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
1,631 Documents
<![CDATA[Investigating Online Fraud with the BRI Mobile Mode : Modus Operandi and the Gaps in Law Enforcement ]]>
<![CDATA[Febriansyah Febriansyah]]>;
<![CDATA[Musriko Musriko]]>
<![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.v22i2.4730
<![CDATA[Cyber universe was made uproar by the actions of fraudsters posing as bank employees. Fake advertisements are a 'cover' for fraudsters in their efforts to 'drain' victims' money. In 2023, the South Jakarta District Court sentenced 9 perpetrators. this article, we will examine in depth the modus operandi used by the perpetrators, related to legal regulations. a critical assessment will be carried out regarding law enforcement carried out by the Public Prosecutor and the Panel of Judges. The author uses a legal research with statutory and regulatory policies and case approach to answer the problem. The results of the research show that the perpetrators used various modes, where each of these is an independent criminal act. It was found that there were gaps in the legal enforcement of this case, especially by the prosecutor, which included a lack of understanding regarding the ITE Law and other related regulations, as well as inconsistencies in the application of the concurus realis doctrin and sustainable actions, and there were indications of lack of seriousness in handling it, where Article 36 of the ITE Law which is the severity of punishment, is not applied in the indictment]]>
<![CDATA[Disparity in the Application of Legal Rules to Gambling Crimes Through Electronic Media ]]>
<![CDATA[Musriko Musriko]]>;
<![CDATA[Febriansyah Febriansyah]]>
<![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.v22i2.4731
<![CDATA[Gambling is a betting game in which a value that is considered valuable is wagered in advance. Gambling is a criminal offense, of the many online gambling cases that have been decided by the court, including Decision Number 111/Pid.Sus/2021/Pn Unr, and Decision Number 139/Pid.Sus/2021/Pn Skb. Both decisions are decisions related to gambling crimes committed through electronic means, but from the two decisions, there are fundamental differences, especially related to the application of the reason is, where in the first decision the Judge used Article 303 of the Criminal Code, but in other decisions, the judge used the ITE law. Based on that, this study will examine why there is a disparity between the two decisions above. This study uses a normative juridical method with a legislative approach and a case approach. The results of the study show that even though the actions of the two defendants were both carried out with electronic media facilities (smartphones) belonging to each defendant, the judge in making a verdict, tended to follow the demands of the Public Prosecutor. Disparity in the application of law in practice can result in disruption of the value of legal certainty and justice.]]>
<![CDATA[Development of Regulatory Concepts in Legal Aspects for Corporations: Legal Reform and Justice ]]>
<![CDATA[Utomo, Setyo]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.4736
<![CDATA[This study discusses the formulation of regional policies in the field of conservation-based spatial planning to strengthen tourism districts. The purpose of this study is to identify and analyze the factors that influence spatial planning policies in areas that have agricultural and tourism contours. This research uses a descriptive-analytical method with a qualitative approach. The results of this study indicate that there are several factors that influence conservation and tourism-based spatial planning policies in the regions, including national policies, regional policies, community needs, and regional tourism potential. Based on the results of this analysis, the researcher recommends that tourism-based spatial planning policies in the regions should be prepared by considering these factors and involving various related parties, such as the government, community, and tourism actors. In order to implement effective conservation and tourism-based spatial planning policies, the researcher also recommends forming a team or working group specifically tasked with compiling, supervising, and evaluating these policies. In addition, the researchers also suggested campaigns and outreach to the public to increase awareness and participation in maintaining and developing regional tourism.]]>
<![CDATA[Implementation of Oil Spill Management through Regional Regulations in Sustainable Coastal Environment Management in Bintan ]]>
<![CDATA[Hamzah, A Hadian Pratama]]>;
<![CDATA[Suryani, Cicik]]>;
<![CDATA[Nurhasanah, Nurhasanah]]>;
<![CDATA[Harijati, Sri]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i1.4737
