Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
Articles
1,653 Documents
<![CDATA[Harmonization of Theft Prevention Regulations Digital Personal Data in Banking Institutions: Perspective Cybercrime Sniffing ]]>
<![CDATA[Ryska Noviasari]]>;
<![CDATA[Wardah Yuspin]]>;
<![CDATA[Arief Budiono]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.4991
<![CDATA[This research aims to find out how to harmonize relevant applicable laws and regulations in Cybercrime Sniffing and to analyze the protection provided by law to deal with sniffing cases. This research uses normative research methods. The results of this research are: first, crime regulation sniffing in hacking M Banking via the WhatsApp application, which has been regulated in Article 51 paragraph (2) of the ITE Law and its amendments and Article 67 paragraph (1) of the PDP Law has differences in the aspect of criminal sanctions and/or fines, where the sanctions in the ITE Law and its amendments are more the severity of the sanctions contained in the PDP Law. Refers to the principle of preference, namely the principle of a particular law derogating from the general law and based on teleological/sociological interpretation by looking at the purpose of establishing the law, it can be concluded that in cases of criminal acts in the form of sniffing In the hacking of M Banking via the WhatsApp application, because it relates to personal data breaches, what applies is the provisions of Article 67 paragraph (1) of the PDP Law, because the PDP Law is a regulation that more specifically regulates personal data breaches, so the ITE Law and its amendments are as follows: more general settings should be ruled out. The protection provided by the Act to deal with cases of sniffing M-Banking hacking via the WhatsApp application is regulated by criminal sanctions in Article 67 paragraph (1) of the PDP Law, which can be interpreted to mean that the PDP Law provides criminal sanctions and/or fines to all parties, including banks if there is loss resulting from these actions. Sniffing has implications for harming the victim.]]>
<![CDATA[The Perspective of the Community in the Medan Kota Sub-District on the Open and Closed Proportional Representation Electoral System ]]>
<![CDATA[Mhd Ansor Lubis]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5003
<![CDATA[Open and closed proportional electoral systems have a significant impact on voter participation in 2024, especially in the Medan Kota area. This is in line with the level of public understanding of the electoral system that has just been decided by the Constitutional Court No. 114/PUU-XX/2022. This study endeavors to ascertain the extent of the voting public's comprehension regarding the proportional electoral system. This research method uses normative juridical and is presented in a descriptive analysis by providing an overview of the object under study and linking it to legal literature both primary Additionally, this study relies on secondary data. The findings revealed that public participation in the proportional election system within Medan city remained at a relatively low level, specifically at 46.5%. Of the 30.8% early voters, those aged 20 to 60 years increased from 37 to 54%. This is due to the voters' lack of understanding of the proportional system, both directly and indirectly.]]>
<![CDATA[SATISFACTION OF NON-MUSLIM RESIDENTS WITH ISLAMIC SHARIA IN ACEH, INDONESIA ]]>
<![CDATA[Luthfiyah Trini Hastuti]]>;
<![CDATA[Solikhah Solikhah]]>;
<![CDATA[Burhanudin Harahap]]>;
<![CDATA[Nur Sulistiyaningsih]]>;
<![CDATA[Seno Wibowo Gumbira]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5011
<![CDATA[This study aimed to determine the right fulfillment of non-Muslim residents regarding the implementation of Islamic Sharia in Aceh Province, Indonesia. It was a non-doctrinal legal study conducted in Banda Aceh City, Singkil, and Takengon. The primary data was obtained from the completion of questionnaires and interviews with non-Muslim religious leaders to supplement the required information, as well as secondary data, which consisted of various legal materials. The sample was selectedusing non-random purposive sampling, while data analysis was conducted quantitatively and qualitatively. The results based on the analysis of 244 questionnaires showed that the perception of non-Muslim residents regarding the implementation of Islamic Sharia in Aceh tends to be positive. Furthermore, the number of residents who were worried before and after the implementation of Islamic Sharia in Aceh decreased significantly from 29.5% to 9.4%. The guarantee of fulfilling the rights of non-Muslim residents can be compared to zimmi, as recognized in Islamic terminology. This comparison assumed that non-Muslim residents were within a jurisdiction and did not oppose the Islamic principles applied by a governance system.]]>
<![CDATA[The Role of Novelty and Prior Art in the First to File System to Protect Traditional Knowledge from Invalid Patent Claims ]]>
<![CDATA[Muhammad Citra Ramadhan]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5013
