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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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Building Trust For Ijen Merapi Ungup-Ungup Crater Nature Park Development Fierda Nurany; Bintoro Wardiyanto; Erna Setijaningrum
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This research aims to examine trust building and share understanding in the development of Ijen Merapi Ungup-ungup Crater Nature Park. There are allegations of corporate interests behind the expansion of Ijen Merapi Crater Nature Park. This research method is qualitatively descriptive approach through interviews from government, public and private. The results showed in 2020, the Minister of Environment and Forestry changed the main functions of forest areas into nature parks, leading to the formation of trust for the development of this nature park. But not yet formed due to constructive conflicts between stakeholders, egocentric interests, and lack of collaboration.
IMPLEMENTATION OF ELECTRONIC-BASED GOVERNMENT SYSTEM IN JAKARTA: THE CASE OF CYBER ATTACKS R. Fauzy; Bahrullah Akbar; Dadang Suwanda; Sutiyo; Mansyur Achmad; Ika Sartika; Juri Ardiantoro; Andi Fitri Rahmadany
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.v23i1.4695

Abstract

Information security in the Electronic-Based Government System (SPBE) of the DKI Jakarta Provincial Government is not yet optimal. The study found that 682 applications are vulnerable to cyber attacks, including the JAKI application in 2023. The causal factors include inadequate security budgets, insufficient personnel with BSSN certification (only 14 out of 31), and infrastructure that does not meet the ISO 27001: 2022 standards. Additionally, Information Security Standard Operating Procedures (SOPs) are not yet available in every Regional Apparatus Organization (OPD), and support from the Regional Council (DPRD) is still minimal. This study aims to analyze the deficiencies in SPBE information security in DKI Jakarta and provide recommendations for improvement. The theoretical foundations used are Government Science, Information Security, and Public Policy Implementation. The research method employs a qualitative approach, using secondary data analysis from official reports and literature reviews on public policy implementation and information security standards. The study concludes that increased budgets, personnel training and certification, as well as infrastructure and SOP improvements are urgently needed. As a global city, Jakarta must improve its information security to protect its data and reputation, thereby enhancing the overall information security index. The recommendations include increasing the information security budget to 6-10% of the total SPBE budget, providing training and certification for all relevant personnel, updating the infrastructure to meet the ISO 27001:2022 standard, and developing and implementing Information Security SOPs in each OPD . Strong policy support from the DPRD is also crucial to strengthen these efforts and support Jakarta's position as a Global City.
Implementasi Asas Pemisahan Horizontal dalam Memberi Kepastian Hukum Bangunan Gedung sebagai Objek Jaminan Fidusia Lilawati Ginting; Montayana Meher
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.v23i3.4961

