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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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Strategies to Increase the Competence of the Police Propam Division in Enforcing Discipline, the Police Professional Code of Ethics, and Criminal Offenses Committed by Members within the Police Headquarters Imawan, Achmad Husni; Nita, Surya; Gani, Yopik; Fadillah, Firman
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.v22i2.4424

Abstract

This research aims to understand the system and methods of internal law enforcement and the strategies for enhancing the competence of the Indonesian National Police's Division of Professionalism and Security (Divpropam) in enforcing discipline, the professional code of conduct, and handling criminal acts committed by its members within the National Police Headquarters (Mabes Polri) environment. With the increasing complexity of police duties, this research is crucial to ensuring the professionalism and quality of the Indonesian National Police members and providing insights into concrete efforts to strengthen the Divpropam. The method used in this research is descriptive qualitative. The results show that: 1) The system and methods of internal law enforcement among members within the Mabes Polri environment exhibit complexity and challenges that need to be addressed. The process of handling disciplinary violations, the professional code of conduct, and criminal acts tends to be time-consuming and often ineffective and inefficient, with the main obstacles being overlapping issues and time discrepancies; and 2) Competence enhancement strategies through adequate training provision, comprehensive curriculum development, and the establishment of the Divpropam Training Center (Pusdik Propam) are key to improving the competence of Divpropam members. With these measures, it is hoped that the Divisi Propam Polri can carry out its duties more professionally and effectively, thus strengthening internal law enforcement within the Mabes Polri environment.
Understanding the Crime of Money Laundering in the Concept of Criminal Law in Indonesia Lubis, Muhammad Ridwan; Nurita, Cut
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.v22i2.4426

Abstract

Nowadays, the patterns and behaviors of Money Laundering constitute efforts to conceal or disguise the origin of money or wealth resulting from criminal activities through various financial transactions, making the money or wealth appear as if it comes from legal activities. Several common or frequent actions are taken in the process of committing money laundering to "cleanse" the proceeds of crime. Firstly, the money generated from criminal activities is transformed into a form that arouses little or no suspicion through placement into the financial system using various methods. The second step involves engaging in complex, layered, and anonymous financial transactions with the aim of separating the proceeds of crime from their source into various accounts, making it difficult to trace the origin of the funds, essentially hiding or disguising the origin of the wealth resulting from criminal activities (layering). The final step is where the perpetrator reintroduces the funds that have been obscured in their origin into legitimate wealth, whether to be enjoyed directly, invested in various forms of material or financial wealth, used to finance legitimate business activities, or to fund further criminal activities (integration).
THE ROLE OF THE POLICE INTELLIGENCE AND SECURITY FIELD IN THE PERFORMANCE OF PAPUA REGIONAL POLICE MEMBERS (POLDA) Latunussa, Semy B.A
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.v21i2.4427

Abstract

The purpose of this study is to determine the role of the Police Intelligence and Security sector in the performance of Papua Regional Police (Polda) members, as well as the factors that influence that role. This study employs both normative and empirical jurisprudential research methods. Normative juridical research is conducted using library or secondary material, particularly statute provisions that are aligned with the title and issue description. The study's findings indicate that the National Police's Intelligence and Security sector has not been effective in increasing performance. The results of the research show that the role of the Intelligence and Security sector of the National Police has not been able to play an effective role in improving the performance of members of the Papua Regional Police (Polda), because as the eyes and ears of the leadership, they have not been able to optimally detect early threats and dangers to the security of the headquarters and the safety of the community. This has an impact on the performance of members who Then, the problems that restrict the function of the intelligence sector in boosting the performance of Papua Regional Police (Polda) members include the absence of inter-sector cooperation, where intelligence personnel occasionally operate. Then, the reasons that restrict the function of the intelligence sector in boosting the performance of Papua Regional Police (Polda) members include the absence of inter-sector cooperation, where intelligence members often operate alone to secure targets without telling officers in uniform to secure them. Inappropriate personnel placement factors, namely the placement of intelligence personnel based only on posture and body shape, without regard to adequate intelligence knowledge; and the factor of personnel's relationship with the community, namely a way of interacting with the community, so that they do not control information about their identity to the community.
Urgency of E-Commerce Act for Consumer Protection (Comparative Study in Indonesia, Singapore, and China) Cahyaningsih, Diana Tantri; Kharisma, Dona Budi; Agnjana, Goldwina Aphroditerri
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.v23i2.4430

