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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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Legality and Legal Protection of Marriages for Believers in the Almighty God in Central Java Siswanta, Anggitariani Rayi Larasati
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.v23i2.4032

Abstract

According to data from the population census in 2022, there are 117,412 Indonesians who followed Believers in the Almighty God. Subsequently, the government must pay attention in the legality of marriage between believers. This research aims to analyze the legality and legal protection of believers in Central Java. Normative juridical research methods use secondary and primary data as support. The study's findings demonstrate that the legality of marriages of believers is already acknowledged. Problems arose when the Supreme Court Circular Letter No.2 of 2023 was issued because the state forbids marriages between individuals of different religions and beliefs. However, there are still marriages with different beliefs because the marriage registry will only record the marriage formally through the National Identity Card of the prospective bride and groomwhich only list the adherents of the belief even though their beliefs differ. Another problem is when the belief organization has not been registered, the marriage cannot be registered, because to register the marriage is the Certificate from the Belief Leader and proof that the belief organization has been registered.
The Validity of E-Commerce Sales Under Islamic Law Daradjat, Reza Fasha; Firdaus, Sunny Ummul; Mulyanto, Mulyanto -
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.v23i3.4046

Abstract

This study examines and analyzes the validity of e-commerce sales agreements in the context of Islamic law. The method used in this study uses normative research with a legislative approach, by studying primary and secondary legal materials. The findings of this study indicate that the advances in technology and information encourage merchants to innovate in transactions. E-commerce is any form of trade transaction or business of goods or services using electronic media without face-to-face alternating with modern ways of working using existing technological developments. (tidak bertatap muka). In Islam, the terms of an agreement include: bekwaamheid, toesremming, bepaalde onderwerp, and the existence of a justified cause (georloofde oorzak). The application of E-Commerce that utilizes technological advances in the creation of authentic acts in the cyber world under Article 15 paragraph (3) of the UUJN opens the opportunity to be organized, plus the existence of the ITE Act on the arrangement of electronic transactions, electronic documents and digital signatures. Meanwhile in E-Commerce in the view of the principles of Islamic law referring to the Quran and Hadith, its implementation can be carried out with the principle of mashlahah because of human needs in accordance with the demands of the development of an era that is always developing dynamically by means of interpretation ijtihad both textual and contextual. Islam is a religion that appreciates modernization as long as it must remain in accordance with the values of Islamic Shariah.
Criminology Study of Perpetrators of Threats and Defamation Crimes on Social Media Based on ITE Law NO 11 of 2008 wiranda, aditya nefa; Prasetyoningsih, Nanik
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.v23i3.4072

Abstract

This research aims to analyze Criminological Studies on Perpetrators of Threats and Defamation Crimes on Social Media Based on the ITE Law NO 11 of 2008. Furthermore, this article uses normative legal methods. The research attempts to examine all laws and regulations related to legal issues being researched. Thus, this research will involve an in-depth analysis of Law No. 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and other related regulations and regulations relating to criminalizing perpetrators of crimes of threats and defamation on social media. This research shows that defamation is a detrimental and often disturbing societal act. Various motives and factors can encourage someone to carry out these actions, ranging from personal or emotional motives to power and control. In the digital era, threats and defamation through electronic media are increasingly becoming an urgent problem, with laws such as the ITE Law No. 11 of 2008, which provide a clear legal basis and strict sanctions against perpetrators. The law protects individuals in maintaining their good name and reputation in cyberspace. With heavy criminal sanctions, it is hoped that law enforcement against criminal acts of defamation can be more effective, provide justice for victims, and prevent cases like this in the future.
A CRIMINOLOGICAL STUDY OF PEDOPHILIA CRIMES IN THE JURISDICTION OF THE BALI POLICE FORCE Saraswati, Putu Sekarwangi; Sudiana, A.A. KT.; Susrama, I Nengah
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.v23i3.4103

