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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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Criminological Study on Money Politics Crime in Elections: An Alternative Solution Taksir, Yuli Rahayu; Satria, Hariman
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.v23i2.5762

Abstract

The massive of money politics offence can be seen by data from the Indonesian Police and Bawaslu that in the 2019 Election there were 35 cases of money politics spread across 13 provinces. What is surprising is the research results from LIPI that more than 30% of voters believe that money politics is part of the democratic process so that it becomes something natural. In this context, there is a kind of urgency that forces a serious study of the money politics offences. The problem of this research is how money politics offences when viewed from a criminological perspective? This study uses a socio-legal research method, namely looking at legal problems with an interdisciplinary theoretical and methodological approach. The results of the study are as follows: (1) the positive paradigm refers to the consensus perspective, viewing the money politics offences as an action that is contrary to the consensus that has been agreed upon between the community represented by the legislature and executive. (2) the interactionist paradigms which departs from a pluralist perspective, viewing money politics offences as a reaction from society in the form of stigmatization of perpetrators of money politics. (3) the socialist paradigm which refers to the conflict perspective. That the money politics offences is seen as a disagreement of the perpetrators with the provisions that have been ratified by the state, in this case the Election Law. When connected with criminology theory, money politics offences is related to two theories, namely the anomie theory and the theory of social ties. It is recommended that in making policies regarding the Election, the government and legislation need to be based on criminology findings regarding the causes and effects of money politics offences
Legal Analysis of the Application of Standard Clauses in Banking Agreements and Their Legal Consequences Fitrianto, Bambang
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The use of standard clauses in an agreement is based on the needs that exist in society. The purpose of making a standard agreement at the Bank is to provide practicality to the parties so as to facilitate and save time in transactions. However, the absence of customer involvement in the preparation of the standard agreement puts the customer in a weak position. In this case the customer does not have the opportunity to negotiate it so that he only has the choice to accept or reject it. However, the standard agreement will only apply if the consumer is willing to obey and submit to any provisions prepared by the business actor.  The purpose of this research is to see the legal consequences of banks in the inclusion of standard clauses and the prudential principles of banks in the inclusion of standard clauses in the agreement. The method used in this thesis is normative juridical research, with data collection by library research and related laws and regulations. Based on the results of the research conducted, the form of agreement at the Bank is usually set in a standard form, based on the essence of the agreement, the parties involved have rights and obligations in creating the desired legal relationship. Standard clauses are allowed as long as the contents do not lead to an exoneration clause. In other words, the condition of exoneration is “a condition that specifically relieves the employer from responsibility for adverse consequences arising from the execution of the agreement. An agreement must be executed in good faith”. This means that in every agreement, basically all parties are free in determining the contents of the agreement, deciding with whom to make an agreement, but it must always be based on the principle of good faith, not violating laws and regulations, and not violating the interests of the community. This aims to achieve justice for the parties to the agreement so that there is no exploitation of the weak party.
Formulation Of Criminal Sanctions Policy Against Drug Crimes At Jayapura Resort Police Syah, Muhammad Topan; Ingratubun, Junaidi Abdullah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study aims to determine the application of sanctions against perpetrators of narcotics crimes and what factors hinder law enforcement officers in the context of overcoming narcotics crimes in the jurisdiction of the Jayapura Police. The type of research used is the socio-juridical approach method, namely in addition to studying the law theoretically and normatively in the form of analyzing various laws and regulations, books and articles that have a correlation and are relevant to the problems studied, it will also study the law in its implementation with data collection techniques through interviews and documentation. The results of the study show that the formulation of criminal sanctions against perpetrators of narcotics crimes in positive law is contained in Law Number 35 of 2009 concerning Narcotics in the context of eradicating narcotics crimes regulated in Article 111 - Article 148 and the inhibiting factors of the police in preventing the eradication and handling of narcotics crimes are due to the lack of awareness of the general public about their role in efforts to prevent and eradicate drug abuse, the lack of involvement of elements of society that are actually very strategic, effective and efficient for preventive efforts such as religious leaders, counseling that has been carried out so far in the community, especially teenagers, is lacking, paying attention to the conditions of the targets, drug prevention and rehabilitation programs have not reached rural areas. Therefore, it is necessary to revise the articles in Law Number 35 of 2009 which have legal weaknesses and complicate the law enforcement process; and it is necessary to prepare Indonesian legal instruments that can prevent the entry of organized crime such as narcotics, especially in terms of accommodating modern technology that can be used as a mode of crime.
Legal Arrangements on Waqf Money in the Context of Sharia Economics in Indonesia H.M. Ridlwan Hambali; Anwar Saleh Hasibuan; Fathonah K. Daud; Farida Isroani; Muh. Abdulloh Hafith
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.v23i2.5800

