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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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Public Management Importation Control Activities from The Perspective of Good Governance Wanto, Alfi Haris; Efendi, Yusuf
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 Saleh, Muhammad; Jabar Rahim, Abdul; 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; Eddy, Triono; 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 Indonesiais one of the national priorities to support economicgrowth and mobility. However, the success of this projectdepends not only on government and investor policies, butalso on the active participation of the community. Publicparticipation in toll road investment can increasetransparency, accountability, and project sustainability.This study aims to examine the urgency of regulatingelements of community participation in the toll roadinvestment process in Indonesia. The research methodused is normative juridical with an approach to analyzinglaws and regulations and case studies. The results of thestudy show that clearer and more comprehensive publicparticipation arrangements are needed to create aninclusive and sustainable investment environment. Thearrangement must include a public consultationmechanism, information transparency, and protection ofthe rights of affected communities. Thus, communityparticipation not only strengthens the legitimacy of theproject, but also contributes to the long-term success ofinfrastructure development in Indonesia
Dari Aksi Senyap Menuju Kepastian Hukum: Menelaah Tanggapan Pejabat Pemerintah terhadap Permohonan Hak Atas Tanah Berdasarkan Lex Silencio Positivo Harianto, Dani
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.v24i1.5989

Abstract

This study aimed to identify the characteristics of the Governmental Silent Act (Principle of Lex Silencio Positivo) in the land rights application proposed by the Community, to find the legal consequences when the government remains "silent" (Principle of Lex Silencio Positivo) on the land rights application proposed by the Community, and to analyze the construction of norms that provide legal certainty regarding the Silent Act (Principle of Lex Silencio Positivo) by the government in relation to the land rights application submitted by the Community. This study was conducted using a normative legal research method, employing a legislative approach, a conceptual approach, a historical approach, a case approach, and a comparative approach. The results of this study showed that the legal consequences of the Governmental Silent Act on land rights applications lead to uncertainty regarding the status of the land rights proposed by the applicants. This uncertainty results in grievances for the parties affected by the Governmental Silent Act, including the applicants themselves. Furthermore, the legal consequences of the Governmental Silent Act are seen as a violation of the General Principles of Good Governance, as it has caused legal uncertainty over the land rights applications proposed by the applicants. Meanwhile, the decision is an obligation for government officials, as mandated in Article 175 of the Omnibus Law (Cipta Kerja) in conjunction with Article 53 of the Government Administrative Law. The legal consequences of the government's silence also lead to potential material losses for applicants, which include individuals, legal entities, and government institutions with a legal interest in the land rights application.
Strengthening The Presidential System by Simplifying Parliamentary Political Parties By Maximized Parliamentary Threshold Figures Benito; Andryan; Dedi Kurniawan; Rona Asfuzi Rambe
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.v24i1.5992

Abstract

The parliamentary threshold is the minimum vote requirement for political parties in the general election to be included in determining the seats of the DPR-RI in Senayan. Problems arise when the parliamentary threshold is unable to simplify political parties so that it affects the stability of the presidential government. This study aims to determine how the design of the simplification of the parliamentary threshold is in strengthening the presidential system and to determine the relationship between the simplification of political parties and the presidential system. This type of research is normative research that uses secondary data sources. Based on the results of the study, it is known that the parliamentary threshold always changes in every election, starting from the first election to the 2024 election. The design to achieve the goal of simplifying parliamentary political parties to strengthen the presidential system is to increase the parliamentary threshold. Furthermore, there is a relationship between the simplification of political parties and the presidential system. If the number of political parties that win seats in parliament is small, then the presidential system becomes effective and government stability is maintained. However, if the number of parties that exceed the threshold is large, policy making will affect government stability, so that there will be many conflicts of interest, and government stability becomes unstable.
Analysis Of Citizenship Rights And Mixed Marriages Between Rohingya Refugees And Indonesian Citizens (WNI) Mirsa Astuti; Rizka Syafriana; 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.v24i1.5993

