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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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Implementation of the Business Judgement Rule Doctrine as Legal Protection for Directors in Realizing Good Governance of Regionally-Owned Enterprises Hamzar Nodi; Ramlan Ramlan; Ida Hanifah
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.v22i2.5124

Abstract

The form of BUMD governance as a regional company as regulated in UUPD and PPBUMD consists of Regional Public Companies (Perumda) and Regional Limited Companies (Perseroda). The establishment of Perumda is in the form of regional regulations based on regional needs and the feasibility of the business field of the Perumda to be formed. Perumda is a BUMD whose entire capital is owned by one region only and is not in the form of shares. One of the important organs in a company is the board of directors. The board of directors who control the company in daily activities has the authority to determine policies in carrying out its powers and obligations in managing the company must have good intentions, be responsible, have integrity, be honest, and be highly dedicated to advancing and developing the company. The board of directors is fully responsible personally for the company's losses if the person concerned is guilty or negligent in carrying out his duties. The board of directors can take or carry out actions to facilitate his duties as long as it is within the scope of his duties and obligations and does not conflict with customs, fairness, and propriety. Implementation of the business judgment rule (BJR) doctrine as a form of protection given to directors in carrying out their duties and responsibilities in running the company. Business decisions or actions taken by directors are intended to manage the company professionally according to their expertise to generate profits for the company, even though there are risks from these decisions and actions that can cause losses for the company
Improving Access to Justice in E-commerce: The Potential of Online Dispute Resolution (ODR) wahyuni, ayu; Muryanto Lanontji; Wahyudi Umar
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.v23i3.5127

Abstract

This study aims to analyze the potential of Online Dispute Resolution (ODR) in increasing access to justice in E-commerce with a normative legal approach. This research method is carried out through an in-depth literature analysis on the concept of ODR, comparison with conventional dispute resolution, and case studies of ODR implementation in the context of E-commerce. In the literature analysis, legal norms related to ODR, consumer rights, and data protection aspects are analyzed to understand the existing regulatory framework. The study also compares the advantages and disadvantages of ODR compared to traditional dispute resolution mechanisms, with reference to the principles of fairness, efficiency, and accessibility. In addition, this method involves analyzing ODR implementation case studies in leading E-commerce platforms. This study also conducted interviews with digital law experts to get views on legal aspects that need to be considered in the implementation of ODR. The results of this study outline the potential of ODR in facilitating easier and more efficient access to justice for consumers in E-commerce disputes. However, data protection norms and ODR regulations need to be strengthened to maintain privacy and security. The implications of this study will provide valuable legal guidance for policymakers, lawyers, and E-commerce platforms in integrating ODR effectively, while maintaining normative and ethical aspects in dispute resolution in an ever-evolving digital world.
Circumstantial Evidence in Criminal Proof: Is It Reliable? Arifuddin Arifuddin; Hariman Satria; Faisal Abdaud
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.v22i3.5130

Abstract

Proof is the backbone of criminal justice. Because any party who lacks evidence will lose in the court decision. In current judicial practice in Indonesia, there is a lot of discussion about indirect evidence. This term originates from the common law criminal law doctrine and is starting to be used by Indonesian academics when explaining criminal cases in court. The results of the study show that normatively, the Criminal Procedure Code does not recognize the distribution of evidence, either direct or indirect. In criminal justice practice, indirect evidence can be seen in its functionalization in two decisions, namely decision Number 498K/PID/2017. Indirect evidence used is in the form of: witness statements, expert statements, letters and instructions. Furthermore, decision Number 1813K/PID.SUS/2016. The indirect evidence used is documentary evidence and statements from several witnesses. In order not to cause errors in practice, direct evidence must be prioritized, not the other way around.
JURIDICAL REVIEW OF AGREEMENTS PROVIDING BANKING LOANS (CREDIT) TO INDIVIDUAL CUSTOMERS IN THE FORM OF GENERAL RURAL CREDIT (KUPEDES) Gultom, Sarles; Sinaga, Merry Natalia; Caronina Sitepu, Desy Kartika; Maujana Saragih, Sepri Ijon; Utami, Fikha Syra
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.v23i3.5131

