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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 1,520 Documents
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Review of the Effectiveness of Article 76 C of Law Number 35 of 2014 concerning Child Protection in the Prevention and Eradication of Bullying in Indonesia Safrilla Ayu Maharani; Nu’man Aunuh; Cholidah
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.v24i2.6129

Abstract

Bullying is a negative action that is carried out repeatedly by a stronger or powerful individual against a weaker individual. Article 76C of Law Number 35 of 2014 concerning Child Protection prohibits everyone from placed, allowing, doing, ordering to do, or participating in violence against children. This provision aims to provide comprehensive protection for children from various forms of violence, including bullying. Although normatively Article 76C has regulated the prohibition of violence against children, implementation in preventing and eradicating bullying in Indonesia still faces various challenges. This study uses a normative juridical law research method that focuses on the study of applicable legal norms and their application in practice in society. These findings highlight the effectiveness of article 76C of law number 35 of 2014 concerning child protection in the prevention and eradication of bullying in Indonesia and how the ideal legal concept is in order to reduce bullying in Indonesia.
A Dynamics and Inconsistency of Justice Collaborators in Corruption Cases in Indonesia Sri Endah Indriawati
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.v24i2.6155

Abstract

This study aims to analyze the dynamics and inconsistency of the treatment of Justice Collaborators (JCs) in corruption cases in Indonesia. Justice Collaborators play a crucial role in uncovering corruption cases; however, the regulations governing their protection and rewards remain unclear, creating legal uncertainty. Against this background, the study focuses on the legal issues related to the protection and rewards for JCs, as well as the challenges encountered in their application, particularly in organized corruption cases. This research employs a normative legal approach, examining existing laws, regulations, and relevant literature to analyze the inconsistencies and disparities in the treatment of JCs. The findings indicate that the lack of clarity regarding the definition of "main perpetrators" and the absence of harmonization between legal frameworks hinder the effective protection of JCs. Furthermore, the inconsistency in judicial decisions leads to uncertainty about the rights and rewards for those cooperating with law enforcement. The study suggests the need for clearer regulations and greater harmonization among law enforcement agencies to ensure optimal protection for JCs in uncovering corruption cases.
TINJAUAN YURIDIS PEMBATALAN PUTUSAN ARBITRASE OLEH PENGADILAN NEGERI DITINJAU DARI UU NO 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA (Studi Kasus Perkara Nomor 861/Pdt.Sus-Arbt/2023/PN.Jkt.Brt) Amalia, Lia; Mustika, Mela; Abas, Muhamad; Saprudin
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.v24i2.6195

Abstract

Arbitration as an alternative to resolving business disputes offers a fast, confidential, and final process, but this finality is limited by the provisions of Law Number 30 of 1999 which allows for cancellation under certain conditions. This normative legal research analyzes the legal basis for the cancellation of an arbitration award through a case study of the West Jakarta District Court Decision Number 861/Pdt.Sus-Arbt/2023/PN.Jkt.Brt. The results of the study show that cancellation is only permitted based on three limiting reasons in Article 70 of the Arbitration Law. In the case of PT Talkindo Selaksa Anugrah, the judge annulled the BANI decision based on the discovery of important hidden documents and the existence of trickery. The judge's considerations reflect the balance between maintaining the principle of finality of arbitration and upholding substantive justice, although the standard of proof applied is more flexible than international standards. The annulment of an arbitration award must still be seen as an extraordinary corrective mechanism that is applied strictly, without sacrificing the integrity of the arbitration process, because finality should not protect dishonest practices in dispute resolution.
Criminal Law Analysis of Budget Corruption in the Public Sector: The Case of Local Governments Based on Law no. 31/1999 and Law No. 17/2003 Ardiansyah, Irfan; Rustam
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.v24i2.6278

