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[PROBLEMATIKA PENERAPAN ASAS TERJANGKAU DALAM PENDAFTARAN TANAH ]]>
<![CDATA[Denik Puspita]]>
<![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.v18i2.1129
<![CDATA[This study aims to analyze and determine the problems of applying the principle of affordability in land registration in Indonesia. The results showed that the principle of issuing certificates to take care of land registration must be adjusted to simple and affordable principles, where these principles mandate the process of issuing land certificates to run quickly, while the cost of issuing land certificates is not too expensive for the poor.Keywords:Principle of Affordability; Land: Certificate]]>
<![CDATA[STATUS HUKUM TANAH KERATON KASEPUHAN CIREBON SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA ]]>
<![CDATA[Thanisa Dita Murbarani]]>
<![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.v18i2.1130
<![CDATA[This study aims to analyze and determine the legal status of the land of the Kasepuhan Palace in Cirebon after the enactment of Law Number 5 of 1960 concerning Basic Agrarian Regulations. The results show that the legal status of the Kasepuhan Sultanate lands has been transferred to the state based on the Fourth Dictum letter A Law Number 5 of 1960 concerning Basic Agrarian Principles and the land is redistributed as the object of the provisions regarding land reform on the legal basis of Article 1 Government Regulation Number 224 of 1961. It is very inversely proportional to assuming that the Kasepuhan Palace land is not and has never become self-government, then the legal status of the Kasepuhan Palace land is fully controlled as customary land / wewengkon land / prohibited forest belonging to the Kasepuhan Palace Cirebon. The problem is, based on authentic evidence, the Kasepuhan Palace has never been self-governing, but the lands controlled from generation to generation or the land of the Keraton Kasepuhan Cirebon are still redistributed by the government. So, the legal status of the Kasepuhan Palace lands is currently unclear.Keywords:Keraton; Land; Cirebon.]]>
<![CDATA[Pengecualian Rahasia Perbankan untuk Kepentingan Perpajakan di Indonesia ]]>
<![CDATA[Ika Khairunnisa Simanjuntak]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1131
<![CDATA[ Act Number 7 of 1992 as amended by Act Number 10 of 1998 concerning Banking and several related rules already regulated the exclusion of bank secrecy, especially for tax purposes. However, the existing mechanism has not been able to accommodate the exchange of financial information within the framework of the Automatic Exchange of Information (AEOI). Then the Financial Information Access Act was formulated which regulates the automatic exchange of financial information that has never been known before. The problems discussed in this study are how the exclusion of bank secrecy are for tax purposes that have been carried out in Indonesia and how the exclusion of bank secrecy are regulated in the Financial Information Access Act. The research method used is a normative juridical method with a descriptive analytical research approach. The results of the study found that the exclusion of bank secrecy has long been known in Indonesia but is still limited by a convoluted bureaucracy. Whereas in the Financial Information Access Act, exclusion take place automatically but there are sanctions for those who misuse information.Keywords:Bank Secrecy; Access to Financial Information; Tax.]]>
<![CDATA[Kewenangan Pemegang Protokol Notaris yang Meninggal Dunia untuk Mengeluarkan Salinan Akta dari Minuta Akta yang Belum Lengkap Tanda Tangannya ]]>
<![CDATA[Anggri Rudianto]]>;
<![CDATA[Suhariningsih Suhariningsih]]>;
<![CDATA[Bambang Winarno]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1132
<![CDATA[This legal research is a study of normative law with the approach of legislation, conceptual and case. The purpose of this research is to know and analyze the existence of legal vacuum because not yet the regulation of notary protocol holder authority related to minuta deed which not yet complete its signature and responsibility of protocol holder if still issuing copy of related deed. The provisions of Article 62 of the UUJNP concerning the reasons for the handover of a notary protocol are attributed to one of the process of making notarial deeds as stipulated in Article 16 paragraph (1) subparagraph m UUJNP and having the authority to grant grosse, copy and quotation of deed Article 64 UUJN as well as holders of notary protocol also has the authority as the notary itself. Based on the description, it is possible that the notary who passed away has not completed the signature that must be in the minuta so that the authority of the protocol holders related to the deed becomes a separate issue. The responsibility of the protocol holders against the notarized deed minas is to make copies of the original letters under the hand in the form of copies containing the description as written and described in the corresponding letter (Article 15 paragraph (2) letter c UUJNP) and not authorized issuing a copy of the deed because the minus deed is not an authentic deed but a deed under the hand. Judicial implication for the notary protocol holder issuing a copy of the deed minus not noted by a notary public is the holder of notary protocol may be subject to criminal sanction namely Article 55 juncto Article 264 of the criminal code is making a fake authentic act deliberately.Keywords:Notaries; Notary Protocols; Notary Protocol Holders.]]>
