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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.
Arjuna Subject : -
Articles 1,653 Documents
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Efforts to Optimize the Management of Regional Wealth in an Effort to Increase Regional Original Income Ahmad Yasir Lubis; Triono Eddy; Farid Wajdi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The condition of BUMN is one step ahead compared to the business activities carried out by BUMD. Another problem lies in the Human Resources (HR) and management of BUMD management. The relatively small share of the Regional Company's profit as one of the sources of regional PAD is that most of its businesses are relatively medium and small scale, in addition to many of which have not been organized based on the principles of the company's economy, but are relatively more based on considerations of public serviceIn a limited liability company, shares owned by an individual or legal entity provide rights in the form of dividends to him as regulated in Article 52 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies. In order to realize these conditions, ideally the construction of BUMD is directed to be in the form of a corporation. In order to manage BUMD in the form of a corporation, it can adopt the concept of managing state-owned companies under the auspices of the Ministry of BUMN which has implemented Good Corporate Governance in its management. In order to realize Good Corporate Governance in BUMD, a good governance structure is needed. Governance Structure or termed governance structure can be interpreted as a framework in an organization to apply various principles so that these principles can be shared, implemented and controlled. Specifically, the governance structure must be designed to support the running of organizational activities in a responsible and controlled manner
Legal Liability of Health Care Facilities for Leakage of Patient Electronic Medical Records Adi Herisasono
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.v24i1.5880

Abstract

Electronic medical record (EMR) data breaches have become an increasingly significant issue in healthcare, as the use of digital technology for patient data management rises. EMRs provide healthcare professionals with faster and more efficient access to patient information. However, this convenience also introduces the risk of data breaches, which could harm patients. This article aims to explore the legal responsibilities of healthcare facilities in managing EMR data breaches and the consequences resulting from such breaches. The research employs a qualitative approach and literature review, analyzing various legal regulations, legislation, and case studies of data breaches. The findings indicate that while legal protections exist, there are still significant challenges in implementing effective data security systems in healthcare facilities. Therefore, enhancing oversight, security systems, and legal awareness among stakeholders is essential to prevent data breaches that could cause significant harm to multiple parties.
Implementation Of Medan Mayor Regulation Number 18 Of 2021 On The Delegation Of Partial Waste Management Authority To Sub-District Heads Within The Medan City Government In Medan Helvetia Sub-District Syahrazad; Syafruddin Ritonga; Adam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Medan Mayor Regulation Number 18 of 2021 provides a legal basis for delegating partial waste management authority to sub-district heads within the Medan City Government. The purpose of this regulation is to enhance the effectiveness of waste management at the sub-district level by empowering sub-districts as waste managers who are closer to the community. The implementation of this regulation in Medan Helvetia Sub-District faces various supporting and inhibiting factors. The supporting factors identified include the proximity between the sub-district and the community, participatory programs involving the community in cleanliness activities, and close coordination between the village heads and the sub-district administration. Participatory programs such as communal work (gotong royong) and waste management education have proven effective in raising public awareness about the importance of environmental cleanliness. However, several challenges hinder the implementation of this policy, including overlapping responsibilities between the sub-district and the Medan City Environmental Agency, budget and facility constraints, and the lack of an effective coordination mechanism among stakeholders. To overcome these obstacles, it is necessary to improve coordination between the sub-district and the Environmental Agency, develop more innovative cleanliness programs, and optimize existing resources. Additionally, active community participation is crucial to ensuring the successful implementation of this policy. By optimizing all involved elements, the implementation of Medan Mayor Regulation Number 18 of 2021 in Medan Helvetia Sub-District is expected to create a cleaner and healthier environment and serve as a model for other sub-districts in Medan City.
Expression of Traditional Knowledge in Lingual Units Puger Fishermen's Community, Jember: Antropolinguistic Review Akhmad Dzukaul Fuad; Anang Santoso; Yuni Pratiwi; Roekhan Roekhan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This research aims to identify and describe the form of local knowledge reflected in language, which is manifested in the lingual units used in speech. Anthropolinguistics is an appropriate method for identifying the correlation between language and the cognitive and knowledge systems possessed by the Puger fishermen community. Lingual units in speech become a database as they become a means of storing, perpetuating and passing on a society's cognitive and knowledge systems. Ethnographic analysis of communication is used to obtain the socio-cultural contextuality behind the speech in the Puger fishermen community. The contextuality behind the birth of speech can provide appropriate ethnosemantic meaning in accordance with the socio-cultural perspective of the community. Ethnosemantic meaning produces a classification system that shows the ability of Puger fishermen to recognize patterns of change and determine patterns of natural phenomena that occur. This classification system is the basis for determining the form of local knowledge of the community. Based on the analysis of lingual data in speech, lingual units were obtained in the form of nouns and verbs in speech which describe the close correlation and intensity of their interaction with the sea. Local knowledge of Puger fishermen can be identified in the form of 1) knowledge about waves, 2) knowledge about water, 3) knowledge about fishing gear, and 4) knowledge about fishing techniques. Mastery of these knowledge determines accuracy and speed in making decisions to safeguard and maintain the continuity of their lives.
An Analysis of Medical Dispute Resolution in Cases Of Medical Personnel Negligence From an Administrative Law Perspective Sagala Parluhutan; Erni Rianti Hardjoko; Lianawati Lianawati; Maulidina Kurniawati; Ahmad Jaeni; Arief Fahmi Lubis
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.v24i1.5896

