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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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Effectiveness of Criminal Law Enforcement against Corporations: Procedural Analysis and Mechanisms of Cross Country Criminal Justice Agussalim A Gadjong
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.v24i2.6452

Abstract

The regulation on regional heads in Indonesia, as stipulated in Article 18 of the 1945 Constitution of the Republic of Indonesia and the Regional Government Law, prioritizes the principles of democracy and regional autonomy, with an emphasis on direct elections by the people to ensure accountability and legitimacy. However, the appointment of acting regional heads (Pj) that does not involve direct community participation has raised criticism regarding transparency, legitimacy, and lack of public participation. This study aims to formulate regulations related to the appointment of acting regional heads during the transition period to realize responsive law. This study is a normative legal study that prioritizes conceptual and legislative approaches. The results of the study confirm that a responsive legal approach can be a solution, by emphasizing the importance of legal flexibility to respond to community needs, as well as increasing openness, participation, and accountability in the process of appointing Pj. The appointment of Pj by the President and the Minister of Home Affairs without community participation risks worsening the centralization of power, reducing the role of community participation, and damaging the essence of democracy. Therefore, more inclusive reforms are needed in this process to strengthen a government system that is more responsive to community aspirations. Therefore, revisions to the Regional Government Law and the Regional Election Law are very necessary to ensure a more transparent, accountable, and better community involvement in the appointment process for Acting Heads.
The Shift in Divorce Patterns among Muslim Families in Gorontalo Dikson T. Yasin
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.v24i2.6455

Abstract

In Gorontalo, over 600 divorce rulings were issued in 2022, with the majority stemming from a weakening of marital commitment. This study investigates the evolving divorce patterns among Muslim families in Gorontalo, highlighting two key shifts. First are attitudinal shifts, where social media platforms are frequently misused as instruments of online infidelity. Second are behavioral shifts, where marriage is increasingly perceived as a temporary and negotiable bond, no longer anchored firmly in religious and moral values. Employing a qualitative, field-based approach, this research draws upon direct observations and in-depth interviews with divorced or divorcing Muslim couples. An empirical framework is used to explore the socio-cultural and technological dynamics shaping divorce, with a particular emphasis on judicial data from the Gorontalo Religious Court. Findings reveal a substantial transformation in the patterns of divorce driven by two interrelated forces. First, the pervasive presence of social media has accelerated the internalization of materialistic and consumerist ideals, which in turn erode moral consciousness and reshape both attitudes and behaviors within the marital relationship. Second, social media has contributed to a transformation in divorce typology—from traditionally talaq-based divorces (initiated by husbands) to a rise in contested divorces (initiated by wives). This shift reflects changing power dynamics and an emerging trend in which women increasingly claim their legal agency to terminate marriages they perceive as dissatisfying or unjust
An Analysis of the Implementation of Good Governance Principles in the Management of Village-Owned Enterprises (BUMDes): A Case Study in Sabungan Village, Sipahutar District, North Tapanuli Regency Elma Lastiarma; Susi Fitria Dewi; Al Rafni; Junaidi
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.v24i2.6457

Abstract

This study aims to analyze the implementation of Good Governance principles in the management of the Village-Owned Enterprise (BUMDes) in Sabungan Village. The implementation of Good Governance is assessed through five sub-indicators: (1) Transparency, (2) Accountability, (3) Community Participation, (4) Efficiency and Effectiveness, and (5) Rule of Law.The research uses a Mixed Method approach with a Sequential Explanatory Design (quantitative followed by qualitative explanation). The study involved 92 respondents for the questionnaire and 13 informants selected through purposive sampling. Data collection techniques included questionnaires, interviews, and documentation. The validity of quantitative data was tested using validity and reliability tests, while qualitative data was validated using source triangulation. The quantitative findings indicate a high level of implementation of Good Governance principles in the management of BUMDes in Sabungan Village. The most strongly implemented principle was Accountability, with a percentage of 22.65% and 36.96% of respondents agreeing. In contrast, the lowest was Community Participation, with 18.05% and 28.70% agreement. The qualitative results revealed several challenges and strategies. The challenges include:(1) Limited capital in the management of BUMDes Martabe in Sabungan Village and its implications for business development,(2) Lack of public understanding of regulations in the use of BUMDes Martabe facilities, and(3) Non-compliance of some community members in repaying loans to BUMDes, reflecting low awareness levels. The proposed strategies to enhance the effectiveness and sustainability of locally-based BUMDes are:(1) Strengthening capital through deliberation and collective approaches,(2) Efforts to create transparent and equitable governance, and(3) Improving loan repayment compliance through the integration of local wisdom in BUMDes management, such as incorporating local values in various social and economic aspects. In this context, Batak social systems are emphasized, including:(1) Marsidapari (mutual cooperation in BUMDes management),(2) Marsipature Hutanabe (building the hometown together), and (3) Dalihan Na Tolu (a harmonious social structure).
Organizational Communication Dynamics within the Indonesian Pediatric Society: An Analysis of Internal and External Relations in Strengthening Professionalism and Health Advocacy Ade Rachmat Yudiyanto; Syukur Kholil
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6462

