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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 1,718 Documents
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Government Discretionary Authority: Legal Framework and Control Mechanisms in Indonesian Administrative Law Ricky Thio; Wagiman Wagiman; Hotma Pardomuan Sibuea; Khalimi Khalimi
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.v23i3.5345

Abstract

This study examines the legal framework and control mechanisms governing government discretionary authority within Indonesian Administrative Law. The research addresses the fundamental challenge of balancing administrative flexibility with legal accountability in the exercise of discretionary power.The research aims to analyze the legal parameters of governmental discretion, examine accountability mechanisms, and evaluate control systems in preventing abuse of authority. This study employs a normative juridical method, utilizing statutory, case law, and conceptual approaches through analysis of legislation, court decisions, and administrative law doctrines.The findings demonstrate that governmental discretion must operate within clear legal boundaries established by administrative law principles and systematic accountability mechanisms aligned with good governance principles. The research reveals significant regulatory gaps in the current framework, particularly in establishing preventive measures against authority abuse. The study identifies the need for strengthened institutional oversight mechanisms while maintaining administrative efficiency.This research contributes to administrative law scholarship by providing analysis of discretionary power boundaries and proposing enhanced control mechanisms that combine legal instruments with monitoring systems in Indonesia's administrative law framework.
Civil Law Reform from the Perspective 0f Economic Development: Improving Investor and Entrepreneur Protection Darmadi Durianto
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.v23i3.5364

Abstract

Civil law reform is an important topic in the context of today's global economic development. This study uses a qualitative method through a literature study to explore the relationship between civil law reform and investor and entrepreneur protection, focusing on Article 1313 of the Indonesian Civil Code (KUHPerdata). The article regulates "Recognition and Ratification of Agreements", becoming a relevant legal basis in strengthening the protection framework for investors and entrepreneurs. From the perspective of economic development, strong legal protection for business agreements is crucial in attracting investment and facilitating sustainable economic growth. Through a qualitative analysis of the legal literature, this study presents an in-depth understanding of how Article 1313 of the Civil Code and civil law reform as a whole can contribute to strengthening protection for investors and entrepreneurs. The findings of this study provide valuable insights for policymakers, legal practitioners, and academics to develop more effective legal reform strategies in supporting inclusive and sustainable economic development.
Legal Analysis of the Crime of Sexual Intercourse Against a Child by a Stepfather (Decision Study Number 13/Pid.Sus/2023/PN Wgw) Yogi Witma Saritma; Faisal Abdaud; Abdul Jabar Rahim
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.v23i1.5369

Abstract

Children must be protected from all sorts of cruel treatment that lead to violations of human rights since they are the future generation of the country and are its buds, potential, and young people. Children that get harsh treatment will never grow or develop in the future. In Indonesia, instances involving the inhumane treatment of children are common. Case number 13/Pid.Sus/2023/PN Wgw is one such case that is pending at the Wangi-Wangi District Court. This case involves the stepfather (DEFENDANT LL) engaging in illicit sexual relations with a minor (CHILD VICTIM A). Whether the judge's decision to charge the defendant with a crime was in line with the law at hand is the wording of the research problem. Furthermore, how is the case Number 13/Pid.Sus/2023/PN Wgw analyzed using the theories of ratio decidendi and child protection? Using both a statutory and a case approach, this research methodology is normative. The Judge Panel in case number 13/Pid.Sus/2023/PN Wgw sentenced DEFENDANT LL in conformity with the law that was in effect at the time. dependent on the first alternative indictment article's definition of a criminal act, this is dependent on all of those components being met. Based on a child protection theory analysis of case number 13/Pid.Sus/2023/PN Wgw, it can be concluded that defendant LL's acts have stunted the physical, mental, and social development of child victim A. Meanwhile, the judges have examined the facts based on the evidence presented during the trial, applying the Ratio Decidendi Theory. As a result, they are confident in declaring that DEFENDANT LL has been legally and credibly proven to have committed a criminal act against CHILD VICTIM A.
The Online Loans And Protection Of Users' Personal Data: A Normative Judicial Approach Mercy Maria Magdalena
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.v23i1.5375

