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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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Attitude of The Notary Public Towards The Request for The Cancelation of The Prenuptial Agreement Deed as A Result of The Marriage Annulment and The Consequences for Third Parties Djasmine, Putri Ridzka Maheswari; Ridwan, Fully Handayani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2665

Abstract

The existence of an annulment of marriage raises the question on how the attitude of the Notary Public towards the request for the cancelation of the prenuptial agreement deed as a result of the marriage annulment and the consequences for third parties. This study aims to provide an understanding to the reader about how the regulation and consequences of marriage annulment on the prenuptial agreement deed in Indonesia. Based on the study that has been done, it can be concluded that the cancelation of the existing prenuptial agreement deed should be done through an application to the Court, not with a notarial deed of cancelation, so that if the cancelation is problematic or detrimental to a third party in the future, the third party cannot file a civil lawsuit or criminal charge against a Notary Public. The existence of an agreement made with a third party is still valid based on the making of the agreement itself, which is assumed to have fulfilled the requirements stipulated in the Civil Code, laws and regulations, and does not violate the law also the prenuptial agreement deed which remained valid when it became the basis for making the agreement with a third party. Therefore, the agreement remains valid and must be implemented so that third parties with good intentions are not harmed. Regarding who should be responsible later, by all means, is who makes the agreement with the third party.
Inter Subjectivity of Fatwa Results of The Decision of Bahtsul Masail NU On The Status of Non-Muslim Citizenship Syakur, Muhammad; Lukito, Ratno; Tamtowi, Moh
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2666

Abstract

The fatwa in response to questions about Islamic law at Nahdlatul Ulama was discussed at the NU Bahsul Masail Institute. The methodology used in exploring the law was initially still using the classical fiqh paradigm. However, recently many decisions made by the institution imply a new paradigm that leads to a progressive Islamic approach. The paradigm underlying the decision is not only based on subjectivity ('ulum ad-dien) but also involves a dimension of objectivity (social sciences and humanities). This is reflected in the decision of the Bahtsul Masail ad-Diniyyah al-Maudlu'iyyah PBNU LBMNU forum at the Banjar West Java National Conference on 27 February-1 March 2019 regarding point A: State, Citizenship and State Law. NonMuslim Żimmy in the context of the nation state according to NU is referred to as muwathinīn, namely citizens of equal status. The intersubjectivity of the fatwa in the decision is a transformation of the methodology of the new legal approach at Nahdlatul Ulama in responding to current contextual problems.
The Protection of The Rights of Musyarakah Guarantee Owner Through Judge's Decision Sholeh, Abdul Halim Muhamad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.2669

Abstract

In this context, sometimes there is a disparity in decisions between those who ratify the execution of guarantees and auctions only based on the fact that the customer has defaulted by not paying the installments, and there are judges who consider the negligence factor whether it was intentional by the customer or beyond the ability of the customer, so it is the same case namely the existence of a default, but the decision is different due to different interpretations of the concept of negligence in the Indonesian bank regulations or the DSN MUI fatwa. This research is to answer three questions in the study, namely: (1) What is the basis for consideration and legal reasoning by the judges in resolving cases of disputes over the execution of guarantees in musyarakah financing? (2) Why does the decision disparity occur in handling disputes over the execution of guarantees in musyarakah financing? (3) Has the construction of the judge's decision provided protection for the rights of the owner of the guarantee in musyarakah financing? This type of research includes a variety of legal research with a normative juridical study pattern. To answer the problems in the research, the author examines, analyzes and strengthens the argument by using the theory of legal discovery and the theory of justice. The approach used in this research, namely the case approach is used to examine, explore, and examine judge decisions and the philosophical approach is used to explore in depth legal issues regarding the execution of Musyarakah guarantees from various aspects to explain in depth the concept of negligence so as to protect the rights of customers as guarantee owners. The results of this study indicate, firstly, in providing legal considerations and reasoning in the decision on the execution of musyarakah guarantees, the judge based on two different tendencies. Some judges apply legal norms as they are without interpreting and others carry out interdisciplinary interpretations. Second, disparities in decisions arise due to (i) differences in interpreting statutory provisions which give rise to different methods of legal discovery and interpretation (ii) differences in assessing evidence and (iii) differences in the dynamics of thinking due to differences in understanding the meaning of law. Third, the protection of the rights of the guarantee owner in the construction of judge's decisions is still diverse.  
IMPLEMENTATION OF THE PRINCIPLE OF PUBLIC PARTICIPATION IN ARRANGEMENT OF STREET TRADERS Firmansyah, Shandy Herlian; Prasetyoningsih, Nanik; Romadhan, Moh. Lubsi Tuqo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2672

