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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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RESTITUTIO IN INTEGRUM: BETWEEN STATE INTERESTS VS VICTIMS IN FRAUDULENT INVESTMENT CASES (Study of Binomo Fraudulent Investment Decision) Paulus J Karu; Febriansyah Febriansyah; Musriko Musriko
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.v22i3.4853

Abstract

The aim of investment is basically to gain profits in the future. However, along with the rapid development of information technology, it is increasingly having negative impacts, one of which is "fake investment", as carried out by a convict with the initials IK. What is interesting about this case is regarding the status of the convict's assets. The Tangerang District Court decided that IK's assets were confiscated by the state. The victims also felt disappointed. However, this changed at the appeal level, where the Banten High Court gave a decision that IK's assets be returned to the victim. Due to the mutual attraction between the interests of the State VS the interests of the victims, this article will discuss legal protection efforts for victims of fraudulent investments in Indonesia and the mechanisms for recovering losses both to the victims and to the national economy that arise as a result of the practice of "investment." bulging". This research uses a Legal Research Method with a statute approach and a case approach. The research results show that legal protection related to fraudulent investments still focuses on mitigation, not prevention. Apart from that, it is felt that law enforcement efforts are still less effective, especially regarding Restitutio in integrum or restoration of the original situation. 
Policy On Additional Criminal Regulation Of Chemical Castration As An Optimization Of The Protection Of Child Victims Of Sexual Crimes From The Perspective Of Pancasila Humanitarian Precepts Sri Wahyuningsih Yulianti
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.v22i1.4854

Abstract

The research was conducted to discuss government policies related to the additional criminal regulation of chemical castration in Indonesia and was also examined from the perspective of the Pancasila Humanitarian Precept by Soekarno. Research of this kind is known as normative legal research, and it holds that law is the universal and natural principle of truth and justice. Using literature review methods, this study tracks legal materials through a logical process of deduction based on a believed and self-proof normative premise. According to the study's findings, chemical castration is part of the government's strategy to combat sexual assault against children, as mandated by Law 17 of 2016. The use of chemical castration as a means of execution in Indonesia is still controversial, but it has been determined that this measure is necessary to both deter criminals and ensure victims receive justice. The conceptual underpinnings of chemical castration punishment in Indonesia can be found in the 2nd Precept of Pancasila, which contains a notion of humanity. With the passage of Law No. 17 of 2016, the government has taken steps to ensure that victims of sexual assault against children receive justice and protection under the law. Therefore.  To carry out chemical castration procedures in the future, standards and protocols will be required
Implementation Of Buy Back Guarantee By The Bank Against The Developer As A Guarantee For Completion Bad Credit Problems Radityo, Mochammad Erwin; Asmuni, Asmuni; 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.v23i2.4855

Abstract

Purchase Back Guarantee is an agreement made by the bank and developer to provide collateral for the mortgage to the developer. Article 8 Paragraph (1) of Law Number 7 of 1992 concerning Banking as Amended by Law Number 10 of 1998 (Banking Law) stipulates that bank credit distribution must be based on confidence in the debtor, which in the provisions explaining this confidence refers to the existence of credit guarantee. In addition, Article 11 of the Banking Law regulates the provisions for providing guarantees by Bank Indonesia. However, these articles do not further regulate the collateral that can be provided for bank credit. This shows that this regulation is still rigid and many problems arise due to the implementation and execution of the Buy Back Guarantee. The aim of this study is to examine and analyze the validity of the implementation of the Buy Back Guarantee and efforts to resolve disputes. This study uses normative legal research methods with a legislative and decision approach. The study results show that the implementation of the Buy Back Guarantee is valid if it is carried out in accordance with applicable regulations and the agreements made relating to the implementation of the Buy Back Guarantee are valid and made before a Notary. Dispute resolution can be done through litigation and non-litigation. Litigation can be taken through the courts, and non-litigation can be done through Alternative Dispute Resolution, namely arbitration, negotiation or mediation. 
Criminal Legal Policy On Insults Against The President And Vice President Post Constitutional Court Ruling Number 7/Puu-Xxi/2023 Dian Adriawan Dg Tawang; Rini Purwaningsih
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.v22i3.4859