Abstract

This research aims to discover the problems of regulation of electronic commerce (e-commerce) in Indonesia, Singapore, and China with a focus on Indonesia. This study also intends to construct e-commerce legislation to promote the expansion of the digital economy in many nations. This study focuses on legal research. Comparative and legal approaches are utilized in the study process. The legal documents utilized are e-commerce laws in Indonesia, Singapore, and China. In pandemic era, Indonesian e-commerce transactions had climbed by 50.8% with transactions reaching IDR 401 trillion. However, fraud in online transactions is one of the most reported crimes. As many as 28.7% of cybercrimes originate from fraud. The number of fraud cases, transaction security, and weak protection of personal data consumers are still central issues. The Information and Electronic Transactions Act, as revised by Act Number 19/2016 does not explicitly regulate e-commerce. Compared to Singapore, it has a Casetrust to increase consumer confidence and is supported by the Electronic Transactions Act (ETA).  Personal Data Protection Act 2012 (PDPA). E-commerce Act of the People’s Republic of China is supported by Personal Information Protection Act of the People's Republic of China.  The Act aims to give some legal certainty and predictability to online businesses.
Ministry of Religion Communication Techniques in Efforts to Disseminate Halal Certification Obligations for Business Actors in Deliserdang Regency Kahfi, Mhd Latif
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.v22i2.4433

Abstract

This article uses qualitative methods or field research in the form of exposing field facts related to the communication patterns of religious ministries in Deliserdang Regency. This research was conducted at the Office of the Ministry of Religion, Deliserdang Regency, North Sumatra Province. This research was conducted for 6 (six) months in 2023 starting from July to February 2024. The number of informants for this research was 6 (six) people. The data collection technique uses triangulation (observation-interview and documentation). Then the data analysis technique, researchers used the Miles and Huberman model technique with three analysis steps, namely data reduction, data presentation and conclusion drawing or verification. The research results provide an illustration that the use of communication techniques by the Deli Serdang Ministry of Religion in efforts to disseminate halal certification obligations: 1) Informative Communication Techniques, 2) Persuasive Communication Techniques, 3) Human Relations Communication Techniques. To support halal certification activities, the Deli Serdang Ministry of Religion uses various communication media, including: First, Interpersonal Media. Second, Mass Media and Third, Social Media. Then in an effort to disseminate halal certification obligations for business actors in Deliserdang Regency. Implementation must prioritize communication principles and ethics that are in accordance with religious values, integrity and transparency
Application Of Fast Events In Sharia Economic Dispute Resolution Based On Supreme Court Regulation Number 14 Of 2016 In The Perspective Of Easy Of Doing Business Rahman, Rian Fauzi; Afriana, Anita; Kusmayanti, Hazar
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.v21i2.4437

Abstract

This study aims to determine the comparison of conventional procedural lawsuits and simple event lawsuits for sharia economic dispute settlement based on Supreme Court Regulation Number 14 of 2016 concerning Procedures for Resolving Sharia Economic Disputes. This research refers to the perspective of Easy of Doing Business or ease of doing business to the extent of its contribution to improving the ranking of ease of doing business that has been indicatored, especially in Indonesia. The government has made regulations to provide business protection, among others, through legal certainty and ease of doing business. Various problems in the arrangement regarding the dispute resolution process are sufficient to make business actors reluctant to continue their business activities, from the length of the series of judicial methods, expensive costs, to the very confiscated time. This research uses normative juridical research methods carried out with research events on applicable positive legal principles or doctrines, research on legal systematics that can be carried out on certain laws and regulations or written which aims to identify the main understanding / basis of rights and obligations, legal events, legal relationships, legal objects that review Supreme Court Regulation Number 14 of 2016 concerning Procedures Sharia Economic Case Settlement in support of Easy Of Doing Business (EoDB) in business dispute cases with its resolution through a simple court system. The conclusion of this study is that the simple event lawsuit system in sharia economic disputes has been effectively applied in its application, which can be considered to have implications for the ease of doing business including starting business and enforcement contracts.
THE CONSTRUCTION OF CORPORATE FAULT RELATED TO CORPORATE CRIMINAL ACTS IN THE NEW CRIMINAL CODE: IMPLICATIONS AND FORMULATIONS Soraya, Joice; Prawesthi, Wahyu
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.v22i2.4438

