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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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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. 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.v23i3.5175

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. 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.v23i3.5177

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 Bauw, Lily
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 Adriyanto, Agus
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.
Historical Evolution of Indonesia's Legal System (Transformations Across Different Eras) Abdussamad, Zamroni; Muhtar, Mohamad Hidayat; Mustapa, Muhammad Iqbal
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.v23i3.5188

Abstract

This study analyses the impact of Dutch colonial law on the evolution of the Indonesian legal system following independence, as well as the integration of local and global principles in the establishment of National Legal Policy across several historical periods. The primary issue encountered was the legal duality between Dutch law and customary law, alongside the difficulty of establishing an autonomous national legal system. This study employs normative legal methodologies and a literature-based methodology to examine the progression of legal systems from the colonial era to the reform period. The findings indicated that, although Indonesia's independence, the remnants of colonial law continue to prevail within the legal framework, particularly in civil and criminal domains. Legal reforms initiated in the late 1990s aimed to eliminate colonial influences and include local values with global standards. The difficulty in achieving equilibrium between these two elements remains a significant topic of discussion in Indonesia's legal reform.
Defendant's Ignorance of State Administrative Court Decision Contempt Of Court pondayar, yustus
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.v23i1.5198

Abstract

In a state of law, the existence of the State Administrative Court is the most important part of the repressive efforts to protect the community to obtain justice and legal certainty. It is impossible for the Defendant to cancel the decision of the State Administrative Court for several reasons: first, there is no execution institution in the State Administrative Court, second, there are no legal sanctions, and third, ignoring the decision of the State Administrative Court creates legal uncertainty for the Plaintiff. In addition, the Defendant's ignoring the decision constitutes a ignoring of the general principles of good governance. The Defendant's attitude includes committing unlawful acts (unfair government actions) or arbitrary (desire or shift of power). The actions of state administrative bodies/officials who do not comply with and carry out the decision of the State Administrative Court judge can be categorized as acts that are contrary to the law.
Dynamics of Legal Politics of Judicial Power in Responding to the Industrial Revolution 4.0 Nurdin, Boy
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.v22i1.5212

Abstract

This study aims to analyze how the justice system and judicial power in Indonesia adapt to technological developments in the Industrial Revolution 4.0 era. This study uses a qualitative method with a normative legal approach that examines laws and regulations, legal doctrines, and judicial practices related to the application of technology in the law enforcement process. The main focus of this study is to identify the challenges and opportunities that arise for the judiciary in the digital era, such as changes in decision-making, the use of technology for judicial transparency, and the protection of human rights amidst legal automation. The results of the study indicate that digitalization and the application of technology in the Indonesian judicial system are very important to improve the efficiency, transparency, and accessibility of justice. Structural changes due to the amendments to the 1945 Constitution resulted in the decentralization of judicial power with three independent institutions: the Supreme Court, the Constitutional Court, and the Judicial Commission. Initiatives such as e-court and e-litigation implemented by the Supreme Court facilitate the legal administration process, while the Constitutional Court introduces a transparent judicial system through an informative website and mobile application. The Judicial Commission also utilizes digital platforms to maintain independence and accountability. However, challenges include the digitalization of the judicial process, demands for transparency, the influence of artificial intelligence, and increasing legal literacy. Courts need to adapt to technology to increase efficiency while protecting personal data and upholding human rights principles.
EVALUATION OF SUSTAINABLE DEVELOPMENT POLICY IN URBAN AREAS: A CASE STUDY IN MAKASSAR Syafaruddin, Syafaruddin; Natsir, Nurasia; Syafaruddin, Andi Riska Andreani
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.v23i1.5218