Abstract

This research discusses criminal law policies related to insulting the President and Vice President in Indonesia after the Constitutional Court (MK) decision. Previously, Articles 134, 136 bis, and 137 of the Criminal Code regulated criminal acts of insulting the President and Vice President, but these articles were abolished through Constitutional Court Decision Number 7/PUU-XXI/2023 on the grounds that they conflicted with the freedom of expression guaranteed by the 1945 Constitution . This decision raises a dilemma between protecting the dignity of high-ranking state officials and freedom of expression. Along with the introduction of the new Criminal Code in January 2023 through Law Number 1 of 2023 following the decision, there are legislative efforts to introduce new insult articles that are more in line with human rights principles. This research highlights the legal and social implications of these policy changes, including their potential impact on press freedom and political dynamics. Analysis of the Constitutional Court's decision according to the new Criminal Code shows the need to balance between protecting the presidential institution and maintaining the space for freedom of expression in Indonesia.
Reconstruction of The Restitution Concept In Handling Corruption Cases Stenly Christian Tania; Sulbadana Sulbadana; Syachdin Syachdin
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.v22i3.4875

Abstract

This research focuses on the reconstruction of the concept of restitution in handling corruption cases. restitution sanction is one of the sanctions that only exists in corruption crimes. this sanction has special characteristics in accordance with the spirit of eradicating corruption crimes, namely restoring state losses. the issues raised in this research are about the portrait of the construction of additional criminal sanctions for restitution payments in the Anti- Corruption law and the analysis of the reformulation of criminal sanctions for restitution payments in the Anti-Corruption law as criminal law reform. this research uses the normative legal research method of jurisprudence, with a qualitative approach to concepts, statutes and doctrines. The conclusion of the research is that the imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realize recovery efforts or recovery of state finances caused by criminal acts of corruption, The payment of restitution is imposed on the perpetrator of the crime of corruption in the amount of property obtained from the crime of corruption and the amount of property that has been transferred by the perpetrator to another party where the other party is not prosecuted and does not commit an illegal act of criminal law must still be sanctioned by restitution and the sanctioning of the perpetrator of the crime of corruption must use the classification of the perpetrator in the category of the position being held. In addition, the indictment against the crime of corruption must be accompanied by the formulation of a request for restitution sanctions against the perpetrators of corruption.
The Future of Bankruptcy Law: Problems and Orientation of Bankruptcy Regulation from A Responsive Law Perspective Lira, M Adnan
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.v23i1.4880

Abstract

The Indonesian Bankruptcy Law needs revision to address existing weaknesses, such as imbalances in legal protection and inability to accommodate digital economic developments, in order to become more responsive and adaptive to new challenges in the business world and global economy. This research aims to analyze the problems in applying the current Bankruptcy Law from a responsive law perspective and formulate future bankruptcy regulation orientations in accordance with responsive law principles. The study uses normative legal research methods with a conceptual approach, examining primary, secondary, and tertiary legal materials through literature review. Data analysis is conducted qualitatively with a descriptive-analytical approach, using deductive and inductive reasoning. Research results show that the current Bankruptcy Law application has several problems from a responsive law perspective, including imbalances in legal protection, lack of flexibility in debt restructuring, inability to accommodate technological and digital economic developments, and limitations in handling cross-border bankruptcies. To address these issues, future bankruptcy regulation orientations should include aspects such as creating balanced legal protection, emphasizing business rescue efforts, accommodating technological developments, handling cross-border bankruptcy complexities, providing better protection for workers and SMEs, and strengthening the role and capacity of relevant institutions, with the aim of creating a more fair, efficient, and responsive bankruptcy legal system to societal needs and new challenges in the business world.
Juridical Analysis of Cyber Crime Offenses in Hacking Hospital Management Information Systems (SIMRS) Sidi, Redyanto
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.v23i1.4882

