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[Notary’s Authority in Establishing Deeds for Minors and Their Rights as Shareholders of Limited Company ]]>
<![CDATA[Desvia Winandra]]>;
<![CDATA[Mohammad Fajri Mekka Putra]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2155
<![CDATA[Notaries are empowered to demonstrate different types of business practices. One of the acts involves a shareholder taking legal action at the company. The laws and regulations in Indonesia do not regulate the age limit of shareholders. However, the result of the incompetent duty in this case is a child under the age of twenty- one and can apply for dismissal. This raises the issue of Notary’s authority to explain the claims of children who are unable to implement their rights as partners of a limited liability company. The normative legal method was used in this research. A child may be a legitimate shareholder, which is related to a person's legal conduct, that related to a person's legal actions and actions are seen from his skills and authority that was regulated in Indonesian Civil Code, the Law of Notary Position, and Indonesian Marriage Law. The attorney's authority over a minor child as a shareholder must be represented by his parents. Notary must focus on the skills and authority of the individual when exercising his position of drafting deeds or legal act on behalf of the company. Therefore, Notary must act diligently and thoroughly in drafting deeds and perform its position in accordance with the Law of Notary Position and the Notary Code of Ethics. Thus, Notary has the authority to establish deeds in a legal action for a twenty-one years old person as a company shareholder.]]>
<![CDATA[The Analysis of Decision of The Constitutional Court Number 97/Puu-Xiv/2016 Concerning Population Administration on The Rights and Position of Believers ]]>
<![CDATA[Abidin Latua]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2973
<![CDATA[The research is to take a closer and explicit look at the position of believers in the Constitutional Court's decision through synchronizing the existence or existence of believers in Yogyakarta. In order to ensure whether or not these concerns are true, and to what extent are the rights and positions guaranteed in the decision of the Constitutional Court, and what is the position of believers in the Constitutional Court Decision Number 97/PUUXIV/2016 concerning Population administration in terms of perspective (Maqāṣid ash-Syarī‘ah). The type of legal research used in the preparation of this research is field research, which is conducting direct observations with in-depth interviews with sources that have been determined based on the researcher's knowledge using the purposive sampling method. The approach used in this research is normative juridical (Statute Approach) and empirical or sociological juridical. The normative juridical approach is carried out by referring to the legal norms contained in the legislation, decisions and legal norms that exist in society. The results of the research show that the considerations of the judges of the Constitutional Court related to the Philosophical, Textual, and Sociological Legal Interpreters in deciding the case Number 97/PUU-XIV/2016 concerning the review of the Population Administration Law, have fulfilled the basic rights of believers and provide justice to adherents of the sect. trust, then when viewed with the study of Human Rights the Constitutional Court's ]]>
<![CDATA[Smart And Green Campus Regulatory Design As Untirta's Legal Policy To Improve the Quality of Participatory Higher Education ]]>
<![CDATA[Agus Prihartono P.S.]]>;
<![CDATA[Lia Riesta Dewi]]>;
<![CDATA[Fatkhul Muin]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2265
<![CDATA[The formation of a policy regulation does not have general guidelines because it is the authority of each institution which is not binding on other institutions and is weak in giving sanctions, while the formation of a statutory regulation must be guided by Law Number 12 of 2011 concerning the Establishment Laws and regulations that have been amended by Law Number 15 of 2019 by providing space for the public to participate. This research uses qualitative research methods with a normative juridical approach. Sultan Ageng Tirtayasa University is one of the State campuses in Banten, which needs to design smart and green campus regulations to improve the quality of participatory higher education. This policy is a legal policy to shape the quality of higher education as smart and green campuses]]>
<![CDATA[THE OVERLAPPING OF REGULATIONS ON MARINE RESOURCES LAW ENFORCEMENT AND CUSTOMARY LAW AS AN ALTERNATIVE TO CONFLICT SETTLEMENT IN THE KEI ISLANDS ]]>
<![CDATA[Andreas M. D Ratuanak]]>;
<![CDATA[Ratih Lestarini]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2824
