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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 the Element of Bad Faith in the Brand Rights Ownership Dispute Between Ruben Samuel Onsu and PT. Benny Sujono's Geprek Chicken Based on Law Number 20 of 2016 concerning Brands and Geographical Indications (Study of Supreme Court Deci Rommy - Herfianto; 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.v22i3.4387

Abstract

Merek berfungsi bukan hanya sebagai identitas tetapi merek juga secara ekonomi memiliki nilai, sehingga banyak dilakukan upaya pendaftaran merek dengan iktikad tidak baik. Salah satu sengketa hak merek dagang yang pernah terjadi di Indonesia adalah perebutan nama merek “Bensu” antara “Geprek Bensu” milik Ruben Samuel Onsu dengan “I Am Geprek Bensu” miliki PT. Ayam Geprek Benny Sujono. Penyelesaian sengketa terhadap hak merek dagang “Geprek Bensu” dengan “I Am Geprek Bensu” di Pengadilan Niaga Jakarta Pusat dalam Putusan Mahkamah Agung Nomor 57/Pdt.Sus-HKI/Merek/2019. Tujuan dari penelitian ini untuk mengetahui bagaimana pertanggungjawaban hukum dari pelanggaran unsur iktikad tidak baik berdasarkan Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis, dan untuk mengetahui bagaimana pertimbangan hakim dalam Putusan Mahkamah Agung Nomor 57/Pdt.Sus-HKI/Merek/2019 atas pelanggaran unsur iktikad tidak baik pada permohonan merek “Geprek Bensu”. Metode penilitian yuridis normatif, dilakukan dengan melihat peraturan perundang-undangan diterapkan dalam penelitian ini. Hasil penelitian menunjukkan, bahwa pertanggungjawaban hukum terhadap pelanggaran unsur iktikad tidak baik menurut Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis berpedoman kepada ketentuan Pasal 21 UU Merek dan Indikasi Geografis, yaitu dengan cara: (a) Penolakan merek sejak proses pendaftaran; (b) Penghapusan merek oleh pemilik merek, pemerintah (menteri) atau pihak ketiga; (c) Pembatalan merek dengan cara gugatan ke Pengadilan Niaga. Pertimbangan hakim Putusan Mahkamah Agung Nomor 57/Pdt.Sus-HKI/Merek/2019 telah sesuai dengan prinsip-prinsip perlindungan Hak Merek di Indonesia. Putusan pengadilan menganggap bahwa Ruben Samuel Onsu sebagai pendaftar hak cipta merek dagangnya memiliki iktikad yang kurang baik karena “Geprek Bensu” memiliki kesamaan mulai dari produk sajian yang dijual, warna logo, dan gambar ayam di logo dengan merek “I Am Geprek Bensu” milik PT. Ayam Geprek Benny Sujono.
Authority of The Village Consultational Board in The Village Government System in Indonesia (State Administrative Law Review) Miharja, Marjan; Irsan, Irsan; Suhariyanto, Didik; R. Pattipawae, Dezonda; Jazuli, H.E. Rakhmat
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.v23i2.4393

Abstract

Comprehensive regional autonomy implementation has far-reaching effects on all levels of administration, from the Regency to the City to the Village. As the Village Head, the Village Government is legally entitled to govern the Village. In order to better the lives of its citizens, the Village Head establishes policies and the Village Consultative Body implements them through the creation of Village Regulations. In order to better understand the Village Government System in Indonesia, this research will examine how the State Administrative Law evaluates the power of the Village Consultative Body. This study is normative in nature and takes a statutory approach to a literature-based research methodology. The findings confirmed that the Village Consultative Body was established to aid the Village administration in realizing the hopes and dreams of the local populace through the implementation of a more democratic form of administration. The creation of the Village Consultative Body has had a profound effect on the evolution of the idea of village government by delegating three areas of responsibility to it: the compilation and adoption of Village Regulations; the preparation of the Village Revenue and Expenditure Budget and financial management; and the selection of village apparatus. This is important since the concept of regional autonomy in Indonesia is grounded in theories of decentralization, authority, and monitoring.
Self-Declare as an Implementation of Islamic Business Ethics and Its Relevance to Consumer Protection Ainul Masruroh
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.v22i1.4394

