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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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STRATEGY FOR DEVELOPMENT OF HUMAN RESOURCE CAPACITY IN CAPITALIZING TOURISM POTENTIALS (Study on Watu Hadang Tourism Village, Umalulu District, East Sumba Regency) Alas Satya Samuel Buditomo; Hamidah Nayati Utami; Arik Prasetya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4326

Abstract

This study aims to determine the strategy for developing the capacity of human resources in Watu Hadang Village, East Sumba Regency, Umalulu District to be able to optimally utilize the tourism potential in the village. The research method used is descriptive qualitative method. The findings indicated that there are six strategies to enhance the human resources capacity in Watu Hadang Village, Umalulu District, East Sumba Regency. Firstly, engaging the local human resources in training programs and capacity building initiatives as key players in the tourism sector. Secondly, providing a variety of essential training programs for individuals involved in the tourism industry to foster its growth in Watu Hadang Village, including professional certification, hospitality and homestay management, technology utilization for marketing, product enhancement, leadership training, creative entrepreneurship, and more. Thirdly, making use of financial aid from both governmental and non-governmental sources to support the development of tourism in Watu Hadang Village. Fourthly, allocating village funds to address the educational needs of the community by acquiring school buses. Fifth, utilizing village funds for educational scholarships to enable local residents to pursue education up to the senior high school level. Sixth, Collaborating with stakeholders like the village government, tourism office, NGOs, and other relevant parties can enhance current village institutions.
Implementation of Electronic Certificates for Land Ownership Rights in the Dynamics of Law and Globalization Mustaqim, Mustaqim; Febrianty, Yenny; Ardian, Ardian; Wijaya, Mustika Mega
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4331

Abstract

The digital transformation has changed various aspects of human life, including in the legal and land administration sectors. In 2023, the government issued Ministerial Regulation Number 3 of 2023 which regulates the issuance of electronic documents in land registration activities, including electronic certificates as a form of land ownership rights. However, the implementation and use of these electronic certificates have raised various questions and debates regarding legal protection for landowners. This research aims to analyze the legal protection provided by electronic certificates to landowners in the digital transformation era based on Ministerial Regulation Number 3 of 2023. The research method used is normative analysis by examining relevant legislation and current literature. The results show that electronic certificates as a form of land ownership rights provide several advantages, such as administrative efficiency, data accessibility, and protection against physical loss risks. However, there are challenges related to data security and integrity, as well as the legal awareness of the community regarding the use of electronic certificates. The use of blockchain technology and data encryption can be solutions to address some of these challenges. Additionally, it is found that legal protection for landowners needs to be enhanced by regulating critical aspects such as the authenticity, integrity, and non-repudiation of electronic certificates. The establishment of strong legal mechanisms in handling dispute resolution is also important to increase public trust in electronic certificates.
THE POSITION AND LEGAL STATUS OF CHILDREN OUT OF MARRIAGE ARE REVIEWED BASED ON LEGAL PROVISIONS IN INDONESIA Abdul Rokhim
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4335

Abstract

The civil rights of children outside of marriage have an impact on the child, because they do not receive legal protection, such as the care and welfare of the child, including the child's right to inherit. The position of an illegitimate child will be a burden for the mother and the mother's family, and the child's legal status is also not covered by the law, such as determining the child's legitimacy, such as the status of the child's birth certificate. Therefore, the author wrote this to identify the legal status of illegitimate children. This writing is prescriptive normative legal research, to answer legal issues raised with arguments, theories or new concepts as prescriptions in solving the problems faced. "Children born out of wedlock only have a civil relationship with their mother and her mother's family." Article 280 KHUPer "With the recognition of a child out of wedlock, a civil relationship is created between the child and his father or mother." Article 100 KHI "Children born out of wedlock only have a family relationship with their mother and their mother's family." Article 49 paragraph (2) Law number 24 of 2013, amendment to Law Number 23 of 2006 concerning Population Administration "Recognition of children only applies to children whose parents have entered into a valid marriage according to religious law, but not yet legal according to State law." Based on the writing, the recognition of an illegitimate child (biological product) as a recognized child means that it will give rise to alimony rights, birthright rights and inheritance rights for the child from his biological father. An illegitimate child only has a lineage relationship, maintenance rights and obligations as well as inheritance rights and relationships with his mother and his mother's family, not with his natural (genetic) father/father or natural (genetic) father/fatherKeyword: children outside of marriage, legal status of children, civil rights of children, legal protection of children
THE ROLE OF THE CONSTITUTIONAL COURT IN TESTING THE PRESIDENTIAL THRESHOLD LAW FOR THE 2024 PRESIDENTIAL ELECTION Abdul Ukas Marzuki; Harmono Harmono; Solichin Solichin
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.v22i2.4336

