsibility to consumers in the practice of marketing life insurance and how the agents' responsibility of marketing life insurance to the protection of penalties to consumers. This research used a juridical normative method approach. This method focused on library data and was supported by field research to support existing data. The results of the research indicate that insurance, which includes the Commercial Code, the Civil Code, and Law Number 2 of 1992 concerning Business Insurance, has not been sufficiently regulated regarding the responsibilities of agents. Therefore, other regulatory agencies are needed, such as codes of ethics and professional agents (self-regulation); the establishment of draft laws or the brokering of agents into codes or laws; and consumer protection law provides legal protection to consumers through the regulation of rights and obligations to businessmen and consumers, which also regulates the responsibilities of businessmen in marketing a product, both in the form of services and goods]]>
<![CDATA[Implementation of Criminal Sanctions Against Foreign Narcotics Courier Performers ]]>
<![CDATA[Jainah, Zainab Ompu]]>
<![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.v22i1.2321
<![CDATA[Criminal sanctions that regulate narcotics crimes have emphasized the sanctions that will be given to anyone who violates them, ranging from rehabilitation to the death penalty. However, there are still many who commit these violations, until now, there are various forms of modus operandi for committing a criminal act in distributing narcotics. Perpetrators do not run out of wits to do all kinds of ways to achieve their goals. This mode is developed because law enforcement officers are intensively carrying out prevention efforts to eradicate narcotics crimes. One form of the mode that is carried out is through drug intermediaries or couriers, by neatly wrapping and inserting into plastic capsules, stored in boxes or cans, tucked in candy or food, to places that have been specially designed so as not to be penetrated by detection equipment. The perpetrators of these drug couriers are not only carried out by Indonesian nationals, but have also been carried out between foreign countries through foreign nationals. Narcotics distribution is carried out in various ways through land, sea and air transportation. From the various modes carried out by the perpetrators of drug couriers, it is not uncommon for them to be unsuspected so that they can escape various forms of examination by the authorized law enforcement officers.]]>
<![CDATA[Implementation Of Legal Protections Of Geographical Indications Of Lampung Robusta Coffee In Improving The Economy Of West Lampung Coffee Farmers ]]>
<![CDATA[B, Erlina]]>
<![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.v22i1.2322
<![CDATA[West Lampung Regency is one of the Robusta coffee producing areas. Lampung Robusta Coffee is registered by obtaining a Geographical Indication Certificate Number: ID G 000000026 dated May 13, 2014. The problems in this study are a) How is the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers and b) What are the factors What are the obstacles in implementing legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers? The research method used is juridical normative and juridical empirical. The conclusion of this study is the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers is to provide preventive and repressive forms of protection with reference to the theory of Intellectual Property Rights Robert M. Sherwood. The constraining factors in the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers are the low level of public education, the lack of awareness of coffee farmers in West Lampung Regency in including West Lampung Robusta Coffee Geographical Indications in product design, the absence of regulations at the level The Government of West Lampung Regency in implementing the inclusion of Geographical Indications for West Lampung Robusta Coffee and the weak legal awareness of the community towards the importance of Geographical Indications]]>
<![CDATA[The Notary's Liability Against the Cancellation of the Will by the Court which is detrimental to the Heirs ]]>
<![CDATA[Zulkarnaini, Isnanza]]>;
<![CDATA[Prihandhini, Liza]]>
<![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.v21i2.2323
<![CDATA[A will is one method of inheritance. In the Civil Code Article 875, a will is a deed containing a statement by somebody about what he wants to occur after he dies and could be revoked. Giving will be given at a time when the giver will still be alive , but implementation will be done at the time the giver will die. The deed will be authentic . A Notary Public is an office general or office given public authority by the state to make deeds authentic . A Notary Public must make it good and true . If somebody feels harmed by the deed of a will made by a notary , then he could submit a lawsuit to the notary. A deed made by a notary could be null and void or revoked by a decision court if the material and formal requirements are not fulfilled . If revoked by a court decision, they lose their legal force, and if revoked by the parties involved, the deed becomes null and void. If you're a Notary Public, To make an error in making a deed so could bring penalty good in the form of penalty civil , sanctions administrative , sanction code ethics, even penalty criminal.]]>
