cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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
 60   61   62   63   64 
The Principle of Universality in Cross-Border Insolvency Disputes Halim, Arivan; Runtu, Elizabeth Irianti Mayangsari
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.v22i1.4746

Abstract

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.
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 Tampongangoy, Grace Henni
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.v21i2.4747

Abstract

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.
Economics Analysis of Legal Approach In the Progression of West Lampung Traditional Cultural Expression Jainah, Zainab Ompu; B, Erlina; Safitri, Melisa; Seftiniara, Intan Nurina; Rusli, Tami
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.v23i2.4748

Abstract

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
Protection And Legal Security System For Digital Signature Users As Consumers In The Indonesian Legal System Rusli, Tami; Jainah, Zainab Ompu; B, Erlina
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.v23i2.4751

Abstract

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
LEGAL TRANSPLANTATION OF PRINCIPLES OF NATIONAL TREATMENT IN RETAIL TRADING ACTIVITIES BY FOREIGN DIRECT INVESTMENT Paulira, Cassandra Stephanie
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.v22i1.4753

Abstract

This paper aims to elaborate the extend on how the National Treatment Principle transplanted on Indonesian legal framework as a result of Indonesia's membership in WTO particularly after going through the development of Covid-19 and the enactment of the Job Creation Law, in particular the aftermath of the government's policy to open retail trading business activity to foreign direct investment. This study uses doctrinal legal research form by examining literature materials or sources in the form of written positive legal norms. The Investment Law has accommodated the 5 (five) main principles after the ratification of the GATT; however, it is found that the implementation regulation violates the principles in the ministerial regulation level. Study on the contradiction of the legal transplantation effort is rarely made toward the National Treatment principle due to its broad definition. This study can be useful to foresee the risk of a policy in general and to improve the interest of foreign direct investment in particular as well as to fill the gap of rising concern technical understanding of the retail trading business activity for foreign direct investment. 
Efforts to Legalize Cannabis for Medicine, Reviewed from Legal Sociology Nasir, Muh.
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4757

Abstract

Indonesia as a country that adopted  the 1961 Single Convention on Narcotics and the Protocol that changed it, refers to Political principles. Which was ratified  by Law No. 35 of 20009 concerning narcotics. Narcotics abuse is prohibited and threatened with imprisonment as well as narcotics addicts who do not report to recover are also threatened with criminal punishment, but the coercive effort and punishment are in the form of rehabilitation. Modern medicine  is a method of treatment that is carried out based on scientific  research and based on knowledge from various aspects, medical  treatment uses several applied scientific disciplines in treating a disease, the way of examining and diagnosing diseases is more accurate. The problem in this study is how  can the potential legalization of cannabis for treatment be realized in Indonesia? How can  the legalization of marijuana for treatment be applied in Indonesia? The objectives of this research are. To find out and analyze whether the potential for legalization of cannabis for treatment can be realized in Indonesia. The research method used is  a normative  research method through a library research approach or a literature review method using  the analytical descriptive writing method. From the results of the data collected from the laboratory research.The results of the study show that. The legalization of marijuana for treatment can be realized in Indonesia in terms of existing laws, in Law No. 35 of 2009 Health Law No. 17 of 2023 article 139. Judging from the benefits,  the Narcotics  Law and the Health Law, and Islamic religious law are allowed, which through   mechanisms or exceptions under certain conditions are allowed, and also from sociology of society there are also marijuana used in daily life. In the application or implementation of the legalization of marijuana for treatment, there are several factors that hinder  the legalization of marijuana for treatment, the Convention
Management of ZISWAF UIN SU and POLMED Islamic Law Perspective Tambunan, Abd Aziz; Yamamah, Ansari; Harahap, Arifuddin Muda
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.v23i2.4761

Abstract

Zakat, Infaq, Sadaqah and Waqf (ZISWAF) is part of Islamic philanthropy which is currently starting to receive a lot of full attention, both from the government and other parties. Empowering various forms of philanthropy is part of efforts to help solve various problems in the community and at the same time improve the community's economy, especially after the Covid-19 outbreak. ZISWAF’s various potentials deserve to be empowered and maximized to support the economic revival that is being pursued by the government. One of the management institutions is UIN SU and POLMED. In order to increase efficiency and usefulness, zakat must be managed institutionally and professionally in accordance with Islamic law. Through an empirical normative study, this research seeks to reveal the implementation of empowerment and management of Islamic philanthropic potential which is in fact part of Islamic sharia, namely ZISWAF in educational institutions in the dimension of Islamic legal studies. The research results show that in its management, POLMED among universities that have carried out philanthropic operations has not fully coordinated with local related institutions such as BAZNAS. This should be a problem because potential forces can be gathered well but seem to stand alone without good coordination. Moreover, distribution is only limited to intra-campus communities such as students and workers on campus, so there are allegations that distribution relies on several subjective recommendations. In addition, the existing supervisors are not fully involved in efforts to increase the transparency and accountability of ZISWAF management on campus. This research recommends that ZISWAF management adjust its governance in accordance with sharia provisions.
Encouraging Compliance and Integrity: Building a Civil Servant Discipline System in terms of the Legal System Aspect Purwaningsih, Irma; Prasetyoningsih, Nanik
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.v22i1.4767