<![CDATA[Indonesia is called a maritime country with potential in marine resources, for example capture fisheries and oil and gas deposits at the bottom of the ocean. Apart from its natural resources, Indonesia has sovereignty over territorial seas which include; inland waters, archipelago waters, and territorial seas. This paper focuses on analyzing how regional regulations are implemented in managing oil spills in the coastal environment of Bintan Regency, Riau Islands. This research uses a type of juridical-normative research, also known as doctrinal, with the object or target of the research being statutory regulations and other legal materials. The results obtained show that regional regulations are not yet optimal in managing oil spill issues. In this article there are also good recommendations for stakeholders from both regional and central levels.]]>
<![CDATA[Legal Consequences and Legal Protection of Notarial Deeds Made Based on False Circular Document ]]>
<![CDATA[Jihan Fernanda]]>;
<![CDATA[Istislam Istislam]]>;
<![CDATA[R. Imam Rahmat Sjafi’i]]>
<![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.v22i2.4739
<![CDATA[Actual or potential, within the limits of reasonable expectation, a Notary may make an authentic deed, but it turns out that the circular document used as the basis for making the authentic deed turns out to be fake. Therefore, this research aims to analyze the consequences and legal protection of Notarial deeds made based on fake circular documents. This research is a normative research that uses statute and conceptual approach. The conclusion of this research is the legal consequences of a Notarial deed made based on a fake circular document, then the party who feels aggrieved by the validity of the deed can apply for the cancellation of the deed to the Court and the Notary is not liability and accountability for the deed he made. Such legal consequences can also be seen as legal protection for Notaries who make deeds but the deeds are based on fake circular documents presented by the parties, so that Notaries are exempted from liability and accountability as long as Notaries have carried out their profession in accordance with applicable protocols and codes ethics]]>
<![CDATA[The Role of Mediation and Arbitration in Civil Dispute Resolution ]]>
<![CDATA[Suratno, Ujang]]>;
<![CDATA[Utama, Andrew Shady]]>;
<![CDATA[Dewi, Sandra]]>;
<![CDATA[HM, Makkah]]>;
<![CDATA[Wantu, Hasyim Mahmud]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.4745
<![CDATA[Civil dispute resolution is an important aspect of the legal system, aiming to achieve a fair and efficient solution for the parties involved. Mediation and arbitration, as alternatives to out-of-court dispute resolution (ADR), have gained significant popularity in recent years. This systematic literature review aims to examine the role of mediation and arbitration in civil dispute resolution. This study uses a systematic search methodology to identify and analyze relevant studies in various scientific databases. The results of this study conclude that mediation and arbitration are valuable tools for resolving civil disputes. By raising awareness and addressing existing challenges, mediation and arbitration can play a greater role in achieving fair and efficient settlement of civil disputes. Both methods not only reduce the burden on the court, but also increase the participation and satisfaction of the parties to the dispute. Mediation and arbitration provide procedural flexibility that allows for adjustments to the specific context of the dispute, ultimately resulting in better acceptance of the decision. However, the successful implementation of mediation and arbitration is highly dependent on a supportive legal framework and policies that promote its use. Overall, mediation and arbitration are vital components in the modern civil dispute resolution system, with great potential to improve the efficiency and effectiveness of the justice system.]]>
<![CDATA[The Principle of Universality in Cross-Border Insolvency Disputes ]]>
<![CDATA[Arivan Halim]]>;
<![CDATA[Elizabeth Irianti Mayangsari Runtu]]>
<![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.v22i1.4746
<![CDATA[Cross-border bankruptcy cases often involve legal processes in various jurisdictions, such as those between FM and its creditors in Indonesia and Saudi Arabia, and between Bankrupt Debtors and Curators in Singapore. This underscores the need for harmonization of cross-border bankruptcy laws. The principle of universality in cross-border bankruptcy disputes becomes crucial to address this issue. This research aims to analyze the philosophical foundation of the universality principle in cross-border bankruptcy disputes and how this principle is applied in various international legal instruments and applicable laws and regulations in Indonesia. The research method used is a normative juridical approach, examining various international legal instruments such as the UNCITRAL Model Law and European Council Regulation No. 1346/2000, as well as relevant national legislation. Data were collected through literature review and analysis of legal documents. The universality principle allows for recognition and cooperation among countries in resolving cross-border bankruptcy disputes, thus enabling the efficient and fair administration of debtor's bankruptcy assets worldwide. The application of this principle provides benefits such as debt settlement certainty, more secure asset organization, lower administration costs, better dispute resolution predictions, and fairer debt settlement distribution. However, there are also criticisms regarding foreign laws governing domestic relationships and uncertainty in determining the debtor's home country. Concrete cases in Indonesia and Singapore demonstrate how the universality principle is applied in practice, with Singapore adopting the UNCITRAL Model Law on Cross-Border Insolvency and the Philippines preparing the Corporate Recovery Act to accommodate international business developments.]]>