<![CDATA[Sanksi Hukum Terhadap Pelaku Tindak Kekerasan Terhadap Perempuan dan Anak ]]>
<![CDATA[Taufiq Taufiq]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1133
<![CDATA[Violence against women and children is any act that results in physical and psychological suffering for women and children. Violence against women and children is a crime that can be subject to criminal sanctions. The government tries its best to eradicate and eliminate acts of violence against women and children, by enacting Law Number 23 of 2002 as amended by Law Number: 35 of 2014 concerning the first amendment to Law Number 23 of 2002 concerning child protection , which was amended again by Perpu Number: 1 of 2016 concerning the third amendment of Law Number: 23 of 2002 concerning child protection, and Law Number: 23 of 2004 concerning the Elimination of domestic violence. The provisions of the laws and regulations as mentioned above, although they contain heavy legal sanctions, in reality there are still many cases of violence against women and children. This study uses a normative juridical approach or library research. The conclusion from the research results is that heavy legal sanctions, without ethical awareness of law enforcement officials to commit to enforcing them, will not deter the perpetrators and others from committing acts of violence against women and children. Eradicating or eliminating violence against women and children requires comprehensive efforts from all components of the nation, starting with taking formal and non-formal preventive actions.Keywords:Legal; Sanctions; Violence]]>
<![CDATA[Optimalisasi Kemandirian Kelautan dalam Mewujudkan Pembangunan Budaya Maritim Nasional ]]>
<![CDATA[Sugianto Sugianto]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1134
<![CDATA[National development is in line with the direction of the Marine Policy as outlined in the 2015-2019 RPJMN. Joko Widodo-Jusuf Kalla's Nawacita program in Point 1 is to assess itself as a maritime country and strengthen marine surveillance and build national connectivity. In realizing a maritime policy order in Indonesia, it is imperative to create independence and sovereignty in order to organize national development towards a national maritime axis. In accordance with its geographic identity, Indonesia has a vision as a World Maritime Axis. The government has a number of agendas related to this vision, including related to maritime culture development, maritime resource management, infrastructure development and maritime connectivity, diplomacy and maritime security defense. It is hoped that from the implementation of this maritime axis, Indonesia's economy and prosperity will increase.Keywords:Maritime axis; Community economic growth.]]>
<![CDATA[Bisnis Transportasi dalam Pusaran Globalisasi ]]>
<![CDATA[Mutimatun Ni’ami]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1135
<![CDATA[This study aims to examine the differences between conventional taxis and online taxis and whether the existing legal regulations are sufficient to regulate the two modes of transportation. The author's curiosity comes from seeing the past when taxis were considered a luxury means of transportation that people rarely use except for emergencies, so city buses and public transportation become the choice of citizens. The choice that was "forced" to be taken considering the low cost and far coverage. Now, when online taxis offer low costs and easy access, the means of transportation that have become "gods" have fallen. The drivers gasped, the transportation entrepreneurs were distracted to finance their business empire and the passengers were no longer greeted by buses and public transportation. This research is a sociological legal research which makes a phenomenon that exists in society and its influence on existing legal rules. The research results show that the difference between conventional taxis and online taxis lies in the amount of tariff, standardization of services, determination of routes and special features and legal protection. The government needs to be firm in regulating the existence of online transportation, given the potential for conflict over disparity in tariff differences and the importance of legal protection for drivers and passengers in driving safety.Keywords:Online Taxi; Conventional Taxi; Legal.]]>
<![CDATA[Implementasi Standar Sumber Daya Manusia dan Pelayanan Minimal Kesehatan di Kota Pekalongan ]]>
<![CDATA[Anik Indriono]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1136