Abstract

This study analyzes the internal and external communication dynamics within the Indonesian Pediatric Society (IDAI), a professional medical organization that plays a strategic role in enhancing pediatricians' professionalism and advocating for child health in Indonesia. Adopting a qualitative approach through a case study method, the research collected data via in-depth interviews with IDAI executives, pediatric specialists, and a review of relevant documents. Findings indicate that internal communication within IDAI serves a crucial function in program coordination, member engagement, and the dissemination of policy information and medical education. Meanwhile, external communication with government bodies, the media, and the public contributes to strengthening child health advocacy and countering misinformation. Despite IDAI's efforts to optimize digital technology in both internal and external communication, challenges remain—particularly in building organizational cohesion and ensuring effective public outreach. This study underscores the importance of adaptive and participatory communication strategies to enhance the effectiveness of professional medical organizations. The findings offer valuable insights into the development of more responsive and strategic organizational communication within the health sector.
The Authority of the Selection Working Group in the Implementation of the Direct Appointment Method in the Procurement of Consulting Services: A Legal Perspective at the Palembang Aviation Polytechnic Abdul Latif Mahfuz; Dedy Aryanto; Romli SA; Saparyanto
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.v24i2.6466

Abstract

Procurement of goods and services in the public sector requires special attention to compliance with applicable laws and regulations, especially in terms of implementing procurement methods. One method used is direct appointment, which allows the Selection Working Group to appoint service providers without going through an open auction, with certain conditions. This study aims to analyze the authority of the Selection Working Group in implementing direct appointment in the procurement of consulting services at the Palembang Aviation Polytechnic, as well as to examine its implementation from the perspective of applicable law. This study uses a normative legal method with a statutory approach and case studies, involving an analysis of related laws and regulations, procurement documents, and interviews with related parties. The results of the study indicate that although direct appointment can be applied under certain conditions, its implementation at the Palembang Aviation Polytechnic often experiences obstacles in terms of transparency and accountability. This study also found that the authority of the Selection Working Group needs to be strengthened with stricter supervision to ensure that legal principles are maintained. The recommendations put forward are the need to improve understanding and training for members of the Selection Working Group and improvements in internal oversight mechanisms to optimize the implementation of procurement in accordance with legal provisions.
The Authority Of The Public Prosecutor In Confiscation Of Asset For Perpetrators Of Money Laundering Criminal Acts With Offshore Conversion Scheme: Authority Of The Public Prosecutor In Confiscation Of Asset For Perpetrators Of Money Laundering Criminal Acts With Offshore Conversion Scheme angelica laura
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.v24i2.6470

Abstract

The purpose of this research is to analyze the law in Indonesia which regulates the confiscation of assets of perpetrators of money laundering crimes using overseas conversion schemes which place assets resulting from criminal acts abroad, as well as identifying the scope of the Public Prosecutor's authority in handling money laundering criminal cases with an offshore conversion scheme. By using normative juridical research methods, it was found that currently the main regulation for money laundering criminal cases is Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. Meanwhile, the authority of the Prosecutor as Public Prosecutor is regulated in Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia. There are progressive steps in the preparation of legal regulations in the field of money laundering, namely the drafting of the Draft Law on Asset Confiscation which allows the Public Prosecutor as the executor of the judge's decision to carry out asset confiscation in rem, as well known as non-conviction based forfeiture asset, that means legal action against the assets themselves, not against to the asset itself. individual (in personam) as in ordinary criminal cases.
Providing Legal Protection for Holders of Electronic Land Certificates Dini Ernawati, Asri Wijayanti, Fajar Rachmad Dwi Miarsa
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.v24i2.6471

