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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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Problematics of Decentralization in the Field of Health Law in the Autonomous Era taufik,, Iqbal; Baranyanan, Soeleman Djaiz; Irham, 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.v23i2.5113

Abstract

Based on positive law, which applies in Indonesia, decentralization has "chosen" to give up some of its authority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of 2014 uses a residual system when determining what is the authority of local governments. With the residual system, the central authorities have been clearly defined in advance, while the rest are autonomous regions. Therefore, authority in the health sector has become an autonomous regional government authority, because that authority is not determined as the authority of the central government. On the one hand this benefits the local government, because by using its authority, the regional government can regulate the health sector according to its aspirations and capabilities. This research was approached in terms of legal science, both at the dogmatic level, legal theory, and legal philosophy. In this study also used a normative legal approach or library law, namely legal research conducted by examining library materials or secondary data. Normative legal research or literature includes research on semantic law, research on the degree of vertical and horizontal synchronization, comparison of law and history of law. Research on legal principles is carried out by interpreting the legal norms formulated in laws and regulations relating to local government in Indonesia. Based on this research study, it can be concluded that in terms of law and policy as well as the scope of authority of regional governments that support regional autonomy in the health sector, it is still unclear and inconsistent in the description of the functions and authority of regional governments in the health sector.Keywords:Decentralization; Health Law; Regional Autonomy
Analysis of Determinants for the Optimization of Restaurant Tax Revenue in North Sumatra Province (Study on Regencies/cities in North Sumatra from 2018 to 2022) Lubis, Mei Linda Suryanti; Asmuni, Asmuni; Nurlaila, Nurlaila; azhar, Murdifin
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.v23i2.5115

Abstract

According to Law No. 28 of 2009, taxes are contributions from the community used for national purposes to ensure the prosperity of the people. This law also explains the existence of Regional Taxes and Levies (PDRD such as the Restaurant Tax. Each year, the Regional Tax and Levy Management Agency sets targets, but many of these targets are not achieve. For example, in 2020 and 2021, many tapping box devices were installed to optimize tax collection, but the targets were still not achieved. Therefore, the purpose of this study is to assess other factors that can optimize tax revenue through the analysis of determinants for the optimization of restaurant tax revenue in North Sumatra Province. This research will take samples from five cities and regencies in North Sumatra Province: Medan, Deli Serdang, Tebing Tinggi, Batu Bara, and Serdang Bedagai. The study will use a quantitative method with primary data collected through surveys. The results of this research indicate that tax audits, tapping box applications, and tax regulations significantly influence taxpayer compliance in paying restaurant taxes in North Sumatra Province. Additionally, tax audits and tapping box applications have a substantial impact on tax optimization, whereas tax regulations do not have a significant impact on the optimization of restaurant taxes in North Sumatra Province. Furthermore, taxpayer compliance does not significantly affect the optimization of restaurant taxes in North Sumatra Province. Finally, tax audits, tapping box applications, and tax regulations do not significantly influence the optimization of restaurant taxes through taxpayer compliance in paying restaurant taxes in North Sumatra Province.
Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers Suryana, Cece
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.v22i3.5121

Abstract

This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment.
Reformulation Of Additional Criminal Law Regarding Sanctions For Defendants Of Corruption Criminal Acts In Indonesia Purnama, Chandra; Arifin, Muhammad; Mansar, Adi
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.v22i1.5123

Abstract

Indonesia has Law Number 20 of 2001Jo. Law Number 31 of 1999 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption (hereinafter abbreviated as the PTPK Law). Based on Article 6 of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission. Unfortunately, the criminal provisions contained in Article 21 and Article 22 of Law No. 28 of 1999 concerning Clean and Corruption-Free State Administrators are contrary to the principles contained in the Criminal Code, namely that the Criminal Code does not use a special minimum criminal system and cumulative principal criminal penalties, so that the Criminal Code including the Criminal Procedure Code cannot be used in eradicating criminal acts of Collusion and Nepotism. In other words, violations of criminal acts of collusion and criminal acts of nepotism in our beloved country currently cannot be addressed penally based on Law No. 28 of 1999 concerning Clean and Corruption-Free State Administrators. Therefore, this law needs to be immediately updated in terms of its criminal aspects. Article 20 paragraph (7) of Law Number 31 of 1999, which states that the main punishment is only a fine with a maximum plus 1/3 (one third). The determination of this criminal fine is imperative, meaning that judges have no other choice in imposing criminal sanctions on corporations other than criminal fines
Implementation of the Business Judgement Rule Doctrine as Legal Protection for Directors in Realizing Good Governance of Regionally-Owned Enterprises Nodi, Hamzar; Ramlan, Ramlan; Hanifah, 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.v22i2.5124

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. 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.v23i3.5127

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; Satria, Hariman; Abdaud, Faisal
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. 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.v23i3.5131

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 Sinaga, Niru Anita
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 Subur, Fitrillah I. Hi.; Jonathan, Filbert; Pamungkas, Rizaldi Tri; Huffadz, Ratu Jagad Qoriatul
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.

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