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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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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. 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.v23i3.4572

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. 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.v23i3.4624

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. 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.v23i3.4628

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
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.v23i3.4685

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. 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.v23i3.4738

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.
The Role of Health Policy in Addressing the Hazards of Smoking: A Case Study of Law No. 36 of 2009 and Scientific Research Perspectives Setiadin, Setiadin; Suradika, Agus; Samudra, Azhari Aziz; Murod, Ma'mun; Satispi, Evi; Ristiawati, Tia; Saefudin, Arif
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.v23i3.4740

Abstract

This study was conducted to review the extent of the views of researchers in reviewing the implementation of Law No. 36 of 2009 concerning Health, especially related to the dangers of smoking through various fields of science and analysis of various problem focuses. The objectives of this study include analyzing the scope of the most discussed issues in scientific articles related to the implementation of Health Law No. 36 of 2009 on the dangers of smoking. The method used in this research is a literature study with a qualitative approach, using the literature study method and secondary data from the review of 35 scientific articles that have been published before August 2023. This research uses the PRISMA (Preferred Reporting Items for Systematic Review) systematic review method, which includes identification, screening, inclusion, and eligibility, and is then analyzed based on article findings. The results of the study showed that, of the many scientific articles on research that have been published, five problem areas were found to be the most widely discussed, namely: (1) the dangers of exposure to cigarette smoke, (2) smoke-free areas, (3) behavior in social relationships, (4) prevention efforts, and (5) smoking cessation efforts. These five focus issues have added to the discussions regarding the implementation of Law No. 36/2009 on Health related to smoking. This research provides insight into various aspects of health policy implementation related to the dangers of smoking. It emphasizes the need for further evaluation and action to improve the effectiveness of this policy.
Resolution of Inheritance Disputes in Gayo Society through Mediation: Perspective of Welfare and Gender Justice Bustami, Kasdim; Saleh, Fauzi; Nurdin, Ridwan
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.v23i3.4741

Abstract

The resolution of inheritance disputes in the Gayo Lues community, where women are disadvantaged (discriminated against) or receive injustice in the distribution of inheritance, leads to conflicts, disputes, and hostility within the family, causing disharmony within the family, society, culture, and customs. As a result, women in the Gayo Lues community do not fully receive their inheritance rights. Dispute resolution outside the court is called alternative dispute resolution (ADR). This research was conducted in Gayo Lues Regency, using a descriptive qualitative approach. The policy and implementation of mediation in resolving inheritance disputes are carried out through family deliberation, as the goal of "beredet" (family deliberation) is "dame" or "mupakat jeroh" (peace or mutual agreement). In resolving and dividing inheritance in the Gayo Lues community, women do not participate at all and do not receive any part of the inheritance. Women face obstacles in reaching their maximum potential due to gender injustice and inequality. The concept pursued in resolving inheritance disputes between men and women in the Gayo Lues community includes "mupakat jeroh" (deliberation), "timang rasa" (sense of justice), and peaceful means ("dame").
Effectiveness of Trading Regulations Through Electronic Systems as an Effort to Prevent Predatory Pricing in Indonesia Jannatul, Rahma; Joko, Leli
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.v23i3.4764

Abstract

TikTok has various creative video content, such as comedy, tutorials, dance, and more. The TikTok application also has a TikTok Shop feature specifically designed for businesses. Still, the increasing use of TikTok Shop has triggered criticism from conventional merchants because many have lost buyers due to TikTok Shop and the Indonesian Government. This is due to predatory pricing practices carried out by TikTok Shop. Predatory pricing is the practice of monopolizing the price of goods to drop prices and harm competitors. This study aims to analyze the effectiveness of the Minister of Trade Regulation Number 31 of 2023 in dealing with predatory pricing in TikTok shops. This research is a normative juridical research using a statutory and historical approach and descriptive data analysis. The results of the study, according to Lawrence M. Friedman's legal system theory, to see whether or not a relationship is effective need to be seen from three elements, namely the structure of law, the substance of the law, and legal culture. Minister of Trade Regulation No. 31 of 2023 has a legal substance that separates e-commerce from social media to overcome predatory pricing and the invasion of cheap foreign goods. However, removing TikTok Shop may create a void in material laws related to electronic commerce in Indonesia, especially if certain aspects related to predatory pricing still need to be comprehensively covered. Special supervision involves the authorities monitoring and guaranteeing clear information from online stores and supports the formation of trusted guarantors. The government is expected to formulate effective regulations to regulate similar applications.
The Effectiveness of Yogyakarta City Regional Regulation Number 1 of 2022 on Waste Management in Tourism Cities Astuti, Sri Indah; 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.v23i3.4768