Abstract

In the current digital era, the increasing reliance on information technology in the healthcare sector, especially through the use of Hospital Management Information Systems (SIMRS) as an effort for administrative orderliness and also to avoid medical disputes in health services, brings significant risks related to cybercrime. SIMRS, which integrates the management of sensitive health data such as medical records and financial information, has become a primary target for cybercriminals. Cybercrime, particularly hacking, is a real threat that not only disrupts hospital operations but also damages public trust in the healthcare system and threatens the loss or misuse of data. This study aims to identify the legal vulnerabilities in SIMRS in Indonesia, analyze the legal implications of cybercrime hacking, and evaluate the effectiveness of existing regulations against hacking as an evaluation and protection for the present and the future. The research method used is doctrinal, focusing on the normative analysis of relevant regulations and legal documents, including the Indonesian Law No. 11 of 2008 as amended by Indonesian Law No. 19 of 2016 on Information and Electronic Transactions, and the Minister of Health Regulation of the Republic of Indonesia No. 82 of 2013 on Hospital Management Information Systems. This approach involves data collection through literature studies and analysis of existing regulations to identify gaps and the need for legal reforms. The results of the research show that although the ITE Law provides a strong legal foundation, there is still a need for revision and adaptation to accommodate technological developments and the ever-changing hacking practices. Based on these findings, the recommendations proposed include revising the ITE Law to include more specific aspects of health data security, adopting international cybersecurity standards, enhancing human resource capacity, and fostering closer cooperation between sectors in developing cybersecurity solutions. The implementation of these recommendations is expected to strengthen data security in SIMRS and improve the resilience of the health sector against cyber threats. Thus, the integrity and privacy of patient data can be maintained, ensuring smooth hospital operations.
Responsibility of BUMN through Goods Loading and Unloading Agreements to the Risk of Damage marif, marif; Nurhaedah, Nurhaedah
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.v23i1.4884

Abstract

This research aims to find out and analyse the legal responsibility of state-owned companies for damage to goods in loading and unloading agreements and factors that cause damage to goods in the implementation of loading and unloading agreements in state-owned companies. This research uses empirical research methods or field research, namely research whose sources come from data in the field. The location of the research was carried out at one of the BUMNs, namely PT Pelindo Terminal Petikemas New Makassar. Types and sources of legal research data include primary and secondary data. Data collection techniques with interviews, observation and literature study. The results of this study indicate that PT Pelindo Terminal Petikemas New Makassar is responsible for damage or loss of goods that occur during the process of implementing loading and unloading activities (stevedoring, cargodoring, and receiving/delivery). And is not responsible for losses arising outside the implementation of loading and unloading activities carried out. Regarding the factors of damage to goods at PT Pelabuhan Indonesia IV (Persero) Regional 4 Makassar include: Weather factors, equipment factors, human error factors, carrier delay factors, and goods condition factors.The recommendation of this research is that PT Pelindo Terminal Petikemas New Makassar should make a written transportation agreement to avoid the blurring of the agreement if in the future there is a dispute regarding the agreement, and PT Pelindo Terminal Petikemas New Makassar Makassar should pay more attention to what causes damage to the goods by more actively conducting internal meetings and adding loading and unloading equipment as well as intensive coaching and training of its workforce so as to reduce damage to goods so that the company does not suffer losses.
Legal Consequences of the Transfer of Liability Clause in Foreign Exchange Trading Transactions Lubis, Eliya Nova; Perdana, Surya; Wajdi, Farid
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.v23i3.4887

Abstract

This paper aims to see the legal consequences of the clause of transfer of responsibility in foreign exchange transactions. Doing a foreign exchange trading business is not an easy matter, it requires special expertise in reading world market conditions. Every actor must have the ability to read foreign exchange charts, accurately and precisely. Understanding world market sentiment can make the right decision to buy and exchange foreign currency. Legal issues arise, in essence, to be able to transact in the field of foreign exchange in this case forex margin trading, customers must go through a futures brokerage company. The company is engaged in the field of forex market commodities. There is a transfer of responsibility to consumers made at the beginning of the agreement by the brokerage company which ends up having to bear all losses in the future. The writing method used in this paper is descriptive, collecting data from literature studies. Based on the results of the analysis, consumers who experience losses are less protected by the regulations that govern them. The concept of this transfer of responsibility is contrary to the principles of freedom of contract, legal protection and justice for investors in foreign exchange trading transactions.
Legal Review of the Validity of Private Agreements Regarding Secured Movable Property in Fiduciary Agreements Maryani, Halimatul; Halim, Abdul
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.v23i1.4900

Abstract

With the development of transportation and existing technology, many payment methods for various needs have emerged. One rapidly growing need is for transportation facilities, which often have costs that are not easily accessible to many people. Non-bank financial institutions have emerged as an effort to facilitate consumers in meeting their increasingly diverse needs. These institutions, which assist with all types of consumer transactions, are rapidly developing and are particularly popular among consumer financing institutions. Based on the legal research conducted, it can be explained that the rights and obligations of consumers are to make installment payments according to the payment schedule, while the rights and obligations of the consumer financing institution are to pay the payment amount to the supplier and repossess the motorcycle used as collateral in consumer financing in the event of default. In the case of default, compensation, contract cancellation, or risk related to force majeure must be provided.

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