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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.
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Articles 1,718 Documents
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NKRI and Bhineka Tunggal Ika: A Constitutional and Futuristic Understanding of Sukarno's Politics Norbertus Antoin Binsasi; Heri Santoso; Agus Wahyudi
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.v24i2.6098

Abstract

Sukarno is known not only as the proclaimer of Indonesia and the originator of Pancasila but also as a national figure who introduced the ideas of NKRI and Bhinneka Tunggal Ika into the Indonesian state system. This study aims to examine the essence and existence of both ideas philosophically and then analyze their relationship, and based on that analysis, predict the future of NKRI: Will Indonesia remain with the unitary ideology (NKRI), or could it change to federalism (RIS State)? By using a philosophical research methodology, this study found: First, although NKRI concerns the form of the state and Bhinneka Tunggal Ika as the motto of the Indonesian State, their essence is the same, namely regarding the political ideology of a modern state: "unity in diversity." With this philosophical ideology, Indonesia, which has a diversity of tribes, customs, languages, and religions, has existed since its founding. Second, the NKRI (unitarism) and the RIS State (federalism) have different constitutional bases. The NKRI is based on the 1945 Constitution, while the RIS State is based on the 1949 RIS Constitution, but their philosophical basis is the same, namely Bhinneka Tunggal Ika. Therefore, in the future, Indonesia can remain a Unitary State and become a Federal State. However, although the form of the Unitary State can change to a Federal State in the future, Bhinneka Tunggal Ika remains valid. This is Sukarno's contribution to the State of Indonesia, past, present, and future.
Legal Analysis of Child Adoption in Indonesia Based on the Child Protection Law and Government Regulation Number 54 of 2007 (Study of Decision Number 269/Pdt.P/2024/PN Smg) Windy Christie; Hening Hapsari Setyorini
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.v23i2.6128

Abstract

This paper analyzes the legal provisions of child adoption in Indonesia in the Child Protection Law and Government Regulation Number 54 of 2007 and its implementation in Decision Number 269/Pdt.P/2024/PN Smg. This paper was compiled using a doctrinal research method. In the process, child adoption must be motivated by the fulfillment of the child's best interests and in accordance with applicable legal procedures. The case study of Decision Number 269/Pdt.P/2024/PN Smg shows the legal implementation of the principles of child protection in child adoption in Indonesia. The applicant has cared for and raised his prospective adopted child since birth, fulfilling the child's physical, emotional, and social needs well. In addition, the Applicant's financial and emotional conditions have also met the applicable requirements, as evidenced by a statement from the Social Service. Overall, this decision provides an illustration that child adoption carried out in accordance with the law can be a solution that provides benefits for all parties, especially for children as the main subject of legal protection.
PERAN KEJAKSAAN NEGERI KARAWANG DALAM UPAYA PREVENTIF MENANGGULANGI TINDAK PIDANA KORUPSI DI KABUPATEN KARAWANG Muhamad Abas; Danang Irwanto; Sartika 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.v24i2.6223

Abstract

Corruption is a serious issue that has a broad impact on economic stability, social structures, and public trust. Karawang Regency, as a region with rapid economic growth, also faces a high risk of corruption. The Karawang District Prosecutor’s Office holds a strategic role in preventive efforts through various educational and supervisory programs. The research problem or main discussion in this study is how the Karawang District Prosecutor’s Office plays a role in preventing corruption crimes and whether the relationship between the legal structure, legal substance, and legal culture can support efforts to prevent corruption by the prosecutor's office. This research is normative legal research with a juridical-normative approach, encompassing statutory and conceptual approaches. The data used are secondary data obtained through literature studies of legislation, prosecutorial policies, and relevant legal literature. Data analysis is carried out descriptively-analytically using legal interpretation techniques and comparative analysis. The research results show that the Karawang District Prosecutor’s Office has implemented various preventive strategies, such as the "Prosecutors Enter Schools" (Jaksa Masuk Sekolah/JMS) Program, the "Prosecutors Guard Villages" (Jaksa Jaga Desa) Program, and the "Prosecutors as Fishermen's Friends" (Jaksa Sahabat Nelayan) Program. In addition, supervision of regional strategic projects is carried out to prevent abuse of authority. However, there are challenges such as limited human resources, lack of coordination between institutions, and low public legal awareness. By strengthening regulations, transparency, and accountability, it is expected that corrupt practices can be minimized and the integrity of government governance can be enhanced
Analysis of the Decision on Consumer Protection for Objections to Sealing kWh Meters Carried Out by PT PLN UIW North Sumatra (Study Decision Number: 428/Pdt.SUS-BPSK/2023/PN-MDN) Sri Hidayani
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.v24i2.6266

