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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.
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Articles 89 Documents
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Search results for , issue "Vol 22, No 3 (2023): Pena Justisia" : 89 Documents clear
The Urgency of Establishing Provisions of Laws and Regulations Concerning Aircraft Mortgages Timothy Arviando Andrade; Iqbal Hafidz
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3643

Abstract

Until now, it is known that there are no specific regulations that specifically regulate aircraft mortgages. If this situation continues, it will maintain legal uncertainty due to legal vacuum demonstrated by the absence of legal norms that specifically regulate the imposition of aircraft mortgages. This research aims to examine and comprehend the arguments which justify for the urgency of establishing the provisions of laws and regulations on aircraft mortgages. This research approaches the topic from legal perspective, using the normative juridical method. This research will closely examine several relevant the provisions of laws and regulations to identify and analyze the legal issues. Research has shown that the arguments which justify for the urgency of establishing the provisions of laws and regulations on aircraft mortgages is to create legal certainty. Likewise, there are several benefits obtained if legal norms have provided certainty and clarity about the imposition of aircraft mortgages.
The Urgency of Restorative Justice Regarding Customary Criminal Violations: Harmonization Between Customary and National Criminal Laws Bintara Sura Priambada
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3514

Abstract

Indonesia is rich in cultural and traditional diversity, including a variety of customary laws in different regions. Conflict often arises between customary laws and national criminal laws. Restorative Justice is an important approach to resolving this conflict, with a focus on reconciliation rather than punishment. This research aims to understand the implementation of Restorative Justice in the Indonesian context, identify its positive and negative impacts, and contribute valuable insights to international discussions on legal conflicts in culturally diverse societies. Normative legal research methods and document analysis are used for this study. The findings suggest that the implementation of Restorative Justice in resolving violations of customary criminal laws in Indonesia has the potential to enhance harmony between customary and national criminal laws. Necessary steps include establishing a dedicated restorative justice judicial system, involving local communities, fostering collaboration between authorities of customary and national criminal laws, and conducting extensive public education. However, it is crucial to consider both the positive outcomes, such as community relationship restoration and reduced burdens on the criminal justice system, and the negative impacts, including potential justice disparities and implementation challenges. Therefore, the integration of restorative justice needs to be carefully aligned with principles of justice, respect for customary culture, and the protection of the rights of vulnerable victims and offenders.
Transformation to Law Enforcement Gambling Crimes in Indonesia christine susanti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4012

Abstract

Gambling is nothing new, since a long time ago this crime has existed. Initially, gambling was done with conventional methods, but along with the development of technology, gambling has also experienced developments and now it has entered the digital space. The rise of online gambling has made the government declare Indonesia's condition of gambling emergency. Minister of Communication and Information (Menkominfo) Budi Arie even stated that he intends to fight gambling within a week. Gambling was originally a social problem, but later it has developed into a legal problem that demands comprehensive and continuous regulation and law enforcement. This research will discuss how law enforcement practices in Indonesia in eradicating gambling and how Indonesian law solves the problem comprehensively. The research method used is a normative research method or commonly called literature research by examining library materials or secondary data with a case approach. Several relevant legislation products will be used as legal bases in this research, such as the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Electronic Information and Transactions. This research wants to provide input to the government in supporting the law enforcement process against gambling and also help increase the level of public legal awareness of gambling crimes both online and conventional. 
The Legal Protection of Personal Data in Fintech peer-to-peer (P2P) Lending Practices: Orientation and Formulation Hendri Khuan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3383