Abstract

Money waqf, a form of charitable giving in cash, is an emerging financial instrument in Indonesia's Islamic economy, complementing traditional in-kind wakaf such as land and buildings. While legal frameworks for its implementation exist through Law No. 41/2004 on Wakaf and Government Regulation No. 25/2018, challenges in its realization persist. These include limited public understanding of wakaf uang, influenced by the dominance of the Syafi'i school of thought, which traditionally focuses on immovable assets. Furthermore, insufficient socialization, institutional capacity, and government support hinder the effective mobilization of wakaf funds. Despite these challenges, the potential for wakaf uang to contribute to economic empowerment remains significant, especially with the rise of digital platforms facilitating easier participation. However, obstacles like low technological literacy and inadequate human resources within managing institutions need addressing. This research aims to evaluate the regulatory framework, challenges in implementation, and the role of wakaf uang in promoting socio-economic development in Indonesia. Findings emphasize the need for enhanced public education, stronger institutional management, and collaborative efforts between government, institutions, and the community to optimize the utilization of wakaf uang for greater economic impact.
LEGAL ASPECTS OF DIGITAL BANKING REGULATION IN INDONESIA: A STUDY IN CORRECTIVE JUSTICE Sugita, Indah Rahmawati
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.v23i3.5808

Abstract

The development of digital banking in Indonesia has had a significant impact on the banking and financial system, providing easy access and cost efficiency for the community. However, this transformation also presents challenges related to consumer protection, personal data security, and financial inclusion. Legal regulation of digital banks is very important to ensure that this technological advancement does not cause injustice or harm certain parties. This study raises corrective justice as a perspective to analyze the regulation of digital banks in Indonesia. Corrective justice emphasizes efforts to restore the rights of individuals who are harmed due to unfair actions. This study identifies several legal aspects that need to be considered in the regulation of digital banks, such as personal data protection, financial inclusion, the responsibility of financial institutions in consumer protection, dispute resolution, and supervision and law enforcement. To answer legal problems and resolve them for the benefit of customers, this study will use legal research methods, using a doctrinal approach and a statutory approach, as well as a conceptual approach. The results of this study indicate that customer protection for digital banking services can be achieved by preventing or handling unanticipated situations that may occur in the future by customers while the requirements for protecting digital banking customers remain the same as conventional banking. The legal efforts of customers carried out by digital banks are the same as the consumer dispute resolution process carried out by regulated commercial banks. In addition, Article 7 letter f of Law Number 8 of 1999 states that the return of the value of losses to digital bank customers Based on this study, it is recommended that digital bank regulations not only ensure protection for consumers, but also create a fair settlement mechanism for the injured party, in order to create a more inclusive and equitable digital banking system.
Standard Agreements and Legal Protection Customers of Financial Service Institutions Sihombing, Jonker
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

In carrying out its business activities, Financial Services Institutions carry out civil legal relations with the parties, and this is formalized in the form of a written agreement. This research analyzes how regulations are regulated in statutory regulations regarding standard agreements between customers and Financial Services Institutions and the extent of legal protection for customers of the Financial Services Institutions in question. The research carried out is normative juridical, using secondary data consisting of primary legal materials in the form of statutory regulations, supported by secondary legal materials in the form of books, literature, and legal journals. The research results show that the use of standard agreements is a common practice for Financial Services Institutions today. Not only is the standard agreement design formatted according to the interests of the Financial Services Institution as the more dominant party in the agreement, but it also contains extenuating clauses that burden other parties in the agreement. From the research results, it was concluded that customers' rights were more disadvantaged due to standard agreements made by Financial Services Institutions. In addition, standard agreements that contain exemption clauses give rise to legal consequences for customers, namely that the responsibility that should be borne by the Financial Services Institution changes to become the responsibility of the customer.
Law Enforcement Against Fraud in Banking Committed by the Board of Directors Tampongangoy, Grace Henni
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.v23i1.5804

Abstract

Fraud undermines public trust in the national banking system and causes financial losses to customers. Despite regulations like Law No. 10 of 1998 on Banking and Financial Services Authority (OJK) provisions, fraud enforcement in Indonesia remains suboptimal due to case complexity, weak oversight, and enforcement challenges. This study explores legal enforcement mechanisms for banking fraud by directors and contributing factors. Using a normative approach, the research analyzes laws, principles, and case studies. Data sources include the Banking Law, Limited Liability Company Law, OJK regulations, academic literature, and reports on fraud cases. Qualitative analysis links regulations to enforcement practices and identifies barriers. Findings show Indonesia's legal framework is comprehensive but inadequately implemented. Weaknesses include limited monitoring of directors abusing authority and difficulties in proving fraud involving complex data manipulation. Key obstacles include weak internal controls, minimal inter-agency coordination, and ineffective application of Good Corporate Governance (GCG) principles at the director level due to a lack of transparency and accountability. To address these gaps, the study recommends strengthening synergies between supervisory institutions and law enforcement, improving internal audits through independent reviews, and specialized training for handling financial cases. Instilling GCG principles among directors is crucial to prevent fraud. This study highlights the need for improved regulation and effective enforcement to enhance banking sector integrity.
The Benefits of Mursalat Related to Early Marriage: Implementation and Orientation From an Islamic Legal Perspective Widiyanto, Hari; Arifuddin, Qadriani; Khasanah, Fitrohtul; Fathudin; Saifudin; Muhajir
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.v23i3.5836

