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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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THE FREEDOM OF CONTRACT PRINCIPLE IN CONTRACT OF EMPLOYMENT Agus, Dede; Rohani, Aceng Asnawi; Jaelani, Achmad; Jasitisia, Mentari; Jaya, Beni Prawira Candra
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.v24i1.5976

Abstract

This study aims to examine the application of the principle of freedom of contract within employment contracts. The employment contract serves as the foundational agreement between an employee and an employer. As a type of contract, the employment contract inherently adheres to the principle of freedom of contract. This research employs a normative juridical method, utilizing secondary data and descriptive qualitative analysis. The findings indicate that while the principle of freedom of contract applies to employment contracts, its scope is limited by specific material and formal requirements outlined in Law No. 13 of 2003 concerning Manpower. The principle functions effectively when both parties possess equal bargaining power; however, when there is a disparity, such as the unequal socio-economic status between the employer and the employee, the principle’s application may be hindered, potentially disadvantaging the employee.
Law Enforcement Problems Against Account Buying and Selling Cases in Money Laundering in Indonesia Sabrudin, Wahyu Sabrudin; Eddy, Triono; Mansar, Adi
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.v24i1.5983

Abstract

There are many modes of money laundering with the aim of obscuring the origin of money from criminal acts so that the law is often lagging behind, regulating the dynamics of the modes that emerge, one of which is buying and selling accounts in money laundering crimes so that there are problems in law enforcement. The research method used is normative juridical. The results of the study show that the urgency of regulating the mode of buying and selling accounts for money laundering crimes can strengthen the law enforcement process.
PROBLEMATICS OF LEGAL SYSTEM PROVISION OF HEALTH SERVICES FOR THE COMMUNITY IN THE PERSPECTIV Harisman, Harisman; Arfa, Faisar Ananda; Panjaitan, Budi Sastra
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.v24i1.5986

Abstract

This study discusses the problems of the legal system in the implementation of health services for the community in Indonesia. The main focus of this study is on the discrepancy between the applicable regulations and the implementation, which has an impact on the non-optimal health services. Factors such as weak coordination between agencies, limited human resources and health facilities, and lack of supervision over the implementation of regulations are the main obstacles. The research method used is a normative juridical approach by reviewing laws and regulations. The results of the study show the need for regulatory harmonization and strengthening of the supervision system to ensure fair and equitable health services. In addition, improving the quality of human resources and health infrastructure is a crucial factor in realizing optimal health services.
Progressive Legal Approach In The Reconstruction Of Criminal Sanctions For Corporations Involved In Corruption Nurohim, 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.v24i1.5988

Abstract

Corruption crimes committed by corporations have become a serious threat to the economy and public trust. The research method used is normative juridical with an approach to laws and regulations, concepts, and cases. The results of the study show that criminal sanctions for corporations are still formalistic and lack a deterrent effect. However, the corporate criminal sanctions system in corruption cases still has various weaknesses, one of which is the lack of an optimal state financial recovery mechanism. In many cases, even though companies are sentenced to fines, the funds from corruption that have been misused are not fully refundable. This is due to several factors, such as weak regulations related to asset recovery, difficulty in tracking the flow of funds that have been laundered, the length of the legal process, and the abuse of legal procedures by corrupt actors. This weakness has a direct impact on increasing state losses, weakening the deterrent effect for corporations, and decreasing public trust in the legal system. To address this problem, stricter legal reforms are needed in terms of asset seizure and recovery, increased international cooperation in tracking corruption proceeds, and the use of technology in financial investigations. By strengthening the state's financial recovery mechanism, it is hoped that corruption in the corporate sector can be suppressed more effectively, and state finances can be restored optimally
STAB Maitreyawira Alumni's Perception of Buddhist Business Law (Case Study of Alumni of the Buddhist Religious Education Study Program) Rida Jelita; Hosan; Irawati; Yadi Sutikno; Suryati
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.v24i1.5994

Abstract

Alumni of the Buddhist Religious Education Study Program (PKB) STAB Maitreyawira are spread across various places, with various jobs, for example, some become Educators/Teachers, religious instructors, civil servants, and self-employed/entrepreneurs, and so on. The focus of this study is to analyze the perception/understanding of PKB Study Program alumni regarding the principles of business law in Buddhist teachings, the application of moral values in business law practices, and the factors that influence them in applying these principles in the world of work. This study aims to analyze the perceptions of PKB Study Program alumni STAB Maitreyawira towards the concept of Buddhist business law and the factors that influence them in applying these principles in the world of work. The research method used is a qualitative approach. The study results show that PKB Study Program alumni STAB Maitreyawira have a positive perception of Buddhist business law and strive to apply it in the world of work. However, various factors influence the implementation of these values. Namely, internal factors include: Psychological Needs, Educational Background, Experience factors, Good looking values (attractive) and Self-confidence, and external factors include: Buddhist Business Law Material during Lectures, Economic Conditions, Technology, and Digital. Therefore, it is necessary to strengthen Buddhist business law in the curriculum and support from the Alumni community in building a business environment based on moral and ethical values
Implementation of Legal Protection in Preventing Brand Coffering in The SME’s Sector dasuki, eni
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.v24i1.6005

