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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 1,631 Documents
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JURIDICAL ANALYSIS OF UNAUTHORIZED CARDS IN SPECIAL SEA TRANSPORT ACTIVITIES Yotham Th Timbonga
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.3682

Abstract

The legal regulations for transportation in Indonesian shipping have not been implemented properly. This is due to the lack of effective and relevant implementation of sea transportation regulations, it has been proven that goods are still being loaded without government permission. The type of research used in this research is the normative juridical method. with a statutory regulation approach and a case approach. The results of this research are that maritime transportation regulations in Indonesia are regulated in the Civil Law, Commercial Law and Law Number 17 of 2008 concerning Shipping. The judge's legal consideration in handing down a decision in case Number 326/Pid.Sus/2016/PT.PBR is that the judge decides the case based on the facts revealed in court by examining several pieces of evidence, so that the judge believes that the elements contained in Article 285 Law No.17 of 2008 concerning Shipping Jo. Article 55 paragraph (1) 1 of the Criminal Code which is the basis for the public prosecutor's demands is fully fulfilled.
COPYRIGHT LEGAL PROTECTION FOR GOLDSMITHS' ARTWORK IN JAYAPURA CITY Supriyanto Hadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.3689

Abstract

This research aims to determine the factors that cause widespread copyright violations in the form of piracy of gold works of art among gold craftsmen in Jayapura City and also to find out the enforcement of Haki law in Jayapura City, especially those related to Copyright violations of gold works of art. This research was carried out using legal research methods with sociological juridical approach techniques, namely analyzing research problems based on the application of positive law against Copyright violators. Apart from the approach mentioned above, a normative juridical approach is also used, namely a legal research method approach whose data is based on secondary data obtained through literature studies originating from reference books to support primary data obtained from the field. The results of the research show that the reason for the widespread piracy or imitation of gold craft motifs in Jayapura is because of the collectivist values held by Indonesian society, especially among craftsmen, so that the creation of a motif immediately becomes common property, giving rise to imitation. The enforcement and protection of IPR law is not going well at all among Indonesian society, including the gold crafts community which has values and views that are different from the economic values adhered to by the capitalist economy. On the other hand, the legal awareness of the community in general and gold craftsmen in Jayapura in particular is very worrying, they don't understand Haki at all, let alone the procedures for registering it, they don't care what happens to their work.
ANALYSIS OF ABUSE OF AUTHORITY RESULTING IN CRIMINAL ACTS OF CORRUPTION Baharuddin Badaru
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.3823

Abstract

Many officials abuse their authority, resulting in criminal acts of corruption that harm state finances. In this way, corruption has become a tradition for state officials, resulting in the eradication of corruption being somewhat difficult to eradicate because corruption is carried out in an organized manner or in groups such as that carried out by members of the People's Representative Council both at the center and in the regions.
Position of Notary in Indonesia as a State Official Godvin Triastama Simamora
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4272

Abstract

A notary is a public official authorized to make authentic deeds, but apart from that, in fact, there are also notaries who become state officials after being appointed as public officials. One of the difficulties of the The Rules of Notary Profession (UUJN) is the conflict between Article 8 paragraph (1) letter e juncto Article 3 letter g and the prohibition of Article 17 paragraph 1 letter d with Article 11 paragraph 1, so that there is a conflict of interest in concurrent positions, that raises question which steps should be taken by a Notary who doubles as a State Official. This study used a normative juridical research method, which was carried out in the library and the field using document study legal material collection tools. Based on the qualitative analysis, it is known that there are (two) solutions that regulate Notaries to become State Officials, namely the Notary is required to take leave and to appoint a replacement Notary, and the Notary is responsible for the deeds made before becoming a member of the State Officials so that they are not causing problems with multiple positions on the head of the notary deed and the replaced notary protocol.
LEGAL REMEDIES AGAINST TRADITIONAL LAND SALE AND PURCHASE DISPUTES IN POSITIVE LAW STUDY Gusti Heliana Safitri; Ekawati Ekawati; Sarikun Sarikun; Dina Paramitha Hefni Putri; Khairunnisah Khairunnisah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4273

