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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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Review of Ratio Decidendi, the Public Prosecutor's Demands in Ultra Petita Against Criminal Law Enforcement in Indonesia muh Nasir
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.v24i1.5858

Abstract

Ratio Decidendi Hakim in deciding cases that are Ultra Petita in criminal law enforcement in Indonesia. Ultra Petita is a judge's decision that decides outside of the Public Prosecutor's indictment, while the background for writing this thesis is Ultra Petita's decision  which is contrary to Article 182 Paragraph (4) of the Criminal Procedure Code which states that the Judge's deliberations in his decision must be based on the indictment and everything that has been proven in the trial and in the rules of Article 183 of the Criminal Procedure Code states that the Judge in deciding the case is based on the above at least 2 (two) pieces of evidence and conviction, The problem used in this study is what  is the ratio of decidendi to the judge's ultra petita verdict  in criminal cases in Indonesia? And what are the implications of the existence of the judge's ultra petita verdict  in criminal law enforcement in Indonesia? The method used in this thesis is normative-empirical. Normative-Empirical Law Research (applied law research), which is a research that uses normative-empirical legal case studies in the form of legal behavior products, namely a combination of research on legal principles. Research on legal systematics. Research on the level of legal synchronization. Legal history research. Comparative legal research.  Meanwhile, Sociological or Empirical Law Research, which consists of: Research on legal identification. Research on legal effectiveness The results of the research The ultra petita  verdict is a decision issued by a panel of judges in a case outside the indictment of the Public Prosecutor, because it is known that the indictment was prepared incarefully so that it could not be proven in court. There are several examples of ultra petita  decisions within the framework of criminal law enforcement in Indonesia. Among them are: Decision Number: 17/Pid.Sus/TPK/2014/PN. JKT. PST related to corruption cases, Decision Number: 55/Pid.Sus/2019/Sit related to narcotics possession cases, Decision Number: 240/Pid.Sus/2021/PN. TNG related to the Narcotics case, Decision Number: 537/Pid/B/2007/PN.Jkt The team is related to the murder case, Decision Number: 314/Pid.Sus/2015/PN. Rap is related to the Narcotics case, and Decision Number: 407/Pid.Sus/2015/PN. SBY is related to a narcotics case. The six decisions are ultra petita because of the inaccuracy of the Public Prosecutor in compiling the indictment, so that in order to give a verdict to the defendant who has actually committed a criminal act, in this case the panel of judges uses other similar articles so as not to do the same. Therefore, in the perspective  of the ratio decidendi theory, judges' decisions must be able to present alternatives that can be an option in efforts to enforce justice.
Reassessing the Reserve Component: A Critical Review of Indonesia’s Law on the Management of National Resources for State Defense Al Araf
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.v23i2.5876

Abstract

This paper examines the legal and conceptual issues surrounding Law No. 23/2019 on the Management of National Resources for National Defense (PSDN), with a particular focus on the management of the Reserve Component. It argues that the PSDN Law contradicts several constitutional principlesand established legal norms in Indonesia. The analysis highlights four key areas of concern:(1) the excessively broad role assigned to the Reserve Component in addressing hybridthreats, which risks blurring the boundaries between military and civilian functions; (2) Article 75’s provision allowing the use of regional government budgets to fund reserve components, which undermines the constitutional principle of centralized military financing; (3) the divergence of Indonesia’s Reserve Component policy from international trends that increasingly emphasize defensediplomacy, professionalism of security actors, and voluntary service; and (4) the problematic expansion of the Reserve Component’s role within the national security architecture. The paper concludes that a reorientation of defense priorities is necessary, to the one that focuses on the modernization of Indonesia’s primary weapons systems and the welfare of its professional military personnel, while ensuring that the Reserve Component operates within a
Efforts to Optimize the Management of Regional Wealth in an Effort to Increase Regional Original Income Lubis, Ahmad Yasir; Eddy, Triono; Wajdi, Farid
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.v23i2.5877

Abstract

The condition of BUMN is one step ahead compared to the business activities carried out by BUMD. Another problem lies in the Human Resources (HR) and management of BUMD management. The relatively small share of the Regional Company's profit as one of the sources of regional PAD is that most of its businesses are relatively medium and small scale, in addition to many of which have not been organized based on the principles of the company's economy, but are relatively more based on considerations of public serviceIn a limited liability company, shares owned by an individual or legal entity provide rights in the form of dividends to him as regulated in Article 52 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies. In order to realize these conditions, ideally the construction of BUMD is directed to be in the form of a corporation. In order to manage BUMD in the form of a corporation, it can adopt the concept of managing state-owned companies under the auspices of the Ministry of BUMN which has implemented Good Corporate Governance in its management. In order to realize Good Corporate Governance in BUMD, a good governance structure is needed. Governance Structure or termed governance structure can be interpreted as a framework in an organization to apply various principles so that these principles can be shared, implemented and controlled. Specifically, the governance structure must be designed to support the running of organizational activities in a responsible and controlled manner
Legal Liability of Health Care Facilities for Leakage of Patient Electronic Medical Records Adi Herisasono
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.v24i1.5880