Abstract

In the development of modern criminal law, corporate crime has become a primary concern because corporations, as separate legal entities from the individuals within them, are increasingly involved in various widespread legal violations. Therefore, discussions regarding the construction of "corporate fault" in the new Draft Criminal Code (RKUHP) have become crucial to provide legal certainty and justice in handling criminal acts committed by corporations. This research aims to formulate the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new Draft Criminal Code (RKUHP), considering the legal, economic, and business implications that may arise. This research uses a normative legal research method with legislative and conceptual approaches. The results of the analysis will be presented in descriptive-analytical form. The research findings indicate that the appropriate formulation in constructing "corporate fault" related to corporate criminal acts in the new RKUHP is by adopting the concept of corporate criminal liability that allows corporations to be held accountable for the actions or omissions of individuals acting on behalf of or for the benefit of the corporation. However, the new RKUHP needs to clearly define the definition of a corporation, criteria and conditions under which a corporation can be held accountable, types of criminal acts and applicable sanctions, as well as a proportional accountability mechanism while still adhering to criminal law principles, best practices from other countries, human rights protection, legal certainty, investment climate, and practical aspects of law enforcement. This formulation should be comprehensive and balanced to provide legal certainty, justice, and support national economic growth by considering legal implications, appropriate law enforcement mechanisms and evidence, legal certainty aspects, investment climate, corporate compliance and risk management, as well as legitimate business continuity.
SIMPLIFICATION OF TRADEMARK DISPUTE RESOLUTION BETWEEN STATE ADMINISTRATIVE COURTS AND COMMERCIAL COURTS IN ACHIEVING JUSTICE Islami, Baiq Dhea Fadhila; Zainsyah, Luthfillah Arrizqi; Wijaya, Alvian Dwiangga; Manuaba, Ida Ayu Tannia Dhamayanti; Fransiska, Zalzabilla
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.v22i3.4440

Abstract

Trademarks are valuable assets for businesses that are legally protected, yet trademark disputes involving various parties often occur. The settlement of trademark disputes in Indonesia involves two different judicial institutions, namely the State Administrative Court (PTUN) and the Commercial Court, which have the potential to cause disparities in decisions, necessitating simplification efforts to achieve legal certainty and justice. The purpose of this study is to identify the problems that arise in the settlement of trademark disputes between the PTUN and the Commercial Court that hinder the realization of legal certainty and justice, as well as to formulate simplification efforts that can be carried out to achieve legal certainty and justice in the settlement of these trademark disputes. This research uses a normative legal research method with a statutory and conceptual approach, as well as using primary, secondary, and tertiary legal materials collected through literature and document studies. The data analysis technique used is a qualitative analysis of the legal materials obtained systematically and logically to answer the problem formulation and produce recommendations for simplifying dispute resolution. The research results explain that the main problem in the settlement of trademark disputes between the PTUN and the Commercial Court that hinders the realization of legal certainty and justice is the potential for different or contradictory decisions from the two judicial institutions in the same trademark case. This is due to the unclear division of authority, as well as the absence of clear rules regarding the authority of each judicial institution in handling trademark disputes. To achieve legal certainty and justice, efforts that can be made include revising the Trademark Law to clarify the authority of the judicial institutions, regulating alternative dispute resolution mechanisms, increasing coordination and synergy between relevant institutions, increasing the capacity of judges, and establishing an independent and integrated special trademark court.
Dynamics of Indonesian Islamic Law: Its Role and Impact on the Political and Legal System in Indonesia Rahmadi P, Fuji
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.v22i2.4442

Abstract

Indonesia, as the country with the largest Muslim majority in the world, has a rich and diverse Islamic legal tradition that continues to evolve over time. This research analyzes the dynamics of the role of Islamic law in Indonesia and its impact on the country's political and legal system. This research uses a normative legal approach by examining in depth the relevant legal content, identifying patterns of change, challenges and opportunities in the implementation of Islamic law in the political and legal context in Indonesia. The research results show that the role of Islamic law in the political and legal system in Indonesia is truly significant. Islamic law not only provides a moral and ethical basis for the formation of inclusive and just political policies, but also aligns the national legal system with Islamic values held by the majority of society. In addition, Islamic law provides specific guidelines in regulating various aspects of daily life, strengthens the legitimacy of the political system, empowers Muslim communities in the political process, and provides alternative dispute resolution based on the principles of Islamic law. The impact is enormous, not only reflecting the diversity and plurality of Indonesian society, but also strengthening the legal foundations that are inclusive, just and harmonious in creating harmony between citizens.
Reconstructing the Roles and Responsibilities of Directors and Business Actors in Online Transactions in Star Up Companies Based on Justice Values Ambarita, Lenny Mutiara; Hulu, Fonaho
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.v23i2.4443

Abstract

This research discusses the roles and responsibilities of directors and business actors in online transactions in start-up companies with a focus on the value of justice. Digital technology has changed the way business is conducted, but a key challenge is ensuring fairness in online transactions, including transparency, data security and consumer protection. Using a qualitative approach with case studies on digital start-ups in Indonesia, the research results show that directors play an important role in establishing fair strategic policies, while business actors must implement these policies with integrity. In conclusion, this reconstruction of roles and responsibilities is important for creating a fair and sustainable business environment.

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