Abstract

Although halal certification is mandated by Law Number 33 of 2014 concerning Halal Product Assurance, its implementation is difficult especially for micro and small businesses (MSMEs). Self-declaration provides a way for MSMEs, although there are concerns about the accuracy and consumer trust. This research examines the intersection between halal self-declaration, Islamic business ethics, and consumer protection. By using normative legal research, this study highlights the importance of monitoring the regulations of the Halal Product Assurance Law and ethical principles in ensuring halal integrity and protecting consumer rights. Self-declaration is in line with Islamic business ethics, emphasizing unity, justice, and honesty. This ensures consumer protection by prioritizing transparency and compliance with halal standards. Effective supervision by BPJPH, MUI, and other relevant institutions is necessary, as well as considering sanctions for businesses that do not comply. This is important to protect consumer rights and maintain halal integrity as stipulated in consumer protection laws.
FRANCHISING FROM A CUSTOMER PRIVACY PERSPECTIVE Debora, Debora; Anggusti, Martono; Sitanggang, Adira
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.v23i2.4396

Abstract

 In the implementation of a franchise agreement, a breach of promise may be committed by either the franchisee or the franchisor. In order to ensure legal protection, the clauses in the agreement must include provisions regarding the limits of use of intellectual property rights. As the most crucial aspect of conducting business operations in the digital age, franchisees and franchisors collect a plethora of customer data, including contact information, purchasing and browsing behavior, location information, and other crucial data, with the objective of driving advertising and growth activities for the franchise system. However, the collection and utilization of this data can potentially expose franchisors and franchisees to a multitude of risks. In an increasingly digitized world, personal data represents a valuable resource for the development of any business. Personal data can also be regarded as an asset with high economic value. The implementation of a franchise agreement raises legal issues pertaining to the limitations on the use of intellectual property rights by franchisees in the implementation of intellectual property from the franchisor. Another problem is how the franchisee's efforts to protect customer data, which is part of the franchise, are to be reconciled with the rights of the franchisor. This study employs normative juridical research to address the issues under consideration. In addition to the limitations clearly and firmly established in legislation, the agreement that serves as the legal basis also imposes strong restrictions to maintain the legal protection of the parties in the franchise system. The contents of the agreement serve as a guide for the parties in implementing the agreement. Consumers have the right to be protected by business actors, one of which is the protection of their personal data. The protection of personal data is a matter of significant sensitivity, given the numerous instances in which such data must be safeguarded to prevent its leakage. In this regard, the  
JUDGES' CODE OF ETHICS AS THE BASIS OF JUDGES' MORALITY IN ADDRESSING DECISIONS Mujiyana Mujiyana
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.v22i2.4398

Abstract

Many focus on the performance of judges, and most state that the performance of judges in Indonesia is abysmal, even though their decisions must truly achieve justice as expected by justice seekers. The principle of independence can be bent under the pretext of personal interests. This research aims to analyze the judge's code of ethics as the basis for the judge's morality in sentencing. Research data was obtained through a comprehensive literature study and analysis of related legal documents, including legal texts, government regulations and court decisions relating to the two provinces. After the data was collected, an analytical approach was taken using the legal and constitutional framework as a guide. The research results show that judges deciding a case in court are based on various statutory regulations to underlie and support judges so that they can settle cases submitted to court truly independently and free from interference from any party. This means that statutory regulations honestly guarantee the independence of judges in handling and deciding cases. The judge's morality in examining and deciding every case handled by the court is based on high moral values, both originating from conscience as the most profound whisper of the heart and based on religious teachings. To become a judge so that the resulting decision can be fair and wise, the judge must have a solid spiritual foundation, be honest, and have the courage to take a firm stance.
Human Security Principles in Crowdsourcing Personal Data Kharisma, Dona Budi; Hernoko, Agus yudha; Thalib, Prawitra; Oktafiyana, Oktafiyana
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.v23i2.4404

Abstract

Personal data protection is fundamental because every individual's privacy is important. This article analyses related principles of human security in the context of processing personal data to ensure the safety of every personal data subject. The result of the paper shows that every effort in processing personal data must based on principles to ensure the fulfillment of human security principles. This article argues that crowdsourcing personal data often carried out in the digital era violates human security principles when impact losses are incurred to man.
Artwork Copyright Legal Protection on Non-Fungible Tokens (NFT) Tuhana, Tuhana; Kharisma, Dona Budi; Khoirunnisa, Nabilah
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.v23i3.4405

