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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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Criminological Juridical Review of Traffic Accidents Resulting in Child Deaths Due to Negligence Reviewed from the Perspective of the Juvenile Justice System Rahadian, Dian -; Kaplele, Farida -
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.v21i2.4958

Abstract

The aim of the normative research currently being carried out is to find out how criminologically the occurrence of traffic accidents carried out by children occurs due to negligence or carelessness in driving motorized vehicles. This implementation is regulated in Law Number 22 of 2019 concerning Road Traffic and Transportation as well as the Juvenile Criminal Justice System Law.  The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that in the Juvenile Justice System and related to Criminological Science, it is clear that the Juvenile Criminal Justice System Law regulates basic and additional criminal penalties. In relation to the issue of responsibility for a child who is still a minor, this concerns matters of age where he can be held accountable but which are outside the Criminal Code.
Reconstruction Of Provincial Authority In The Field Of Marine Affairs And Fisheries To Regency/City Governments In Realizing The Welfare Of Small-Scale Fishermen In Indonesia Nasution, Ahmad Duroni; Ramlan, Ramlan; Nadirah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4968

Abstract

Horizontal conflicts occurred after the UUPD came into effect because there were regulations regarding changes in marine zoning for small fishing communities. Meanwhile, the authority of the district/city government over coastal areas and small islands has been regulated in the UUPWP3K that the authority of the regional government to manage coastal and small island resources. This study aims to analyze the provisions of laws and regulations on regional government and coastal area management as regulated in the regulations on coastal areas and small islands, and how to reconstruct the authority of the provincial government to the district/city government as before. The research method used is normative legal research. Normative legal research is research that is carried out or directed at legislation, namely the relationship between one regulation and another and its relation to implementation in practice. The results of the study show that since the UUPD came into effect, the authority to manage the marine and fisheries sector as well as coastal areas and small islands by the district/city government has been reduced. The zoning area of 0-4 miles which was originally managed by the district/city government is now managed by the provincial government, thus making the provincial authority zoning 0-12 miles
Reformulation of Fintech Peer to Peer Landing Regulations: Critical Review of Predatory Pricing in the Implementation of Interest Rates Handayani, Otih; Muryanto, Yudho Taruno; Masri, Esther
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.v23i2.4969

Abstract

Fintech Peer to Peer Lending (P2P Lending) have interest rates that tend to be higher and installment terms that are more concise than conventional loans. The Business Competition Supervisory Commission (KPPU) suspects that there is a cartel of agreements to determine interest rates by the Indonesian Joint Funding Fintech Association (AFPI) until finallyFinancial Services Authority (OJK) issued Financial Services Authority Circular (SEOJK) No. 19/SEOJK.06/2023 number VI which governregarding the maximum interest rate limit. This research aims to analyze the settingP2P Lending justice-based with a critical review of predatory pricing in the application of interest ratesP2P Lending. This research is doctrinal/normative legal research with a statutory approach. Literature study, analyzed qualitatively. The research results describe that SEOJK No. 19/SEOJK.06/2023 is actually a monopolistic practice by the government which unilaterally protects the Loan Recipient, this is contrary to economic democracy which requires equal opportunities for Lenders and Platforms to participate in encouraging economic growth and the functioning of a fair market economy due to the potential for predatory pricing which can cause Platforms to be unable to develop and even tend to experience business failure.
THE IMPACT OF UNDERAGE MARRIAGE ON HOUSEHOLD HARMONY IN BADUY SOCIETY FROM THE PERSPECTIVE OF CUSTOMARY LAW AND MARRIAGE LAW Suhadi, Aris; Efriyanto, Efriyanto; Muslih, Muhamad
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.v23i3.4974

