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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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Ministry of Religion Communication Techniques in Efforts to Disseminate Halal Certification Obligations for Business Actors in Deliserdang Regency Mhd Latif Kahfi
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 Rian Fauzi Rahman; Anita Afriana; Hazar Kusmayanti
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 Joice Soraya; Wahyu Prawesthi
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 Baiq Dhea Fadhila Islami; Luthfillah Arrizqi Zainsyah; Alvian Dwiangga Wijaya; Ida Ayu Tannia Dhamayanti Manuaba; Zalzabilla Fransiska
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 Fuji Rahmadi P
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.
How to Regulate an illegal platform in P2P Lending? (Evidence From Indonesia and Global Approach) Suryono, Arief; Kharisma, Dona Budi; Wanda Yunitha Purba, Agata
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.v23i3.4444

Abstract

The aim of this studi is: (1) to scrutinize the legal predicaments pertaining to the governance of Peer-to-Peer (P2P) lending in Indonesia, by drawing comparisons with the regulatory frameworks of the United States and the United Kingdom, and (2) to devise the optimal legal mechanism for the regulation of P2P lending transactions. This study employs a normative legal research methodology utilizing comparative and legal approaches to investigate the regulatory frameworks for P2P lending in Indonesia, the United States, and the United Kingdom. The legal materials used in this study solely pertain to P2P lending regulations and were collected using library research techniques. The expansion of P2P lending in Indonesia has been impeded by the widespread prevalence of unlawful P2P lending practices. A comparative evaluation of the regulatory structures of the United States and the United Kingdom highlights that the insufficiency of regulatory measures has played a role in aggravating this issue. The UK's well-structured and comprehensive regulations, which provide robust protections, are worth emulating and implementing, especially considering that P2P lending in the UK is successful and dominates the European economic market. Meanwhile, the strict information disclosure and platform registration rules implemented in P2P lending in the United States are essential regulatory factors that the OJK should consider in its supervision of P2P lending in Indonesia.
THE PHENOMENON OF "CLICK" AND THE PRINCIPLE OF GOOD FAITH IN ONLINE BUYING AND SELLING: A PHILOSOPHICAL PERSPECTIVE ON BUSINESS LAW Wahyu Prawesthi; Joice Soraya
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.v22i2.4447

Abstract

The development of information and communication technology has driven the growth of the increasingly popular phenomenon of online buying and selling, but it has also brought legal issues related to the principle of good faith in such transactions. In the context of online buying and selling, the action of "clicking" as an expression of intent to enter into a sales agreement has legal implications, but it is not yet clear whether it truly reflects free will and good faith considering the virtual nature of transactions which are vulnerable to issues such as lack of clarity in information or fraud. This research aims to examine the phenomenon of "clicking" in online buying and selling transactions from the perspective of the philosophy of business law and its relation to the principle of good faith in contract law, as well as to analyze the legal developments and regulations in Indonesia in accommodating this phenomenon along with the challenges faced in its implementation. This research uses a normative legal research method. A conceptual approach is used to understand the concepts and principles of law related to the phenomenon of "clicking" and the principle of good faith in online buying and selling in depth from the perspective of the philosophy of business law, by collecting data through literature review and analyzing the data qualitatively. The research findings show that the review of the philosophy of business law emphasizes that the action of "clicking" in online buying and selling transactions should be regarded as a manifestation of free will and good faith if based on complete and transparent information, and there is no imbalance in bargaining positions between businesses and consumers. Efforts to enhance transparency, strengthen consumer protection, and enforce the law rigorously are needed to create a fair and dignified online buying and selling ecosystem. Meanwhile, regulatory developments in Indonesia such as the ITE Law and the PMSE Regulation have not specifically accommodated the phenomenon of "clicking" and the principle of good faith, with the main challenges being the dynamic nature of digital technology, gaps with conventional legal principles, and the need to ensure a balance of interests and enhance public education on safe online buying and selling transactions.
THE ROLE OF BANKING IN PREVENTION ONLINE GAMBLING CRIME Efendi Gunawan Sidiki; Barbalina Matulessy
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.v21i2.4450

Abstract

This research aims to obtain data and information regarding the role of banking institutions in preventing criminal acts of online gambling as well as factors that become obstacles to implementing the role of banking institutions in preventing criminal acts of online gambling. In this research, the methods used are normative juridical research methods and empirical juridical research methods, supported by data collection techniques in the form of direct observation and interviews in the field in order to obtain valid and accountable data. The results of the research show that the implementation of the role of banking institutions in preventing criminal acts of online gambling has not been implemented according to the aims and objectives of implementing the know your customer principle and/or the customer due diligence principle, as a result of the lack of clarity in the legal regulations as regulated in the Law. -Law Number 10 of 1998 concerning Banking, as well as those regulated in the Financial Services Authority Regulation Number: 12/POJK.01/2017 concerning the Implementation of Anti-Money Laundering and Terrorism Financing Prevention Programs in the Financial Services Sector. Namely, the bank is only passive, and reports suspicious transactions on a request basis. Meanwhile, the factors that become obstacles are, firstly, the bank ratio factor, secondly, advances in technology and electronic transactions and thirdly, the regulation of the nominal amount of money that can be carried out by EDD as regulated in Article 15 of the Financial Services Authority Regulation Number: 12/POJK.01/2017.
The Permits as an Integration Mechanism: Legal Protection Efforts for Land Rights Holders Relating to Mining Permits Surahman Surahman; Nurhayati Mardin; Syachdin Syachdin; Widyatmi Anandy
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.v23i2.4464

Abstract

This research aims to analyze the position of permits as well as formulate the position of permits as an integration mechanism related to preventive means to minimize disputes and disputes between mining permit holders. This research is normative legal research with a statutory and conceptual approach. The research results confirm that the position of permits as a preventive legal protection effort in society has an orientation to prevent and minimize disputes or disputes between land rights and mining permits. Permits as an integration mechanism for land rights holders relating to mining permits can be carried out by carrying out reformulation in which mining permits are granted by first fulfilling the conditions for resolving various problems between mining permit holders and land right holders. Resolving various problems between mining permit holders and land rights holders is carried out using a comprehensive and holistic approach that not only prioritizes legal approaches, but accommodates political, economic and cultural approaches.

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