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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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.
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Articles 1,613 Documents
Conceptualization Of Regulations On The Use Artificial Intelligence Technology In Indonesia Mariyam, Siti -
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.v23i3.3491

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. 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.v23i3.3728

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. 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.v23i3.3911

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. 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.v23i3.3922

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. 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.v23i3.3953

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.
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. 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.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. 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.v23i3.4046

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. 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.v23i3.4072

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. 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.v23i3.4103

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. 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.v23i3.4114

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.

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