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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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Analysis of the Implementation of Public-Private Partnership (PPP) for the Lhok Guci Project from the Perspective of Environmental Law and Spatial Planning Kurdi Kurdi; Cut Zulfahnur Syafitri
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.v24i1.4671

Abstract

Indonesia, as a developing country, continually strives to improve the quality of life and prosperity of its people by enhancing various aspects ranging from health to economics. However, these efforts are hindered by inadequate infrastructure, which is crucial for the smooth distribution and implementation of government plans, thus impacting the overall standard of living and prosperity. Infrastructure needs in Indonesia can be categorized into economic and social infrastructure. Social infrastructure pertains to facilities designed to meet basic human needs, such as education and healthcare services, while economic infrastructure facilitates economic activities within a region, including roads and ports. Financing these infrastructural developments is a challenge, often necessitating innovative approaches like the KPBU scheme, where public-private partnerships play a significant role. The KPBU scheme has been instrumental in Indonesia's infrastructure development, as seen in projects like the Lhok Guci Irrigation System in Aceh Barat, Aceh Province. However, challenges arise, particularly concerning land acquisition and environmental compliance. The KPBU's success depends on adhering to environmental, social, and governance (ESG) principles, ensuring energy efficiency, gender equality, human rights protection, and legal compliance. Analyzing the Lhok Guci project within the ESG framework reveals its alignment with environmental goals and legal regulations. While land acquisition remains an issue, planned actions ensure compliance and minimal legal repercussions. Effective implementation strategies, such as thorough planning, environmental assessments, and legal approvals, are essential for successful KPBU projects.In conclusion, the KPBU model, when executed with environmental and legal considerations, can be successful in Indonesia, as demonstrated by the Lhok Guci project. Adhering to ESG principles and legal frameworks ensures responsible infrastructure development and mitigates potential challenges.
Various factors such as social conditions, revenge, greed, and psychological problems can encourage a person to commit a criminal act, including premeditated murder regulated in Article 340 of the Indonesian Criminal Code. This qualitative research with a Jetro - Manurung; Muhammad - Gagarin Akbar; Muhamad - Abas
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.v24i1.4932

Abstract

Various factors such as social conditions, revenge, greed, and psychological problems can encourage a person to commit a criminal act, including premeditated murder regulated in Article 340 of the Indonesian Criminal Code. This qualitative research with a normative fiqh approach examines the causative factors, their relation to the theory of moral development, and the handling of the perpetrators. The results show that the motivation for premeditated murder is still at the preconventional stage of moral development, including punishment orientation and self-interest. Comprehensive handling efforts include early prevention, legal assistance, strengthening the justice system, inter-agency cooperation, rehabilitation, supervision of ex-convicts, victim protection, psychological counseling, international cooperation, law enforcement, and increasing public awareness, with the aim of preventing, handling, and rehabilitating perpetrators and protecting the public.
Restorative Justice Paradigm Shift based on Perma No. 1 of 2024 to Realize Victim Recovery and Criminal Accountability Siva Rizkia Adimu; Deny - Guntara; Muhamad - Abas
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.v24i1.4933

Abstract

Restorative Justice is considered an appropriate formulation to take into account the circumstances of victims of criminal acts which in the criminal justice system are usually considered to be only oriented towards criminalizing the perpetrators of the crime. The problem in this article focuses on the restorative provisions in Perma No.1/2024 concerning guidelines for trying criminal cases according to restorative justice, and the shift in the paradigm of restorative justice in Indonesia. The method in the following research is to use normative legal research, by analyzing the provisions related to restorative justice. The results of the research and discussion explain that the idea of restorative justice in Perma No.1/2024 explains that restorative justice is carried out with the intention of restoring victims and does not aim to eliminate criminal responsibility carried out in the form of a judge's or court decision. The next research result is the shift in the paradigm of restorative justice in Indonesia, which was originally through Police Regulation No. 8/2021 concerning Handling of Criminal Acts Based on Restorative Justice and Prosecutor's Regulation Number 15 of 2021 concerning Termination of Prosecution Based on Restorative Justice, restorative justice is considered a mechanism for terminating cases, which according to the author can cause problems for both victims and for the interests of the law itself, so the implementation of restorative justice should be in accordance with Perma Number 1 of 2024 which has shifted its paradigm not only as a victim's recovery by not eliminating criminal liability through a decision, not terminating the case.
Analysis of Breach of Contract Resolution in the cooperation agreement between Dr. Noesmir Baturaja Hospital and BPJS Kesehatan Hengki Irawan; Risti Dwi Ramasari
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.v23i2.5046