Abstract

Early marriage is a growing phenomenon in many countries, including countries with a Muslim majority. In the perspective of Islamic law, marriage is a part of worship that is highly valued, but there are provisions that must be considered so as not to harm the parties involved, especially in the context of early marriage. One approach used to assess whether early marriage is permitted or not in Islamic law is through the concept of maslahat mursalat, which is an effort to achieve public welfare that is not explicitly regulated in the Shari'a, but can be taken based on the goals and basic principles of Islam. This paper aims to analyze the application of the concept of maslahat mursalat in the context of early marriage, as well as its implications for the implementation of Islamic law. This study includes an analysis of the social, economic, and health impacts associated with early marriage, and discusses how Islamic law assesses young marriage by considering maslahat and mudarat (benefits and disadvantages). This study also seeks to examine how the orientation of maslahat mursalat can help align Islamic law with the needs of today's society, amidst the challenges of early marriage that often ignore the emotional, social, and physical readiness of individuals. The results of this study indicate that from the perspective of maslahat mursalat, early marriage is only permitted if it meets the criteria of greater welfare and does not bring harm to the parties involved. In addition, policy recommendations regarding early marriage need to consider various factors that support individual welfare, including education, mental readiness, and social and economic support. Therefore, the implementation of early marriage must be carried out carefully and wisely, ensuring that it does not violate the basic principles of Islamic law which emphasize the welfare of humanity.
Protection of Press Freedom through Strengthening Law Number 40 of 1999 in The Context of the Enforcement of Law Number 1 of 2023 Rina Rohayu Harun; Nurjannah Septyanun
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.v24i1.4988

Abstract

Press freedom for journalists has become increasingly restricted following the enactment of the National Criminal Code, Law No. 1 of 2023, by the government, raising concerns about the potential criminalization of journalists performing their duties. Several articles in the National Criminal Code (New Criminal Code) have been noted by the Press Council, one of which pertains to the broadcasting or dissemination of false news or information. The term 'any person' in the relevant article can apply to anyone, including journalists. Meanwhile, responsible and proper press freedom has already been accommodated through a specific law, namely Law No. 40 of 1999. The problem addressed in this study is how press freedom, based on Law No. 40 of 1999, relates to press offenses as regulated by Law No. 1 of 2023. The method used in this study is normative juridical, supported by empirical juridical analysis. The research findings indicate that even before the National Criminal Code was enacted, several journalists, including in the case of Asrul, were criminalized for allegedly spreading false news under the Electronic Information and Transactions Law (ITE Law). There is concern that the National Criminal Code could also be used by law enforcement to target journalists engaged in their journalistic profession. Therefore, revisions to certain articles in the National Criminal Code are necessary to provide exemptions for the journalistic profession, which is protected by the press law, and to establish a specific mechanism to be prioritized in the event of a press dispute.
Questioning the Meaning of Financial or State Economic Losses in Corruption Crimes After the Constitutional Court Decision Number 25/PUU-XIV/2016 Airlangga, Rendy; Abidin, R.B. Muhammad Zainal; Mahendra Suhartono; Purwoleksono, Didik Endro
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.v23i3.5200

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has changed Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law from formal criminal act to material criminal act, so that state losses must be interpreted as actual losses. On the basis of that decision, this research analyses the original intent or ratio legis of the word "can" in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law, which is useful to understand the spirit underlying the formulation of the word 'can’ or ‘formal criminal act’ since the inception of the Law. In addition, this research also reconstructs the meaning of financial losses or the state economy based on aspects morality. This research is doctrinal research that uses statute, conceptual, and case approaches. The results of this study conclude that the formulation of the word "can" in Articles 2 Paragraphs (1) and 3 of the Eradication of Corruption Crime Law is intended to facilitate proof of corruption in the field of finance or the state economy in Indonesia, whose modus operandi is increasingly sophisticated and complicated. However, corruption crimes are not only about financial or economic losses that must be proven and can be calculated but also moral losses that cannot be seen and calculated. Therefore, the reconstruction of the meaning of potential loss in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law in the future is very important to save the nation's morals.

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