Abstract

Digital technology makes financial services such as online loans easier, but the risk of misuse of users' personal data by loan providers remains. Therefore, legal services are needed for education about user rights regarding personal data protection and dispute resolution. Online loans operators are obliged to protect users' personal data and provide a fair dispute resolution mechanism.Objective: The objective of this study is to investigate the protection of personal data of online loans users with law enforcement, outreach and comprehensive regulations.Theoretical Framework: The rampant use of online loans (pinjol) in Indonesia has provided easy access to finance for the community. However, behind this convenience, there are serious problems related to the protection of users' personal data. Misuse of personal data such as the spread of contact data, threats, and fraud is an issue that often arises and harms many parties. There is a connection between the technology mentioned above and economic law, which plays a very important role in regulating the balance between the interests of economic actors, including loan service providers and users.Method: The method used in this research is descriptive research with a normative juridical approach. The data source used is a secondary source. The data collection techniques used were document study and qualitative data analysis. Data collection was carried out through interviews which became supporting data. The data obtained was analyzed descriptively..Results and Discussion: The results showed that the government can ensure that loan providers comply with consumer protection regulations through strengthening regulations, intensive supervision, public education, facilitating complaints, and collaborating with related parties. Examples of concrete implementation include creating a national loan database, a 24-hour complaint hotline, and a financial literacy campaign. With these steps, it is hoped that the government will create a conducive environment for digital finance while protecting consumers. Current dispute resolution mechanisms have varying levels of effectiveness in handling cases of data privacy violations by loan providers. Factors influencing effectiveness include case complexity, public legal awareness, institutional capacity, and dynamic regulations. Available mechanisms include complaints to the OJK, mediation, civil lawsuits, and reports to the police. Challenges that need to be addressed include increasing institutional capacity, legal awareness, strengthening regulations, effective sanctions, and providing evidence. Existing mechanisms have contributed to dispute resolution, but there are still challenges that need to be overcome. To increase effectiveness, joint efforts are needed from the government, related institutions and the community..Research Implications: The implications of this research that joint efforts are needed from the government, related institutions and the community to protect users' personal data. With synergy and cooperation, it is hoped that the protection of online loans users' personal data can be significantly improved.Originality/Value: This study contributes to the literature by [highlighting the originality of the research, whether through the innovative approach, new discoveries or practical contributions]. The relevance and value of this research are evidenced by [explain how the results may impact the area of study or professional practice]. Keywords: online loans; Protection of personal data; normative juridical approach
Gratification Delics: Assessing the Existence of Legal & Moral Norms Muhammad Rusdan; Arifai Arifai; Abdul Jabar Rahim
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.v23i1.5382

Abstract

This paper aims to examine the offense of gratification when viewed from normal morals and legal norms. The results of the study show that in essence, the gratification offense is not only contrary to Article 12B of the anti-corruption law as a legal norm, but also violates moral norms. The natural law school believes that the offense of gratification is a violation of moral norms such as the value of justice, while the positivism school considers it a violation of legal norms. Ethically, the offense of gratification is an act that is inappropriate and contrary to public morality. The perpetrators of gratification offenses are driven by the nature of hedonism which only seeks outward pleasure without adhering to moral values that such actions can harm the wider community.
Legal Protection Against Consumers Who Do E-Commerce Buying and Selling Transactions Through the WeChat Platform Radea Respati Paramudhita
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.v22i3.5386

Abstract

Along with development digital technology, WeChat does not onlyfunctioning as application communication, but also as an e-commerceplatform used For transact online. This is present various challenges,including risk for consumer like fraud, personal data breaches, and lackof clarity about rights and obligations of the parties. Research Thisaiming for analyze protection law to consumer in transaction sell buythrough the WeChat platform. Research This use approach lawempirical that is a method procedures used For solve problem withresearching secondary data formerly Then to be continued with usestudy on primary data. Research carried out in the city of Bandung withgive questionnaire to respondents who have using the WeChat platformin transaction sell buy. Research results show transaction sell buythrough the WeChat platform basically similar with sell buyconventional, only done in a way electronics and have runway valid lawbased on the Civil Code and the ITE Law, with condition fulfillmentagreement free, the ability of the parties, the object certain, and lawfulpurposes. Information electronics produced acknowledged as tool prooflaw, giving certainty law for consumers and actors business . Protectionconsumer set up through the UUPK, ITE Law, and PP Number 71 of2019, which guarantees right consumer For get information transparentas well as compensation If happen loss consequence default, withsanctions firm for perpetrator business that violates the contract.electronics must also be fulfil standard law, including use Indonesianlanguage and clear provisions. Regulation This expected createecosystem safe, fair and trusted digital trading , with provide a sense ofsecurity for consumer as well as push not quite enough answerperpetrator business
Media and Press in Legal Perspective: Protecting Rights and Responsibilities in the Digital Age Mochamad Riyanto
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.v23i1.5389