<![CDATA[This research is socio-legal research with an ethnographic approach regarding the resolution of maritime resource conflicts in the Kei Islands and the conditions of current state laws and regulations. This article discusses how the overlapping of laws and regulations occurs in law enforcement on marine resource management and how customary law is an alternative for resolving conflicts over marine resources in the Kei Islands. This study found that so many laws and regulations besides helping to create legal order can also have an impact in the form of overlapping authorities between state agencies. On the other hand, the resolution of maritime resource conflicts in practice does not always depend on the positive law of the state alone. Another fact is often found that the community and even the state apparatus also accommodate customary law in resolving conflicts that occur. However, this form of settlement developed into a hybrid form.Keywords: the overlapping regulations, Kei customary law, hybrid legal systems.]]>
<![CDATA[Preparation and Obstacle of Notary in Making Notarial Deed in Facing Society 5.0 Era ]]>
<![CDATA[Yotia Jericho Urbanus]]>;
<![CDATA[I Made Pria Dharsana]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2186
<![CDATA[This writing discusses the preparation and obstacle of Notary in making Notarial deed in facing. Notary Deed is an authentic deed made by or before a Notary according to the form and procedure stipulated in Undang-Undang Number 2/2014. According to Article 1868 of the Civil Code, an authentic deed is a deed made in a form determined by law by or before a public official authorized for that purpose at the place where the deed was made. This gives an indication that a deed made by a Notary as a public official can be said to be an authentic deed if it meets the requirements as described in the article. The entry of society 5.0 era in Indonesian society causes the need for an adaptation for Notaries in Indonesia in terms of meeting the needs of people who are affiliated with technology, especially in making authentic deeds. Initially, the use of technology such as the use of video conferences, electronic signatures, electronic ID verification tools and the liveliness test system was considered the answer for Notaries in terms of meeting the community's need for authentic deeds, especially in dealing with technological developments that entered all aspects of human life. However, Indonesia as a legal state that has the spirit to always ensure justice and legal certainty, causes all actions taken by a legal subject to be guided by the law that governs it. In this case, there are obstacles in the use of video conferencing, electronic signatures, electronic ID verification tools and the liveliness test system due to the absence of a legal basis that serves as a legal umbrella for their use in making a notarial deed. Furthermore the concept of facing using technological developments cannot be equated with being physically present as described in Undang-Undang Jabatan Notaris.]]>
<![CDATA[Implementation of Criminal Sanctions Against Foreign Narcotics Courier Performers ]]>
<![CDATA[Zainab Ompu Jainah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2321
<![CDATA[Criminal sanctions that regulate narcotics crimes have emphasized the sanctions that will be given to anyone who violates them, ranging from rehabilitation to the death penalty. However, there are still many who commit these violations, until now, there are various forms of modus operandi for committing a criminal act in distributing narcotics. Perpetrators do not run out of wits to do all kinds of ways to achieve their goals. This mode is developed because law enforcement officers are intensively carrying out prevention efforts to eradicate narcotics crimes. One form of the mode that is carried out is through drug intermediaries or couriers, by neatly wrapping and inserting into plastic capsules, stored in boxes or cans, tucked in candy or food, to places that have been specially designed so as not to be penetrated by detection equipment. The perpetrators of these drug couriers are not only carried out by Indonesian nationals, but have also been carried out between foreign countries through foreign nationals. Narcotics distribution is carried out in various ways through land, sea and air transportation. From the various modes carried out by the perpetrators of drug couriers, it is not uncommon for them to be unsuspected so that they can escape various forms of examination by the authorized law enforcement officers.]]>
<![CDATA[Implementation Of Legal Protections Of Geographical Indications Of Lampung Robusta Coffee In Improving The Economy Of West Lampung Coffee Farmers ]]>
<![CDATA[Erlina B]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2322
<![CDATA[West Lampung Regency is one of the Robusta coffee producing areas. Lampung Robusta Coffee is registered by obtaining a Geographical Indication Certificate Number: ID G 000000026 dated May 13, 2014. The problems in this study are a) How is the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers and b) What are the factors What are the obstacles in implementing legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers? The research method used is juridical normative and juridical empirical. The conclusion of this study is the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers is to provide preventive and repressive forms of protection with reference to the theory of Intellectual Property Rights Robert M. Sherwood. The constraining factors in the implementation of legal protection for Lampung Robusta coffee geographical indications in improving the economy of West Lampung coffee farmers are the low level of public education, the lack of awareness of coffee farmers in West Lampung Regency in including West Lampung Robusta Coffee Geographical Indications in product design, the absence of regulations at the level The Government of West Lampung Regency in implementing the inclusion of Geographical Indications for West Lampung Robusta Coffee and the weak legal awareness of the community towards the importance of Geographical Indications]]>
