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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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Compensation for Damages Caused by Artificial Intelligence under Indonesian Civil Law Rai Mantili; Sherly Ayuna Putri; Efa Laela Fakhriah
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.v24i1.5164

Abstract

Artificial intelligence (AI) is a technology that refers to the simulation of human intelligence programmed into electronic devices to think like humans and mimic human actions. The rapid development of AI has sparked debates in the legal field, particularly when errors occur and cause harm to the public. Currently, Indonesian law does not explicitly regulate legal protection for a party who suffers material or immaterial damages due to errors caused by AI. This research aims to contribute to the development of civil law discourses through a normative and descriptive approach. The data used are secondary data, and a qualitative method is used to analyze and present the data descriptively. The research finds that there are no specific regulations governing liability for material or immaterial damages resulting from AI activities. The conclusion drawn is that AI cannot be considered a legal subject and lacks control over its actions and intent. Therefore, the burden of compensation for errors caused by AI falls on the creators and users of AI, as stipulated under Article 1365 of the Civil Code and Article 1367 of the Civil Code, which states that: "A person is not only liable for losses caused by their own actions but also for losses caused by the actions of those for whom they are responsible or by goods under their supervision."
Online-Based Violence Against Children: Efforts to Develop Child Protection Strategies in the Digital Era in Magelang Regency Triantono; Marizal, Muhammad; Setiani, Natasya Okta
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.v24i2.5277

Abstract

The rapid advancement of technology has resulted in the exponential transformation of social interactions and relations. The ease of access and broad reach have increased internet penetration, particularly among children aged 13-17 in Magelang Regency. While this situation can have positive impacts, the low level of literacy and awareness of the use of digital devices has increased the risk of online-based violence against children. This research focuses on three issues: the conditions and dynamics of online-based violence against children in Magelang Regency, the measures already taken to respond to online-based violence against children in Magelang Regency, and prevention strategies for online-based violence against children from the perspective of fulfilling children's rights and protection in the future. This study employs a qualitative approach with children aged 13-17 years. The research findings reveal that children aged 13-17 years in Magelang Regency experience two forms of violence: cyberbullying and sexual harassment. Low digital media literacy and risky interaction behaviours, coupled with inadequate mitigation efforts, pose a significant potential for an increase in this type of violence in the future. There are seven prevention strategies: digital literacy for children and parents; safe environment and technology; accessibility of services; strengthening regulations and child protection institutions; strengthening coordination and synergy; public awareness; and parental/family participation.
Authority of The Indonesian Corruption Eradication Commission Post Amendment to Law No. 19 of 2019: Regresive or Progressive in Law Enforcement? Laksito, Fransiscus Xaverius Hastowo Broto; Rian Saputra; Doris Rahmat; Waluyo Slamet Pradoto; Aji Bawono; Kesya Zhalibina Sunarto
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.v24i2.5334

Abstract

The aim of this research is to look at the transformation of the Corruption Eradication Commission Institution after the revision of the new Indonesian Corruption Eradication Commission (KPK) Law in supporting corruption prevention policies in Indonesia. This research was conducted using doctrinal legal research methods or normative legal research. In this research, the approaches used include: Statute Approach. Conceptual Approach, Historical Approach, Case Approach. The research results show that: 1) The authority of the Corruption Eradication Commission (KPK) after the promulgation of Law no. 19 of 2019 concerning the Second Amendment to Law no. 30 of 2002 concerning the Corruption Eradication Commission, with the addition of the Supervisory Board within the Corruption Eradication Commission (KPK)  Institution which has quite large authority, namely not only supervision but also the implementation of the authority of the Corruption Eradication Committee, namely that it must first obtain permission from the Supervisory Board before carrying out wiretapping, searches and/ or the confiscation is carried out by the Corruption Eradication Commission, this can hinder law enforcement in eradicating criminal acts of corruption and can also affect the independence of the Eradication of Corruption Crimes within the Corruption Eradication Commission Institution.
Strategy for Handling the Crime of Serious Persecution in Archery Cases in the Community: Criminology and Criminal Law Perspectives , Gunawan; Widowaty, Yeni
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.v24i2.5343

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 Saragih, Sepriandison
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.
Peran Hukum Dalam Menjamin Kepastian Hukum Dan Kepatuhan Dalam Transaksi Bisnis Internasional Fadiya Fitriyanti; Fadhlurrahman, Muhammad Zaidan; 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

Perdagangan internasional semakin berkembang pesat berkat kemajuan teknologi, namun tantangan muncul dari perbedaan sistem hukum dan budaya antar negara. Pemahaman terhadap hukum yang berlaku di masingmasing negara sangat penting untuk memastikan transaksi yang lancar dan penyelesaian sengketa yang efektif. Meskipun perdagangan bebas semakin diterima, hambatan seperti proteksionisme dan tarif masih menjadi tantangan yang signifikan. Oleh karena itu, pemahaman terhadap regulasi internasional sangat diperlukan untuk mengurangi risiko dalam bisnis global. Penelitian ini menggunakan pendekatan kualitatif dengan metode penelitian kepustakaan atau studi literatur, yang mengandalkan literatur sebagai sumber data utama. Rumusan masalah yang diangkat dalam penelitian ini mencakup peran hukum perniagaan internasional dalam menjamin kepastian hukum bagi pelaku bisnis antarnegara, tantangan yang dihadapi terkait perbedaan sistem hukum antarnegara, mekanisme penyelesaian sengketa bisnis internasional, serta pengaruh hukum perniagaan internasionalterhadap regulasi perdagangan digital lintas negara. Hasil penelitian menunjukkan bahwa prinsip kebebasan berkontrak dalam perdagangan internasional perlu diimbangi dengan keadilan dan kepatuhan terhadap hukum nasional dan internasional untuk melindungi pihak yang lebih lemah. Tantangan globalisasi, seperti perbedaan sistem hukum danbudaya, menuntut adanya kerja sama internasional. Selain itu, hukum perniagaan internasional memainkan peran krusial dalam mengatur perdagangan digital, dengan fokus pada harmonisasiperaturan, perlindungan data 3 pribadi, dan kepatuhan terhadap pajak serta hak kekayaan intelektual untuk memastikan perdagangan yang adil dan berkelanjutan.
Legal Review Of Fixed-Term Employment Agreements: Justice For Foreign Workers In Indonesia Noor, Tajuddin; Suhaila Zulkifli; pakpahan, Marlina Elisabeth
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; Rustan, Ahmad; Iskandar Ichlas, Rudi; Umar, Wahyudi
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.

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