Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
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<![CDATA[Kewenangan Pemegang Protokol Notaris yang Meninggal Dunia untuk Mengeluarkan Salinan Akta dari Minuta Akta yang Belum Lengkap Tanda Tangannya ]]>
<![CDATA[Anggri Rudianto]]>;
<![CDATA[Suhariningsih Suhariningsih]]>;
<![CDATA[Bambang Winarno]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1132
<![CDATA[This legal research is a study of normative law with the approach of legislation, conceptual and case. The purpose of this research is to know and analyze the existence of legal vacuum because not yet the regulation of notary protocol holder authority related to minuta deed which not yet complete its signature and responsibility of protocol holder if still issuing copy of related deed. The provisions of Article 62 of the UUJNP concerning the reasons for the handover of a notary protocol are attributed to one of the process of making notarial deeds as stipulated in Article 16 paragraph (1) subparagraph m UUJNP and having the authority to grant grosse, copy and quotation of deed Article 64 UUJN as well as holders of notary protocol also has the authority as the notary itself. Based on the description, it is possible that the notary who passed away has not completed the signature that must be in the minuta so that the authority of the protocol holders related to the deed becomes a separate issue. The responsibility of the protocol holders against the notarized deed minas is to make copies of the original letters under the hand in the form of copies containing the description as written and described in the corresponding letter (Article 15 paragraph (2) letter c UUJNP) and not authorized issuing a copy of the deed because the minus deed is not an authentic deed but a deed under the hand. Judicial implication for the notary protocol holder issuing a copy of the deed minus not noted by a notary public is the holder of notary protocol may be subject to criminal sanction namely Article 55 juncto Article 264 of the criminal code is making a fake authentic act deliberately.Keywords:Notaries; Notary Protocols; Notary Protocol Holders.]]>
<![CDATA[Law Compliance Against Perpetrators of Covid-19's Forced Retrieval ]]>
<![CDATA[Endang Yuliana Susilawati]]>;
<![CDATA[Tabah Budi Prasetyo]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1137
<![CDATA[The spread of Corona Virus Disease 2019 (COVID-19) in Indonesia is now increasing and extending across regions and across countries. The increase has resulted in death, decline and economic slowdown (recession), disrupted educational, economic and social activities, and most concerned about the psychological impact and behavioral changes on society. Like the case of coaxial corpse-19 corpse taking, this was the impact of the lack of effective socialization, education and communication from the government to the community and the hospital to the family /community. In this case, law enforcers need to participate in educating and disseminating to the public effectively and acting decisively against people who insist on violating applicable health regulations / protocols. Law enforcement can be done in a humane and solutive manner so as not to cause resistance in the midst of society. If the public still insists on violating the coaxial collection of covid-19 bodies, they may be subject to sanctions such as Article 93 of Law No. 6 of 2018 concerning Health Quarantine jo Article 211, 212, 214 of the Criminal Code, Article 335 of the Criminal Code, with a penalty of up to 7 (seven) years prison and Article 336 paragraph 1 and 2 of the Criminal Code. This paper aims to review and discuss the rule of Law enforcement the suspect the force bodies covid-19.Keywords:Law Enforcement; Covid-19; The Force Bodies Covid-19]]>
<![CDATA[Sanksi Hukum Terhadap Pelaku Tindak Kekerasan Terhadap Perempuan dan Anak ]]>
<![CDATA[Taufiq Taufiq]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1133
<![CDATA[Violence against women and children is any act that results in physical and psychological suffering for women and children. Violence against women and children is a crime that can be subject to criminal sanctions. The government tries its best to eradicate and eliminate acts of violence against women and children, by enacting Law Number 23 of 2002 as amended by Law Number: 35 of 2014 concerning the first amendment to Law Number 23 of 2002 concerning child protection , which was amended again by Perpu Number: 1 of 2016 concerning the third amendment of Law Number: 23 of 2002 concerning child protection, and Law Number: 23 of 2004 concerning the Elimination of domestic violence. The provisions of the laws and regulations as mentioned above, although they contain heavy legal sanctions, in reality there are still many cases of violence against women and children. This study uses a normative juridical approach or library research. The conclusion from the research results is that heavy legal sanctions, without ethical awareness of law enforcement officials to commit to enforcing them, will not deter the perpetrators and others from committing acts of violence against women and children. Eradicating or eliminating violence against women and children requires comprehensive efforts from all components of the nation, starting with taking formal and non-formal preventive actions.Keywords:Legal; Sanctions; Violence]]>
<![CDATA[Optimalisasi Kemandirian Kelautan dalam Mewujudkan Pembangunan Budaya Maritim Nasional ]]>
<![CDATA[Sugianto Sugianto]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1134
