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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 1,653 Documents
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Identification and Defense of Local Communities Through the Village's Original Authority Ahmad Yamin
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.v23i3.4911

Abstract

Article 18B(2) of the 1945 Indonesian Constitution recognizes customary law communities and their traditional rights as long as they are alive and in accordance with the laws and regulations implemented with the birth of Law Number 6 of 2014 concerning Villages, which gives villages genuine autonomy to recognize and protect indigeous people. This research aims to 1) determine how the authority of origin recognizes and protects customary law communities and 2) how villages recognize and protect them through village rules. This study uses normative empirical methods. collect data and study documents, legal ideas and concepts, statutory regulations, legal dictionaries, and scientific works about the research issue. Data analysis in this research using main legal materials Analyze secondary laws synced with observations. This research uses qualitative analysis to explain and describe the regulations for recognizing and protecting customary law communities through village origin authority, then draws conclusions from primary and secondary legal materials. According to the research, the village can recognize and safeguard the customary law community through Village Regulations. as done by Lawin village by Village Regulation Number 1 of 2020 recognizing and protecting the Cek Bocek indigenous population. This research found that villages can recognize and protect indigenous communities through their authority of origin, which is specified in village regulations.
Legal And Human Right Protection For Victim of Malpractice Ali Azhar; KMS. Novyar Satriawan Fikri; Muanif 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.v23i3.4917

Abstract

One of the main concerns in regard to medical law and healthcare is malpractice. In Indonesia, medical law, additionally referred to as health law, is still a relatively new field of study. The numerous focus on health law, particularly on physicians and hospitals, contrasts with the recently established medical law and the recently acknowledged notion of malpractice. Thus, the issues at hand include how patients' and their families' rights to receive medical information, how to settle disagreements between them and the defendants, and how much the legal procedure settles for in situations of negligence. This study seeks to address the issues surrounding medical disputes and the reasons for patients' and their families' struggles in exercising their right to receive medical data. That it is challenging to prove malpractice lawsuits because it is challenging to access the medical records of patients impacted by malpractice cases
BUREAUCRATIC EFFICIENCY ISSUANCE OF HALAL CERTIFICATES FOR MICRO AND SMALL BUSINESSMEN zaidah nur rosidah
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.v23i3.4919

Abstract

The obligation to be halal certified for micro and small business actors must be implemented no later than October 17 2026, but to date there are still many micro and small business actors who do not have a halal certificate. This research aims to evaluate the bureaucracy of issuing halal certificates for micro and small businesses. As well as providing recommendations so that the bureaucracy of issuing halal certificates for micro and small businesses becomes efficient.The research method used in this research uses a socio legal study approach. Primary data collection was carried out by conducting interviews with several micro and small business actors, the halal task force of the ministry of religion and the cooperative, SME and industry services. Meanwhile, secondary data was collected through library studies of primary and secondary legal materials. To obtain answers to deductive syllogism research problems.The results of the research obtained several conclusions, namely first, the obligation to be certified halal for micro and small business actors is still not implemented well, there are still many micro and small business actors who do not have a halal certificate. The influencing factor is a lack of knowledge because the outreach carried out by the halal task force and the SME and industrial cooperatives service has not reached all micro and small business actors. Second, the bureaucracy of issuing halal certificates for micro and small businesses is inefficient regarding time and energy. The time required to issue a halal certificate is an average of 2 to 3 months compared to the 12 working days required for self-declaration and the regular 21 working days. The fee for issuing a halal certificate is free if you apply through the self-declare mechanism, and is charged if you go through the regular route. The institutions involved in issuing halal certificates are MUI, LPH, and BPJPH. However, MUI involvement is still with the Central MUI.
THE LEGAL POLITICS OF THE GOVERNOR'S AUTHORITY IN THE FORMATION OF REGULATORY REGULATIONS OF THE REGION/MUNICIPAL HEAD Ruddy Wijaya; Febrian; Ridwan; Mada Apriandi
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.v23i3.4923

