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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 1,613 Documents
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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. 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.v23i3.4887

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.
Implementation of Contractual Agreement Used in Evaluation Study: International Class Program D matra, sarlita; Ulya, Inayatul; Meliza, Meliza; Nuna, Bhanu Prakash
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.v23i2.4901

Abstract

This article examines the practical implementation of a contractual agreement within the context of an evaluation study focusing on the International Class Program (ICP). The ICP aims to enhance global learning experiences for students through structured international partnerships. The study explores the effectiveness and challenges of the contractual framework in facilitating program evaluation. Drawing on qualitative and quantitative data from stakeholders involved in the ICP, including administrators, faculty, and students, the analysis highlights key outcomes and areas for improvement. This study explores the significance of contractual agreement in international class program evaluation, emphasizing their role in establishing clear terms and conditions, mitigating risks, and executing research ethics. The study investigates the process of establishing contractual agreement and highlights the importance of understanding their terms. It discusses key aspects such as international class theories, characteristics of contractual agreement in evaluation research, the role of evaluators, and an export evaluation study. The study underscores the vital role of contractual agreement in facilitating research ethics and promoting smooth evaluation process. Findings suggest that while the contractual agreement provides a structured approach to evaluation, its application requires continuous refinement to align with evolving program goals and participant expectations. Recommendations are provided for enhancing the contractual framework to better support comprehensive program assessment and foster sustainable international collaborations in education.
Government Communication Strategy In Preventing And Reducing The Prevalence Of Stunting In Labuhanbatu Utara District Tanjung, Samsul; Sazali, Hasan; Utami, Tri Niswati
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.v22i3.4904

Abstract

This study aims to analyze and explain the government's communication strategy in the prevention and decline in the prevalence of stunting in North Labuhanbatu Regency. This research is a descriptive qualitative study used to observe the natural conditions of the prevalence of stunting in North Labuhanbatu. This research informant is determined through purposive techniques. This study collects data through semi-structured interviews, non-participant observations, and documentation. This research data refers to primary and secondary concepts, primary data sourced from interviews and observations, while secondary data sourced from relevant journal articles and books. This research data was analyzed through the Miles & Huberman scheme which included reduction, presentation, and data conclusions. The validity of this research data is tested through the degree of trust (credibility), transfer (transferability), dependability, and confirmability. The results of this study indicate that the North Labuhanbatu government implemented a holistic and value-based communication strategy in stunting prevention efforts, by adopting the principles of Islamic communication such as Qaulan Sadidan, Qaulan Layyina, and Qaula Baligha to increase public awareness and participation. This strategy involves synergy between various parties, including local governments, health institutions, non-governmental organizations, and the private sector, with a focus on balanced nutrition education, health education, and successful narratives. Facing challenges such as lack of community understanding, coordination between weak agencies, low literacy, and the lack of participation of community leaders, this strategy emphasizes the importance of integration of stunting prevention programs with other development initiatives, optimization of communication methods, and community involvement in formulating solutions. This comprehensive and integrated approach aims to create a continuous positive impact in reducing the prevalence of stunting and building a healthier future for the people of North Labuhanbatu. 
Punishment Under Special Minimum Criminal Threat In the Crime of Child Abuse (Study of Decision Number 1041 K/Pid.Sus/2020) Ahmad, Rosman; Satria, Hariman; Abdaud, Faisal; Mafardin, Mafardin
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.v22i3.4909

Abstract

The imposition of a penalty below the special minimum in the crime of molestation of children is a very important issue in criminal law. This crime aims to provide more effective protection to victims of immorality involving children. In some cases of child abuse, the judge handed down a verdict below the special minimum. The offense that is the focus of this study is how the judge considers sentencing under the special minimum criminal threat based on Decision Number 1041 K/Pid.Sus/2020 in the case of criminal acts of child abuse? The research method used is a type of normative legal research using 2 (two) legal approaches, namely the legislative approach and the case approach. The results of the study concluded that  the Supreme Court in decision Number 1041/Pid.sus/2020 has strengthened the judex facti decision that imposes a penalty below the special minimum limit to the defendant so that the decision contradicts the provisions of Article 82 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is the minimum limit of 5 (five) years and a maximum of 15 (fifteen) years.
SOCIAL, ECONOMIC, LEGAL, AND CULTURAL IMPACTS OF LAND ACQUISITION FOR THE CONSTRUCTION OF THE NGAWI- KARTASURA TOLL ROAD SEGMENT Setiowati, Setiowati; Sudirman, Senthot; Khasanah, Dian Dewi
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.v23i1.4924

Abstract

The construction of the Ngawi - Kartasura Toll Road Segment, part of the 90.1-kilometer Solo - Ngawi Toll Road project, aims to improve connectivity and economic growth in Java, but also brings complex impacts in the land acquisition process. This process raises various social, economic, legal, and cultural challenges that require a holistic and participatory approach, including impact mitigation strategies, transparency, and integration with comprehensive regional development planning. This research aims to analyze the social, economic, legal, and cultural impacts of the land acquisition process for the construction of the Ngawi - Kartasura Toll Road Segment on affected communities, as well as evaluate the effectiveness of land acquisition policies and implementation in mitigating negative impacts and maximizing development benefits for local communities. This research uses normative legal research methods with statutory and conceptual approaches, focusing on the analysis of primary, secondary, and tertiary legal materials through literature study. The data analysis technique uses qualitative analysis methods with deductive reasoning. The results show that the land acquisition process for the construction of the Ngawi - Kartasura Toll Road Segment has multidimensional impacts on affected communities, including social, economic, legal, and cultural aspects. Although there are comprehensive legal foundations and mechanisms for impact mitigation and benefit optimization, the effectiveness of their implementation still varies in the field. Efforts to mitigate negative impacts and maximize benefits have been made, but still face challenges such as inconsistencies in land data, land speculation, and community resistance. To improve effectiveness, a more holistic and participatory approach is needed, including strengthening community participation, improving data accuracy, strengthening local government capacity, and better integration with regional development planning.
The Existence of Pretrial Institutions In The Enforcement Of Criminal Law Narendra, Ko Triskie; Purwoleksono, Didik Endro; Rachman, Taufik
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.v22i3.4927

Abstract

Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law
The Implementation of Law Enforcement on Environmental Crime Perpetrated by Corporations in Relation to River Pollution Silaban, Rudolf
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.v22i3.4957

Abstract

There is an increasing trend to criminalize companies committing environmental crimes through criminal policies. Law No. 32 of 2009 on Environmental Protection and Management considers companies as legal entities with criminal liability. However, in practice, there are many obstacles in enforcing the law against businesses that commit criminal acts. For example, no company has been sanctioned for pollution cases in river basin areas (DAS). This research focuses on examining issues related to the application of environmental criminal liability by companies under Indonesian law and the efforts to tackle environmental crimes committed by companies. The research method used in this study is normative jurisprudence. According to the implementation of the law, companies that commit crimes of polluting river basins can be held criminally liable, including sanctions, fines for the company, and the directors or managers of the company being subject to corporate criminal penalties. To effectively address environmental crimes committed by companies around the river basins, two approaches can be used: first, criminal action (punishment) and second, collective action, which is a combination of non-criminal and criminal practices.

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