Abstract

Underage marriage still occurs frequently in Baduy society. As we know, the government has made regulations on the age limit for marriage as a response to several events that have occurred in several households in Indonesia. Several divorces occur because the husband or wife is too young so that in their marriage they are prone to quarrels, so regulations on the age limit for marriage for men and women are made.The researcher formulated the problem of this research, namely whether underage marriage that occurs in Baduy has an impact on marital harmony and household peace in Baduy and how effective is the marriage law regarding the minimum age limit for marriage for the Baduy community.According to the researcher, the purpose of the study is to find out the customary law regulations or considerations in Baduy regarding the age limit for Baduy men and women who will marry.The researcher believes that the long-term goal of this study is to ensure that all parties, both academics and the local government, provide direction, education, and socialization regarding the age limit for marriage in the Baduy community and its surroundings in order to create family harmony in the Baduy community. This is done as long as it does not conflict with Baduy customary law.The specific target of the study is to socialize regulations regarding the age limit for marriage to the wider community so that it is hoped that a sakinah mawadah wa rahmah household will be realized and free from quarrels between husband and wife in Indonesian families in general, and in particular for the Baduy community.Then the researcher uses a method to achieve these goals, namely the normative sociological and normative juridical legal research method, which is descriptive analytical using primary and secondary data sources which are analyzed by the researcher qualitatively. Descriptive in the form of a description of the current conditions of the average age of marriage in marriage in Baduy. Literature study, observation, and Baduy study were conducted to obtain the data needed by the researcher. Interviews with the local government will also be conducted to determine the divorce rate of the Baduy community and the community around Baduy, so that the best efforts can be made to socialize regulations regarding the age limit for marriage.
Criminal Law Reform Policy in Efforts to Overcome Corruption Crimes Committed by Regional Officials Mambaya, Marthinus -
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.v21i2.4997

Abstract

The aim of the normative research currently being carried out is to find out how the implementation of efforts to overcome criminal acts of corruption committed by regional officials. Corruption is a threat to the principles of democracy which uphold transparency, accountability and integrity, as well as the security and stability of the Indonesian nation.  The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The research results show that legal efforts to eradicate criminal acts of corruption committed by regional officials can be carried out in two strategies, namely preventive and repressive efforts. And community participation must fully support all Government policies, especially in law enforcement efforts in the context of overcoming criminal acts of corruption committed by regional officials.
Legal Protection and Rights of Indigenous Peoples: Legal Certainty in Managing Natural Resources Rahmatiar, Yuniar
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.v22i3.4999

Abstract

Indigenous peoples possess traditional rights to natural resources within their territories, yet these rights are frequently overlooked or marginalized due to inadequate policies and regulations. This research aims to examine the legal protection of the Baduy tribe's rights in managing natural resources and to explore how legal certainty can be achieved in this regard. Utilizing a normative juridical approach, the study analyzes relevant laws and regulations pertaining to indigenous rights and state-provided legal protection. The findings reveal that the recognition and protection of customary law communities in Indonesia highlight the state's commitment to supporting social entities with autonomy over their lives. Despite the pressures of modern integration, indigenous peoples continue to uphold their identity, traditions, and customary rights. Legal acknowledgment of these rights is enshrined in the 1945 Constitution and various laws, including Law No. 5 of 1960 on Agrarian Affairs, Law No. 4 of 2009 on Mining, Law No. 41 of 1999 on Forestry, and Law No. 7 of 2004 on Water Resources. However, effective implementation is often hindered by regulations that do not adequately address customary rights. While Constitutional Court Decision No. 35 of 2012, which recognizes customary forests as belonging to indigenous communities, represents significant progress, challenges persist. The need for revisions to create more inclusive laws or regulations is pressing. For the Baduy tribe, Lebak Regency Regional Regulation (Perda) Number 32 of 2001 on the Protection of Ulayat Rights is a critical development. This regulation offers legal certainty and safeguards their traditional rights, including customary land and natural resources, and tackles issues like illegal logging and forest encroachment. By acknowledging local wisdom and customs, this regulation aims to preserve Baduy culture and enhance security and social stability in their area.
The Role of International law in Addressing Climate Change: Legal Perspective and Policy Solution kadir, Taqiyuddin; Basri, T Saiful; Hitaningtyas, Ratih Dheviena Puru
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5002

Abstract

Climate change is one of the most significant challenges facing the world today. International law has a crucial role to play in addressing these issues through legal and policy frameworks. This study aims to analyze the role of international law in addressing climate change from a legal perspective and find effective policy solutions. The method used is a literature review with analysis of international legal documents and related policies, as well as case studies of policy implementation in several countries. The results show that although there have been some advances in international legislation and policy, there are still many challenges in its implementation that require innovative and collaborative solutions. The study also identified several policy solutions that could be improved through closer international cooperation, including harmonization of emission standards and more effective funding mechanisms. The recommendations of this study are expected to contribute to policymakers, legal practitioners, and other relevant parties in increasing the effectiveness of international law as a tool to address climate change. 
The Uniqueness of Mediation as an Alternative Dispute Resolution Method Outside the Court in Resolving Various Customary Disputes in Simalungun Regency Siregar, Abdul Rahman Maulana
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.v22i3.5004