Abstract

Hospital service standards are closely linked to a hospital’s ability to provide healthcare services following its qualifications. This study aims to demonstrate how declining public trust in doctors has led to rising lawsuits, often associated with perceived failures in medical treatment. This qualitative research employs a descriptive approach to systematically and factually collect data promptly based on the conditions during the study. The findings indicate that doctors who commit medical negligence can be held legally accountable through both professional and non-professional institutions. Furthermore, non-professional dispute resolution can occur outside the court (non-litigation) or within the court system (litigation).
Reconstruction of Tax Case Investigations to Avoid Business Crimes Based on Legal Certainty Siti Holija Harahap; Adi Mansar; Triono Eddy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Based on the tax revenue report submitted by the Minister of Finance, it is necessary to improve professionalism in managing state finances, especially when related to taxation. In addition to professionalism, supervision also needs to be improved, both preventive and repressive, to prevent deviations or abuse of office in managing state finances, especially related to tax management. The criminal law policy in the field of taxation in the future should be in line with the principle of criminal taxation, "that criminal sanctions in taxation are Ultimum Remidium, meaning that in enforcing violations of tax law, administrative sanctions are prioritized, while the application of criminal sanctions is carried out if the methods used are no longer effective in making Taxpayers comply with tax provisions. The form of handling criminal acts in the field of taxation by the Directorate General of Taxes in the future developments is intended to change criminal taxation as a general act that is included as an independent crime (independent crimes), it should be done carefully and thought out carefully, it may be able to increase state revenue from the tax sector effectively and efficiently, but it can disrupt the aspect of legal justice for taxpayers and at the same time the legal rights of Taxpayers (society) as a whole. This is because the use of funds sourced from Taxpayer funds is not effective and efficient in achieving the desired development goals
Constitutional and Gender Critique of the Implementation of Aceh’s Qanun: Between Sharia Regulations and the Restriction of Women’s Rights Gandhi Liyorba Indra; Fathul Mu’in
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.v24i1.5912

Abstract

This study aims to provide a constitutional critique of the implementation of qanun in Aceh from the perspectives of the constitution and gender. During its formulation process, the community expressed a desire for Sharia values to be incorporated into the qanun governing the lives of Acehnese people. However, its implementation has the potential to restrict women's rights. This study also seeks to contribute to the reformulation of laws that are fair for all. A qualitative approach is employed in this study, with data collected from library research to analyze constitutional and gender critiques of the implementation of Aceh's qanun. From a constitutional perspective, the study finds that the implementation of Aceh's qanun is not entirely aligned with the national constitution, human rights, and the principles of a unitary state. Although Aceh has special autonomy to implement Islamic law, its enforcement must not contradict the principles of equality before the law, freedom of religion, and the protection of human rights. From a gender perspective, while the qanun aims to uphold Islamic values and establish a well-ordered social structure, its implementation often fails to align with gender justice principles, as it restricts women's rights. To achieve justice for all members of society, it is essential to reassess the application of Aceh’s qanun and ensure women's participation in the decision-making process, so that the resulting policies genuinely reflect the needs and rights of all citizens.
The Role of Customary Law in Natural Resource Management in Rural Areas for National Defence and The Preservation of National Sovereignty Irman Putra; Parluhutan Sagala; Ahmad Jaeni; Aref Fahmi Lubis
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.v24i1.5929

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; Ramadhan Putra Gayo
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.

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