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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.
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Articles 1,631 Documents
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THE URGENCY OF LEGISLATION TO CHANGE THE CONSUMER AND BUSINESS PROTECTION LAW NUMBER 8 OF 1999 FROM THE PERSPECTIVE OF QUR'AN AND HADITH VALUES kurnianti, Lusia nia; 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.v23i2.4793

Abstract

ABSTRACTThe role of business actors in the process of marketing goods and services is a very sensitive topic to discuss. Talking about international, national and local markets, this is a multi-complex problem. One of them is legal protection for consumers of goods and services. The issue of consumer protection was regulated in 1999, but following the development of the flow of free trade, of course this must continue to be progressive in order to carry out observations to make adjustments to consumer problems which in fact concern human benefit and safety, of course. The legal protection policy for consumers and business actors is a struggle that is still far from expectations, a struggle since 2008, has not yet produced results to date. The fact that no changes have been made to this law is proof and fact of the reluctance of the legislative bodies and the participation of the government executive who should be pushing to the maximum extent to make efforts to change these regulations as an urgent matter. The struggles of consumer observers and business actors, both from consumer observer institutions and academics, do not have enough power to voice the aspirations of the people as consumers. Various perspectives from the perspective of positive law have been studied so far, and the author on this occasion would like to re-touch the Islamic conscience of Muslims who will of course be moved to look again at the values of the Al-Quran and Hadith
Social Media, Fake News, Information Manipulation and Democracy and The Challenges of Finding Legal Truth in The Post-Truth Era Sihombing, Lasmin Alfies; Darmawan, Iwan; Prayuti, Yuyut
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.v23i2.4797

Abstract

The post-truth era creates uncertainty in the search for absolute truth, where objective facts are less influential in shaping public opinion than emotions and personal beliefs. This phenomenon has a negative impact on the democratic process, public perception of democratic institutions, and legal justice. The challenge of distinguishing facts from fabricated opinions affects law enforcement and the integrity of the democratic process. The research method used in this article is normative legal research that examines law as norms or rules that apply in society, focusing on document analysis and the use of legal sources. This research aims to find legal norms that are relevant in answering certain legal challenges or problems, as well as to produce arguments and theories as guidelines in resolving legal cases using secondary data (library research or document studies). In the post-truth era, law remains an important foundation in maintaining justice and order. Although challenges to political correctness can shake public confidence, the roots of law remain strong. The post-truth phenomenon is an irrational phenomenon, while legal truth (ontologically, epistemologically, and axiologically) is related to rational things, so it is quite difficult to debate and bring these two things together. Therefore, it is important to position the two different things in a position where we can find the most basic thing, both philosophically and legally.
Application of the Principle of Equality Before the Law in the Practice of Investigating Criminal Cases by General Criminal Investigation Investigators at the Memberamo Raya Resort Police Yohanis Sudiman Bakti; Peter Paulus Ell
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4802

Abstract

Equality before the law is positioned by the UN as the first indicator or main characteristic of a democratic rule of law, in the sense that there must be no arbitrariness, so that someone can only be punished if they violate the law, have equal standing before the law, and are good for the people. ordinary and for officials. However, in practice, what was hoped for has not been fully realized. Moreover, this is related to the application of the principle of equality before the law. The problem in this research is that the process of examining criminal cases by investigators from the Memberamo Raya Police Criminal Investigation Unit certainly cannot be carried out according to plan. It should be, because of various factors and reasons behind it, both in terms of the law enforcement system as a whole, structurally, as well as morally or mentally. The type of research used is Normative Juridical research methods and Empirical Juridical research methods. The research results obtained are that the application of the principle of equality before the law has not been implemented properly by the Memberamo Raya Resort Police Criminal Investigation Investigators, in the practice of examining general criminal cases. In the practice of examining general criminal cases, there are three investigators from the Memberamo Raya Police Criminal Investigation Unit. The main factors that hinder the application of the principle of equality before the law are first, limited human resources for investigators, both in terms of quality and quantity; second, the minimal budget for investigative operational costs; and third, demands for resolution of criminal cases based on the customs of local customary law communities
LAND LAW ENFORCEMENT IN VILLAGES BASED ON MEDIATION: EFFORTS TO ACHIEVE SUBSTANTIVE JUSTICE IN THE COMMUNITY Darmanik, Pandapotan; Hulu, Fonaha; Damanik, Yuni Tresia Sastika
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.v23i1.4805

