Jurnal ini dikelola oleh Fakultas Hukum Universitas Pamulang. Jurnal Pena Hukum adalah wadah bagi akademisi dan peneliti maupun praktisi serta masyarakat pada umumnya untuk menuangkan ide pemikiran dan gagasan yang kritis dan konstruktif pada bidang pengkajian Hukum sesuai dengan focus and scoupe. Terbit 4 (empat) kali dalam setahun pada bulan Januari, April, Juli, dan Oktober. INFORMASI JURNAL Nama Jurnal : Jurnal Pena Hukum Inisial : JPH DOI : -; ISSN : 3026-2623 (Online) Editor in Chief : Novita Akria Putri Managing Editor : Fadhli Muhaimin Ishaq Frekwensi : 4 kali terbit pertahun (Januari, April, Juli, dan Oktober) Publiser : Fakultas Hukum Universitas Pamulang Jurnal Pena Hukum menerapkan prosedur penilaian Double Blind System. yaitu authors dan mitra bestari yang tidak saling mengenal identitasnya. Jurnal Pena Hukum terindax pada :
Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang
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PEMIDANAAN TTERHADAP KEJAHATAN NARKOTIKA DITINJAU DARI BAB XV UNDANG-UNDANG 35 TAHUM 2009 TENTANG NARKOTIKA
Resistance Against Narcotics Crime Viewed From The Aspect of Penalties, Narcotics has become an enemy and a challenge for countries in the world including in Indonesia. Narcotics abuse proves to have undermined the nation's future in any country. The destructive power caused by narcotics is remarkable, not just physical damage and crime, but also destructive to human character. Narcotics regulation based on Law Number 35 Year 2009. aims to ensure availability for the benefit of health and science, to prevent narcotics abuse, and the eradication of illicit narcotics. The existence of the Narcotics Act namely Law Number 35 Year 2009 on Narcotics is a legal effort of the Indonesian government to overcome the criminal acts of narcotics. The formation of narcotics laws is expected to overcome illicit traffic and drug abuse by using criminal law facilities. The purpose of criminal law is to protect the interests of natural persons or human rights and society. The objective of criminal law in Indonesia must be in accordance with Pancasila philosophy that is capable of bringing just interests to all citizens. Criminalization can be interpreted as the stage of sanctions and also the stage of sanctions in criminal law. The word "criminal" is generally defined as law, while "punishment" is defined as punishment. The crime of narcotics or drugs based on the laws and regulations, give severe criminal sanctions, in addition to being subject to corporal punishment and also subject to fine, but in fact the perpetrators are increasing. This is due to the fact that the penal sanction has no effect or deterrent effect on the perpetrators.
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PENYELESAIAN BALIK NAMA SERTIPIKAT YANG PENJUALNYA MENGHILANG SETELAH TRANSAKSI
Realizing legal certainty regarding the purchase of land that is carried out according to custom while the seller disappears when a sale and purchase deed is to be made through an application for a court lawsuit in the sense of carrying out a litigation process and through the results of a court decision from the judges, the next process can be carried out, namely making an authentic deed in the form of a deed of sale and purchase made by the Official for Making Land Deeds on a court order which was decided by a judge in the form of a court decision so that through this decision the process of transferring the name of the sale and purchase of the land at the Land office can be carried out as stipulated in Government Regulation Number Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land registration is not yet a legal requirement for land registration in the process of transferring names because as the deed made by the Land Deed Making Officer is an authentic deed.
HASIL PENGOLAHAN SAMPAH RUMAH TANGGA WARGA DI PERUMAHAN GRIA SERPONG, KECAMATAN SERPONG TANGERANG SELATAN DALAM PENERAPAN UNDANGUNDANG NOMOR 18 TAHUN 2008 DAN UNDANG-UNDANG NOMOR 32 TAHUN 2012
Through Law no. 18 of 2008 concerning Waste Management, mandates waste management at the first level of waste producers (communities, industrial areas, traditional markets/malls, etc.). The district/municipal government should immediately implement it in a "firm and disciplined manner", make or revise local regulations, design a communal-based waste management master plan. The form of waste management that is mostly carried out in Indonesia is a centralized pattern, with the implementation of an open dumping system at landfills (this pattern must be abandoned no later than 2013, as mandated by Law 18/2008 concerning Waste Management). There are at least three known forms of municipal waste management, namely centralization, decentralization and centralization-decentralization. However, a good waste management pattern is neither centralized nor decentralized (because the community has not been patterned in managing waste), so the ideal now is a centralized-decentralized (se-decentralized) form or pattern, the community with government guidance forms an Organic Waste Management Installation (IPSO) in each dominant waste source (initial stage) then the government forms a Waste Recycling Industry such as the Municipal Waste Management Installation (IPSK) to support and assist the marketing of IPSO which has been established by a joint business group (KUB) by the community, we call this communal pattern or "self-cleaning concept" in dealing with waste problems in Indonesia. To solve the waste problem, you have to look at the current handling patterns. This is the point at which point in the waste disposal chain can be repaired and perfected so that the waste that goes to the TPA in the end is only waste that really cannot be reprocessed, for example B3 waste (poisonous, smelly and dangerous) which goes directly to incineration waste (incinerator) in the TPA. The form of waste management that is mostly carried out in Indonesia is a centralized pattern, with the implementation of an open dumping system at landfills (this pattern must be abandoned by 2013 at the latest.
