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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 1,631 Documents
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LEGAL RECONSTRUCTION OF REGULATIONS MARRIAGE DIFFERENT RELIGIONS IN INDONESIA Septiandani, Dian -; Soegianto, Soegianto -; Sukmadewi, Yudhitia Dyah; Susilo, Adhi Budi
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.v23i3.5107

Abstract

This research aims to find the proper legal reconstruction regarding interfaith marriages in Indonesia. Article 2, paragraph (1) of the Marriage Law states that marriage is valid if performed according to the laws of each religion and BeliefBeliefBelief. Meanwhile, the content of the explanation of Article 35 of the Population Administration Law allows interfaith marriages. With this, the legal rules regarding interfaith marriages need to be reconstructed clearly and firmly so that there is the same understanding and implementation in the community because it will cause legal uncertainty. This research is a normative legal research with a statutory approach. The method of collecting secondary data is done through a literature study. The data obtained is analyzed qualitatively. The results of this study indicate that the regulation of marriage in Indonesia does not recognize the existence of interfaith marriages; it relies on the laws of each religion, so marriage marriage becomes invalid. The consequences impact the status of children as illegitimate or outside of marriage and the status of inheritance. Furthermore, related to the regulation of interfaith marriages, there is disharmony in the rules of the Marriage Law and the Population Administration Law; the provisions of Articles 35 and 36 of the Population Administration Law should be revoked because they cause a conflict of norms with the Marriage Law. This will provide legal certainty to the community.
Dynamics of Public Communication of the Surabaya City Government in Tackling Online Prostitution Sufa, Siska Armawati; Sumartias, Suwandi; Zubair, Feliza; Perbawasari, Susie; Rusmana, Agus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5119

Abstract

This research explores the dynamics of public communication adopted by the Surabaya City Government in an effort to tackle the practice of online prostitution. The focus lies on a communication strategy that involves social media and star hotels as the main means. The case study approach in this research explores the city government's efforts to manage information, coordinate efforts with relevant stakeholders, and adapt messages to respond to complex challenges related to online prostitution. This research methodology includes interviews with city government representatives, social media content analysis, and related policy tracking. The research results illustrate the city government's efforts in creating effective and responsive communication strategies. Utilizing the power of social media to convey information, build public awareness, and gather cooperation from various star hotels to increase understanding and participation in dealing with online prostitution. However, challenges such as changes in behavioral patterns of online prostitution perpetrators and the evolution of social media are factors that influence the success of this public communication strategy. This study provides in-depth insight into the dynamics of public communication as the main strategy in dealing with sensitive issues such as online prostitution in the digital era. The implications of these findings can provide guidance for other city governments in designing similar communication strategies to solve similar problems.
Responsibility Of The Board Of Directors In Bankruptcy Of Limited Liability Companies From The Perspective Of Law Number 40 Of 2007 idayanti, soesi; mukhidin, mukhidin
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.v23i3.5136

Abstract

AbstracThis research was conducted with the aim to explain to the academic world and the wider community regarding the responsibilities of the board of directors on the bankruptcy of a limited company, either caused by the negligence of the directors themselves or due to external error factors of the limited company. This paper uses a normative legal research method by using a statutory regulatory approach. The results of this study show that if the company goes bankrupt caused by the negligence of the board of directors while the bankrupt's debt is not sufficient to pay in full the company's obligations in bankruptcy, then they are jointly and severally liable or jointly responsible for all unpaid obligations of the bankrupt estate, but if the directors have carried out their duties well, apply the principle of prudence for the benefit of the company, not experiencing a conflict of interest, either directly or indirectly, in terms of company management actions which results in loss and has taken action to prevent the loss, then the directors cannot be held responsible for the company's losses. In this paper, the researcher provides input that the regulation Law Number 40 of 2007 concerning bankruptcy, there must be updates, especially article 97 regarding the responsibilities of directors which tend to be general in nature. By explaining specifically what constitutes negligence causing the company to go bankrupt of course it will facilitate the legal process, Are the directors really responsible for the bankruptcy? or caused by external factors beyond the control of the board of directors.
Legal Protection of Women in the Divorce Process: Case Studies and Policy Implications in Indonesia Trikusuma, Sultoni; Muhlizar, Muhlizar
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.v23i3.5154