<![CDATA[Degradation of Executorial Rights and Execution Parate Institutions on Fiduciary Security After the Decision of the Konstitution Court Number 18/Puu-Xvii/2019 ]]>
<![CDATA[Triana, Yeni]]>;
<![CDATA[Winstar, Yelia Nathassa]]>
<![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.v22i1.2333
<![CDATA[Constitutional Court decision Number 18/PUU-XVII/2019 degrades the existence of executorial rights and execution parate institutions in the UUJF. Melements of the substance of the law in rangka this execution resulted in the purpose of the law can not be met. PeneThis research is a normative juridical research that will answer several questions. First, what is the essence of the position of eksekutorial rights, execution parate, promise injury clause in fiduciary security rules. Second, how the juridical analysis of the Constitutional konstitusi tersebutCourt decision. This study produced several results, first the decision of the Constitutional Court contradicts the essence of the existence of executorial rights and the institution of Parate execution. executorial rights and execution parate institutions arise from the existence of special guarantees granted privileges through executorial rights institutions and execution parate institutions. The article of promise injury in the main agreement essentially serves as clause naturalia. The naturalia clause means that althoughthis clause is not expressly stated, theinjury clause promises to remain. The nature pelaksanaanof execution is because there is no voluntary act of implementing a decision that has permanent legal force. Thus, establishing the validity of the executorial right when there is a voluntary surrender is contrary to the nature of the execution itself. Second, in making a decision, the judge should put forward the principle of legal mind, namely legal certainty, justice and usefulness. In the Constitutional Court ruling amar judge's decision does not reflect the certainty, justice and kemanfaatn]]>
<![CDATA[Perspective Analysis of Business Competition Supervisory Commission Regarding OJK Circular Letter ]]>
<![CDATA[fahmi, fahmi]]>
<![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.v21i2.2334
<![CDATA[The problem with the lower limit of the tariff lies in determining the amount of the lower limit. Generally, the lower limit is set with the aim of protecting all business actors in the industry without exception, including those who are inefficient and tend to be a burden on the industry in the long term. The lower limit will greatly benefit efficient business actors who should offer the competitive rates they would otherwise receive. The purpose of this study is to explain the Perspective Analysis of the Business Competition Supervisory Commission (KPPU) regarding OJK Circular Letter No. 6/SEOJK.05/2017 Year 2017 in Pekanbaru City, explaining the obstacles faced by the Business Competition Supervisory Commission (KPPU) regarding OJK Circular Letter No. 6/SEOJK.05/2017 Year 2017 in Pekanbaru City This research is a sociological legal research using a positive law enforcement approach. Because there is no study on the results of the OJK Circular Study No. 6 / SEOJK.05 / 2017 and there has been research with the same circular, namely the OJK Circular No. 06 / D.05 / 2013, the recommendation from KPPU to OJK is to revoke the lower limit tariff, because it is considered contrary to the principle of fair business competition. Obstacles faced by the Business Competition Supervisory Commission (KPPU) regarding OJK Circular No. 6/SEOJK.05/2017 in Pekanbaru City]]>
<![CDATA[Legal Review of the Role of the Ministry of Finance in Filing Bankruptcy Applications Against State-Owned Bankruptcy Debtors ]]>
<![CDATA[Harefa, Dios Ferdian]]>;
<![CDATA[Mahfud, Muhammad Afif]]>
<![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.v21i2.2356
<![CDATA[The purpose of this research is to find out how the Bankruptcy Regulations Against BUMN and how the Role of the Minister of Finance in Submitting the Application for a Statement of Bankruptcy Against BUMN Debtors, which with normative legal research methods are concluded: 1. Arrangements for bankruptcy of a State-Owned Enterprise (BUMN) are regulated as a whole in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. More specifically, the regulation is regulated in Article 2 paragraph (5) of Law Number 37 of 2004. Bankruptcy arrangements for BUMN have ambiguity or multiple interpretations related to the explanation of Article 2 paragraph (5) regarding BUMN that are engaged in the public interest, the Bankruptcy Law does not provide restrictions the criteria for the public interest are strictly defined, only using limits on the size and origin of the capital but not clearly explaining that what is meant by public interest is BUMN Perum. The existence of disharmony of the law regarding the authority of the Minister of Finance in insolvency of BUMN Perum must also pay attention to the principle of Lex posteriori derogate legi priori, namely the new regulation defeats or paralyzes the old regulation. 