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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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Strategy for Handling the Crime of Serious Persecution in Archery Cases in the Community: Criminology and Criminal Law Perspectives Gunawan; Yeni Widowaty
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.v24i1.5343

Abstract

This research discusses in-depth strategies for handling crimes of severe abuse that occur in the context of archery cases among the community by adopting a holistic perspective from criminology and criminal law. The aim is to analyze and compare these two different points of view, as well as explore the possibility of collaboration between them, resulting in a more practical approach to dealing with this problem. The method used in this research is library research, where data collection is carried out by reviewing various literature, books and reports that are relevant to the topic being discussed. The findings obtained indicate that integration between a criminological approach which focuses on aspects of prevention and rehabilitation with firm law enforcement from a criminal law perspective is critical to creating a comprehensive solution. Therefore, this study recommends the development of collaborative programs involving various stakeholders, including government, social institutions, and communities, to develop treatment strategies that are more effective in preventing severe abuse in society as a whole.
THE REALITY OF LAW ENFORCEMENT OF THE CRIMINAL ACT OF THEFT BY THE PROSECUTOR'S OFFICE THROUGH RESTORATIVE JUSTICE IN INDONESIA Sepriandison Saragih
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.v24i2.5442

Abstract

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, by seeking to settle cases solely outside the court. The implementation of restorative justice-based termination of prosecution can be applied to the crime of theft as the highest number of cases in Indonesia. This is because economic stability was disrupted after the Covid-19 pandemic created a moral crisis with a drastic increase in theft crimes in Indonesia. Meanwhile, there has recently been the establishment of restorative justice houses in each jurisdiction of the prosecutor's office to optimize the resolution of all legal problems by filtering cases that go to court, dissemination of law to local residents, and being able to develop local wisdom by involving local traditional leaders to emphasize consensus deliberation. The research approach is to use a normative juridical method with reference to laws and regulations sourced from primary data and literature studies originating from criminal law literature in Indonesia, which is then processed into a specific conclusion. The results of the study show that humanist restorative justice houses are an alternative to solving cases of theft. the embodiment of restorative justice in a hybrid way within the prosecutor's office will be achieved as a humane law enforcement agency in Indonesian.
Optimizing Criminal Sanctions Against Narcotics Crimes in Indonesia Albri Labaka; Muh Endriyo Susila
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.v24i2.5475

Abstract

This study discusses the application of criminal sanctions for narcotics crimes in Indonesia. It also aims to find solutions to legal problems by using juridical-normative research because it prioritizes the conception of LawLaw as a law in doctrine, which is entirely covered in a conceptual approach to research. Research results: First, the justification for applying sanctions against narcotics offenders is based on the theory of determinism and the values of Pancasila justice, according to mono-dualistic teachings in criminal law. Theoretically, the application of action sanctions is in line with several legal theories, including the Combined/Modern Criminal Theory (Verenings Theorien), the Restorative Justice Theory, and the Double Track System Theory. Second, the revision of the Narcotics Law must establish limits and requirements for the application of sanctions for actions related to the type of crime and the perpetrator of the crime. This is important to do when the law is changed in the future. Third, sanctions can be implemented in two ways: normative through the Brainwashin program, decriminalization programs, and health programs for women drug users, and social forms through the separation of corrections and the establishment of particular institutions for the implementation of action sanctions, which are under the jurisdiction of the Prosecutor's Office Agung and in the future there needs to be a special narcotics court.
The Role of Legal Frameworks in Ensuring Certainty and Compliance in International Business Transactions Fadiya Fitriyanti; Muhammad Zaidan Fadhlurrahman; Ilyas Muhammad Aliya Akbar; Jimmi Noviantoro
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.v24i1.5652

