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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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
Legal Construction in Indonesia's Right to Economic Self-Determination (RESD) of the Bilateral Investment Treaty (BIT) Rahman, Irsan; Khuan, Hendri; Riana, Ana; Sari, Patma; Hidaya, Wahab Aznul; Nurikah, Nurikah
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.v23i2.4371

Abstract

The study employs descriptive-analytical methods to examine the relevant laws and enforcement practices. It views the RESD as an emerging norm through a constructivist lens, influencing both the host countries and the global normative framework. The research finds a growing momentum to revise BIT clauses to better reflect dynamic RESD principles and social responsibility. This involves moving away from focusing solely on unilateral power. The study proposes a new model for RESD, aimed at promoting good governance and fairness in administrative processes. This model will be vital for renegotiating or redesigning BIT provisions, particularly for countries like Indonesia. By explaining the acronyms and simplifying the sentences, the key points become clearer: the need for a balanced approach in BIT negotiations, the role of RESD in this balance, and the potential for revised treaty clauses to better align with principles of social justice and fairness.
Obligation to Pay Online Loans: Dissecting the Principles of Debt Legality in the Digital World Pransisto, Johamran; Sitinjak, Humala; Sitinjak, Imman Yusuf; Junaidi, Junaidi; Thio, Ricky; Rohani, Aceng Asnawi
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.v23i2.4372

Abstract

Examining the duty to repay online loans within the framework of debt legality in the digital age, and how successful monitoring and enforcement of laws have been in enforcing online loan rules in Indonesia are the overarching goals of this study. Findings are based on logical viewpoints, critical analysis, and philosophy; the study takes a normative legal stance with analytical descriptive methodologies; it examines pertinent laws and regulations as well as applicable law enforcement activities. In particular, when it comes to dealing with unregistered fintech, the findings reveal a disconnect between current legislation and the efficacy of its oversight. Issues with implementation and enforcement of legislation continue to affect consumer protection and transaction fairness, despite efforts to promote transparency and consumer protection via regulations like Financial Services Authority Regulation Number 77/POJK.01/2016. For better management, this study suggests tightening the regulatory framework and boosting inter-institutional cooperation.
CHALLENGES AND EXPECTATIONS FOR THE IMPLEMENTATION OF CUSTOMARY LAW (COMPARATORY ASPECTS OF INDONESIA AND OMAN) febrianty, yenny; Handoyo, Sapto; Fitri, Hidayati; Hidaya, Wahab Aznul; Taranama P.M., Hilton
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.v23i2.4373

Abstract

Focusing on the connection between customary law and human rights concepts, this study seeks to examine the difficulties and potential solutions surrounding the recording, regulation, and application of customary law in Oman and Indonesia. This study compares and contrasts two nations, Oman and Indonesia, using a normative and comparative method. Literature reviews, statutory rules, official papers, and policies pertaining to law are all sources of legal information. According to the study's findings, the most significant problems include a lack of documentation of customary law, clashes between customary law and human rights principles, and difficulties in incorporating customary law into the country's legal system. A portion of the suggested remedy is to bring formal law and customary law into closer alignment, and another element is to increase indigenous people's involvement in the legislative and judicial processes.
Wild Divorce Solutions: Perspectives from Law Number 1 of 1974, Law Number 7 of 1989, and the Compilation of Islamic Law Alpun Khoir Nasution; Asmuni Asmuni; Muhammad Ramadhan Syahmedi Siregar
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.v22i2.4374

Abstract

This study acknowledges about the illegal divorce that husbands have imposed outside the court of the perspective of Marriage Law in Indonesia. There are three problems that will be answered in this study. First, how are the illegal divorce law problems in the perspective of Indonesian Marriage Law and Islamic Jurisprudence? Second, how is the illegal divorce urgency in the perspective of Islamic Jurisprudence and Indonesian Marriage Law? Third, how is the Marriage Law solution in Indonesia against the illegal divorce? To answer these problems, a literature study has been done. Data about the illegal divorce is obtained from books or Islamic Jurisprudence books, laws or regulations, and electronic data through the website. These data are processed, analyzed, and used as materials to study about the illegal divorce by using the normative legal study methods. The results of the research have found answers to the problems above, first, there are four of the illegal divorce law problems, such as its validity, lack of legal protection, the illegal divorce couples can’t legally marry another person, and they also can’t get the rights after divorce.
Medan City Government Islamic Communication Policy In Resolving The Amal Silaturrahim Mosque Dispute In Medan City muniruddin, muniruddin; Ridho, Ahmad Rasyid
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.v23i1.4380