Abstract

Land is an economic driving object for humans and the state whose use cannot be separated from politics and law, as well as the function of realizing mutual benefit. Conflict over customary land is a social phenomenon that can be explained through various sociological bases. This sociological foundation helps us understand the root causes, dynamics and implications of conflicts related to customary land ownership and use. Customary land disputes can vary depending on the culture, traditions and value systems of the indigenous peoples concerned. resolving customary land disputes often requires a deep understanding of the culture and values of the community, as well as respect for their rights in the context of national and international law. In this case, what legal measures can be taken in relation to disputes regarding customary land from a positive legal perspective in Indonesia The research method is a type of normative legal research or research using the rules in existing laws and regulations and research carried out by collecting data directly in the field from competent parties related to the object under study, because it is in the form of secondary data such as laws and regulations. literature books .       The court decision will regulate the land rights and obligations of each party. disputes over the sale and purchase of customary land can trigger reconsideration of customary regulations or land law in Indonesia. This could mean changes in the practice of buying and selling customary land as a form of implementing agrarian reform with settlement. Settlement of land disputes using the ADR mechanism is carried out based on Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, in conjunction with Law no. 48 of 2009 concerning Judicial Power, and various other legal provisions such as Supreme Court Regulation (PERMA) Number 1 of 2008 concerning Mediation Procedures in Court, which has been replaced by PERMA No. 1 of 2016 concerning Mediation Procedures in Court and Regulation of the Head of the National Land Agency Number 3 of 2011 concerning Management of Assessment and Handling of Land Cases which has been replaced by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 11 of 2016 concerning Case Settlement Land. Mediation is carried out according to the agreement between both parties using the help of a mediator as an intermediary.
OMNIBUS LAW IMPACT ON WORKER WELFARE IS UNCERTAIN Achmad zahruudin; Yahman Yahman; Dudik Djaja Sidarta; Arman Paramansyah; Loso Judijanto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4274

Abstract

The Omnibus Law, also known as the Omnibus Law , is a progressive step taken by the government in the legal sector. Its purpose is to eliminate overlaps and conflicts between laws and regulations in similar sectors by reorganizing them. The legal protection of workers' normative rights in the Omnibus Law will also be analyzed. This thesis aims to examine the regulation of normative rights of workers in the Omnibus Law and compare its strengths and weaknesses to Law Number 13 of 2003. The research method used is normative juridical legal research, which involves referring to legal norms and researching library materials or secondary materials. This includes processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that the Omnibus Law regulates normative labor rights to protect workers, as stated in Article 80. This article aims to strengthen worker protection, increase their role, and improve their welfare in supporting the investment ecosystem. The Omnibus Law is weaker than Law Number 13 of 2003 in terms of regulating the normative rights of workers. It is considered detrimental to workers and lacks legal protection for their normative rights. The only provides limited protection for workers' rights through Article 81, which is related to employment. Legal protection should guarantee workers' rights, as outlined in Law Number 11 of 2020 concerning Job Creation
Relevance of Legal Research Methodology in Addressing Modern Legal Challenges Abraham Ethan Martupa Sahat Marune
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4278

Abstract

In facing the complexities of modern legal challenges, legal research methodologies hold significant relevance. These challenges encompass social, technological, economic, and cultural aspects that rapidly evolve within today's society. Various analytical approaches within legal research, including empirical, normative, and socio-legal perspectives, depict a scientific approach to intricate legal phenomena. The empirical approach emphasizes factual data to comprehend legal behaviors in societal practices. The normative approach scrutinizes legal texts and embedded norms to unearth normative implications and legal structures. The socio-legal approach integrates empirical data with social, cultural, and political contexts in legal interpretations. The amalgamation of these approaches offers a holistic view of the intricate legal phenomena. Together, they form the foundation for in-depth understanding, critical analysis, and the development of a responsive legal science in the face of evolving societal, technological, and economic changes. Legal research holds the potential to approach, analyze, and formulate solutions for emerging legal issues TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian //  TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//   This page is in English Translate to Indonesian    AfrikaansAlbanianAmharicArabicArmenianAzerbaijaniBengaliBulgarianCatalanCroatianCzechDanishDutchEnglishEstonianFinnishFrenchGermanGreekGujaratiHaitian CreoleHebrewHindiHungarianIcelandicIndonesianItalianJapaneseKannadaKazakhKhmerKoreanKurdish (Kurmanji)LaoLatvianLithuanianMalagasyMalayMalayalamMalteseMaoriMarathiMyanmar (Burmese)NepaliNorwegianPashtoPersianPolishPortuguesePunjabiRomanianRussianSamoanSimplified ChineseSlovakSlovenianSpanishSwedishTamilTeluguThaiTraditional ChineseTurkishUkrainianUrduVietnameseWelsh Always translate English to IndonesianPRO Never translate English Never translate jurnal.unikal.ac.id
THE IMPLEMENTATION OF LEGAL RISK MANAGEMENT IN COMPANIES RELATED TO EARNINGS MANAGEMENT OF MANUFACTURING COMPANIES IN THE CONSUMER GOODS INDUSTRY SECTOR LISTED ON THE INDONESIA STOCK EXCHANGE Dompak Pasaribu; Silvia Shania Sinaga
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4280

