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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 Against Consumers Who Do E-Commerce Buying and Selling Transactions Through the WeChat Platform Paramudhita, Radea Respati
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 Riyanto, Mochamad
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 Setiawan, Puguh Aji Hari; Nurmawati, Bernadete; Herman, KMS; Sinamo, Nomensen
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 Wibowo, Hari; Arganova A, Dicky
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.v23i3.5403

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) Syam, Elvi Susanti; Jambak, Fachmi; Rustan, Ahmad; Herman, Herman; Mahka, Fachrur Razy
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.v23i3.5412

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.
Law Enforcement against Perpetrator Disposal Toxic And Hazardous Waste Not in Accordance with Management in Karawang Regency Rahmatiar, Yuniar
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.v23i1.5414

Abstract

Indonesia's rapid economic development like two sides mutually exclusive currencies depart behind. In one side This development can be give welfare and prosperity for all over society, on the other hand development economy give bad impact especially in matter pollution and damage environment. Not a few We Look damage environment in various the area that is currently develop rapid including in Karawang Regency. One of reason pollution and damage environment caused by waste material dangerous and poisonous or the usual We know with toxic and hazardous waste. Toxic And Hazardous waste that is managed in a way No appropriate can impact Serious to environment and health society, so that need firm and effective handling. Research This aiming For analyze enforcement law to perpetrator disposal Hazardous and Toxic Materials) waste that is not in accordance with applicable governance, and identify factor obstacles and efforts made For overcome problem The research method used is approach legal normative, with analyze regulation relevant legislation, studies cases, and documents law others. Research results show that Enforcement law to perpetrator disposal Hazardous and Toxic Materials waste in Karawang Regency is very important For prevent pollution environment and protect health society. Law Number 32 of 2009 and Regulations Government Number 101 of 2014 has arrange obligation management Toxic and Hazardous waste with permission as well as give sanctions firm for violations. However, the elimination of Article 102 through Job Creation Law weaken effort enforcement law with remove sanctions criminal, so that potential increase risk pollution. Toxic And Hazardous waste that is not managed with Good can pollute land, water and air, damaging ecosystem, reducing productivity agriculture, as well as trigger disturbance health Serious like disturbance breathing, organ damage, to disease chronic. Impact This confirm importance management good toxic and hazardous waste and enforcement effective law For guard sustainability environment and health public.
From Ideology to Electability: The Implications of Non-Cadre Candidate Recruitment on PKS's Strategy and Efforts to Become an Open Party Prayitno, Adi
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.v23i3.5416

Abstract

This study discusses the recruitment strategy of non-cadre legislative candidates carried out by the Prosperous Justice Party (PKS) in the 2009 Legislative Election. As a cadre-based party, this step is a significant innovation in the history of PKS. The research uses a qualitative approach with an analytical descriptive method, utilizing in-depth interviews with resource persons and analysis of related documents. The results of the study show that the recruitment policy of non-cadre candidates is influenced by several main factors. First, efforts to increase electability in non-PKS base areas. Second, recruiting figures who are considered capable of making a significant contribution to the party's goals. Third, an experiment to make PKS a more open party. Finally, pragmatic reasons such as the party's financial needs. However, this step caused various criticisms, both from internal and external circles, because it was considered contrary to the principle of the cadre party that prioritized internal cadres. Theoretically, this policy reflects a change in the character of PKS from party ideology to more pragmatic. This research highlights the importance of balancing political pragmatism and ideological consistency in maintaining party cohesion. These findings are relevant to understand the dynamics of political parties in Indonesia, especially in facing the challenges of political modernization.Keywords: Political recruitment, non-cadre candidates, PKS, 2009 elections, cadre parties, political strategy.
Islamic Law and Business Ethics: Building Trust Through the Principles of Justice Valentina, Kadek Mutiara; Kurniawan, I Gede Agus
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.v23i3.5417

Abstract

Islamic law and business ethics have an important role in creating a fair, transparent and sustainable business environment. One of the main principles contained in both is justice, which is the basis for building relationships of mutual trust between individuals, companies and society. In the perspective of Islamic law, justice is realized through equal distribution of rights, avoidance of injustice such as usury, gharar and maysir, as well as fair treatment of each party involved in the transaction. In addition, Islamic law emphasizes the importance of accountability, fair dispute resolution, and respect for workers' rights. The application of Islamic business ethics in sharia marketing strategies is a crucial element that must be considered by business actors to achieve sustainability and build consumer trust. Islamic business ethics focuses on the principles of justice, transparency and social responsibility, which are in line with sharia values. Although the application of this principle of justice faces challenges, such as differences in understanding, limited resources, and incompatibility with the country's legal system, its application also opens up great opportunities to improve company reputation, strengthen customer loyalty, and create a fairer and more sustainable market. Overall, both Islamic law and business ethics emphasize the importance of the principles of justice to build trust which is the basis of healthy and sustainable relationships in the business world. Applying this principle of justice not only provides benefits for the parties directly involved, but also contributes to the welfare of society as a whole. understanding and applying the principles of justice and responsibility in business, especially in sharia economics. Thus, Islamic business ethics becomes a strong foundation for managing business sustainably and building a just and prosperous society.
Strengthening Consumer Legal Protection Related to Real Estate Marketing in Pre-Project Selling Anitya Maharani, Ni Putu; Kurniawan, I Gede Agus
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.v23i3.5420

Abstract

AbstrakIn recent years, housing and property development in Indonesia has seen a rapid increase, accompanied by the growing population. Pre-project selling is a strategy where developers sell real estate before construction is completed or even before it begins. This system involves offering consumers concepts, images, and information related to size, location, and promised facilities. Although this method helps developers reduce construction costs, it poses legal risks for consumers, such as design discrepancies, material quality issues, changes in specifications, and delays in obtaining building permits. To protect consumers, the Sales and Purchase Binding Agreement (PPJB) is used as a legal instrument that binds the rights and obligations of both parties, providing legal certainty in real estate transactions. The main focus of the research is to ensure consumer rights protection through the proper application of PPJB in accordance with applicable legal regulations.
Considering Health Criminal Law: The Intersection Between Medical Ethics and Social Morality Cahyaningrum, Luh Made Ari; 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.v23i3.5421

Abstract

Health criminal law in Indonesia is part of the legal system which aims to protect the public from medical practices that violate the law or endanger health, as well as an effort to maintain professionalism in health.  Several examples of cases that violate health criminal law in Indonesia often occur, such as medical malpractice, illegal abortion, and illegal organ and drug trafficking. Therefore, medical personnel are expected to act in accordance with professional ethical standards and respect patient rights, as well as be responsible for medical decision making. Overall, health criminal law in Indonesia has an important role in ensuring protection for patients and maintaining professional standards for medical personnel. However, regulatory challenges and the intersection between medical ethics and social morality often become obstacles to its implementation, requiring policies that are more responsive and balanced to the needs of society and medical personnel.

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