Abstract

Received: Revised: Accepted: Keywords:Policy, Municipal Government, Mosque DisputeThis research aims to find out how the Medan City Government's Islamic communication policy is in resolving the land dispute for the Amal Silaturrahim mosque on Jalan Timah Putih, Medan District, Medan City Area, and what solutions are found after the government's Islamic communication, in this case the level II and sub-district municipal governments and the Affairs Office. Medan District Religion Medan City Area. The research method used is a qualitative method with a descriptive approach. And to obtain data, it was also obtained through interviews, observation and documentation from various aspects in the Medan city government, the Medan area sub-district sub-district office and the cross-sectoral Office of Religious Affairs, as well as an approach to the functional BKM of the Amal Silaturrahim Mosque. The results of the research show that there is an Islamic communication policy in the strategy carried out by the Medan city government in a peaceful effort to resolve the land dispute between the old charity mosque and the land for the new mosque. 1. There is an Islamic communication policy carried out by the government, both between the government and religious functionaries in the management of the old mosque and communication with the management of the new Amal Silaturrahim mosque, as well as government policy in religious matters represented by the Head of the Office of Religious Affairs, 2. Forms of government communication in resolving the dispute over the Amal Silaturrahim mosque Jl. White lead No. 29 in the city of Medan is diagonal communication, namely cross communication, namely communication between section leaders and other section employees, or between one leader and another leader who has different authority        
Communication Policy In Realizing A Great North Labuhan Batu Through The “Regency Of Ngantor” Program In The Village” With An Islamic Communication Perspective Sampurna, Ahmad; Thamrin, Ahmad; Sazali, Hasan
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.v23i2.4381

Abstract

Regent of Ngantor in Villages (BungDesa) is a national program launched by the Minister of Villages, Development of Disadvantaged Regions and Transmigration of the Republic of Indonesia. This program is widely known by the public, because with the help of various media, it has become a national agenda which is expected to provide great benefits for accelerating development, especially in rural areas. This research used a qualitative approach with the research location being carried out in North Labuhan Batu with the time allocated for this research being 13 months from February 2023 to February 2024. The research informants were 5 people and were supported by elements of the community. Data collection used a triangulation approach (observation, interviews and documentation). Data analysis uses three stages, namely data reduction, data presentation and drawing conclusions. So that the validity of the data and the credibility of the research results can be trusted and correct. The research results show that 1) The Ngantor Village Regent Program is an initiative aimed at bringing local government closer to rural communities and increasing access to public services at the village level. 2) The Ngantor District Government program in this village is also in line with the ideals of "great labura" for intelligent, prosperous and religious human resources. 3) This program lays the foundation for mutually beneficial cooperation between the government and rural communities through close dialogue and coordination.
Communication Strategy Of The Head Of The Office Of Religious Affairs In Realizing The Five Work Culture Values In North Sumatra Bangunan, Marasakti; Kholil, Syukur; sahrul, sahrul
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.v23i2.4382

Abstract

This research uses qualitative in describing the data. The location or place of research is in North Sumatra. namely a province in Indonesia which is in the northern part of the island of Sumatra, bordering Aceh to the north, with West Sumatra and Riau to the south. There were 11 research informants. The way to get the data uses triangulation and data analytical methods consisting of three simultaneous operational flows: data reduction, data presentation, and conclusion drawing/verification. Communication planning is important to overcome various obstacles, to create effective and efficient communication, in realizing the five work culture values of the Ministry of Religion of the Republic of Indonesia. The results of the research provide an illustration that there are three aspects of communication planning carried out by the head of the KUA, 1) work communication planning, namely communication between employees which consists of downward communication, upward communication and horizontal communication, 2) service communication planning, namely communication carried out by the apparatus (head of KUA) in providing services to the community, either directly or through the media. 3) transformative communication planning, namely the process of conveying messages that requires the participation of all elements involved in the communication, such as communication carried out by the prospective bride and groom in order to take care of the completeness of the wedding administration according to the provisions.
Islamic Communication Strategy of the National Narcotics Agency (BNN) in Handling Drug Abuse in South Tapanuli Regency Wibowo, Hendro; Azhar, Anang Anas; Simamora, Irma Yusriani
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.v23i1.4383

