cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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
 133   134   135   136   137 
Marginalized Wisdom: Empowering Customary Law in Family Conflict Resolution Badollahi, M Taufan; Saprudin, Sapruddin; Nurkhaerah, Sitti; Budiono, Arief; Absori, Absori; Hanafi, Muhammad Amin
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.v24i2.6378

Abstract

This study aims to construct the form of customary law empowerment as a means of overcoming family conflict. The research design used is empirical legal research with a qualitative-naturalistic approach. The research was conducted in Palu City, especially in Birobuli Utara Village. The data for this study came from field observations and interviews with traditional leaders. The results of the study indicate that customary law empowerment as a means of overcoming family conflict is constructed in the form of implementing alternative dispute resolution, a method of resolving disputes outside the court with mediation and negotiation techniques. Customary law empowerment as a means of overcoming family conflict should continue to be strengthened from various aspects so that it can be more optimal in carrying out its function as an alternative dispute resolution institution, considering that this institution has been proven to be able to resolve family disputes simply, quickly, and at low cost (speedy administration of justice), while maintaining community harmony. Otherwise, this very valuable social capital will only become wisdom that is increasingly being marginalized.
Facing Digital Transformation: The Role of the Prakerja Program in Enhancing Indonesian Workforce Competencies Susanto Soekiman; Garry Brumadyadisty; Muhammad Yus Firdaus; Degdo Suprayitno; Netty Lisdiantini
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.v24i2.6380

Abstract

The Prakerja Program plays a crucial role in addressing Indonesia's demand for a digitally skilled workforce amid rapid technological and economic transformations. This study assesses the program’s effectiveness by employing the European Digital Competence Framework and Kirkpatrick’s Training Evaluation Model. The analysis reveals that while the program ensures accessibility and provides fundamental digital training, it demonstrates notable deficiencies in advanced skill development, sector-specific training, and practical applications. These limitations impede participants' preparedness for specialized employment in the technology sector, creative industries, and startups. The findings emphasize the necessity of an enhanced curriculum that incorporates advanced, modular training and experiential learning opportunities. To improve the program’s efficacy, this study recommends fostering strategic collaborations with industry stakeholders and implementing inclusive educational strategies. Aligning the program with labor market demands is essential for cultivating a highly competent and adaptable workforce in Indonesia’s evolving digital economy.
Criminal Procedure Law Reform on Non-Imposing of Penalty in Judicial Decisions Following the Enactment of Law Number 1 of 2023 on the Indonesian Criminal Code Hasbullah
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.v24i2.6386

Abstract

The reform of criminal law under Law Number 1 of 2023 on the Indonesian Penal Code (KUHP) as the new material criminal law introduces the concept of Judicial Pardon or Rechterlijk Pardon. This reform allows for the possibility of a guilty verdict without the imposition of a criminal sentence in the Indonesian Penal Code. The central issues addressed in this study are: (1) What are the aims and conceptual foundations of Judicial Pardon or Rechterlijk Pardon? and (2) How is the concept regulated under Law Number 1 of 2023 on the Penal Code, Law Number 8 of 1981 on the Criminal Procedure Code (KUHAP), and the 2012 Draft Criminal Procedure Code (RKUHAP)? This study employs a normative juridical method, using both the statute approach and the comparative approach. The research is based on secondary data, gathered through library research, and analyzed qualitatively. The criminal law reform through Law Number 1 of 2023 introduces Judicial Pardon or Rechterlijk Pardon as an alternative consideration for judges, allowing them to refrain from imposing a sentence while still upholding the principles of justice and humanity. However, this reform in the concept has yet to be accommodated within Indonesia’s formal criminal law, as reflected in the Criminal Procedure Code of 1981 and the 2012 Draft Criminal Procedure Code. These codes currently do not recognize Judicial Pardon as a valid form of judgment—that is, a decision wherein a defendant is proven guilty beyond reasonable doubt but is not punished due to judicial clemency. Therefore, harmonization and adjustment are needed to ensure consistency in the application of Judicial Pardon or Rechterlijk Pardon within both material and formal criminal law systems, contributing to a more coherent and unified criminal justice system in Indonesia.
Implications of The Establishment of The IKN Authority on The Structure and Authority of The East Kalimantan Province Regional Government Cipta Indralestari Rachman; Monica Ruzz N; Nina Rosida
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.v24i2.6388