Abstract

Digital transformation in Indonesia’s land administration is being realized through the implementation of Electronic Land Certificates, aiming to enhance efficiency, transparency, and legal certainty. This study explores the evidentiary strength and legal protection afforded to holders of electronic land certificates. Using a normative legal approach, the analysis draws on relevant legal frameworks, including the Electronic Information and Transactions Law, the Consumer Protection Law, and Ministry Regulation No. 3 of 2023 of the National Land Agency/Agrarian Affairs and Spatial Planning. The findings indicate that electronic land certificates are legally valid as evidence in court, safeguarded by data security regulations, and supported by encryption technologies, electronic signatures, and QR codes. Legal protection is provided through both preventive and repressive measures, covering rights to information, personal data security, and dispute resolution mechanisms. However, several challenges persist, especially in regard to digital literacy and infrastructure, and system integration. In conclusion, the successful adoption of electronic land certificates depends on regulatory coherence, technological readiness, and active public participation to establish a secure and reliable digital land administration system
The Impact of Song Piracy on Digital Platforms on the Income of Indonesian Artists Iskandar Iskandar
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.v24i1.6472

Abstract

The advancement of digital technology has facilitated music access through various platforms but also presents a significant challenge in the form of song piracy, which greatly impacts the income and career sustainability of Indonesian artists. This study employs a qualitative approach with normative analysis of copyright regulations, music industry reports, and secondary data to identify the impacts and driving factors of piracy and to formulate strategic steps to address it. The findings reveal that song piracy reduces royalties, diminishes the commercial appeal of artists, and is exacerbated by low public awareness, weak law enforcement, and ineffective copyright protection mechanisms on digital platforms. This study recommends synergy between the government, digital platforms, and the public through education, stricter law enforcement, and innovation to create a safer and more sustainable music ecosystem.
Digital Optimization of Productive Waqf Management for the Economic Empowerment of the Ummah: A Case Study in Semarang City Bahrul Fawaid; Mochamad Subchan Mauludin
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.v24i1.6473

Abstract

Waqf plays a significant role in social and economic development, particularly in Muslim-majority countries like Indonesia. However, its utilization remains limited to traditional sectors such as places of worship and education, while its potential for economic activities remains underdeveloped. This study aims to explore the management of productive waqf in Semarang City through Islamic financing and digitalization approaches. This research employs a qualitative method with a normative-empirical approach, analyzing waqf regulations and the implementation of digitalization. The results show that out of 2,175 waqf land plots in Semarang, the majority are not yet managed productively. Islamic financing models such as ijarah, musyarakah, and cash waqf can be applied to optimize waqf utilization. Additionally, digitalization facilitates collaboration between waqif, nazhir, and investors, enhancing transparency and management efficiency. In conclusion, with Islamic financing models and digitalization, the potential of productive waqf in Semarang City can be optimized, providing a positive impact on societal welfare and economic empowerment.
Tax Court in Indonesia: System and Principles of Rechmatigheid and Doelmatigheid Testing Adib Brilian Muhammad; Mastur; Arum Widiastuti
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.v24i1.6474

Abstract

The Tax Court is defined as a judicial institution with legal authority as per Law Number 14 of 2002. However, upon closer examination, there are two judicial systems in various legal countries: the unity of jurisdiction, which is adopted by rule of law countries, where only one set of courts exists without recognizing the existence of administrative courts (including tax courts), and the duality of jurisdiction, which recognizes the existence of administrative and state administrative courts. These two systems not only differ in the organizational structure of the courts but also in legal substance and procedural law. In Indonesia, research shows that the judicial system is unique. When viewed from the perspective of the court's organizational structure, it is closer to the unity of jurisdiction system, but in terms of court principles or dispute resolution procedures, it aligns more with the duality of jurisdiction system. Therefore, the author concludes that Indonesia's judicial system is a mixed system.

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