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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 1,631 Documents
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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. 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.
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. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5416

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.
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. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5420

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. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5421

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.
Conceptualization Of Regulations On The Use Artificial Intelligence Technology In Indonesia Mariyam, Siti -
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.3491

Abstract

Artificial Intelligence (AI) has become an integral part of everyday life, and this technology has now transformed the way we work and has controlled various industries and sectors of human life. The potential benefits of AI today are enormous, including increased efficiency, productivity, and innovation. However, the use of AI also raises concerns about ethical, legal, social, and privacy issues for society. This paper aims to measure the benefits of AI in human life, the urgency of regulating the use of AI technology, and the concept of regulating the use of AI in Indonesia. This paper reviews various literature and studies related to AI and its impact on society. The results show that AI has the potential to bring significant benefits to human life, but its unregulated use can also pose significant risks. Therefore, it is important to establish regulations that address AI concerns from ethical, legal, and social perspectives. This paper also proposes a concept of regulating AI in Indonesia that includes general requirements, development to use and sanctions, and AI use must also uphold ethical and legal principles, such as transparency, accountability, and human rights protection. This paper emphasizes the importance of balancing the benefits and risks of AI to ensure safe and responsible use in society.
Risk Mitigation of Notarial Practical Through The Notary Responsibility Release Clause Diana, Yessica
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.v23i3.3728

Abstract

The widespread of notary criminalization recently proves legal protection for notary in Indonesia is still unstable. One risk mitigation that could be used to emphasize it is by implementing the Notary Responsibility Release Clause in each created deed. Therefore, the research is needed regarding the implications of applying the Notary Responsibility Release Clause to ensure a consistent understanding of law enforcement in Indonesia. The purpose of the research is to elevate the issue of how the implications of the Notary Responsibility Release Clause should be interpreted and fully applied, especially in notarial practical and generally in law enforcement practices in Indonesia. The research method in this article is doctrinal. The research typology is descriptive-analytical research using secondary data through document study. This research aims to find the necessity of implementing the Notary Responsibility Release Clause as legal protection for notary whose duties are based on good faith, the rule of law, and professional ethics. Also, it creates clear limitations regarding the notary's responsibility in facing demands or legal claims caused by notary act based on good faith yet causing unintended consequences for the client. Thus, a good faith notary could be protected in fulfilling their official duties.
The Problem Of The Authority To Determine The Financial Losses Of The State On State Owned Enterprises (BUMN) Hakim, Lukmanul; Farida Kaplele
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.v23i3.3911

Abstract

This paper discusses the problems in determiningwhich institutions have the authority to determine thefinancial losses of the state to state-owned enterprises.Even though in existing legislation such as Law No. 15of 2006 on the Supreme Audit Agency which regulatesthe authority of the Supreme Audit Agency (BPK) andthe decision of the Constitutional Court (MK) No. 25of 2016 basically states that related to the calculation ofstate financial losses carried out by the BPK or otherinstitutions as long as declared by the BPK, but inpractice it is still found the fact that law enforcers suchas investigators and public prosecutors ignore thisprovision for various reasons. Therefore, this paperaims to reaffirm the authority of institutions that havethe authority to determine state financial losses to stateowned enterprises based on existing legislation. Thisstudy uses the type of normative legal research. Theproblem approach used in this study includes statuteapproach, conceptual approach and case approach.
The Role Of The State In Conducting Civil Suits In The Results Of Corruption Controlled By The Heirs Of The Perpetrators Of Corruption Sitompul, Ariman
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.v23i3.3922

Abstract

Corruption is a very serious problem because it harms the country's finances. By therefore, several measures are needed to restore the financial losses of the state by make money payments in lieu of loss of state assets. This study aims to determine responsibility of heirs in the return of state assets from corruption committed by parents who have died and analyze the mechanism of payment of replacement money return of state assets resulting from corruption. This study uses normative research with a legal approach. The analysis showed that the responsibility of heirs in return of state assets, depending on the evidence of court decisions and mechanisms regarding replacement money in the return of state assets in accordance with the amount of property convicted of corruption. In other words, the mechanism substitute money for the return of state assets from the proceeds of corruption in Law Number 31 Year 1999 Jo Law No. 20 Of 2001 On The Eradication Of Corruption explain corruption convicts are obliged to pay the amount of replacement money according to the results of the corruption by convict. Conclusion that the state financial losses caused by corruption convicts who have the deceased is transferred to his heirs according to the evidence in the court decision.
The Problem Of Protecting The Rights Of Women Victims Of Sexual Violence: Between Islamic LawAnd National Law In Indonesia Rahmi, Atikah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.3953

Abstract

The problem of sexual violence against women occurs in all walks of life, while the protection of victims has not been met. The rights of victims of sexual violence as an injured party due to the actions of perpetrators receive less attention and are often neglected. Various efforts to provide justice, protection and recovery to women victims of sexual violence continue to be carried out, but obstacles and challenges make victims marginalized from justice, protection and recovery that should be obtained. The research method used is juridical normative. The results showed that the protection of women victims of sexual violence based on the National Criminal Law includes; physical protection, fulfillment of procedural rights, legal protection, medical, psychological, psychosocial rehabilitation, compensation, compensation and/or restitution seen from the perspective of Islamic law is an urgent matter and a necessity because the actions of perpetrators of sexual violence are contrary to the Constitution and the dignity of humanity which has a tremendous impact on victims.

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