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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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LEGAL PROTECTION FOR PROSPECTIVE NEW SHAREHOLDERS FOR THE PLAN TO ACQUIRE THE BANKRUPT COMPANY PT SRITEX IN A STATE OF BANKRUPTCY Serlika Aprita; Rio Adhitya; Evi Purnama Wati
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.v24i1.6028

Abstract

Company Limited is subject independent law.Regulation about company limited in a way general set up in Constitution Number 40 of 2007 Concerning Limited Liability Companies . Formation arrangement special regarding this Company because of For can protect interest holder shares and creditors , as well as other related parties as well as interest company That Alone specifically if company in condition bankrupt . Example case real investor losses due to bankruptcy is PT Sri Rejeki Isman Tbk , or more known as Sritex , one of the company textile the largest in Indonesia, in terms of official stop its operation on Saturday , March 1 , 2025. One of the effort rescue company that is do restructuring company through plan acquisition . Research This use method normative nature descriptive analytical . Prioritize secondary data that is strengthened with primary data, then analyzed in a way legal qualitative. Protection law to potential investors in plan acquisition company PT. Sritex can done through various ways , such as : (a) Arrange protection law for holder share minority ; (b) Regulate acquisition in Constitution Number 40 of 2007 concerning Limited Liability Companies ; and (c) Providing right to holder shares that are not agree plan acquisition For request company buy share with reasonable price , Protection law for investors also can done via : Require openness information , Prevent practice market manipulation , Crackdown firm perpetrator violation .
The Influence of Professionalism and Achievement Motivation on the Performance of Junior High School Teachers in Binjai City Wahyuni Kesuma; Mesiono; Sakholid Nasution; Selamat Pasaribu
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.v24i1.6044

Abstract

This study aims to find out: the influence of professionalism on teacher performance; the influence of professionalism on achievement motivation; the influence of achievement motivation on teacher performance; and The simultaneous influence of professionalism and achievement motivation on teacher performance. This study uses a quantitative method with the subject of the study being kindergarten teachers in Binjai City with a population of 549 and a sample of 231 people. Sampling was carried out with total sampling. The research method is a path analysis that aims to test theories and obtain research information. The results of this study are presented: 1) there is a direct influence between professionalism and teacher performance with a correlation coefficient of rX2X4 = 0.075. The effective contribution given by the professionalism variable to teacher performance is 7.5%. 2) there is a direct influence between professionalism and achievement motivation with a correlation coefficient rX2X3 = 0.811. The effective contribution given by the professionalism variable to achievement motivation was 8.1%. 3) there was a direct effect between achievement motivation and teacher performance with a correlation coefficient of rX3X4 = 0.001. The effective contribution given by the achievement motivation variable to teacher performance is 1%. 4) there was a simultaneous influence between organizational climate, professionalism, and achievement motivation on teacher performance with a correlation coefficient of rX1X2X3X4 = 0.092. The effective contribution given by the variables of organizational climate, professionalism and achievement motivation to teacher performance was 9.2%.
Evaluation of Entrepreneurship-Based Link and Match Program with CIPP Model for Vocational High School Students: Legal Communication Study Desy Ariani; Mesiono; Mardianto
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.v24i1.6045

Abstract

The link and match program is designed to bridge the gap between the world of education and the world of work through the development of children's entrepreneurial competencies. This study aims to determine the planning, implementation, supervision, and evaluation of the entrepreneurship-based link and match program at TKIT Insan Adzkia Marelan. The place or location of this research is at TKIT Insan Adzkia Marelan located in Tanah Enam Ratus, Kec. Medan Marelan, Medan City, North Sumatra. The research was conducted for five months starting from August 5, 2024-December 20, 2024. This study used a qualitative method with the research subjects being the principal and teachers. Data collection techniques were carried out through observation, interviews, questionnaires, and documentation. Data analysis was carried out through data reduction, data presentation, as well as drawing conclusions and verification. The results of the study showed that program planning includes entrepreneurship development, theoretical and practical learning, improving soft skills, and expanding networks with the business world. Program implementation is carried out through curriculum integration, mentoring of teachers and industry partners, project-based learning, internships, and competency certification. Supervision is carried out with the right methods, technology-based monitoring, and collaboration with industry partners. Evaluation of the link and match program: Ensuring the effectiveness of the program from the government and the industrial world, identifying the strengths and weaknesses of the program, improving program implementation, strengthening relations with DU/DI, absorption of graduates into DU/DI, evaluation of all link and match programs.
ANALYSIS OF THE ERADICATION OF CORRUPTION IN INDONESIA: CHALLENGES AND EFFECTIVENESS OF REVERSING THE BURDEN OF PROOF Lasmin Alfies Sihombing; Yeni Nuraeni
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.v24i1.6046

