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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 1,243 Documents
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Review of Legal Policy Concerning Payment of Book Royalties in Indonesia Based on Copyright Law Dahris Siregar
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.v21i2.2371

Abstract

This study aims to find out how the study of legal policy regarding payment of book royalties in Indonesia is based on the Copyright Act, the royalty payment system must of course be through an agreement between the two parties, namely between the publisher and the author of the manuscript. The agreement is made after the manuscript is received and deserves to be published by signing the SPPB (Book Publishing Agreement). The royalty amount for the purchase system is decided by mutual agreement between the publisher and the author. Publishers give royalties to authors in accordance with the general standard, which is 10%, it can be increased or less depending on how famous the author's denomination is and the superiority of the elbow grease produced. document as contained in clause 1 characteristic 1 of collection character 28 of 2014 in reference to document (UUHC) that "Copyright is the incompatible hold together of the originator that arises mechanically supported on declaratory customaries subsequently a elbow grease is accomplished in a touchable configuration without reduction the qualifications in conformation with with the refreshments of regulations and regulations". The refreshments in document be resonant the accomplishment and security of a elbow grease mechanically without continuance certified nailed down pronouncements and are extremely intimately related the continuance of the elbow grease and its originator if a elbow grease has been touchable and has incompatible rights which are dual-laned into economical Rights and conscientious Rights.
Reconstruction Of Regional Autonomy To Strengthen Governor's Authority Bambang Sugianto; Febrian Febrian; Ridwan Ridwan; Iza Rumesten
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.v22i2.2372

Abstract

Autonomy is one of the essences of realizing regional independence and accelerating development, so that the community will enjoy development through the role of local governments that involve the community directly in development based on local wisdom. However, in the implementation of regional autonomy, problems arise and there are still many regions that are not prosperous and unable to make it happen. To get out of the problems faced in the implementation of autonomy, reconstruction of several inhibiting factors is carried out, namely: exploitation of regional income, understanding of the concept of decentralization and regional autonomy that is not yet stable, provision of inadequate regulations for implementing regional autonomy , human resources of government officials who have not fully supported the implementation of autonomy. area . corruption in the regions, a factor in the potential emergence of conflicts between regions. To get out of the problems in the implementation of autonomy, it is necessary to have the concept of strengthening the authority of the governor in regional autonomy so that the acceleration of economic growth and development will require some reconstruction of authority, namely: reconstruction of authority based on legal certainty, reconstruction of authority based on justice, reconstruction of authority based on a unitary state, and reconstruction of authority based at the provincial government level.Keywords: Reconstruction, Strengthening authority
The Attachment Of Client Photo During The Signing Of The Authentic Minutes Deed Hengky -; Mohamad Fajri Mekka Putra
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.v22i2.2391

Abstract

This study aims to analyze the urgency of attaching the photo of the person at the time of signing the deed in the minutes of the deed and to examine more deeply the position of the photo as evidence in the trial. The form of this research is juridical-normative which relies on written legal sources with a research typology that is explanatory and in the form of prescriptive. The type of data used in the form of secondary data sourced from primary, secondary and tertiary legal materials with qualitative data analysis methods. Attaching a photo of the person at the time of signing the deed in the minutes of the deed is expected to further guarantee the Notary in carrying out his obligations in the deed inauguration process, so that he does not only adhere to the presence of fingerprints which also have the potential to be taken at different times, because essentially the role of affixing fingerprints on the sheet separate evidence is as additional evidence if the appearer denies his signature and guarantees that the appearer is actually dealing with the notary at the time of signing the deed, but does not guarantee that the signing is done at the same time
LEGAL EFFECT OF THE CONCURRENT POSITION OF NOTARY AS THE REGIONAL PEOPLE'S REPRESENTATIVE COUNCIL (DPRD) BASED ON THE LAW ON THE POSITION OF NOTARY Fariz Risang Ahmad; Mohamad Fajri Mekka Putra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.2393