Abstract

Universal health coverage (UHC) remains a challenge for many countries worldwide. Achieving UHC is also one of the sustainable development goals (SDGs), which stipulates for good health and well-being. Indonesia’s health coverage program, the National Health Insurance (JKN) program, is administered by the Healthcare and Social Security Agency (BPJS Kesehatan). National health insurance (JKN) is a social security program that administered by the Healthcare and Social Security Organizing Agency (BPJS Kesehatan). BPJS Kesehatan in implementing its program requires hospital as health facility providers. BPJS Kesehatan cooperation agreement with dr. Noesmir Baturaja Hospital will be analyzed. How was the cooperation agreement between dr. Noesmir Baturaja Hospital and BPJS Kesehatan in Prabumulih branch. What efforts were made by dr. Noesmir Baturaja Hospital and BPJS Kesehatan in overcoming breach of contract in the health insurance cooperation agreement? The research method was normative juridical and empirical juridical. The data were primary and secondary. Data was analyzed by qualitative legal analysis. Research and debate showed that cooperation agreement between BPJS Kesehatan and dr. Noesmir Baturaja Hospital did not include medical licensed (SIP). in the 2017-2018 Manuscript of Cooperation Agreement (PKS), resulting breach of contract. Previously, dr. Noesmir Baturaja Hospital has obtained approval from District Government Health Office and BPJS Kesehatan verification that doctor could work outside working hours. However, BPJS Kesehatan stipulated dr. Noesmir Baturaja Hospital must return all BPJS Kesehatan claim payments to resolve the breach of contract dispute. There has been a breach of contract between dr. Noesmir Baturaja Hospital and BPJS Kesehatan, and dr. Noesmir Baturaja Hospital has the right to demand justice, Government regulations and policies must be evaluated and changed to maintain equality in the cooperation agreement between BPJS Kesehatan and Hospital
Normative Analysis of Freedom of Speech in Indonesia According to Positivism Theory Reviewed from the Perspective of Legal Philosophy Deny - Guntara
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.v24i1.5050

Abstract

This study analyzes the implementation of freedom of speech in Indonesia within the framework of legal positivism theory, especially Hans Kelsen's perspective. Freedom of speech, which is guaranteed by the 1945 Constitution, is often limited by laws such as the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP) which function to maintain public order and protect the rights of other individuals. This research method uses a normative legal approach with an analysis of laws and regulations, legal literature, and official documents. The results of the study show that the application of the positivism theory, which separates law from morality and emphasizes strict application of rules, often ignores the legal hierarchy that places the 1945 Constitution as the highest law. This results in law enforcement that tends to be rigid and less adaptive to dynamic social and political contexts, and can reduce the effectiveness of human rights protection, especially in the context of freedom of speech. This approach provides legal certainty but creates a mismatch between legal practice and constitutional principles and international standards.
CERTAINTY OF LEGAL PROTECTION FOR VICTIMS OF SEXUAL HARASSMENT AGAINST INDONESIAN MIGRANT WORKERS REVIEWED FROM ILO CONVENTION NO. 190 OF 2019 ON VIOLENCE AND HARASSMENT IN THE WORKPLACE Muhammad - Abas
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.v24i1.5051