<![CDATA[Legal Review of Business Competition in Preventing Predatory Pricing Practices Using Buy One Get One Free and Discount Voucher Methods in the Modern Retail Market ]]>
<![CDATA[Grace Henni Tampongangoy]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i2.4747
<![CDATA[This study aims to provide an overview of the role of law enforcement and government in business competition to prevent predatory pricing practices using the Buy One Get One Free (BOGO) method and cheap redemption under Law Number 5 of 1999 concerning the prohibition of monopolistic practices and unfair business competition in modern retail markets. This research employs empirical legal methods focusing on the modern retail market, specifically on minimarket operators such as Alfamart, Indomart, and Alfamidi. The findings indicate that the competition authority (government) plays a significant role in preventing predatory pricing practices through: 1) market supervision, including monitoring market and business activities to detect signs of predatory pricing; 2) conducting thorough investigations into allegations of predatory pricing; 3) enforcing laws with decisive actions against businesses found guilty of predatory pricing; and 4) raising public and business awareness about the risks associated with predatory pricing practices. The research concludes that predatory pricing practices using the BOGO method can distort business competition and harm consumers, highlighting the crucial role of competition law in prevention.]]>
<![CDATA[Economics Analysis of Legal Approach In the Progression of West Lampung Traditional Cultural Expression ]]>
<![CDATA[Jainah, Zainab Ompu]]>;
<![CDATA[B, Erlina]]>;
<![CDATA[Safitri, Melisa]]>;
<![CDATA[Seftiniara, Intan Nurina]]>;
<![CDATA[Rusli, Tami]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.4748
<![CDATA[The value of West Lampung's traditional cultural expressions has not been maximized for the local inhabitants. This article will explain how to implement the local government-requested preservation of West Lampung traditional expressions and their use in accordance with the Economic Analysis of Law framework. The results of the discussion indicate that the Protection and Utilization of Traditional Cultural Expressions has only reached the inventory stage, based on Law No. 28 of 2014 regarding Copyright, Law No. 5 of 2017 regarding Promotion of Culture, Law No. 11 of 2010 regarding Cultural Conservation and Regulations Government No. 6 of 2015 regarding Museums, and Regulation of the Minister of Culture No. 106 regarding Intangible Cultural Heritage of Indonesia. The Economic Analysis of Law demonstrates that West Lampung's traditional cultural expressions must be optimized in order to boost the region's income. This can be maximized through the collaboration of the local government with academics in the arts, artists, Youtubers, artists, and other parties who are already aware of what the global community desires as connoisseurs, so that professional processing can affect the welfare of the people of West Lampung]]>
<![CDATA[Protection And Legal Security System For Digital Signature Users As Consumers In The Indonesian Legal System ]]>
<![CDATA[Rusli, Tami]]>;
<![CDATA[Jainah, Zainab Ompu]]>;
<![CDATA[B, Erlina]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.4751
<![CDATA[This research aims to find legal protection against digital signature users as consumers associated with the principle of justice. This research uses a normative juridical approach by focusing on secondary data. The research specification used is descriptive-analytical. The research stages were carried out through library research and field research as support. Data collection techniques were carried out through document studies and interviews. While data analysis is carried out in a qualitative, juridical manner. The results showed that since the enactment of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), the legal force and legal certainty of electronic information, electronic documents, and electronic signatures as valid evidence in electronic transactions such as e-commerce and e-business have the same legal force and legal certainty as the original. As a suggestion, in an effort to increase the effectiveness of the enactment of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE), it is necessary to immediately issue a Government Regulation (PP) as an implementing regulation so as not to cause confusion for the community and, of course, the government itself in its law enforcement]]>
