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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

Reconstruction Of Regional Autonomy To Strengthen Governor's Authority Sugianto, Bambang; Febrian, Febrian; Ridwan, Ridwan; Rumesten, Iza
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.v22i2.2372

Abstract

Autonomy is one of the essences of realizing regional independence and accelerating development, so that the community will enjoy development through the role of local governments that involve the community directly in development based on local wisdom. However, in the implementation of regional autonomy, problems arise and there are still many regions that are not prosperous and unable to make it happen. To get out of the problems faced in the implementation of autonomy, reconstruction of several inhibiting factors is carried out, namely: exploitation of regional income, understanding of the concept of decentralization and regional autonomy that is not yet stable, provision of inadequate regulations for implementing regional autonomy , human resources of government officials who have not fully supported the implementation of autonomy. area . corruption in the regions, a factor in the potential emergence of conflicts between regions. To get out of the problems in the implementation of autonomy, it is necessary to have the concept of strengthening the authority of the governor in regional autonomy so that the acceleration of economic growth and development will require some reconstruction of authority, namely: reconstruction of authority based on legal certainty, reconstruction of authority based on justice, reconstruction of authority based on a unitary state, and reconstruction of authority based at the provincial government level.Keywords: Reconstruction, Strengthening authority
THE NATURE OF THE SUPERVISION OF THE COUNCIL OF REPRESENTATIVES ON THE FUNCTION OF LEGISLATION IN INDONESIA indriyani, santi; Febrian, Febrian; Zanibar, Zen
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.v22i2.4001

Abstract

The House of Representatives is the holder of legislative power, which is expected to be able to produce quality legislative products in accordance with the legal needs of the community. However, the reality was the opposite of what was expected, resulting in public rejection. so that a judicial review must be submitted to the Constitutional Court. The purpose of this article is to find out how the nature of supervision of the council of people's representatives on the functions of law in Indonesia. The research method used is a normative legal research method with a qualitative approach to provide a descriptive explanation. The results of research analysis related to the nature of the DPR's oversight of the legislative function in Indonesia indicate that the supervisory function consists of the legislative function, democratic values, the value of balance, the value of truth, the value of benefits, and the principles contained in the DPR's supervisory function. 
The Application Of System Based Models Victim Offender Mediation Towards Recovery Of State Financial Losses Due To Corruption In Indonesia Sidabutar, Victor Antonius Saragih; Febrian, Febrian; Nashriana, Nashriana; Achmad, Ruben
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5192

Abstract

In some cases, corruption has the potential to develop into money laundering, which will complicate the performance of law enforcement officers to track suspicious financial transactions and save assets suspected of belonging to the state. In response to this problem, the replacement money payment system is carried out by law enforcement officers. However, based on the results of the investigation, the implementation of replacement money payments for the recovery of state financial losses is considered ineffective and inefficient at the application and execution stages. Therefore, a legal breakthrough is needed in the form of the use of penal mediation as an effort to maximize state financial recovery. The purpose of this study is to identify the problems of recovering state financial losses due to corruption in Indonesia and the application of the victim offender mediation system based models to recovering state financial losses due to corruption in Indonesia. The results of this study indicate that the alternative nature contained in the construction of Article 18 of Law. No. 31 of 1999 has the potential to result in efforts to recover state financial losses being less than optimal and effective, this is due to the tendency of perpetrators to avoid responsibility for paying replacement money. The application of SBM VOM to recovering state financial losses can be done by accommodating the concept of PB in positive law in Indonesia. This research is a normative legal research using 3 approaches, namely the statutory approach (Statute Approach), the conceptual approach (Conceptual Approach) and the comparative approach (Comparative Approach).
Resolution of Judge's Ethical Violations by the Judicial Honorary Council in the Perspective of the Joint Regulation of the Judicial Commission and the Supreme Court Merta, M. Martindo; Febrian, Febrian; Rumestan, Iza
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6642