Abstract

This research is included in the type of juridical empirical legal research (sociological). Empirical juridical research is a type of research that uses and processes empirical facts taken from human behavior, both verbally which can be obtained through interview techniques and real behavior obtained by direct observation. To obtain this research material, the researcher uses the literature study method, namely by studying legal materials and by conducting field studies that examine the facts in the field. While the legal material in this study is library material in the form of primary legal material, legal and non-legal articles and books as secondary legal material and the results of interviews in the field as tertiary legal material
Construction Criminal Sanctions On Violators of The Moratorium Palm Oil Company License With Plea Bargaining Sari, Safitri Wikan Nawang; Muchtar, Masrudi; Sofyanoor, Andien
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2676

Abstract

Phenomena related to the clearing of oil palm plantations by companies as corporations or legal entities for the South Kalimantan Regional Government as a form of regional development to be more advanced but Corporate Social Responsibility (CSR - Corporate Social Responsibility) to the environment and surrounding communities is sometimes ignored or not implemented because the use of Natural Resources in the region is exploited. Reflecting on the events of environmental degradation in South Kalimantan which led to events floods as well as forest and land fires (Karhutla), then to restore health and environmental sustainability in the province of South Kalimantan is fitting Presidential Instruction No. 5 year 2019 on the termination of the granting of new permits and improving the governance of primary natural forests and peatlands should be extended again. So to overcome this, the government must play an active role either through criminal law policies as outlined in the legislation or with the application of criminal law legislation in law No. 39 year 2014 on plantations more oriented to sustainable ecological development.This study was a normative legal research and formed descriptive qualitative, conducted in the region of South Kalimantan province. This study used statute approach and a concept approach. Data collection  from materials primary, secondary and tertiary law were obtained through library studies and documentation studies and then analyzed using grammatical interpretation as well as qualitative empirical juridical analysis techniques. In order for the implementation of plea Bargaining in construction criminal sanctions on violators of the moratorium on permits for oil palm plantation companies as an alternative to solving criminal cases in the field of environment can be included as a draft law to be passed as a separate law, given in law No. 39 year 2014 on the plantation has no arrangement.Keywords: construction, sanction, criminal, violation, permit, moratorium, company, oil palm plantation, plea bargaining.
Implementation of Criminal Actions in Cases of Sexual Harassment of Children Syahlan, Syahlan; Margono, Margono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2677

Abstract

A criminal act is an act that is not in line with the law, is committed because of someone's fault, and is considered an act against the law. Criminal acts that are currently rife are criminal acts due to cases of sexual violence against children. Basically children are a nation's asset that must be given a good understanding for their growth and development instead of being damaged by problems of sexual violence. Every perpetrator of sexual violence that occurs to children is subject to criminal punishment that has been regulated in several laws in Indonesia. However, the main problem is that the appropriate punishment for the behavior is not yet optimal. It is felt that protection for victims has not been carried out optimally.Keyword: Crime, Law, Sexual violence, Children, Protection
Implementation of Criminal Law in Handling Narcotics Cases in Indonesia Efendi, Bahtiyar; Handoko, Widhi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2678