Abstract

Corruption in Indonesia is a serious problem that not only results in significant financial losses, but also has the potential to destroy social, economic, and democratic stability. Corruption has become a systematic crime, causing state losses of trillions of rupiah every year. This study aims to analyze various factors that affect the increase in corruption cases and the effectiveness of legal policies in eradicating them. Using a normative juridical approach, this study examines applicable regulations, including Law Number 20 of 2001 which regulates the reversal of the burden of proof in corruption cases. This study found that the implementation of a reverse evidentiary system can speed up the legal process and help uncover the material truth. However, the main challenges in eradicating corruption are low law enforcement, a permissive culture of law violations, and incompatibility of the law with the dynamics in the field. Therefore, periodic evaluation of regulations, strengthening the integrity of law enforcement officials, and strict supervision of the state budget are necessary. It is hoped that with these steps, efforts to eradicate corruption in Indonesia can be more optimal and have a positive impact on people's welfare.
Procedure For Determining The Receipt Of Life Insurance Benefits Sofyan Mei Utama; Endang Pujiastuti; Isni Rubiantini; Mas Putra Zeno Januarsyah; Asep Suryadi; Emma Dysmala 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.v24i1.6049

Abstract

The background of this research is that there are differences in assessing insurance funds as joint property or as separate ownership rights by the beneficiary listed in the policy. The purpose of this study was to analyze the procedure for determining the receipt of life insurance benefits. The research method chosen was using empirical juridical research methods and descriptive analytical research approaches, by analyzing the judge's decision on the application for dispute resolution regarding Sharia Insurance, Islamic Inheritance Law, in a religious court. The results of this study indicate that; the procedure for determining the receipt of life insurance benefits, namely the insured can provide life insurance for a third party or for himself, so in life insurance there are the insurer, the insured and a third party, namely the person who receives the benefit (beneficiary) from the insured in the form of the rights and obligations of each - each of these parties.
INDIGENOUS INDIGENOUS PEOPLES AND THEIR LEGAL POSITION IN THE OMNIBUS LAW ON JOB CREATION: The Nature Of Indigenous Peoples Muhammad Hatta Roma Tampubolon
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.v24i1.6052

Abstract

Indigenous peoples attach customary rights to themselves, namely rights owned by a legal alliance (such as Lipu, Boya, Ngata, Banua, etc.), where the citizens of the community (the legal alliance) has the right to control the land, the implementation of which is regulated by the head of the guild (the chief/village head concerned). Based on this right, the customary rights of indigenous peoples are basic rights inherent in the life of these people that are not a gift from the state. It is the same with the basic rights inherent in every human being, for example the right to life, which is not a gift of the state. Its legal position in the Job Creation Law which has the Character of omnibus law through juridical studies with a philosophical approach, conceptual approach, and a statutory approach. The right of indigenous peoples which is essentially the right to the value of justice and welfare value to the use of natural resources of indigenous peoples who not yet the maximum expected in the job creation law can provide justice and welfare for indigenous peoples over exploited customary territories. The logical consequence of the global trend and the strengthening of the ideology of neo-liberalism today is the emergence of a critique of the state welfare system that is seen as no longer appropriately applied as an approach in development of a country. The state welfare system is undergoing reformulation and adjustment in line with the demands of change, but it is very wrong to assume that the welfare of the state has met the end of its history. Therefore, the central government and local governments together with indigenous peoples to be able to open up and work hard to invite investors to invest in the regions and its territory, as the spirit of the job creation law, because the existence of investment strongly supports the running of the economy, but still pays attention to the rights of the MHA, namely: Rights on Land and Natural Resources (Customary Forests), The Right to Culture, The Right To Self-Determination, The Right To Free, Prior, Informed, Consend (FPIC).
Legal Protection for Teachers from The Threat of Criminal Acts of Assault Against Students in The Teaching And Learning Process At Schools Laxmi Mahavira Nitisari; Faizin Sulistio; Bambang Sugiri
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.v24i1.6054