Abstract

Small and Medium Enterprises (SME’s) are highly susceptible to the risks posed by counterfeiting and unauthorized utilization of brands, akin to their larger counterparts. Primarily, the challenges encountered, particularly by SME’s, stem from a lack of comprehensive comprehension regarding the essence of a brand and the repercussions of counterfeiting. Brand infringement typically transpires in environments of intense business rivalry within the product domain. The primary objective of this study is to explore the legal safeguards available for brands and strategies aimed at enhancing brand resilience. The employed methodology in this study encompasses normative juridical inquiry and interviews conducted with four SME’s. The findings underscore that legal protection may be actualized through (1) fostering self-awareness among SMEs, (2) furnishing them with appropriate counsel and direction, and (3) facilitating the registration process, whether individually or collectively.
Analysis of Corruption Crimes In the Islamic Perspective bachri, syamsul
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.v24i1.6006

Abstract

This study analyzes the effectiveness of criminalizing corruption in an effort to restore state financial losses. Corruption not only damages the integrity of the government system but also causes huge losses to the country's finances which negativelyimpacts economic and social development. This study examines criminal law policies in Indonesia related tocorruption, including the application of criminal sanctions in the form of imprisonment, fines, and assetconfiscation as an effort to recover state losses. The method used in this study is a literature study andjuridical analysis of anti-corruption laws, especially Law No. 31 of 1999 jo. Law No. 20 of 2001. In addition,this study highlights the importance of harmonization of national law with international law to make it easierto track corruption assets abroad and the need to increase the capacity of law enforcement officials sothat criminal justice runs effectively. With the results of the return of state losses in corruption crimes inIndonesia, it is comprehensively regulated to ensure that the state recovers some or all of the financiallosses incurred. Sanctions in the form of fines, return of losses, and confiscation of assets are the maininstruments applied. In addition, cross-agency cooperation and international coordination also playan important role in supporting the optimization of loss rest. The capacity of law enforcement officialsneeds to be improved, including training in asset tracking and handling of complex cases to make thelegal process run professionally
Legal Position of Business Competition Law in the Perspective of Legal Certainty in Indonesia: A Normative Study of Law No. 5 of 1999 Post-Omnibus Law Mohammad Reza; M. Hawin; Sirait, Ningrum Natasya
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.v24i1.6010

Abstract

This study aims to analyze the legal position of business competition law within Indonesia’s legal system following amendments introduced by the Omnibus Law, as well as its implications for legal certainty in competition case resolution. This research employs a normative legal method through legislative, conceptual, and case approaches. The findings indicate that Law No. 5 of 1999, after being amended by the Omnibus Law, places competition law within the administrative non-criminal legal framework, yet still leaves several legal uncertainties, particularly regarding the authority of the Business Competition Supervisory Commission (KPPU) in conducting investigations. These uncertainties result in inconsistencies in law enforcement and overlaps with other legal systems. This study recommends a comprehensive procedural framework for business competition law, reinforcing KPPU’s position as an auxiliary state institution with full authority over administrative investigations, along with improvements in evidence mechanisms.
Management Policy For Changes In The Semester Credit System (SKS) Superior Service Program in MAN 1 Medan and MAN 3 Medan: A Study Of Public Service Law Asrul Nasution; Nurussakinah Daulay; Amiruddin Siahaan
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.v24i1.6017

Abstract

This study aims to analyze the change management policy in the Semester Credit System (SKS) flagship service program at MAN 1 Medan and MAN 3 Medan from the perspective of public service law. This study uses a multi-site study approach with locations at MAN 1 Medan, Jl. Willem Iskandar No. 7 B Medan, and MAN 3 Medan, Jl. Pertahanan, Kel. Timbang Deli, Medan Amplas District. Data collection techniques include observation, interviews, questionnaires, and documentation. Data analysis was carried out in two stages, namely, analysis in a single case and cross-case analysis. The results of the study indicate that change management planning at MAN 1 and MAN 3 Medan involved various parties, comprehensive plan adjustments, and gradual changes with improvements in facilities and human resources. The implementation of change management includes teacher and student collaboration, curriculum adjustments, and training and socialization. The evaluation at MAN 1 Medan focused on leadership, teachers, and curriculum revision, while at MAN 3 Medan, the evaluation emphasized the evaluation of technology facilities, socialization, and curriculum. From the perspective of public service law, MAN 1 and MAN 3 Medan have implemented legal principles in the implementation of education. This study provides insight into the effectiveness of change management policies in the SKS program and its implications for improving the quality of educational services in madrasas.
The Implications of Government Disobedience in Carrying Out Constitutional Court Decision No. 45/PUU-IX/2011 on Forest Areas Zainal Arifin, Muhamad; Salman, Radian
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.v24i1.6021

Abstract

The implications of Constitutional Court Decision No. 45/PUU-IX/2011 resulted in the determination of forest areas as the legal basis for forest areas. Forest areas in the designation stage can no longer serve as a foundation for legal authority. Since the Forestry Law became law, the Decree on the Designation of Forest Areas across Indonesia has been changed. This means the legal reason for designating forest areas under the Transitional Provisions of Article 81 of the Forestry Law is no longer valid. The Government continues to use the Decree on the Designation of Forest Areas as a foundation for convicting individuals, imposing administrative penalties, restricting civil rights, and issuing permits. The Government's noncompliance with the Constitutional Court Decision infringes upon individuals' constitutional rights and results in environmental degradation due to the lack of oversight in forested regions. This research is normative juridical research (doctrinal research)

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