Abstract

The problem of narcotics is currently rife in Indonesia. The rise of drug cases is common among teenagers, especially. The territory of Indonesia is very strategic because of its extensive area with various small islands. Drug abuse is a criminal act because three things cause it: the first is applying criminal law, prevention without criminal punishment, and the last one that can make people's views of drug abuse users wrong. In regulating the abuse of drug use, the government has regulated it in Law No. 35 of 2009 concerning narcotics.Keyword :Criminal, Law, Narcotics, Indonesian Law
The Importance of The Judicial Commission's Commitment in The Implementation of The State Sasmito, Joko; HS, Erwin Owan; Effendi, Bahtiyar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2679

Abstract

The judicial commission is an institution that has the authority and duty to uphold the dignity and honor of judges. Judges in carrying out their duties need to show high wisdom and ethics. For this reason, the judicial commission exists in order to help protect judges by supervising and controlling the behavior of judges. However, many judges and even supreme justices have been caught violating ethics and applicable law. This is an indication of less than optimal supervision and control of the judicial commission. Seeing this, researchers feel the need to see the importance of the commitment of the judicial commission in the administration of the state. In this study, researchers used the literature study method with books and journals as the main source and other relevant data as secondary data sources. The commitment of the judicial commission is very important for the administration of the state. The commitment of the judicial commission will make the judicial commission better in supervising and controlling the behavior of judges. This commitment will also assist the judicial commission in overcoming pressure, solicitation of collusion, and even threats from outside in carrying out its duties.Keyword: Juicial Cmmission, Administration of the State, Cmmitment, Pulic trust, Judicial Ititution
The Electronic and Transactions Law (EIT Law) as the First Cybercrime Law in Indonesia: An Introduction and Its Implementation Mahrina, Mahrina; Sasmito, Joko; Zonyfar, Candra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2680

Abstract

The cybercrime cases across the country are remaining high. It caused the government decided to create the cybercrime law, including the Indonesian government. The first cybercrime law that created by Indonesian government is the Electronic and Transactions Law (EIT Law) of 2008, and revised in 2016. This paper then provides more comprehensive explanation regarding EIT Law, starting from its creation, substances, enforcement, and even its strengths and weaknesses. By using literature review method, the authors have been conducted research from the previous studies on related topic. Before entering the main discussions, this paper also explains the cybercrime law and policy in Indonesia’s neighboring countries. After that, EIT Law is explained comprehensively. The result shows that background of the creation of EIT Law is the technology and the Internet development that can threaten the Indonesia’s national interests. This law then categorize the types of cybercrime that prohibited in Indonesia. The jurisdiction, the investigation process, and the punishment to cyber criminals also regulated in that law. Furthermore, this paper also explains the strengths and weaknesses of EIT Law. The strengths of EIT Law can be seen in the complexity of the articles that contain within it. Nevertheless, the implementation of this law is still not effective. This is because there are several issues that have to corrected, such as the ambiguity of article contents, lack of cybercrime awareness among the law enforcement officers, difficulties to provide electronic devices, and lack of cyber facilities or infrastructure. Keywords: Cybercrime, Cyberspace, EIT Law, National interest, Technology and internet development
Social - Welfarestate in Perspective of Labour Law: Review of Asean Constitution Bawono, Icuk Rangga; Prayitno, Kuat Puji
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.2691

Abstract

The welfare state in the concept of Labours cannot be covered only in scope of one state only, but also to comparation by the other countries. In order to strengthen of cooperation between asean community, we should required understanding about constitutional concept  in  asean countries . The state law concept which adopted by majority nation state according with their basic typical of the country and nationality (such as social structure and norms). To compare about welfare- labours need  more  significant idea in nationality and state. This research is prior to explain about the extent of content (recognition of state obligations which recognized on state constitution of the asean countries), using  juridical normative methodology, with emphasises from the comparison of the constitution among countries, democracy, and nomocracy. In the end, this research describe how  important if  we ask social welfare for labours concept concept (in each manuscript) to the body of constitution, and also including to found “the living constitution” in ASEAN countries. The approach method used the doctrinal legal research, including historical approach.

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