Abstract

This article discusses the important role of the financial system, especially the People's Business Credit (KUPEDES) program, in supporting economic development in Indonesia, especially for Micro, Small, and Medium Enterprises (MSMEs). KUPEDES is designed to improve access to capital for rural communities that often have difficulty in meeting formal credit requirements. This program contributes to poverty alleviation and encourages local economic growth. With a clear legal framework, KUPEDES protects the rights and obligations of banks as credit providers and customers as credit recipients. The dispute resolution mechanism regulated by the OJK provides legal certainty, increasing customer confidence in applying for credit. However, challenges remain, especially in ensuring customer understanding of credit terms and risks. Therefore, it is important for financial institutions to provide adequate education on the legal dimensions of credit agreements. Implementation of training and counseling programs can help customers manage their finances wisely. Overall, KUPEDES is not only a tool to improve access to capital, but also a driver of financial inclusion that strengthens the rural economy and supports sustainable growth in Indonesia. An in-depth analysis of the legal aspects of the KUPEDES agreement is essential to ensure compliance and sustainability of rural economic development through financial inclusion.
APPLICATION OF THE PROPORTIONALITY PRINCIPLE IN COMMERCIAL CONTRACTS TO ENSURE JUSTICE FOR THE PARTIES Niru Anita Sinaga
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.v22i2.5151

Abstract

Contracts play a very significant function in business. It is envisaged that applying the proportionality principle will aid in the realization of the contract's objectives and functions. The principle of proportionality governs the exchange of rights and obligations between parties in accordance with their proportions or parts, and it applies throughout the contract process, including the pre-contractual stage, contract formulation, and contract execution. Commercial contracts emphasize characteristics of partnership and business continuity, with the parties exchanging their rights and obligations in a fair and reasonable manner. To build a fair and mutually advantageous contractual partnership, ensure that the parties' interests (rights and obligations) are exchanged in balance. The notion of proportionality is vital not only for creating contracts that are just and mutually advantageous (substantial justice), but also for emphasizing fairness (fairness in procedures). The integration of contract law concepts is an analytical technique for dissecting the presence of contracts formed by the parties in order to manage the parties' various interests in a proportional manner
Reform of Article 46 Paragraph (3) Letter C of the Broadcasting Law Regarding the Phrase "Prohibition of Advertisements Demonstrating the Form of Cigarettes": Comparative Study With Singapore Fitrillah I. Hi. Subur; Filbert Jonathan; Rizaldi Tri Pamungkas; Ratu Jagad Qoriatul Huffadz
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.v22i2.5156

Abstract

This study has been motivated by the weaknesses in the formulation of the Article 46 Paragraph (3) Letter c of Broadcasting Law No. 32 of 2002, which bans only those cigarette ads showing the shapes of cigarettes and leaves room for the tobacco industry to practice indirect advertisement. The focus of this research is to assess the enforcement of limitations on cigarette promotion in broadcasting law and to explore the legal modification of c of Broadcasting Law Article 46 paragraph 3. The method of the study is a normative juridical approach and comparative law method. The findings reveal that current laws in Indonesia have been ineffective in controlling the increase of the smoking population, among the youth in particular, due to a number of issues that the tobacco industry exploits. In contrast, smoking problems are much less prevalent in Singapore which has imposed more stringent policies. Most importantly, the research also discusses that ineffective regulation in Indonesia results from poor enforcement and light punishments offered for violations of the law. Therefore,there is need for restructuring section Article 46 Paragraph (3) Letter c of the Broadcasting Law, by promoting a bitter pill approach towards cigarette advertising, in addition to the current ineffectual position interrogated, to enhance public health.
IMPLICATIONS OF BLOCKCHAIN TECHNOLOGY IN CIVIL TRANSACTIONS: A REVIEW OF LEGAL ASPECTS Letunggamu, Olfriady; Dwi Putranto, Rahmat
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.v23i3.5175

