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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 515 Documents
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Search results for , issue "Vol. 24 No. 1 (2025): Pena Justisia" : 515 Documents clear
The Role of Customary Law in Natural Resource Management in Rural Areas for National Defence and The Preservation of National Sovereignty Putra, Irman; Sagala, Parluhutan; Jaeni, Ahmad; Lubis, Aref Fahmi
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

Abstract

This study explores customary law’s role in managing natural resources in rural areas of Indonesia, focusing on its contribution to national defence and the preservation of national sovereignty. Adopting a qualitative approach based on a literature review, this research examines the interactions between customary law, state law, and local practices within the resource management framework. The findings reveal that customary law remains a vital institution in regulating access to and utilization of natural resources despite the challenges posed by modern development policies and globalization. The study identifies various adaptive mechanisms within customary law that allow it to evolve in response to socio-ecological changes, thus supporting sustainable resource management. Furthermore, the research highlights the importance of incorporating customary law into formal policy frameworks to enhance the effectiveness of natural resource management at local and national levels.
The Role of Class Ii Auction Officials in the Implementation of Movable Goods Auctions Without Fiduciary Certificates Elawijaya Alsa, Darwin Sinabariba, Rica Gusmarani , Muhammad Ilham, M. Hendra Pratama Ginting, Ramad
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.v24i1.5934

Abstract

Pasal 29 ayat (1) Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia telah memberikan pengaturan mengenai pelaksanaan eksekusi atas objek jaminan fidusia. Penelitian ini dilakukan untuk mengetahui dan menganalisis latar belakang pihak kreditur yang melakukan eksekusi atas agunan bergerak (kendaraan bermotor) yang telah didaftarkan untuk mendapatkan jaminan fidusia dan akibat hukum pelaksanaan eksekusi atas agunan bergerak yang tidak berdasarkan sertifikat fidusia. Lokasi penelitian ini dilakukan di dua Kantor Lelang Swasta di Kota Medan, yaitu Pacific dan Astria. Metode penelitian yang digunakan adalah metode pendekatan hukum empiris, dimana spesifikasi penelitiannya adalah deskriptif analisis. Sumber data yang digunakan adalah data primer dan data sekunder, dimana data primer diperoleh berdasarkan data dan wawancara terstruktur dari kedua Kantor Lelang Swasta di Kota Medan, sedangkan data sekunder diperoleh berdasarkan tagihan, buku-buku, dan hasil penelitian terdahulu. Metode analisis data yang digunakan dalam penelitian ini adalah analisis kualitatif. Hasil penelitian menunjukkan bahwa dalam hal debitur wanprestasi, maka pihak kreditur (lessor) dapat mengambil agunan dengan menggunakan sertifikat fidusia dan melakukan sita jaminan secara langsung dengan menggunakan Lembaga Eksekusi Parate, selanjutnya menjual barang eksekusi agunan tersebut dengan cara menjualnya melalui lelang oleh Pejabat Lelang Kelas II.
Strategic Challenges: Integrating Marketing Management and Public Policy in Investments in Indonesia Leading up to the 2024 Presidential Election Frans Sudirjo; Loso Judijanto; Siska Armawati Sufa; Didik Sugeng Widiarto; Iwan Joko Prasetyo
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.v24i1.5943

Abstract

The 2024 Presidential Election in Indonesia is expected to significantly influence the country's investment climate, creating a complex interplay between marketing management strategies and public policy. This study aims to explore the strategic challenges involved in integrating marketing management with public policy, particularly in the context of investment decisions leading up to the election. By utilizing NVivo for qualitative data analysis, this research examines key factors such as governmental policy shifts, investor perceptions, and marketing strategies employed by businesses to adapt to the evolving political landscape. Data was collected from interviews with policymakers, marketing experts, and investors, along with analysis of official documents and media reports. The findings reveal that the integration of marketing management and public policy faces significant obstacles, including regulatory uncertainty and the politicization of investment strategies. These challenges not only affect corporate decision-making but also influence broader economic trends. The study concludes by offering insights into how businesses and policymakers can better align their strategies to foster a more stable investment environment, particularly during periods of political transition. The research contributes to the growing body of literature on the intersection of marketing, policy, and investment in emerging markets.
Human Rights in the Grip of Cultural Relativism: A Critical Examination of Policies and Challenges in Indonesia John Sinartha Wolo; Bayu Dwi Anggono; Al Khanif; Ahmad Basarah
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.v24i1.5944

