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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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Policy Formulation In Legal Protection Of Working Children Outside A Working Relationship S, Ujang Charda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2534

Abstract

Legal protection for child labor is still different for children who work for an employer and for children who work for themselves. This is not in line with the principles of legal protection, the goals of labor law, the nature of labor law, and the legal scope of employment. whose goals are not only to protect the interests of workers before, during, and after a period of work, but also to make sure that everyone has a job and can make a decent living for all of humanity without any discrimination in the way work relations are set up and run. The research method is descriptive-analytical with a normative-legal approach through library research and field research, with techniques for gathering data through library research. Then the data were analyzed through a qualitative normative method without using numbers and mathematical formulas. Based on the results of the study, it shows that the regulation of children who work outside of an employment relationship has implications for the responsibility of the state in providing legal protection through planning the formulation of government policies that are not only focused on children who work in an employment relationship, but also on children who work outside of an employment relationship.
Review Of Cryptocurrency Based On Sharia Economic Law Koni, Agung Subayu
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.v22i2.2540

Abstract

cryptocurrencies still often clash with applicable law, not least with sharia economic law because Indonesia has a majority Muslim population, so sharia review in the use of cryptocurrencies is essential, so in this case, the Indonesian Ulema Council issued an unlawful fatwa regarding the use of cryptocurrencies both as currency. or as a digital asset. This study aims to analyze and explain cryptocurrencies based on the provisions of Islamic economic law in their use in money or as digital assets, using normative juridical research methods. The results of this study found that the use of cryptocurrencies has two functions, namely as currency and digital investments, but the use of cryptocurrencies clashes with the concept of Islamic economics because cryptocurrency has elements of dharar, ghrara, and qimar, also the idea of money in cryptocurrency clashes with the concept of money in Islam.
Protection and Certainty of Social Welfare Law in the Concept of a Welfare State: Perspective of State Administrative Law Fasyehhudin, Mohamad
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.v22i1.2544

Abstract

The intervention of the state administration in providing legal protection and certainty for social welfare insurance is very important. However, there are still problems occurring in society, including acts of discrimination against accessing social needs, causing social inequality. The goal of this research is to determine how the government's responsibility in implementing social welfare is to provide legal protection and certainty to the community in the concept of a welfare state from the standpoint of state administrative law and how Arrangements for Social Welfare Policy Based on Government Regulation of the Republic of Indonesia Number 39 of 2012 Concerning Implementation of Social Welfare This research method is normative-juridical. The results of this study show that the responsibility and authority of the government in implementing social welfare and carrying out the duties of executive power must be based on the will of the state, which is based on statutory regulations established by the legislature. The policies regulated in the Government Regulation of the Republic of Indonesia Number 39 of 2012 concerning the Implementation of Social Welfare are rehabilitation policies, social security policies, social empowerment policies, social protection policies, infrastructure standard policies, community participation policies, registration procedures policies, and policies for institutions that organize social welfare
The Urgence of Establishing Online Dispute Resolution (Odr) as A Dispute Resolution of Information Technology-Based Lending and Lending Services Putri, Conie Pania; Yakup, Bahrul Ilmi; Thamrin, Husni
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.v21i2.2606

Abstract

The urgency of establishing an online dispute resolution (ODR) as an effort to resolve disputes over information technology-based lending and borrowing services is based on the background that borrowers often fail to pay which causes losses to lenders. However, in practice, lenders cannot take legal action and accept losses which are known as the risk of default. Therefore, it is necessary to establish an Online Dispute Resolution (ODR) as a solution to solve these problems.The writing of this paper uses a normative juridical method with a statutory approach. This study uses primary, secondary, and tertiary legal materials which are analyzed qualitatively according to their relevance to research problems which are then presented in the form of exploratory and argumentative descriptive narratives.From the results of the research using the above method, the authors obtain answers to the existing problems that technology-based dispute resolution for lending and borrowing money services can be resolved through alternative dispute resolution using the Online Dispute Resolution (ODR) model.
In Indonesia, Hope For The Omnibus Law Method As A Solution To Hyper Regulation Amirullah, Amirullah; SN, Tunggul Anshari; Prasetyo, Ngesti Dwi
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.v22i2.2625