Abstract

Sustainable waste management is an important issue in Yogyakarta, where Yogyakarta is a tourist city with the most visitors annually. To overcome the overflowing waste disposal at the Piyungan Integrated Waste Disposal Site (TPST), Bantul, the regional government of the city of Yogyakarta created a new Regional Regulation to update the Yogyakarta City PERDA No. 10 of 2012 became No. 1 of 2022. This PERDA regulates that Yogyakarta waste management can be carried out by the community independently, starting from sorting, re-management, and obtaining incentive funds as support from the local government as a form of motivation. However, in this PERDA, visitor waste management needs to be considered, which cannot be handled again by the community and temporary waste storage depots. Visitors still need to be made aware of independent waste management in Yogyakarta. This ultimately makes people unable to manage their waste independently, which has dangerous effects on health and creates smelly waste in the city of Yogyakarta.
Acceleration of Legal Reformulation Regarding Non-Conviction Based Asset Forfeiture in Indonesia Wiwoho, Shri Hardjuno
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.v23i3.4783

Abstract

Pemberantasan tindak pidana korupsi menjadi agenda penting di Indonesia, dan salah satu aspek krusialnya adalah perampasan aset hasil tindak pidana tersebut. Namun, Indonesia saat ini belum memiliki regulasi yang secara khusus mengatur perampasan aset tanpa tuntutan pidana (non-conviction based asset forfeiture), sehingga reformasi hukum dalam hal ini sangat penting untuk dilakukan dengan mempertimbangkan aspek kepastian hukum dan perlindungan hak-hak warga negara. Tujuan penelitian ini adalah mengkaji praktik perampasan aset tanpa tuntutan pidana (Non-Conviction Based Asset Forfeiture) di negara-negara lain yang telah menerapkannya secara efektif, serta merumuskan desain model perampasan aset tanpa tuntutan pidana yang ideal untuk diterapkan di Indonesia dengan mempertimbangkan aspek kepastian hukum. Penelitian ini akan menggunakan metode penelitian hukum normatif dengan pendekatan konseptual dan pendekatan perundang-undangan. Sumber bahan hukum yang akan digunakan meliputi bahan hukum primer, sekunder, dan tersier, dengan teknik pengumpulan data melalui studi kepustakaan (library research) dan analisis data kualitatif secara sistematis dan mendalam. Hasil penelitian memaparkan bahwa praktik perampasan aset tanpa tuntutan pidana (Non-Conviction Based Asset Forfeiture) telah diterapkan secara efektif di beberapa negara seperti Amerika Serikat, Italia, dan Inggris dengan pengaturan yang berbeda-beda. Meskipun efektif, negara-negara tersebut juga menetapkan mekanisme pengawasan dan perlindungan hukum untuk memastikan penerapannya dilakukan secara adil dan sesuai dengan prinsip-prinsip hukum yang berlaku. Desain model perampasan aset tanpa tuntutan pidana yang ideal untuk diterapkan di Indonesia harus didasarkan pada prinsip-prinsip hukum seperti asas legalitas, due process of law, praduga tidak bersalah, dan proporsionalitas dengan menetapkan dasar hukum yang kuat, mekanisme peradilan yang adil dan transparan, standar pembuktian yang ketat, upaya hukum bagi pemilik aset, pembentukan lembaga khusus yang independen dan diawasi, perlindungan terhadap pihak ketiga beritikad baik, kerjasama internasional, transparansi pengelolaan aset, serta pengawasan dan evaluasi yang ketat.

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