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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 1,718 Documents
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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
Legal Protection For Creators For Plagiarism Of Derivative Copyright Works According To Law Number 28 Of 2014 Concerning Copyright I Gede Feldika Dwiana; Cokorde Istri Dian Laksmi Dewi
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.v24i1.4493

Abstract

This investigates points to decide the part of law in ensuring subordinate works and how the legitimate system directs their security. As well as what is the part of the institution or office of the Directorate Common of Mental Property Rights in dealing with cases of copyright encroachment related to subsidiaries. This inquire about employments a regulating juridical approach. The sort of information utilized is auxiliary information. The comes about of this inquire about relate to the legitimate assurance of subordinate works, the shapes and cases of which are objects that are not clearly controlled within the Copyright Law. These isolated or isolated security arrangements are not clarified assist, coming about in legitimate vulnerability with respect to how subsidiary works are ensured. The part of the Institution and the Directorate Common of Mental Property Rights in taking care of cases of copyright encroachment related to subsidiary works is exceptionally critical, particularly in settling debate between the parties included within the copyright encroachmentTRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian //  TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//   This page is in English Translate to Indonesian    AfrikaansAlbanianAmharicArabicArmenianAzerbaijaniBengaliBulgarianCatalanCroatianCzechDanishDutchEnglishEstonianFinnishFrenchGermanGreekGujaratiHaitian CreoleHebrewHindiHungarianIcelandicIndonesianItalianJapaneseKannadaKazakhKhmerKoreanKurdish (Kurmanji)LaoLatvianLithuanianMalagasyMalayMalayalamMalteseMaoriMarathiMyanmar (Burmese)NepaliNorwegianPashtoPersianPolishPortuguesePunjabiRomanianRussianSamoanSimplified ChineseSlovakSlovenianSpanishSwedishTamilTeluguThaiTraditional ChineseTurkishUkrainianUrduVietnameseWelsh Always translate English to IndonesianPRO Never translate English Never translate jurnal.unikal.ac.id
Market Dynamics: the Impact of Modern Mini Markets on the Existence of Traditional Shops and Markets in Bantul District Nikko Budiman; Leli Joko Suryono; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4920

Abstract

This research discusses the impact of modern minimarkets on traditional shops and markets in Bantul Regency. Traditional markets in Indonesia face quite big challenges due to the emergence of minimarkets, which offer various advantages such as strategic locations, parking facilities, affordable prices, and better service. This research uses a juridical method with secondary data analysis and interviews with related parties. The research results show that modern minimarkets significantly reduce the turnover and number of customers of traditional retail stores. Government policies regulating the distance and zoning of minimarkets, as regulated in Bantul Regent Regulation Number 12 of 2010, have yet to be fully effective in protecting the existence of traditional markets. This study recommends policy revisions and capital and training support for conventional shop owners to create fairer and more sustainable business competition. Collaborative efforts between the government and business actors are needed to maintain the balance of the retail ecosystem and support local economic growth.

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