Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
Articles
1,613 Documents
<![CDATA[Applying Press Law and Online Media Framing in the Case of Brigadier J .'s Murder ]]>
<![CDATA[Syafriadi, Syafriadi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2453
<![CDATA[This study analyzes the news framing of detik.com, tribunnews.com, and coil.com on the killing of Brigadier Pol Nofriansyah Joshua Hutabarat ( Brigadier J) from the perspective of legal politics in the application of Law Number 40 of 1999 concerning the press by using the theory of Robert N. Entman. It shows how the norms of the law are invited to be implemented in highlighting issues to attract readers' attention. This study uses a framing analysis method with a paradigm or construction approach, which views that there is no objective reality. The data collection technique in this study was carried out based on analysis and studies based on the news of the three media with the random sampling method. In addition, literature studies are also carried out through books, journals, articles, and the internet. The conclusion obtained from the results of this study is that detik.com, tribunnews.com, and coil.com both apply the straight news reporting model that is on actual issues to implement it as a social media control. This pattern of reporting helped push information about Brigadier J's murder into a wild ball outside of mainstream information.]]>
<![CDATA[The Authority of the Commercial Court in Bankruptcy Disputes ]]>
<![CDATA[Gaol, Royana Lumban]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i3.2461
<![CDATA[The purpose of this study is to find out and understand the authority of the commercial court based on the application of Law Number 37 of 2004 in resolving bankruptcy disputes. This study uses descriptive analysis research techniques supported by a normative juridical approach. The results of the study show that legal considerations in a decision must be juridical and become the basis of a decision. Court decisions must contain certain articles of the relevant regulations and unwritten legal sources that are used as the basis for adjudicating, therefore the Commercial Court Decision at the Central Jakarta District Court Number 04/Pdt.Sus-Pailit/2016/PN.Niaga.Jkt. Pst is in accordance with Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.]]>
<![CDATA[Harmonization of Various Institutions in Preventing and Overcoming the Impact of Child Marriage ]]>
<![CDATA[Sebyar, Muhamad Hasan]]>;
<![CDATA[Tauhid, Tauhid]]>;
<![CDATA[Amri, Fauzul Fil]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.2476
<![CDATA[Marriage dispensation is an alternative to resolve the issue of marriage at the age of under 19 years. However, the decision to grant marriage dispensation may have a negative impact on household harmony, eventually resulting in divorce. To overcome this issue, judges are authorized to reduce the adverse effects of under-aged marriage. This study aimed to identify and analyze the harmonization between the Panyabungan Religious Court and other institutions in preventing and reducing the impact of child marriage dispensation. This research employed the legal and the socio-legal approaches. The legal approach was used to analyze the marriage dispensation decision at the Panyabungan Religious Court, while the socio-legal approach was used to analyze the social interactions that occurred between the Religious Court and other institutions. The results of this study indicated that the harmonization between the Panyabungan Religious Court and other institutions with common functions and purposes in the prevention and mitigation the impact of child marriage dispensation is considered to be good. Collaboration was already in motion between the Customary Institution and KUA (the Office of Religious Affairs) or the Ministry of Religious Affairs. Further collaboration with the Health Office, Education Office, Manpower Office, Women's Empowerment and Child Protection Office, Family Planning Office, and MUI (Indonesian Ulama Council) of Mandailing Natal Regency needs to be explored in the future. It is hoped that this cooperation will occur not only in the Panyabungan Religious Court but in all the Religious Courts throughout Indonesia.]]>
<![CDATA[The Urgency of Pouring Out Rule of Law Principles to Realize Equitable Integration in Protecting Indigenous Peoples, Food Security, and Sustainable Development ]]>
<![CDATA[Kristhy, Mutia Evi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2482
<![CDATA[This study aims to find out the urgency of incorporating rule of law principles to realize equitable integration in protecting indigenous and tribal peoples, food security, and sustainable development. The research method used is classified as normative or doctrinal legal research with a juridical-normative approach. The normative legal research method uses existing literature research methods. In collecting research data, using secondary legal materials in the form of books, journals, articles, and other written works, both from print and internet media related to this research. The results of this study are that indigenous peoples as individuals are not much different from other individuals, needing the right to live, the right to food, the right to clothing and the right to housing, education, and other rights.]]>
