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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 1,613 Documents
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Comparative Analysis of the Implementation of Small-Scale Government Cooperation with Business Entities (KPBU): A Comparative Study between Indonesia and South Korea in the Perspective of Efficiency, Regulation, and Sustainability Kurdi, Kurdi; Amalia, Prita; Wardhana, Yuki Mahardhito Adhitya
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.v24i1.5947

Abstract

Public-Private Partnership (PPP) is a common scheme used in infrastructure development in Indonesia, with the main legal basis in Presidential Regulation Number 38 of 2015 and its derivative regulations, such as Regulation of the Minister of PPN/Head of Bappenas Number 7 of 2023. Although this regulation provides legal certainty, the implementation of Small-Scale PPP still faces obstacles, especially in the clarity of project boundaries, variations in financing methods, and immature evaluation mechanisms. This study aims to analyze the implementation of Small-Scale PPP in Indonesia through a comparative study with South Korea, which has clearer and more flexible regulations and more varied financing options, including the Build-Transfer-Lease (BTL) scheme. Using normative legal methods through a comparative approach, legislation, and conceptual, this study identifies differences in PPP regulations and practices in the two countries to evaluate the effectiveness of the policies implemented. The results of this study are expected to provide recommendations for updating PPP regulations in Indonesia in order to increase legal certainty, regulatory effectiveness, and investment attractiveness in a Small-Scale PPP scheme that is more stable and has more legal certainty
A PERSPECTIVE OF DIGITAL ACCOUNTING AND DIGITAL LITERACY ON FINANCIAL STATEMENT PREPARATION IN THE CONTEXT OF LAW NO. 18/2019: PERSPECTIVE OF DIGITAL ACCOUNTING AND DIGITAL LITERACY ON FINANCIAL STATEMENT PREPARATION IN THE CONTEXT OF LAW NO. 18/2019 hary pribadi, tegar; Sri Wahyuni, Endah; Alfiyan
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.v24i1.5948

Abstract

Several Islamic boarding schools (pesantren) have established and rapidly developed MSMEs. This study was conducted at the Al-Bismi Islamic Boarding School Association. The objective of this research is to analyze the influence of digital accounting and digital literacy on the preparation of financial statements in MSME Al-Bismi. This study employs an explanatory research approach. It is a quantitative study that tests hypotheses using Partial Least Squares (PLS). The research subjects include the Islamic boarding school administrators and students managing the pesantren-owned MSMEs. The variables examined in this study are digital accounting, digital literacy, and financial statement preparation. The findings indicate that partially digital accounting influences financial statement preparation, and digital literacy also has an impact on financial statement preparation. It is known that not all caregivers of Islamic boarding schools fully understand the regulations governing these laws. However, the majority of students majoring in accounting comprehend and support the regulations by enhancing their accounting competencies. Additionally, students from non-accounting majors also support these regulations and are committed to developing the business ventures of the Islamic boarding schools.
Electronic Government Policy Implementation in Public Services in Tangerang District, Banten Province Atmaja, Soma; Ilham, Muh.; Achmad, Mansyur; Azikin, Andi
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.v24i1.5954

Abstract

The author focuses on the implementation of e-government policies on online licensing services in the form of the Online Single Submission (OSS) and sipinter application. The aim of this research was to discover and evaluate how e-government policies are put into practice and to introduce a fresh approach for implementing these policies in public services in the licensing sector at DPMPTSP Tangerang Regency. The study employed a qualitative research method with a descriptive approach and an inductive strategy based on Edward III's theory. Different methods for collecting data include conducting interviews, observing, and documenting information. The results show that the implementation of egovernment policies in the Tangerang Regency DPMPTSP through the Online Single Submission (OSS) and sipinter application each has its own advantages and disadvantages. In terms of communication and resources, it has been going well, but there are some things that need to be improved in terms of disposition and bureaucratic structure. The implementation of e-government policies at DPMPTSP Tangerang Regency has been going well but there are several obstacles that must be addressed to optimise online licensing services through a new model of sipinter.
Equity-Based Crowdfunding in The Scheme Of Share Offering as an Expansion of The Categorization of Capital Market Activities: Implications and Orientation Tuhana
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.v24i1.5955