<![CDATA[National development is in line with the direction of the Marine Policy as outlined in the 2015-2019 RPJMN. Joko Widodo-Jusuf Kalla's Nawacita program in Point 1 is to assess itself as a maritime country and strengthen marine surveillance and build national connectivity. In realizing a maritime policy order in Indonesia, it is imperative to create independence and sovereignty in order to organize national development towards a national maritime axis. In accordance with its geographic identity, Indonesia has a vision as a World Maritime Axis. The government has a number of agendas related to this vision, including related to maritime culture development, maritime resource management, infrastructure development and maritime connectivity, diplomacy and maritime security defense. It is hoped that from the implementation of this maritime axis, Indonesia's economy and prosperity will increase.Keywords:Maritime axis; Community economic growth.]]>
<![CDATA[Bisnis Transportasi dalam Pusaran Globalisasi ]]>
<![CDATA[Mutimatun Ni’ami]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1135
<![CDATA[This study aims to examine the differences between conventional taxis and online taxis and whether the existing legal regulations are sufficient to regulate the two modes of transportation. The author's curiosity comes from seeing the past when taxis were considered a luxury means of transportation that people rarely use except for emergencies, so city buses and public transportation become the choice of citizens. The choice that was "forced" to be taken considering the low cost and far coverage. Now, when online taxis offer low costs and easy access, the means of transportation that have become "gods" have fallen. The drivers gasped, the transportation entrepreneurs were distracted to finance their business empire and the passengers were no longer greeted by buses and public transportation. This research is a sociological legal research which makes a phenomenon that exists in society and its influence on existing legal rules. The research results show that the difference between conventional taxis and online taxis lies in the amount of tariff, standardization of services, determination of routes and special features and legal protection. The government needs to be firm in regulating the existence of online transportation, given the potential for conflict over disparity in tariff differences and the importance of legal protection for drivers and passengers in driving safety.Keywords:Online Taxi; Conventional Taxi; Legal.]]>
<![CDATA[Pengecualian Rahasia Perbankan untuk Kepentingan Perpajakan di Indonesia ]]>
<![CDATA[Ika Khairunnisa Simanjuntak]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1131
<![CDATA[ Act Number 7 of 1992 as amended by Act Number 10 of 1998 concerning Banking and several related rules already regulated the exclusion of bank secrecy, especially for tax purposes. However, the existing mechanism has not been able to accommodate the exchange of financial information within the framework of the Automatic Exchange of Information (AEOI). Then the Financial Information Access Act was formulated which regulates the automatic exchange of financial information that has never been known before. The problems discussed in this study are how the exclusion of bank secrecy are for tax purposes that have been carried out in Indonesia and how the exclusion of bank secrecy are regulated in the Financial Information Access Act. The research method used is a normative juridical method with a descriptive analytical research approach. The results of the study found that the exclusion of bank secrecy has long been known in Indonesia but is still limited by a convoluted bureaucracy. Whereas in the Financial Information Access Act, exclusion take place automatically but there are sanctions for those who misuse information.Keywords:Bank Secrecy; Access to Financial Information; Tax.]]>
<![CDATA[Implementasi Standar Sumber Daya Manusia dan Pelayanan Minimal Kesehatan di Kota Pekalongan ]]>
<![CDATA[Anik Indriono]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1136
<![CDATA[ Hospital is a health service facility that must provide services according to applicable service standards. One of the front guards of a hospital is an Emergency Room (IGD) which will provide emergency assistance to every patient. Emergency is a condition that threatens life and disability, so it needs fast, precise, effective and quality action. This can be achieved if the hospital has a standard of service in the Emergency Room. This study aims to determine the implementation of HR standards and minimal services in hospital emergency departments. This research is a qualitative research with a sociological juridical approach. Sociological juridical is legal research that uses secondary data as initial data, which is then followed by primary data or field data. The juridical aspect in this research is the regulation of the minister of health regarding the standards of the Hospital Emergency Room and the sociological aspect is the implementation of the rules in the ministerial decree by the hospital. Sources of legal materials for this research include primary and secondary legal materials. Data collection techniques used are through interviews and literature. The results showed that the Standard Emergency Room is regulated in Law No. 44 of 2009 concerning the Hospital. In particular, the IGD standard has been regulated in the Republic of Indonesia's Minister of Health Kepmenkes No.856 / Menkes / SK / IX / 2009 regarding the standard of Hospital Emergency Room Installation. But in reality in the field, the hospital has not fully implemented these regulations, so the quality of service in the ER is less. Thus the patient's right to get quality services is neglected. According to the Hospital Law Article 29 Paragraph 1 point (a) that "Hospitals are obliged to provide safe, quality, anti-discrimination, and effective health services by prioritizing the interests of patients in accordance with Hospital service standards". The supporting factors for implementation are high human resource motivation and the inhibiting factors, namely the opportunity and cost of further study for nurses, do not yet exist.Keywords:Implementation; Human Resource Standards; Minimum Service Standars; Hospital.]]>