Abstract

This article aims to analyze the Islamic Communication Strategy pattern of the National Narcotics Agency (BNN) in Handling Drug Abuse in South Tapanuli Regency. A descriptive qualitative approach is used in this paper. The research was conducted at the National Narcotics Agency Office of South Tapanuli Regency, Jalan Raja Inal Siregar km 5.7 Padang Sidempuan City, North Sumatra. The research period is 8 months (October 2022 - July 2023). The informants for this research were 11 employees of the National Narcotics Agency, South Tapanuli district. Data collection was carried out using the triangulation method. Meanwhile, the data analysis technique used in this research is qualitative data analysis, carried out interactively through the process of data reduction, data display (data presentation), and conclusion drawing / verification (drawing conclusions). The research results provide an answer that the Islamic Communication strategy (BNN) is implemented through three stages, namely 1) Islamic Communication with a coaching pattern, 2) Islamic Communication with an invitation, advice and guidance pattern, 3) Islamic Communication with an exemplary pattern. These three strategies are carried out through various activities, including inviting and requiring drug victims to always join in congregational prayers 5 times a day, attending congregational Friday prayers at the mosque, providing tausiah to drug victims and teaching them to be able to repent by reading verses and hadiths about the impacts and sins. using narcotics, teaching drug victims about the correct ablution, teaching drug victims the correct prayer, and learning to read the Koran      
Harmonization of Carbon Exchange Regulations Towards a New Era of Capital Markets in Indonesia Serlly Waileruny; Henes Kardinata; Revianty Yovinka
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.v22i2.4384

Abstract

This article aims to analyze the legislation in relation to carbon exchanges in Indonesia. furthermore, this article seeks to explain the regulation of carbon exchanges in welcoming the new era of capital markets. The type of research used in this legal writing is normative legal research. This research is prescriptive research. Analysis of legal materials using the deductive method where general formulations are drawn to things that are specific. The result of this research is that the regulation on carbon exchange in Indonesia is regulated through the Financial Services Authority Regulation Number 14 of 2023 concerning Carbon Trading through Carbon Exchange (POJK 14/2023). This POJK is certainly very loaded with welcoming a new era of capital market law in Indonesia, although it is unfortunate that carbon exchange organizers need to obtain OJK permission and not automatically obtain permission from the stock exchange. The conclusion of this research is the need to separate the organizers between the stock exchange and the carbon exchange.
Legal Consequences of Violations of Economic Rights Based on Law Number 28 of 2014 concerning Copyright in Disputes over the "Welcome Monument" Sketch on the PT Logo. Grand Indonesia(Study Decision Number 35/Pdt.Sus-Hak Copyright/2020/PN Niaga Jkt.Pst) Lia - Listiana; Yuniar - Rahmatiar; Muhamad - Abas
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.v22i3.4386

Abstract

Perlindungan karya cipta di Indonesia diberikan melalui pembentukan Undang-Undang No. 28 Tahun 2014 Tentang Hak Cipta (UUHC). Di dalam UUHC, hak moral serta hak ekonomi merupakan hak eksklusif yang dimiliki pencipta. Banyaknya kasus pelanggaran atas hak cipta menjadikan pencipta/pemegang hak cipta tidak dihormati, tidak memperhatikan hak moral serta hak ekonomi yang sepatutnya dimiliki oleh mereka. Salah satunya kasus PT. Grand Indonesia atas pelanggaran hak cipta Sketsa “Tugu Selamat Datang” yang digunakan sebagai Logo pusat perbelanjaan Mal Grand Indonesia tanpa adanya izin dari para ahli waris Almarhum Henk Ngantung. Sesuai Pasal 40 ayat (1) huruf f UUHC, Sketsa/gambar termasuk dalam kategori karya seni yang dilindungi. Dalam penelitian ini, metode yang digunakan yaitu yuridis normatif dan spesifikasi penelitian adalah deskriptif analitis, dengan menggunakan metode kualitatif untuk menganalisis permasalahan yang ada. Hasil penelitian menunjukkan, bahwa PT. Grand Indonesia melanggar hak ekonomi dengan mengedit dan/atau menggunakan sketsa “Tugu Selamat Datang” secara komersial tanpa adanya izin dari para ahli waris Almarhum Henk Ngantung yang merupakan pencipta/pemegang hak cipta, sesuai ketentuan Pasal 9 ayat (3) UUHC. PT. Grand Indonesia dinyatakan bersalah atas Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst dan diberikan sanksi diharuskan membayar kompensasi/ganti kerugian senilai Rp 1 miliar rupiah diberikan kepada para ahli waris Almarhum Henk Ngantung yang merupakan pemegang hak cipta karya sketsa “Tugu Selamat Datang”. Ini adalah hukuman yang diberikan karena PT. Grand Indonesia melanggar hak cipta.

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