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[Legal Protection for Losses Caused by Online Arisan ]]>
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3525
<![CDATA[The purpose of this research is to analyze (1) The Position of Oral Agreement in Online Arisan According to Civil Law and (2) Legal protection for losses caused by online-based arisan. The type of research used in empirical juridical research, with the type of legislative approach and conceptual approach. The results of the research are (1) The position of Oral Agreement in Online Arisan according to Civil Law is valid and binding for both parties who make it. This is based on the principle of freedom of contract, that contracts can be made in any form, whether written or unwritten (oral). As long as the two parties making the agreement both agree and the contents of the agreement to be made do not at all contradict the laws of decency, public order and laws that apply in society. In addition, oral agreements that occur in online arisan are also included as innominaat contracts or unnamed agreements. An unnamed agreement is an agreement whose form and type are not mentioned in the Commercial Code or Civil Code. (2) Legal protection for losses caused by online-based arisan, protection can be obtained by the injured party in the form of compensation or good faith from the admin or parties who violate the contents of the agreement that has been made. And if all the evidence reported is clear, including the type of agreement. Although in Article 1320 of the Civil Code, the agreement does not have to be in writing, but if the party has carried out the contents of the agreement, the party who committed the violation can be prosecuted legally, it is an effort to protect the parties of online arisan members.]]>
<![CDATA[Legal Regulations on Road Traffic Accidents for Motorized Vehicle Owners in Indonesia ]]>
<![CDATA[Rivan Achmad Purwantono]]>;
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Anis Mashdurohatun]]>;
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3526
<![CDATA[Regulations pertaining to the liability of motorized vehicle owners in Indonesia, as stipulated by Law Number 34 of 1964 concerning Traffic Accident Funds and Government Regulation Number 18 of 1965 regarding the Implementation Provisions of Road Traffic Accident Funds, have yet to be implemented since enactment. This is due to the lack of justice for motorized vehicle owners or operators whose vehicles are involved in accidents, but are not under their immediate control. The prevailing regulations do not adequately differentiate between individual and collective liability for traffic accidents. This study aimed to analyze the weaknesses inherent in the existing regulations, particularly in regards to the liability of motorized vehicle owners for accidents, which have not been handled with due fairness. The research paradigm seeks to examine the existing state (das sein) and the ideal state (das sollen) related to the legal liability of motorized vehicle owners. ]]>
<![CDATA[Crime of Embezzlement in Employment Relationship ]]>
<![CDATA[Darwati Darwati]]>
<![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.v19i2.3533
<![CDATA[The worker was accused of embezzlement in the purchase of lunch boxes. Due to this incident, the worker was asked to resign. However, because the worker had no intention of taking control of the money, the worker refused the request from personnel to resign. For this refusal, the worker was reported to the police on charges of violating Article 372 and Article 374 of the Criminal Code. This study aims to analyze and find out the duties and authority of personnel in the company, then whether the worker's mistake is included in the violation and analyze the legal considerations of the Panel of Judges Number 1320/Pid.B/2019/PN.JKT.TIM whether it is in accordance with the applicable regulations. The research methods used are normative juridical and sociological juridical. The results showed that Personnel have the authority to provide guidance to workers if they make mistakes or violate company rules. Workers' mistakes are not included in violations of Criminal Code 372 or Criminal Code 374. Decision of the Panel of Judges Number 1320/Pid.B/2019/PN. JKT. TIM violates Article 2 of Indonesian Supreme Court Regulation Number 2 of 2012 concerning Adjustment of the Limits of Minor Crimes and the Amount of Fines in the Criminal Code, Limited Liability Company Law.]]>
<![CDATA[IMPLEMENTATION OF DISPUTE RESOLUTION REGARDING DOUBLE CERTIFICATES AS PROOF OF OWNERSHIP OF LAND RIGHTS AT THE MAROS DISTRICT NATIONAL LAND OFFICE ]]>
<![CDATA[hasbuddin khalid]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3574
