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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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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. 002 (2024): Pena Justisia (Special Issue)
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 Prawesthi, Wahyu; Soraya, Joice
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 Sidiki, Efendi Gunawan; Matulessy, Barbalina
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; Mardin, Nurhayati; Syachdin, Syachdin; Anandy, Widyatmi
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.
THE LEGAL CERTAINTY OF COMMUNITY PARTICIPATION RELATED TO MINING ACTIVITIES Tampubolon, Muhammad Hatta Roma; Maddusila, Sitti Fatimah; Zulkarnain, Zulkarnain; Mallawa, Suardi Dg.
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.v23i1.4465

Abstract

Indonesia is rich in mining resources, which constitute one of the crucial sectors for national development. However, mining activities are not without controversy, particularly regarding community participation in decision-making processes and implementation. Despite existing laws guaranteeing the community's right to participate, their implementation still faces obstacles such as legal uncertainties concerning the mechanisms and procedures for participation, which have not been clearly and comprehensively regulated. The purpose of this research is to examine the legal certainty regarding community participation in mining activities in Indonesia and to identify the problems and challenges faced in its implementation. This study employs normative legal research methods with a legislative and conceptual approach. Data collection techniques are conducted through literature studies, analyzed qualitatively with content analysis, and presented descriptively and analytically. The research findings reveal that legal certainty regarding community participation in mining activities in Indonesia is currently regulated by laws such as the Mineral and Coal Mining Law (UU Minerba) and Government Regulation No. 51/2014, which guarantee the community's right to participate. However, these regulations do not clearly define the mechanisms and procedures, leading to legal uncertainty. The main problems and challenges in implementation include unclear mechanisms and procedures for participation, lack of socialization and transparency of information, low community capacity, weak law enforcement and supervision, and potential conflicts of interest that can hinder effective and sustainable community participation in mining activities.
The Nickel Industry in Indonesia: How Far Are the Environmental Impacts and the Legal Liability? Hafiza, Hafiza; Widowaty, Yeni; Zougira, Hikmah
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.v22i1.4466

Abstract

One of the elements of human rights is the right to a safe and healthy environment—industrialization's role as an economic booster. However, the Konawe Nickel Industrial Area's industry impacts the environment. This research examines the legal liability for (VDNI) Virtue Dragon Nickel Industry Inc.'s environmental impacts in Morosi District, Konawe Regency. The findings revealed that the nickel smelter industry Konawe's VDNI Inc. activity resulted in a change in ambient air quality that exceeded the required air quality standard, noise disturbance that exceeded the quality of noise needed standard, as well as Toxic and Hazardous Waste (B3) waste and non-Toxic and Hazardous Waste (non-B3) taste that was still stored in one place and did not report their business activities to the Provincial and Regency Environmental and Forestry Services and the Industry and Energy Office regarding the use of coal-fired power plants in the electricity sector. As a result, VDNI Inc. must be held entirely accountable (strict liability) in administrative, civil, and criminal law.
Optimizing Diversion Policy Due to Overcrowding in Children's Special Development Institutions (LPKA) Hasibuan, Hamdi; Mansar, Adi; Perdana, Surya
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.v22i1.4469

Abstract

Child convicts are separated from adult convicts so that they are placed in the Special Children's Development Institution (LPKA), where this is a place for child convicts, not as a place to administer punishment as we know in Correctional Institutions (Lapas) which contain adult convicts. The essence of diversion with a restorative justice approach is the "transfer" of the process of resolving criminal acts from inside to outside the court through the method of consensus deliberation by prioritizing "restoration", "improvement" of the original situation before the crime occurred and by meeting the needs of victims, perpetrators and the community. This is stated in Article 8 of the SPPA Law that diversion is carried out through deliberation involving many parties. The results of diversion are expressed in the form of a "diversion agreement" which generally takes the form of peace (with or without compensation), handover to parents/guardians, education/training at educational institutions or LPKS; or community services. Negative impacts arising from the decline of prison and detention center residents include burdening staff, deterioration of living conditions, lack of access to education, training and employment, quality of health and physical and mental comfort which triggers tension and violence, increasing the risk of disease transmission. , also has an impact on state finances, human rights issues, health issues, security and economic issues due to illegal levies, security for officers, and the effectiveness of coaching. Therefore, it is important to have policies to mitigate the impacts arising from the overcrowding that occurs in prisons and detention centers
REGULATION AND IMPLEMENTATION OF HALAL CERTIFICATION IN INDONESIAN FASHION PRODUCTS (An Analytical Study of Law No. 33 of 2014 on Halal Product Assurance) Nasution, Evriza Noverda
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.v23i2.4482