Abstract

The objective of this investigation is to examine the legal safeguards available to women in the Indonesian divorce procedure, with a particular emphasis on case studies and the existing policy implications. A qualitative approach was utilized in conjunction with a comprehensive literature review in order to gain an in-depth understanding of existing policies, regulations, and protections pertaining to women's rights in the context of divorce. Data were gathered via an analysis of legal documents, academic literature, and interviews with legal experts and women's rights activists. The findings indicated that despite the existence of a legal framework that supports women in divorce proceedings, there are still significant obstacles to the implementation of these rights at the local level. These obstacles are mainly attributed to gaps in legal understanding, patriarchal cultural norms, and limited resources. The research proposes the expansion of legal awareness initiatives within communities and the introduction of policy reforms that are more inclusive to guarantee gender equity in divorce procedures.
The Use of Artificial Intelligence in Assigning and Appointing Judicial Panels in Indonesian Courts Fitri, Alysa Al; Taufiqurrahman, Reynaldi Ahmad
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.v23i3.5162

Abstract

The development of 5.0 technology, which facilitates the integration of virtual and physical spaces, has significantly impacted various aspects of human life by incorporating Artificial Intelligence (AI). This influence extends to the legal field. The purpose of this study is to examine and understand the use of AI in the assignment and appointment of judicial panels in the Indonesian judiciary's case handling processes. The research conducted is a type of library research employing a normative legal approach with a qualitative methodology. The approach utilized in this study is both juridical-normative and conceptual or analytical. The data sources used include primary and secondary data. The findings of this study indicate that the use of AI in the assignment and appointment of judicial panels is an effort towards greater transparency in case handling. This approach can potentially reduce or eliminate suspicions among parties involved in litigation or the public that a judicial panel could be influenced to favor a particular outcome. Additionally, assigning and appointing judicial panels based on the type and qualifications of cases, as well as workload, can improve the efficiency of judicial performance.
Default of the Construction Service Provider as a Reason for Termination of the Construction Work Contract Pratama, Febrian Rizki; Abdillah, Maulana Farhan; Nuralify, Mohammad; Damayanti, Astri; AR, Febriyanti Putri
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.v23i3.5165

Abstract

Termination of a construction contract can be carried out if it arises as a result of failure to fulfill the obligations of one of the parties, in this case a wanprestatie occurs. Therefore, what form of wanprestatie is committed by the service provider is the reason for terminating the contract and what legal remedies can be taken to terminate the construction contract due to wanprestatie. The aim of this research is to analyze the form of wanprestatie by service provider as a reason for terminating the contract and analyzing the legal remedies taken by the construction service provider to terminate the contract due to wanprestatie. This research uses normative legal research using statute approaches, conceptual approaches, and case approaches. The first result is that the form of contract termination is in the form of a fundamental error with a benchmark, namely a form of wanprestatie committed by the service provider as a reason for terminating the contract by the service user, namely in the form of a fundamental error, such as work delays with a benchmark, namely the service provider has not been able to fulfill the work progress specified. It is agreed by the service user or service provider that they have not carried out their work after one month of signing the contract so that the service user gives a warning letter to the service provider to be given time to correct their negligence within the specified time period, which is done by giving a warning letter 3 (three) times. The second result is that service providers can take legal remedies against unilateral contract termination if they go through non-litigation, then they can take deliberation, mediation, conciliation and arbitration. Not only that, settlement can also be done through a dispute council. If using litigation, the service provider can make file a lawsuit in the District Court.
Legal Standing of Spouse Consent in Sale and Purchase Agreement of Shares from Perspective of Separation of Company’s Assets to Create Legal Certainty in Investment in Limited Liability Hutomo, Putra
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.v23i3.5167