Abstract

Notaries are general officials authorized to do authentic deeds; notaries must comply with laws and regulations and professional codes of ethics. One form of action that deviates from the provisions of rules and regulations and professional codes of ethics is concurrent positions, namely as the Regional People's Representative Council (DPRD). The purpose of the research in this study is to analyze the legal consequences of the concurrent position of a Notary as a DPRD based on the Notary Position Law. This research was carried out using the Normative Juridical method. The normative Juridical Method is a legal research method aiming to gain knowledge about a legal event. The results of the study can be concluded that the Notary Position Law does not regulate the legal consequences of the concurrent position of a Notary as a DPRD. DPRD is not a State Official. As a result of the legal consequences, notaries who concurrently serve as DPRD are regulated by UUMD3, which expressly explains that the DPRD is prohibited from together doing as a Notary. Notaries who together do as DPRD will be subject to sanctions in the form of dismissal as members of the DPRD.
The Game of Dice on People's Entertainment Performance Islamic Perspective (Study in The District Juwana, Central Java) Kuswardani Kuswardani; Ricky Alan Mutadho; Marisa Kurnianingsih; Andria Luhur Precocious
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): New Edition of Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2397

Abstract

Introduction: Gambling is an act that has a speculative element, without which is there is no hard work. Purposes of the Research:  The research aims are to describe dice game as a form of gambling from an Islamic perspective, moreover, to explain why Indonesian prohibits gambling. Methods of the Research: This manuscript is library research and empirical as an example to explain gambling as a habit in the community. Results / Findings / Novelty of the Research: The research results point out that firstly The Islamic prohibit gambling chance in the conventional forms (like this dice game) or online gambling. And Islam also forbids gambling has become a habit. second, the prohibition is as in the Word of God Al Baqarah/2:219, Al Maidah /5 90 – 91, and Hadith of the Prophet Muhammad SAW which was narrated by Imam Bukhari and Muslim. Thirdly, the Penal Code defines gambling as a crime, however, the gamble is without permission. The novelty of the research is ambiguous in the formulated with the consideration of Law Number 7 of 1974 on Controlling Gambling.
Legal Implications On Credit Agreements For Couple And Wife In Marriage Agreements After Marriage Adessya Thalia Chairunissa; Liza Priandhini
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.v21i1.2402

Abstract

A marriage that is legally carried out by husband and wife will have legal consequences for both parties that have an impact on the legal relationship between the two, including property in marriage. In this case, the Civil Code and the Marriage Law recognize the concept of "Marriage Agreements" to regulate the management and use of assets in marriage, whether they are inherited or joint assets. A marriage agreement made by a husband and wife is binding on both parties who made it and will apply to a third party as long as the party is involved. The problem in this study is how the legal implications of post-marital marriage agreements affect credit agreements made by married couples and the legal consequences of post-marital credit agreements on guarantees given by husband and wife to the bank. Based on this research, it can be concluded that: (1) The legal implications of post-marital marriage agreements on credit agreements made by married couples depend on the registration of the marriage agreement. If the marriage agreement is not registered, it will not affect the credit agreement. However, if the agreement is registered, it will have a significant impact on the legal standing of the debtor, the certainty of debt guarantees, and legal protection for the bank. In essence, the debtor cannot be written off in a credit agreement solely because a marriage agreement is made. (2) If a husband and wife bind themselves in a credit agreement, the guarantee provided can be in the form of joint assets they have. If the assets are still insufficient to pay off the debt, the bank can take legal action in the form of Actio Paulina.
The Crime of Sexual Harassment of Children Who Have a Mental Disorder Wahyu Kurniawan; Heni Susanti
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.v22i2.2405