Abstract

The problem in this study is focused on how the Legal Regulations on Consumer Protection for Objections to Sealing kWh Meters carried out by the Implementation of P2TL by PT PLN UIW North Sumatra and the Judge's Considerations in consumer protection for objections to sealing kWh meters carried out by the implementation of P2TI by PT PLN UIW North Sumatra (study decision number: 428 / Pdt.Sus-BPSK / 2023 / PN-Mdn). This study aims to determine the Legal Regulations and Judge's Considerations. The research method used in this study is normative juridical, the results of this study indicate that the Legal Regulations are regulated in Article 56 Paragraph 2 of Law Number 8 of 1999 concerning Consumer Protection, Article 5 Paragraph 1 of Perma 1 of 2006 concerning Procedures for Submitting Objections and Article 29 Paragraphs (2) and (3) of Law Number 30 of 2009 concerning Electricity. The Judge's considerations consist of legal considerations, including, granting the Applicant's objection request to cancel the Decision of the Medan City Consumer Dispute Resolution Agency Number 022/Arbitration/2023/BPSK. Mdn Dated May 17, 2023 and stating that the Medan City Consumer Dispute Resolution Agency is not authorized to try this case. And filed an objection to the Medan District Court with Registration Number 428/Pdt.Sus- BPSK/2023/PN Mdn.
LEGALITAS PENGGUNAAN KEKUATAN BERSENJATA OLEH ISRAEL DALAM SENGKETA DENGAN PALESTINA DITINJAU DARI PASAL 51 PIAGAM PBB TENTANG SELF-DEFENSE Thino Bagus Panuntun; Ahmed Hassan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6276

Abstract

The conflict between Harakat al-Muqawamah al-Islamiyyah (HAMAS) and Israel, which peaked on October 7, 2023, has given rise to the dynamics of international legal issues, especially related to international humanitarian law and human rights law. Based on this conflict, the principle of self-defense has become a debate among the international community regarding compliance with the provisions of the UN Charter. In the Charter of the United Nations (UN), the concept of the exercise of the right of self-defense as stipulated in Article 51 of the UN Charter is the basis and justification for Israel to use armed force against the Hamas Group in Palestine. The research method of this writing uses a juridical-normative approach with a statute approach. This approach is used to examine and analyze the legal provisions governing self-defense, especially against the conflict between Hamas and Israel in Palestine. The author will review Israel's actions in carrying out counterattacks against Hamas in Palestine by analyzing elements of Article 51 of the UN Charter, as well as on the basis of cases that have occurred, both resolved through the International Court of Justice and those that have been stopped due to bilateral agreements
The Implementation of Corporate Social and Environmental Responsibility by Palm Oil Plantation Companies Toward the Community : A Case at PT Daya Labuhan Indah Pangkatan Lelisari; Putri Habibah Siregar; Nurlaila Nasution
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.v24i2.6296

Abstract

Corporate social and environmental responsibility is a duty for firms involved in operations concerning natural resources, such as palm oil plantations. The palm oil business is a crucial sector in Indonesia; nonetheless, its sustainability frequently poses environmental and social issues. This study seeks to examine the execution of corporate social responsibility (CSR) by PT Daya Labuhan Indah Pangkatan concerning the environment and local communities, along with the challenges encountered in fulfilling these obligations. The study employs a normative juridical methodology, concentrating on the implementation of legal norms and principles derived from positive law, utilising both statutory and conceptual frameworks. To substantiate this, actual study was undertaken within the company. PT Daya Labuhan Indah Pangkatan executes corporate social responsibility initiatives via environmental greening activities in three villages. Contributions comprise 200 mahogany seedlings, 100 glodokan trees, 100 mango saplings, and 200 hybrid coconut trees. In the education sector, PT Daya Labuhan Indah (Wonosari and Sei Deras estates) supplied landfill support to public junior high schools and contributed decorative stones to a local women's organisation. Furthermore, the corporation constructed two public restrooms and a borewell in adjacent settlements. Nonetheless, the application of CSR remains inconsistent and has yet to be institutionalised. It is conducted freely rather than as a formal requirement. The company continues to depend on its parent organisation, PT Wilmar Group, for corporate social responsibility projects. Significant impediments comprise the view of CSR as a fiscal encumbrance, insufficient allocated resources, lack of organised initiatives for community economic advancement, varying interpretations of CSR, and the belief that CSR is not a global imperative.
Implementation Of The Law Against Playing Victims Who Harm The Police Institution (Case Study Of Percut Sei Tuan Police Station): Implementation Of The Law Against Playing Victims Who Harm The Police Institution (Case Study Of Percut Sei Tuan Police Station) Sugih Ayu Pratitis; ⁠Muslim Harahap; Dearma Sinaga; Mhd. Ansor Lubis; Gerald Elisa Munthe
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.v24i2.6302

