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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 1,631 Documents
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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.
Dialectics, Legality and Urgency of Criminal Law: A Critical Review in Indonesia Subarsyah
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.v24i2.6367

Abstract

This study critically examines the dialectics, legality, and urgency of criminal punishment within the context of Indonesian criminal law. Using a normative juridical approach and qualitative analysis method, the research explores the development of criminal law thought in Indonesia, highlighting the limitations of the principle of legality in its application, and evaluating the urgency of using punishment as a means of social reform. The findings reveal that the development of criminal law in Indonesia demonstrates a dialectical relationship between morality, justice, and formal legality. The legalistic approach emphasizes legal certainty and strict interpretation of the rules, while the contextual approach prioritizes substantive justice by taking into account social and humanitarian factors. The principle of legality remains a fundamental tenet that protects individuals from abuse of power by requiring criminal laws to be clear, firm, and non-retroactive, serving as the foundation for the protection of human rights and the rule of law. However, the dynamics of modern crime and technological advancement often cause legal regulations to lag behind, posing challenges in law enforcement and creating potential ambiguity in application. In this context, the urgency of criminal punishment lies not only in the imposition of sanctions as retribution but also as an effort toward prevention and rehabilitation to maintain order, provide a deterrent effect, and protect society. Therefore, a balance is needed between legal certainty and flexibility in the application of criminal law to effectively and fairly respond to social changes. This includes more humane law enforcement, the strengthening of customary law, and education and training for law enforcement officers to carry out their duties inclusively and adaptively in a complex and pluralistic society.
Effectiveness of Criminal Law Enforcement against Corporations: Procedural Analysis and Mechanisms of Cross Country Criminal Justice Tumian Lian Daya Purba; Silvester Magnus Loogman Palit
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.v24i2.6412

Abstract

Corporations as legal entities play a significant role in social, economic, and political dynamics. Alongside the increasing incidence of corporate crimes, the recognition of corporations as subjects of criminal law has become crucial. This study examines corporations as subjects of criminal law through a comparative analysis of Indonesia, the United States, and the Netherlands. The primary focus is on the differences in the concept of corporate criminal liability and the legal models applied. The research employs a normative juridical approach with a comparative study method. The findings reveal fundamental differences in the application of corporate criminal liability across the three countries, particularly regarding principles and forms of liability. The United States implements a more stringent principle of vicarious liability, the Netherlands has specific provisions in its Criminal Code (Wetboek van Strafrecht) that comprehensively accommodate corporate liability, whereas Indonesia still adopts a sectoral approach and lacks an integrated system. This study is expected to contribute to the strengthening of corporate criminal law policy in Indonesia.
The phenomenon of Premartial Sex Among Rulal Adolescents Ayu Septika; Fatmariza; Isnarmi; Maria Montessori
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.v24i2.6456

Abstract

This study aims to: (1) analyze the factors that contribute to the occurrence of premarital sexual behavior among adolescents in Kota Agung Village, Seluma Timur Subdistrict, Seluma Regency, Bengkulu Province; (2) examine the impacts of such behavior on adolescent girls in the same region; and (3) map out the preventive efforts undertaken by parents and the local community to mitigate and prevent the recurrence of such behavior in the village. This research adopts a qualitative case study approach. Data collection techniques include interviews, observations, and document analysis. Informants were selected through purposive sampling, and the data were analyzed descriptively using the interactive model developed by Miles and Huberman. The findings reveal that: (1) the primary factors contributing to premarital sexual behavior among adolescents in Kota Agung Village are addiction to pornographic films, weak parental supervision, negative peer influence, high curiosity, and limited understanding of cultural and religious norms; (2) the consequences of such behavior include early marriage, economic instability, psychological distress, disruption of family harmony, domestic violence, and a rise in child stunting cases; and (3) efforts to address the issue have focused on intensive communication between parents and their children, as well as community-led awareness programs and discussion forums. In conclusion, the phenomenon of premarital sex among adolescents in Kota Agung Village is largely driven by exposure to pornographic content and insufficient parental control. The dominant consequence is unplanned pregnancy outside of marriage. Meanwhile, preventive efforts mainly involve socialization activities and open discussions on the dangers of premarital sex and juvenile delinquency. Therefore, the active roles of parents, village authorities, educators, healthcare workers, and the wider community are crucial in promoting early education about the risks of promiscuous behavior and its potential consequences for the future of the youth involved.
Comparative Study of Legal Protection of Women's Labor From the Perspective of International Conventions, Indonesian and German Law Lalu Hadi Adha; Baiq Sagita Salsabila; Laely Wulandari
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.v24i2.6465

Abstract

Work related to humans, including aspects of the economy and fundamental human rights, is essential. Every individual, regardless of gender, has equal rights in the workforce. In the modern era, women are involved in forced labor, although they still face various challenges. In normative terms, protecting women's rights as workers in Indonesia is regulated by Law Number 13 of 2003 concerning Employment, alongside several other regulations and international conventions such as the ILO and CEDAW. However, there are several gaps in the framework, such as provisions that do not fully protect female workers and a lack of effective implementation of the conventions that have been ratified, which often merely reiterate the norms of the international convention. On the other hand, Germany has also ratified the convention and has more specific regulations for protecting women's rights. By comparing the laws of Indonesia and Germany, this research aims to provide recommendations for improvements and refinements in employment regulations in Indonesia. The research method employed is a normative legal study with a statutory, conceptual, and comparative approach. Based on the results of this study, it can be concluded that the regulations for protecting female workers in Indonesia and Germany have similarities and differences. In Indonesia, the protection of women is primarily outlined in the Employment Act, while in Germany, each protection category is more distinctly defined in the Constitution. Although both jurisdictions address matters such as maternity, protection from discrimination, and wage equality for equivalent work, there is a difference in the level of detail in their arrangements.
Revisiting Law Enforcement against Revenge Porn Offenders in Cyberspace Ahmad Ma’mun Fikri
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.v24i2.6469

Abstract

The development of digital technology has increased the threat of cybercrime, including revenge porn, which has a broad impact on victims, psychologically, socially and economically. Although Indonesia already has regulations such as the ITE Law and the Pornography Law, these regulations have not been fully effective in ensnaring perpetrators and providing maximum protection for victims. Meanwhile, other countries such as the United Kingdom and the United States have more specific regulations in dealing with revenge porn. This study aims to analyze the effectiveness of law enforcement against revenge porn in Indonesia and provide recommendations for improving regulations to increase victim protection. The method used is normative legal research with a statutory and comparative approach, which involves analyzing national and international regulations, as well as reviewing court decisions and reports from various institutions. The results show that Indonesian regulations still have gaps in dealing with revenge porn, especially in the aspects of victim protection, content removal mechanisms, and sanctions for perpetrators and digital platforms. Therefore, more progressive legal reforms are needed, including the implementation of the right to be forgotten, increasing sanctions for perpetrators.
Implementation of Employer Responsibilities for Occupational Health and Safety for Daily Casual Fishermen Merlien Irene Matitaputty
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.v24i2.6491

Abstract

Protection of casual workers is to guarantee the basic rights of workers/laborers and guarantee equal opportunities and treatment without discrimination on any basis to realize the welfare of workers/laborers and their families while still paying attention to the development of the progress of the business world. Workers need to be protected by both employers/entrepreneurs and the state through government intervention. In accordance with the purpose of this study, the type of research used is socio-legal research. Socio -legal research , namely a research method that combines doctrinal legal research methods and empirical legal research methods. Doctrinal research is intended to conduct library research by identifying laws and regulations and collecting other data related to the problem being studied. In reality, casual daily workers who work on bobong ships owned by employers, they work without any guarantee other than a verbal agreement about the income earned every time they go to sea or given every week according to mutual agreement. Casual daily fishermen on these bobong ships do not receive social security in the form of health insurance, accident insurance or death insurance which is their right, in accordance with the laws and regulations governing the matter in question.
The Role of Criminal Procedure Law in Banking Corruption Cases Handled by the KPK: Ensuring the Protection of Suspect Rights Eric Hermawan; Moh. Taufik; Sri Astutik
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.v24i2.6508

Abstract

Dalam negara hukum yang demokratis seperti Indonesia, hukum acara pidana memegang peranan penting sebagai instrumen penegakan keadilan dan perlindungan hak asasi, namun dalam praktiknya khususnya pada kasus korupsi sektor perbankan yang ditangani KPK sering kali muncul tantangan serius terkait jaminan perlindungan hak-hak tersangka akibat kekuatan kewenangan KPK yang besar dan potensi penyimpangan dari prinsip due process of law. Tujuan dari penelitian ini adalah untuk menganalisis penerapan hukum acara pidana oleh KPK dalam menangani kasus-kasus perbankan serta mengevaluasi sejauh mana hukum acara pidana mampu memberikan perlindungan terhadap hak-hak tersangka dalam proses tersebut. Penelitian ini menggunakan metode hukum normatif dengan pendekatan perundang-undangan, konseptual, dan kasus, yang dianalisis secara kualitatif untuk menelaah kesesuaian antara norma hukum acara pidana dengan praktik penegakan hukum oleh KPK dalam kasus perbankan, serta menilai sejauh mana hak-hak tersangka dilindungi dalam proses tersebut. Hasil penelitian menunjukkan bahwa meskipun penerapan hukum acara pidana oleh KPK dalam menangani kasus perbankan efektif dalam pemberantasan korupsi, masih terdapat masalah serius terkait perlindungan hak-hak tersangka, terutama dalam hal penyidikan, penahanan, dan eksposur media. Meskipun hukum acara pidana Indonesia secara normatif telah menjamin hak-hak dasar tersangka, praktiknya masih menghadapi tantangan implementasi, seperti pelanggaran prosedural dalam penanganan kasus perbankan yang kompleks. Oleh karena itu, diperlukan harmonisasi antara kewenangan KPK dan ketentuan KUHAP, penguatan regulasi, serta peningkatan profesionalisme aparat penegak hukum untuk memastikan proses hukum yang adil dan melindungi hak-hak tersangka secara efektif.
Approach Restorative In Loss Recovery Caused by Criminal Acts of Corruption Noor Azizah; Muhammad Syahnan; Zulkarnain
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.v24i2.6552

Abstract

The restorative approach to the recovery of losses caused by criminal acts of corruption offers alternatives that focus on restoring relationships and losses compared to retributive approaches that only emphasize punishment. This study uses a normative juridical method with the law approach to analyze the basic principles of restorative approaches, recovery mechanisms, benefits, challenges, and implementation in Indonesia. The restorative approach is based on the principle of restoring losses, active participation of all parties, and reintegration of the perpetrators. The results of the discussion show that the restorative approach has the potential to increase justice and improve social relations, although there are still significant challenges. The application of this approach in Indonesia requires stronger legal and community support. This study concluded that the restorative approach can improve the law enforcement system with a greater focus on recovery and reintegration. Suggestions for further development include legal reform and increasing community participation to optimize the recovery of losses due to criminal acts of corruption, so that further legal reform is carried out to support restorative mechanisms and increase community participation.

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