Abstract

Asas pemisahan horizontal adalah asas yang memisahkan hak atas tanah dan hak atas atas bangunan gedung baik yang berada di atas maupun di bawah permukaan tanah. Di Indonesia, implementasi asas pemisahan horizontal diwujudkan dengan diterbitkannya surat bukti kepemilikan bangunan gedung (SBKBG) oleh pemerintah berfungsi sebagai bukti kepemilikan dan memfasilitasi penggunaan bangunan gedung sebagai jaminan melalui perjanjian fidusia, sesuai peraturan perundang-undangan. Penelitian ini bertujuan untuk menganalisis implementasi pemisahan horizontal untuk memberikan kepastian hukum terhadap bangunan yang dijadikan objek jaminan fidusia. Penelitian ini merupakan penelitian normative. Adapun hasil penelitian yang diperoleh adalah bahwa pelaksanaan pengikatan bangunan gedung sebagai objek jaminan harus selalu dilengkapi dengan persetujuan tertulis dari pemilik tanah, agar tidak terjadi hambatan pada saat eksekusi objek jaminan fidusia.
Protection Registration Parameters for Legal Protection of Geographical Indication Products Against Combination Factors (Natural Factors with Human Factors) Kadek Apriliani; Putu Angga Pratama Sukma; I Made Sudirga
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The research aims to explore the impact of geographical indications on increasing the value of products or commodities, thereby boosting the economy of the region where the geographical indications originate. This focus is directed towards the producers rather than the farmers (protecting the communal society) and adheres to the "first to file" principle, where the party that first applies for registration is prioritized. The study utilizes a normative legal research method, focusing on the lack of norms regarding the parameters for protecting the registration of geographical indications. It appropriately employs the following approaches: statute approach, conceptual approach, and analytical approach. The research emphasizes that the assessment and application of geographical indications with a combination of factors must be fulfilled jointly or consider both natural and human factors influencing the quality characteristics of the produced goods. For instance, potential protection under geographical indications with a combination of factors involves products with main raw materials. The goal is to prevent imitation claiming to be a genuine product in circulation and exploiting geographical indications for the benefit of the rights holder. To ensure beneficial certainty, the geographical indications with a combination of factors require a parameter.
The Application Of System Based Models Victim Offender Mediation Towards Recovery Of State Financial Losses Due To Corruption In Indonesia Victor Antonius Saragih Sidabutar; Febrian Febrian; Nashriana Nashriana; Ruben Achmad
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.v23i3.5192

Abstract

In some cases, corruption has the potential to develop into money laundering, which will complicate the performance of law enforcement officers to track suspicious financial transactions and save assets suspected of belonging to the state. In response to this problem, the replacement money payment system is carried out by law enforcement officers. However, based on the results of the investigation, the implementation of replacement money payments for the recovery of state financial losses is considered ineffective and inefficient at the application and execution stages. Therefore, a legal breakthrough is needed in the form of the use of penal mediation as an effort to maximize state financial recovery. The purpose of this study is to identify the problems of recovering state financial losses due to corruption in Indonesia and the application of the victim offender mediation system based models to recovering state financial losses due to corruption in Indonesia. The results of this study indicate that the alternative nature contained in the construction of Article 18 of Law. No. 31 of 1999 has the potential to result in efforts to recover state financial losses being less than optimal and effective, this is due to the tendency of perpetrators to avoid responsibility for paying replacement money. The application of SBM VOM to recovering state financial losses can be done by accommodating the concept of PB in positive law in Indonesia. This research is a normative legal research using 3 approaches, namely the statutory approach (Statute Approach), the conceptual approach (Conceptual Approach) and the comparative approach (Comparative Approach).
Service Management of the Direct Cash Assistance Program in Lasoani Urban Village, Palu City, Central Sulawesi Province Rudin M.; Maria Lea Frensy Bakarbessy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This research aims to evaluate the service management of the Direct Cash Transfer Program in Lasoani Village, Palu City, using a normative juridical approach. This Program refers to Article 34 paragraph (1) of the 1945 Constitution, Law No. 11/2009 on Social Welfare, and Law No. 13/2011 on Handling the Poor. The research used descriptive qualitative methods through interviews, observation, and documentation. The results show that a strong legal foundation and systematic planning support the success of this Program. However, obstacles such as budget and administrative delays are still a challenge in implementation. This research confirms the importance of regulatory harmonisation, transparency, and strengthening the capacity of implementers to improve the effectiveness of the Program. Thus, BLT can contribute more to poverty alleviation and social welfare.
The Optimization of the Notary's Role Based on the Value of Justice in Achieving Legal Certainty of Banking Credit Desy Artha Pertiwi
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.v23i1.5623

