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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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Personal Data Protection Through Law Number 27 Of 2022: Challenges Of Cybercrime in The Era of Globalization and Digital Setyo Utomo
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.v23i3.5611

Abstract

This research was compiled based on the urgency of massive technological and information developments in Indonesia. Due to this development, it is also accompanied by negative impacts in the form of cybercrime targeting people's personal data. The implementation of the law must be in accordance with the reality of the development of the times. The formulation of the problem taken and discussed in this study is how the development of personal data protection through Law Number 27 of 2022 and how urgent Law Number 27 of 2022 is in meeting the demands of the community for personal data protection. The method used is normative juridical which uses primary data. The search for literature sources uses library studies. The results of this study are that the Government of the Republic of Indonesia through Law Number 27 of 2022 guarantees the right to privacy and personal data of citizens as one of the protections of human rights. Furthermore, this personal data protection law becomes a law that aligns Indonesian personal data protection regulations with international standards. Sanctions for violations of personal data protection provisions are also stated more firmly in this law
Legal Protection for Murder Victims as Perpetrators of Forced Defense From The Perspective of Victimology Kartina Pakpahan
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.v23i3.5612

Abstract

Article 1 paragraph (3) and Article 27 paragraph (1) of the 1945 Constitution stipulate that all citizens have equal standing before the law. Furthermore, Article 28 D paragraph (1) states that everyone has the right to recognition, guarantee, protection, and certainty of fair law and equal treatment before the law. These provisions stipulate that all orders in national, social and state life are based on applicable laws and regulations. Therefore, all actions should be carried out according to the law, both by society and law enforcement. Psychologically, everyone does not want to lose their lives and property. In criminal acts, some victims react with resistance and some do not. But among the many crimes, it turns out that there are victims who react with resistance to the point of paralyzing the perpetrator of the crime, even to the point of causing the perpetrator to lose his life. As a result, the victim's self-defense efforts give rise to a case, namely being named a suspect for the crime. Therefore, this study aims to determine how legal protection is for victims of robbery as perpetrators of forced defense from a victimology perspective. This research was conducted using an empirical legal method, using progressive legal theory and legal justice theory. So that through this research, it was found that there was a change in understanding of investigators and investigators at the Indonesian Police that based on legal theory, there is an exception to the determination of a suspect or it can be said as a reason for the elimination of a criminal offense, namely justification and forgiveness as a duty and as self-defense for a crime.
Lack of Legal Certainty Regarding the Role Of Mineral and Coal Mining Taxes In Environmental Recovery Triyono Martanto
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.v23i3.5613

Abstract

Post-mining environmental recovery efforts are a must in order to realize mineral and coal mining with a sustainable development perspective as well as ecological justice, in order to realize this, the existence of a mechanism for the availability of a post-mining environmental recovery budget is needed. One of these mechanisms is through mineral and coal mining taxes as referred to in Law Number 28 of 2009 concerning Regional Taxes and Regional Retributions, however, taxes as a mechanism for providing a post-mining environmental recovery budget have not been implemented until now. Especially Lack of Legal Certainty Regarding the Role Of Mineral and Coal Mining Taxes In Environmental Recovery. This paper uses a descriptive explanatory research method. Based on the study conducted, it can be seen that the implementation of mining taxes has not been able to realize ecological justice, this is because tax regulations have not optimally implemented coercive efforts and through criminal law channels so that the culture of tax irregularities and mining tax evasion is high, including mining taxes.
Legal Review of Legal Protection for Bond Holding Investors (Case Study at Bank X) Willy Tanjaya
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.v23i3.5614