Abstract

Mediation as an alternative dispute resolution outside the court has its own uniqueness in resolving various customary disputes. Generally, when a dispute arises between parties, the community tends to be more familiar with resolving disputes through customary means, or what they refer to as mediation. Mediation is a term commonly used by the community when disputes occur. Thus, mediation as an alternative dispute resolution holds a unique position among the people, particularly in Simalungun Regency, in resolving various customary disputes without the involvement of the courts. This article will further discuss the uniqueness of mediation in resolving customary disputes, the advantages and disadvantages of applying mediation as an alternative dispute resolution outside the court in Simalungun Regency. The importance of establishing mediation as an effective method for alternative dispute resolution outside the court for various customary disputes lies in its easy procedures, active involvement of the disputing parties, and respect for customary values and norms in maintaining social harmony and prioritizing win-win solutions. Moreover, mediation not only provides a practical and efficient solution but also helps to strengthen social relationships and preserve local cultural continuity. Therefore, mediation is considered a suitable and beneficial means for resolving customary disputes, offering a more familial approach compared to court resolution processes.
Integrity Behind Toga: Strengthening The Welfade And Dignity of Judges For A Fair and Dignified Judiciary Suwardi, Suwardi; Dwiono, Sugeng; Haryadi, Slamet
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.v23i3.5006

Abstract

The enhancement of judicial welfare represents a pivotal aspect in the attainment of a just and respectable legal system. A financially secure judiciary will be better positioned to fulfill its obligations in an impartial and ethical manner, eschewing the allure of corruption. The objective of this research is to examine the necessity of enhancing the welfare of judges in the context of a fair and dignified judiciary. The research method employed is a normative research method with a statute approach, which was analyzed using content analysis. The findings of this study indicate the necessity for action to improve the welfare of judges, including the implementation of salary and allowance increases, the provision of adequate facilities and infrastructure, and the establishment of legal protection for judges in the performance of their duties. Furthermore, it is imperative to consider the necessity of rigorous oversight of judges' ethical conduct and the provision of incentives for exemplary performance. The improvement of judges' welfare is expected to facilitate the creation of a conducive working environment for fair and dignified law enforcement. This will reinforce public trust in the judicial system, guarantee the protection of people's rights, and maintain the integrity and dignity of the judiciary in carrying out its function as the upholder of justice. This research will address the urgency of improving judges' welfare in order to realize a fair and dignified judiciary. 
The Role Of The Legal System And Law Enforcement In Handling Crimes Of Corruption: A Comparative Analysis Of Indonesia, Malaysia, And Thailand Gaol, Michael Yudhistira Lumban; Majid, Abdul; Afandi, Fachrizal
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.v23i1.5012

Abstract

The  criminal  act  of  corruption  that  is  rampant  in  the  country  is  not  only  detrimental  to  state  finances  but  is  a  violaton  of  the  social  and  economic  rights  of  society  at  large,  corruption  is  no  longer  a  national  problem,  but  has  become  a  transnational  phenomenon  so  that  internatonal  cooperaton  is  essential  in  preventing  and  eradicating  it.  , in  fact,  for  what  has  been  caused  by  the  crimnal  act  of  corrupton,  extraordinary  efforts  are  needed  in  terms  of  prevention  and  eradication  of  crimnal  acts  of  corruption.  One  of  the  efforts  to  prevent  Indonesia  from  falling  due  to  corruption  is  to  confiscate  and  return  assets  resulting  from  corrupton  crimes  based  on  the  laws  and  regulations  in  force in  the  Indonesan  legal  system.  in  Indonesia,  there  is  no  uinfied  institution  that  has  the  right  to  deal  with  corruption.  The  eradication  of  corruption  in  Indonesia  is  carred  out  by  3  state  institutions,  namely  the  Attorney  General's  Office,  the  Police,  and  the  Corrupton  Eradication  Commission  (KPK).  The  eradication  of  corruption in  one  country  will  not  run  optimally  if  it  is  not  supported  by  the  government's  political  will  to  eradicate  corruption,  the  unity  of  state  institutions  that  eradicate  corrupton,  and  the  enforcement  of  existing  corrupton  eradication  regulations.

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