Abstract

This study discusses the legal implications of using blockchain technology in civil transactions, focusing on aspects such as smart contracts, proof of ownership, data security, and regulation. Blockchain technology offers advantages such as transparency, security, and efficiency but also presents various legal challenges that need to be addressed. Smart contracts have the potential to be considered valid if they meet applicable contractual requirements, but their automatic and rigid execution can cause problems in certain situations. Proof of ownership recorded on the blockchain requires legal recognition to be valid and accepted in court, while the transfer of ownership through blockchain requires clear regulations to ensure its legality. In terms of data security, blockchain offers high protection but raises challenges related to privacy and compliance with data protection regulations such as GDPR. Clear and comprehensive regulations are needed to support the safe and effective adoption of blockchain, but many jurisdictions still lack an adequate legal framework. This study recommends the development of relevant regulations, increased education and awareness about blockchain, and further research to develop best practices and industry standards. With the right approach, blockchain technology can enhance efficiency, security, and trust in civil transactions.
LOSS OF LEGAL CERTAINTY IN THE TAXATION SYSTEM FOR TRANSFER OF LAND AND BUILDING RIGHTS Muchtar, Andhyka
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.v23i3.5177

Abstract

This investigate inspected the esteem of lawful certainty within the handle of exchanging rights to arrive and buildings where the framework in tax collection that ought to use the self-assessment framework isn't actualized but or maybe the Official Assessment system. These issues happen greatly in a few locales within the handle of collecting charges on the exchange of arrive rights not based on the charge collection framework that applies in Indonesia, so that the inclination of fiscus to decide charges comes about in hurt to the community. From the comes about of the ponder it was found that the activities taken by the assess specialists by conducting overviews come about in charges not in understanding with the exchange esteem decided by the citizen, other than that these activities are considered as activities that cannot be advocated as a frame of great administration. The irregularity of the nearby government as a burdening party in collecting charges in terms of the charge collection framework that ought to utilize the Self-Assessment Framework turns into the Official Assessment System. Therefore, another supporting system is needed that can strengthen the validity of the Self-Assessment system, namely a concept of a mutual agreement system or called a tax deal system.
The Role of Members of the Regency/City People's Representative Council (DPRK) Appointment Mechanism as Cultural Representatives in Monitoring Special Autonomy Policies Lily Bauw
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.v21i2.5185

Abstract

This study aims to further examine the role of DPRK members of the appointment mechanism in accommodating the rights of Indigenous Papuans in regional policies to optimize the implementation of Law Number 2 of 2021. The approach used in writing uses a qualitative descriptive approach that aims to describe the role of DPRK members of the appointment mechanism in accommodating the rights of Indigenous Papuans in Keerom Regency policies to optimize the implementation of Law Number 2 of 2021, so as to produce recommendations in the form of ideas to optimize the role of the DPRK. Therefore, this writing uses a literature study approach related to data collection procedures, in the form of scientific sources such as journals, monographs, and reference books. The results of this study reveal that the role of DPRK members of the appointment mechanism as a cultural representation in overseeing the Special Autonomy policy is carried out through strengthening the position of the DPRK appointment mechanism, namely by providing space for the existence of deputy DPRK leaders who come from DPRK members of the appointment mechanism and the existence of special groups. The existence of deputy leaders and special groups makes the bargaining position of the DPRK appointment mechanism strong in fighting for the rights of Indigenous Papuans so that they can become part of regional policies.
Legal Review of Defense Human Resource Management in the VUCA Era: Based on Law Number 3 of 2002 Agus Adriyanto
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.v22i3.5187

Abstract

Defense human resources in the VUCA era (Volatility, Uncertainty, Complexity, and Ambiguity) based on Law Number 3 of 2002 concerning state defense. The VUCA era, which is characterized by rapid change, uncertainty, complexity, and ambiguity, demands changes in the strategy of managing human resources in the defense sector. This study uses a normative legal method, with a statutory approach and analysis of literature related to defense human resource policies. The results of the study indicate that Human Resource Management in the defense sector, in accordance with Law Number 3 of 2002, must adapt to the challenges of the VUCA era (Volatility, Uncertainty, Complexity, Ambiguity). The need for superior and adaptive human resources is increasingly crucial, requiring them not only to have technical skills, but also a deep understanding of information and communication technology, and the ability to deal with cyber threats. In addition, mastery and maintenance of advanced main weapons systems (alutsista) are indicators of the reliability of human resources. However, existing regulations are still not fully in line with VUCA dynamics, so the government needs to formulate relevant training policies, including adjusting the curriculum at military academies. In addition, it is important to regulate the legality of international training programs and provide legal protection for personnel, including guarantees of basic rights such as compensation and medical care. Comprehensive policies and regulations will strengthen risk management and enable decentralization of decision-making, so that personnel can be more flexible and effective in facing evolving challenges.

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