Abstract

Electronic medical record (EMR) data breaches have become an increasingly significant issue in healthcare, as the use of digital technology for patient data management rises. EMRs provide healthcare professionals with faster and more efficient access to patient information. However, this convenience also introduces the risk of data breaches, which could harm patients. This article aims to explore the legal responsibilities of healthcare facilities in managing EMR data breaches and the consequences resulting from such breaches. The research employs a qualitative approach and literature review, analyzing various legal regulations, legislation, and case studies of data breaches. The findings indicate that while legal protections exist, there are still significant challenges in implementing effective data security systems in healthcare facilities. Therefore, enhancing oversight, security systems, and legal awareness among stakeholders is essential to prevent data breaches that could cause significant harm to multiple parties.
Implementation Of Medan Mayor Regulation Number 18 Of 2021 On The Delegation Of Partial Waste Management Authority To Sub-District Heads Within The Medan City Government In Medan Helvetia Sub-District Syahrazad; Syafruddin Ritonga; Adam
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

Medan Mayor Regulation Number 18 of 2021 provides a legal basis for delegating partial waste management authority to sub-district heads within the Medan City Government. The purpose of this regulation is to enhance the effectiveness of waste management at the sub-district level by empowering sub-districts as waste managers who are closer to the community. The implementation of this regulation in Medan Helvetia Sub-District faces various supporting and inhibiting factors. The supporting factors identified include the proximity between the sub-district and the community, participatory programs involving the community in cleanliness activities, and close coordination between the village heads and the sub-district administration. Participatory programs such as communal work (gotong royong) and waste management education have proven effective in raising public awareness about the importance of environmental cleanliness. However, several challenges hinder the implementation of this policy, including overlapping responsibilities between the sub-district and the Medan City Environmental Agency, budget and facility constraints, and the lack of an effective coordination mechanism among stakeholders. To overcome these obstacles, it is necessary to improve coordination between the sub-district and the Environmental Agency, develop more innovative cleanliness programs, and optimize existing resources. Additionally, active community participation is crucial to ensuring the successful implementation of this policy. By optimizing all involved elements, the implementation of Medan Mayor Regulation Number 18 of 2021 in Medan Helvetia Sub-District is expected to create a cleaner and healthier environment and serve as a model for other sub-districts in Medan City.
An Analysis of Medical Dispute Resolution in Cases Of Medical Personnel Negligence From an Administrative Law Perspective Sagala Parluhutan; Erni Rianti Hardjoko; Lianawati Lianawati; Maulidina Kurniawati; Ahmad Jaeni; Arief Fahmi Lubis
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.v24i1.5896

Abstract

Hospital service standards are closely linked to a hospital’s ability to provide healthcare services following its qualifications. This study aims to demonstrate how declining public trust in doctors has led to rising lawsuits, often associated with perceived failures in medical treatment. This qualitative research employs a descriptive approach to systematically and factually collect data promptly based on the conditions during the study. The findings indicate that doctors who commit medical negligence can be held legally accountable through both professional and non-professional institutions. Furthermore, non-professional dispute resolution can occur outside the court (non-litigation) or within the court system (litigation).
Reconstruction of Tax Case Investigations to Avoid Business Crimes Based on Legal Certainty Harahap, Siti Holija; Mansar, Adi; Eddy, Triono
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

Based on the tax revenue report submitted by the Minister of Finance, it is necessary to improve professionalism in managing state finances, especially when related to taxation. In addition to professionalism, supervision also needs to be improved, both preventive and repressive, to prevent deviations or abuse of office in managing state finances, especially related to tax management. The criminal law policy in the field of taxation in the future should be in line with the principle of criminal taxation, "that criminal sanctions in taxation are Ultimum Remidium, meaning that in enforcing violations of tax law, administrative sanctions are prioritized, while the application of criminal sanctions is carried out if the methods used are no longer effective in making Taxpayers comply with tax provisions. The form of handling criminal acts in the field of taxation by the Directorate General of Taxes in the future developments is intended to change criminal taxation as a general act that is included as an independent crime (independent crimes), it should be done carefully and thought out carefully, it may be able to increase state revenue from the tax sector effectively and efficiently, but it can disrupt the aspect of legal justice for taxpayers and at the same time the legal rights of Taxpayers (society) as a whole. This is because the use of funds sourced from Taxpayer funds is not effective and efficient in achieving the desired development goals
Constitutional and Gender Critique of the Implementation of Aceh’s Qanun: Between Sharia Regulations and the Restriction of Women’s Rights Gandhi Liyorba Indra; Fathul Mu’in
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.v24i1.5912

