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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 79 Documents
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Search results for , issue "Vol 22, No 2 (2023): PENA JUSTISIA" : 79 Documents clear
The Role of Intelligence in Law Enforcement for Combating Terrorism Cases in Indonesia Achmad Zainal Huda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3184

Abstract

Intelligence is defined as information or knowledge needed to guarantee national security. Intelligence information is needed to read and analyze the movements of terrorist groups, to prevent and minimize the impacts that arise in counter-terrorism efforts. Preliminary evidence from intelligence reports authorizes Special Detachment 88 to arrest suspected terrorists. This research is a case study research that aims to analyze the role of intelligence in countering terrorism in Indonesia in the Thamrin Bombing, the Poso violence, and the Bombing in front of the Cathedral, Makassar. This research finds that intelligence has a very significant role in countering terrorism in Indonesia. However, this role is hampered by the limits of authority and responsibility that can be carried out by the Intelligence Agency or Agency. This condition can be overcome by the synergy between intelligence organizations and counterterrorism agencies in Indonesia. In addition, intelligence can also be given the authority to take priority actions for early prevention.
Elimination of Criminal Sanctions in a Forced Defense that Transgresses Limits as a Form of Justice Heni Susanti; Mutia Meduri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2368

Abstract

The aim of the article is to prove that not all criminal acts can be punished. There is a rule that states if someone commits a crime for reasons of compulsion that exceeds the limit, it cannot be punished. The urgency of this research is that justice must be upheld, therefore criminals who commit crimes for reasons of Noodweer Excesses must be protected and given the opportunity for their rights as citizens to get justice in accordance with existing rules.. This research is a type of normative legal research. Normative research is a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. The form of justice can be seen in the fulfillment of the elements of Article 49 Paragraph 2 of the Criminal Code regarding forced defense that exceeds the limit: the existence of a great mental shock due to attacks carried out by witnesses, causing the forced defense transgresses the limit. The act of defense is balanced with the attack that is threatened. Severe mental agitation is not only limited to asthenische affecten as in the form of anxiety, fear, or helplessness, but is a sthenische affecten such as anger, wrath or irritation and the consequences of turning self-defense into an attack and excessive or at least using drastical or disproportionate efforts. There is a threat of attack and an ongoing attack or danger is still threatening.
The Crime of Sexual Harassment of Children Who Have a Mental Disorder Wahyu Kurniawan; Heni Susanti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2405

Abstract

This paper aims to discuss efforts in realizing justice and law enforcement against sexual crimes against children with mental disorders. The subjects and data taken in this paper are sexual cases that occurred in the Kampar Regency, Riau Province. The research method used in this paper is normative law using a case approach and a law approach, as well as using primary legal materials and secondary legal materials. The results of this study indicate that in Kampar Regency, Riau Province, there were 69 health cases in 2018 and 60 cases in 2019. Based on these cases, an effort is needed to achieve justice for victims by providing protection. for victims and perpetrated perpetrators of sexual crimes. These actions can be in the form of preventive measures or preventing crime from happening as well as repressive measures or actions that punish the perpetrators and provide a sense of security to the victims of sexual cases. The conclusion obtained from this study is that protection for victims who are children from sexual intercourse is an important thing that must be supported in order to create a sense of security for them to grow and develop.
Legal Protection Against Abortionists Of Rape Victims Susi Delmiati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2523

Abstract

Rape is a crime that causes trauma to the victim, besides the trauma of rape can also cause pregnancy in the victim. Pregnancy from rape behavior is certainly a pregnancy that the victim did not expect, so that not a few have abortions for their pregnancies. This study aims to determine the legal protection for abortion perpetrators who are rape victims. This study uses a normative legal research method with a normative juridical approach, while data collection techniques are carried out by exploring journals, books and applicable laws and regulations. The results of the study show that legal protection for abortion victims of rape is with the policy of Article 76 of the Health Law which considers the condition of rape victims so as to allow abortion with certain conditions stated in the law in it.
Reviews Include In The Categories Of Providing Information Or Utterances Hate Susila Susila; Danang Wahyu Muhammad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2489