Abstract

Land law enforcement at the village level in Indonesia faces complex challenges, including the dualism of legal systems and limited public access to land information. The mediation approach in resolving land disputes in villages offers solutions that align with local values and are supported by various laws and regulations, but its implementation still faces challenges that require a comprehensive and contextual approach. The aim of this research is to analyze the implementation of mediation-based land law enforcement at the village level in an effort to achieve substantive justice for the community, as well as to identify factors that influence the effectiveness of mediation in resolving land disputes in villages. This research uses a normative legal research method with a statutory and conceptual approach, focusing on the study of legal norms, legal principles, and legal concepts related to mediation-based land law enforcement at the village level. Data collection techniques are carried out through literature study, while data analysis uses qualitative analysis methods with deductive reasoning, involving data organization, categorization, interpretation, and drawing conclusions. The research results show that the implementation of mediation-based land law enforcement at the village level to achieve substantive justice is a complex approach involving several main stages, from dispute identification to agreement monitoring. This approach combines formal legal principles with local wisdom, paying attention to key aspects such as respect for local values, equality, and transparency. Its effectiveness is influenced by various interrelated factors, including the legal framework, mediator capacity, participation of disputing parties, understanding of local context, resource support, inter-agency coordination, and political support. Despite facing challenges, proper implementation has the potential to effectively resolve land disputes and contribute to strengthening village governance and sustainable rural development.
THE WAKAF BENEFITS OF SHARIA SHARES AS PRODUCTIVE WAQF MODERNIZATION: COMPARATIVE STUDY OF INDONESIA AND MALAYSIA Choiriyah, Ana Laela Fatikhatul; Imaduddin, Muhammad; Setyawan, Fendi; Prakoso, Bhim
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.v23i2.4807

Abstract

Waqf, as an important form of financial worship, has significant economic potential and has evolved from traditional forms such as land and buildings to innovations like cash waqf, which is more flexible for developing productive enterprises. Although the potential for cash waqf in Indonesia is very high, reaching Rp180 trillion per year according to the Indonesian Waqf Board, its management is not yet optimal. The aim of this research is to analyze and compare the development of Sharia stock benefit waqf as a form of productive waqf modernization in Indonesia and Malaysia, and to identify its development potential to increase the effectiveness and benefits of waqf in the context of modern Islamic economics. This research uses normative legal research methods with statutory and conceptual approaches, focusing on analyzing regulations and legal concepts related to Sharia stock benefit waqf in Indonesia and Malaysia. Legal sources include primary, secondary, and tertiary materials, with data collection techniques through literature study and data analysis using a comparative qualitative approach. The research results show that stock waqf has been implemented in Indonesia and Malaysia in accordance with applicable regulations, with differences in the institutional structure of its management. In Indonesia, stock waqf is regulated by the Ministry of Religion, the Indonesian Waqf Board, and the National Sharia Council, while in Malaysia it is managed by the State Islamic Religious Council in each state. Indonesia focuses on Sharia stock waqf or its profits, while Malaysia raises funds through share offerings to finance specific programs. Nevertheless, the potential for stock-based waqf in both countries has not been optimally maximized. Factors influencing development in Indonesia include stock waqf literacy, nazir capacity, and inefficient digitalization, while in Malaysia it is constrained by regulatory inconsistencies between states, lack of a transparent and accountable regulatory framework, and limited regulations on mechanisms for collecting and distributing cash waqf including shares.
Pancasila as The Basis Of Constitutional Law: Shaping Legal Principles and Jurisprudence Harianti, Isnin; Amri, Ahmad Ihsan; Muthar, Achmad; Rato, Dominikus; Basarah, Ahmad
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.v23i2.4814

Abstract

This research aims to explore the role of Pancasila as the legal basis of the constitution and its influence in shaping legal principles and jurisprudence in Indonesia. Using the document analysis method, this research examines legal documents, including the constitution, laws, and court decisions, to understand how Pancasila values are integrated into national law. John Locke's theory of natural rights and social contract is applied as a theoretical framework to dissect and assess the role of Pancasila in the context of constitutional law. The research finds that Pancasila, with its universal principles, serves as a strong foundation for building a democratic and just legal system, which is in line with Locke's views on limited government and the protection of individual rights.
Case Study on Legal Arrangements for Sharia Peer-to-Peer Lending Financing Cornelis, Vieta Imelda; Bachtiar; Siti Marwiyah; Fathul Hamdani; Andik Mannulusi
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.v23i3.4817

Abstract

The fintech business of peer-to-peer lending has experienced a period of considerable growth in recent years. However, it is still the subject of debate and controversy from the perspective of Sharia law. This article aims to analyze Sharia law on fintech peer-to-peer lending businesses, with a particular focus on usury and gharar banking. The methodology employed in this study is descriptive and analytical in nature. This entailed the collection of data from a range of sources, including literature, legal documents, and expert opinions. The findings indicate that the peer-to-peer lending fintech business can be classified as usury and gharar due to the implementation of several practices by the platform, including high interest rates and a lack of transparency regarding the associated risks. From the perspective of Sharia law, usury and gharar are prohibited, as they contravene the principles of justice and balance. Consequently, fintech peer-to-peer lending businesses must adhere to the tenets of Shariah law, such as abstaining from exorbitant interest rates and ensuring transparency regarding risks. In conclusion, fintech peer-to-peer lending businesses must be meticulously analyzed from the perspective of Shariah law to ensure their halalness in Islam. It is also imperative for the government and regulators to prioritize Shariah law aspects in regulating fintech peer-to-peer lending businesses
Juridical Review of the Role of Notary in the Preparation of Land Sale and Purchase Deed in Indonesia Baan, Bram B; Khair, Otti Ilham; Sulis Setyowati; Judijanto, Loso; Lumban Gaol, Selamat
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.v23i3.4818