Abstract

Sexual crimes nowadays do not only occur to adult victims, but also to children. Of course this will endanger the growth and development of children as the next generation of the nation. In order to prevent pedophilia cases against children, families and all levels of society play an active role in paying attention, protecting and protecting from treatments such as discrimination, exploitation, neglect, cruelty and injustice. The purpose of this study is to provide countermeasures taken to prevent the crime of pedophilia against children in Bali. Assistance for children in the examination process at the police until trial in court is expected to be able to improve the child's mentality and reduce the psychological impact of the pedophilia case that befell him. The research method used is empirical legal research method, the data processing and analysis used in this research is qualitative analysis. The final results of this comprehensive study are formulated to determine and analyze the factors causing the rampant crime of pedophilia and its implications for child victims, especially in the jurisdiction of the Bali Police as well as the obstacles faced in handling pedophilia cases.
Artificial Intelligence-Based Crime Prevention Policy in Indonesia furkan, ali; Susila, M. Endriyo
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.v23i3.4114

Abstract

Artificial intelligence (AI) technology has become a major subject in security and privacy issues in the digital era. This article aims to explore the impact of the use of AI technology on crime and law enforcement, with a focus on the Indonesian context. This research uses a descriptive analytical approach to evaluate trends and impacts of using AI in crime prevention. Data was collected through literature studies and analysis of policies and regulations related to AI and law enforcement in Indonesia. The analysis results show that the use of AI technology in law enforcement in Indonesia has increased significantly over the last few years. This is reflected in the number of incidents and controversies involving AI, as well as in the implementation of policies and regulations governing its use. While AI offers great potential in supporting crime investigation and detection, challenges related to privacy, fairness, and accountability also arise as it develops. The use of artificial intelligence technology in law enforcement in Indonesia raises a number of impacts and challenges that need to be considered. Despite its potential to increase the effectiveness of law enforcement, protecting privacy and human rights must be a primary focus in the development and implementation of AI technologies.
Conceptualization Of The Protection Of Human Rights For Victims Of The Crime Of Trafficking In Indonesia Hilman, Zihan Maulida Mulyani; Prasetyoningsih, Nanik
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.v23i3.4172

Abstract

The criminal act of human trafficking has caused suffering because it is a crime that violates human dignity, and so the crime is included in the category of serious crimes. The aim of this research is: This research aims to find out and examine the concept of the criminal act of trafficking in persons in Indonesia, to find out and examine the weaknesses in the arrangements for protecting the human rights of victims of the crime of trafficking in persons in Indonesia, and to find out and examine the conceptualization of the protection of the human rights of victims. Criminal act of human trafficking in Indonesia. This research is a type of normative-empirical legal research that examines the legal problem of human trafficking with a multidimensional approach. The research results show that protecting human rights for victims of human trafficking in Indonesia involves various parties and requires a holistic approach. Despite significant efforts, protection limitations remain, including service, compensation and return costs. Further efforts are needed to address these challenges and ensure maximum protection for victims while continuing to evaluate and monitor for continuous improvement.
Analysis of the Ranau Community's Traditional Inheritance System from an Islamic View Anggriani, Jum
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.v23i3.4205

Abstract

Pelaksanaan pembagian warisan di Indonesia tidak hanya menggunakan satu aturan hukum saja, namun dapat menggunakan beberapa aturan. Masyarakat di Indonesia diberikan pilihan untuk memilih menggunakan hukum waris nasional, sesuai agama, atau pembagian adat. Penelitian ini menekankan pada pembagian warisan dalam ranah hukum adat dalam kaitannya dengan perspektif pembagian warisan dalam hukum Islam. Objek penelitian ini adalah masyarakat adat di Ranau, Kabupaten Ogan Komering Ulu Selatan, Provinsi Sumatera Selatan. Hukum waris adat Ranau terjadi karena perkawinan yang menggunakan hukum adat Semanda dan hukum adat Uangdua. Hukum adat Semanda adalah pihak mempelai laki-laki diambil oleh keluarga pihak perempuan, sedangkan hukum adat Mutudau adalah pihak mempelai perempuan diambil oleh pihak laki-laki. Akibat hukum dari kedua adat tersebut mengakibatkan hilangnya hak waris bagi calon pengantin yang melaksanakan adat semanda atau adat mutuduu. Berdasarkan latar belakang di atas maka permasalahan dalam penelitian ini adalah bagaimana sistem pembagian warisan pada masyarakat Ranau dan bagaimana pembagian warisan dalam adat Ranau dilihat dari sudut pandang hukum Islam. Untuk menjawab permasalahan tersebut, penelitian ini menggunakan metode deskriptif kualitatif yang menganalisis hukum adat Ranau berdasarkan penerapan hukum waris Islam. Hasil dari penelitian ini adalah pembagian harta warisan berdasarkan adat Ranau yaitu sistem adat Semanda dan sistem adat Mututdau sudah dilaksanakan sejak lama dan diwariskan secara turun temurun, padahal mayoritas orangnya beragama Islam. Kesimpulan kedua, penerapan hukum adat Semanda dan Mutudau dalam hukum waris bertentangan dengan hukum waris Islam.
The Meaning Of Filling The Position Of Regional Head Democratically Under The Provisions Of Article 18 Paragraph (4) Of The 1945 Constitution Maranjaya, Abdul Kahar
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.v23i3.4223