Abstract

This study aims to analyze legal politics related to the authority of the governor in the formation of district / city head regulations. Legal policy is an important concept in understanding how power and law interact and influence the legislative process at the regional level. The authority of the governor as the representative of the central government in the region has significant implications for regional autonomy and the dynamics of the relationship between the provincial government and the district / city government. This research uses normative juridical method with statutory approach and conceptual analysis. The results show that the governor's authority in the formation of district / city head regulations often causes conflicts between central and regional interests. Political, economic, and social factors influence the governor's decision to approve or reject regulations proposed by district/city heads. In addition, it was found that there is vagueness and inconsistency in the regulations governing the governor's authority, resulting in legal uncertainty. The conclusion of this study emphasizes the importance of legal reforms that can clarify the limits of the governor's authority and increase transparency and accountability in the process of forming local regulations. Thus, it is expected to create harmonization between central and regional interests in order to realize good governance.Keywords:Legal Politics, Governor's Authority, Regional Head Regulation
Prophetic Paradigm as an Alternative Critique Toward Hart’s Concept of Morality and Law Fitrah Hamdani; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono; Dianto Dianto
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.v23i3.4945

Abstract

"Prophetic Paradigm" generally refers to a framework or approach that emphasizes the role of prophecy or prophetic figures in shaping religious, spiritual, or social understanding. This paradigm is often discussed in religious contexts, particularly within Christianity, Islam, and Judaism, where prophets are seen as key messengers of divine will, providing guidance, correction, and insight to communities. This article critiques the ethical principles of the epistemological basis of the relationship between law and morality in Herbert Leonel Adolphus Hart's (H.L.A. Hart) rational paradigm, which is founded on the prophetic paradigm via the lens of the Medina Charter. It employs a philosophical approach to investigate the fundamental assumptions of the epistemological foundation of legal science by connecting legal science to prophetic science. This study's data are collected from literature. This analysis shows that Hart's proposed separation of law and morality is inappropriate. Some rules are both legal and moral. Thus, the criticism of morality in the Medina Charter demonstrates that the distinction between law and morality established by Hart cannot be generally implemented and must be evaluated by taking into account social context and moral ideals considered significant by the society.
Analysis of the Effectiveness of Customer Fraud Reporting Services Through Web-Based Fund Transfers at BRI Ponorogo Branch Achmad Nowenta Putra; Yaqub Cikusin; Rulam Ahmadi; Slamet Muchsin; Yandri Radhi Anadi
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.v23i3.4946

Abstract

This study analyzes the effectiveness of customer fraud reporting services through a web-based fund transfer system at BRI Ponorogo Branch. Using qualitative methods, this study collects data through in-depth interviews, participatory observations, and document analysis to evaluate ease of use, speed of response, and customer satisfaction as well as challenges faced by bank officers. The findings show that the web-based system is effective in speeding up the handling of reports and increasing customer satisfaction, with responses generally received in less than 24 hours. Customers find this system easy to use and useful, despite technical obstacles and limited access to data faced by officers. Professional interaction between bank officers and customers also contributes to high satisfaction. Analysis of the documentation shows an increase in the number of fraud reports handled since the implementation of this system. Recommendations to improve effectiveness include increased training for bank officers, improvements to technological infrastructure, and the development of additional features on the system. This research provides important insights for the development of fraud reporting systems in the banking sector, with the hope of improving customer protection in the future.
Legal Security and Legal Protection Of Outsourcing Employees Based On Indonesian Labor Law Sukhebi Mofea
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.v23i3.4971

Abstract

Outsourcing practices are a serious concern in discussions of employment in Indonesia because almost all companies rely on outsourced labor to maintain their competitiveness in a rapidly changing global economy. This research method uses normative legal research using a literature study approach to analyze the data used in this article. The aim of the research in this article is to examine the regulation and implementation of outsourcing from a labor law perspective, as well as to examine legal certainty and protection for the implementation of labor using an outsourcing system in companies. The results and discussion in this article are that in the field of employment law, outsourcing can be implicitly found in the provisions of Law Number. 13 of 2003 concerning Employment. One form of legal protection and certainty, especially for workers, is through the implementation of work agreements. An employment agreement is an agreement made between the employer and recipient of employment and is the starting point for an employment relationship, which contains employment conditions that refer to Law Number 13 of 2003 on Employment.Keywords:Legal certainty; Legal Protection; Outsourcing Labor; Employment Law
Legal Protection for Capital Market Investors If the obligation to pay interest and principal on bonds is not fulfilled Yoyo Arifardhani; Stella Sadeva Selian
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.v23i3.4977