Abstract

The development of equity-based crowdfunding has become an expansion of the categorization of the capital market by fintech companies, potentially offering applications that function to connect owners with start-ups or Small and Medium Enterprises (SMEs) that need a capital injection. Problems arise when various regulations in Indonesia do not specifically address equity-based crowdfunding. This research aims to analyze the legal implications of the suboptimal regulation of equity-based crowdfunding, particularly in legislation, and how the future regulatory orientation relates to equity-based crowdfunding. This research is a normative legal study that emphasizes a conceptual and legislative approach. The research findings emphasize that the regulation of equity-based crowdfunding in Indonesia related to the capital market still does not provide clear legal certainty. This activity has not yet been detailed in the law, resulting in legal uncertainty that can harm investors and entrepreneurs. The ongoing practices are not yet equipped with regulations on accountability, transparency, and adequate legal protection. This also hinders small and medium-sized enterprises' access to crowdfunding platforms that can expand networks and technology. Therefore, more comprehensive regulations are needed, including technical and procedural regulations, the establishment of an independent regulatory body, licensing regulations for platforms, and strict supervision to protect investors and entrepreneurs. With these measures, it is hoped that equity-based crowdfunding practices can develop safely and efficiently in Indonesia
Qualitative Approach to Human Rights Protection in the Context of Corporate Social Responsibility (CSR) Fatmawati A Rahman; Andi Kasmawati; Jasruddin; Rifdan; A Fadel Muhammad
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.v24i1.5956

Abstract

This study aims to examine the implementation of Corporate Social Responsibility (CSR) policies based on Human Rights (HR) in large companies, as well as the challenges faced in their implementation. Although many companies claim to have CSR policies that prioritize HR principles, this study finds a significant gap between the written policies and the practices on the ground. The findings indicate that while these policies are outlined in annual reports or corporate policies, their implementation is often hindered by internal and external factors, such as weak oversight, cultural resistance, and the misalignment between the company's financial goals and its commitment to HR protection. This study also identifies that companies tend to focus more on short-term profits, which results in CSR policies based on HR often becoming a mere formality with no significant impact on workers and communities. Based on these findings, the study suggests the need for improved internal and external oversight, better resource allocation, and the adaptation of policies to the local social and cultural context so that CSR policies based on HR can be implemented more effectively. This study provides important contributions to understanding the challenges companies face in implementing CSR policies based on HR and offers practical recommendations to improve their implementation on the ground
Concept of Simple Proof of Bankruptcy and PKPU Cases for Apartment and Flat Developers Based on SEMA Number 3 of 2023 Anam, Putra Adibil
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.v24i1.5966

Abstract

This study aims to determine the formulation of SEMA 3/2023 which states that apartment and flat developers cannot be declared bankrupt because they do not meet the simple evidentiary elements regulated in Article 8 paragraph (4) of the Kepailitan dan PKPU, and how it impacts justice and legal certainty for consumers who act as concurrent creditors. The formulation of the problem is how is the concept of a bankruptcy petition against apartment developers who do not meet the simple evidentiary requirements based on SEMA 3/2023? and, what are the implications for justice and legal certainty for creditors (consumers) if there are limitations on simple evidentiary requirements in SEMA 3/2023? This type of research is normative law with a statutory regulatory approach method. The results of this study are, first, SEMA 3/2023 emphasizes that a bankruptcy petition against apartment and flat developers does not meet the simple evidentiary elements because in practice it is not clear about the type of debt in the case. Second, with the existence of SEMA 3/2023, it is actually a legal breakthrough to guarantee justice and legal certainty for consumers who occupy concurrent creditors. This is considered because consumers are often harmed when developers experience financial difficulties or fail to fulfill their obligations. With the existence of SEMA 3/2023, it can be ensured that consumer interests remain protected.
Enhancing Vasectomy Adoption in Surabaya Through Multimodal Strategies in Accordance with Government Regulation No. 87 of 2014 Hilda Yunita Wono
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

