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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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CRIMINAL RESPONSIBILITY IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES IN OFFICIAL AND PERSONAL CONTEXTS Rambey, Guntur; Perdana, Surya; Arifin, Muhammad
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.v22i1.4655

Abstract

Procurement of goods and services is a very urgent need in a developing country, the need for goods and services certainly requires quite large funds to obtain them. Service Users (in this case the Government) certainly expect good quality goods and services with the smallest amount of capital, while Service Providers (in this case the Contractor) will expect large profits, these two interests will attract each other. other. Procurement of goods and services is increasingly chaotic due to the lack of legal regulations in the form of laws, while the legal regulations used so far are only at the level of Presidential Decrees (Kepres) and Presidential Regulations. When talking about Procurement of Goods and Services, it includes several legal provisions, namely Civil law, if it concerns contracts, of course the legal consequence is a Civil lawsuit, if it concerns administrative decisions then it will be resolved through the Administrative Court, then if there is an allegation of a criminal act of misappropriation of State finances it will be resolved through criminal law, however, the specific legal rules for criminal liability for perpetrators of procurement of goods and services still use the provisions of general criminal law and the Corruption Crime Law. The method used in this research uses normative research. Normative legal research methods are research that positions law as a building system of norms.
LEGAL STUDY ON ETHICAL ISSUES IN THE USE OF ARTIFICIAL INTELLIGENCE FOR LEGAL DECISIONS: CRITICAL LITERATURE REVIEW Hanafi, Imam; Syah, Kaharuddin; Judijanto, Loso; Rachmawati Maruf, Irma; Subihat, Ihat
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.v23i2.4659

Abstract

This comprehensive research embarks on meticulously exploring the intricate ethical nuances at the convergence of artificial intelligence (AI) and legal decision-making. Through an exhaustive literature review, the study meticulously navigates the complexities woven into algorithmic bias, the multifaceted dimensions of data privacy concerns, the profound implications on human agency, imperatives surrounding transparency, the socio-economic impacts stemming from the integration of AI, and the global perspectives that cast a profound influence on this intricate landscape. The synthesis of these insights reveals a dynamic interplay between the rapid evolution of technological capabilities and the intricate ethical considerations that underpin responsible AI integration into legal frameworks. The study underscores the need for ongoing interdisciplinary discourse, urging scholars, practitioners, and policymakers to engage in a continuous dialogue to ensure that ethical frameworks evolve in tandem with the relentless progression of AI technology. The conclusion advocates for a flexible and adaptive ethical framework poised to navigate the evolving ethical horizon, thereby ensuring AI's judicious and equitable integration into legal decision-making.
STRATEGY DEVELOPMENT RESOURCE MAN DIGITAL BASED IN IMPROVING EMPLOYEE PERFORMANCE IN THE GREAT HALL TESTING TELECOMMUNICATION DEVICES, MINISTRY COMMUNICATION AND INFORMATICS Ningsih, Sari; Hakim, Azis
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.v23i2.4661

Abstract

Problem principal in study This is a development strategy source Power man Deep Digital Based increase performance employee at the Testing Center Telecommunications Equipment , Ministry of Communication and Information Republic of Indonesia not yet walk in a way effective and efficient . Problem main in study This is what is the development strategy source Power man Deep Digital Based improve it performance employee at the Testing Center Ministry of Communication and Information Technology Telecommunication Equipment Republic of Indonesia not yet walk in a way effective and efficient. Research methods used researcher is studies case use approach qualitative. Research result find effective development strategies digital- based sources Power man in increase performance employee at the Testing Center Telecommunications Equipment, Ministry of Communication and Information Republic of Indonesia, namely with give attention factor productivity work, efficiency, damage, accidents, service, morale work, career, conceptual, leadership, factors remuneration and consumers supported by the findings study that is factor creativity and factors innovative so that performance employee at the Central Telecommunication Equipment Testing Center, Ministry of Communication and Information Republic of Indonesia can walk in a way effective and efficient. 
JURIDICAL ANALYSIS OF BORDER AREA LAND REGISTRATION AND CONSOLIDATION FROM AN ECOSYSTEM PERSPECTIVE THE ERA OF FIVE POINT ZERO DESTRUCTION Ginting, Lilawati; Eddy, Triono
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.v23i2.4665

