Pena Justisia: Media Komunikasi dan Kajian Hukum最新文献

{"title":"Protection And Legal Security System For Digital Signature Users As Consumers In The Indonesian Legal System","authors":"Tami Rusli, Zainab Ompu Jainah, E. B","doi":"10.31941/pj.v23i2.4751","DOIUrl":"https://doi.org/10.31941/pj.v23i2.4751","url":null,"abstract":"This research aims to find legal protection against digital signature users as consumers associated with the principle of justice. This research uses a normative juridical approach by focusing on secondary data. The research specification used is descriptive-analytical. The research stages were carried out through library research and field research as support. Data collection techniques were carried out through document studies and interviews. While data analysis is carried out in a qualitative, juridical manner. The results showed that since the enactment of Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), the legal force and legal certainty of electronic information, electronic documents, and electronic signatures as valid evidence in electronic transactions such as e-commerce and e-business have the same legal force and legal certainty as the original. As a suggestion, in an effort to increase the effectiveness of the enactment of Law Number 11 of 2008 in conjunction with Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE), it is necessary to immediately issue a Government Regulation (PP) as an implementing regulation so as not to cause confusion for the community and, of course, the government itself in its law enforcement","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":"47 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141928208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Economics Analysis of Legal Approach In the Progression of West Lampung Traditional Cultural Expression","authors":"Zainab Ompu Jainah, E. B, Melisa Safitri, I. Seftiniara, Tami Rusli","doi":"10.31941/pj.v23i2.4748","DOIUrl":"https://doi.org/10.31941/pj.v23i2.4748","url":null,"abstract":"The value of West Lampung's traditional cultural expressions has not been maximized for the local inhabitants. This article will explain how to implement the local government-requested preservation of West Lampung traditional expressions and their use in accordance with the Economic Analysis of Law framework. The results of the discussion indicate that the Protection and Utilization of Traditional Cultural Expressions has only reached the inventory stage, based on Law No. 28 of 2014 regarding Copyright, Law No. 5 of 2017 regarding Promotion of Culture, Law No. 11 of 2010 regarding Cultural Conservation and Regulations Government No. 6 of 2015 regarding Museums, and Regulation of the Minister of Culture No. 106 regarding Intangible Cultural Heritage of Indonesia. The Economic Analysis of Law demonstrates that West Lampung's traditional cultural expressions must be optimized in order to boost the region's income. This can be maximized through the collaboration of the local government with academics in the arts, artists, Youtubers, artists, and other parties who are already aware of what the global community desires as connoisseurs, so that professional processing can affect the welfare of the people of West Lampung","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":"56 46","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141928934","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL POLITICS IN THE IMPLEMENTATION OF LEGALIZATION ABORTION CAUSED BY RAPE","authors":"Sri Wulandari","doi":"10.31941/pj.v23i1.3790","DOIUrl":"https://doi.org/10.31941/pj.v23i1.3790","url":null,"abstract":"Political power greatly determines the formation of legal rules in realizing people's expectations regarding the enactment of the law. One manifestation of the implementation of legal politics is the enactment of legislation in the context of legalizing abortion due to rape. This research aims to analyze the legalization of abortion as well as efforts to prevent abortion and not vice versa to provide space for abortion which leads to an increase in adulterous behavior by creating a systematic, factual and accurate picture. The research method is normative juridical using secondary and primary data. In positive Indonesian law, abortion is prohibited and is a type of crime. The Health Law and PP on Reproductive Health have a specific objective, namely ensuring the fulfillment of the right to continue life (HAM) and reproductive health through safe, effective and affordable health services, therefore, abortion with indications of a medical emergency and rape are exceptions to the prohibition on abortion.","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140382580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Transformation in the Digital Age: A Comparative Study of the Impact of New Regulations in the Digital Economy","authors":"Isnin Harianti, Achmad Muthar, Fendy Setiawan, Bhim Prakoso","doi":"10.31941/pj.v23i1.4178","DOIUrl":"https://doi.org/10.31941/pj.v23i1.4178","url":null,"abstract":"The research aim is to analyze the impact of new regulations in the digital economy through a comparative study. This research uses the content analysis method to understand how these regulations affect legal structures and business practices. The digital age has brought significant changes to the global economy, triggering the need for regulations that can support innovation while protecting the rights of users. New regulations in the digital economy often relate to data privacy, cybersecurity and intellectual property rights. Through content analysis, this research evaluates how different countries are responding to these challenges through their legal frameworks. The research is also grounded in natural law theory, coined by Hugo Grotius, who argued that laws should reflect universal and unchanging moral principles. The results show that new regulations in the digital economy have a significant impact on legal protection for consumers. This protection effort is carried out through preventive, repressive, protective, solution, and alternative approaches. Dispute resolution through both litigation and non-litigation channels shows that legal protection can be