Abstract

The halal industry is a growing sector globally, but the implementation of halal certification for fashion products lags behind other products. This study focuses on formulating halal certification for fashion in Indonesia, analyzing obstacles and solutions, and reformulating halal criteria to ensure future compliance with Islamic law. The research, which is normative-empirical, uses legislative, analytical, and case study approaches. Findings indicate that the mandatory halal certification in Indonesia, introduced by Law No. 33 of 2014, is being implemented gradually, with food and beverage products by October 18, 2024, and fashion products by October 18, 2026, as per Government Regulation No. 39 of 2021. The certification authority has shifted from LPPOM MUI to the Ministry of Religious Affairs via BPJPH, which certified over 3 million products by 2023. However, the implementation for fashion products is minimal, mainly covering woven fabrics with animal-derived materials as a critical point. Future halal fashion certification can be enhanced by adding criteria to meet Islamic law requirements. Reformulation of the certification can be achieved by amending PP No. 39 of 2021 or issuing a BPJPH decision on halal indicators for fashion. Challenges include the halal supply chain, lack of globally recognized certification, absence of international halal criteria for fashion, and technological advances causing material distortions. Solutions involve a traceability system to maintain supply chain integrity and global cooperation
RESTORATIVE JUSTICE IN THE APPLICATION OF CRIMINAL ACTS THROUGH POLICE DISCRETION BASED ON LOCAL WISDOM Sugiharto, Widodo; Yodo, Sutarman; Sulbadana, Sulbadana
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.v23i1.4484

Abstract

This research aims to: (1) Understand and analyze the application of Discretion by the Police in resolving criminal acts. (2) Understand and analyze whether Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. (3) Understand and analyze whether Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. This research uses a normative-empirical research type. The use of this research type is based on the formulation of the problem proposed as a logical consequence of the research legal issue in the background of the problem. This research type is used in accordance with the formulation of the proposed problem. Research results: (1) The application of Discretion by the Police in resolving criminal acts. Criminal law enforcement with the authority of Police Discretion, in its implementation prioritizes the Restorative Justice approach, namely the resolution of criminal cases by involving the perpetrator, victim, perpetrator/victim's family and other related parties to jointly resolve fairly by emphasizing restoration to the original state. (2) Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. Discretion based on the Restorative Justice approach is a paradigm that can be used as a framework for handling criminal cases through the conventional criminal justice system in Indonesia. Police Discretion based on Restorative Justice, handling criminal cases based on the National Police Chief Circular Number: SE/8/VII/2018 dated July 27, 2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases, which serves as a guideline for Investigators in resolving cases through Restorative Justice at the investigation and investigation level. (3) Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. The revitalization of Local Wisdom is a strategy used to revive community traditions and culture so that they can be used as an alternative by the Police in resolving criminal acts. Through Restorative Justice originating from Police Discretion.
COMPARISON OF LEGAL IN GRANTING THE RIGHTS OF RETITUTION TO VICTIMS OF SEXUAL VIOLENCE Sari, Pika; Yanuarto, Toto; Setyawan, Effendi; Prakoso, Bhim
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.v23i2.4485

Abstract

The existence of an effective legal system for the protection and recovery of victims of sexual violence is important in the context of respect for justice. The problem is the legal protection of victims of sexual violence, and the granting of restitution rights to victims of sexual violence. This type of research includes a legal-normative section which examines theories, concepts, legal principles and legal provisions that are appropriate and relevant to the subject of the research. This research uses qualitative methods and case methods. In addition, the data obtained will be processed qualitatively and presented in descriptive form. In conclusion, legal protection for victims of sexual violence in Indonesia is regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims. Victims of criminal acts have the right to receive compensation, compensation for loss of income or property. By providing the right to restitution to victims of sexual violence in Indonesia, it is clear that restitution or compensation recognizes the victim's suffering and provides adequate restitution. However, there are differences in policies regarding restitution for victims of sexual violence in Malaysia. Currently there is no law that clearly regulates this aspect. This condition can cause victims to feel insecure and have difficulty identifying their pain. Therefore, special attention must be paid to improving restitution rules to better guarantee the rights of victims of sexual violence.

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