Abstract

Legal protection for teachers in facing the threat of criminal acts of violence against students during the learning process at school is becoming an increasingly crucial issue. Teachers have a primary role in guiding and educating students, but in practice they often face a dilemma between enforcing discipline and the risk of criminalization for disciplinary actions. This study aims to analyze the form of legal protection for teachers accused of committing acts of violence against students and to identify the factors causing the accusations and strategies for preventing them. This study uses a normative legal approach with a descriptive method based on literature studies. The main data sources include laws and regulations such as Law Number 14 of 2005 concerning Teachers and Lecturers, the Child Protection Law, and regulations related to the juvenile criminal justice system. The results of the study show that although teachers have the authority to impose sanctions on student disciplinary violations, lack of communication often causes disciplinary actions to be misinterpreted as a form of violence. Factors contributing to the emergence of accusations of violence include psychological differences in students, the character and teaching methods of teachers, imbalances in power relations in the education system, and different cultural norms in society in interpreting discipline. As a protection effort, more specific regulations are needed, strong legal advocacy through teacher professional organizations, and synergy with law enforcement officers. Legal awareness for teachers is also an important factor in avoiding actions that can be categorized as violations of the law. With clear legal protection and support from various parties, it is hoped that teachers can carry out their duties professionally without fear or undue pressure.
Analysis of Classification Society Service Quality Impact on Customer Loyalty Through Co-Creation, Co-Production in Shipbuilding Projects Arifin Gustian Pramoko; Eric Harianto Eric Harianto
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.v24i1.6055

Abstract

This study investigates the impact of classification societies on customer loyalty in Indonesia's shipbuilding industry, focusing on service quality, co-creation, and co-production. Classification societies establish and enforce technical standards for ship design, construction, and operation. The research evaluates how service quality influences customer loyalty, mediated by co-creation and co-production. A quantitative approach was applied, collecting data from 200 customers of PT. Biro Klasifikasi Indonesia (BKI) and analyzing it using Partial Least Squares Structural Equation Modeling (PLS-SEM). The findings indicate a significant positive relationship between service quality and customer loyalty, with co-production exerting a stronger influence than co-creation. The study underscores the importance of effective collaboration and high-quality services in fostering trust and satisfaction. It offers valuable insights for classification societies to enhance strategies, particularly in providing responsive and reliable services.
Juridical Review on the Support of Inheritance Rights in the Perspective of Compilation of Islamic Law Muhammad Andri; Nur Fareha
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.v23i2.6059

Abstract

Innovations in land registration, such as electronic land rights and certificates, aim to enhance the quality of land services. In Indonesia, digital transformation has driven the government to reform land services, notably through Law No. 11 of 2020 on Job Creation. Article 147 stipulates that land rights, property rights to flats, management rights, and related documents may be in electronic form. This regulation is implemented through Ministerial Regulation No. 1 of 2021 on Electronic Certificates and Ministerial Regulation No. 3 of 2023 on Issuing Electronic Documents in Land Registration. This study examines the legal certainty of electronic land certificates as proof of ownership and the legal protection of electronic land ownership data. A normative juridical approach is employed, utilizing qualitative descriptive research based on primary and secondary legal materials collected through literature study. The data analysis method processes legal materials to address formulated legal issues qualitatively and descriptively. The findings indicate: (1) Electronic land certificates qualify as electronic evidence with the same legal standing as traditional paper documents. (2) Legal protection for electronic land ownership data includes: (a) Preventive legal protection, ensuring personal data security through obligations imposed on the Electronic System Operator—specifically, the Minister of Agrarian and Spatial Planning/National Land Agency (ASP/HNLA)—to safeguard public data confidentiality. (b) Repressive legal protection, allowing affected individuals to file lawsuits against the government in case of data breaches.
Substantive Justice for Indigenous Peoples through the Application of the Principle of Free Prior and Informed Consent (Comparison of Indonesia and Philippines) Rahmi Jasim; Hengki Andora
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.v24i1.6062

Abstract

In order to protect the rights of indigenous peoples in Indonesia and the Philippines, this study aims to examine the connection between substantive justice and the FPIC framework. Since Indonesia has not officially adopted Free, Prior, and Informed Consent (FPIC), there is a major difference between the two countries' legal systems in this respect. On top of that, it's a part of the Philippines' Indigenous Peoples' Rights Act (IPRA). Methods used in the study include conceptual frameworks, legal philosophy, comparative procedures, comparative approaches to policy and law, and normative (doctrinal) approaches to analysis. In spite of difficulties, the Philippines demonstrates a more thorough application of FPIC, but the results reveal that Indonesia's implementation is shallow and does not effectively protect the rights of indigenous groups. Separate bodies, such as the National Commission for the Rights and Protection of Indigenous Peoples (KNHPMA), should be established in Indonesia so that FPIC may be formally incorporated into laws, according to the paper. By fully integrating FPIC in Indonesia, we may achieve equity, inclusivity, and sustainable development based on respect for local knowledge. This might reduce agricultural disputes and improve the protection of indigenous peoples' human rights.

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