Abstract

In the era of digital transformation, one prominent model of Fintech is Peer-to-Peer (P2P) lending, which offers alternative financing access through digital platforms. The protection of personal data in P2P lending becomes crucial as sensitive information such as financial and credit history is collected and processed by these platforms. Data protection regulations, like GDPR, play a vital role in maintaining the balance between Fintech innovation and individual privacy rights. This research aims to discuss the legal protection of personal data within the context of Peer-to-Peer (P2P) Lending in the realm of Financial Technology (Fintech) in Indonesia. The research methodology employed is normative law, using descriptive legal analysis. Data is gathered from various sources, including legal statutes, court decisions, legal literature, and government guidelines related to Fintech and personal data protection. Qualitative analysis is conducted to identify relevant legal provisions, explain their legal implications, and formulate improvement recommendations. The research findings reveal that personal data protection within Indonesian Fintech P2P Lending is governed by a range of regulations, including the Electronic Information and Transactions Law (UU ITE), the amended UU ITE, OJK regulations, and the Ministry of Communication and Informatics regulations. Moreover, the Omnibus Law on Job Creation provides a strong foundation for the protection of consumer personal data. Key principles in personal data protection encompass transparency, explicit consent, data security, limited data usage, fair and ethical business practices, individual rights over personal data, and data integration
The Application Of Money Laundering Law Value-Based Justice To Wealth Obtained Offenders From The Proceeds Of Corruption Ismaidar Ismaidar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3577

Abstract

AbstractThe act of money laundering is very dangerous both at the national and international levels because money laundering is a means for criminals to legalize the money from their crimes to eliminate traces. In addition, the nominal money laundered is usually extraordinary in amount, so it can affect national and even global financial balances. This research method is normative legal research, namely research that refers to legal norms contained in laws and regulations, libraries, legal norms that exist in society, and the data obtained, the type of research used qualitative research is carried out by examining literature materials in the field of law and legislation related to the problem The application of money laundering law based on the value of justice to the wealth of perpetrators of crimes obtained from the proceeds of corruption. The results of this study show that the scope of the law on money laundering towards the eradication of corruption aims to find out how to put the results of evidence on the case being examined, by how the evidence is used, and by how the judge must form his conviction before the court session. The application of money laundering law based on the value of justice to the proceeds of crime from corruption needs to be imposed on severe crimes to perpetrators of corruption crimes as a legal policy in accordance with the provisions of the applicable law. So that the community understands and considers the verdict to be as fair as it is. The law is expressly separated from morals and justice is not based on good or bad.
Optimization of The Use of The I-24/7 Network System by Bagkominter to Overcome Transnational Crime The Realization of Modern Police in The Era 4.0 Nufani Puspita Sari; Basir - S; Lin - Yola
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3952

Abstract

Indonesia has committed and is ready to implement Industry 4.0 to build a globally competitive manufacturing industry. Polri participates in supporting Indonesia towards the 4.0 era. Through precision towards modern policing, it is hoped that all police officers must be able to make good use of digital technology and continuously improve their capabilities in its implementation. The International Communications Section or abbreviated as Bagkominter has the main task of organizing and developing an information exchange system in efforts to prevent and eradicate international/transnational crimes through the INTERPOL network (I-24/7), ASEANAPOL and other information facilities; as well as collecting information and data processing. Based on the explanation described above, the problem will arise "How to optimize the use of the I-24/7 Network System by the Kominter Unit to Overcome Transnational Crime in the Context of Realizing Modern Police in the 4.0 era?". From these main problems, the author also creates problems, including: "How do you optimize human resources, budget support, infrastructure and methods in using the I-24/7 network system by Bagkominter?" The approach used in this thesis is qualitative by using descriptive analysis method. Data collection techniques using interviews. Data analysis techniques using data reduction. data presentation, and drawing conclusions. Based on the research results, it can be explained that there is still a limited number of personnel and personnel competence, the operating budget for the I-24/7 network system is still inadequate, the facilities and infrastructure owned are still inadequate and the methods for dealing with transnational crimes are still not running optimally
LEGAL STRENGTH OF POWER OF ATTORNEY OF IMPOSING GUARANTEE RIGHTS REGARDING THE ISSUANCE OF REGULATION OF THE HEAD OF THE NATIONAL LAND AGENCY NUMBER 8 OF 2012 Ni Putu Sawitri Nandari; Ketut Elly Sutrisni; Wayan Suderana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3789

