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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 1,613 Documents
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Legal Protection for Parties Affected by Floods and Landslides in the Perspective of Civil Law Zulkarnain, Novi Juli Rosani
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.v22i2.4315

Abstract

This research aims to analyze the legal protection provided to individuals affected by floods and landslides from the perspective of civil law using a normative juridical method with a qualitative approach. Legal protection for those affected by natural disasters has become increasingly crucial considering the frequency and damage caused by floods and landslides in various regions. Through a qualitative approach, this study explores the civil law principles involving the responsibilities of landowners or users in relation to preventing hazards and damages. The analysis also encompasses the principle of legal responsibility in cases of negligence, where affected parties can seek accountability from others if it is proven that the losses occurred due to negligence. Furthermore, the research highlights the role of private agreements and property insurance as essential tools in protecting affected parties. Private agreements can help regulate obligations and responsibilities related to property damage or loss, while property insurance reduces the financial risk arising from property damage. Additionally, consumer protection is a focal point of the study, emphasizing protection against detrimental practices, such as the sale of disaster-prone properties without providing adequate information to buyers. The research also includes dispute resolution procedures in civil law as a means to resolve conflicts among affected parties. The findings of this research provide a deeper understanding of how civil law offers legal protection to those affected by floods and landslides and serve as a foundation for improvements and enhancements in the legal protection system when dealing with natural disasters.
Legal Protection Against Victims Of Child Sexual Exploitation In The City Of Yogyakarta In The Digital Space From A Human Rights Perspective Laksmi, Nareswari Diah Cintya; Islami, Muhammad Nur
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.v23i2.4318

Abstract

This research aims to look at forms of recovery efforts for children as victims of sexual exploitation in the digital realm and concepts in dealing with criminal acts of sexual exploitation in the digital realm. The method in this research is normative legal research. Normative legal research is also called doctrinal legal research. In normative research, law is often conceptualized as what is written in statutory regulations. This research is normative because it seeks to place law as a system of norms built on and related to principles, standards, rules of statutory regulations, and decisions. Courts, agreements and doctrines (teachings). The research results show that legal protection for victims of child sexual exploitation in the city of Yogyakarta in the digital realm requires a holistic and integrated approach, which is based on human rights principles. This approach includes efforts to strengthen existing regulations, develop inclusive policies, increase public awareness, and use technology as an innovative tool in combating child sexual exploitation. Legal protection must also pay attention to the recovery of victims, both directly and indirectly, through assistance, legal and psychological counselling, and holistic rehabilitation assistance. Cross-sector collaboration between governments, law enforcement agencies and online platforms is also essential to ensure adequate protection. Apart from that, the future concept in dealing with criminal acts of sexual exploitation in the digital realm involves strengthening regulations, strict law enforcement, and integrating child protection principles into applicable law.
THE IMPORTANCE OF ACTUALIZING THE EXISTENCE OF DIRECTING ELEMENTS IN THE REGIONAL DISASTER MANAGEMENT AGENCY ACCORDING TO LAW NUMBER 24 OF 2007 IN ASAHAN DISTRICT Nasution, Emmi Rahmiwita; Purnamawati, Evi; Harahap, Zulfahri
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.v22i3.4325

Abstract

The Steering Element in the Regional Disaster Management Agency (BPBD) is an important organ that must exist, where one of its tasks is to provide input in the form of suggestions to the BPBD Leadership as a derivative of the National Disaster Management Agency (BNPB) in the regions. The absence of a Directing Element organ in BPBD will have no impact walking BPBD functions optimally and violates existing provisions. The existence of a Steering Element is very important, where the input provided is related to strategies, plans and evaluations at BPBD, where the Steering Element consists of employees from Government Agencies and those from Professional/Expert Societies. Empirical research is used due to the potential gap between Das Sollen and Sein , namely there is a gap between existing regulations and the existing situation. The type of field research referred to is obtaining data from research field directly which is the result become objective from research This that is Having a Steering Element in BPBD Asahan is an important and urgent matter. The result form found there are obstacles in implementation is one of them because mechanism the determination is assessed eat time so that needed seriousness as well as support budget from since start of the registration process until financing in implementation his job. The conclusion is that the existence of a Steering Element in the BPBD in Asahan is important and immediate actualization and existence This steering element must also be complemented by legal regulations at the level Regional District .
STRATEGY FOR DEVELOPMENT OF HUMAN RESOURCE CAPACITY IN CAPITALIZING TOURISM POTENTIALS (Study on Watu Hadang Tourism Village, Umalulu District, East Sumba Regency) Samuel Buditomo, Alas Satya; Utami, Hamidah Nayati; Prasetya, Arik
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 ON 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.
Virtual Consensualism: Orientation and Construction of Consensual Principles in Digital Business Practices Iriawan, Gadis; Darma, I Made Wirya; Kurniawan, I Gede Agus
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.v23i1.4334

Abstract

The development of information and communication technology has changed the way consensus or agreement is formed in digital business practices. However, the validity of this virtual consensual process remains a legal debate, thus requiring further study of legislation and adjustments to technological developments to ensure legal certainty for the parties involved. The purpose of this research is to examine the orientation and construction of consensus principles in digital business practices, particularly the process of forming agreements and electronic transactions, and how the development of information and communication technology affects the orientation and understanding of consensus principles in that context. This research uses normative legal research methods by combining legislative and conceptual approaches. Data sources come from primary, secondary, and tertiary legal materials collected through literature review and documentation. Data analysis is conducted qualitatively using legal interpretation methods to interpret regulations, concepts, and data related to the research topic. The results of the research show that the development of information and communication technology has changed the orientation and construction of consensus principles in digital business practices, especially in the process of forming agreements and electronic transactions. Consent or consensus can now be given virtually through actions such as clicking the "Agree" button on digital platforms, which raises debates about its validity and legitimacy in meeting the consensus principle in contract law. Although the ITE Law acknowledges the validity of electronic contracts and electronic signatures, efforts are needed to ensure information transparency, full understanding of terms and conditions, and to regulate the roles and responsibilities of the parties involved in electronic transactions to build a consensus principle construction that is appropriate to the digital context. This shift also encourages a change in understanding of consensus that is no longer always manifested in physical signatures or verbal statements, as well as the process of forming agreements that can occur virtually without direct physical interaction.
THE POSITION AND LEGAL STATUS OF CHILDREN OUT OF MARRIAGE ARE REVIEWED BASED ON LEGAL PROVISIONS IN INDONESIA Rokhim, Abdul
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 Marzuki, Abdul Ukas; 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" Andira, Ayu; Muhammad, Danang Wahyu
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.

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