Abstract

The Indonesian capital market is growing rapidly and plays a role in national development. Important principles include managing value-added activities, system development, and placing reliable personnel to create Good Corporate Governance (GCG). According to Law no. 8 of 1995, the capital market includes public offerings, securities trading and securities-related public companies. The capital market trades capital and debt instruments. Bonds are long-term debt securities with the risk of the company's inability to fulfill its obligations. This research reviews legal protection for capital market investors in handling bond payment obligations. The aim of this research is to determine the role of legal protection from the Capital Market Regulator in imposing sanctions on public companies that are negligent in fulfilling their obligation to pay interest and/or principal on bonds, and to find out how to ensure investors are safe in purchasing bonds. The research results show that capital market regulators such as the Trustee, OJK, and BEI have a crucial role in supervising and protecting bond holders from pre-registration to post-issuance. Actions include trusteeship contracts, sanctions, and suspension of bond issuers. And in-depth knowledge of bonds and the factors that influence their security will help investors in choosing bonds that suit the investor's risk profile and investment objectives.
The Urgency of Privacy Protection in the Era of Digitalization: Challenges and Solutions to Cyber Crime Comparative Legal Studies GRACESY PRISELA CHRISTY; Maiercherinra Daud; Ni Putu Noni Suharyanti; Christine Attang; Ade Batti’
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.v23i3.4980

Abstract

 The Industrial Era 4.0 in Indonesia is characterized by automation and easy connections. Technological advances have had a major impact on changes in people's habits. According to Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia, every person has the right to protection of himself, his family, his honour, honor and dignity, as well as the property he controls. The ease of transactions using online payment media has triggered cyber crimes such as data theft, hacking and system break-ins which are increasing along with the increasing use of digital technology. Cybercrime, such as personal data leakage, identity theft, and financial loss, can have a major impact on society and organizations. The research method used is normative juridical. The conclusion of this research is the effectiveness of implementing laws to protect personal data in Indonesia, how these regulations can ward off cyber crimes which are increasingly widespread in Indonesia based on applicable laws and regulations from the threat of fear of doing or not doing something that is a human right.”  This can be corrected by adopting several personal data regulations from several developed countries which have proven effective in preventing public data leaks which pose a very high risk to banking and company accounts. The formulation of Effective Regulations on the protection of personal data from Cyber Crime must consider the Essence and Scope of Personal Data, the principles of data protection, the obligations of the managing organization, the rights of Individuals, Supervision and law enforcement and the Harmonization of integration with applicable witnesses such as: administrative fines, Restrictions or Prohibitions on Operations, criminal liability, civil damages, and publication of violations
Juridical Analysis on Crypto Assets: A Study of Collateral Institutions in the Indonesian Context Dea Tunggaesti; Jum Anggriani; Andrey Mario Wahyu
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.v23i3.4987

Abstract

This research aims to analyze crypto assets in the global aspects that have developed very rapidly, and the economic value of some cryptos has been widely recognized and factual at present; furthermore, with its value, it is treated as a virtual asset. As an asset, crypto may face the possibility of potential utilization as collateral in society and raises the issue of whether regulations and laws provide adequate regulation and protection against such utilization. This legal research aims at the development of law in such context which is considered crucial to provide legal protection for the public from opaque practices related to crypto and its risks that may affect the legal and economic interests of the parties concerned within the Indonesian jurisdiction. The method used is normative legal analysis with a statutory approach and secondary data sources, particularly literature review, Indonesian laws and regulations have been used in this research. The main result of this research is that the legal norms in Indonesian security law and the parties' freedom of contract may generally cover the utilization of assets of a legal entity as collateral, but it lacks legal norms and functions to protect the rights and economic interests of creditors against the potential risks of crypto assets, which may lead to unclear practices in society. Therefore, the need for legal development regarding security law in Indonesia needs to include and determine when crypto assets can or cannot be utilized as legal collateral in Indonesia's future, as well as legal functions and remedies to support the protection and legal certainty of current issues related to crypto asset risks.

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