Abstract

This study aims to describe the expectations of the Omnibus Law Method as a solution to regulatory problems in Indonesia. The research method used is a normative juridical approach with statutory and conceptual approaches. Analytical tools based on the SWOT framework are used to examine primary, secondary, and tertiary sources of law. Due to the overwhelming volume of federal and state laws, the government has chosen to implement sweeping "omnibus" legislation. It's true that rules may be streamlined using the Omnibus approach. One of the goals is the organization of rules, which cannot be achieved if the Formation of Legislation using the Omnibus Law approach is not executed correctly. The success and advantages of the enacted Omnibus Law will determine the future of the method's acceptance in Indonesia's legal system. The regulatory framework is inseparable from the legal underpinnings, apparatus, culture, infrastructure, information technology, and funding that sustain it. The concepts of transparency, caution, and promoting public engagement are essential in Indonesia for applying the Omnibus Law.
Benefits of Establishing a Land Bank for Development in Indonesia Raihan, Dinda; Priandhini, Liza
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2626

Abstract

As mandated by Law Number 11 of 2020 on Job Creation, on 29 April 2021 the Indonesian government has enacted Government Regulation Number 64 of 2021 on Land Bank Agency (“GR No. 24/2021”). Land Bank Agency is a special agency called sui generis, formed as a transparent, accountable and non-profit Indonesian legal entity that is established by the central government to be autonomous and independent and is given rights to exercise part of the government authority to manage lands.  The Indonesian constitution has provided clear regulations regarding lands in Indonesia under Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia which asserts that the power given to the earth, water and natural resources contained therein rests with the state. The state must regulate its ownership and its use. The objective of such stipulation is that all land in its entirety in the territory of the Indonesian nation’s sovereignty is used for the greatest prosperity of the people. The Indonesian government hopes that the establishment of the Land Bank Agency will ensure the availability of land for all society groups from the Indonesian people to foreign investors in the field of public interest, social interest and national development to create a fair economy. The Land Bank Agency is viewed to expedite the process in seeking lands for public interest. This article aims to give light on the function of Land Bank for national growth and public interest.
Corporate Criminal Accountability in Indonesia and Other Countries Widijowati, Rr. Dijan
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.v22i3.2627

Abstract

Corporations are established with different objectives and ways to achieve different goals, not only in ways that are permitted by law but also in ways that are prohibited by law. Today, corporations are frequently involved in various criminal acts or used as a means to commit criminal acts. Therefore, it is a fact that cannot be denied that the role of corporations is currently very important in people's lives. Corporations as perpetrators of criminal acts in terms of criminal liability need to be considered carefully. Because today's corporations are increasingly playing an important role in people's lives, especially in the economic sector, Business activities, or the business world in general, are the main basis for meeting the competitive needs of life. In the United States and the United Kingdom, they also regulate corporate criminal liability, so the problem that can be formulated is how corporate criminal responsibility is regulated in Indonesia, the United States, and the United Kingdom. The research was carried out using a normative-juridical method using secondary data that was used as research material. The results of the study show that corporate criminal responsibility in Indonesia and other countries has agreements and differences, both in terms of regulation and the application of sanctions
Absence of a Power of Attorney to Appear before a Notary in Making the Deed of Statement of Resolutions of the Extraordinary General Meeting of Shareholders Putri, Bellatric Andini; Sendrawan, Tjhong
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2651

