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[PERLINDUNGAN HUKUM BAGI INVESTOR DALAM PASAR MODAL MENURUT UNDANG-UNDANG PASAR MODAL DAN UNDANG-UNDANG OTORITAS JASA KEUANGAN ]]>
<![CDATA[Vidya Noor Rachmadini]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 18, No 2 (2019): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i2.1093
<![CDATA[Legal Protection for Investors in the Capital Market. Supervision in the financial services industry capital markets experienced a change of control by Bapepam-LK be supervised by the Financial Services Authority. Institutionally, Bapepam-LK is responsible to the Minister of Finance, as Bapepam-LK is under the auspices of the Ministry of Finance, while the Financial Services Authority is responsible to Parliament or the public. Crucial aspect on which the formation of the FSA is not maximum protection of the interests of consumers of financial services. In accordance with the problems that occur as above, the authors feel the need to examine the legal protection in the capital market. This writing will also examine the parties are entitled to legal protection based on Law No. 8 of 1995 and the Capital Market Law No. 21 of 2011 on the Financial Services Authority. Keywords:Legal Protection, Consumer Interests, The Capital Market]]>
<![CDATA[Problematika Pemilihan Kepala Daerah Calon Tunggal Dalam Demokrasi Indonesia ]]>
<![CDATA[Nurfaika Ishak]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 2 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1144
<![CDATA[This study aims to explain the arrangements for a single candidate regional head election and how people's sovereignty is channeled into the democratic process of regional head elections. This type of research is a descriptive normative juridical study. The data used are secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The results showed that the regulation of regional head elections with only 1 (one) pair of candidates began with the issuance of the Constitutional Court decision Number 100 / PUU-XIII / 2015 which was subsequently followed by the issuance of General Election Commission Regulation Number 14 of 2015 and Law Number 10 of 2016. Whereas the people are the determinants of government administration power through the regional head election process so that the people as the main activator of the wheel of democracy should not be hindered in choosing candidates for regional head leaders even though there is only one pair of candidates involved in the election. Election of heads must be carried out honestly and fairly so that political awareness by all citizens can be realized.Keywords: Local Elections; Sovereignty; Democracy.]]>
<![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[Pemberdayaan Bimbingan Perkawinan dalam Mewujudkan Keluarga Sakinah ]]>
<![CDATA[Muhammad Hatami Ritonga]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 2 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1301
<![CDATA[This study aims to discuss the empowerment of marriage guidance in realizing a sakinah family. This type of research is a descriptive analytic field research. Data collection is used by interviewing, and documentation to produce data about the object of this research study. The research data were collected through interviews and documentation. Analysis using the inductive method and also deductive analysis. The results showed that the empowerment of marriage guidance in realizing the sakinah family had not been carried out optimally, so it was impressed as an administrative requirement. As a result, many divorces occur after marriage.]]>
<![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[PROSES PEMBERIAN HAK GUNA BANGUNAN DIATAS TANAH HAK MILIK ]]>
<![CDATA[Shofi Nur Fajriana Kusuma]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 18, No 2 (2019): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i2.1094
<![CDATA[The problems examined in this task are how the granting of building use rights / use rights over Private Property land and how the Registration of Building Use Rights / Use Rights on Private Property Rights. In connection with this problem, this task aims to determine the granting of building rights / use rights over land as well as the process of Registration of Building Use Rights / Use Rights on Private Land. The method used in this task is the method of data collection that is, literature study and data analysis methods namely data collection, data editing, data verification. The results of the study show that the process of granting Building Use Rights / Use Rights over Private Property Rights begins with the making of an agreement between the land owner and the prospective holder of the relevant land rights. The agreement, in accordance with the provisions of Article 37 letter b of the BAL must be in the form of authentic and contained in the PPAT deed entitled: Deed of Granting Building Use Rights / Use Rights on Owned Land.Keywords:Building Rights, Registration, Land]]>
<![CDATA[Public Engagement in the Implementation of the Policy on Waste Banking ]]>
<![CDATA[Abdul Kadir Jaelani]]>;
<![CDATA[Lusia Indrastuti]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 2 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1171
<![CDATA[Kalisoro urban village is one of the tourist areas facing the issue of rising pile of garbage and the lack of knowledge of the waste. Especially in waste management this problem really needs more attention. Society involvement support is required in this waste management. Kalisoro Village waste management is an independent waste management village which involves the community. In this management, using the Reuse, Minimize, and Recycle 3R process. This study aims to explain the participation of independent waste village management by identifying the phases of participation society, the level of participation society and the factors affecting participation in the group. This study is presented in qualitative descriptive form, using in-depth interview technique in data collection and also using interactive data analysis technique for data triangulation. In this study, the culture represented by the Non-Governmental Organisations manages the consequence of involvement society in the management of the autonomous waste villages. Society ways of engagement are to contribute ideas, resources, funds, and engage in waste collection. But not all Kalisoro Village groups participated directly. In Kalisoro Village the level of participation society involves Citizen Power.Keywords: Participation; Society; Kalioso]]>
<![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[IMPLEMENTASI DALUARSA GUGATAN DALAM PUTUSAN PERADILAN TATA USAHA NEGARA DI INDONESIA ]]>
<![CDATA[Abdul Kadir Jaelani]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 18, No 2 (2019): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v18i2.1090
<![CDATA[This study aims at describing the application of the expiry of the case in Indonesia 's State Administrative Court ruling, the form of analysis used is conventional legal investigation. This analysis is concise. The type of data that is used is secondary. Secondary techniques of gathering data were obtained through research into libraries. All primary and secondary data were qualitatively analyzed. The findings showed that the Semarang State Administrative Court Decision No. 64 / G/2014 / PTUN.SMG and the Surabaya State Administrative Court Decision No. 135 / B/2015 / SBY did not explore and analyze the Supreme Court Circular Letter Number 2 of 1991 concerning the Implementation Guidelines for Several Provisions in Law Number 5 of 1986 concerning State Administrative Court, section V number 3, Article 39 paragraph (1) and paragraph (2) of Law Number 32 Year 2009 concerning Environmental Protection and Management and Article 9 paragraph (1) jo Article 4 of Law No. 14 of 2008 concerning Public Information Openness.Keywords:Case Expiry, Administrative Court and Decision ]]>
<![CDATA[Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan ]]>
<![CDATA[Rio Saputra]]>;
<![CDATA[Mokhammad Najih]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 19, No 2 (2020): PENA JUSTISIA ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1119
<![CDATA[Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).Keywords: Legal Aid, Criminal Cases]]>