guaranteed by the existence of regulations governing electronic commerce, especially on e-commerce platforms. By applying these principles, this research aims to provide recommendations for the establishment of regulations that are not only effective but also fair and sustainable. ","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140386819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The influence of the Business Judgment Rule on the accountability of the Board of Directors for their errors or negligence based on Eisenberg's theory of Director's Accountability","authors":"Miftah Arifin, Zaenal Arifin","doi":"10.31941/pj.v23i1.4208","DOIUrl":"https://doi.org/10.31941/pj.v23i1.4208","url":null,"abstract":"In the business world, the Business Judgment Rule (BJR) is a legal principle that provides protection to directors when making risky business decisions, as long as those decisions are made in good faith, with sufficient care, and without personal interest. Although BJR is not explicitly regulated in Indonesian law, this principle is reflected in the Limited Liability Company Law and considered in the theory of director liability proposed by Melvin Aron Eisenberg. The purpose of this research is to analyze the application of the Business Judgment Rule principle in Indonesian corporate law to protect directors from liability for their mistakes or negligence, and to evaluate its influence on Eisenberg's theory of director liability. This study uses a normative legal research method that examines legal norms to analyze and interpret legal provisions related to the application of the Business Judgment Rule and director liability in Indonesia, as well as examining the influence of Eisenberg's theory on that doctrine. A conceptual approach is used to study the concept of the Business Judgment Rule and Eisenberg's theory of director liability in depth. The research results show that the Limited Liability Company Law in Indonesia regulates the application of the Business Judgment Rule (BJR), which provides protection to directors from liability for risky business decisions as long as they meet the requirements of good faith, due care, no conflict of interest, and efforts to prevent loss. However, BJR protection is not absolute, and directors can be held accountable if they violate corporate governance principles. Melvin A. Eisenberg's theory of director liability provides clearer boundaries, where directors can lose BJR protection if they violate the duty of care, duty of loyalty, duty of good faith, and duty of candor, making them accountable for their mistakes or negligence in business decision-making.","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 29","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140386545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Significance of Spousal Consent in a Loan Agreement as The Enforcement of Joint Asset Provisio","authors":"Tifauni Anne Guntari, Hening Hapsari Setyorini","doi":"10.31941/pj.v23i1.4222","DOIUrl":"https://doi.org/10.31941/pj.v23i1.4222","url":null,"abstract":"Joint asset causes legal consequences in entering into a loan agreement and its accessor, collateral agreement. These legal consequences shall arise as spousal consent is necessary in entering into such agreement. However, many collateral agreements are arranged without a spousal consent. The purpose of this writing to find out the legal consequences of collateral agreements which are entered into only by one of the parties, husband or wife, over the joint assets and responsibility(s) of the Notary Public and Land Deed Official Certifier (“Pejabat Pembuat Akta Tanah/ PPAT”) regarding the agreement. This study utilizes normative juridical approach which was carried out by examining data from legal norms in the society, including laws and regulations. Based on its characteristic, this research is a descriptive study. The result of this study is agreement remains binding on the joint asset despite the collateral agreement being entered into without spousal consent. Meanwhile, the responsibility of the Notary Public and PPAT if they are proven to neglect their obligation is considered unlawfulacts.","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140387275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The existence of serial marriage on the position of children in the issuance of birth certificates","authors":"Rizda Ardyati","doi":"10.31941/pj.v23i1.3646","DOIUrl":"https://doi.org/10.31941/pj.v23i1.3646","url":null,"abstract":"This study examines the issue of the issuance of birth certificates for children resulting from unregistered marriages and knowing how the registration that can be made to bring up civil relations between fathers and children resulting from unregistered marriages at the Department of Population and Civil Registration of Semarang Regency. The research was conducted empirically with a descriptive nature, data obtained from primary and secondary data with qualitative analysis techniques. Based on the results of the research and discussion, it is known that the issuance of the Birth Certificate is carried out in three ways, firstly with a statement of children born out of wedlock with the provisions in the Birth Certificate that only the mother's name is included. Second, with the Surat Pertanggungjawaban Mutlak (SPTJM) the truth as a married couple applies the provisions in the Birth Certificate to include the names of the father and mother with additional phrases and thirdly for Muslims after recording the marriage at the KUA with the results of the marriage itsbat trial, then the child is made a Birth Certificate so that his status can be directly recognized son of a legal father and mother. Registration that can be made to bring up civil relations between fathers and children as a result of unregistered marriages are carried out in two ways, first if the marriage cannot be registered then the provisions for child recognition are enforced with a statement of child acknowledgment made by the biological father approved by his biological mother without trial. The second is the ratification of the child by registering the unregistered marriages first and then the trial of the ratification of the