Abstract

International trade is growing rapidly thanks to technological advancements, but challenges arise from differences in legal and cultural systems between countries. An understanding of the applicable laws in each country is essential to ensure smooth transactions and effective dispute resolution. Although free trade is increasingly accepted, barriers such as protectionism and tariffs are still significant challenges. Therefore, an understanding of international regulations is indispensable to reduce risks in global business. This study uses a qualitative approach with literature research methods or literature studies, which rely on literature as the main data source. The formulation of the problems raised in this study includes the role of international business law in ensuring legal certainty for interstate business actors, challenges faced related to differences in legal systems between countries, international business dispute resolution mechanisms, and the influence of international business law on cross-border digital trade regulations. The results show that the principle of freedom of contract in international trade needs to be balanced with fairness and compliance with national and international laws to protect the weaker parties. Challenge globalization, such as differences in legal systems and culture, culture, demands international cooperation. Besides   that  law  Business play role crucial deep international organize digital trade, with a focus on harmonization Regulation, Personal Data Protection 3, and compliance with taxes and intellectual property rights to ensure fair and sustainable trade
Legal Review Of Fixed-Term Employment Agreements: Justice For Foreign Workers In Indonesia Tajuddin Noor; Suhaila Zulkifli; Marlina Elisabeth pakpahan
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.v24i2.5730

Abstract

TThis study critically examines the legal framework governing Specific Time Work Agreements (Perjanjian Kerja Waktu Tertentu/PKWT) and the protection mechanisms afforded to foreign workers (Tenaga Kerja Asing/TKA) in Indonesia. As foreign direct investment continues to expand, particularly in strategic sectors such as construction, infrastructure, and information technology, the deployment of TKA has become increasingly prominent. However, the implementation of PKWT for foreign workers raises significant legal and human rights concerns, including ambiguity in contractual terms, unequal treatment, and insufficient safeguards for basic labor rights. Utilizing a normative juridical approach, this research analyzes existing statutes, legal doctrines, and regulatory practices to evaluate the extent of legal protections for TKA under PKWT arrangements. The findings reveal gaps between regulatory intent and implementation, underscoring the need for stronger institutional oversight, improved regulatory clarity, and enhanced legal literacy among both employers and foreign workers. The study concludes by emphasizing the importance of coordinated efforts between government authorities, private sector stakeholders, and legal institutions to establish a more equitable, transparent, and sustainable labor environment for foreign workers in Indonesia.
Free Lunch Policy Analysis: A Comparative Study of Law and Economics in Japan, China, and India nabilarahmawatirama; Leli Joko Suryono; Katherine Mazzer
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.v24i2.5787

Abstract

This study analyzes the implementation of free lunch policies in three Asian countries: Japan, China, and India. The free lunch policy is necessary to improve child health, support educational participation, and reduce the economic burden on families. Through a comparative case study approach, this research evaluates the implementation, successes, and challenges of the policy in three countries. In Japan, the institutionalized free lunch program significantly reduced family expenditure and increased parental productivity, contributing to social welfare. China implemented the policy to reduce economic disparities in rural and urban areas, showing improvements in children's nutritional status and the financial well-being of low-income families. The research method used is by analyzing policy documents and reviewing the literature. The results show that the free lunch policy not only directly benefits children's health and Education but also significantly positively impacts the economy of families and communities. This finding confirms that the free lunch policy can improve the community's economic welfare. The study concludes the successful implementation of the free lunch policy in each country. The study concludes that the successful implementation of the free lunch policy largely depends on the amendment of the free lunch policy in each country, community involvement, and adequate supervision.
Prevention of budget leakage through law enforcement in the tax sector in Kendari City Tasmir; Ahmad Rustan; Rudi Iskandar Ichlas; Wahyudi Umar
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.v24i2.5853

Abstract

Research discussing the prevention of budget leakage through law enforcement in the tax sector is an effort to overcome the problem of budget leakage which is one of the main problems in the country's financial sector. The urgency of this research is to minimize state financial losses due to budget leakage and strengthen the integrity of the tax sector in Kendari City. To achieve the expected goals, researchers will adapt research procedures with mixed methods using several data collection techniques such as interviews, questionnaires, literature studies, and conducting focus group discussions (FGDs). In conducting this research, researchers must also pay attention to ethical aspects of research, such as data privacy and security, and maintain academic integrity. This study aims to identify the factors that cause budget leakage, as well as to evaluate the effectiveness of law enforcement in preventing budget leakage in the tax sector. Thus, this study is expected to provide appropriate recommendations to overcome the problem of budget leakage that occurs in the tax sector in Kendari City. The results of this study are expected to be policy recommendations that can help improve the effectiveness of law enforcement and prevent budget leakage in the tax sector in Kendari City. In addition, this research can also contribute to the development of science, especially in the fields of law and public finance.
The Regional Expansion and The Legal Dimension of Regional Autonomy: A Study of Justice and Balance of Authority Hamrin
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.v24i2.5873