Abstract

The relocation of the Nusantara Capital City (IKN) to the archipelago opens up significant opportunities to support equitable development but also presents challenges in harmonizing authority between the IKN Authority and the East Kalimantan Regional Government. This research will examine two main issues. First, the reason for the administration of the government in the Capital City of the Archipelago is carried out by the Authority Institution. Second, what are the implications of the establishment of the IKN Authority on the structure and authority of the regional apparatus of East Kalimantan Province. This study is expected to provide an in-depth understanding of the changes that occur and their impact on local government. The research method used is Normative Juridical research by examining the applicable legal rules related to the establishment of the IKN Authority and how these rules affect the structure and authority of the regional apparatus of East Kalimantan Province. In this research, the author uses several types of approaches to broaden insight, sharpen analysis, and focus on the problems studied, namely the statutory approach, conceptual approach, and comparative approach. This study aims to examine the reasons for managing the government of the Capital City of the Archipelago through the Authority Institution and its effect on the structure and authority of the regional apparatus of East Kalimantan Province. The implementation of the IKN government is carried out by the Authority which acts as an extension of the central government, allowing flexibility in the management and structure of the IKN area. The IKN Authority and the East Kalimantan Provincial Government have different but complementary authorities. To avoid conflicts due to potential overlapping policies, clear coordination and harmonization are needed so that both parties can carry out their duties effectively.
Legal Consequences Of Insider Trading In Limited Liability Companies triana, 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.v24i2.6394

Abstract

The background of this study focuses on insider trading practices and the legal consequences for insider trading perpetrators in limited liability companies. The specific target of this study is to explain the legal consequences for insider trading perpetrators. The insider trading phenomenon is pivotal to examining the limited liability companies' evolution, as insider trading may impact the company's prospects. Insider Trading provides many benefits for its perpetrators, including obtaining accurate information from insiders regarding the company's prospects in the future. This information can augment stock prices and can also decrease significantly. It allows the perpetrators to gain extraordinary profits by buying or selling earlier than other parties. Through insider trading, investors can earn profits that other parties may not enjoy. Indonesia classifies insider trading as a crime. This point is in line with Law Number 8 of 1995 regarding the Capital Market, which prohibits individuals possessing insider information about a company from purchasing or selling shares in the capital market.
Legal Analysis of Prerogative Rights of Papua Representative Council Members Appointed Under The Special Autonomy Framework to Nominate Governor and Deputy Governor Candidates in Regional Elections Yusak Elisa Reba
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.v24i2.6396

Abstract

This study aims to analyze, from a legal perspective, the rights of members of the Papua Representative Council (DPRP) appointed under the Special Autonomy framework to nominate candidates for Governor and Deputy Governor in regional elections in Papua Province. This type of research is normative juridical, using a statutory approach. The legal materials used consist of three types: primary legal materials, secondary legal materials, and tertiary legal materials. Primary legal materials include central and regional legislation, particularly the Papua Special Autonomy Law, the Second Amendment to the Papua Special Autonomy Law, and Government Regulation No. 106 of 2021. Secondary legal materials consist of research findings on Special Autonomy that have been published in academic journals. Tertiary legal materials include references such as the Kamus Besar Bahasa Indonesia (KBBI). The findings of this study indicate that (1) Both elected and appointed members of the DPRP hold equal status in terms of duties, authority, and function as representatives of the people at the regional level. However, in terms of the right to nominate candidates for Governor and Deputy Governor in the regional elections within the context of Special Autonomy in Papua Province, appointed DPRP members do not have equal status with elected DPRP members. (2) Although the appointed DPRP members meet the numerical requirements to propose candidates for Governor and Deputy Governor, they are not granted such rights under Law No. 21 of 2001 concerning Special Autonomy for Papua Province, its Second Amendment through Law No. 2 of 2021, or Law No. 1 of 2015 concerning Regional Head Elections.
Land Use Planning And Land Control Analysis On The Buffer Area Of The Asahan Hilir River Onny Medaline; Kuswandi
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.v24i2.6398