Abstract

Objective study This is for know The Role of the Constitutional Court in Reviewing the Presidential Threshold Law for the 2024 Presidential Election As for the method study This is a qualitative study, and research qualitative is a research method used to understand social phenomena in depth. As for the type of research used by the researcher, i.e., studies, usage studies, because the researcher can understand in a way the deep context, process, and complexity of the phenomenon researched. The research results show that the Constitutional Court has the responsibility to ensure that the presidential threshold requirements are in accordance with the constitution and the basic principles of democracy. Controversial cases in various countries and the challenges associated with presidential threshold testing demonstrate the complexity and controversy involved in these arrangementsKeywords: Constitutional Court, presidential threshold, election
BPOM Supervision in Increasing Consumer Protection for Online Sales of "Brilliant Philippines "Brand Skin Care Products" Ayu Andira; Danang Wahyu Muhammad
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.v22i3.4338

Abstract

BPOM stated that Skincaree Brilliant Philippines products are unsafe because they are thought to contain retinoic acid and hydroquinone ingredients that can damage the skin. This is the basis for BPOM withdrawing the permit and prohibiting its distribution. The formulation of the problem in this research first examines how the role and function of BPOM in the distribution of Skincare Brilliant Philippines. Second, what is the legal protection for consumers against the distribution of illegal cosmetics online? The research method used is empirical law with a qualitative descriptive approach, compiling various literary sources, including primary and secondary data. Based on an extended analysis, researchers saw that the Skincare Beerliant Philippines product is not safe from which to experience the benefits. Furthermore, BPOM has played an essential role in the supervision of cosmetics because it has carried out a series of tasks, functions, and functions of BPOM related to the supervision of cosmetics. The results of the research found that BPOM should have strict supervision by Presidential Decree Number 80 of 2017 concerning the Food and Drug Monitoring Agency, Law no. 80 of 2017 concerning BPOM Article (1) paragraph (1) and Republic of Indonesia Health Minister Regulation No. 1175/MEeNKEeS/PEeR/VIII/2010 concerning Cosmetics Production Permits which regulate consumer protection against illegal products and distribution permits so that the public feels protected and don't worry about mass-marketed products.
Environmental Sustainability and Corporate Responsibility: A Legal Framework for Indonesian Business in the Future Arifudin, Nur; Purwanti, Purwanti
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.v23i2.4339

Abstract

This study examines how legal frameworks, corporate responsibility, and environmental sustainability interact with one another in the Indonesian industry. The study evaluates business behavior, legal frameworks, and environmental governance through a normative analysis to find ways to improve sustainability and responsibility. The results highlight the positive aspects of Indonesia's legal system, including its extensive legislation and corporate responsibility-promoting programs. Nonetheless, there are still issues, such as lax regulations and ineffective enforcement systems. Stakeholder viewpoints highlight how crucial it is to promote sustainability through openness, public involvement, and multi-stakeholder cooperation. The suggestions include bolstering capacity-building initiatives, encouraging transparency, aligning regulations, enforcing stricter enforcement, and rewarding sustainable behaviors. By implementing these ideas, Indonesia may establish a more sustainable and conscientious corporate environment, striking a balance between environmental stewardship and economic growth.
Fulfilling the Rights of Restitution for Victims of Fraudulent Investment Fraud Nur Azisa; Syarif Saddam Rivanie Parawansa; Ulil Amri; Devian Yulansari Darwis
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.v21i2.4341