Abstract

This study adopts a socio-legal approach, which is a non-doctrinal method in legal research, to explore the role of Directors in implementing legal risk management and earnings management post-COVID-19 pandemic. The research method integrates various disciplines to gather empirical data needed to address research questions focused on practical issues, policies, and legal changes. This non-doctrinal research combines qualitative and quantitative aspects using empirical data to analyze the impact of effective legal risk management on the financial performance and reputation of manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic. Through comprehensive empirical data collection, this study aims to provide an in-depth understanding of the role of Directors in managing legal risks and earnings management and their impact on the financial performance and reputation of companies during the pandemic crisis. Findings from this research are expected to provide valuable insights for legal practitioners, corporate management, and researchers to develop effective strategies in addressing challenges faced by manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic.
The Legal Perspectives on Driving Economic Growth: A Study of Strategic Plan Implementation in East Kalimantan Gusti Naufal Rizky Perdana; Abdul Hakim; Suryadi Suryadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4283

Abstract

This study aims to describe and analyze the Strategic Plan (RENSTRA) implementation process for East Kalimantan Province to strengthen economic growth. The research adopts a qualitative approach involving steps such as formulating research questions, collecting primary data through interviews and observations, and analyzing data using the interactive model developed by Miles and Huberman. The research focuses on policy implementation aspects such as clarity of standards and objectives, resource allocation, and inter-organizational coordination. The East Kalimantan Regional Development Planning Agency (BAPPEDA) serves as the locus of the study, with the selection of primary data involving key informants and informants through purposive sampling techniques. The findings indicate the commitment and efforts made by BAPPEDA to achieve regional economic development goals through the implementation of RENSTRA. However, challenges such as limited human resources, budget allocation, and consistency in inter-organizational communication still need to be addressed. The limitations of this study include its focus on East Kalimantan Province, which limits the generalizability of the findings. Further research could expand the scope to compare RENSTRA implementations in other regions or more deeply explore factors affecting policy implementation performance. It is hoped that future research will provide deeper insights and more effective solutions to enhance regional economic growth in East Kalimantan and other areas
SEX REASSIGNMENT SURGERY (TRANSGENDER) IN INDONESIA EXAMINED FROM THE PERSPECTIVE OF CRIMINAL LAW Evelina, Renita; Fitriasih, Surastini
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4285

Abstract

The rising trend of LGBT (Lesbian, Gay, Bisexual, and transgender) cases in the world, include Indonesia is triggering worries about increasing demand of sex reassignment surgery (transgender). On the other hand, the issue about sex reassignment surgery is a very controversial issue, especially Indonesia. By looking to the existing data and facts, Indonesia can not deny that there are LGBT people in Indonesia. Criminal law should be responsive to the facts in society, including the controversial issie like sex reassignment surgery. This article discusses about sex reasignment surgery viewed from Indonesian criminal law perspective by using doctrinal research method. This article was written by reviewing regulations, especially Law of the Republic of Indonesia Number 17 of 2023 concerning Health and Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code as the main reference. This study aims to look at criminal law regulations regarding sex reassignment surgery in Indonesia as well as to review the function of criminal law as a tool for balancing between public interests and individual interests. The findings of this study show that the criminal policy applied to regulate sex reassignment surgery is in the form of criminal sanction for every doctor who performs sex reassignment surgery without therapeutic purposes. This study also shows how important it is to ensure the conditions under which the sex reassignment surgery in Indonesia is performed in order to protect the doctors carrying out the work. 

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