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[Tindak Pidana Pemilihan Sebagai Dasar Perselisihan Hasil Pemilihan Umum Kepala Daerah ]]>
<![CDATA[Wijaya, Rahmanu]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 17 No. 1 (2017): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v17i1.690
<![CDATA[The resolution of dispute over election results of regional head experienced a dynamic movement rate, in line with the dialectic of the implementation of election regional head itself. Whereas in the past, based on Article 34 Paragraph (1) of Indonesia Law Number 22 Year 1999, the filling of the position of regional head and deputy head of region shall be conducted by the Regional House of Representative by a peaceful election. However, since the enactment of Indonesia Law Number 32 Year 2004, in Article 24 paragraph (5) determined the filling of the position of regional head and regional representatives implemented through direct election by the people in the region concerned. This direct election which eventually became part of the election law regime based on Article 236 C of Indonesia Law Number 12 Year 2008. In line with the development of the election, there was also a mechanism for dispute resolution of the results of General Election based on Article 157 paragraph (3) of Indonesia Law Number 8 of 2015 becomes the absolute competence of the Constitutional Court where one of the reasons for the filing of a petition is based on an election crime.Keywords: Crime of Elections, Dispute on Results of General Election of Regional Head]]>
<![CDATA[PENERAPAN TEORI PERLINDUNGAN HUKUM TERHADAP HAK CIPTA ATAS PENYIARAN ]]>
<![CDATA[Tirtakoesoemah, Annisa Justisia]]>;
<![CDATA[Arafat, Muhammad Rusli]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 1 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i1.1084
<![CDATA[Intellectual property rights by nature provide economic benefits to the creator or holder of copyright and also to the state. Among the European countries that are members of the Euroean Union (EU) and in America, this awareness of economic benefits has been firmly planted. In these developed countries, several economic studies have been conducted which have proven the rapid growth of copyright contribution to the national income of the country. The need to recognize, protect and reward individuals or companies for their inventions and access to their work for the benefit of humans is beginning to be felt in Indonesia. In the context of copyright ownership over anything related to intellectual property rights, the law acts and guarantees the creator to control and enjoy exclusively the results of his work and if necessary with the assistance of the state for law enforcement. The results showed that legal protection can be carried out with supervision by the government and involves legal entities that already have the authority, socializing both the creators of a work or the copyright holder of a related rights product on the importance of registering or recording the work and the copyright holder submits lawsuit to the Commercial Court.Keywords:Legal Protection, Intellectual Property Rights, Copyright, Legal Entity]]>
<![CDATA[PENERAPAN BANTUAN HUKUM DALAM PROSES PENYIDIKAN DENGAN PRINSIP ACCUSATOIR ]]>
<![CDATA[Arafat, Muhammad Rusli]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 1 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i1.1085
<![CDATA[Investigation of criminal case through the criminal justice system must to base on the appropriate processes and procedure that can be accounted. One of the important procedures to investigation is the right to get legal protection. Legal protection is one of the fundamental rights that every human being possesses, one form of legal protection is right to obtain legal aid in every steps of investigation process. The legal aid has an important meaning for someone who dealing with legal issues. This research is discussed about application of legal aid in the process of police investigation. This research also specializes in the approach using the rule of national law (legislation) to be able to know the application of legal aid with the principle of accusatoir. The result of this research is Legal aid can reduce the number of violence in the process of investigation of suspects by the police (investigation) in order to protect the human rights of the suspect, the role of legal aid is needed, the number of investigation of suspects not accompanied by advocate it cause torture of the suspect, because the investigator considers the suspect to be an object of inspection instead of placing the suspect as the subject of the investigation.Keywords: The criminal justice system, Investigation, legal aid, accusatoir principle]]>
<![CDATA[NETRALITAS APARATUR SIPIL NEGARA DALAM PENYELENGGARAAN PEMILIHAN KEPALA DAERAH ]]>
<![CDATA[Sugiharto, Imawan]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 1 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i1.1086