Abstract

The fraudulent investment mode of fraud is carried out by the perpetrators with a fake fund collection program with the lure of large percentage returns and low risk, and does not require technical analysis to make a profit. For victims of fraudulent investment fraud, paying attention to the provision of restitution as a form of legal protection. In practice, law enforcers still pay little attention to efforts to fulfill restitution for victims who have suffered losses. The type of research used is normative research using a statutory approach and a case approach. As for now, arrangements regarding restitution in criminal acts have been regulated in several laws, but in practice, several factors influence them, including statutory regulations, judges' legal understanding factors, and victims' legal understanding factors, so that their implementation still relies on victims' initiatives to apply for restitution
Deliberative Policy For Alleviating Poverty Of Traditional Fishermen On The South Coast Of Java Imam Hanafi; Czar Muhammad Tsany Hanafi; Choirul Saleh
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4342

Abstract

This research aims conduct a literature review related to deliberative policies for alleviating poverty of traditional fishermen in the southern coastal region of Java. Traditional fishers in this region face serious challenges related to poverty, livelihood uncertainty, and limited access to sufficient resources to improve their standard of living. In evaluating policies that have the potential to help overcome this problem, the deliberative approach has been recognized as one approach that can encourage community participation in the decision-making process. Deliberative policy focuses on open, inclusive dialogue and accurate information to support dignified and beneficial decision making for all parties involved. The results of this literature review identify several key elements that need to be considered in formulating deliberative policies for alleviating poverty of traditional fishermen the southern coast of Java. Factors such as active participation of fishermen in policy formulation, involvement of government and non-government organizations, increased access to education and training, economic empowerment, and social protection are important points in designing effective policies. Thae hoped that further research and field implementation of this deliberative policy will provide deeper insight and ensure that the policies adopted can provide significant benefits for traditional fishermen in the southern coastal region of Java.
LEGAL PROTECTION OF ONLINE SOCIAL GATHERING MEMBERS EXPERIENCE LOSSES DUE TO DEFENSE Baharudin Saleh Ingratubun
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.v21i2.4343

Abstract

This research aims to determine legal protection for online social gathering participants and also to determine inhibiting factors in dealing with members who are in default. The type of research used is sociological legal research or empirical law. Empirical legal research is legal research that analyzes the actual application of law to individuals, groups, communities, legal institutions in society with an emphasis on the behavior of individuals or communities, organizations or legal institutions in relation to the application or enactment of the law. In this research, the author conducted research in Jayapura City as the author discovered problems in the field regarding the rights of owners who were disadvantaged in transactions via electronic media at online social gatherings. The research results show that the legal protection that is expected to be provided to members who experience losses is legal protection related to compensation. However, in order to get the entire compensation, the management found obstacles in it, namely the online social gathering manager could not provide proof because there was no guarantee or written agreement in it. Inhibiting factors in dealing with members who are in default are: Settlement of default cases committed by one party against another party can initially be pursued in a non-litigation manner before ultimately if a settlement is not reached then it will be continued in litigation or before trial.
Environmental Insurance: Legal Protection and Certainty Mechanism in Recovery of Forest Damage Due to Land Burning Verdinan, Verdinan; Adi Mansar; faisal
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.v23i2.4344

Abstract

Environmental law enforcement against corporations that commit destruction is constrained by the execution of court decisions to carry out rehabilitation or compensation, where business actors do not intend to implement the decision. Therefore, environmental insurance can be a solution to cover compensation for environmental damage to realize legal certainty. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that the legal basis for environmental insurance is regulated in Articles 42 and 43 of Law Number 32 of 2009 concerning Environmental Protection and Management jo Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management. The implementation of environmental insurance is constrained by insolvency problems by corporations who are required to make a recovery due to environmental damage but are not willing to pay compensation costs. Environmental insurance is a preventive and anticipatory effort as a guarantee to repair and restore the environment damaged by activities or businesses, especially plantations, as well as providing certainty in the enforcement of environmental laws following sustainable development goals.

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