Abstract

The Power of Attorney for Imposing Mortgage is a special power of attorney, does not contain the power to take other legal actions other than imposing Mortgage as stipulated in chapter 15 of Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (UUHT). Notary as a Public Official who is authorized to make authentic deeds is also authorized to make a Power of Attorney to impose Mortgage in accordance with the provisions stipulated in Law Number 2 of 2014 concerning the Position of Notary (UUJN). However, in its development the process of making a Power of Attorney for Imposing Mortgage by a Notary experienced obstacles which became a problem in writing this thesis which was related to the Regulation of the Head of the National Land Agency Number 8 of 2012 concerning Amendments to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. This research is a normative research, namely by looking for legal materials based on library research. Legal materials obtained from library research will be analyzed using a qualitative descriptive method. The type of approach used is the legal concept analysis approach and the approach through laws and regulations. The results of the study show that the Power of Attorney for Imposing Mortgage made by a Notary after the issuance of Regulation of the Head of the National Land Agency Number 8 of 2012 has permanent legal force. Notaries have their own legal umbrella within their authority to make a Power of Attorney to impose Mortgage as stipulated in UUJN. Therefore, the provisions contained in the Regulation of the Head of the National Land Agency Number 8 of 2012 cannot be applied to Notaries. 
Implementation of Husband's Rights to Annul Marriage Due to False Identity in the Religious Courts of Metro Lampung City Huzaini Husin; Arne Huzaimah; Jalaluddin Jalaluddin; Nor Ipansyah; Sardjana Orba Manullang; Vivit Fitriyanti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3955

Abstract

At this time, in the contemporary and modernization era, it is easier for couples who want to get married, especially with economic conditions that have begun to recover from the influence of the pandemic, so this is very supportive of quickly achieving their desire to marry. For couples who have previously been married and want to remarry, of course there are other requirements that must be met. Thus, sometimes some couples take shortcuts in falsifying their identity, such as being a widow or a virgin, in order to achieve their desire to get married officially. This is not impossible, in fact, it often happens that prospective female partners deliberately fake their identities to be accepted by male partners who are still virgins. The main problem in this research is how to implement the husband's right to annul the marriage due to falsifying the identity of the prospective wife, as well as how the judge's legal considerations are in resolving this problem. This study uses qualitative research methods with a normative descriptive approach. Data sources are based on literature studies and court decisions which are then analyzed using the content analysis method. The research results prove that the husband's rights in cases of identity fraud by his future wife are protected by the state based on statutory regulations so that the husband can take legal action to defend his rights. The judge in this case has given appropriate legal considerations so that no party is harmed as a consequence of their respective actions.
Indonesian Ombudsman: Strengthening Role in Improving the Quality of Public Services Taqwa Taqwa; Amzulian Rifai; Nashriana Nashriana; Iza Rumesten RS
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3605

Abstract

When residents have issues with a government agency, they may resort to the impartial Ombudsman. This research looks at how the Indonesian Ombudsman has affected service quality there. This research aims to clarify the need for an Ombudsman in the fight against bad administration and to propose reforms to the legislation that would give them more authority. This research blends a normative judicial approach with a descriptive analytic technique. This research shows that the Indonesian Ombudsman has the potential to become a powerful advocate for improving the quality of government services and protecting people' rights against infringement by the state. The Ombudsman in Indonesia can do a better job of sustaining good governance and guaranteeing justice in the provision of public services if given the sufficient resources and support from the government and society, as well as the required legal framework.
The Legislative Function of the House of Representatives to Prevent and Eradicate of Corruption Jaidun Jaidun
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.3216

Abstract

The House of Representatives through its legislative function can renew or replace the existing Law on the eradication of corruption with a new Law on the prevention and eradication of corruption that is effective and radical in preventing and eradicating corruption. The establishment of laws to prevent and eradicate corruption is a mandate of the people that must be realized by the House of Representatives through the legislative function, in order to realize the welfare and intellectual life of the nation, while law enforcement officials are unable to prevent and eradicate corruption completely, due to the principle of legality and the mentality of law enforcement officials. Legally, preventing and eradicating corruption must have a legal basis that is made and stipulated by the House of Representatives together with the President. The establishment of the Law on the prevention and eradication of corruption must be able to ensnare the perpetrators (corruption) and cause a long-term deterrent effect and potential perpetrators (corruptors) who want to commit corruption crimes think long to commit corruption crimes (deterrent effect). If this legislative function is not used to form effective and radical corruption prevention and eradication laws, it will lead to public distrust of the House of Representatives. This can lead to an increase in the crime of corruption in the management of state finances.

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