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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 1,613 Documents
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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. 002 (2024): Pena Justisia (Special Issue)
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. 002 (2024): Pena Justisia (Special Issue)
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 anshori, huzaimah al; Pamungkas, Sapto Hadi; Mukhidin, Aklis; Syamsudin, M.
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 
RESTITUTIO IN INTEGRUM: BETWEEN STATE INTERESTS VS VICTIMS IN FRAUDULENT INVESTMENT CASES (Study of Binomo Fraudulent Investment Decision) Karu, Paulus J; 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 Yulianti, Sri Wahyuningsih
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 Tawang, Dian Adriawan Dg; Purwaningsih, Rini
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 Tania, Stenly Christian; 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.

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