Abstract

The purpose of this legal research is to find out the legal problems in protecting the copyrights of creators of works of art on Non-Fungible Tokens (NFT) and to find out the forms of legal protection for creators’ copyrights of works of art on NFT. The type of research is normative legal research. The approaches used are statute approaches, conceptual approaches, and comparative approaches.  The legal materials used are all regulations regarding copyright that exist in Indonesia and The United States of America (USA). NFT is a copyright protection solution for creators of works of art in the digital era. Indonesia does not yet have a digital copyright act while the USA has a digital copyright act called the Digital Millennium Copyrights Act (DMCA) which is able to protect the copyrights of art creators in NFT.  In Indonesia, it has not yet been regulated regarding the prohibition of the importation of anti-circumvention devices, which has been handled in Chapter 1201 of the DMCA. Then there is also no regulation regarding the deletion of NFT content, which indicates violations in Indonesia, which has been regulated in USA.
Construction Safety Management System Implementation Model Based on Minister of Public Works and Public Housing Regulation Number 10 of 2021 to Support Infrastructure Development in East Java Province Ery Farida; Qomariyatus Sholihah; Sri Andarini; M. Halim Natsir
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.v22i1.4407

Abstract

This study aims to develop a model for implementing a Construction Safety Management System (CSMS) in accordance with Minister of Public Works and Public Housing Regulation Number 10 of 2021, tailored to support infrastructure development in East Java Province. Employing a qualitative research approach with a phenomenological lens, the interpretative phenomenological analysis yielded four key themes and thirteen associated insights. These include a detailed breakdown of the SMKK document, the scope of integrated construction work, special work considerations, and safety guarantees for buildings and construction assets. Noteworthy findings encompass the comprehensive structure of the SMKK document, the regulatory landscape shaping integrated construction, criteria for special work, and the roles of infrastructure operators and project organizers in ensuring construction safety.
Islamic Communications Management Communications And Informatics Office In Making Dignified North Sumatra Mhd Fitriyus; Ahmad Tamrin Sikumbang; Elfi Yanti Ritonga
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.v22i1.4408

Abstract

The research aims to analyze communication and public information planning by Islamic communication principles to create a dignified North Sumatra. How the Communication and Informatics Department organizes the implementation of public communication and information so that it reaches the community to create a dignified North Sumatra. The research approach used is qualitative with descriptive methods. Informants were selected purposively as many as 8 people. Data was collected through observation, interviews, and document study. Next, analyze the data using the Miles and Huberman version of the data analysis technique, the steps are: collecting, reducing, displaying, and drawing conclusions and verification. Research results: first, there are Islamic communication principles that are applied in the planning and implementation of communication and public information at the North Sumatra Diskominfo, namely qawlan laying, qawlan sadīdan, and qawlan balīghan. Second, the method of organizing public communication and information implementers by the North Sumatra Diskominfo is based on the Governor's Regulation, 09/2023 concerning the Composition of OPD and the Governor's Regulation, 28/2023 concerning Tusi, Job Descriptions and Work Procedures for Provincial Regional Apparatus. From this regulation, efforts for synergy and cooperation with the media crew and related stakeholders were developed, including acting as the leading sector and Chair of Bakohumas. Third, there are at least 8 ways to carry out communication and disseminate information to the public in line with the values of Islamic Communication principles/ethics, namely honesty; saying positively; including heart, words, and deeds; supervision; election; interplay; and balance. Fourth, efforts to overcome obstacles are carried out by building and developing partnerships, synergy and collaboration with related parties, the media and other stakeholders. Even though the program can be implemented, it is necessary to strengthen and train human resources and provide priority facilities so that the vision of Dignified North Sumatra can be realized optimally.
Res Ipsa Loquitur: Evidence in Civil Law and Islamic Law; Viewed from a doctrinal point of view windy virdinia putri; Muchammad Ichsan; Nanik Prasetyoningsih
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.v22i2.4409

Abstract

In cases of suspected medical malpractice, it is tough to prove that there is an element of negligence because access to evidence is within or under the perpetrator's control, making it difficult for the victim to access it. In the legal field, the doctrine of res ipsa loquitur was introduced, which makes it easier for victims to prove who is guilty by showing indirect evidence, namely evidence of a fact or several facts from which a reasonable conclusion can be drawn. This research examines the application of res ipsa loquitur in terms of doctrine, civil evidence law, and Islamic law. This research is a literature study using a normative approach that refers to civil evidence law and Islamic law provisions. The legal analysis used is a conceptual, comparative and case study approach. This research found that applying res ipsa loquitur in judicial practice, as long as it is not regulated in procedural law, is a principle that becomes a source for judges to find the law. In civil evidence law, res ipsa loquitur can be implemented through presumptive evidence concluded by the judge. Meanwhile, in Islamic law, there are dalil (instructions) for qarinah, which are equated with presumptive evidence, so that res ipsa loquitur, which can be enforced through presumptive evidence, can also be enforced through qarinah evidence.

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