Abstract

In Indonesia, the public sector is one of the areas that is prone to corruption, even more so in local governments. This research also aims to identify the factors that affect the occurrence of budget corruption, as well as to develop recommendations to increase the effectiveness of law enforcement in eradicating corruption. This research method uses a normative approach. The normative approach is carried out by analyzing relevant laws and regulations, such as Law No. 31 of 1999 concerning the Eradication of Corruption and Law No. 17 of 2003 concerning State Finance. The results of this study show that although there have been several regulations governing the eradication of corruption crimes, such as Law No. 31 of 1999 and Law No. 17 of 2003, the application of criminal law to budget corruption cases in the public sector, especially in local governments, still faces various obstacles. The main obstacles found are weak supervision, both internal and external, as well as political intervention that slows down law enforcement. Many corruption cases are hampered due to the lack of sufficient evidence and the low integrity of the public officials involved. The slow legal process and injustice in law enforcement, especially when the perpetrators come from high-ranking officials, further exacerbate this situation. This results in the practice of budget corruption continuing, even though there is already a law regulating it. In addition, the results of this study also show the importance of increasing the capacity of human resources (HR) in regional budget management and stricter supervision of the use of public funds. Transparency in budget management and public involvement in supervision can be an effective solution to minimize budget corruption practices in the public sector
International Law and Cyber Technology: Challenges of Global Regulation in the Digital Diplomacy Era Triwahyuni, Dewi; Wim Tohari Daniealdi; Iwan Ridwan Zaelani
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.v24i2.6332

Abstract

The rapid development of information technology has driven a major transformation in international relations, particularly through digital diplomacy. On the other hand, this progress has also posed serious challenges to international law, which has yet to fully regulate cross-border cyber activities. This study aims to examine the main challenges faced by international law in responding to the dynamics of global cyberspace, as well as to evaluate the role of digital diplomacy in shaping fair and inclusive cyber regulations. The research employs a qualitative method using a literature review approach, analyzing scholarly sources, policy reports, and official international documents. The findings reveal a significant legal vacuum in addressing cyberattack attribution, state responsibility, and the protection of human rights in the digital space. Current cyber diplomacy efforts remain hindered by ideological differences between major powers and developing countries, as well as by the dominance of non-state actors such as global technology companies. The conclusion of this study highlights the urgency of establishing a responsive, multistakeholder international legal framework that ensures global digital justice. Without collective efforts and international compromise, cyberspace risks becoming a battlefield of conflict without clear legal boundaries.
Political Dynasties and Legal Loopholes in Regional Elections: a Case Study of Families of Regional Officials in the 2024 Political Year YAHYA, AFIF SYARIFUDIN
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.v24i2.6336

Abstract

The phenomenon of political dynasties in regional head elections continues to show an upward trend, especially in the lead-up to the 2024 Simultaneous Regional Elections. In an electoral democracy, the domination of power by incumbent families poses a serious threat to the principles of meritocracy, fair competition, and public accountability. The re-emergence of prominent names from the inner circles of regional political families indicates that power is no longer contested through open mechanisms, but rather inherited structurally through kinship networks and political patronage. This research employs a qualitative approach with a normative-empirical design. Data were obtained through a literature review of legislation, Constitutional Court rulings, as well as research reports and scholarly publications related to political dynasties and regional elections. The primary aim of this research is to examine the relationship between legal loopholes in regional election regulations and the rise of political dynasties, as well as their impact on the quality of democracy and local governance. The findings reveal that the absence of substantive norms limiting the candidacy of incumbent family members creates a legal gap that is exploited to perpetuate power. The annulment of Article 7 letter r of Law No. 8 of 2015 by the Constitutional Court has further legitimized political dynasties within a system that remains democratically unconsolidated. The consequences include declining leadership quality, increased conflicts of interest, weakened oversight, and a growing number of corruption cases in regions dominated by political dynasties. This phenomenon also narrows the space for political competition and strengthens the dominance of local oligarchies in electoral contests.
DLH and WALHI's Perception of the Local Wisdom Values of Pasang Ri Kajang as an Environmental Conservation Effort Sabriani; Syukri; Syahban Nur; Arafi Gunawan; Isti Anna
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.v24i2.6354

Abstract

This study aims to examine the perceptions of the Environmental Office (DLH) and the Indonesian Forum for the Environment (WALHI) regarding the local wisdom values of Pasang Ri Kajang in the context of environmental conservation efforts in Bulukumba Regency, South Sulawesi. A qualitative approach was employed, utilizing a case study method, which involved in-depth interviews, participatory observation, and documentation with key informants from DLH, WALHI, and indigenous Kajang leaders. The findings reveal that both DLH and WALHI hold positive perceptions of Pasang Ri Kajang, particularly in terms of forest preservation, sustainable natural resource management, and the spiritual relationship between humans and nature. These values are perceived to align with modern ecological principles and serve as an alternative foundation for policy formulation in conservation efforts. The study also highlights institutional and sectoral challenges in integrating local values into environmental programs. Therefore, synergy among state actors, civil society organizations, and indigenous communities is essential to mainstreaming local wisdom into sustainable environmental policies.
Assessing the Urgency of Legal Certainty in the Provision of Health Services at Community Health Centers with Basic Emergency Obstetric and Neonatal Care Capacity in East Lombok Regency Damayanti, Gusti Ayu Ratih; Sukarno; Rifai, 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.v24i2.6356