<![CDATA[This study aims to analyze the role of novelty and prior art in the first to file system to protect traditional knowledge from invalid patent claims. Traditional knowledge is part of a valuable cultural heritage. Protecting it means maintaining and preserving the cultural identity of a community. In reality, most of the traditional wealth that was once owned by the people of the archipelago has been lost or moved to other countries. The study uses normative legal methods. Data collection was carried out through literature studies, observations, and document analysis. The results of the study show that in the First to File system, patent rights are granted to the first party to file a patent application, not the first party to create an invention. In the context of protecting against invalid patent claims on traditional knowledge, it is important for communities or countries to document their traditional knowledge as prior art. With adequate documentation, it can be shown that the knowledge existed before any patent claims were filed by other parties. So that it can protect traditional knowledge from invalid patent claims. Overall, the concept of novelty and prior art in the first to file system functions as a mechanism to ensure that traditional knowledge that has existed for a long time cannot be patented by unauthorized parties.]]>
<![CDATA[E-Commerce Transformation in Indonesia: Intellectual Property Rights Protection in the Local Digital Market ]]>
<![CDATA[Ni Luh Gede Nita Ary Widiani]]>;
<![CDATA[Cokorde Istri Dian Laksmi Dewi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5027
<![CDATA[The transformation of e-commerce in Indonesia has become a significant phenomenon in today's digital era. This article explores the impact of the transformation on the protection of Intellectual Property Rights (IPR) in the local digital market. Through an analysis of IPR-related policies and practices, this article attempts to understand how these efforts affect copyright, trademark, and patent protection amid the rapid development of e-commerce. In addition, this article also highlights the challenges and opportunities faced in harmonizing IPR principles with the dynamics of Indonesia's ever-evolving digital market. This article aims to provide a better understanding of how changes in the digital business environment are affecting protection efforts against copyrights, trademarks, and patents. The results of this article reveal shifting business patterns and new challenges in the protection of Intellectual Property Rights (IPR) in Indonesia's digital market, while also highlighting the importance of developing inclusive and balanced regulations to optimize IPR protection and support inclusive economic growth and promote social justice]]>
<![CDATA[Transformation of Intellectual Property Rights Protection in the Blockchain Era: Exploring the Potential of Revolution or Evolution in the Management of Innovation and Creativity ]]>
<![CDATA[I Komang Gede Bisma Candra Yoga]]>;
<![CDATA[Cokorde Istri Dian Laksmi Dewi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5028
<![CDATA[Blockchain technology has become the center of attention in an effort to maintain sustainable economic growth in the digital era by strengthening the protection of intellectual property rights (IPR). In this article, we explore the impact of blockchain on IPR transformation and its potential to improve the protection of future innovations. By investigating the advantages and challenges involved, we present insights into how blockchain can strengthen the security, transparency, and authentication of IPR. However, challenges such as regulatory compatibility and data security also need to be addressed. Through collaboration between various parties, blockchain can be a powerful tool to create an ecosystem that supports the growth of innovation and creativity in the digital era. The purpose of this research is to explore the role of blockchain in the transformation of intellectual property rights (IPR) protection and its potential impact on future innovation. The results of the discussion show that blockchain has great potential to improve the security, transparency, and authentication of IPR, but it also faces challenges such as regulatory compatibility and data security that need to be addressed]]>
<![CDATA[Impelementasi Undang-Undang Pokok Agraria dalam Pemenuhan Asas Keadilan Menurut Perspektif Hukum Islam ]]>
<![CDATA[Abdul Muthalib]]>;
<![CDATA[Pagar Pagar]]>;
<![CDATA[Arifuddin Muda Harahap]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5039
<![CDATA[Undang-Undang Pokok Agraria (UUPA) merupakan landasan hukum yang penting dalam mengatur pemanfaatan dan pengelolaan sumber daya agraria di Indonesia. Asas keadilan menjadi salah satu prinsip utama yang diupayakan dalam implementasi UUPA, yang bertujuan untuk menciptakan distribusi yang adil dan merata bagi seluruh lapisan masyarakat. Artikel ini menganalisis bagaimana implementasi UUPA dalam memenuhi asas keadilan tersebut jika dilihat dari perspektif hukum Islam. Hukum Islam menekankan pentingnya keadilan distributif, pengelolaan sumber daya yang bijaksana, serta perlindungan hak-hak masyarakat yang lemah. Penelitian ini menggunakan metode studi pustaka dengan mengkaji literatur terkait UUPA, hukum agraria, dan prinsip-prinsip keadilan dalam hukum Islam. Hasil penelitian menunjukkan bahwa terdapat keselarasan antara nilai-nilai keadilan dalam UUPA dan konsep keadilan dalam hukum Islam, terutama dalam hal distribusi hak atas tanah dan pengelolaan sumber daya agraria. Namun, masih terdapat tantangan dalam implementasi prinsip-prinsip ini, seperti masalah ketimpangan akses dan konflik agraria yang membutuhkan penyelesaian berkeadilan sesuai dengan tuntunan Islam. Artikel ini menyimpulkan bahwa untuk mencapai keadilan substantif dalam pengelolaan agraria, diperlukan sinergi antara hukum nasional dan prinsip-prinsip keadilan dalam hukum Islam.]]>