Abstract

Indonesia is one of the countries that sends many migrant workers abroad, migrant workers who in Indonesia are also called TKI (Tenaga Kerja Indonesia). The problems experienced by Indonesian migrant workers abroad are a form of human rights violations that are a form of modern slavery. Slavery is often associated with human trafficking, because it leads to physical or sexual exploitation for the benefit of an individual or group. In the case of Kartika Puspitasari, an Indonesian migrant worker who was beaten and burned by her former employer in Hong Kong finally managed to get compensation of more than $ 110,000 or equivalent to Rp1.66 billion. The torture that befell the 40-year-old migrant worker made headlines a decade ago. The case sparked calls from related parties to provide better protection for migrant workers . Kartika’s employer was sentenced and imprisoned in 2013. By reviewing the role of the Indonesian government in the case experienced by Kartika Puspitasari, we can see that the government has an important responsibility to protect the rights of Indonesian migrant workers who are victims of sexual harassment in the workplace, in accordance with the provisions contained in ILO Convention No. 190/2019.
Public Management Importation Control Activities from The Perspective of Good Governance Alfi Haris Wanto; Yusuf Efendi
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.v24i1.5181

Abstract

One of the functions of customs and excise is as a community protector that aims to protect the public from importing dangerous goods into Indonesia. On the other hand, customs as a government institution is closely related to public services because one of the government's responsibilities is to provide services to stakeholders/society. Supervisory activities carried out by customs and excise as a function of the community protector are closely related to public services. Therefore, the principles of good governance must be applied in supervisory activities. This paper aims to analyze the supervision activities carried out by Customs and Excise based on the principles of good governance. The type of research used in this research is qualitative research, which uses interviews, observation, and documentation. Based on the research results, the supervision activities carried out by the Customs and Excise Intelligence Analyst have not fully implemented good governance, especially in transparency, responsiveness, consensus-oriented, equity inclusiveness, effectiveness, and efficiency.
The Debtor's Void Claims Against the Debtor's Obstacles of Achievement are Disclaimed with Forcess Majeure Yeni Triana
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.v24i1.5732

Abstract

The purpose of this research is to analyze when the debtor is unable to carry out what has been agreed, not because of the debtor's own fault, the obstruction to achievement is caused by an unexpected event, a forceful situation, causing the debtor to be unable to perform, and what are the legal consequences? Due to the debtor's actions, the creditor uses his right to sue the debtor, namely breach of contract. The research method used is a type of normative legal research by analyzing legislative, jurisprudential and doctrinal approaches, as well as cases that occur, where the theory used in analyzing is the theory of good faith, pacta sunt servanda. The results of this research illustrate the legal consequences of debtors being hindered due to compelling force majeure. external research as teaching material in contract law lectures, for students and the interested public
Principle of Beneficial Owner in Corporate Crime Muhammad Saleh; Abdul Jabar Rahim; arifai
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.v24i1.5879

Abstract

This study aims to analyze the application of the principle of beneficial owners in corporate crimes in Indonesia. The background of this research focuses on the challenges of identifying beneficial owners within corporate structures that are often used to commit crimes, including money laundering and corruption. The method used is normative legal research with a juridical approach, where data is collected from laws and regulations and case studies. The results show that although the principle of beneficial owners has been regulated in positive law, its implementation is still not effective. This is due to a lack of understanding and compliance from corporations as well as weaknesses in supervision by the relevant authorities. This study recommends the need for reforms in regulations and increased supervisory capacity to ensure that beneficial owners can be identified and held legally accountable in cases of corporate crimes.
The Urgency Of Regulating Elements Of Community Participation In The Toll Road Investment Process In Indonesia simon simon; Triono Eddy; ramlan ramlan
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.v24i1.5984

Abstract

The development of toll road infrastructure in Indonesia is one of the national priorities to support economic growth and mobility. However, the success of this project depends not only on government and investor policies, but also on the active participation of the community. Public participation in toll road investment can increase transparency, accountability, and project sustainability. This study aims to examine the urgency of regulating elements of community participation in the toll road investment process in Indonesia. The research method used is normative juridical with an approach to analyzing laws and regulations and case studies. The results of the study show that clearer and more comprehensive public participation arrangements are needed to create an inclusive and sustainable investment environment. The arrangement must include a public consultation mechanism, information transparency, and protection of the rights of affected communities. Thus, community participation not only strengthens the legitimacy of the project, but also contributes to the long-term success of infrastructure development in Indonesia.

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