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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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THE BUSINESS JUDGEMENT RULES ( BJR ) DOCTRINE AS LEGAL PROTECTION AGAINST BOARD OF DIRECTORS IN BUMN Aniek Tyaswati Wiji Lestari; Totok Tumangkar
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 Ali Yusran Gea
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) Safitri Nur Laili; Suryadi -; Mujibur Rahman Khairul Muluk
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.
Communication Politics in Sports Events ( Politicization or Political Sports Event ) Budiasa, Meistra
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.v23i2.4717

Abstract

In the modern era, sports become more from simply show Athletics form physique or performance through something event sport ; in its development own role as part from room communication politics. This article explore How communication politics and events sport each other related , as well How government use sport as tool diplomacy and communication. With use analysis qualitative based literature and studies case through event sport big like Olympics and world cup, research This identify How sport has become Medan fight ideology and tools For strengthen image of the country on stage international. A number of sporting events big like The Olympics and World Cup have been used by countries as chance For promote a political agenda they 're nice in a way explicit nor implied. On the other hand, athletes and teams also take advantage event the For convey message politics, sometimes against policy government they Alone. Research result This show that sports, in its capacity as event global communications, has become instrument strategic in communication politics. With Thus, deep understanding about dynamics This important for government and stakeholders interest other in planning communication strategies politics in the current global era This.
Analysis of Land Rights Acquisition Through Inheritance in Cases of Customary Land Disputes Suryana, Ilham Adi; Djajaputera, Gunawan
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.v23i2.4718

Abstract

This study focuses on analyzing the interaction between formal inheritance law and customary law in the context of acquiring land rights through inheritance, particularly in cases of customary land disputes in Indonesia. Through literature review and case analysis, this research evaluates how formal inheritance law, represented by the Civil Code, and local customary legal practices can conflict, causing complexity and disputes in the transmission of land rights. The main findings indicate that the misalignment between these two legal systems often results in injustices in the distribution of inheritance and prolonged disputes. This study proposes the need for legal reform that integrates customary law with national law, supporting the recording and codification of customary law to ensure justice and legal certainty, as well as respecting the cultural values of indigenous communities. The research concludes by recommending the development of more inclusive and sustainable policies to effectively manage customary land inheritance in Indonesia
Health Safety and Hajj Preparedness (K3Haji) M . Sukaelan, M. Sukaelan; Marhumah, Marhumah
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.v23i2.4721

Abstract

Hajj is a worship that is obligatory once in a lifetime which is highly anticipated by all Muslims in the world, including Indonesia, all of them go to one place, namely Mecca, resulting in a very large mass buildup, so it is necessary to anticipate safety, health and preparedness from the moment of departure. , the implementation of the ritual worship until the time of staying and staying overnight at the place. Data on the implementation were taken from the website, observations, experiences during the pilgrimage and observations and experiences while serving as a speaker on hajj safety, health and preparedness at KBIH (Hajj guidance group) Multazam Yogyakarta City from 2017-2023. Where data is obtained that most of the prospective pilgrims do not know the situation and condition of the place of worship, while on the way, during worship and during activities at the hotel and how to behave when an emergency occurs (fire, heart attack, both yourself and other pilgrims) ) mainly related to hazards, risks and how to deal with them properly and correctly.
Understanding Voting Behavior Models: A Critical Review Ali Nurdin
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.v22i2.4723

Abstract

This research aims to explore the impact of money politics on voting behavior, compliance and voter loyalty in Indonesia using literature study and desk research methods. Money politics, which involves providing material incentives to voters, has become a widespread and influential phenomenon in the electoral system in Indonesia. This study analyzes various literature and secondary data to understand how money politics influences voters' preferences, their level of compliance with candidates who provide incentives, and their loyalty to political parties or candidates.The research results show that money politics has a significant influence on voting behavior, where voters who receive incentives tend to choose candidates or parties that provide these incentives. However, this influence is often temporary and does not guarantee long-term loyalty. Voter loyalty to candidates who provide incentives is also influenced by economic motivations, and voter loyalty tends to weaken due to the practice of money politics, causing them to more easily change their support in the next election if there is a more profitable offer.To reduce the negative impact of money politics, this research recommends increasing political education, stricter law enforcement, and strengthening electoral institutions. A holistic approach involving the government, electoral institutions, civil society organizations and the wider community is needed to overcome this problem and strengthen democracy in Indonesia. This research provides in-depth insight into the phenomenon of money politics and offers recommendations for improving the quality of elections in Indonesia.Keywords:money politics, voting behavior, voter compliance, voter loyalty,

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