<![CDATA[Civil servant mus be neutral from the influence of all groups and political parties didn’t discriminating in providing service to the community. The Things are regulated in Constitution of Republic Indonesian, that Election of Regional Head should be a space of democracy to vote their Regional Head who they want and choices. In the facts, found in some areas, civil servant has supported one of the candidates. The puspose in this research is to analizing how to netrality of civil servant in election of regional Head in Indonesia June 2018. This is normative research. The approach used in this study is statue approach. The results of this research are civil servant in a whole area in Indonesia like a Madiun City, Tegal City, Pemalang, Brebes and others is still involved supporting of the candidates by secret or by openly. As the result, they are given sanctions. unfortunately, the sanctions provided didn’t provide a deterrent effect for the perpetrators. Keywords:Netrality of Civil Servant, The Election of Regional Head.]]>
<![CDATA[PEMBERLAKUAN PEMBATASAN EKSPOR MINYAK BUMI DIKAITKAN DENGAN UNDANG-UNDANG NOMOR 22 TAHUN 2001 TENTANG MINYAK DAN GAS BUMI DAN THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 (GATT)/WTO SERTA IMPLIKASINYA TERHADAP KEDAULATAN EKONOMI INDONESIA ]]>
<![CDATA[Nasrina, Nasrina]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 1 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i1.1087
<![CDATA[The crude oil export restrictions which is necessary to supply domestic needs. However, the crude oil export restrictions must be applied in accordance with the provisions of the WTO / GATT that have been ratified and binding on Indonesia to avoid any claim from other WTO/GATT’s member. Indonesia have applied non tariff measures which may restrict the crude oil export in the form of management and utilization of government’s crude oil entitlement under Joint Cooperation Contract (JOC) by SKKMIGAS and PT. Pertamina, and contractor’s domestic market obligation equal to 25% (twenty five percent) of contractor’s crude oil entitlement under JOC production sharing. This research attempts to analyze are restrictions non tariff crosses wto to limit oil exports and has implications to sovereignty indonesian economyResearcher used a descriptive specification analysis, using the method of juridicial approach normative, that is an approach of the norms of the law, the comparison of law which emphasized the research through literature or secondary data. The technique used was literature study practice to a secondary data and retirement conclusions from the results of studies that have been collected perfomed by using the method of juridical analysis quantitative. Based on the research, Indonesia apply export restrictions petroleum by domestic market obligation didn’t the violation of the provisions article XI GATT which are in accordance with article XX General exceptions ( g ) having GATT which is the main objective of natural resource conservation . the government limit in the form of non tariff of by means of dmo .DMO is interpretation of Sovereignty Indonesian Economy. Export restrictions petroleum also have an implication to sovereignty economy which is to change law No. 22 year 2001 concerning Oil and natural Gas. Export restrictions petroleum been written in law no. 22 2001 about oil and gas the earth not have an implication to sovereignty indonesian economy .Indonesia has implement authority and not the violation of the provisions GATT/WTO Keywords: Petroleum restrictions, implications, economic sovereignty]]>
<![CDATA[POLITIK HUKUM PELINDUNGAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA PASCA DI RATIFIKASINYA TRIPS AGREEMENT ]]>
<![CDATA[Wicaksono, Imam]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 1 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i1.1088
<![CDATA[Intellectual property rights actually not a new thing in Indonesia, since the Dutch East Indies Government, Indonesia has a law on Intellectual Property Rights. The regulation of Intellectual Property Right enactment of the laws of the Dutch East Indies government , imposed in Indonesia as a Dutch colony based on the concordance principle. At that time regulation of Intellectual Property Rights in Indonesia had just received three sector; Copyright, Trademarks, and Patents. Expansion of the regulation of Intellectual Property Rights in Indonesia has only been carried out after the ratification of the TRIPS Agreement. In this study the author will analyze the legal politics of protecting intellectual property rights before the ratification of the TRIPS Agreement. And what is the legal policy of the protection of intellectual property rights after the ratification of the TRIPS Agreement. This legal research is normative legal research. The results showed that with the emergence of a new law replacing the old colonial-made law, the understanding and scope of intellectual property rights protection in Indonesia became wider. The amendment to the Intellectual Property Rights Act in Indonesia cannot be separated from the ratification of the TRIPS Agreement and Indonesia's involvement in world trade.Keywords: Legal Politics, Legal Protection, Intellectual Property Rights, TRIPS Agreement]]>
<![CDATA[AKSESABILITAS KAUM DIFABEL DALAM PERLINDUNGAN HUKUMNYA DALAM PERSPEKTIF HAK ASASI MANUSIA ]]>
<![CDATA[Umam, Muhammad Miftahul]]>;
<![CDATA[Arifin, Ridwan]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 1 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i1.1089