Abstract

The digital age has brought significant changes in the media and press landscape, shifting the dominance of traditional media towards more dynamic digital platforms. This article aims to analyze legal protection for the media in Indonesia, identify challenges of the digital era, and explore solutions to balance press freedom and legal responsibility. Using a normative juridical approach, this research utilizes primary data from laws and regulations, such as the Press Law and ITE Law, as well as secondary data from related literature. The results show that although press freedom has been guaranteed through various regulations, its implementation still faces obstacles, including censorship, the spread of hoaxes, and media commercialization. In addition, the multiple interpretations of several articles in the ITE Law often become loopholes to limit legitimate criticism. This article highlights the importance of legal reform through regulatory updates, strengthening oversight institutions such as the Press Council, and improving people's digital literacy. The article concludes that the balance between press freedom and legal responsibility can only be achieved through a holistic approach that includes legal substance, institutional structure, and a supportive legal culture. This reform is expected to create a healthy, accountable, and democracy-supporting media ecosystem.
Land Acquisition Of Former Building Use Rights (HGB) For The Construction Of Permanent Housing After The Earthquake In Tondo-2 Area, Hammer Puguh Aji Hari Setiawan; Bernadete Nurmawati; KMS Herman; Nomensen Sinamo
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

Abstract

About 50,000 people were displaced by a 7.4 magnitude earthquake, tsunami, and liquefaction 10 km north of Palu City, Central Sulawesi Province, on September 28, 2018. The tragedy damaged many civic, social, and critical infrastructure in Palu City and nearby regions. The national government, Sulawesi provincial administration, and Palu city government are developing a relocation plan for earthquake, tsunami, and liquefaction-affected residents. This strategy will restore and rehabilitate sites like Palu City's Tondo-2 Area. To move affected residents to a safe area quickly after a disaster, land acquisition must be accelerated. This research aims to determine how the earthquake influenced the acquisition of ex-HGB land for Huntap's development in the Tondo-2 Area, Palu, and how such land acquisition was affected by the earthquake. Normative legal research is used. This study used a wide range of relevant books and scholarly papers. The Governor's development block authorized Huntap's construction in Tondo-2, as stated in Governor Decree No. 369/516/DIS-BMPR G.ST/2018, which determines the location (penlok) of land for permanent residential sites for disaster-affected communities in Central Sulawesi Province. The release or transfer of HGB from PT Sinar Putra Murni and PT Sinar Waluyo gave this 65.3-hectare state land its status. The community claims to own the land, and PT Sinar Putra Murni and PT Sinar Waluyo want compensation, which could lead to a lawsuit. Since the two firms no longer own the land, their legal chances are slim. If the firm continues to sue over land acquisition, Huntap can still be built under Law Number 2 of 2012 on Land Acquisition for Development for the Public Interest
Principles of Circumstantial Evidence in Handling Criminal Cases Hari Wibowo; Dicky Arganova A
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.v23i3.5403

Abstract

There are no provisions related to circumstantial evidence in the handling of criminal cases. However, there are several judges' decisions that use circumstantial evidence in criminal cases, so that the decision does not reach the highest degree of justice and legal certainty in a decision, because it is not based on the minimum requirement of two pieces of evidence that must be met in terms of proof to impose a criminal sentence. As for the formulation of the problem in this study are: (1) the philosophy of circumstantial evidence from the perspective of criminal procedural law. (2)ius constituendum application of circumstantial evidence in the process of proving criminal cases. This research is a normative research, which is a technique or procedure of review based on several legal principles, legal principles, and legal principles relating to the substance of legislation that is general and specific in nature in order to answer the legal issues raised.Keywords: Circumstantial Evidence, Criminal Cases
A Critical Review of The Application of Witchcraft Laws in The New Criminal Code (Exploring The Implications of Article 252 of Law 1 2023 and its Impact on The Judicial System in Indonesia) Elvi Susanti Syam; Fachmi Jambak; Ahmad Rustan; Herman Herman; Fachrur Razy Mahka
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.v23i3.5412

Abstract

This study intends to assess the legal effects and effectiveness of the application of sanctions against witchcraft offenses under Article 252 of law no. 1 year 2023 in the social and legal setting in Indonesia. The study primarily concentrated on the regulation of witchcraft offenses within the new criminal legislation, the issues associated with proof, and the societal ramifications of enforcing these penalties. The study method adopted is normative legal method with descriptive-analytical approach. The data sources comprise main and secondary legal literature, encompassing statutes, books, scholarly journals, and pertinent articles. The findings indicate that while Article 252 of legislation 1/2023 establishes a legal foundation for activities concerning supernatural powers, the implementation of this article encounters significant obstacles, particularly with evidentiary requirements. The formal offense established in this article does not require proof of the manifestation of physical or mental repercussions, but rather stresses the declaration of the perpetrator who has supernatural powers. On the other hand, there is the potential for abuse of this item in society, which might generate horizontal disputes. The efficacy of sanction implementation relies on the accurate comprehension of its boundaries and objectives by law enforcement authorities and the public.

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