Abstract

Notaries have a moral and professional responsibility to ensure the validity of banking documents and to prevent future disputes. In the context of economic development, the authentic deeds created by notaries play a crucial role in establishing legal order through strong evidence. This research focuses on optimizing the role of notaries in creating justice and legal certainty in the drafting of banking credit deeds. The aim is to examine the role of notaries based on justice values in this process and to provide recommendations for enhancing notaries' responsibilities and legal protection. This study employs a normative research method with a juridical approach, referring to relevant laws and legal literature. The findings indicate that the role of notaries is essential in ensuring the validity of banking credit documents and preventing future disputes. However, ethical challenges and pressures from certain parties often affect this role. The main recommendation of this study is the need for strengthened oversight and improved competence of notaries to support professional integrity and substantive justice in notarial practice.
Legal Protection in Indonesia's Cyber Resilience: Strategy and Implementation to Support National Defense Priyanto
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.v23i3.5639

Abstract

Legal protection and cyber resilience strategies in Indonesia are important issues considering the increasingly complex cyber threats that threaten national security. This study aims to analyze the relationship between legal protection strategies and cyber resilience, as well as the role of policy, technology, and international cooperation in strengthening Indonesia's cyber resilience. The type of research used is qualitative research with a case study approach. The research population consists of experts and practitioners in the fields of law and information technology, with a purposive sampling technique. The number of samples taken was 15 respondents, including government officials, cyber security practitioners, and related academics. This research was conducted in Jakarta for six months. The results of the study indicate that clear legal policies and harmonization of domestic and international policies are very important in strengthening cyber resilience. In addition, the implementation of effective legal policies, increasing institutional capacity, and more intensive international cooperation can accelerate the response to cyber threats. Advanced technologies, such as artificial intelligence and big data, also play an important role in detecting and responding to threats in real time. The implications of this study are the importance of strengthening adaptive regulations and synergy between institutions in building more resilient cyber resilience in Indonesia.
Justice, Certainty, and Legal Benefit in the Decision of the Bengkulu Religious High Court on Child Living Expenses after Divorce Happy Pian; Beni Ahmad Saebani; Oyo Sunaryo Mukhlas; Tajul Arifin
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.v23i3.5672

Abstract

Due to parental divorce, children become victims and require the husband as the father to pay for the child's living expenses until they are independent. However, the amount of living expenses is not regulated by law and there are no legal sanctions if the father violates the decision. This often harms the mother and child who have custody. This study aims to analyze: (1) Considerations of the Religious Court in determining the child's living expenses after divorce; (2) Implications of the Religious Court Decision regarding the child's living expenses; (3) Legal efforts of the wife against the ex-husband who does not comply with the decision; (4) Clarity and justice of the law in decisions regarding the child's living expenses. The theories used include the theory of legal benefit from Imam Al-Ghazali and the theory of legal principles from Gustav Radbruch. This study is qualitative with a descriptive analysis method, using data from the contents of the Religious Court decision. Data were obtained through observation, interviews, documentation, and content analysis. The results of the study show: (1) Variation in the amount of the child's living expenses; (2) Many violations of the father's actions in fulfilling the cost obligations; (3) Legal efforts taken by the wife; (4) The decision must regulate more property guarantees to facilitate the implementation of the child's living expenses. Legal development is needed regarding clauses in decisions and statutory regulations.
The Concept of Justice in Compensation Arrangements to Realize the Establishment of National Law Wahyu Prawesthi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Providing compensation is an effort to achieve justice for parties who experience losses in various legal contexts, including in data defense, criminal and administrative matters. The concept of justice in providing compensation in Indonesia needs to be understood as part of efforts to establish national law that reflects community values ​​and national interests. Justice is not only limited to providing rights to the injured party, but also includes providing balanced sanctions to the party who caused the loss. The existence of clear and consistent regulations regarding compensation will increase public confidence in the national legal system and prevent legal violations. The formation of national law based on the concept of justice in providing compensation also needs to take into account universal principles and relevant norms. This effort includes synchronizing regulations between legal sectors and strengthening the role of judicial institutions in providing fair compensation. Thus, it is hoped that regulations regarding fair compensation can support the formation of national laws that are responsive, progressive and fair for all Indonesian people

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