Abstract

This paper examines the universal values of human rights and their contradictions within the context of advancing human rights in Indonesia. The Universal Declaration of Human Rights (UDHR) emphasizes the importance of universally respecting human dignity. However, Indonesia, as a country rich in culture and religion, often faces challenges in applying these universal human rights values, particularly when state policies prioritize local cultural considerations over the universal dimension of HR. One example is the prohibition of interfaith marriages, which shows that religious and cultural values still serve as the primary basis in human rights policies in Indonesia. Indonesia is a nation with strong cultural and religious richness, influencing various aspects of life, including state policies related to human rights. Although the UDHR stresses the importance of universal human rights implementation, in practice, Indonesia often experiences tension between these universal values and local values rooted in tradition and religion. This study aims to explore how universal human rights values confront cultural relativism in the Indonesian context, seeking common ground between the two to strengthen the advancement of HR in the country. This study is conducted through an in-depth analysis of literature and relevant scholarly references. The research finds that there is significant tension between human rights universalism and cultural relativism in Indonesia. However, these two approaches have the potential to collaborate and complement each other, with universalism providing a strong normative framework and cultural relativism offering relevant and acceptable local context. These findings are significant as they offer a new perspective in understanding the dynamics of human rights in Indonesia. By considering and integrating these two approaches, human rights policies in Indonesia can be more responsive to local realities without sacrificing fundamental universal principles
The Independence of Journalism in Medan: Challenges and Realities in Performing Journalistic Duties Taufik Wal Hidayat; Ilma Saakinah Tamsil; Selamat Riadi; Khairullah
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.v24i1.5949

Abstract

Working as a journalist has a routine that is basically a need for information that the public wants. The routine that is carried out does not recognize any time and conditions, in other words, it must always be standby / ready to do coverage. However, most people think that the job of a journalist looks relaxed and easy-going because it is not bound by a schedule like most people in the office. But actually, the work of journalists is very demanding and risky. The work of journalists every day, regardless of time, place and conditions, is directly related to the nine principles of journalism, one of which is the fourth principle which states that journalists must maintain independence in their journalistic duties. The purpose of this study is to analyze the independence of journalists in carrying out their journalistic duties in Medan City. This research uses descriptive method with qualitative approach. The research was conducted in Medan City for 5 months using data collection techniques namely observation, interviews, and documentation. The conclusion of the research related to the application of journalists' independence in carrying out journalistic duties in Medan City is that it cannot be fully realized, due to many conflicts of interest.
Administrative Law Approaches to Corruption Control: A Systematic Literature Review on Strategies in Developing and Developed Countries Israyudin, Riyan; Rudita, Laode
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.v24i1.5951

Abstract

Corruption remains a persistent challenge worldwide, manifesting differently in developing and developed countries. While developing nations struggle with systemic corruption due to weak institutional frameworks and limited administrative oversight, developed countries face more sophisticated forms, such as regulatory capture and lobbying. This study systematically reviews administrative law approaches to corruption control, comparing strategies across different governance contexts. Using a Systematic Literature Review (SLR) guided by the PRISMA framework, this research analyzes existing literature to identify key administrative mechanisms for mitigating corruption. The findings highlight that developing countries require stronger regulatory enforcement and institutional reforms, while developed nations must enhance transparency in policymaking and lobbying regulations. Additionally, international cooperation and emerging technologies are crucial in addressing corruption globally. The study concludes that effective anti-corruption strategies must be adaptable to contextual administrative and legal challenges. The insights provided contribute to refining administrative law policies aimed at fostering accountability and integrity in governance.
Stakeholder Participation in Waste Management Communication Dhini Ardianti; Uud Wahyudin; Herlina Agustin; Ute Lies Siti Khadijah
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.v24i1.5957