<![CDATA[ Hospital is a health service facility that must provide services according to applicable service standards. One of the front guards of a hospital is an Emergency Room (IGD) which will provide emergency assistance to every patient. Emergency is a condition that threatens life and disability, so it needs fast, precise, effective and quality action. This can be achieved if the hospital has a standard of service in the Emergency Room. This study aims to determine the implementation of HR standards and minimal services in hospital emergency departments. This research is a qualitative research with a sociological juridical approach. Sociological juridical is legal research that uses secondary data as initial data, which is then followed by primary data or field data. The juridical aspect in this research is the regulation of the minister of health regarding the standards of the Hospital Emergency Room and the sociological aspect is the implementation of the rules in the ministerial decree by the hospital. Sources of legal materials for this research include primary and secondary legal materials. Data collection techniques used are through interviews and literature. The results showed that the Standard Emergency Room is regulated in Law No. 44 of 2009 concerning the Hospital. In particular, the IGD standard has been regulated in the Republic of Indonesia's Minister of Health Kepmenkes No.856 / Menkes / SK / IX / 2009 regarding the standard of Hospital Emergency Room Installation. But in reality in the field, the hospital has not fully implemented these regulations, so the quality of service in the ER is less. Thus the patient's right to get quality services is neglected. According to the Hospital Law Article 29 Paragraph 1 point (a) that "Hospitals are obliged to provide safe, quality, anti-discrimination, and effective health services by prioritizing the interests of patients in accordance with Hospital service standards". The supporting factors for implementation are high human resource motivation and the inhibiting factors, namely the opportunity and cost of further study for nurses, do not yet exist.Keywords:Implementation; Human Resource Standards; Minimum Service Standars; Hospital.]]>
<![CDATA[Law Compliance Against Perpetrators of Covid-19's Forced Retrieval ]]>
<![CDATA[Endang Yuliana Susilawati]]>;
<![CDATA[Tabah Budi Prasetyo]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1137
<![CDATA[The spread of Corona Virus Disease 2019 (COVID-19) in Indonesia is now increasing and extending across regions and across countries. The increase has resulted in death, decline and economic slowdown (recession), disrupted educational, economic and social activities, and most concerned about the psychological impact and behavioral changes on society. Like the case of coaxial corpse-19 corpse taking, this was the impact of the lack of effective socialization, education and communication from the government to the community and the hospital to the family /community. In this case, law enforcers need to participate in educating and disseminating to the public effectively and acting decisively against people who insist on violating applicable health regulations / protocols. Law enforcement can be done in a humane and solutive manner so as not to cause resistance in the midst of society. If the public still insists on violating the coaxial collection of covid-19 bodies, they may be subject to sanctions such as Article 93 of Law No. 6 of 2018 concerning Health Quarantine jo Article 211, 212, 214 of the Criminal Code, Article 335 of the Criminal Code, with a penalty of up to 7 (seven) years prison and Article 336 paragraph 1 and 2 of the Criminal Code. This paper aims to review and discuss the rule of Law enforcement the suspect the force bodies covid-19.Keywords:Law Enforcement; Covid-19; The Force Bodies Covid-19]]>
<![CDATA[Problematika Pemilihan Kepala Daerah Calon Tunggal Dalam Demokrasi Indonesia ]]>
<![CDATA[Nurfaika Ishak]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1144
<![CDATA[This study aims to explain the arrangements for a single candidate regional head election and how people's sovereignty is channeled into the democratic process of regional head elections. This type of research is a descriptive normative juridical study. The data used are secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The results showed that the regulation of regional head elections with only 1 (one) pair of candidates began with the issuance of the Constitutional Court decision Number 100 / PUU-XIII / 2015 which was subsequently followed by the issuance of General Election Commission Regulation Number 14 of 2015 and Law Number 10 of 2016. Whereas the people are the determinants of government administration power through the regional head election process so that the people as the main activator of the wheel of democracy should not be hindered in choosing candidates for regional head leaders even though there is only one pair of candidates involved in the election. Election of heads must be carried out honestly and fairly so that political awareness by all citizens can be realized.Keywords: Local Elections; Sovereignty; Democracy.]]>