<![CDATA[Agent Responsibilities in Life Insurance Marketing Practices for Legal Protection for Consumers ]]>
<![CDATA[Mochamad Arifinal]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2303
<![CDATA[The legislation provides legal protection to policyholders as insurance consumers. Protection of policyholders as insurance consumers is regulated in several regulations, such as the Criminal Code and the Civil Code. The Criminal Code Number 2 of 1992 concerning Business Insurance, the Criminal Code Number 8 of 1999 concerning Consumerism Protection, also regulated in the rules of the Professional Code of Agents Indonesian Life Insurance. This research aims to know whether the insurance law is sufficient to regulate the agent's responsibility to consumers in the practice of marketing life insurance and how the agents' responsibility of marketing life insurance to the protection of penalties to consumers. This research used a juridical normative method approach. This method focused on library data and was supported by field research to support existing data. The results of the research indicate that insurance, which includes the Commercial Code, the Civil Code, and Law Number 2 of 1992 concerning Business Insurance, has not been sufficiently regulated regarding the responsibilities of agents. Therefore, other regulatory agencies are needed, such as codes of ethics and professional agents (self-regulation); the establishment of draft laws or the brokering of agents into codes or laws; and consumer protection law provides legal protection to consumers through the regulation of rights and obligations to businessmen and consumers, which also regulates the responsibilities of businessmen in marketing a product, both in the form of services and goods]]>
<![CDATA[Degradation of Executorial Rights and Execution Parate Institutions on Fiduciary Security After the Decision of the Konstitution Court Number 18/Puu-Xvii/2019 ]]>
<![CDATA[Yeni Triana]]>;
<![CDATA[Yelia Nathassa Winstar]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2333
<![CDATA[Constitutional Court decision Number 18/PUU-XVII/2019 degrades the existence of executorial rights and execution parate institutions in the UUJF. Melements of the substance of the law in rangka this execution resulted in the purpose of the law can not be met. PeneThis research is a normative juridical research that will answer several questions. First, what is the essence of the position of eksekutorial rights, execution parate, promise injury clause in fiduciary security rules. Second, how the juridical analysis of the Constitutional konstitusi tersebutCourt decision. This study produced several results, first the decision of the Constitutional Court contradicts the essence of the existence of executorial rights and the institution of Parate execution. executorial rights and execution parate institutions arise from the existence of special guarantees granted privileges through executorial rights institutions and execution parate institutions. The article of promise injury in the main agreement essentially serves as clause naturalia. The naturalia clause means that althoughthis clause is not expressly stated, theinjury clause promises to remain. The nature pelaksanaanof execution is because there is no voluntary act of implementing a decision that has permanent legal force. Thus, establishing the validity of the executorial right when there is a voluntary surrender is contrary to the nature of the execution itself. Second, in making a decision, the judge should put forward the principle of legal mind, namely legal certainty, justice and usefulness. In the Constitutional Court ruling amar judge's decision does not reflect the certainty, justice and kemanfaatn]]>
<![CDATA[The Urgency of Pouring Out Rule of Law Principles to Realize Equitable Integration in Protecting Indigenous Peoples, Food Security, and Sustainable Development ]]>
<![CDATA[Mutia Evi Kristhy]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.2482
<![CDATA[This study aims to find out the urgency of incorporating rule of law principles to realize equitable integration in protecting indigenous and tribal peoples, food security, and sustainable development. The research method used is classified as normative or doctrinal legal research with a juridical-normative approach. The normative legal research method uses existing literature research methods. In collecting research data, using secondary legal materials in the form of books, journals, articles, and other written works, both from print and internet media related to this research. The results of this study are that indigenous peoples as individuals are not much different from other individuals, needing the right to live, the right to food, the right to clothing and the right to housing, education, and other rights.]]>