<![CDATA[IMPLEMENTATION OF DIVERSION TOWARDS CHILDREN IN CONFENCE WITH THE LAW AT THE INVESTIGATION LEVEL AT THE YAPEN ISLANDS POLICE ]]>
<![CDATA[Fitriyah Ingratubun]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.3604
<![CDATA[This study seeks to ascertain the implementation of diversion by investigator as a means of resolving criminal cases at the Yapen Islands Police, as well as the efforts and obstacles in implementing diversion for children in conflict with the law at the investigation level at the Yapen Islands Police. This is normative study in which the application of regulations or norms in positive law is examined. Aside from that, academics employ empirical juridical research methodologies, which involve examining events or happenings inside society, which is a social phenomenon related to law. The research findings indicate that the implementation of diversion against minors who are in violation of the law at the investigative level at the police station Yapen Islands in compliance with Law Number 11 of 2012 on the Juvenile Criminal Justice System. Diversion was accomplished by involving linked parties, both victims and children perpetrators of a criminal conduct. However, the processing of criminal crimes committed not all children attempt diversion. This is because juvenile perpetrators who do criminal crimes are performed by people who are the same, so investigators do not need to perform diversion. The presence of institutions with internal authority that provide guidance to children, such as a Development Institute Special Children (LPKA), Temporary Child Placement Institution (LPAS), and The Social Welfare Implementation Institution (LPKS), is expected to reduce the number of crimes committed by children, so that children who are in conflict with the law do not repeat the same act breaking the law. Repetition of criminal activities performed by children who are in dispute with the law demonstrates that the goal of diversion has not been met, and hence diversion measures against minors may not be necessary.]]>
<![CDATA[Analysis Of The Planning And Control Functions On Regional Development In Sarmi Regency Province of Papua ]]>
<![CDATA[Roida Hutabalian]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.3608
<![CDATA[This study aims to determine and analyze the Development Planning System on the supervision of development implementation and what influences the implementation of development in Sarmi Regency, Province of Papua. This research method uses empirical juridical, as an attempt to approach the problem under study with a real legal nature or in accordance with the reality that lives in society. Empirical legal research is research in the form of empirical studies to find theories regarding the process of occurrence and about the working process of law in society. By examining the nature of the law that actually occurs or applies in the field in relation to the analysis of the application of the regional development planning system as a function of supervision of the Implementation of Regional Development in Sarmi Regency Province of Papua.The results obtained show that the function of planning and supervising regional development in Sarmi Regency is so that regions can monitor, measure performance targets, results, and impacts of development programs in a clear and focused manner based on the vision and mission set by the Sarmi Regency Government. The factors that influence development in Sarmi Regency is that there must be mutual coordination between each SKPD in order to be able to develop a development plan program. In addition, there are also various obstacles in development, namely the low quality of Human Resources at the Regency/City level, weak community participation, the tendency of Regency/City governments to close access to information, as well as the struggle for customary rights with customary land owners.]]>
<![CDATA[DISHARMORNISATION OF CRIMINAL LIABILITY RELATED TO LAND FIRE DUE TO CLEARING PLANTATION LAND ]]>
<![CDATA[Arman Koedoeboen]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 1 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.3607
<![CDATA[Burning forests or land is a crime that must be combated comprehensively by every party. One effort to punish perpetrators of forest or land burning is to impose a prison sentence and the maximum possible fine, to act as a deterrent and serve as a lesson to those who commit this act. The emergence of disharmonization between Law No. 32 of 2009 concerning Environmental Protection and Management and Law No. 39 of 2014 concerning Plantations regarding criminal sanctions against perpetrators of land burning is studied with the assumption that what is happening is the result of a malfunction of the law and related law enforcement. with land fires as expected. The type of research used is normative juridical legal research, namely research that focuses on examining the application of rules or norms in positive law. The existence of multiple interpretation articles has hampered the achievement of legal objectives, namely providing a sense of justice, legal certainty and legal benefits. This multi-interpretation article creates legal uncertainty due to the variety of judges' decisions on the same case. Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 39 of 2014 concerning Plantations are also less useful because they cause fear in the community, thereby triggering unrest in society. Commission I DPR RI needs to immediately revise or harmonize Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 39 of 2014 concerning Plantations, especially regarding restrictions or benchmarks for offenses and the application of criminal sanctions.]]>
