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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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Aligning National Legal Development with Local Wisdom: A Study in the Special Region of Yogyakarta Supono, Supono; Prasetyoningsih, Nanik; Adilah, Indira Naquita
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.v23i3.4346

Abstract

This research aims to detail and explain the alignment of national legal development with local wisdom, focusing on case studies in the Special Region of Yogyakarta. Through this review, this research seeks to provide a deeper understanding of how national law can be integrated with the rich local values in DIY. The method used in this research is a qualitative approach that involves several data collection techniques, including literature study, observation, and stakeholder interviews. The research results show the relevance and positive impact of aligning national legal development with local wisdom in the Special Region of Yogyakarta (DIY). By analyzing the role of local wisdom in developing national law, this research highlights the integration of traditional values with legal principles that apply nationally. The contribution of local wisdom, such as the spirit of justice, deliberation for consensus, and respect for human rights, has been proven to encourage the creation of an inclusive and effective legal system. In implementing legal development, the principle of legal pluralism is the primary basis, enabling the implementation of various dispute resolution mechanisms and natural resource management that respect cultural diversity and local values. This research also highlights concrete efforts in integrating local wisdom in national legal development, such as developing customary law that is in harmony with national law, integrating local wisdom in legal education, and empowering communities in applying traditional values in dispute resolution.
Factors Influencing the Implementation of Detention Care Policy in the Environment of Banten Regional Police Department Prayoga, Bayu Febrianto; Zulkarnain, Annas; Arya Anjaya, I Gusti Ngurah Agung; Kurniawan, Nur Arief
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.v23i3.4399

Abstract

This study emphasizes the importance of the factors that influence the implementation of prisoner care policies that involve important and strategic components in supporting efforts to effectively implement prisoner care policies. The study uses a quantitative research approach to collect accurate and unbiased data. It involves a sequential explanatory strategy for data analysis and requires a minimum sample size of 60. The research includes 175 Polri members, 57 detainee families, and 114 detainees. Data collection is done through direct visits, and analysis techniques include descriptive statistics, Kruskall Wallis Difference Test, Spearman Correlation, and inferential statistics. Measurement validity is tested using AVE and factor loading, while reliability is assessed through Cronbach's Alpha. The structural model evaluation is based on R2 and path coefficient values. The results of this study indicate that all of the research hypotheses were accepted. Suggestions that can be given to related parties are improving communication, resources, disposition and bureaucratic structure and implementing transformational leadership styles so that the implementation of optimal prisoner care policies.
Investigation Of The Status Of The Natuna Marine Zone And Indonesian Oceanic Defense Technique Within The South China Ocean Debate Haryani, Tinok -; Setiyono, Joko -
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.v23i3.4429

Abstract

A country's borders and area have a huge affect on its sway. Proprietorship debate are a common source of regional clashes, especially in oceanic locales. Particularly, China's claims to the South China Ocean and Indonesia's sea sway within the Natuna Ocean cover. The reason of this investigate is to donate a more exhaustive understanding of the state of undertakings within the Natuna Ocean locale as well as Indonesia's eagerly for sea defense in connection to the South China Ocean struggle. Utilizing regulating lawful audit procedures, this examination was made. This ponder highlights Indonesia's oceanic sway based on related national laws and the 1982 UN Tradition on the Law of the Ocean (UNCLOS). In any case, China claims sway over the locale utilizing the Nine Dabbed Line Outline. In order to protect its sway and marine security within the Natuna Ocean, Indonesia must act rapidly to address this matter by reinforcing its equipped powers and discharging a challenge note. In this way, settling this oceanic debate and supporting Indonesia's position in ensuring its sway depend on an mindfulness of and adherence to worldwide law. 
Small-Scale Artisanal Mining Access Rights: Framing the Welfare State in Realising Social Justice Rohman, Arif; Syafruddin, Syafruddin; Zein, Yahya Ahmad; Silviana, Arina
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.v23i3.4446

Abstract

Natural resources are utilized for the development and community welfare. Economic potential, however, is made easy by the community so that illegal mining occurs, even though the government accommodates access rights for the community. The purpose of this article is to analyze the existence of rights for the community to access minerals and coal mining. The approach used is a doctrinal approach. The research results: first, limitations and permit procedures become obstacles to individual access. Secondly, post-mining environmental restoration is imposed on local governments so that it becomes a tug of war in considering economic potential and post-mining obligations, which ultimately hinders the fulfillment of community access rights. As a welfare state, government policies related to this matter should consider allocating community mining areas with potential mineral content and preparing human resources through training to create security for the community and awareness of environmental damage.
Comparative Study of the Transformation of Legal Methods in Implementing Online Marriages Between Indonesia and Singapore from a Positive Legal Perspective Maskanah, Ummi
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.v23i3.4448

Abstract

This research explores the use of information technology in carrying out marriage contracts, especially via video teleconference, which has become commonplace during the COVID-19 pandemic. An example of an online wedding includes a couple from Singapore who were permitted by the Registry of Marriages (ROM) to have a virtual ceremony. In the context of Islamic law, a marriage contract via teleconference shows the flexibility of sharia in facing changing times, with the concept of mashlahah (benefit) which allows reform and reinterpretation to achieve benefits. In Indonesia, although the Marriage Law does not explicitly regulate marriage via telecommunications, the decision of the South Jakarta Religious Court No. 1751/P/1989 became jurisprudence that recognized the validity of online marriages as long as the identities of the parties involved could be ascertained. Article 14 of the Compilation of Islamic Law (KHI) requires the presence of the bride and groom, guardians, witnesses, and the marriage contract in one assembly, which in teleconference conditions can be fulfilled with real-time images and sound. In Singapore, virtual marriages are officially regulated by law which allows marriage ceremonies to be conducted online with witnesses and guardians present virtually. A comparison between the two countries shows that although the technical procedures are similar, Singapore has clearer and more structured regulations compared to Indonesia. This research highlights the importance of legal flexibility and adaptation to social dynamics, ensuring that legal processes remain relevant to current developments.
Legal Protection For Customers Against ITE Crimes (Electronic Information And Transactions ) On Digital Bank Services Astanti, Dhian Indah; S, Amri Panahatan; Heryanti, B Rini
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.v23i3.4459