Abstract

The transfer of land rights to purchase and sell land must be conducted under the supervision of an authorized official, commonly known as a Land Deed Official (PPAT) in this context. The authority to execute a legally binding land deed is vested in a Notary. Nevertheless, in this instance, notaries are prohibited from drafting deeds pertaining to land unless they have successfully completed the requisite examination to become a Land Deed Official (PPAT). Furthermore, deeds may be made by the subdistrict head, who acts as a temporary PPAT. The methodology employed by the author is normative legal research (doctrinal legal research). Normative legal research is a form of pure normative legal research, in which the problem under study is a legal scientific one, such as those pertaining to justice, order, and the agreement of will, among others. This research does not concern itself with the legal facts that exist in society. The findings of this research indicate that the role of a notary in the process of making a land sale and purchase deed is limited to the pre-sale of land or the making of an agreement between the seller and the buyer. It can be concluded that only a PPAT (land deed official) is authorized to prepare and execute a land sale and purchase deed.
ENFORCEMENT OF STATUTORY LAWS NO. 8 OF 1999 TO MAKE IT REAL FAIR CONSUMER PROTECTION Nurrohim, Muhammad
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.v23i2.4827

Abstract

Kemajuan jaman yang diiringi dengan semakin canggihnya teknologi, membuka peluang baru dalam sektor ekonomi pembangunan secara nasional. Peluang baru, yaitu peluang  usaha in diharapkan dapat mendorong sektor ekonomi makro menjadi semakin maju sehingga mampu meningkatkan taraf kesejahteraan masyarakat Indonesia, dengan adanya peningkatan peluang usaha di dunia modern inimaka barang dan jasa sebagai komoditi utama tentu akan semakin berkembang pula. Namun demikian, barang dan jasa sebagai hal unsur dalam transaksi ekonomi tersebut membuka peluang kepada munculnya kemungkinan kerugian yang dialami oleh konsumen sebagai bagian dari kecurangan, kelalaian, ataupun kesengajaan pihak pelaku usaha. Kondisi ini memunculkan pemahaman pada perlunya perlindungan terhadap konsumen sebagai pihak yang sering kali dirugikan oleh ulah pelaku usaha yang ‘nakal’ tersebut. Pada kenyataannya telah terbentuk suatu lembaga yang bertujuan untuk membawa konsumen dalam mempertahankan haknya sebagai konsumen yaitu Yayasan Lembaga Konsumen Indonesia, akan tetapi para konsumen tetap masih enggan menempuh melalui lembaga peradilan bagi dirinya sehingga lebih bersifat pasrah terhadap apa yang dialaminya.
THE URGENCY OF DIVINE PRINCIPLES IN THE IMPLENTATION OF ARBITRATION AWARD EXECUTION IN INDONESIA huzaimah al anshori; Sapto Hadi Pamungkas; Aklis Mukhidin; M. Syamsudin
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.v22i1.4844

Abstract

Divine Principles Application in Resolving Business Disputes at the Indonesian National Arbitration Board (BANI) Surabaya. It is important to note that some parties involved in arbitration disputes do not comply with arbitration decisions in Indonesia. Consequently, they resort to measures such as filing annulment requests in the District Court and escalating the matter to the Commercial Court. This situation highlights the urgent need for applying divine principles in executing arbitration awards in Indonesia. The question arises: how do divine principles function in executing national arbitration awards in Indonesia. The author undertakes empirical research utilizing socio-legal approaches, case study approaches, conceptual approaches, and philosophical approaches. To provide solutions for the execution of arbitration awards in Indonesia, various theories are employed, including Grundnorm theory, the theory of legal consciousness and compliance, natural law theory, and the theory of pacta sunt servanda. The principle of divinity, as reflected in the preamble of decisions stating "For Justice Based on the Almighty God," necessitates a sincere intention from the disputing parties to comply with and adhere to the arbitration decision. Furthermore, the parties are encouraged to seek common ground for the greater good (maslahah), aligning with Imam Shatibi's theory of maslahah, which posits that where there is benefit, there is divine law. Implementing National Arbitration award execution can be voluntarily carried out by applying the Divine Principle, as demonstrated by the cases involving PT. Nugraha Adi Taruna as the contractor with the Kediri City Government/Public Works Agency/Head of Procurement Services, and the contractor PT. Murni Construction with the Kediri City Government/Public Works Agency/Head of Procurement Services. The effective application of the Divine Principle in the preamble of decisions rendered by the arbitral tribunal and the execution of arbitration awards requires the intent of the parties, advice from their legal counsel, and direction from the head of the District Court. Theoretically, the operation of the Divine Principle is facilitated through pacta sunt servanda, the theory of legal consciousness and compliance, natural law theory, and Grundnorm theory. Keywords: Urgency of Divine Principles, Execution, Arbitration Awards 

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