Abstract

This study aims to provide a constitutional critique of the implementation of qanun in Aceh from the perspectives of the constitution and gender. During its formulation process, the community expressed a desire for Sharia values to be incorporated into the qanun governing the lives of Acehnese people. However, its implementation has the potential to restrict women's rights. This study also seeks to contribute to the reformulation of laws that are fair for all. A qualitative approach is employed in this study, with data collected from library research to analyze constitutional and gender critiques of the implementation of Aceh's qanun. From a constitutional perspective, the study finds that the implementation of Aceh's qanun is not entirely aligned with the national constitution, human rights, and the principles of a unitary state. Although Aceh has special autonomy to implement Islamic law, its enforcement must not contradict the principles of equality before the law, freedom of religion, and the protection of human rights. From a gender perspective, while the qanun aims to uphold Islamic values and establish a well-ordered social structure, its implementation often fails to align with gender justice principles, as it restricts women's rights. To achieve justice for all members of society, it is essential to reassess the application of Aceh’s qanun and ensure women's participation in the decision-making process, so that the resulting policies genuinely reflect the needs and rights of all citizens.
The Role of Customary Law in Natural Resource Management in Rural Areas for National Defence and The Preservation of National Sovereignty Irman Putra; Parluhutan Sagala; Ahmad Jaeni; Aref Fahmi Lubis
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.v24i1.5929

Abstract

This study explores customary law’s role in managing natural resources in rural areas of Indonesia, focusing on its contribution to national defence and the preservation of national sovereignty. Adopting a qualitative approach based on a literature review, this research examines the interactions between customary law, state law, and local practices within the resource management framework. The findings reveal that customary law remains a vital institution in regulating access to and utilization of natural resources despite the challenges posed by modern development policies and globalization. The study identifies various adaptive mechanisms within customary law that allow it to evolve in response to socio-ecological changes, thus supporting sustainable resource management. Furthermore, the research highlights the importance of incorporating customary law into formal policy frameworks to enhance the effectiveness of natural resource management at local and national levels.
The Role of Class Ii Auction Officials in the Implementation of Movable Goods Auctions Without Fiduciary Certificates Elawijaya Alsa; Darwin Sinabariba; Rica Gusmarani; Muhammad Ilham; M. Hendra Pratama Ginting; Ramadhan Putra Gayo
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.v24i1.5934

Abstract

Pasal 29 ayat (1) Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia telah memberikan pengaturan mengenai pelaksanaan eksekusi atas objek jaminan fidusia. Penelitian ini dilakukan untuk mengetahui dan menganalisis latar belakang pihak kreditur yang melakukan eksekusi atas agunan bergerak (kendaraan bermotor) yang telah didaftarkan untuk mendapatkan jaminan fidusia dan akibat hukum pelaksanaan eksekusi atas agunan bergerak yang tidak berdasarkan sertifikat fidusia. Lokasi penelitian ini dilakukan di dua Kantor Lelang Swasta di Kota Medan, yaitu Pacific dan Astria. Metode penelitian yang digunakan adalah metode pendekatan hukum empiris, dimana spesifikasi penelitiannya adalah deskriptif analisis. Sumber data yang digunakan adalah data primer dan data sekunder, dimana data primer diperoleh berdasarkan data dan wawancara terstruktur dari kedua Kantor Lelang Swasta di Kota Medan, sedangkan data sekunder diperoleh berdasarkan tagihan, buku-buku, dan hasil penelitian terdahulu. Metode analisis data yang digunakan dalam penelitian ini adalah analisis kualitatif. Hasil penelitian menunjukkan bahwa dalam hal debitur wanprestasi, maka pihak kreditur (lessor) dapat mengambil agunan dengan menggunakan sertifikat fidusia dan melakukan sita jaminan secara langsung dengan menggunakan Lembaga Eksekusi Parate, selanjutnya menjual barang eksekusi agunan tersebut dengan cara menjualnya melalui lelang oleh Pejabat Lelang Kelas II.

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