Abstract

Health facilities equipped with adequate infrastructure and competent healthcare personnel represent the most ideal setting for providing care during pregnancy, childbirth, the postpartum period, and the neonatal phase. Consequently, the availability of Community Health Centers (Puskesmas) capable of providing Basic Emergency Obstetric and Neonatal Care (PONED) is expected to contribute significantly to the reduction of maternal mortality (AKI) and infant mortality (AKB), particularly in East Lombok Regency. However, research findings indicate that the implementation of health services at Puskesmas capable of PONED in East Lombok Regency remains ineffective. Contributing factors include inadequate facilities and infrastructure, the limited number of healthcare personnel certified in PONED training, delays in updating assignment letters related to staff transfers (which affects their authority), and a lack of adequate evaluation and supervision in service delivery. Legal certainty in the implementation of health services at Puskesmas capable of PONED can be strengthened through several measures: (a) Regular evaluation and supervision of operational eligibility, formalized through official decrees; (b) Increased budget allocation for PONED training programs for healthcare workers; (c) Alignment of staff transfers with the conditions and needs of PONED-capable Puskesmas; and (d) The formulation and issuance of new regulations that provide comprehensive guidelines for health service delivery at PONED Puskesmas. These legal and operational enhancements are essential for ensuring quality and continuity in maternal and neonatal healthcare, which in turn supports broader public health goals in the region.
Cross-Border Consumer Resolution through TikTok: A Legal Perspective on Consumer Protection in Indonesia Respati Paramudhita, Radea
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.v24i2.6368

Abstract

The rapid emergence of TikTok as a digital marketplace has transformed the landscape of cross-border e-commerce. Originally functioning as a social media application, TikTok now facilitates direct commercial transactions between sellers and consumers across national borders, particularly in Southeast Asia. This shift raises significant legal concerns regarding consumer protection, jurisdictional reach, and dispute resolution. Legal systems, especially in developing countries like Indonesia, are often unprepared to address the complexity of disputes arising from such cross-jurisdictional interactions. This study, through a normative juridical approach and literature-based analysis, evaluates the limitations of Indonesia’s current legal regime in ensuring effective consumer protection in the digital trade context. The discussion emphasizes the necessity of strengthening Online Dispute Resolution (ODR) mechanisms and fostering international regulatory harmonization. Recommendations are proposed to address legislative gaps and institutional weaknesses in anticipation of the growing role of global e-commerce platforms in shaping consumer transactions.
SINKRONISASI HUKUM UNTUK ALIH FUNGSI LAHAN DALAM PENGEMBANGAN WISATA ALAM Gibran Muhammad Gaza Palestin; Putri Nur Fazriyah; Endang Sutrisno; Mohammad Sigit Gunawan; Harmono
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.v24i2.6397

Abstract

Land use conversion in the context of tourism development particularly nature-based tourism constitutes a strategic issue encompassing legal, environmental, and socio-economic dimensions. This study aims to analyze the extent to which Indonesia’s legal and regulatory frameworks have accommodated the governance of land-use conversion within the framework of sustainable tourism development. The research employs a normative juridical approach by examining statutory regulations relating to spatial planning and land-use conversion. This study is particularly relevant given the increasing strategic importance of environmental policies, including those in Kuningan Regency. One such regulation is Law Number 26 of 2007 concerning Spatial Planning. The findings indicate that, normatively, there is a degree of legal synchronization across various regulations that ensures conformity in spatial utilization with the Regional Spatial Plan (RTRW) and the Detailed Spatial Plan (RDTR), while also incorporating sustainability and environmental protection considerations. Nonetheless, practical challenges persist, including overlapping authorities, weak enforcement mechanisms, and limited public participation. Therefore, there is a pressing need to strengthen both legal structures and the legal culture of society to realize legal certainty and effective protection in land-use conversion for equitable and sustainable tourism development.

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