Abstract

The Capital Market has a quite promising role in the development of the Indonesian economy, namely as a source of financing for the business world and an investment vehicle for the community. One form of investment activity offered to investors in the capital market is bonds. Investing in bonds is not without risk, because the bond issuer may fail to pay its obligations. To protect investors from this risk of default, in the bond issuance process, the issuer involves a third party (trustee) who represents the interests of investors. This research is a normative-empirical juridical type. This research is descriptive. The data in this study consists of primary data and secondary data. The data collection instruments in this study are divided into two, namely primary and secondary data. Primary data was collected using the interview method, while secondary data collection used documentation studies. This study uses qualitative analysis techniques, because the data obtained is mostly qualitative data. The objective of this study is to analyze the application of legal protection for bondholder investors against the risk of default.
Legal Protection for Female Workers Who Are Unilaterally Laid Off by the Company Masitah Pohan; Rahmayanti
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.v23i3.5616

Abstract

The implementation of carbon tax has been postponed twice by the government based on the mandate of Articles 13 and 17 of Law No. 7/2021 on Harmonization of Tax Regulations. However, it is unclear how long these delays will last, raising questions about compliance with existing regulations. The postponement of carbon tax implementation based on existing regulations in the Harmonization of Tax Regulations raises concerns regarding compliance with the mandate of the law. The reason for the delay given by the government also needs to be further evaluated to ensure policy consistency and transparency in decision-making. This research aims to analyze the postponement of carbon tax implementation based on the regulations listed in the Taxation Regulations Harmonization Act, as well as identify the reasons for the postponement given by the government. This research method uses normative juridical, qualitative methods by reviewing literature, related rules, and regulations,Reasons for the delay given by the government include caution against a fragile economic recovery and a spike in energy prices. However, these reasons were also used to postpone the increase in the value-added tax (PPN) rate, potentially raising questions about compliance with regulations.
Analysis of the Legal Substance of Indonesia's Bilateral Investment Treaty (BIT): Balance of Rights and Obligations Based on National Interest Mira Nila Kusuma Dewi; Nurul Miqat; Sahlan; Sunardi Purwanda
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.v23i3.5619

Abstract

This study aims to analyze Indonesia's Bilateral Investment Treaty (BIT) Law: Protection of National Interests and Balance of Rights and Obligations of Investors. This research is a type of normative research that will examine and analyze the Bilateral Investment Treaty which provides a balance between rights and obligations based on Indonesia's national interests. The data collection technique through primary legal materials, secondary and tertiary legal materials that have been collected is invertarily, processed and studied in depth so that an overview of the legal issues being studied is obtained. Data analysis is legal material that has been processed and then analyzed using qualitative methods with content analysis techniques. The results of this study conclude that Indonesia's BIT which is in force until now generally still uses the old BIT model which often causes problems with other parties in the agreement, one of which is a lawsuit through ICSID filed by investors from countries that are partners in the Agreement. Sometimes the value of claims sued by investors is sometimes too large to burden the state's finances. This is what encourages the Indonesian side to review the content of the BIT that has been made. Many BITs have been stopped and some have been amended to avoid an imbalance of rights and obligations between investors and the state. Indonesia's BIT that will be created or is currently in force can be amended by including clauses that contain human rights values, environmental protection, sustainability and economic benefits
Return of State Losses Through State Administrative Instruments : an Effort to Avoid Criminal Liability Amriyanto Amriyanto; Andika Adhyaksa; Didith Prahara
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.v23i3.5632

Abstract

This study aims to analyze and give birth to the concept of state financial loss return through state administrative legal instruments and to give birth to a loss recovery model in the form of state financial loss return through compensation claims. This study uses a normative type of research using primary, secondary and tertiary legal materials. Legal materials are obtained through library research, then analyzed with qualitative techniques by drawing conclusions in a deductive way. The result of State financial losses due to unlawful acts, both intentional and negligent, that have implications for corruption crimes are problems that can hinder the growth and continuity of development. The return of state financial losses through criminal law instruments in the form of payment of compensation has failed to recover state financial losses. Enforcement of the criminal law on corruption should be the ultimate remedium, not the premium remedium. The legal instrument of state administration offers the recovery of losses through the return of state financial losses in the form of compensation claims. The instrument was used as an effort to avoid criminal liability, but it was successful in recovering losses. This research is very urgent in giving birth to the concept and model of returning state financial losses for the growth and sustainability of national development
Legal Certainty of Case Settlement Criminal Acts After Bankcrupty Decision Dedek Gunawan
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.v23i3.5636

Abstract

The issue of legal certainty in the settlement of criminal cases after a bankruptcy decision is a complex and important issue in the Indonesian legal system. In this case, the settlement of criminal cases after a bankruptcy decision poses a challenge, due to the differences between the principles of bankruptcy and criminal law. A bankruptcy decision that results in the settlement of debt obligations through the process of asset liquidation can conflict with the settlement of criminal acts involving criminal sanctions for perpetrators of the crime. This study aims to examine the legal certainty related to the settlement of criminal cases that occur after a bankruptcy decision, as well as to analyze the role and limitations of existing laws in efforts to resolve such criminal cases. By using a normative approach and analysis of applicable laws and regulations, the results of this study are expected to provide a clear picture of the relationship between bankruptcy law and criminal law in order to ensure legal certainty for the parties involved. Legal certainty is needed so that the process of resolving criminal cases is not disrupted by bankruptcy status, and to maintain justice for both creditors and parties involved in criminal acts. In conclusion, this study suggests that there should be harmonization between bankruptcy provisions and criminal acts so that there is no legal uncertainty in resolving criminal cases after a bankruptcy decision.
THE PERSPECTIVE OF DIGNIFIED JUSTICE AND HUMAN RIGHTS IN BUSINESS LAW AGREEMENTS: TOWARDS ETHICAL AND FAIR CONTRACTS Hendri Khuan; Ade Sathya Sanathana Ishwara; Saptaning Ruju Paminto
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.v23i3.5637

Abstract

The application of the principles of dignified justice and Human Rights (HAM) in business contract law in Indonesia has a very important role in creating economic growth that brings prosperity to all parties. Dignified justice must be carried out by the parties to the agreement so that the objectives of the agreed agreement can be achieved properly. The increasingly complex business contracts often reveal an imbalance in the fulfillment of rights between the parties involved. This situation can result in violations of the principles of justice and human rights, especially for parties whose position is weaker in an agreement, resulting in quite a few business disputes resulting from business agreements that have been made. Therefore, business law has a very important role in safeguarding and protecting the interests of the parties in business agreements. This journal aims to explain the importance of the principle of dignified justice in creating balance between the parties to an agreement, explain the role of human rights as a basis for protecting the fundamental rights of the parties to an agreement, and to identify challenges in implementing the principles of dignified justice and human rights in improving the quality of business agreements in Indonesia
Undersea Defense Development Strategy Facing the AUKUS Alliance in Maintaining National Defense in the Indonesian Archipelago Sea Route II Fadli Primeka; Setyo Widagdo; Alfi Haris Wanto
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

Abstract

This study discusses the Navy's underwater defense development strategy, especially that of Koarmada II, to overcome challenges in maintaining national security in the ALKI II region, especially the submarine threat in connection with the formation of the AUKUS alliance. This research uses a qualitative method approach based on case studies. Quantitative methods will be used to assign weights to the internal and external factors affecting the development of the Navy's strength, using these weights, this research will identify the best strategy that can be used by Indonesia in facing these challenges. Data for this research will be collected through interviews, document analysis, and literature review. There are seven main informants, namely, the Operations Assistant of Koarmada II; Commander of Koarmada II Escort Ship Unit; Commander of Koarmada I Escort Ship Unit; Commander of Koarmada II Submarine Unit; Commander of KRI Raden Eddy Martadinata-331 Koarmada II Escort Ship Unit; Commander of Banyuwangi Navy Base; and Commander of KRI Ardadedali-404 Koarmada II Submarine Unit. SWOT analysis is used to identify and formulate several strategies for developing the strength of the Navy. SWOT analysis is used in the development strategy integrated with the threat corridor around the ALKI II region. The data validation process used is the Content Validation Index (CVI), to provide an analysis of the results in the SWOT questionnaire.

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