2. The Minister of Finance has an important role in submitting an application for a declaration of bankruptcy against a State-Owned Enterprise (BUMN). The Minister of Finance has a role to bankrupt a BUMN that is engaged in the public interest (perum) for the benefit of the country's economy, or to be one way to save the country's economy through bankruptcy. The role of the Minister of Finance in the bankruptcy of SOEs in accordance with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations is as an applicant for a declaration of bankruptcy against State-Owned Enterprises (BUMN) engaged in the public interest or Perum. In the event that BUMN creditors who will file for bankruptcy must first submit an application to the Minister of Finance through the Legal Bureau for State Property Law, Company, and Legal Information which will then be submitted to the Minister of Finance to immediately submit a request for a declaration of bankruptcy against BUMN to the Chairperson of the Court.Kata kunci: bangkrut; Menteri Keuangan;]]>
<![CDATA[Asymmetric Decentralization on the Recognition of Customary Law Community Units turned Customary Villages in Indonesia ]]>
<![CDATA[Ifdal, Abdurrahman Al-Fatih]]>;
<![CDATA[Lestarini, Ratih]]>
<![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.v22i1.2365
<![CDATA[Transformation from a customary law community unit (kesatuan masyarakat hukum adat) in Indonesia into a customary village (desa adat) indicates a move enacted by the government of Indonesia to promote asymmetric decentralization. The problem that arises therein is the loss of self-governing community autonomy when the autonomy is combined with local self-government functions, especially when the supervision from the central government to local units in each local government becomes too excessive. As such, the study aims to examine how asymmetric decentralization affects the paradigm of recognition of government functions (local self-government) in customary law community units turned customary villages. The focus of this research is on the recognition of the Baduy tribe in Kanekes Village, Leuwidamar District, Lebak Regency, Banten Province as a customary village. The output of this research is to know the consequences of adopting asymmetric decentralization to the paradigm of local self-government in customary law community units that become customary villages.]]>
<![CDATA[Elimination of Criminal Sanctions in a Forced Defense that Transgresses Limits as a Form of Justice ]]>
<![CDATA[Susanti, Heni]]>;
<![CDATA[Meduri, Mutia]]>
<![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.v22i2.2368
<![CDATA[The aim of the article is to prove that not all criminal acts can be punished. There is a rule that states if someone commits a crime for reasons of compulsion that exceeds the limit, it cannot be punished. The urgency of this research is that justice must be upheld, therefore criminals who commit crimes for reasons of Noodweer Excesses must be protected and given the opportunity for their rights as citizens to get justice in accordance with existing rules.. This research is a type of normative legal research. Normative research is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. The form of justice can be seen in the fulfillment of the elements of Article 49 Paragraph 2 of the Criminal Code regarding forced defense that exceeds the limit: the existence of a great mental shock due to attacks carried out by witnesses, causing the forced defense transgresses the limit. The act of defense is balanced with the attack that is threatened. Severe mental agitation is not only limited to asthenische affecten as in the form of anxiety, fear, or helplessness, but is a sthenische affecten such as anger, wrath or irritation and the consequences of turning self-defense into an attack and excessive or at least using drastical or disproportionate efforts. There is a threat of attack and an ongoing attack or danger is still threatening.]]>
<![CDATA[Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law ]]>
<![CDATA[Muhammad, Levy Maulana]]>
<![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.v22i2.2369
<![CDATA[Juridically, there is a legal problem where Situ Kayu Antap located in the city of South Tangerang has a discrepancy in the use of its space, namely the issuance of land rights without the results of analysis or study of relevant physical data and juridical data, so it is necessary to control the use of space in the situ area in the South Tangerang city area in the perspective of national land law. The type of research in this research is normative legal research, namely research on legal principles, legal theory, legal concepts and legislation related to this research. The theory, principles and legal concepts are used to determine that the location of Situ Kayu Antap is an inland water source in the South Tangerang city area which is designated as one of the National Strategic Areas and is a protected area that must be preserved for the welfare of the people. Based on the author's research, PT. Hana Kreasi Persada, which currently has a Building Use Right over the Situ Kayu Antap area, can have its land rights revoked on the basis of public interest and can be compensated by the South Tangerang city government based on the provisions of the applicable laws and regulations.]]>