<![CDATA[Legal Protection for Automatic Exchange of Information Taxation in Indonesia: The Importance of Synergy with Cybersecurity Institutions ]]>
<![CDATA[Gunadi, Gde Wahyu Marta]]>;
<![CDATA[Budiana, I Nyoman]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.2488
<![CDATA[Every citizen who is the subject of taxes and already has a Taxpayer Identification Number (NPWP or NIK) must do tax reporting on his income. Such reporting ensures taxpayer property and income data validation while supporting good governance. Data automation support is needed from other agencies such as banks to find out the balance and ownership of deposits and bank securities, land bodies to know land ownership, stock exchanges to know share ownership and other institutions related to property ownership. Integration between these institutions will increase the validity of reporting property and income owned by government officials, ultimately improving integrity towards good governance. In reality, there is no automation of validation of annual notification letter (SPT) charging data on property ownership data in each institution due to the sectoral ego of each institution, and there is no real-time regulation of property validation. Automatic Exchange of Information (AEOI) enables the automated sharing of a set of information that has been previously defined by the tax authorities. AEOI is a plan of the G20 members and is initiated by the OECD. The AEOI system works through the exchange of financial data of foreign nationals living in a country. The exchange of financial data is carried out between the tax authorities in each country. Indonesia is prepared to put this into practice as a G20 member, as evidenced by the previous release of Minister of Finance Regulation Number 39/PMK.03/2017 (PMK 39), covering Procedures for Exchange of Information Based on International Agreements. Types of Documents and/or Additional Information Required to Be Retained by Taxpayers Conducting Transactions with Related Parties and Procedures for Management, Minister of Finance Regulation No. 213/PMK..03/2016 (PMK 213). As a result, in addition to the Automatic Exchange of Information (AEOI) regulation put out by the Organization for Economic Cooperation and Development, there needs to be legal protection (OECD). Furthermore, the author emphasizes the importance of cooperation and synergy with cybersecurity institutions to secure tax exchange data.]]>
<![CDATA[Reviews Include In The Categories Of Providing Information Or Utterances Hate ]]>
<![CDATA[Susila, Susila]]>;
<![CDATA[Wahyu Muhammad, Danang]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.2489
<![CDATA[Reviewing part of consumer rights as described in Article 4 of the Consumer Protection Act, complaints and opinions in the review are part of Electronic word-of-mouth (e-WOM). This activity is very beneficial for business actors in the field of information and advertising. This study uses normative research sourced from previous research and binding regulations. This study discusses the provisions of the review included in information or hate speech and how business ethics are the limitations of the review. The submitted review will be included in the information stipulated in the binding legal provisions. The freedom of opinion in the proposed study has limitations, namely mutually beneficial business ethics as desired]]>
<![CDATA[LAW ENFORCEMENT AGAINST THE CRIMINAL ACTION OF TRAFFICKING CHILDREN IN THE RIAU POLDA ]]>
<![CDATA[Zulfahmi, Rio Satya]]>;
<![CDATA[Susanti, Heni]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i2.2511
<![CDATA[Child trafficking is a form of crime that can be committed by a person or group of people or an institution against a person who is not yet 18 years old, including those who are still in the womb. A crime consists of a series of certain processes and for certain purposes. The purpose of this study was to determine the development of criminal acts of child trafficking in the Riau province from 2019 to 2021. To find out the efforts of the Riau regional police in dealing with child trafficking crimes in the Riau province. This study uses a sociological legal research method and the nature of this research is descriptive analysis and the approach method applied in this research is sociological juridical. This paper was developed through primary data collection techniques in the form of a number of information or facts directly obtained from the relevant agencies, namely the Riau Regional Police. Primary legal resources, secondary legal materials, and tertiary legal materials are among the two secondary data sources. In this research, the author employs the interview technique and the method of analysis for data collecting.Child trafficking is a form of crime that can be committed by a person or group of people or an institution against a person who