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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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Criminological Study on Money Politics Crime in Elections: An Alternative Solution Yuli Rahayu Taksir; Hariman Satria
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 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 Bambang Fitrianto
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 Muhammad Topan Syah; Junaidi Abdullah Ingratubun
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

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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 Indah Rahmawati Sugita
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.v23i3.5808

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.
The Conflict of Legal Regulations Norms Business License For Recruitment and Placement of Ship Crew Werdhi Sutisari; Musa Darwin Pane
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.v23i2.5810

Abstract

Disharmony in context regulation legislation is a event ,where there are two or more regulations that govern aboutOne the same substance , but each of them regulation the Noown technical equation its arrangement. Disharmonyregulation legislation can also be said existence mutuallyexclusive rules overlap overlap between One regulation withregulation others , so that result in existence oppositionregulation Good in a way vertical or horizontal, andoverlapping overlap regulation the caused by Because too theamount existing laws in Indonesia. There is disharmony lawnaturally result in enforcement existing regulations ,meaning that existence regulation is to organize life society ,but regulations can be No effective while happen disharmonyfrom regulations. This research uses study legal normative ,namely with adopt approach law normative , which focuseson analysis to regulation applicable legislation and conceptslaw . His analysis is descriptive qualitative , with describe ,explain and analyze aspects law with use qualitative . Thepurpose is is to provide an overview in a way comprehensiveabout disharmony regulation legislation. Research result :when it turns out happen conflict of norms, then effort lawsettlement conflict of norms in business permits Ministry ofLaw and Human Rights and Ministry of Transportationwith use First principle preferences . Principles preferencesused in solving conflict of norms that occurs betweenregulation legislation . If associated with principle thispreference , the problems that occur more appropriate useprinciple the third preference namely lex specialist derogatelegi general.
EFFECTIVENESS OF SUPERVISION AND OBSERVATION JUDGE WASMAT IN GUIDANCE OF PRISONERS IN CORRECTIONAL INSTITUTIONS Sri Wulandari
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 study aims to analyze the effectiveness of the supervisory and observation function of the supervisory and observer judge (Wasmat), the special task as a control/follow-up system of the judge's performance after passing a verdict in court so that the purpose of sentencing can be achieved and there are no deviations while the inmate is serving his sentence in the correctional institution. The research method uses a normative legal research type with secondary data supported by primary data with qualitative descriptive research specifications. Supervision and observation are carried out to realize the protection of the rights of prisoners who are subject to deprivation of liberty and conditional sentences both inside and outside the correctional institution. Judge Wasmat has an important role and is not intended to interfere/seize the authority of correctional officers in carrying out guidance as stipulated in Law No. 22 of 2022 concerning Corrections. It is hoped that after being released, prisoners will return to society as good people and can participate in development. However, in carrying out these duties, the judge is often faced with various problems as obstacles, such as the existence of statutory regulations as a legal umbrella that is considered not optimal (Articles 277 and 283) of the Criminal Procedure Code, problems with facilities and infrastructure, limited number of judges and bureaucratic factors between other law enforcers. So there needs to be good cooperation between law enforcement institutions, prisoners and the community to get the expected results.
The Business Competition Between Traders in Modern and Traditional Markets in Jambi City (An Economic and Juridical Analysis) Supeno Supeno
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

At present there are many modern markets establishing in Jambi City. The existence of modern markets on the one hand is able to improve the community's economy and regional income, on the other hand it has an impact on traditional traders. The aim of this research is to analyze juridically the impact and strategies of clothing traders in traditional markets in facing competition with modern markets in Jambi City. The research method used is juridical-empirical research, namely examining social phenomena that occur in society in relation to applicable legal regulations, and analyzed using a socio-legal approach. The results of the research show that economically the establishment of modern markets has had a negative impact on traditional traders in the form of decreased sales turnover, lack of buyers, permanent closure of stalls and layoffs of employees in Jambi City, Juridically, the existence of modern markets does not pay attention to the provisions of applicable laws and regulations such as distance provisions, not being able to detrimental to traditional markets and the need to establish partnership programs with MSMEs and so on.
Pengembangan Kapasitas Relawan Melalui Pembuatan Film Dokumenter Di Kawasan Sesar Lembang Evi Rosfiantika
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

Kecamatan Lembang in West Bandung Regency is prone to earthquakes due to the active Lembang Fault, capable of generating magnitudes of up to 6.5–7. Relawan Penanggulangan Bencana Lembang (RPBL), established in 2017 as a collaboration of five disaster-focused communities, works on disaster response and mitigation education, including partnering with Relawan Penanggulangan Bencana Lembang (RPBL). To maintain its relevance, a community must engage in capacity building, which involves identifying, mobilizing, and managing resources to address challenges and strengthen social, organizational, and material aspects. In disaster mitigation, this can be achieved through structural and non-structural approaches, such as disaster documentary films to raise awareness. Using a qualitative case study approach, this research gathered data through interviews and literature to explore how documentary filmmaking enhances community capacity and supports sustainable development. The findings show that documentaries effectively convey earthquake history, risks, and mitigation strategies in an accessible way, fostering broader collaboration and inspiring similar initiatives. Despite resource limitations, the project succeeded through partnerships with students and multimedia professionals, offering a scalable model for enhancing disaster resilience in vulnerable areas.
Standard Agreements and Legal Protection Customers of Financial Service Institutions Jonker Sihombing
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

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.

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