Abstract

Land Registration and Consolidation is a policy in the agrarian and land sector which in a constitutionalist approach is an obligation of the Government in all dimensions of Government management and administration, public services, and all aspects and dimensions of the National life system. Therefore, the author is determined to present the central theme in this journal, namely with the title "Judicial Analysis of Border Area Land Registration and Consolidation in the Ecosystem Perspective of the Five Point Zero Disruption Era".  This type of journal writing focuses on the type of normative legal writing. The data used to analyze the problem in question relies on secondary data. The approach methodology is carried out using legal research, through library research, prioritizing qualitative analysis. The theory used to analyze the problem formulation framework in question is by applying Volkgeist theory as a grand theory, namely, the theory of the national soul based on the theory of Friedrich Carl Von Savigny. As a middle theory, it uses the legal theory of Talcott Parsons, famous for his structural functionalism theory, while the applied theory uses the theory of the law of happiness (utilitarianism) by Jeremy Bentham (applied theory). Referring to the analytical content in this journal, the results are specifically related to land registration and consolidation in border areas in the ecosystem perspective of the five-point zero disruption era, according to the mandate of constitutionalism which must be implemented by the Government in a sustainable manner (sustainability). The main aim is to strengthen the understanding of the sovereignty of the State and nation, understand the sovereignty of the people, understand Indonesia as a rule-of-law state, and at the same time strengthen the understanding of the national economy and social welfare.
THE BUSINESS JUDGEMENT RULES ( BJR ) DOCTRINE AS LEGAL PROTECTION AGAINST BOARD OF DIRECTORS IN BUMN Wiji Lestari, Aniek Tyaswati; Tumangkar, Totok
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.v22i2.4666

Abstract

This legal writing discusses the implementation of the Business Judgment Rules (BJR) doctrine, in relation to the legal protection of BUMN directors, where in carrying out management of BUMN, when the BUMN experiences losses the directors are deemed to have harmed state finances. In writing this law, it uses a type of normative legal research, with a statutory approach and a conceptual approach. The legal materials used are primary legal materials, namely Law Number 40 of 2007 concerning Limited Liability Companies and Law Number 19 of 2003 concerning BUMN. The research results show that Law Number 40 of 2007 concerning Limited Liability Companies basically regulates the protection of Directors in BUMN companies in protecting the rights of directors through the concept of the Business Judgment Rule doctrine as regulated in Article 97 Paragraph (5) and Article 104 Paragraph (4) Law Number 40 of 2007 concerning Limited Liability Companies. Through the Business Judgment Rule Doctrine, it has provided legal protection for directors of state-owned companies who cannot be held individually responsible for losses to state-owned companies by proving that the losses were not due to the fault or negligence of the directors of state -owned companies, have made business policies in accordance with good faith and the principle of prudence and the absence of personal conflicts of interest when making business policies by BUMN directors.
Realization of Good Governance Through Medan One Data Program as a Form of Regional Autonomous Implementation of Medan City Government Gea, Ali Yusran
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.v22i2.4667

Abstract

The concept of good governance can be realized if the three main actors, namely the government, private sector and civil society, synergi ze with each other. The one data program is closely related to the concept of good governance. This concept is better interpreted as a solution to realize effective and efficient government performance in the city of Medan. The Medan One Data Program has several main objectives and benefits in improving good governance in Medan City. Here are some of them: Increasing Transparency, Efficiency of Decision Making, Reducing Redundancy and Reducing Costs, Improving Public Services, Performance Monitoring and Evaluation, Community Empowerment. The initiative is a Presidential mandate as specified in Presidential Regulation No. 39 of 2019. The research method used in this research is a qualitative descriptive method that describes conditions and phenomena found in the field. Thus, the research results show that the one data program can increase the effectiveness of Medan City government implementation. The Medan One Data Program not only helps improve the efficiency and effectiveness of government administration, but also strengthens the principles of good governance, transparency, community participation and accountability in the administration of Medan City government.
THE PRINCIPLE OF THE BEST INTEREST OF THE CHILD IN GRANTING CHILD CUSTODY RELATED TO DIVORCE Bagenda, Christina; Carbonilla, Cicilia Hellena
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.v23i2.4675

Abstract

The principle of the best interest of the child is a fundamental principle universally recognized in the protection of children's rights. This principle is especially relevant in the context of divorce, where decisions regarding child custody must be made with a comprehensive consideration of the child's best interests. The purpose of this research is to analyze the application of the best interest of the child principle and to identify the main factors considered in making custody decisions in divorce cases in Indonesia. This research employs a normative legal research method with legislative and conceptual approaches. The sources of legal materials in this study include primary, secondary, and tertiary legal materials, and the data analysis technique used is qualitative analysis. The research findings reveal that the principle of the best interest of the child is applied in making child custody decisions in divorce cases in Indonesia by considering various factors related to the child's overall welfare, such as the child's age, the emotional bond between the child and the parents, the living environment, the child's safety and well-being, and the parents' ability to provide proper care. Other main factors considered include the parents' physical and mental health conditions, history of domestic violence, and the child's wishes or opinions if they are mature enough. The court will assess and consider all these factors comprehensively to decide on child custody based on what is most aligned with the best interest of the child in the divorce case.
THE AUTHORITY OF NOTARIES IN FILLING LEGAL GAPS IN ISSUING INHERITANCE CERTIFICATES FOR FOREIGN CITIZENS FOLLOWING THE ENACTMENT OF LAW NUMBER 6 OF 2023 CONCERNING THE STIPULATION OF GOVERNMENT REGULATION IN LIEU OF LAW NUMBER 2 OF 2022 ON JOB CREATION Rahmawati, Ayu; Kusumadara, Afifah; Masykur, M. Hamidi
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.v23i2.4699

