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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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.
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Articles 1,653 Documents
The Relevance of Islamic Banks in the Indonesian Economy: Responding to the Controversy About Interest and Profit Sharing Syarif Hidayatullah
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.v23i3.5478

Abstract

Islamic banks have an increasingly important role in the Indonesian economy, by offering an alternative financial system based on sharia principles, especially in terms of avoidance of riba (interest) and the implementation of a profit-sharing system. However, there is controversy among the public regarding the difference between interest and profit sharing that is often misinterpreted. This study aims to explore the relevance of Islamic banks in the Indonesian economy and respond to controversies related to the interest and profit sharing system. Using a qualitative approach, this study collects data through literature studies, case studies on several Islamic banks, and interviews with Islamic bank practitioners, Islamic economists, and Islamic bank customers. The results show that although Islamic banks have tried to explain the difference in principle between interest and profit sharing, there is still confusion among the public. Many customers consider the profit-sharing system to be similar to interest, especially since they involve the sharing of profits from economic transactions. Therefore, more intensive education and socialization are needed to reduce this misperception and increase public understanding of the excellence and transparency of the Islamic banking system.
Legal Responsibilities Of Notaries In The Preparation Of Sale And Purchase Deed Related To Fisheries Crimes R Juli Moertiono; M Syukran Yamin Lubis; Tutik Sugesti
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.v23i3.5489

Abstract

The legal responsibility of notaries in making sale and purchase deeds related to fisheries crimes. Fisheries crimes, such as illegal fishing, have a significant impact on marine ecosystems and the national economy. In practice, notaries are often involved in the preparation of deeds of sale and purchase agreements that may be related to the proceeds of the crime. This study uses a normative juridical method with a legislative approach and case studies to evaluate aspects of notary legal responsibility. The results of the study show that notaries have a legal obligation to ensure the legality of the object of the transaction, and can be held accountable if they are negligent in carrying out these duties
MEDIATION AS A SETTLEMENT OF ELECTRONIC BOOK COPYRIGHT DISPUTES TO PROVIDE LEGAL CERTAINTY FROM A BENEFIT PERSPECTIVE Khamozaro Waruwu; Triono Eddy; Adi Mansar
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.v23i3.5490

Abstract

The use of mediation as an effort to resolve electronic book copyright disputes has become a trend in the community to utilize dispute resolution based on several factors that place it with various advantages, including economic factors, legal culture factors, the wide scope of problems that can be discussed, coaching factors. good relations between the parties and process factors. Based on this, it has become a necessity that mediation is no longer an alternative dispute resolution but rather a dispute resolution effort that must be taken if there is a violation of electronic book copyright. This is in line with the great interest in mediation as an effort to resolve electronic book disputes in providing legal certainty and various perspectives on the benefits of mediation. The purpose of writing is to discuss mediation as an alternative resolution of electronic book copyright disputes. Intellectual Property Rights are referred to as material rights, and the results of this work can be in the form of immaterial objects "intangible objects" which originate from the work of the brain and the results of the work of reasoning ratios which give rise to intellectual property rights. The Copyright Law, especially in Article 40 Paragraph (1) letter n, implicitly recognizes that digital or electronic books (e-books) are one of the adapted works that receive protection. Even though the Copyright Law provides legal guarantees or protection to copyright, creators and copyright holders, in its implementation there are still irregularities in the field of copyright and perpetrators of copyright irregularities can be legally prosecuted. Mediation is a type of dispute resolution that can be chosen in resolving issues in the field of IPR, especially regarding e-book piracy disputes which are currently widespread. This research uses a normative juridical research method with two types of approaches, namely the statutory research approach and the case research approach. Mediation is the most effective alternative dispute resolution and is required for copyright disputes because it is regulated in the Copyright Law. Apart from this, the form of dispute resolution through mediation has other advantages in the form of being completed more quickly, being lighter, having lower costs and satisfying both parties
LEGAL PROBLEMS REGARDING DISPUTES IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES IN CORRECTIONS INSTITUTIONS Revanda Bangun; Muhammad Arifin; Ida Nadirah
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.v23i3.5491