Abstract

This paper aims to discuss efforts in realizing justice and law enforcement against sexual crimes against children with mental disorders. The subjects and data taken in this paper are sexual cases that occurred in the Kampar Regency, Riau Province. The research method used in this paper is normative law using a case approach and a law approach, as well as using primary legal materials and secondary legal materials. The results of this study indicate that in Kampar Regency, Riau Province, there were 69 health cases in 2018 and 60 cases in 2019. Based on these cases, an effort is needed to achieve justice for victims by providing protection. for victims and perpetrated perpetrators of sexual crimes. These actions can be in the form of preventive measures or preventing crime from happening as well as repressive measures or actions that punish the perpetrators and provide a sense of security to the victims of sexual cases. The conclusion obtained from this study is that protection for victims who are children from sexual intercourse is an important thing that must be supported in order to create a sense of security for them to grow and develop.
Rights to Oloran Land (aanslibbing) in Ujungpangkah District, Gresik Regency Prespective of Traditional Land Law in National Land Law System Suyanto Suyanto
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.v22i2.2407

Abstract

The control of oloran land rights (aanslibbing) in the community of Ujung Pangkah Subdistrict, Gresik Regency, East Java Province from the past until now has led to the conception of customary land ownership, which is hereditary based on customary law that applies in the community, namely obtained a seal letter from the Village Head p. This resulted in local regulation (self regulation) as customary land law, with the principle that oloran land is customary land that does not have a conceptual arrangement that is recognized and respected by the state as state land.This research is a normative research aimed at providing answers to the legal vacuum that regulates the granting of oloran land rights originating from customary law by using a statutory approach and a conceptual approach.The results of this study found that the UUPA which regulates national land law provides land recognition for oloran land (aanslibbing) which is sourced from customary land law as state land which can be applied for rights by using the provisions in the Regulation of the Head of BPN Number 9 of 1999 by giving the first rights in the form of Ownership Rights, Use Rights and Building Use Rights.
Productive Waqf with Money (Cash Waqf) in the View of the Acehnese Dayah Scholars Anwar Anwar; Nawir Yuslem; Syafruddin Syam
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.v21i2.2416

Abstract

This study focuses on exploring the views of the dayah scholars in Aceh and the dynamics behind their different views on cash waqf which are becoming popular in Indonesian society. Designed in the form of a qualitative research, research data were collected through in-depth interviews with 8 prominent dayah scholars in Aceh, who were selected purposively. The eight scholars who were used as key informants for this research were charismatic scholars who were always used by the people of Aceh as the mecca of legal fatwas. Data were also collected through repeated observations to research sites and document studies related to the topic being researched. The results of the study show that the dayah scholars in Aceh have different views in executing the law allowing cash waqf. This difference occurs because each scholar has a different perspective in understanding the source of waqf law, both in terms of text and context. In the end, this study argues that the view of the dayah scholars regarding cash waqf which has been very textual in nature, must be shifted to contextual, so that the implementation of cash waqf is carried out properly as an effort to improve the welfare of the Acehnese people.
CYBER NOTARY AND THE PRINCIPLE OF TABLELIONIST OFFICIUM FIDELITER EXERCEBO Patricia Jessica; Fully Handayani Ridwan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.2446

Abstract

The development of technology forces humans to keep updated with the digital technology. At first the  buying and selling transactions have been affected the digital technology and then continuous to service provisions in the notarial field. A cyber notary is a new service that creates electronic deeds on behalf of a notary and serves as an authentic deed. However, there are difficulties in putting it into action because of the Civil Code's Law No.2 of 2014 jo.Law no.30 of 2004 regarding the Notary Position and Law No.11 of 2008 regarding conflicting information and electronic transactions. As the authority of the notary to make authentic deeds is viewed from the perspective of the Civil Code, Law no. 1, it is necessary to investigate this issue so that, in the future, the application of the cyber notary does not conflict with the principle of the tablelionis officium fideliter exercebo. Law No. 11 of 2008 regarding Electronic Transactions and Information and Law No.2 of 2014 regarding the Notary Position.This study is important because it shows that a cyber notary can help notaries carry out their responsibilities more effectively. Considering the current technology developments have developed rapidly, synchronization of relevant laws and regulations is also needed.Keywords : Authentic Deed, Cyber Notary, tablelionis officium fideliter exercebo, notary

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