Abstract

The purpose of this research is to provide an overview of the legal vacuum (rechtsvacuum) in the proof of heirs as legitimate heirs of a deceased foreign national. This research is normative juridical research. It uses a normative juridical approach with two methods: statutory and conceptual. The sources of legal materials consist of primary sources (legislation), secondary sources (academic manuscripts, legal journals, books, articles), and tertiary sources (legal dictionaries, KBBI). The literature study method is used to search for legal sources. The analysis of legal materials is conducted using teleological interpretation and the specialization construction technique (rechtsvervijnings). The research results show that granting Property Rights (Hak Milik) for apartment units (Sarusun) to Foreign Citizens (WNA) in Indonesia is not new and has long been practiced as an effort to attract investment and provide facilities for foreign nationals who contribute to national development. However, there is a legal vacuum regarding the creation of Inheritance Certificates (Surat Keterangan Waris - SKW) for foreign heirs, which is important for proving their status as legitimate heirs and conducting legal transactions related to the inheritance. To address this legal vacuum, it is recommended that the creation of SKW for heirs of foreign nationals should be carried out before a Notary. The main reason for choosing a Notary is because they have the authority to create authentic deeds, have a wide reach throughout Indonesia, and are not limited by religious factors in creating SKW. Additionally, deeds made by a Notary have stronger legal force compared to SKW in letter form. Therefore, this arrangement is expected to provide legal certainty for foreign nationals owning Sarusun in Indonesia and their heirs.
DEVELOPMENT OF AN ELECTRONIC-BASED GOVERNMENT SYSTEM TO IMPROVE PUBLIC SERVICES IN THE CITY OF MOJOKERTO (Study on the Palapa Mojo Application at the Mojokerto City Communication and Information Service) Laili, Safitri Nur; -, Suryadi; Muluk, Mujibur Rahman Khairul
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.v22i1.4700

Abstract

The use of e-government technology in public services plays an important role in increasing efficiency, transparency and accessibility. E-government, also known as electronic governance, involves the use of information and communications technology to provide services to citizens and businesses. This technology allows the government to interact with the public through digital platforms, improving the quality of services and increasing public participation. By implementing electronic services and digital platforms, the government can offer various services such as mail delivery, complaint services, and administrative procedures more efficiently and transparently. This research focuses on developing the Palapa Mojo application to improve public services in Mojokerto City. This research uses a descriptive qualitative approach. The data sources used are primary data and secondary data. Data collection techniques include interviews, observation and documentation. The research results show that the development of the Palapa Mojo application shows great potential in increasing transparency, efficiency and public participation in government. However, further efforts need to be made to perfect service integration and expand information accessibility for all levels of society. Better implementation of online communication and transaction features will also strengthen citizens' trust and satisfaction with the e-government services provided.
Principles Of Actio Paulina In Bankkruptcy Regarding The Deed Of Trasfer Of Rights Made In Front Land Tittles Registrar maryano, Maryano; Hariansah, Syafri
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.v23i2.4716

Abstract

The legal principle of actio pauliana is the right given to creditors to request the cancellation of all acts of transfer of rights carried out by the debtor. The curator is the only party who can cancel legal actions carried out by the bankruptcy debtor based on the legal principle of actio pauliana through the Court, so that the deed of transfer of rights made by PPAT can be canceled using the legal principle of actio pauliana through a court decision. The aim of this research is to analyze the concept of the actio pauliana principle in the legal system in Indonesia and find out the legal position of the deed of transfer of rights made before the PPAT which is submitted for actio pauliana legal action in bankruptcy in Indonesia. The method used in research is normative juridical. Based on the research results, it is concluded that the concept of the actio pauliana principle in the legal system in Indonesia has been regulated in Article 1341 of the Civil Code and Articles 41 to Article 49 of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations with the aim of protecting interests of creditors from bad actions carried out by debtors. This must go through a process by filing a lawsuit with the Commercial Court to obtain a decision to cancel the transfer of property or assets to a third party. A lawsuit for the transfer of property or assets can only be directed against a party who within 1 year before the bankruptcy occurred transferred their assets. The legal status of the deed of transfer of rights made before the PPAT which is submitted for actio pauliana legal action in bankruptcy in Indonesia is binding for both parties when the transfer of rights is carried out in good faith in accordance with the provisions required in the Law.

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