Abstract

Procurement goods and services government is part important in operate wheel state administration , including in the environment institution correctional . However , in In practice , this process often face various problems law that triggers dispute . Research This discuss reason main dispute procurement goods and services in the institution correctional , such as mismatch procedure with applicable regulations , misuse​ authority , conflict interests , and minimal transparency . In addition , the obstacles in implementation the rules that are set in Presidential Decree No. 16 of 2018 concerning Government Procurement of Goods/Services participate to worsen situation . The dispute that arose often leading to a long legal process and impacting efficiency organization task socialization . Research This recommend existence improvement supervision , transparency , and implementation sanctions firm For minimize dispute in procurement goods and services in the institution correctional
Optimization of Restorative Justice in the Settlement of Criminal Cases of Fraud and Embezzlement by Police Investigator Surya Wahyu Danil Juni Harsya Dalimunthe; Triono Eddy; Ida Nadirah
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.v23i3.5492

Abstract

This research discusses the implementation of restorative justice by National Police investigators as a solution to solve criminal cases of fraud and embezzlement of online arisan. The rise of online arisan fraud cases causes material and immaterial losses for the community, as well as adding to the burden on the criminal justice system. The restorative justice approach is an alternative settlement that focuses on recovering victims' losses, accountability of perpetrators, and restoring social relationships. This study uses a mixing method method between normative and juridical by analyzing related legal policies and case studies on the settlement of online arisan fraud cases through a restorative approach. The results of the study show that the implementation of restorative justice is effective in resolving cases quickly, reducing the burden on judicial institutions, and providing a sense of justice and satisfaction for victims and perpetrators. However, challenges such as public legal awareness and consistency in policy implementation still need to be considered. In conclusion, restorative justice is an appropriate and humane solution in dealing with cases of fraud and embezzlement of online social gatherings, provided that there is a commitment from law enforcement officials and clear policy support.
Political and Legal Reconstruction of the Urgency that Forces the Issuance of PERPPU in Indonesia Based on Fair Benefit Values Indra Utama Tanjung; Mhd Syahnan; Akmaluddin Syahputra
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.v23i3.5495

Abstract

Legal sovereignty in Indonesia places the 1945 Constitution as the highest norm, which is the basis for other legislation. In the legal hierarchy, PERPPU is an executive product issued based on presidential prerogative in times of urgent and compelling circumstances. This research aims to examine the position of PERPPU, especially PERPPU No. 2 of 2022, in the context of a compelling emergency in accordance with Article 22 paragraph (1) of the 1945 Constitution. This study uses quantitative and juridical-normative methods to explore the application of PERPPU in legal practice, taking into account the complexity of social phenomena and normative values, including doururiah in Islamic law. A multidisciplinary approach is applied, involving theories from figures such as Amartya Sen, John Locke, and Montesquieu, as well as the principles of the Rule of Law. Primary and secondary data were analyzed through document studies, semi-structured interviews and field observations. The research results show that PERPPU No. 2 of 2022 concerning Job Creation, which was issued as a response to urgent global economic conditions, fulfills the requirements of compelling urgency as mandated by the 1945 Constitution. However, the publication process raises concerns about subjectivity and potential abuse of power. The DPR's approval of the PERPPU represents a constitutional step in the right direction, but broader involvement of stakeholders and transparency of the process are essential to ensure fairness and compliance with the principles of the rule of law. PERPPU, as an instrument issued in urgent circumstances, must be managed strictly and only used as a last resort. The involvement of the DPR in the approval process is an important democratic control, but it must be carried out efficiently to avoid a legal vacuum. Transparency in the process of determining and evaluating compelling emergencies is critical to maintaining the integrity of the legal system and public trust. This research suggests the need for reform in PERPPU issuance procedures to ensure that each publication is based on objective and urgent needs, by avoiding broad interpretations that could lead to abuse of power.
Sharia Hotel Business Develovment Strategy in North Sumatera Province Rijal Allamah Harahap; H.M. Syukri Albani Nasution; Sugianto
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.v23i3.5496