Abstract

This research aims to find out about legal regulations related to playing victims who cause harm to other parties, to find out the steps taken by POLRI in dealing with playing victims, and to analyze cases of spreading hoax news by playing victims at Percut Sei Tuan Police Station. By using empirical legal research methods, this research examines the problem by taking examples of real cases that have occurred in the community. Empirical legal research methods study law as actual behavior and unwritten social phenomena, which occur in the midst of community life. Therefore, empirical legal research is also known as sociological legal research. The results showed that positive law in Indonesia does not provide a detailed explanation of the sanctions for playing victim. Such actions can have serious implications and can be punished by various articles in the Criminal Code, for example Article 311 of the Criminal Code, Article 378 of the Criminal Code, and others. The handling of perpetrators who pretend to be victims or known as “playing victim” is part of the responsibility of the National Police in maintaining public order and security.
PROBLEMATIKA UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP TINDAK PIDANA MENYERANG KEHORMATAN DAN NAMA BAIK DIKAITKAN DENGAN KEPASTIAN HUKUM Devi Arviani Arinta; Deny Guntara; Muhamad Abas; Arisa Wongchai
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6305

Abstract

Defamation through electronic media has become an increasingly complex issue amid the rapid development of information technology. Social media facilitates information dissemination but also opens opportunities for the misuse of freedom of expression that may harm others. Article 27A of Law Number 1 of 2024 on Electronic Information and Transactions (EIT Law) has sparked debate due to its ambiguous wording and potential misuse to suppress legitimate criticism. This research employs a normative juridical method by analyzing relevant legislation, legal doctrines, and court decisions. Secondary data were obtained through literature studies and qualitatively analyzed to assess the legal certainty and compatibility of Article 27A with human rights principles, particularly freedom of expression. The findings indicate that Article 27A of the EIT Law remains weak both in its drafting and implementation, especially regarding the phrase "another person," which creates ambiguity and may criminalize public criticism. Such provisions risk being used as a tool of criminalization, contradicting the principle of legal certainty and democratic values guaranteed by the 1945 Constitution. Therefore, a more precise interpretation and revision of Article 27A are necessary to ensure consistency with the principles of legality, legal certainty, and the protection of freedom of expression. .
The losses of state-owned subsidiaries that are equal to state-owned enterprises in the perspective of corruption in indonesia after the third amendment to the law on state-owned enterprises Fauzan Prasetya, Milda Istiqomah, 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.v24i2.6312

Abstract

Indonesia restructures State-Owned Enterprises (SOEs) in the form of a holding company through Government Regulation Number 44 of 2005 in conjunction with Government Regulation Number 72 of 2016 on the Procedures of Participation and Administration of state capital in SOEs and Limited Liability Companies. It is stipulated that the Subsidiaries of SOEs shall be treated in the same way as SOEs in performing public services or obtaining specific policies from the state, including natural resource management with certain treatment as applied to SOEs. This equality of treatment opens the possibility of equal treatment in terms of accountability between SOEs finances and Subsidiaries of State-Owned Enterprises finances. In early February 2025, the Representative Council of the Republic of Indonesia took a strategic step by ratifying the Revised Law on SOEs. There was a new provision that emphasized that SOEs losses were not state losses. The problem is, whether the act against the law by the Board of Directors of a Subsidiaries of SOEs that causes losses to a SOEs are a criminal act of corruption. The method of writing is normative. State finances in the explanation of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on Corruption Eradication constitute all state assets arising from being in the control, management, and accountability of SOEs. Whereas the juridical between SOEs and SOEs is 2 (two) independent limited liability companies which have their own corporate organs as regulated in Law Number 40 of 2007 on Limited Liability Company so that the unlawful acts committed by the Board of Directors of Subsidiaries of SOEs Causing corporate losses is not a criminal act of corruption if it does not meet the criteria stipulated in the Circular of the Supreme Court Number 10 of 2020.
Legal Argumentation for The Resolution of Joint Property Dispute Through Decisions of The Supreme Court of The Republic of Indonesia From a Justice Perspective Muhammad Hizbullah; Zein Achyar; MHd Yadi Harahap
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.v24i2.6321

Abstract

Based on the Supreme Court’s annual reports from 2021 to 2023, there has been a significant increase in cassation-level cases involving joint property disputes. The number rose from 156 cases in 2021 (including remaining cases from 2020) to 167 in 2022, and further to 238 in 2023. This upward trend indicates growing dissatisfaction with the resolution of joint property cases in terms of justice and benefit for the disputing parties. This research aims to analyze the legal argumentation in resolving joint property disputes at the cassation level from a justice perspective, focusing on two Supreme Court decisions: Number 78/K/AK/2021 and Number 298/K/AK/2022. These decisions reveal contrasting interpretations of justice. In case 78/K/AK/2021, the division was 70% to the wife and 30% to the husband, differing from Article 97 of the Compilation of Islamic Law (KHI), which mandates equal distribution. Conversely, case 298/K/AK/2022 upheld a 50:50 division. The study uses a qualitative method with a normative juridical approach, analyzing Supreme Court jurisprudence, relevant positive law, and statutory provisions. Joint property division in Indonesia is governed by the Civil Code, Law No. 1 of 1974, customary law, and KHI, with varying approaches based on legal traditions and societal values. The findings suggest that legal interpretations should consider philosophical, juridical, and social dimensions. Therefore, justice in joint property division may require flexible proportions (e.g., 70:30), rather than a rigid 50:50 split, to reflect each party’s actual contributions and to uphold fairness and benefit for all parties involved.

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