<![CDATA[LEGAL IDEAS RELATED TO PROTECTING THE RIGHTS OF INDONESIAN MIGRANT WORKERS WITH MORALITY AND DIGNIT ]]>
<![CDATA[Windi Arista]]>;
<![CDATA[Rusmini]]>;
<![CDATA[Mada Apriandi Zuhir]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5042
<![CDATA[Indonesian migrant workers face various challenges related to the protection of their human rights, both in their countries of origin and destination. Protection of their rights is often ignored or violated, leading to inhumane and degrading treatment. Through a normative research method with a statutory and conceptual approach, this article analyzes the applicable national and international legal framework, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Indonesian Migrant Workers Protection Act.The results show that despite the existence of various legal instruments designed to protect migrant workers, their implementation is often hampered by various factors, such as a lack of inter-agency coordination, weak law enforcement, and migrant workers' limited access to justice. This article proposes several recommendations, including the need for increased awareness and legal education for migrant workers, strengthening the role of the state in protecting their rights, as well as the establishment of a specialized institution responsible for ensuring that the protection of migrant workers' rights is implemented with morality and respect for their dignity as human beings.]]>
<![CDATA[INDONESIAN AIRSPACE SOVEREIGNTY; PERSPECTIVE OF LAW NO. 1 OF 2009 ON AVIATION AND THE FLIGHT INFORMATION REGION (FIR) AGREEMENT BETWEEN INDONESIA AND SINGAPORE 2022 ]]>
<![CDATA[Harwita Sari]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5052
<![CDATA[The existence of the Agreement between Indonesia and Singapore on the adjustment of the FIR boundary signed on January 25, 2022 should strengthen Indonesia's sovereignty by prioritizing national interests. However, this has not been achieved. This prompted the author to conduct research with the aim of finding the concept of Indonesian airspace sovereignty in Law no. 1 of 2009 concerning Aviation, as well as reviewing and analyzing the perspectives of policy makers in the 2022 FIR agreement as outlined in Presidential Regulation 109 of 2022; sovereignty or safety . The method used is normative juridical with a focus on qualitative analysis through the descriptive analysis method carried out through literature studies, with a statute approach and a conceptual approach . The conclusion obtained based on the results of the analysis is that the sovereignty of Indonesian airspace in Law no. 1 of 2009 concerning Aviation is not only placed on the safety element alone but is also full and exclusive based on the principles of independence and state sovereignty so that the delegation of FIR to Singapore, although stated not to reduce sovereignty , but in practice Singapore's management of airspace will more or less reduce Indonesia's independence in managing its airspace. The perspective of policy makers in the 2022 FIR agreement as outlined in Presidential Regulation 109 of 2022 is conceptually not in line with the spirit of Law no. 1 of 2009 which prioritizes flight safety and efficiency. This is certainly ironic, considering that when the benchmark is safety and efficiency, which basically can be built, but by setting aside state sovereignty, in essence there is an erosion of sovereignty over Indonesia's airspace.]]>
<![CDATA[The Medicolegal Application of Artificial Intelligence as Doctors’ Medical Assistants in Medical Services in Indonesia ]]>
<![CDATA[Danang Sugihardana]]>;
<![CDATA[Rizka]]>;
<![CDATA[Aidul Fitriciada Azhari]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i3.5055
<![CDATA[This study examines the implementation of AI in medical services in Indonesia from a medicolegal perspective, highlighting the urgent need for the development of a robust legal and ethical framework to ensure responsible and safe use of AI while protecting patients' rights and privacy. The problem of the research is to analyze how medical ethics and the positive law in Indonesia regulate the application of Artificial Intelligence (AI) as medical assistance for doctors in medical services. This research employed a combination of the normative juridical approach method and the conceptual analysis approach. Results found that AI regulations in Indonesia are still in the developmental stages and lack specificity. Thus, in cases of errors in AI usage, the legal responsibility remains with the doctors who employed this technology as a tool. This underscores the importance of stringent oversight and the development of more detailed regulations as AI adoption in the medical sector in Indonesia continues to grow.]]>