Abstract

This research aims to determine the obstacles faced by the Istana IV Syariah Hotel in developing its business and find appropriate solutions and strategies to overcome these obstacles. This research uses the Analytic Network Process (ANP) method with assistance from Super Decisions Software. The research results show that: Internal problems are a priority problem in the sharia hotel business development strategy in North Sumatra Province, then accompanied by external problems. The most priority internal problem based on an expert perspective is HR problems, based on the perspective of sharia hotel practitioners the most priority internal problem is sharia hotel management problems. Based on the expert's perspective, the most priority external problem is the problem of time, while based on the perspective of sharia hotel practitioners, the priority is the MUI policy problem. The priority solution is an internal solution followed by an external solution based on the perspective of sharia hotel experts and practitioners. The internal solution that is a priority according to experts is HR solutions, the same as the external solution that is a priority based on the perspective of sharia hotel practitioners, namely HR solutions. The priority strategy based on the perspective of sharia hotel experts and practitioners is the strategy of not carrying out price wars, followed by the strategy of finding a market niche that suits the hotel, next the strategy of providing services to guests, next the strategy of offering unique experiences to potential guests, then the strategy of collaborating with a travel aggregator, next is an active strategy on social media, next is a strategy to use the power of email marketing, next is a retargeting strategy, next is a strategy for asking for advice and finally a strategy for creating a sharia hotel blog.
ORGANIZING HALAL CERTIFICATION SERVICES AFTER LAW NO 6 CIPTA KERJA 2023 CASE STUDY HALAL CENTER UIN SUNAN KALIJAGA Warsis Mawardi; Muchammad Ichsan; Moh. Lubsi Tuqo Romadhan
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.v23i3.5500

Abstract

Law Number 06 of 2023 concerning Halal Product Guarantee is one of the laws included in the structuring cluster of the Law on Job Creation (omnibus law). Several provisions / norms were changed as an effort to regulate regulations for the ease of business licenses in Indonesia, Halal certification for MSE Products, changes in the authority to accredit the Halal Examining Agency (LPH), the authority to certify Halal Auditors, the involvement of Islamic organizations in the implementation of LPH, simplifying the bureaucracy, the timing of issuing Halal certificates and changing sanctions for norm violations are some of the provisions that distinguish between the Law on Halal Product Guarantee and the Law on Job Creation in this Halal Product Guarantee (JPH) cluster. This method was chosen because the analysis cannot be in the form of numbers and researchers describe all phenomena that exist in society clearly. This research also contains facts that occur in the field and an overview of the role of the Halal Center UIN Sunan Kalijaga in carrying out the mandate of the Job Creation Law on Halal Product Guarantee so that it can then be studied in depth with theoretical approaches. LP3H UIN Sunan Kalijaga has conducted 6 batches of PPH Facilitator Training, from March - July 2022 and from around 1400 participants only graduated 900 PPH Facilitators from all over Indonesia. In 2023, LP3H UIN Sunan Kalijaga began to hold PPH Facilitator Training, as of July 2023 it has conducted up to 12 batches of training, and from 2200 participants graduated 1400 PPH Facilitators from all over Indonesia. The cost comparison after the existence of the Job Creation Law is quite significant where previously they had to pay a minimum of Rp. 2,500,000, - while now it is only 0 rupiah or free
Legal Considerations in the Rebranding Strategy of Menur Mental Hospital: Compliance, Employment, and Data Privacy Septevanus Rantetoding
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.v23i3.5501

Abstract

This study examines the legal implications of Menur Mental Hospital's rebranding strategy, with a particular focus on compliance with healthcare regulations, employment law, and data privacy practices. Adopting a quantitative methodology, the research collected data from 200 hospital employees through structured surveys and complemented this with an analysis of internal documents, including compliance policies and privacy protocols, alongside external legal frameworks such as GDPR. Descriptive and inferential statistical methods were applied to evaluate the impact of rebranding on regulatory compliance, employee satisfaction, and data security. The findings indicate substantial improvements in service accessibility, staff engagement, and public perception, coupled with effective management of data privacy concerns. This study highlights the pivotal role of strategic rebranding in addressing systemic challenges in mental healthcare, providing valuable insights for optimizing institutional performance and aligning with public health objectives.
Implementation of Undercover Buy In The Uncovering Of Narcotics Crimes By BNNK Pelalawan Zulkarnain S; M.Sijabat; Ali Ismail Shaleh
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.v23i3.5505

Abstract

Disclosure of narcotics crimes is not easy because drug abuse crimes are carried out in a systematic, organized, and hidden manner. Narcotics transactions are generally conducted at times and places that are difficult for the public to ascertain. Perpetrators always try to evade law enforcement in their drug abuse activities. From its nature, this study falls into observational research conducted through a survey method, which involves direct research at the study location using interview data collection tools. To avoid law enforcement reach, transactions are usually carried out with individuals who are already known due to the rapidity of illegal narcotics circulation. Often, those apprehended by law enforcement are only small-scale perpetrators as dealers, while narcotics traffickers are difficult to trace. Therefore, one strategy employed to uncover such crimes is the use of undercover purchases (Undercoverbuy).

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