Abstract

In a limited liability company, which is a limited legal organization with liability limited to paid-up capital, shares are defined as proof of a legal subject's participation in capital ownership. Shares can be bequeathed, pledged, transferred, gifted, and kept in trust. A limited liability business can be invested in, for example, by buying and selling shares. Therefore, by taking into consideration joint assets, inherited assets, or marriage agreements, it is required to include the spouse's permission in the transfer of rights in order to offer legal certainty regarding the presence of assets' separation in a limited liability business
Corporate Mining Offences: Assessing The Interpretation of Ultimum Remedium Lestari, Ida Ayu Sridiah; Satria, Hariman
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.v23i3.5169

Abstract

The principle of ultimum remedium in criminal law is more accurately referred to as a moral principle for legislators (legislative ethics) so that they can think about whether or not an act needs to be criminalized, including the threat of criminal sanctions. Normatively, in Indonesian criminal law the principle of ultimum remedium is strictly regulated in Article 100 and the general explanation of point 5 of the PPLH Law. In the Minerba Law, the principle of ultimum remedium is not normative. In decision Number 46/Pid.B/LH/2021/PT Kdi, it is implied that a corporate crime occurred by the defendant PT Bososi Pratama. The panel of judges acquitted the defendant PT Bososi Pratama by interpreting the principle of ultimum remedium. This interpretation emerged because the position of criminal sanctions in the Mineral and Coal Law is still unclear, whether as ultimum remedium or primum remedium.
Regulatory Reconstruction of the Application of Digital Evidence in Realizing Children's Rights (Study of the Directory of Decisions of the Supreme Court of the Republic of Indonesia) Libra, Robert; Okfalisa, Okfalisa; Aslati, Aslati
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.v23i3.5170

Abstract

The development of technology continues and develops in accordance with the times. The use of technology is also carried out to the context of daily life so that life becomes more practical. Then, this context is also very close to the use of technology in the judicial process through the e-court system. This is what makes Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the Examination of Article 43 paragraph (1) of Law Number 1 Year 1974 concerning Marriage appear and change the paradigm of proof from the determination of children outside marriage can be done by using technology in the form of DNA tests. In this case, electronic evidence or digital evidence can be strong evidence to recognize the father's nasab position over the child. The research method used in this research is Normative Juridical with a statutory approach and a case approach. The results and discussion of this study found that it turns out that the application of digital evidence can realize children's rights when looking at several existing decisions. Of the 10 (ten) decisions and/or court decisions that have been reviewed, all of them use digitized evidence and make the judge's view more objective, resulting in a decision that recognizes the father's lineage to the child. The context of this recognition is the essence that the concept of child recognition makes his rights fulfilled and the father cannot deny that the child is his own child. In addition, DNA evidence, CCTV and photos and videos exist to strengthen the position of the father's lineage to a child whose father previously did not recognize his own child. Regulatory reconstruction in the application of digital evidence to realize children's rights is carried out by changing the provisions of the Religious Courts Law and the Marriage Law in terms of strengthening the position of children's rights.
Philosophical Basis of Social Responsibility Regulation of Limited Companies in Indonesia fahmi, fahmi; Putra, Trianggara
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.v23i3.5171

Abstract

The problem of the philosophical basis of the regulation of limited liability company social responsibility in Indonesia. The occurrence of this shift raises a number of issues that are worthy and important to be studied related to the philosophical foundation of corporate social responsibility. This is important to explore because social responsibility has a different philosophical basis from the philosophical foundation of legal responsibility. The mention uses the term corporate social responsibility but has the meaning of legal obligations and responsibilities. It is necessary to study the basis for the shift in responsibility and the legal consequences of the shift. This research is a normative juridical law research using a positive law enforcement approach. Because philosophically the application of corporate social responsibility by the company describes that the company as a personification that the legal subject is not only a business entity that only seeks profit, but the company is also a social entity that interacts with its environment both in economic, social and environmental aspects. the company carries out its business activities.       

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