Abstract

Indonesia has come under fire at home and abroad for its rejection of Rohingya refugees, making it irresponsible to accept refugees in its territory. There is no clear legal umbrella in Indonesian law for marriage between Indonesian citizens and refugees. This can be seen from the fact that Article 57 of the Marriage Law only regulates marriage between Indonesian citizens and foreigners who have citizenship status, there will also be discussed in this study regarding the mixed marriage status of Rohingya refugees and the legal status of children born from mixed marriages, This research method uses a qualitative approach carried out by collecting data both in initial observations and during the research, Solving the Rohingya problem regarding the legal status of children born from mixed marriage can only be done if all parties have a strong commitment to side with the values of morality and humanity by taking concrete steps in resolving the root of the problem, so that the clarity of the status of mixed marriage can be known.
Dayah Leaders' Perceptions of the Aceh Local Party's Political Communication Methods (Partai Pas Region Lhokseumawe) Yusfriadi Abda; Muntasir A. Kadir; Muhibuddin Alamsyah; Muttaqien
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.v24i1.6014

Abstract

Elections in Indonesia are a political party that is very interesting to study and look forward to because they arise from various aspects and social groups in Indonesia. In Aceh, the intersection between religion and politics is very pronounced, including the Dayah which plays a major role as one of the influential places in Aceh in both fields. It is important to understand how the Dayah leadership views and engages in local parties' political communication methods, which is crucial to understanding the broader socio-political landscape in Aceh. This research investigates the perceptions of Dayah leaders regarding political communication methods used by local Acehnese parties, namely the PAS party in the Lhokseumawe region. Dayah educational institutions which are deeply rooted in Aceh's socio-political landscape also play an important role in shaping public opinion and influencing political dynamics. Through qualitative research methods, this research explores the views of the Dayah leadership and interacts with the political communication strategy of the PAS party in the Lhokseumawe region. This research also highlights the dynamics between religious authority and political involvement in Acehnese society.
From Tradition to Modernity: Transformation of The Practice of Marriage Agreement in Indonesia Budiawan, Afiq; Yahanan, Yahanan
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.v24i1.6022

Abstract

This study aims to analyze the practice of marriage agreements in Indonesia in the perspective of Islamic law and positive law, as well as identify the factors that influence it. The research method used is qualitative with the approach Empirical law, involving interviews with notaries, ministries of the Ministry of Religion, and couples who made a marriage agreement in DKI Jakarta, East Java, Riau, and the Regency/City of Malang. The results showed that marriage agreements in Indonesia are still limited to the separation of assets and are widely carried out by couples with high legal awareness. Factors that influence this practice include economy, education, culture, and modernization. The main recommendation of this research is the need for regulatory renewal in the Marriage and KHI Law so that the marriage agreement can include aspects of the protection of the rights of couples more broadly, as well as further socialization by the Ministry of Religion to change the perception of the community regarding the marriage agreement
Cybercrime and Data Security: The Role of Criminal Law in Coping Digital Threats Ismed, mohamad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Development rapid digital technology has bring benefit big for society, but also improve risk cybercrime, especially related with data security. Various forms of cybercrime such as hacking, phishing, ransomware, and misuse of personal data the more threaten individuals, companies, and institution government. In the context of this, law criminal own role important in give protection and mitigation digital threats through clear regulations and enforcement​ effective law. Research​ This aiming for identify threatening forms of cybercrime data security, analyzing regulation law criminal in handle cybercrime, and evaluate effectiveness enforcement law in to overcome digital threats. The methods used is approach normative legal and empirical with analysis to regulation applicable legislation, studies​ literature, as well as various form weakness regulation based on from observation and interview from stakeholders. Research results This show that law criminal law in Indonesia is still face various challenge in protect data security from crime increasingly cyber​ complex. Although has There is regulation like Constitution Electronic Information and Transactions and Constitution Personal Data Protection, existing rules​ Still fragmented and more focused on security system compared to personal data protection in a way comprehensive. In addition, the limitations capacity apparatus enforcer law, weakness coordination between institutions, less sanctions​ give effect deterrent, and challenge jurisdiction in case cross country increasingly to complicate effort enforcement law. Modus operandi of cybercrime that continues developing, such as phishing, malware, and ransomware, are increasingly increase risk data theft and disturbance operational for individuals, companies and security national

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