child","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 32","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140387607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Aisyiyah Organization Communication Network In Tuberculosis Prevention In North Sumatra","authors":"Syukur Kholil, Yusnadi Yusnadi, Nurhalima Tambunan","doi":"10.31941/pj.v23i1.3935","DOIUrl":"https://doi.org/10.31941/pj.v23i1.3935","url":null,"abstract":"The purpose of this study was to analyze the communication network built by the Aisyiyah organization in the prevention of Tuberculosis (TB) in North Sumatra. Aisyiyah as Lembaga autonomy Muhammmadiyah who became one of the government fatners in the eradication of tuberculosis. Eradication of tuberculosis is something that must be done in breaking the chain of the spread of tuberculosis that is of concern to the world because the disease is very fast spreading and is the no. 2 deadly disease after HIV Aids. Transmission is through people infected with tuberculosis coughing and removing mycobacterium bacteria. The research methods used are descriptive through qualitative approaches. The informant in this study was the Head of Aisyiyah Region of North Sumatra, TB-HIV Care Aisyiyah Team of North Sumatra. Data collection techniques through interviews, observations, and documentation. The results showed that the communication network built by Aisyiyah North Sumatra in the prevention of Tuberculosis by forming TB-HIV Care Aisyiyah.  Cadres as implementers who plunge into the community to the village level in helping to provide services in collaboration with puskesmas services. Cadres in carrying out this humanitarian task always put forward human values by not paying attention to race, religion, or ethnicity.  For cadres to be able to carry out tasks in the field are given debriefing that supports competence in the form of knowledge related to TB, effective communication and evaluation, and reporting, in addition, cadres in performing their duties are provided facilities such as jackets of pinaster marks, participant cards as TB cadres. . As for the reporting made by cadres so that sufferers, suspects more easily obtain drug services that can later be obtained from the nearest health center whose treatment is provided by the government for free. The recruitment of these cadres is usually done through Aisyiyah studies or can be done through other channels such as through social media, and in coordination with other organizations or associations such as the PKK Mother","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140387947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Politics, Law, Regional Innovation Policy Related to the Implementation of Population Administration in Local Government Administration","authors":"Enis Tristiana","doi":"10.31941/pj.v23i1.3636","DOIUrl":"https://doi.org/10.31941/pj.v23i1.3636","url":null,"abstract":"<table border=\"0\" cellspacing=\"0\" cellpadding=\"0\"><tbody><tr><td valign=\"top\" width=\"388\"><p class=\"TableParagraph\">Legal politics was originally interpreted as legal policy (legal policy) imposed in certain regions. At the next stage, legal politics is also understood as a frame of mind in determining and understanding the legal policy. Legal politics is the development of law that is based on making and updating material to suit the needs and implementation of legal provisions that have been included in affirming the function of institutions and fostering law enforcers. Regional Innovation is all forms of renewal in the implementation of Regional Government regulated in Government Regulation Number 38 of 2017 concerning Regional Innovation. In population administration, assessments related to regional innovation are regulated in the implementation of population administration. This study was conducted to find out This study uses data collection methods with interviews, observations, and documentation to see the results of research and discussion. Legal politics related to regional innovation policies are all forms of reform in the administration of regional government<em></em></p></td></tr></tbody></table>","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140388203","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Women in Political Party Recruitment in Japan: A Comparative Study of the Liberal Democratic Party (LDP) and the Constitutional Democratic Party (CDP)","authors":"Ardhana Ulfa Azis","doi":"10.31941/pj.v23i1.3658","DOIUrl":"https://doi.org/10.31941/pj.v23i1.3658","url":null,"abstract":"This research will shed light on the role of women in political parties in Japan. Japanis still in 125th position out of 146 countries in the World Economic Forum's Global Gender Gap Index (GGI) Report 2023. This puts Japan at the bottom among developed countries. Even though various policies related to gender equality have been taken by the Japanese government. Politics as an instrument of democracy should ideally play a role in the promotion and campaign of gender equality in Japan.  The ruling LDP  (Liberal Democratic Party) and the opposition CDP (Constitutional Democratic Party) also played the issue  of gender equality as part of efforts to respond to women's public. The response of political parties can certainly be traced to how political parties recruit and place women in party and parliamentary structures. This is the purpose of this study, to find out how the LDP and CDP recruit and candidacy women in their respective parties as an effort to realize gender equality. Using qualitative methods and party recruitment perspectives, it was found that both LDP and CDP provide space for women's involvement in their political parties. Although the LDP in the recruitment of women still uses a conservative and exclusive approach, the CDP is more progressive and inclusive. And also both, the LDP and CDP both consider the capital and political motivations of each female candidate. However, neither of them has made the affirmative quota policy effective within his party","PeriodicalId":124384,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum","volume":" 30","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140387815","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}