Abstract

This study explores stakeholder participation in waste management communication in Bandung City, which frequently faces waste emergencies. Despite the government's implementation of various waste management programs, the issue remains unresolved. Effective waste management requires active collaboration among all stakeholders, including government agencies, non-governmental organizations, media, and community leaders. Using a constructivist paradigm with a qualitative case study approach, this research examines the roles of government entities (Bandung City Environment Agency, PD. Kebersihan, and Bapelitbang), non-governmental actors (Forum Bandung Juara Bebas Sampah/BJBS, including environmental activists, academics, and business representatives), as well as media and community leaders. Informants were purposively selected based on their involvement in waste management efforts. Findings reveal that collaboration occurs between the government, legislators, and grassroots environmental activist groups, such as BJBS, which directly engages in waste management initiatives. However, from a pentahelix collaboration perspective, effective communication requires greater involvement of mass media, both conventional and digital. Currently, waste management communication relies mainly on social media accounts with limited reach, such as Humas Bandung, Dinas Lingkungan Hidup Kota Bandung, and Forum BJBS. This limited engagement hinders public awareness and participation. To achieve a sustainable solution, public involvement and awareness must be strengthened, ensuring that waste management is a shared responsibility rather than solely the government's duty.
Administrative Defects in Land Registration and Cancellation in the Perspective of Legal Justice Muin, Fatkhul
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.v24i1.5959

Abstract

This research issue relates to land ownership as a function of the state to provide legal certainty to the community. Land registration as a procedure for land ownership is inseparable from efforts to protect the rights of every citizen to obtain land through various processes, therefore land ownership procedures must be fulfilled by every citizen, so as not to give birth to administrative defects in land ownership. Cancellation of land certificates based on article 29 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 21 of 2020 concerning Handling and Settlement of Land Cases, that one of which can cancel land certificates due to administrative defects in land registration. This research focuses on administrative defects and cancellation of land certificates, using a legal approach in this analysis.
Preserving Indonesia's Unity Through The Law Based On Bhineka Tunggal Ika Soeleman Djaiz Baranyanan; Muhammad Irham; Iqbal Taufik; Hendrik Salmon; Sherlock Halmes Lekipiouw
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.v24i1.5977

Abstract

Based on positive law, which applies in Indonesia,decentralization has "chosen" to give up some of itsauthority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of2014 uses a residual system when determining what is the authority of local governments. With the residualsystem, the central authorities have been clearly defined in advance, while the rest are autonomous regions.Therefore, authority in the health sector has become an autonomous regional government authority, becausethat authority is not determined as the authority of the central government. On the one hand this benefits thelocal government, because by using its authority, the regional government can regulate the health sectoraccording to its aspirations and capabilities. This research was approached in terms of legal science, bothat the dogmatic level, legal theory, and legal philosophy.In this study also used a normative legal approach orlibrary law, namely legal research conducted by examining library materials or secondary data.Normative legal research or literature includes research on semantic law, research on the degree of vertical andhorizontal synchronization, comparison of law and history of law. Research on legal principles is carriedout by interpreting the legal norms formulated in laws and regulations relating to local government inIndonesia. Based on this research study, it can be concluded that in terms of law and policy as well as thescope of authority of regional governments that support regional autonomy in the health sector, it is still unclearand inconsistent in the description of the functions and authority of regional governments in the health sector
The Inaccuracy of the General Election Organizers in Determining the Pair Yusak Yaluwo and Yakob Waremba as Candidates for Regent and Deputy Regent of Boven Digoel Regency Hasugian, Marudut
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.v24i1.5979

Abstract

This study aims to identify the requirements set by law for regional head candidate pairs and the problems related to the determination of Yusak Yaluwo and Yakob Waremba in the election of the regent and vice regent of Boven Digoel Regency. This method is known as normative juridical. In this legal research, law is defined either as a statute that is stipulated or as a rule or norm that is a standard of human behavior that is considered appropriate. Law Number 1 of 2015 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law in the Regulation of the General Election Commission of the Republic of Indonesia stipulates the requirements that must be met by regional head candidate pairs in the regional head election. In addition, the problem related to the determination of Yusak Yaluwo and Yakob Weremba as candidates for regent and vice regent of Boven Digoel Regency is related to the trial of Violation of the Code of Ethics of Election Organizers against the Boven Digoel Regency KPU, Boven Digoel Regency Bawaslu, and members of the Papua Province KPU. In addition, the Lawsuit for Dispute over the Results of the Boven Digoel Regent and Vice Regent Election has been decided by the Constitutional Court to disqualify Candidate Pair Number 4 (four) on behalf of Yusak Yaluwo and Yakob Weremba.

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