Abstract

Regional expansion in Indonesia is the division of an area into two or more regions.  The main objective of regional expansion is to improve the welfare of the community through enhanced public services, accelerated regional economic growth, and expedited management of regional potential.  This research aims to analyze the essence of regional expansion and its relation to regional autonomy, as well as regional expansion from the perspective of justice and the balance of authority.  This research is a normative legal study with a conceptual and legislative approach.  The research results show that the essence of regional expansion and its relation to regional autonomy as an effort to realize and optimize regional autonomy.  Regional expansion, when viewed from the aspect of justice, essentially emphasizes the fair and equitable distribution of resources, a transparent, accountable, and participatory decision-making process, effective and restorative conflict resolution, and the enhancement of equal opportunities for all members of the community.  In terms of the balance of authority, regional expansion can serve as one means to achieve a balance of authority, particularly in relation to efforts to strengthen decentralization within the framework of the Unitary State of the Republic of Indonesia
The Position of Arbitration Clause in Bankruptcy Cases: Conflicts of Authority and Solutions Under Indonesian Law Ummi Maskanah
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.v24i2.5878

Abstract

The arbitration clause is a form of private agreement that binds the parties to resolve disputes outside the court, in accordance with the principle of freedom of contract. However, in bankruptcy cases, conflicts arise between the existence of arbitration clauses and the exclusive jurisdiction of the Commercial Court, considering that bankruptcy has a public law nature that concerns the interests of creditors in general. This research aims to analyse the legal position of arbitration clauses in bankruptcy cases and identify conflicts that arise between the two. The research method used is a normative legal approach by analysing laws and regulations, legal doctrines, and court decisions. The results showed that although the arbitration clause has a strong legal basis based on Article 1338 of the Civil Code and Law No. 30 Year 1999, the court still has exclusive jurisdiction to handle bankruptcy cases in accordance with Article 303 of Law No. 37 Year 2004. The Supreme Court decision also emphasised that arbitration clauses cannot limit the authority of the Commercial Court in determining the insolvency status of an entity. The Supreme Court confirmed that arbitration clauses do not prevent the Commercial Court from handling bankruptcy, as in Supreme Court Decisions No. 45 K/Pdt.Sus/2013 and No. 3415 K/Pdt/2021. Bankruptcy law as lex specialis has a higher position than arbitration, in accordance with the principle of lex specialis specialitet to ensure legal certainty. One recommendation is the revision of relevant laws and the issuance of special guidelines by the Supreme Court to clarify the relationship between arbitration and bankruptcy.
Reorientation Of Mayor Regulation Number 28 Of 2024 For Taxpayers In Medan City Bayu Widianto; Chely Br Sembiring; Hendri Yohannes
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.v24i2.5978

Abstract

The principle of legal certainty and legality of tax collection is an important principle in a state of law as stated in the 1945 Constitution that Indonesia is a state of law and a tax cannot be collected without being regulated by law. The Mayor's Regulation is an implementing regulation that has binding legal force which is ordered by higher legislation or formed based on authority. The position of the Medan Mayor's Regulation Number 28 of 2024 raises a legal event. This study will critically examine and analyze, and normatively regarding the Mayor's Regulation based on the perspective of comparative law theory both from the decision of the constitutional court, the formation of regional legal products and relevant laws and enforcing the law in implementing it for taxpayers. This study aims to determine whether the formation of the Mayor's Regulation is in accordance with the authority and ordered by the Legislation and the validity of the law in implementing the Mayor's Regulation. The results of the study found that the Mayor's Regulation is an implementing regulation that does not have the authority to add non-normative substance, the Mayor's Regulation only has the authority to regulate administrative procedures. Officials who should not implement the Mayor's Regulation, if it conflicts with higher regulations based on the principle of lex superior derogat legi inferiori, in carrying out their duties and responsibilities must comply with the Laws and Regulations

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