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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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Legal Consequences of Electronic Trial at the State Administrative Court Pattipawae, Dezonda Rosiana
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.v24i2.6445

Abstract

Electronic trials apply a series of actions using the sophistication of digital technology ranging from complaint services to the trial process. The pattern of electronic trials is problematic because the electronic trial system can experience obstacles originating from network devices or internet network systems. In this study, a normative legal approach or library law is also used, namely legal research conducted by examining library materials or secondary data. Research or normative legal literature includes the legal force of electronic trials in state administrative courts, and the legal consequences if electronic trials are not held. Based on this research, it can be concluded that if the trial is not carried out, the trial process can be considered invalid or not in accordance with procedures. This can result in the verdict taken in the electronic trial being null and void which results in the electronic trial being transferred to a conventional trial.
Juli Legality And Accountability Of The Process Of Destruction Of Evidence Of Illegal Fishing With The Involvement Of A Notary: Legality And Accountability Of The Process Of Destruction Of Evidence Of Illegal Fishing With The Involvement Of A Notary Moertiono, Juli
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.v24i2.6448

Abstract

The destruction of evidence in illegal fishing cases is an important step in law enforcement to ensure that evidence is not misused and in accordance with the provisions of the law. This article discusses the legality and accountability of the process of destroying illegal fishing evidence by highlighting the role of notaries as authorized public officials. This study uses a juridical-normative approach with literature analysis of relevant regulations. The results of the study show that the involvement of notaries contributes significantly to supporting legal transparency and accountability. More specific regulations are needed to increase synergy between notaries and law enforcement agencies in the process of destroying evidence. The destruction of evidence in illegal fishing cases is a very important step in law enforcement to prevent the misuse of evidence and ensure that the legal process runs in accordance with the provisions of the law. Evidence of illegal fishing, such as illegally caught fish, prohibited fishing gear, or boats, often has high economic value and has the potential to cause greater losses if not managed properly. Therefore, the process of destroying evidence not only requires strict supervision, but must also be carried out with valid documentation to provide legal certainty. However, the results of the study also show a number of challenges in practice, including the lack of specific regulations that regulate the involvement of notaries in detail in illegal fishing cases. Therefore, it is necessary to strengthen regulations to increase synergy between notaries and law enforcement agencies, such as the police and prosecutor's office, to ensure that the process of destroying evidence is carried out legally, transparently, and accountably.
Public Service Innovation in Public Administration: Case Analysis of E-Government Implementation in Surabaya City Government Suhardoyo; Meithiana Indrasari; Safutra Rantona; Ike Devi Sulistyaningtyas; Tito Rachmanto
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.v24i2.6450

Abstract

The implementation of e-government has emerged as a critical catalyst for public service innovation, with the primary goals of enhancing efficiency, transparency, and citizen participation in public administration. This qualitative case study explores the e-government initiatives implemented by the Surabaya City Government, establishing Surabaya as a leader in digital governance within Indonesia. Despite the global and national focus on e-government systems, a substantial research gap persists in understanding the specific challenges and outcomes faced by local governments, particularly within Indonesia's socio-political framework. Employing qualitative methods, such as in-depth interviews with government officials and citizens, this study analyzes the implementation strategies, the impact on public service delivery, and the influence of government officials, technological infrastructure, and organizational culture on the success of e-government. The findings indicate that while e-government has enhanced administrative efficiency and service accessibility, significant challenges, including digital literacy, infrastructural limitations, and political resistance, remain. Additionally, although citizen engagement has improved, certain population segments continue to face barriers due to the digital divide. This research advances the existing literature by providing a detailed examination of local e-government implementation and offering practical recommendations for overcoming challenges in similar settings.
Judge's Reasoning in Determining Environmental Restoration Losses in Unlawful Acts in Forest Fire Cases (Examination of Decision Number 108/Pdt.G/2015/PN.Jkt.Utr.) Alvina, Hera; Wahyudi, Ikhsan; Permata S, Nathania; Farhan; Pratama, Yudi
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.v24i2.6451

Abstract

Forest and land fires in Indonesia have become a persistent and complex legal issue, particularly concerning the determination of environmental losses and the effectiveness of compensation mechanisms for restoration. This article examines the legal reasoning employed by judges in determining environmental restoration losses in civil cases concerning forest fires. The main issues addressed in this research are the basis of judicial reasoning in establishing the value of environmental damages and the extent to which environmental restoration methods can be recognized as a form of legal compensation. The objective of this study is to evaluate and critique the legal logic and approaches adopted by judges in case number 108/Pdt.G/2015/PN.Jkt.Utr., as well as to formulate future standards for assessing environmental losses. This research utilizes a normative juridical method with both case and conceptual approaches. Data were collected through literature review and legal documents, and subsequently analyzed qualitatively. The findings indicate that judges still face challenges in determining the value of environmental losses due to the absence of established ecological valuation standards. This research contributes to strengthening the paradigm of restoration-based environmental law and encourages the development of more comprehensive ecological valuation methods.
Effectiveness of Criminal Law Enforcement against Corporations: Procedural Analysis and Mechanisms of Cross Country Criminal Justice Gadjong, Agussalim A
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. 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.v24i1.6462

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.

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