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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 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 Widianto, Bayu; Sembiring, Chely Br; Yohannes, Hendri
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
The Implementation of Halal Product Guarantee in Indonesia and Malaysia: A Responsive Legal Theory Perspective Fitrian, Achmad
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.v24i2.5980

Abstract

The guarantee of product halal has a very important role in various aspects, especially for Muslim consumers. In Indonesia, the authority related to halal product assurance has indeed been regulated and guaranteed in various laws and regulations. This research focuses on the analysis of the comparison of halal product guarantee laws in Indonesia and Malaysia using an analytical framework with responsive legal theory. This research is a normative legal study with a conceptual, legislative, and comparative approach. The research results emphasize that the main difference in halal certification regulations is that in Indonesia, the important roles of BPJPH and MUI are highlighted, whereas in Malaysia, it is accommodated within a single institution, namely JAKIM. The implementation of halal certification in Malaysia is simpler because everything is regulated by a single body, whereas in Indonesia, halal certification is carried out by several institutions such as BPJPH, LPH, and MUI. From the perspective of responsive law theory, halal product assurance can be considered more responsive because it has involved the role of state governments in halal certification policies for micro, small, and medium enterprises, whereas in Indonesia, local governments have not yet been optimally involved in halal certification policies for micro, small, and medium enterprises. This research recommends that local governments in Indonesia should be involved in formulating regulations and policies to successfully implement halal product guarantees in Indonesia
Legal Analysis of Village-Owned Enterprises in the Free Nutritious Meals Program: Government-Village Collaboration for Children's Nutrition Rights Kamil, Muhammad Ikhsan; Sukarno, Sukarno; Aswadi, Khairul
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.v24i2.5991

Abstract

A major concern in rural development is the cooperation between the central government and communities to satisfy their entitlement to food and enhance the nutrition of kids. By means of local resource management and encouragement of community-based economic activities, Village-Owned Enterprises (BUM Desa) significantly contribute to this endeavour. This study looks at BUM Desa's legal responsibility for carrying out the Free Nutritious Meals Program, evaluates its success in tackling food security and child nutrition in line with human rights standards, and thus aligns with. BUM Desa has major legal, operational, and resource-related difficulties running the program notwithstanding its strategic promise. Its capacity to properly support food security and nutrition enhancements is hampered by regulatory discrepancies, poor institutional capacity, and inadequate cooperation structures. These difficulties generate questions regarding the fit of the current legal system controlling BUM Desa and its conformity with more general human rights responsibilities. Making sure BUM Desa participates meaningfully depends on strengthening this structure.This study emphasises the necessity of harmonised rules and capacity-building initiatives to improve operational performance of BUM Desa. Moreover, guaranteeing sustainable food security in rural areas depends on closer cooperation among the stakeholders. Although BUM Desa has great potential to assist the Free Nutritious Meals Program by using local resources and involving communities, current issues have to be resolved. BUM Desa can help to more successfully reach food security and nutritional objectives by enhancing legal and institutional frameworks and supporting teamwork. This study adds to the conversation on community-driven economic institutions and human rights-based methods of rural development
Transparency and Accountability in Public Services and Policies in Administrative Law: A Comparative Study of Indonesia and Norway Isbandono, Prasetyo; Utami, Dian Arlupi; Prastyawan, Agus; Gamaputra, Gading; Lestari, Yuni
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.v24i2.6029

Abstract

This study aims to compare the application of transparency and accountability principles in public services and policies between Indonesia and Norway within the context of administrative law, as well as to identify the supporting and inhibiting factors affecting their implementation in both countries. The research employs a normative legal method with statutory, comparative, and conceptual approaches to analyze regulations, legal doctrines, and administrative practices related to transparency and accountability in Indonesia and Norway through literature studies and qualitative analysis. The findings reveal significant differences in the implementation of transparency and accountability principles in administrative law between the two countries, both in regulations and practice. Norway has successfully built a transparent and accountable public administration system through strong regulations, independent oversight, and a legal culture that supports information openness and public official accountability. On the other hand, although Indonesia has enacted various regulations, such as the Public Information Disclosure Act and several oversight institutions, implementation still faces numerous challenges, including a lack of transparency in bureaucracy, low public awareness, and persistent corruption. The key factors supporting transparency and accountability effectiveness in Norway include a robust oversight system, digitalization of public services, and high levels of press freedom and public participation. Meanwhile, in Indonesia, the main challenges lie in weak law enforcement, political interference, and inconsistencies in implementing openness and accountability policies
Comparison of Legal Protection for Social Media Choreography Creators Reviewed from Copyright Law Pasaribu, Parlin Sahat Ivandamme
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.v24i2.6067