Abstract

This study aims to evaluate the effectiveness of sustainable development policies in Makassar and the public's perception of the impact of these policies on quality of life. The method used in this research is a quantitative approach, with data collected through a survey questionnaire distributed to 200 randomly selected respondents from various neighbourhoods in Makassar. The analysis results show that 80% of respondents have noticed improvements in air quality in their environment since the implementation of sustainable development policies, indicating a positive impact of these policies on environmental conditions. However, the results also reveal that 25% of respondents still experience dissatisfaction regarding accessibility to public facilities, highlighting challenges that need to be addressed to enhance the inclusiveness of these policies. Hypothesis testing indicates a significant positive effect between sustainable development policies and public perception of quality of life (H1). Moreover, the second hypothesis (H2), which states that community participation and government transparency influence policy effectiveness, is also accepted. These findings emphasize that community involvement and information openness are key factors in enhancing the success of sustainable development policies. This study recommends the necessity for ongoing evaluation and improved accessibility to public facilities to ensure that the benefits of the policies can be equitably felt by all segments of society. Thus, this research is expected to contribute to the development of more responsive and inclusive policies in the future.
THE PROBLEMATICS OF CRIMINAL SANCTIONS RELATED TO PLASTIC SURGERY: ETHICAL AND LEGAL ISSUES Widyastuti, Ni Luh Wiweka; Darma, I Made Wirya
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.v23i3.5225

Abstract

Plastic surgery presents complex challenges in terms of ethics and law, including conflicts between medical principles and patients' aesthetic desires, enforcement of regulations against illegal practices, appropriate application of criminal sanctions, and the need to balance increasing demand with adequate safety standards and patient protection. This study aims to analyze the application of criminal sanctions for malpractice in plastic surgery from the perspective of medical ethics and criminal law in Indonesia, as well as to identify the challenges in formulating regulations that balance patient protection and medical freedom in the context of plastic surgery. The study employs a normative legal method with a legislative and conceptual approach, analyzing primary and secondary legal materials through a literature review, and applies descriptive qualitative analysis to understand the problems of criminal sanctions and ethical aspects in plastic surgery in Indonesia. The results indicate that the application of criminal sanctions for malpractice in plastic surgery in Indonesia involves complex considerations from the perspectives of medical ethics and criminal law. Key challenges include protecting patients from surgical risks, especially elective procedures, while respecting doctors' medical autonomy; ensuring informed consent without restricting clinical decision-making; addressing ethical dilemmas related to patient requests; integrating technological advancements without compromising safety; strengthening oversight and law enforcement against illegal practices; and protecting consumers from misleading advertisements. The application of criminal sanctions faces challenges in proving negligence, particularly due to the subjective nature of aesthetic plastic surgery. There is a need for synergy between law enforcement and ethical regulation to balance patient protection and medical freedom, ensuring justice for both patients and responsible medical practitioners
LEGAL PROTECTION FOR WOMEN WORKERS IN INDONESIA: A CRITICAL REVIEW OF LAW APPLICATION Prasetyo, Dedy Ardian
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.v23i3.5233

Abstract

When compared to their male counterparts, female workers frequently experience discrimination in labor rights concerns pertaining to their protection, particularly in areas of reproductive function, pay, and positions. The purpose of this study is to examine the laws intended to safeguard Indonesian women workers' rights. Normative legal research is the methodology used in this investigation. Law Number 6 of 2023 Article 153 and Regulation of the Minister of Women's Empowerment and Child Protection Number 1 of 2023 are the main sources of data for this study. According to the study's findings, women workers have not yet received the best protection possible under Law No. 6 of 2023 and the Ministerial Regulation of PA No. 1 of 2023. The requirement for workers to learn more about the relevant legislation is the reason for the low implementation of these policies. According to the same report, a large number of female employees need to be aware of the laws obliging businesses to offer maternity leave. Furthermore, the provision of shelter houses for female employees in the workplace is governed by the Ministerial Regulation of PPPA No. 1 of 2023. Only 72 businesses will be dedicated to offering RP3 across Indonesia in 2023. DKI Jakarta, Bogor, Bekasi, Subang, Riau Islands, South Sumatra, Banten, and East Java are among the regions that have adopted RP3. Despite the implementation of Law No. 6 of 2023 and Ministerial Regulation No. 1 of 2023, not all Indonesian women workers are aware of or able to utilize their current protection rights.

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