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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4481

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. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4511

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4516

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4549

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4554

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.
The Pattern of Settlement of Marriage Dispensation Cases Based on the Maslahah Perspective jamaluddin, jamaluddin jamal
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.v23i3.4572

Abstract

This research aims to analyze the use of the maslahah murres method as a pattern for resolving marriage dispensation cases so that Sharia laws can resolve themSharia laws can determine them. This qualitative research is based on interview data, and the researcher plays an active role so that the research results can answer the problem formulation. The data sources in this research use primary data and secondary data. The source of informants in this research is that the government believes that the head of the Bone Regency religious affairs office, the Judge of the Bone Regency Religious Court and several experts have sufficient knowledge of the concept of maslahah. The research results show that the judge's consideration is the most critical aspect in determining a decision that contains legal certainty, justice, and benefits for the parties concerned. Meanwhile, judging from the Maslahah Murlah, the granting of marriage dispensation is by the aim and purpose, namely to provide benefits to the prospective husband and wife and to keep them away from adultery, which is prohibited by religion
The Relevance Of Election Organizing Institutions In Resolving Presidential Election Disputes Rohadi, Ahmad Nur; 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.v23i3.4624

Abstract

The General Election Commission (KPU) is an election organizing institution that is national, permanent, and independent in organizing elections. Holding direct presidential elections is a democratic instrument to create a more democratic government and a step toward realizing people's sovereignty. In this research activity, the type of research used is normative juridical research (legal research), which prioritizes library research. However, along the way, various accompanying problems arose. Ultimately, these things must be considered challenges and part of the maturation process to create a more mature state government. As explained above, the various disputes in the final stages of voting for the elected candidate pairs in the Presidential Election show that we still have a lot of democratic agenda that needs to be resolved regarding regulations, institutions, and law enforcement. Thus, the disputes that occur should become part of the election maturation process as the period changes. 
Comparison of Online Transportation Regulatory Framework in Indonesia and Several ASEAN Member States Desril, Raja; Rachman, Miftahur; Santoso, Mulia Akbar
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.v23i3.4628

Abstract

This research is motivated by the need to adjust online transportation regulations in Indonesia with technological developments and rapidly changing societal dynamics. The main issue raised is how the regulatory framework of online transportation in Indonesia is and how it compares to several ASEAN member countries. The discussion shows that regulations in Indonesia still use a conventional approach that is less adaptive to online transportation innovation, often causing legal vacuums and uncertainty for stakeholders. The conclusion of this study states that existing regulations need to be updated to be more comprehensive and responsive to changes. The advice given is that the government should adopt best practices from other ASEAN countries to create more effective regulations, including paying attention to fairness, safety, and welfare aspects for both users and service providers.
LEGAL PROTECTION OF THE GUARANTOR ON THE MAKING OF ADDENDUM TO THE CREDIT AGREEMENT WITHOUT THE GUARANTOR'S CONSENT Johan, Valencia Christabel; Sri Widyawati
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.v23i3.4685

Abstract

The legal relationship between creditors and debtors is based on a credit agreement which can be made in the form of a private deed or notarial deed. A credit agreement is a basic agreement that can be supplemented with an accessory agreement in the form of a guarantee agreement, both material guarantees and individual guarantees. The changes to the credit agreement can be made in the form of an addendum to the credit agreement. Changes to credit agreements without involving the collateral provider can give rise to disputes, as happened in the case of Supreme Court decision Number 3464 K/Pdt/2019, where the Creditor and Debtor entered into a private addendum agreement to the working capital credit agreement without the consent of the third party providing collateral. Making an addendum agreement to a working capital credit agreement without approval and an authentic deed raises some questions. Based on this case, the problem that will be discussed in this research is about the validity of addendums to credit agreements without the guarantor's approval as well as preventive legal protection for parties in making credit and guarantee agreements. This research aims to analyze the validity of credit agreement addendums without guarantor approval and legal protection for making credit agreement addendums without guarantor approval. The research method is a doctrinal research method. Based on this, this paper discusses the legal protection of guarantors for making addendums to credit agreements without the guarantor's approval. The results of this research are that making Addendum 1 (first) and Addendum 2 (second) to the quo credit agreement without the guarantor's approval is a valid agreement and the role of the notary in making authentic deeds and legal counseling is a form of preventive protection in a quo case decisions
The Legality of Gayo Customary Inheritance in the Perspective of Islamic Law Bakri, Zaini; Saleh, Fauzi; Analiansyah, Analiansyah
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.v23i3.4738

Abstract

The practice of inheritance distribution in the Gayo community should align with the Fiqh Mawārit, but in reality, it has not fully adhered to it. There are still deviations found in the practice of inheritance distribution, such as the belief among some community members that juelen and angkap marriages can obstruct or reduce a person's share. Given these issues, the author is interested in examining the legality of Gayo customary inheritance from the perspective of Islamic law. To address this issue, a qualitative research approach is needed, with data obtained through interviews, observations, and documentation, analyzed using social interaction theory, cultural theory, Fiqh Mawārit theory, and Maqāshid al-Syari’ah. The research results indicate that the distribution of customary inheritance in Gayo is based on the type of marriage practiced in the community. Some aspects of Gayo customary inheritance are relevant to Islamic law, while others are practiced in a deviant manner.

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