<![CDATA[This research aims to analyze the factors that cause the issuance of double certificates in Maros Regency. This type of research uses empirical legal research methods, namely methods sourced from primary data using the interview method. The results of this research show that, First: Land rights give the authority to use a certain plot of land accompanied by the obligation to look after the land; Research recommendations for BPN to increase outreach or education to the public regarding the importance of mapping land plots and re-mapping land plots that have been certified and for the public to be more careful in protecting the land assets they own so that land disputes do not occur in the future.]]>
<![CDATA[IMPLEMENTATION OF DIVERSION TOWARDS CHILDREN IN CONFENCE WITH THE LAW AT THE INVESTIGATION LEVEL AT THE YAPEN ISLANDS POLICE ]]>
<![CDATA[Fitriyah Ingratubun]]>
<![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.v19i1.3604
<![CDATA[This study seeks to ascertain the implementation of diversion by investigator as a means of resolving criminal cases at the Yapen Islands Police, as well as the efforts and obstacles in implementing diversion for children in conflict with the law at the investigation level at the Yapen Islands Police. This is normative study in which the application of regulations or norms in positive law is examined. Aside from that, academics employ empirical juridical research methodologies, which involve examining events or happenings inside society, which is a social phenomenon related to law. The research findings indicate that the implementation of diversion against minors who are in violation of the law at the investigative level at the police station Yapen Islands in compliance with Law Number 11 of 2012 on the Juvenile Criminal Justice System. Diversion was accomplished by involving linked parties, both victims and children perpetrators of a criminal conduct. However, the processing of criminal crimes committed not all children attempt diversion. This is because juvenile perpetrators who do criminal crimes are performed by people who are the same, so investigators do not need to perform diversion. The presence of institutions with internal authority that provide guidance to children, such as a Development Institute Special Children (LPKA), Temporary Child Placement Institution (LPAS), and The Social Welfare Implementation Institution (LPKS), is expected to reduce the number of crimes committed by children, so that children who are in conflict with the law do not repeat the same act breaking the law. Repetition of criminal activities performed by children who are in dispute with the law demonstrates that the goal of diversion has not been met, and hence diversion measures against minors may not be necessary.]]>
<![CDATA[DISHARMORNISATION OF CRIMINAL LIABILITY RELATED TO LAND FIRE DUE TO CLEARING PLANTATION LAND ]]>
<![CDATA[Arman Koedoeboen]]>
<![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.v19i1.3607
<![CDATA[Burning forests or land is a crime that must be combated comprehensively by every party. One effort to punish perpetrators of forest or land burning is to impose a prison sentence and the maximum possible fine, to act as a deterrent and serve as a lesson to those who commit this act. The emergence of disharmonization between Law No. 32 of 2009 concerning Environmental Protection and Management and Law No. 39 of 2014 concerning Plantations regarding criminal sanctions against perpetrators of land burning is studied with the assumption that what is happening is the result of a malfunction of the law and related law enforcement. with land fires as expected. The type of research used is normative juridical legal research, namely research that focuses on examining the application of rules or norms in positive law. The existence of multiple interpretation articles has hampered the achievement of legal objectives, namely providing a sense of justice, legal certainty and legal benefits. This multi-interpretation article creates legal uncertainty due to the variety of judges' decisions on the same case. Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 39 of 2014 concerning Plantations are also less useful because they cause fear in the community, thereby triggering unrest in society. Commission I DPR RI needs to immediately revise or harmonize Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 39 of 2014 concerning Plantations, especially regarding restrictions or benchmarks for offenses and the application of criminal sanctions.]]>
<![CDATA[Analysis Of The Planning And Control Functions On Regional Development In Sarmi Regency Province of Papua ]]>
<![CDATA[Roida Hutabalian]]>
<![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.v19i1.3608
