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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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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 Riyan Israyudin; Laode Rudita
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 Fatkhul Muin
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 Marudut Hasugian
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.
CLIMATE CHANGE LITIGATION IN INDONESIA: CORPORATE LIABILITY AND STATE RESPONSIBILITY AS CLIMATE CHANGE MITIGATION TO SUPPORT SUSTAINABLE DEVELOPMENT GOALS Ni Wayan Wirawati; Soeparto Wijoyo; Agus Yudha Hernoko
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.v24i1.5981

Abstract

Global climate change due to environmental damage departed from an understanding on the anthropocentrism perspective onenvironment making human beings the center of everything on earth and thereby exploiting the natural resource as much as possible. The unwise exploitation of land in Indonesia results in forest or land fire exerting the effect of globalwarming leading to global climate change and endangering the life, particularly the fulfillment of human rights to good andhealthy living environment. Corporate liability and state responsibility are two important points in addressing the climate change in Indonesia. Indonesia has been committed to contributing to addressing climate change by ratifying an international agreement, Paris Agreement, to reduce greenhouse gas emission and to actively prevent climate change. The enforcement of environmental law through litigation is carried out using various mechanisms for filing environmental lawsuit to demand compensation for economic and ecological losses and restoration of environmental damage against corporation
Strategies for Accelerating MSME Financing Distribution at Bank Aceh in Compliance with Aceh Qanun No. 11 of 2018 Irvan Murizal; Andri Soemitra; Nur Ahmadi bi Rahmani
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.v24i1.5995

Abstract

After the issuance of Qanun Aceh Number 11 of 2018 concerning the Development of MSMEs (Article 60‎ paragraph 4), the Islamic financial system in Aceh Province has undergone a transformation, including Bank‎ Aceh, whose target for MSME distribution has reached 40%, but distribution is still 14.53%, so‎ the purpose of this article is to find out the strategic model for accelerating MSME financing‎ of Bank Aceh Syariah in achieving Qanun 11 of 2018. This research methodology‎ uses a qualitative approach to experts with Intepretative Structural‎ Modeling (ISM). The results show that the right strategy to accelerate‎ MSME financing in achieving Qanun No. 11 can be realized with ISM analysis‎ there are several conditions that need to be strengthened to support Bank Aceh's goals in‎ accelerating MSME financing in accordance with Qanun No. 11 of 2018. The results‎ explore strategies to accelerate the distribution of MSME financing at Bank Aceh in‎ order to fulfill Aceh Qanun No. 11 of 2018. This research analyzes four‎ key elements: needs, constraints, institutions involved, and effectiveness. From the‎ needs element, the main focus is on improving financing accessibility which includes‎ providing clear information and training for MSME actors. The constraints element‎ identifies the issue of unbankable MSMEs, i.e. business actors who do not meet‎ the requirements to obtain financing due to lack of documentation or collateral. ‎‎In terms of institutions involved, local governments play an important role in creating an enabling environment for MSMEs through policies and development programs. ‎‎Finally, effectiveness is measured through the increase in the number of MSMEs that successfully obtain financing and its impact on economic growth in Aceh. ‎
The Urgency Of Establishing Independent State Institutions In The State System In Indonesia Hadi Karyono; Retno Mawarini S
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.v24i1.3613

Abstract

The essence of this research is to examine the urgency of establishing various independent state institutions in the constitutional system in Indonesia, as well as their correlation in achieving state goals. The method in this research uses normative juridical research (studiPustaka) which is research that examines document studies using various secondary data such as statutory regulations, court decisions, legal theory, and can be the opinions of scholars. Meanwhile, the research type is descriptive qualitative. The results of the research show that the formation of state institutions in the constitutional system in post-reform Indonesia has seen a lot of growth and decline in independent state institutions, this is greatly influenced by the power holders, and also depends on the legal basis for the formation of these state institutions, especially independent state institutions whose regulations are under the law. After the reform, the formation of independent state institutions occurred through Laws/Perpu, Presidential Regulations, Government Regulations and other government regulations with different names. State institutional arrangements that do not have strong legitimacy result in independent state institutions being easily dissolved

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