PERTIMBANGAN HUKUM HAKIM DALAM MENJATUHKAN PUTUSAN TINDAK PIDANA PENELANTARAN DALAM RUMAH TANGGA
Household neglect is not a new thing, because the fact of household neglect often occurs in the reality of society. The household is the place where a family is formed which includes husband and wife, children and people who live in the household at a certain time, but in reality the family is often the place for cases of neglect by one family member against other family members For example, husbands who do not support their wives, parents who leave their children abandoned, children who are abandoned by their parents. From a normative juridical perspective, household neglect is included in the area of domestic violence. The problem in this study is how to enforce the law against criminal acts of neglect in the household, and how are the judges' legal considerations in making decisions regarding criminal acts of neglect in the household. The type of research used is normative legal research. The nature of this research is descriptive analysis which is carried out by analyzing court decisions related to the problems studied. Source of data in this research is secondary data. Collecting data in this study by means of literature study through a review of laws and regulations, court decisions, books, legal journals and other legal documents related to this research. The results and discussion of this research are basically that in the settlement of criminal acts of neglect in the household through the judicial mechanism, there is also a disparity in the judge's legal considerations in making decisions, so a constructive solution is needed.
Normalisasi Bullying di Lingkungan Pendidikan dan Problematika Pemidanaan Pelaku Kekerasan Pelajar
normalized as part of juvenile misconduct. This condition reflects a gap between legal norms that guarantee child protection and the reality of handling bullying cases in schools. Normatively, various laws and regulations have provided legal protection for children against violence; however, in practice, many bullying cases are still resolved informally, resulting in minimal deterrent effects for perpetrators and weak protection for victims. This study aims to analyze the normalization of bullying in educational institutions and the problems related to criminal punishment for student perpetrators from the perspective of criminal law. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that seniority culture, weak school supervision, and the perception that bullying is a normal behavior are the primary factors contributing to the normalization of violence in schools. Furthermore, the implementation of criminal law against perpetrators who are still minors creates a dilemma between victim protection and the principle of child protection. Therefore, an ideal law enforcement model is needed by prioritizing victim protection, rehabilitation of perpetrators, and proportional implementation of restorative justice in resolving bullying cases within educational environments.
KONSTRUKSI GANTI KERUGIAN AKIBAT PUTUSAN LEPAS DARI SEGALA TUNTUTAN HUKUM DALAM HUKUM ACARA PIDANA DI INDONESIA
One of the characteristics of a rule of law is the recognition of human rights, which includes not only acknowledgment of individuals as human beings but also legal certainty and legal protection of the human rights attached to them wherever they are. Indonesia explicitly affirms itself as a constitutional state under Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia, and therefore also guarantees human rights within its constitutional framework. Legal protection against human rights violations must be enforced against various forms of violations, whether committed by individuals within society or by authorities as state administrators and power holders. In the Criminal Procedure Code (KUHAP), protection of human rights is reflected through compensation and rehabilitation for suspects, defendants, or convicts who are arrested, detained, prosecuted, or tried without legal basis or due to mistaken identity or misapplication of law as regulated in Article 95 paragraph (1), and the right to rehabilitation as stipulated in Article 97 paragraph (1) for individuals who are acquitted or released from all legal charges with permanent legal force. This study examines a case concerning alleged human trafficking and exploitation of minors in which the defendant was acquitted of all charges on the basis that the alleged actions were proven but not considered criminal acts. Subsequently, through legal counsel, the defendant submitted a pretrial application requesting compensation for the legal process that caused harm, as guaranteed under KUHAP; however, the panel of judges rejected the compensation request. Thisraises concerns that the defendant did not obtain justice despite being acquitted. Therefore, this research analyzes the legal reasoning of the judges, which is considered inconsistent with legal certainty and applicable positive law, by conducting a juridical and theoretical examination of the decision rejecting the compensation claim.
KEPASTIAN HUKUM PASAL PENCEMARAN NAMA BAIK MELALUI MEDIA SOSIAL BERDASARKAN SURAT KEPUTUSAN BERSAMA (Analisis Surat Keputusan Bersama Menteri Komunikasi dan Informatika, Kapolri dan Jaksa Agung Sebagai Pedoman Implementasi UU ITE)
Everyone has a sense of pride about honor and a sense of pride about a good name. Law on Information and Electronic Transactions (ITE LAW) back in the spotlight. Experts consider several articles of the ITE Law to be problematic, one of which is Article 27 paragraph (3). Article 27 paragraph (3) is a limitation on the human right to convey information so that its implementation does not violate the human rights of others. The norm of Article 27 paragraph (3) has multiple interpretations which result in legal uncertainty in its application. Therefore, the Minister of Communication and Information of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, and the Head of the State Police of the Republic of Indonesia signed the agreement Joint Decree relating to the guidelines for the criteria for the implementation of the ITE Law.
DISHARMONISASI PENGATURAN ROYALTI HAK CIPTA LAGU DALAM PENGGUNAAN KOMERSIAL PERSPEKTIF UNDANGUNDANG HAK CIPTA DI INDONESIA
This study examines the legal issues surrounding the implementation of music royalty rights in Indonesia, particularly in the context of commercial use of copyrighted songs as reflected in public controversies involving musicians. The urgency of this research lies in the increasing disputes regarding royalty payments and the lack of clarity in determining responsible parties for such payments. This study aims to analyze the legal framework governing copyright royalties and identify inconsistencies between normative provisions and practical implementation. The research employs normative legal research with a statutory and conceptual approach. The findings indicate that although Law Number 28 of 2014 on Copyright has clearly regulated economic rights and royalty obligations, there remains legal uncertainty regarding the subject responsible for royalty payments and the effectiveness of Collective Management Organizations in managing and distributing royalties. This condition creates a disharmony between legal norms and practices, potentially undermining the protection of creators’ economic rights. The study concludes that there is a need for regulatory reform and strengthening institutional mechanisms to ensure legal certainty, transparency, and fairness in the royalty system in Indonesia.