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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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Legal Protection of Protected Animals from Illegal Trade as an Effort to Maintain Environmental Conservation ETIKA, TAKARIADINDA DIANA; RAHARJA, SUNARYA; HARTANTI; SULISTYANINGSIH, ENDANG; WIDYATAMA, YUSA PUTRA; TAMTAMA, ARGA SYA’BAN
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.v23i3.5299

Abstract

The research entitled "Legal Protection of Protected Animals from Illegal Trade as an Effort to Maintain Environmental Conservation" aims to 1) find out and analyze legal protection for protected animals from illegal trade as an effort to preserve the environment. 2) analyze the execution process carried out towards  the judge's decision regarding illegal animal trade. The research method used is normative legal research, using a juridical approach, primary data obtained from interviews with secondary legal materials (books and other related literature), and tertiary legal materials (internet), data collection techniques in the form of interviews and literature studies, and Data analysis is in the form of qualitative descriptive. Based on the results of the research and discussion, it was concluded that 1) efforts to legally protect protected animals are not only through enforcing applicable laws and regulations, but can also be done through approaches and raising awareness in  Special Region of Yogyakarta citizen through outreaching activities and information about the importance of preserving animals and understand the types of animals that are protected. 2) the process of executing the judge's decision regarding illegal animal trade is different from that of human victims because it requires special treatment, especially for animals that are still alive, by handing over protected animals to the Natural Resources Conservation Center  Special Region of Yogyakarta for care and restoration of their condition before being returned to their habitat.
Analysis of Comparative Studies of Political Gerontocracy in the World of the United States, Africa, Venice, Turkey Pugu, Melyana R
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.v23i1.5302

Abstract

The purpose of this study is to find out the Analysis of Comparative Studies of Political Gerontocracy in the World of the United States, Africa, Venice, Turkey. Because these four countries have geopolitics that are very interesting, we know it as a study for other governments. The method of this research is In this study, the author optimally uses two data sources related to this research, namely. Primary data sources and secondary data sources. The main source of this research is books and scientific journals on Political Gerontocracy in the World. At the same time, this research is supported (secondary) by other works of thought related to politics in the United States, Africa, Venice, Turkey. The results of this study that gerontocracy can provide political stability and wisdom in decision-making such as gerontocracy in the United States brings benefits in terms of stability and experience, but also poses a major challenge related to policy relevance. Then gerontocracy in Africa created long-term stability in some countries, but also hampered dynamic political, economic, and social development. While many senior leaders are considered historical figures and have great influence. The continued gerontocracy in Italy creates challenges for a more dynamic and diverse leadership regeneration. However, with support for reforms from young people and pressure to create more inclusive policies, Italy has an opportunity to improve its political system. And the gerontocracy in Turkey provides stability in the face of major challenges, but it also brings obstacles to political regeneration and policy innovation.
Pyramid Scheme Crime: Problems and Oversight in Indonesia Heru Yuwono, Teguh Basuki; Kharisma, Dona Budi
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.v23i3.5322

Abstract

Investment-based crimes in Indonesia are very high. Data from the Indonesian Financial Services Authority (OJK) in 2023 stated that the total value of public losses due to investment crimes from 2018 to 2022 reached IDR 126 trillion. Various models of investment crimes that are often carried out include illegal futures brokers, illegal investments, forex, and binary options carried out with pyramid schemes or Ponzi schemes. The data indicates that there are problems in handling crimes with pyramid schemes. This research is normative legal research that uses the statute approach method. The legal materials used include primary legal materials and secondary legal materials related to investment crimes. Based on the results of the study, it was found that there are various legal problems in handling crimes with pyramid schemes, including weaknesses in the formulation of regulations. The Trade Law still has limited reach both in terms of subjects and objects which can lead to weak law enforcement. Therefore, it is recommended for relevant stakeholders to reformulate the Trade Law that can accommodate broader subjects and objects.
Legal Analysis And Problems of The 2024 Simultaneous General Elections In Indonesia: Implementation Strategies And Their Implications For Democracy Madakarah, Finradost Yufan; Wisnaeni, Fifiana
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.v23i1.5332

Abstract

Simultaneous general elections in 2024 in Indonesia are expected to improve the quality of democracy and public participation. However, its implementation was faced with various challenges, including problems with the implementation, participant participation, and errors in vote counting. This research aims to identify the basis of election law, explore the problems that arise, and develop effective resolution strategies. Through normative analysis and sociological juridical approaches, this study finds that the orientation of organizers, the preparation of attributes, and adequate infrastructure facilities are the keys to overcoming problems. The implications of this election include improving the quality of democracy, higher public engagement, and transparency and accountability in the electoral process. The results of this research are expected to provide insights and recommendations for election organizers and other stakeholders to create more democratic elections
Analysis of Corruption Crimes for the State's financial losses bachri, syamsul
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.v23i3.5337

Abstract

This study analyzes the effectiveness of criminalizing corruption in an effort to restore state financial losses. Corruption not only damages the integrity of the government system but also causes huge losses to the country's finances which negatively impacts economic and social development. This study examines criminal law policies in Indonesia related to corruption, including the application of criminal sanctions in the form of imprisonment, fines, and asset confiscation as an effort to recover state losses. The method used in this study is a literature study and juridical analysis of anti-corruption laws, especially Law No. 31 of 1999 jo. Law No. 20 of 2001. In addition, this study highlights the importance of harmonization of national law with international law to make it easier to track corruption assets abroad and the need to increase the capacity of law enforcement officials so that criminal justice runs effectively. With the results of the return of state losses in corruption crimes in Indonesia, it is comprehensively regulated to ensure that the state recovers some or all of the financial losses incurred. Sanctions in the form of fines, return of losses, and confiscation of assets are the main instruments applied. In addition, cross-agency cooperation and international coordination also play an important role in supporting the optimization of loss rest. The capacity of law enforcement officials needs to be improved, including training in asset tracking and handling of complex cases to make the legal process run professionally
Government Discretionary Authority: Legal Framework and Control Mechanisms in Indonesian Administrative Law Thio, Ricky; Wagiman, Wagiman; Sibuea, Hotma Pardomuan; Khalimi, Khalimi
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.v23i3.5345

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 Durianto, Darmadi
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.v23i3.5364

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) Saritma, Yogi Witma; Faisal Abdaud; Rahim, Abdul Jabar
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 Magdalena, Mercy Maria
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 Rusdan, Muhammad; Arifai, Arifai; Rahim, Abdul Jabar
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.

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