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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 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. 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.v23i3.4459

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. 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.v23i3.4472

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. 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.v23i3.4474

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. 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.v23i3.4476

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. 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.v23i3.4478

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.
Implementation of Legal Protection for Children as Victims of Domestic Violence in Lau Gumba Village Sahlepi, Muhammad Arif; Tumiran, Tumiran; Rangkuti, Charles; Ardani, Syafira
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.v23i3.4481

Abstract

This research aims to determine the implementation of legal protection for children as victims of domestic violence in Lau Gumba Village and to determine the obstacles faced in providing protection for children as victims of domestic violence. This research was conducted at the Berastagi District Police and the Berastagi District Prosecutor's Office using technical observation or direct observation and interviews, namely by communicating directly through interviews with several Berastagi District Police legal officers and other informants as well as distributing questionnaires to prosecutors at the Berastagi District Prosecutor's Office. In relation to the legal protection of children which has been stipulated in Law Number 23 of 2002 jo Unbdang - Law Number 35 of 2014 and Law Number 13 of 2006 concerning the protection of witnesses and victims which is the basis of the 1945 Constitution of the Republic of Indonesia as a rule that guarantees legal protection towards children who are victims of domestic violence. The author will provide an overview of the forms of legal protection for children who are victims of domestic violence in Lu Gumba Village which are not optimal from the perspective of Law Number 23 of 2002. The obstacles faced in providing legal protection for children as victims of violence in the household, namely: traditional constraints, psychological constraints of children and the constraints of ignorance of the children themselves and society. As well as several obstacles faced by law enforcement officers
Law Enforcement of Cyber Pornography of Children on Social Media Based on Human Rights in Indonesia Ritonga, Sheila Hamdah Hanum; 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.v23i3.4511

Abstract

Social media is beneficial as a medium of communication between users and users. Another advantage of social media is that it can expand relationships and knowledge. However, social media can be harmful if social media is used to damage, insult, and harass, which is why cyberporn emerged. Many children are perpetrators and victims of cyberporn on social media. This research aims to analyze cyberporn law enforcement on children on social media based on human rights in Indonesia. This research is normative research that looks at Legislation and cases. This research found that law enforcement in Indonesia is based on legal substance based on Law (U.U.) Number 19 of 2016 concerning Electronic Information and Transactions, Law No. 44 of 2008 concerning Pornography, Law No. 12 of 2022 concerning Crimes of Sexual Violence, the Criminal Code, and the Child Protection Law.
Policy Implementation of Permen-KP RI Number 18 of 2021 on Small Pelagic Purse Seine Fishing Gear at PPP Muara Sungai Baturusa Kota Pangkalpinang Taj, Kemal; Sudarmo, Agnes Puspitasari; Noviyanti, Rinda
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.v23i3.4516

Abstract

The purpose of this research is to identify the implementation, identify the responses of fishermen and related stakeholders, analyze the problems, and recommend strategic solutions that will be offered to the central government regarding the capture fisheries business of small pelagic purse seine fishermen at PPP Muara Sungai Baturusa Kota Pangkalpinang after the issuance of PERMEN-KP RI Number 18 of 2021. The informants of this research are small pelagic purse seine fishermen and related stakeholders at the PPP Muara Sungai Baturusa Pangkalpinang City. The method used is descriptive qualitative. Data collection by direct observation and interviews. Data were analyzed by qualitative analysis and SWOT analysis. The results showed that the policy implementation of PERMEN-KP RI Number 18 of 2021 on small pelagic purse seine fishing gear has not gone well. The impact of the separation of authority has resulted in instability in the economy and social life of fishermen and related stakeholders. Fishermen become afraid to fish > 12 nautical miles because they will definitely be prosecuted/arrested by fisheries supervisory officers. With all the consequences if the policy is not reviewed by the central government, in the future it is likely that many small pelagic purse seine vessels at PPP Muara Sungai Baturusa Kota Pangkalpinang will experience bankruptcy.
LEGAL CONSEQUENCES OF NOTARY NEGLIGENCE IN MAKING A DEED OF LAND SALE AND PURCHASE BINDING AGREEMENT (STUDY OF THE DECISION OF THE BANTEN HIGH COURT NUMBER 119/PDT/2019/PT BTN) Albar, Ilma Zhafirah
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.v23i3.4549

Abstract

In carrying out their positions, duties, and authority, notaries must be based on the principle of prudence because otherwise, the Notary may commit negligence. One of the actions that prove that a Notary does not apply the precautionary principle is if in making a deed, the Notary commits negligence. If the negligence can be proven to harm the parties in the deed, he must be responsible for his negligence. Departing from this, the problems examined in this research are regarding the application of the principle of prudence in making the Deed of Land Sale and Purchase Agreement and the legal consequences if the Notary is negligent in applying the principle of prudence in Decision Number 119/PDT/2019/PT BTN. A doctrinal legal research method is used to answer these problems. The research analysis results show that the principle of prudence in the making of the Deed of Land Sale and Purchase Agreement is essential to avoid disputes in the future. Suppose the Notary does not apply the principle of prudence. In that case, the Notary can harm the parties related to the sale and purchase. The Notary in Decision Number 119/PDT/2019/PT BTN can be held liable civilly and criminally, and the related deed can be null and void.
RESPONSIBILITY OF REGIONAL GOVERNMENT TOWARDS THE IMPLEMENTATION OF AUTONOMOUS EDUCATION ORGANIZATION AND MANAGEMENT IN IMPROVING THE QUALITY OF EDUCATION (CASE STUDY OF SERANG CITY) Suriyanti, Lili; Marpudin, Ade; Aditya, Muhammad
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.v23i3.4554

Abstract

Education policy according to Law Number 20 of 2003 concerning the National Education System is that the state is responsible for the original and absolute responsibility for realizing the ideals of the Indonesian nation. Every citizen has the right to receive education that is in line with human values and justice. Educational problems in Serang City include the many damaged facilities and infrastructure in schools. There were 583 school units that were damaged. However, only 300 classrooms in the seriously damaged category have been proposed, and will be realized in 2024. This article aims to find out the responsibilities of the Serang City Regional Government in Providing Educational Facilities and Infrastructure Based on Law Number 20 of 2003 concerning the National Education System and looking at the inhibiting factors and solution efforts of the Serang City Regional Government in Providing Educational Facilities and Infrastructure in Serang City . The research method used in this research is empirical juridical methods. The regional government of Serang City has a big responsibility in meeting the needs for providing high quality education, including providing adequate facilities and infrastructure. Providing adequate educational facilities and infrastructure is an important component in efforts to improve the quality of education in Serang City. The Responsibility of the Serang City Regional Government in Providing Facilities and Infrastructure. Educational responsibilities based on Law Number 20 of 2003 concerning the National Education System have not yet been fulfilled optimally. The Serang City Government, through the Serang City Education and Culture Office, continues to be committed to advancing the world of education. On the other hand, physical construction of new classrooms (RKB), tables, chairs, teachers' and principals' rooms, library rooms, laboratory rooms, prayer rooms, toilets, sports fields, and roads to schools and New School Units (USB) continues to be pursued. For facilities and infrastructure, the Serang City Education Department continues to take inventory of poor facilities so that they can be built so that the facilities and infrastructure are good and appropriate so that teachers and students who carry out teaching and learning activities are comfortable.

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