is not yet 18 years old, including those who are still in the womb. A crime consists of a series of certain processes and for certain purposes. The purpose of this study was to determine the development of criminal acts of child trafficking in the Riau province from 2019 to 2021. To find out the efforts of the Riau regional police in dealing with child trafficking crimes in the Riau province. This study uses a sociological legal research method and the nature of this research is descriptive analysis and the approach method applied in this research is sociological juridical. This paper was developed through primary data collection techniques in the form of a number of information or facts directly obtained from the relevant agencies, namely the Riau Regional Police. Primary legal resources, secondary legal materials, and tertiary legal materials are among the two secondary data sources. In this research, the author employs the interview technique and the method of analysis for data collecting.]]>
<![CDATA[Implementation Of The Contrarius Actus Principle In Revocation Of Land Certificate Without A Court ]]>
<![CDATA[Busroh, Firman Freaddy]]>;
<![CDATA[Khairo, Fatria]]>;
<![CDATA[Zhafirah, Putri Difa]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2512
<![CDATA[Proof of ownership of land is a land certificate. Often in the issuance of land certificates, there are problems. Land certificates that have been issued usually cause problems and must be canceled. One of the causes of the revocation of land certificates is invalid data which contains administrative defects. The problem arises that often the Head of the Land Office is reluctant to cancel the land certificate and prefers the applicant for the revocation of the land certificate to file a lawsuit in court or through litigation. This was suggested by the Head of the Land Office because of his misunderstanding of the Contrarius Actus principle. The Contrarius Actus principle is a principle in administrative law where the State Administrative Officer who makes State Administrative Decisions is automatically authorized to change, replace, revoke and cancel the documents he has made. and juridical defects must be revoked by the Head of the Land Office without having to wait for a court decision if they have fulfilled the revocation requirements.]]>
<![CDATA[Legal Protection Against Abortionists Of Rape Victims ]]>
<![CDATA[Delmiati, Susi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.2523
<![CDATA[Rape is a crime that causes trauma to the victim, besides the trauma of rape can also cause pregnancy in the victim. Pregnancy from rape behavior is certainly a pregnancy that the victim did not expect, so that not a few have abortions for their pregnancies. This study aims to determine the legal protection for abortion perpetrators who are rape victims. This study uses a normative legal research method with a normative juridical approach, while data collection techniques are carried out by exploring journals, books and applicable laws and regulations. The results of the study show that legal protection for abortion victims of rape is with the policy of Article 76 of the Health Law which considers the condition of rape victims so as to allow abortion with certain conditions stated in the law in it.]]>
<![CDATA[Controlling The Amendment Of The Nri Constitution And The Necessary Of The President's Service For Three Periods ]]>
<![CDATA[Irmanjaya, Irmanjaya]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2532
<![CDATA[The constitution in Indonesia has undergone several changes since Indonesia's independence. In this dynamic, Indonesia is in the phase of finding its identity and the right government system in accordance with the conditions of the Indonesian nation. Changes to the constitution repeatedly, namely in the Post-Independence period, the 1945 KRIS, the 1950 Constitution, the New Order, the Old Order, and the Reformation. Article 7 of the 1945 Constitution of the Republic of Indonesia states that the President governs for a term of five years and can be re-elected in the election of the head of state. However, until the New Order era, the presidential term limit was not determined. Resulting in abuse of power and political chaos. The post-amendment reform era changed Article 7 by limiting the president's power to only two terms. The amendment to Article 7 is referred to as the embodiment of reform and is in accordance with the opinion of the Indonesian people so that power regeneration can occur. The discourse on the third amendment in Article 7 is pro and contra because it is planned that there will be a change in the limitation of the presidential term of office to three periods. This discourse is not in accordance with the spirit of Article 7 of the 1945 Constitution of the Republic of Indonesia and the controversy among the Indonesian people. The Indonesian people hope that the abuse of power will not repeat itself as in the pre-reform era and stick to the mandate of Article 7 of the 1945 Constitution of the Republic of Indonesia that the president is limited to two terms.]]>