Abstract

Since the legal relationship between consumers and banks is one built on trust, legal protection for customers is crucial given that banks are financial entities whose operation cannot be divorced from the role of customers. The usage of technology is a crucial component of practically all non-negotiable communal activities. In this global age, discussing cybercrime is inextricably linked to discussing computer network security or internet-based information security, particularly when discussing the topic of information as a commodity. Determining client legal protection and bank accountability against ITE crimes in digital banking services is the goal of this research. This study employs a statutory approach and a normative juridical research type. The research will be analytical and descriptive in nature, using secondary data obtained through library research and analytical descriptive research criteria. The research's data is organized logically and methodically, examined using techniques for qualitative analysis, and then presented in a qualitative fashion. According to research findings, efforts are currently being made to develop an independent and effective supervisory system that is always focused and in line with the principles of good governance, effective bank supervision, banking management information systems, intermediation functions, handling problem loans, and implementing risk management. The Indonesian banking industry is currently undergoing a process of restructuring. and the potential for national banks to use anti-money laundering measures and best practices.
Implications on The Position of A Notary for Notaries Who Serve as Legislative Members Yap, Jacqueline; Nurdin, Aad Rusyad
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.v23i3.4472

Abstract

Notary as a public official, is an honorary position that is given the trust to make authentic deeds as written evidence, as mandated by laws and regulations. As part of the people, it is possible for a notary to take part in political practices by running for the legislature. The Notary Position Law and the General Election Law prohibit the practice of dual positions. Therefore, notaries who are appointed as legislative members are required to take leave in accordance with the provisions of the Notary Position Law. However, the implementation of the position carried out by the substitute notary can be indicated as a disguised dual position. Thus, the idea of entrusting the notarial appointment decree to the Regional Supervisory Council during his/her tenure as a legislator was proposed.
Legal Protection for Notarists in The Providing of Working Capital Credit by Bank (Study of The Decision of Mahkamah Agung Number 65 K/Pdt/2020) Vianney, Janice; Nurdin, Aad Rusyad
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.v23i3.4474

Abstract

Banks are business entities that collect funds from the public in the form of credit or other forms in order to improve the standard of living of many people. Based on the Banking Law, credit is "the provision of money or similar bills based on a loan agreement (lending and borrowing) between the bank and another party in which case the borrower is obliged to pay off the debt after a certain period of time with a predetermined amount of interest." In credit agreements, the role of a Notary is required to have the authority to make authentic deeds. In this research the problems raised are: 1. What are the roles and responsibilities of a Notary in a Bank Credit Agreement? 2. What is the legal protection for Notaries in granting Working Capital Credit by Banks based on Supreme Court Decision Number 65 K/Pdt.2020? The form of this research is doctrinal research with data collection through literature study. Based on this research, it can be concluded that the Notary has the authority to make authentic deeds as evidence that has perfect evidential power and is also burdened with responsibility in carrying out his position. The presence of the Notary Honorary Council aims to provide guidance and protection for Notaries in carrying out their positions.
Integrated Tourism Policy Based On Local Wisdom For Economic Recovery Post-Covid-19 Pandemic With The Concept Of Penta Helix Strategy Julianti, Lis; Suharyanti, Ni Putu Noni; Darma Pratiwi, Agustina Ni Made Ayu
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.v23i3.4476

Abstract

This study aimed to identify and formulate the model of integrated tourism policy based on local wisdom for economic recovery from post covid-19 pandemic. The method of this research was empirical legal research by using primary data sources in form of an interview which was analyzed qualitatively and displayed descriptively. The finding of this research showed that the design of the integrated policy in tourism was conducted by designing a policy formulation in which the policy formulation design was taken from strategic issues related to tourism including internal and external conditions in implementing tourism policy, and the analysis of the previous policies was conducted including analysis of policy and analysis for policy.
The Leadership Model of Customary Village Based On Gender Equality Sugiantari, Anak Agung Putu Wiwik; Anom, I Gusti Ngurah; Apriliani, Kadek; Unzila, Sandy Annisa; Widiani, Gusti Ayu Eka
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.v23i3.4478

Abstract

The leadership of Balinese customary village is highly patriarchal so the position of the women in the leadership system is merely a subordinate of the man. It is an issue since the leadership development of the modern era does not discriminate against gender. This discrimination leads this study to formulate a new concept concerning leadership in customary villages based on gender equality. This study used the social-legal method. An interdisciplinary study is a hybrid of a grand study concerning the jurisprudence and science of law from a societal perspective. This study formulated a customary village leadership based ongender equality. This formulation was formed by implementing functions of the customary village comprehensively in form of the Woman Association (Pakis) as a new organization which empowers Balinese women. Pakis should make programs to empower and develop leadership for Balinese women, especially in the customary village leadership. Besides that, the nyentana marriage system that transforms the role of purusa (man) to be predana (woman) must be implemented comprehensively in Banjar so the woman who conducts this marriage system takes the position as a man and her name is listed in Banjar. The final formulation is by duplicating the leadership pattern in sekeha teruna teruni which has concerned with gender equality.

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