<![CDATA[Intellectual property rights by nature provide economic benefits to the creator or holder of copyright and also to the state. Among the European countries that are members of the Euroean Union (EU) and in America, this awareness of economic benefits has been firmly planted. In these developed countries, several economic studies have been conducted which have proven the rapid growth of copyright contribution to the national income of the country. The need to recognize, protect and reward individuals or companies for their inventions and access to their work for the benefit of humans is beginning to be felt in Indonesia. In the context of copyright ownership over anything related to intellectual property rights, the law acts and guarantees the creator to control and enjoy exclusively the results of his work and if necessary with the assistance of the state for law enforcement. The results showed that legal protection can be carried out with supervision by the government and involves legal entities that already have the authority, socializing both the creators of a work or the copyright holder of a related rights product on the importance of registering or recording the work and the copyright holder submits lawsuit to the Commercial Court.Keywords:Legal Protection, Intellectual Property Rights, Copyright, Legal Entity]]>
<![CDATA[IMPLEMENTASI DALUARSA GUGATAN DALAM PUTUSAN PERADILAN TATA USAHA NEGARA DI INDONESIA ]]>
<![CDATA[Jaelani, Abdul Kadir]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 2 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i2.1090
<![CDATA[This study aims at describing the application of the expiry of the case in Indonesia 's State Administrative Court ruling, the form of analysis used is conventional legal investigation. This analysis is concise. The type of data that is used is secondary. Secondary techniques of gathering data were obtained through research into libraries. All primary and secondary data were qualitatively analyzed. The findings showed that the Semarang State Administrative Court Decision No. 64 / G/2014 / PTUN.SMG and the Surabaya State Administrative Court Decision No. 135 / B/2015 / SBY did not explore and analyze the Supreme Court Circular Letter Number 2 of 1991 concerning the Implementation Guidelines for Several Provisions in Law Number 5 of 1986 concerning State Administrative Court, section V number 3, Article 39 paragraph (1) and paragraph (2) of Law Number 32 Year 2009 concerning Environmental Protection and Management and Article 9 paragraph (1) jo Article 4 of Law No. 14 of 2008 concerning Public Information Openness.Keywords:Case Expiry, Administrative Court and Decision ]]>
<![CDATA[EFEKTIVITAS PENERAPAN SANKSI PIDANA PENJARA TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA ]]>
<![CDATA[Hikmawati, Nurika Latiff]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 2 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i2.1091
<![CDATA[Law Number 11 of 2012 concerning the Child Criminal Justice System is expected to be a model of a criminal justice system that is more child-friendly in Indonesia. But until now the implementation of the juvenile justice system in Indonesia is still found many problems, especially in Purwokerto. The problems examined in this study are: first, how the effectiveness of the application of imprisonment sanctions against children who commit crimes; Second, what factors hinder the application of sanctions imprisonment of children in the jurisdiction of the Purwokerto District Court. This research uses sociological juridical methods. The approach used is a case approach. The results showed that the application of imprisonment sanctions against children who commit crimes in the jurisdiction of the Purwokerto District Court was not effective. The inhibiting factors are legal factors, law enforcement factors, supporting facilities or factors, community factors and cultural factors. The effectiveness of the application of sanctions imprisonment against children can be implemented well when the law is upheld and the morality of law enforcement and the community that supports in that direction.Keywords:Effectiveness, Criminal Prison, Children]]>
<![CDATA[HAK MEREK SEBAGAI JAMINAN GADAI UNTUK PERMODALAN UMKM INDUSTRI KREATIF KERAJINAN BATIK ]]>
<![CDATA[Hakim, Miftahur Rahman]]>;
<![CDATA[Kholidah, Nur]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 18 No. 2 (2019): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i2.1092
<![CDATA[Creative industries are industries that intensify information and creativity by relying on stock of knowledge and ideas from Human Resources (HR). One type of creative industry is the batik creative industry. Industrial development was hindered by the inability to access capital, whether provided by the government or other financial institutions. The purpose of this study was to initiate the utilization of batik industry brand rights as collateral for pawning. This type of research uses library research (library research) obtained from literature sources through library research. Then use descriptive methods. Data collection techniques in this study are document studies. Then the data analysis includes: Descriptive Analysis (Analysis Descriptive) and Content Analysis (Content Analysis). The results of the study show that brand rights can be used as collateral for pawning. The use of brand rights as collateral is expected to support the growth of the UMKM batik creative industries in Pekalongan.Keywords:brand rights; collateral; mortgage.]]>