Abstract

Reviewing part of consumer rights as described in Article 4 of the Consumer Protection Act, complaints and opinions in the review are part of Electronic word-of-mouth (e-WOM). This activity is very beneficial for business actors in the field of information and advertising. This study uses normative research sourced from previous research and binding regulations. This study discusses the provisions of the review included in information or hate speech and how business ethics are the limitations of the review. The submitted review will be included in the information stipulated in the binding legal provisions. The freedom of opinion in the proposed study has limitations, namely mutually beneficial business ethics as desired
MASLAHAT ASPECTS AS A BASIS FOR JUDGES CONSIDERATIONS IN THE IMPLEMENTATION OF FORCED MONEY (DWANGSOM) IN RELIGIOUS COURTS Andi Hakim Lubis
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2967

Abstract

One of the important issues in the judge's decision and its relation to legal discovery due to a legal vacuum, especially in the Religious Courts, is regarding the application of forced money penalties (dwangsom). Previously, there were 3 sources of civil law applicable in Indonesia, namely HIR (for natives for Java and Madura), RBg. (for natives outside Java and Madura), Reglement op de Rechtsvordering or better known by the abbreviation Rv (group of Europeans and Foreign East residing in Indonesia). The provisions regarding the dwangsom itself are regulated in the Civil Procedure Regulations (the existence of the dwangsom institution itself is regulated in Chapter V Part 3 Rv. namely in Articles 606a and 606b. However, the enactment of UU Emergency t 1 of 1951 Article 5 paragraph (1) expressly states the application of HIR and RBg and confirmed through the Supreme Court Circular Letter (SEMA) Number 19/1964 and SEMA Number 3/1965 which confirms the application of HIR and RBg. As for Article 393 paragraph (1) HIR in conjunction with Article 721 RBg, it strictly prohibits all forms of procedural law other than those stipulated in the HIR and RBg, including Rv.. However, in fact dwangsom applications are still frequently encountered in cases proceeding at the Religious Courts. The type of research used is normative research. The type of research conducted in legal development activities according to legal science practice or legal dogmatics.The results of this study indicate that the application of forced money (dwangsom) in the Religious Courts is carried out in an effort a Eliminate difficulties or difficulties with the implementation of the judge's decision so that it is obeyed by the defendant/respondent. In line with the concept of maslahah mursalah, the application of dwangsom regulated in Rv. even though it is no longer valid, the facts are still relevant and in fact needed and bring benefits in judicial practice to facilitate the implementation of judges' decisions in the Religious Courts. This was reinforced by jurisprudence, doctrine and the results of the 2012 Supreme Court National Work Meeting.Keywords: Consideration, Maslahat, Dwangsom, Religious Court
Juridical Review of Spatial Planning and Control of Space Utilization in the Situ Kayu Antap Area in the South Tangerang City Area in the Perspective of National Land Law Levy Maulana Muhammad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2369

Abstract

Juridically, there is a legal problem where Situ Kayu Antap located in the city of South Tangerang has a discrepancy in the use of its space, namely the issuance of land rights without the results of analysis or study of relevant physical data and juridical data, so it is necessary to control the use of space in the situ area in the South Tangerang city area in the perspective of national land law. The type of research in this research is normative legal research, namely research on legal principles, legal theory, legal concepts and legislation related to this research. The theory, principles and legal concepts are used to determine that the location of Situ Kayu Antap is an inland water source in the South Tangerang city area which is designated as one of the National Strategic Areas and is a protected area that must be preserved for the welfare of the people. Based on the author's research, PT. Hana Kreasi Persada, which currently has a Building Use Right over the Situ Kayu Antap area, can have its land rights revoked on the basis of public interest and can be compensated by the South Tangerang city government based on the provisions of the applicable laws and regulations.
Legal Protection for Automatic Exchange of Information Taxation in Indonesia: The Importance of Synergy with Cybersecurity Institutions Gde Wahyu Marta Gunadi; I Nyoman Budiana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2488