Abstract

Civil Servant (PNS) discipline is a fundamental pillar in creating a state apparatus with integrity and high performance. This article discusses the urgency of building an effective civil servant discipline system based on statutory Law to encourage compliance and integrity. This research uses normative juridical methods by examining statutory regulations related to civil servant discipline, such as the ASN Law and PP 94/2021. The research results show that the current civil servant discipline system still has several areas for improvement, such as a need for firmness in enforcing sanctions and inadequate coaching mechanisms. To build an effective civil servant discipline system, several strategic steps need to be taken, including Strengthening regulations related to civil servant discipline by evaluating and revising existing regulations, Increasing the effectiveness of enforcing disciplinary sanctions by prioritizing the principles of justice and proportionality, Strengthening the role of the Government's internal oversight apparatus in supervising and following up on civil servant disciplinary violations, building a culture of discipline and integrity within government agencies through ongoing education and training. Effective and consistent enforcement of civil servant discipline will encourage the creation of a state apparatus that is professional, has integrity, and has high performance so that it can ultimately support the achievement of national development goals.
PANCASILA IN ISLAMIC LAW STUDIES: CONSTRUCTION OF INDONESIAN SOCIAL JURISPRUDENCE Shofiyulloh, Shofiyulloh; Ansori, Ansori; Rufaida, Arini
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.v22i1.4772

Abstract

This study shows how the practice of Pancasila in Indonesian society can be used to carry out the pattern of developing fiqh in that country. Making an attempt to live up to the values found in Pancasila is the first thing that needs to be done. Forming maqa>s}id asy-syari>'ah in Pancasila is the next step. According to this study, the core principles of Islamic teachings align with the admirable ideals of Pancasila. The first rule is consistent with upholding religion. Next, upholding moral and ethical standards is mentioned in the second premise. In the meantime, the ideals of harmony and collaboration are mentioned in the third principle. The fourth principle talks about discussion and consideration. After that, the values of fairness and social balance are discussed in the fifth principle. This research employs an ushul fiqh approach to perform istinba>t h~ukm and analyze Pancasila in the study of Islamic law in order to understand the pattern of formation of Indonesian fiqh. The following conclusions are drawn from this investigation. Initially, the process of investigating Indonesian social jurisprudence involves examining and appreciating Pancasila. Secondly, the principles found in Pancasila align with the core principles of Islamic social teachings. Third, Pancasila characterizes social sector conformance with maqa>s}id asy-syari>'ah.
"Mama Tikus" A Case Study of Illegal Trade And Smuggling at The Napan Border Nusa Tenggara Timur-Indonesia and Oekusi Enclave-Timor Leste Nomleni, Anton Petrus Welland; Kameo, Daniel D.; Therik, Wilson
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.v23i1.4781

Abstract

This article aims to provide an overview of the dynamics of women in Napan Village, North Central Timor Regency, in engaging in illegal trade and smuggling activities through informal routes with traders from the Oekusi Enclave, RDTL, hence earning the nickname "Mama Tikus" (Rat Mama). The trade conducted through these informal routes involves various commodities, including non-subsidized manufactured goods and local agricultural and plantation products. In response to pressure from "Mama Tikus" and other members of the community, the local government has implemented a responsibility policy with mechanisms agreed upon by these traders, allowing them to conduct their transactions smoothly. Furthermore, the perspective of Caroline Lesser & Evdokia Moise-Leema  categorizes the illegal trade and smuggling of commodities in the Napan area into three categories: Category A: Informal/unregistered traders or firms operating entirely outside the formal economy, including individuals like "Mama Tikus," who engage in economic activities without formal registration as traders but conduct trade and transactions with parties from Oekusi-RDTL. Commodities traded include a thread for traditional weaving, tamarind, porang, and cowhide, as well as local agricultural and livestock products. Category B: Formal/registered firms fully evading trade-related regulations and duties, such as avoiding official border crossing posts. This category pertains to non-subsidized manufactured goods traded by merchants without going through customs or via informal routes. Examples include soap, toothpaste, instant noodles, cooking oil, electronics, flour, soft drinks, alcoholic beverages, cigarettes, and other commodities. 

Page 62 of 162 | Total Record : 1613

 60   61   62   63   64 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue