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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 Implementation of Corporate Social and Environmental Responsibility by Palm Oil Plantation Companies Toward the Community : A Case at PT Daya Labuhan Indah Pangkatan Lelisari; Siregar, Putri Habibah; Nasution, Nurlaila
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; Guntara, Deny; Abas, Muhamad; 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 Hizbullah, Muhammad; Achyar, Zein; Harahap, MHd Yadi
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 Purba, Tumian Lian Daya; Palit, Silvester Magnus Loogman
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; Montessori, Maria
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 Adha, Lalu Hadi; Salsabila, Baiq Sagita; Wulandari, Laely
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 Ma’mun Fikri, Ahmad
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.

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