Abstract

Every citizen who is the subject of taxes and already has a Taxpayer Identification Number (NPWP or NIK) must do tax reporting on his income. Such reporting ensures taxpayer property and income data validation while supporting good governance. Data automation support is needed from other agencies such as banks to find out the balance and ownership of deposits and bank securities, land bodies to know land ownership, stock exchanges to know share ownership and other institutions related to property ownership. Integration between these institutions will increase the validity of reporting property and income owned by government officials, ultimately improving integrity towards good governance. In reality, there is no automation of validation of annual notification letter (SPT) charging data on property ownership data in each institution due to the sectoral ego of each institution, and there is no real-time regulation of property validation. Automatic Exchange of Information (AEOI) enables the automated sharing of a set of information that has been previously defined by the tax authorities. AEOI is a plan of the G20 members and is initiated by the OECD. The AEOI system works through the exchange of financial data of foreign nationals living in a country. The exchange of financial data is carried out between the tax authorities in each country. Indonesia is prepared to put this into practice as a G20 member, as evidenced by the previous release of Minister of Finance Regulation Number 39/PMK.03/2017 (PMK 39), covering Procedures for Exchange of Information Based on International Agreements. Types of Documents and/or Additional Information Required to Be Retained by Taxpayers Conducting Transactions with Related Parties and Procedures for Management, Minister of Finance Regulation No. 213/PMK..03/2016 (PMK 213). As a result, in addition to the Automatic Exchange of Information (AEOI) regulation put out by the Organization for Economic Cooperation and Development, there needs to be legal protection (OECD). Furthermore, the author emphasizes the importance of cooperation and synergy with cybersecurity institutions to secure tax exchange data.
Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer Of Technology Regulation in Article 7 Trade Related Aspects of Intellectual Property Rights (TRIPs) Dian Ayu Nurul Muthoharoh; Yuliati Yuliati; Afifah Kusumadara
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3049

Abstract

The purpose of this study is to analyze the Legal Policy Establishment of Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation Reviewed From Transfer of Technology Regulation in Article 7 TRIPs. This research is normative legal research by prioritizing statutory approaches and historical approach. The results of the study show that Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is not by the mandate of Article 7 TRIPs, and implicated for the absence of government interference in technology transfer especially in the field of patents. The legal policy of establishing Article 107 Numbers 2 Law Number 11 of 2020 on Job Creation is influenced by the intervention of other countries and more inclined towards adjusting international trade politics than defending national interests. The most ideal arrangement regarding technology transfer is by the formulation of Article 20 Paragraph (2) Law Number 13 of 2016 concerning Patents, which in essence patents must support technology transfer. Suggestions in this study for the lawmaker should emphasize the necessity for technology transfer in the field of patents through licenses in Indonesian laws and regulations.
The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective Henny Saida Flora; Fradhana Putra Disantara; Mac Thi Hoai Thuong
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 2 (2023): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2997

Abstract

The purpose of this study is to analyze the existence and implications of the lex favor reo principle after the ratification of the new Criminal Code in relation to aspects of corrective justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study show that the existence of the lex favor reo principle after the ratification of the new Criminal Code, namely as formulated in Article 3 juncto Article 618 of the new Criminal Code, the existence and applicability of the lex favor reo principle can be immediately enforced. The implication of the lex favor reo principle in optimizing aspects of corrective justice after the ratification of the new Criminal Code is that the implementation of the lex favor reo principle has implications for the existence of criminal sanctions experienced by defendants in the old Criminal Code. Suggestions in this study are that for law enforcement officials, special attention is needed when trying a crime, especially by first paying attention to the lex favor reo principle to see which sanctions are more profitable for the accused.

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