<![CDATA[This study aims to determine and analyze the Development Planning System on the supervision of development implementation and what influences the implementation of development in Sarmi Regency, Province of Papua. This research method uses empirical juridical, as an attempt to approach the problem under study with a real legal nature or in accordance with the reality that lives in society. Empirical legal research is research in the form of empirical studies to find theories regarding the process of occurrence and about the working process of law in society. By examining the nature of the law that actually occurs or applies in the field in relation to the analysis of the application of the regional development planning system as a function of supervision of the Implementation of Regional Development in Sarmi Regency Province of Papua.The results obtained show that the function of planning and supervising regional development in Sarmi Regency is so that regions can monitor, measure performance targets, results, and impacts of development programs in a clear and focused manner based on the vision and mission set by the Sarmi Regency Government. The factors that influence development in Sarmi Regency is that there must be mutual coordination between each SKPD in order to be able to develop a development plan program. In addition, there are also various obstacles in development, namely the low quality of Human Resources at the Regency/City level, weak community participation, the tendency of Regency/City governments to close access to information, as well as the struggle for customary rights with customary land owners.]]>
<![CDATA[Application of Non-Tax State Revenue (PNBP) to Marriage Costs in Takalar Regency ]]>
<![CDATA[Adnan Lira]]>
<![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.v19i2.3609
<![CDATA[This research aims to determine the public's response to PP no. 48 of 2014 in Takalar Regency , to determine the effectiveness of PP no. 48 of 2014 on wedding costs in Takala Regency, and to find out the implications of implementing PP No. 48 of 2014 regarding wedding costs in Takalar Regency . This type of research uses a field method , namely a method that uses structured interviews . The results of this research indicate that, the presence of PP no. 48 of 2014 shows a positive response to the community ,Implementation of Government Regulation no. 48 of 2014 regarding marriage fees in Takalar Regency is considered less effective, this can be seen from the legal substance which still has issues regarding the involvement of several parties and the nominal difference in marriage fees, law enforcement which is still lacking and the community response which still uses third parties to take care of it. administration , there are three typical societies after the emergence of PP No. 48 of 2014: People who know and implement it, people who know and don't implement it, people who don't understand PP No. 48/2014 ]]>
<![CDATA[Legal Aspects Of Revenge Porn Crimes In Indonesia ]]>
<![CDATA[Muhammad Rinaldy Bima]]>
<![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.v19i2.3614
<![CDATA[Revenge Porn is the name given to the practice of circulating pictures of an individual in a state of undress and/or participating in sex acts. Such photographs are often circulated along with personal information identifying the individual's online accounts and disclosing where the individual lives. The method used in examining this discussion is normative in the form of literature research using literature and laws as legal material, while The result of this study is that there are regulations can protect victims from the crime of revenge Porn. There is a gap in Indonesian revenge pornography laws. To overcome the hole in norms owing to conflicting interpretations and allow law enforcers to implement the law, the Criminal Code, Pornography Law, and Electronic Transaction Information and Mass Law must be clearly formulated. According to laws governing pornographic vengeance against women]]>
<![CDATA[Authority for Judicial Determinations in Connection Cases ]]>
<![CDATA[Arief Fahmi Lubis]]>
<![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.v19i2.3618
<![CDATA[The matter of connectivity is a criminal matter carried out by military personnel and civilians, both jointly (mede dader) and as accomplices (deelneming), so in the resolution process, it is regulated by several laws and regulations because it involves two jurisdictions, namely civilian and military courts. The purpose of this research is to demonstrate that in cases where the damage is more inclined towards military interests, the case is tried in military court, and if the damage is heavier on civilian/public (non-military) interests, there is a possibility of being tried in civilian court. A descriptive approach in qualitative research was used to systematically and quickly gather factual data in accordance with the description when conducting research. The results of this research show that although Article 90 of the Criminal Procedure Code (KUHAP) explains which jurisdiction handles the case, it is in the hands of the research team, including the prosecutor or chief prosecutor and military prosecutor or chief military prosecutor, based on Article 33 of the Supreme Court Law, the Supreme Court is worthy of taking over this authority.]]>