Abstract

Choreography is one of the creations in art that is protected and regulated in Law Number 28 of 2014 concerning Copyright. This legal writing will discuss the comparison of TikTok, Youtube, and Instagram's rules in protecting choreography copyright, as well as reviewing these rules based on Law Number 28 of 2014 concerning Copyright. The method used is normative juridical by comparing the rules of TikTok, Youtube, and Instagram, and reviewing them with the Copyright Law. The results of the study show that choreography uploaded to social media is protected by law. Then the results of the comparison of TikTok, Youtube, and Instagram rules reviewed with the Copyright Law show that Youtube provides the best protection for choreography copyright, which is then followed by Instagram and finally TikTok.
Women and the Sunda Wiwitan Faith: Maintaining Rights in the Legal System Kusmayanti, Hazar; kania, dede; Sri Mulyanti, Asti
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.v24i2.6072

Abstract

Constitutionally, freedom of religion and belief has been guaranteed in Constitution. The right to embrace religion and belief in God Almighty. However, local believers often experience discrimination against their civil rights, especially the rights of women. This research will examine how the position of women followers of the Sunda Wiwitan belief and all the problems in maintaining their rights. The approach method used in this research is normative juridical through legal principles, legal systematics, and conducted on norms and principles contained in secondary data, which are scattered in primary, secondary, and tertiary legal materials. The Constitutional Court Decision No. 97/2016 has provided new hope for the indigenous faith community, for women, as an integral part of the Sunda Wiwitan community. Women's challenges and difficulties in facing various forms of discrimination to obtain civil rights, such as birth certificates and marriage certificates, are bureaucratic obscurity and lack of understanding of women's rights that often prevent access to public services, which they should receive. In addition, social stigma and negative community views towards traditional beliefs further exacerbate the nuances of this condition. The presence of local women leaders of Sunda Wiwitan, signifies a courageous effort to fight for the rights of indigenous peoples and advocate for more inclusive change. Their efforts show that women in the Sunda Wiwitan community not only play a role as cultural preservationists, but also as agents of change who fight for justice and equality.
RESTORATIVE JUSTICE BETWEEN CHILDREN AS VIOLATORS AND CHILDREN AS VICTIMS IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA Saraswati, Putu Sekarwangi
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.v24i2.6089

Abstract

Children are very valuable assets for a nation, this makes the State must pursue various policies to protect the growth and development of the children themselves. One of the efforts made is to provide maximum protection to children in conflict with the law. Related to children who have problems with the law both as perpetrators and as victims, of course law enforcement officials should provide special space for children in criminal justice related to the punishment of children and the conditions of children who are victims so that children's rights are protected. Efforts to protect the rights of children in conflict with the law, then the settlement of cases against children in conflict with the law and as victims, of course, the settlement requires all elements of both children being perpetrators, children being victims, law enforcement officials, and the community to realize a court based on the protection of children. Justice based on the protection of children in conflict with the law and as victims is one of them by using the principle of restorative justice. Keywords: Children, Juvenile Criminal Justice, Children's Interests, Restorative Justice
Tinjauan Teoretis Negara Kesejahteraan terhadap Keterlibatan Swasta dalam Badan Usaha Milik Negara Sutrirubiyanto Nova, Yuzon; Ruhaeni, Neni; Sri Imaniyati, Neni; Susanto, Susanto
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.v24i2.6096

Abstract

Private involvement in State-Owned Enterprises (SOEs) is a form of strategic transformation in an effort to improve efficiency, competitiveness, and better corporate governance. The problems in this study are: a) How is the implementation of private involvement in BUMN? and b) How is the impact of private involvement on People's Welfare? The research method used is normative juridical. The conclusion of this study is that the implementation of private involvement is carried out through privatization schemes with the main objective of increasing efficiency, capital, and modernizing BUMN management. The impact of private involvement in SOEs includes increased operational efficiency, more transparent and accountable governance, and increased contribution to the national economy. However, this involvement also brings challenges such as the potential for excessive commercialization, conflicts of interest, and the risk of weakening public service functions. Therefore, strong regulations and consistent supervision are needed to ensure synergy between state and private interests in the management of SOEs.

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