Abstract

This paper examines the role of the Judicial Honorary Council (MKH) in supervising judges' ethics in Indonesia, within the framework of the joint regulation between the Judicial Commission and the Supreme Court. The establishment of the Judicial Commission in 1999 marked a crucial step in addressing the need for independent external supervision of the judiciary, aimed at ensuring a transparent, fair, and professional judicial system. The paper highlights the significant role of the Judicial Commission in monitoring judges' behavior, proposing the appointment of judges, and enforcing the Code of Ethics and Judicial Conduct Guidelines. However, despite its mandate, the Judicial Commission’s recommendations often face non-compliance from the Supreme Court, particularly regarding technical judicial violations. The Judicial Honorary Council, as part of the Supreme Court's internal supervisory mechanism, plays a pivotal role in processing violations committed by judges. This research identifies the challenges faced by MKH in enforcing the code of ethics, such as indecisiveness, potential conflicts of interest, and inadequate follow-up on recommendations. These challenges undermine the effectiveness of the supervision system, highlighting the need for improved coordination and clearer delineation of authority between the Judicial Commission and the Supreme Court. The paper also emphasizes the importance of strengthening the collaboration between these two institutions to ensure a consistent and effective judicial supervision system. Through an in-depth legal analysis, the study concludes that enhancing transparency, accountability, and objectivity in the supervision process is essential for fostering public trust in the Indonesian judicial system.
Co-Authors Ade Hastuty Adelia, Marvina Adjar Pratoto, Adjar Akbar, Muh. Imaduddin Alfi Muiz Ambarita, Nova Indah Anderi, Anderi Andien Putri Aullia Annalisa Yahanan, Annalisa Annisa Pratiwi, Annisa Anovani, Euis Intan Apriandi, Mada Apriyani, Lusi Arifin, Yesica Salshabila Army, Noor Astiena, Adila Kasni Bambang Sugianto Bayu Dwi Anggono Candraningtyas, Rara Chandra, M Jeffri Arlinandes Chrismesi Pagiu Dewi Nusraningrum, Dewi Dzulqadri, Abrar Elmadiantini, Elmadiantini Elvi, Marianti Erwin Erwin Fahmi Yoesmar Ar-Rasyidi Fariz Dinata Faridhi Fathoni Fathoni Febrian , Febrian Febrian, Deni Febrianto, Danu Febrina, Raissa Firdaus Firdaus Firdias I, Achmad Firman Muntaqo Firmansyah Firmansyah Fricia, Deyana Gunawan, Febri Hakim, Usnul Hamudin, Irna Andriani Hapsari, Umi Harahap, Dwi Fajri Hasanah Hasudungan, Oktar Husien , Nani Husna, Nindita Asma Ul Ibrah Prayogo, Dhian Idham Lakoni Ihlasuddini, Habiba Nabila Indarto, Fari indriyani, santi Istiar, Widi Anggar Iza Rumesten Iza Rumesten RS Jahyus, Muhammad Ryan Jajang Gunawijaya, Jajang Jamilullah, Jamilullah Jessica Aulia Sheril Joni Emirzon Kalamor, Albady Ahmad Khoirul Hidayat Kurnia Rahmawati, Kurnia Lihawa, Wahyudin Manurung, Julian Lois Maulana, Sofyan Fajar Merta, M. Martindo Muhammad Rifqi Maulana Muslimin, Muhammad Nabila Nurasyifa Naibaho, Erwan Napitupulu, Diana R.W. Napitupulu, Diana Ria Winanti Nashriana, Nashriana Neisa Angrum Adisti Nihayah, Badi'atun NIZAR, MOHAMMAD Nugraha, Irfan Nugraha, Irfan Nurhikmah, Siti Nurizati Nurizati Oslita, Oslita Paduloh Paduloh Peratama, Affry Darmawan Puji Astuti Putu Samawati, Putu Rasidi, Rasidi Reynaldi, Delvin Riansyah, Rizqy Ridwan, Ridwan Rifai, Abil Rikadiana, Rikadiana Rino Ferdian Surakusumah Risky, Muhamad Riyanto, Slamet - Rizanda Machmud Ruben Achmad Rumestan, Iza Sanadia, Sanadia Saputra, Indrawan Yoswanda Sarah Sarah, Sarah Scesa, Laidy Aprilia Setiawan, Faiq Rizqi Sidabutar, Victor Antonius Saragih Sitindaon, Iwan Victor Leonardo Slamet Riyanto Sukma Adi Perdana, Sukma Adi Sulisyadi, Yohanes Suminar S, Ratna Syaputra, Ariat Tambunan, Monifa Geraldin Topo Santoso Triani, Andini I Mayang Unigraha, Arinda utama, cholidah Wardina, Fildza Zanibar, Zen - Zen Zanibar Zuhir, Mada Apriandi