Abstract

The various laws governing local elections are; i).Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law. ii).Law of the Republic of Indonesia No. 8 of 2015 on amendments to Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law; iii). Constitutional Court Decision No. 100/PUU-XIII / 2015 related to the law of the Republic of Indonesia No. 8 of 2015 on amendments to Law No. 1 of 2015 on the determination of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law; iv). Law No. 10 of 2016 on the Second Amendment To Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law v). Law No. 6 of 2020 on the establishment of government regulations in lieu of Law No. 2 of 2020 on the Third Amendment to Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law into law. The research method used is normative legal research with a statute legal approach and a conceptual approach. the results of this study are Head Department filling model Regions experienced changes from time to time influenced by the political law of forming laws, regional privileges, and regional autonomy system adopted by the prevailing regime of government. Provisions on filling the position of Regional Head contained in Article 18 paragraph (4) of the law of the Republic of Indonesia in 1945, not should be interpreted by direct election by the people in each region, but can different, especially for special areas.
Comparison Of Polygamy Laws Between Indonesia, Egypt And Kenya Maswandi
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.v23i3.4224

Abstract

Polygamy is a marriage in which one of the parties having or marrying someone of the opposite sex simultaneously. Experts distinguish the term for a man who have more than one wife with the term polygyny and for a women who have more than one husband use the term polyandry. Therefore, a marriage performed by a man who have more than one wife at the same time called polygyny is not polygamy. Polygamy in Indonesia is regulated in the Marriage Act 1974, KHI and Government Regulation No. 9 of 1975 on the implementation of the law Article 9/1975), for the country of kenya mentioned in Article 49 paragraph 3 of the Kenya Marriage Act of 2014 as well as the law EgyptArticle 11 of Bis law No. 25 of 1929 as amended by law No. 100 of 1985. The research method used is normative legal research with a statute legal approach and a conceptual approach. Results: Indonesia allows polygamy with the permission of the wife and the Religious Court as a form of legal order with maximum limit of four wives, in accordance with the rules contained in the act marriage law and KHI. The Marriage Act of Kenya allow polygamy with the provisions included in the marriage potentially polygamous or polygamous as well as only require voluntary between men and women who will marry without setting limits on the number maximum in polygamy while enurut law Egypt Article 11 Bis of Law No.25 of 1929 as amended by Law No.100 of 1985 husband he must inform his first wife in court of the want to do a second marriage
Comparison of Rape in Indonesian Positive Law, Islamic Law and South Korean Law Sitompul, Mhd. Nasir; Iskandar Muda Sipayung; Aisyah; Rilawadi Sahputra; Dody Safnul
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.v23i3.4225

Abstract

This paper initiated the study of Comparative Law in criminal rape. The crime of rape is a crime as a violation of human rights. Rape is a form of crime that causes loss and anxiety in the community, rape often occurs but is always difficult to prosecute because one of them is the reluctance of victims to report it, this is because there is still a culture of shame attached to the community. Each country has its own atauran in handling and tackling rape cases that occur in the country. In making a legal comparison, of course, what is interesting to compare is the comparison with other countries that adhere to the civil law legal system and other countries that adhere to the common law system. This study uses normative research methods with legislation and conceptual approach. There are similarities and differences in the criminal regulation of rape in positive law in Indonesia , Islamic law and statutory rape in South Korea. The similarities lie in: first, the arrangements regarding rape by force or threat of violence; Second, The Rape of minors. While the differences that can be compared are: 1) rape of disability; 2) the element of consent; 3) length of punishment; 4) the object of Rape; 5) Blood rape; and 6) rape in marriage (marital rape).

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