Abstract

The background of this research is the absence of a power of attorney to appear before a notary as the basis for the authority of the appearer in making the Deed of Resolutions of Extraordinary General Meeting of Shareholders (PKR deed). The problems studied in this research are the reasons why a power of attorney to appear before a notary is needed in the process of making a PKR deed and efforts that can be made by a notary so that the deed he makes still complies with statutory provions, if the power of attorney does not exist. The research was conducted using a literature study with an analytical descriptive research typology by examining secondary data in the form of primary and secondary materials. Primary legal materials consist of the Civil Code, Notary Office Law, and Limited Liability Company Law, while secondary legal materials consist of books, journals, articles, and internet media related to Limited Liability Companies, the role of a Notary in making the deeds of Limited Liability Companies, and notary’s obligations in making authentic deeds. The results of this study explain that a power attorney with the right of substitution for a appearer who wants to appear before a Notary to state the contents of a meeting decision in a PKR deed is important. With the existence of a power of attorney, the appearer as the proxy holder has the authority to act to represent the interests of other shareholders present at the EGMS. Conversely, if there is no power of attorney, then the appearer does not have the authority to act. The result of the incompleteness of the power of attorney for the appearer in making the PKR deed is that the PKR deed can be canceled because it has violated the subjective terms of the validity of the agreement which also includes the material requirements of an authentic deed, namely the agreement of the parties. Thus, the Notary can prevent and overcome the cancellation of the deed if the Notary performs due diligence as stipulated in Article 16 paragraph (1) letter a UUJN. The notary can start examining documents from identifying the identity of the appearer, carefully verifying the subject and object data of the appearer, drawing up a deed with sufficient timeframe, fulfilling the formal and material requirements of the deed, reporting if there are indications of money laundering, expanding knowledge and professional expertise in accordance with the times, as well as conducting legal counseling for appearers.
Legal Protection of The Parties in The Execution of Fiduciary Guarantees After The Decision of The Constitutional Court Number 71/Puu-Xix/2021 Wesna, Putu Ayu Sriasih; Ananda Putra, Anak Agung Ngurah Bhaskara
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.v22i1.2656

Abstract

The Constitutional Court has issued Decisions Number 18/PUU-XVII/2019, Number 2/PUU-XIX/2021, and Number 71/PUU-XIX/2021, in which the three decisions have a major impact on the special characteristics of fiduciary guarantees, namely the execution of guarantees that easy with parate execution. This research uses normative legal research methods. The results of this research are the Execution of Fiduciary Guarantees After the Constitutional Court Decision Number 71/PUU-XIX/2021 execution with parate execution becomes ineffective. The legal standing of the Fiduciary Giver is benefited, the Fiduciary Giver has legal protection over the execution parate of the fiduciary recipient. The legal standing of the Fiduciary Recipient is aggrieved due to the loss of legal certainty over the execution parate. The fiduciary recipient in his position as a creditor loses his legal protection in terms of making settlements for bad loans due to complicated execution conditions..
Marlojong Custom Contribution In Marriage Dispensation Case At Panyabungan Religious Court Sebyar, Muhamad Hasan; Pagar, Pagar; Sukiati, Sukiati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2660

Abstract

Judges at Panyabungan Religious Court explored the prevailing values in society by consulting traditional figures, also known as hatobangon. This is a common practice when a marriage is based on marlojong custom. This study aimed to examine the contribution of customary laws in marriage dispensation decision at Panyabungan Religious Court by using the legal approach and the socio-legal approach. The legal approach was used to analyze marriage dispensation verdict at Panyabungan Religious Court. The socio-legal approach was used to analyze the social interactions that occur between the Religious Courts and customary institutions. The results of this study indicated that traditional leaders play an important role in providing legal advice in society. In cases of underage marriages, usually hatobangon (traditional leaders) propose two options; unregistered marriage or marriage dispensation application. In the latter case, hatobangon play their role assisting in the marriage dispensation request. Well-educated or knowledgeable hatobangon typically recommend submitting a request for marriage dispensation to Panyabungan Religious Court. This hatobangon statement letter serves as one of the requirements for the judge’s approval of marriage dispensation request. The contribution of customary laws reflects a manifestation of the prevailing Islamic values in society. Customary laws provide an alternative way to resolve marriage dispensation cases in the society and are used as an evaluation tool in stipulating a court decision. In addition, customary laws aid the public in understanding the inclusion of the Islamic laws in the state laws, such as age limit for marriage.

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