Abstract

Vasectomy, a permanent contraceptive method for men, has historically seen low adoption rates in Indonesia, particularly in Surabaya. To address this, the Indonesian government implemented Regulation No. 87 of 2014, aiming to enhance vasectomy adoption through various strategies. This study examines the effectiveness of these multimodal strategies in increasing vasectomy uptake in Surabaya. This research aims to explore how government regulation and associated multimodal strategies have influenced the adoption rates of vasectomy in Surabaya, identifying key factors that contribute to their effectiveness. Utilizing a qualitative research design, this study conducted in-depth interviews and focus group discussions with healthcare providers, policy makers, and men who have undergone vasectomy. Thematic analysis was employed to interpret the data, providing insights into the perceptions, challenges, and facilitators related to vasectomy adoption. The study found that the integration of educational campaigns, financial incentives, and improved healthcare services significantly influenced the decision-making process of men considering vasectomy. Moreover, cultural attitudes and misconceptions about vasectomy were identified as substantial barriers. The role of healthcare providers in counseling and disseminating accurate information emerged as crucial in overcoming these barriers. The implementation of multimodal strategies under Government Regulation No. 87 of 2014 has positively impacted vasectomy adoption in Surabaya. However, continuous efforts in education and cultural sensitization are necessary to sustain and further enhance these adoption rates. Future research should focus on long-term outcomes and the replication of these strategies in other regions.
Online Business Ethics Violations: The Unspoken Danger Behind Medan‎ City' Digital Screens Kholil, Ahmad; Tarigan, Azhari Akmal; Nasution, Muhammad Syukri Albani
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.v24i1.5969

Abstract

The phenomenon of online business in Medan City is growing rapidly, but it is accompanied by various‎ violations of business ethics that harm consumers and reduce public trust. ‎This research aims to analyze the forms of online business ethics violations, the factors‎ causing them, and their impact on the digital trade ecosystem. Using a qualitative‎ approach through case studies, data was collected from in-depth interviews with business‎ actors, consumers, and sharia economic experts. The results identified various‎ forms of violations such as price manipulation, data misuse, and fraudulent practices. ‎The main factors that trigger violations include weak regulations, low digital literacy,‎ and unfair business competition. The resulting impacts include a decline in‎ consumer confidence and a slowdown in the development of the digital economy. The novelty of this‎ research lies in the integration of the perspectives of business actors, consumers, and sharia economic experts in‎ understanding the dynamics of online business ethics violations in Medan City.‎
Towards a Sustainable Halal Ecosystem: Regulators' Perspectives in the Era of Mandatory Halal Certification 2026 Ismail, Ismail; Soemitra, Andri; Nawawi, Zuhrinal M.; Tarigan, Azhari Akmal
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 examines stakeholder perspectives on the mandatory halal certification requirement for Small and Medium Enterprises (SMEs) in North Sumatra, which will take effect in 2026. The core issue explored is how this obligation presents both opportunities and challenges in enhancing the competitiveness of SMEs. The study aims to identify barriers, solutions, and cross-sector collaborations in the implementation of halal certification. This research employs a qualitative descriptive approach, utilizing in-depth interviews with informants from government bodies, academia, and SME assistance institutions. The findings indicate that halal certification contributes to increased consumer trust and strengthens SME competitiveness. However, significant challenges remain, including high certification costs, complex procedures, and a lack of awareness campaigns. Proposed innovations include simplifying certification procedures, government subsidies, and technical training and assistance. This study updates the existing literature by highlighting the role of cooperative agencies and SME assistance institutions in the halal supply chain, which has previously received limited attention. In this context, cross-sector collaboration and flexible policies are essential to overcoming the challenges faced by SMEs, ensuring inclusive access to halal certification, and enhancing global competitiveness.‎
Implementation of Presidential Instruction Number 1 Of 2022 in Transfer of Land Rights Nevy, Tiara
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.v24i1.5972

Abstract

According to Presidential Instruction Number 1 of 2022 concerning Optimising the Implementation of the National Health Insurance Program, which aims to optimise the implementation of a Guarantee program, there will be additional requirements in 2022 for transferring ownership rights to land and flat units, specifically the possession of an active BPJS membership card. Since these policy regulations are actually not statutory requirements, this causes individuals to consider the legal force surrounding this issue. The research methodology used in this study was normative legal research, and qualitative data analysis was the data analysis technique used. If we look at the data that has been taken, it can be seen that the Presidential Instruction issued by President Joko Widodo has been quite successful in optimizing existing health programs in Indonesia. It can be seen that there has been quite a significant increase if seen according to the numbers which increase over time.

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