Abstract

This research examines land use planning and land control in the buffer zone of the Asahan Hilir River, a strategic area that intersects between the City of Tanjung Balai and Asahan Regency. North Sumatra Province. The river buffer zone is a protected area that has important ecological functions but is under pressure due to the development of settlements, plantations, and infrastructure that do not align with its intended use. The method used is empirical legal research and case studies, focusing on the inventory of land ownership status and land utilization. The study results show that based on inventory data, there are still settlements established without ownership rights to the land, either in the form of land rights certificates, based on control status, found in the study area in Asahan Regency and Tanjung Balai City totaling 7344 plots, with land rights status or lease status, as well as based on the use and utilization of space, including: community settlements, government and non-government buildings, markets, public facilities, state-owned enterprise plantations, private and community plantations, as well as palm oil mills (PKS) and sand mines. There are conflicts of interest between environmental preservation, regional development interests, and community needs. This research recommends a multidisciplinary approach in reorganizing the river buffer zone, through strengthening regulations, law enforcement, community participation, and the application of incentive and disincentive systems to encourage land use that aligns with its ecological functions.
Implications of the Most Favoured Nation Principle in the Investment Law for National Economic Interests Novitasari, Triana
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.v24i2.6400

Abstract

The Most Favoured Nation (MFN) principle is one of the basic principles of international agreements in regulating each WTO member with the aim of creating global economic liberalism. Indonesia is one of the developing countries that is a member of the WTO which automatically applies The Most Favoured Nation (MFN) principle and is one of the principles governing capital investment as stated in Law Number 25 of 2007 concerning Capital Investment. However, on the one hand, international agreements have their own polemics because in general many say they favor western countries (developed countries) and tend to be more detrimental to developing countries. In overcoming this situation, the middle path theory provides a view regarding Foreign Investment (PMA) which states that foreign investment has positive and negative impacts on economic development, especially for developing countries, so there is a need for a filter in applying The Most Favoured Nation (MFN) principle so that interests national economy continues to be achieved. In this writing, the author wants to analyze the role of the regime of Law Number 25 of 2007 concerning Investment in implementing The Most Favoured Nation (MFN) principle by focusing on what Indonesia should choose if there is a dilemma in choosing between upholding the principles of international agreements or interests. national economy in implementing foreign investment regulations.
The Effectiveness of the Notary's Role in the Inheritance Distribution Process in Society: A Comparative Study Between Batak Toba Customary Law and Civil Law Margaretha, Natasya
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.v24i2.6401

Abstract

This paper aims to find out and analyze the role of notaries in the process of distributing inheritance to the community, especially to the Toba Batak Customary Law and Civil Law and how to implement the Toba Batak customary inheritance law itself to people living outside their customary territory. The inheritance system in the Batak Toba community adheres to a patrilineal system where children born in the Batak Toba tribe will inherit their fathers where the correct ones who are considered heirs are sons. Along with the development of the times, that the inheritance system in the Batak Toba community itself has changed, especially for urban communities where for urban communities the Batak Toba tribe follows the national law, namely the Civil Code, where the distribution of inheritance for boys and women will get the same share.
Prevention Of Personal Data Abuse In The Company's Deed Of Establishment On The Idx.com Website Sigiro, Thasya Novita
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.v24i2.6404

Abstract

During the Initial Public Offering (IPO) process on the capital market, a company must submit a Prospectus to the Financial Services Authority (OJK), which is a document enabling potential investors to make well-informed decisions. The document is essential for adhering to the disclosure principle, which requires that all company information be disclosed to potential investors who wish to invest capital in the company. This study examines the potential for the misuse of personal information resulting from a lack of data review or censorship in the founding documents of a limited liability company, which is also detailed in the Prospectus hosted on the idx.com website, and outlines measures that can be implemented to prevent such data misuse. This paper argues for the censorship of the appearing party’s personal details, including address and National Idenitity Number, in order to prevent their misuse by other parties, as suggested by this research

Page 135 of 162 | Total Record : 1613

 133   134   135   136   137 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue