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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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Actualization of Bank Principles of Precaution in An Efforts to Protect Customers Against Social Engineering Banking Crime Modes I Made Aditya Mantara Putra Aditya Mantara
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.v24i2.6516

Abstract

This study is based on the increasing cases of social engineering fraud in the banking sector that threaten customer security. The urgency of this study lies in the need to understand how the bank's precautionary principle can be actualized to protect customers from increasingly sophisticated crime modes. The purpose of this study is to analyze the application of the precautionary principle in customer protection efforts and to identify steps that can be taken by banks to reduce the risk of such crimes. The research method used is a normative method supported by empirical data. Empirical data were collected through in-depth interviews with bank management, namely at PT. Bank BRI Denpasar Renon Branch and PT. Bank BPD Bali Denpasar Branch. The results of the study indicate that although banks have implemented several precautionary principles, there are still gaps in their implementation that can be exploited by criminals. This study found that customer education and improving digital security systems are important steps that need to be taken to strengthen customer protection. The output of this study is expected to provide practical recommendations for banks in optimizing the application of the precautionary principle and increasing customer awareness of the potential risks of social engineering crimes. In addition, the results of this study can also be a reference for better banking policies in protecting customers in the digital era
Restorative Justice at the Grassroots: Exploring Cultural Integration and Police Facilitation in Criminal Case Settlements in Waesala, Indonesia Rahawarin, Fauzia; Wattimena, Husin; Muhammad Fadhil; Sahur Ramsay; La Ode Aindo
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.v24i2.6521

Abstract

This study examines the effectiveness of Restorative Justice (RJ) implementation in resolving criminal cases in the jurisdiction of Waesala Police, West Seram Regency, Maluku Province. The study used a Mixed Methods Sequential Explanatory Design approach, combining quantitative analysis based on Structural Equation Modeling (SEM) and qualitative analysis through in-depth interviews and thematic coding with NVivo 12 Plus. The quantitative stage focuses on dimensions such as Police Socialization (SP), Victim Involvement (KK), Process Effectiveness (EP), and Satisfaction and Sense of Justice (KRK). The results of the CFA test showed high validity and reliability of the measurement model, with the dimensions of Empathy (EP) and Cultural Restorative Justice (KRK) as dominant contributors based on a factor loading value of 0.97. Qualitative findings revealed important themes such as barriers to victim education, the role of the police as a facilitator, perceptions of justice, and case criteria that are eligible for RJ. Data triangulation ensured depth of context and theoretical confirmation. The results of the study prove that RJ not only increases procedural satisfaction and social harmony, but is also in line with local cultural values ​​when facilitated properly. This study provides academic contributions as well as practical recommendations for law enforcement institutions in designing RJ policies that are relevant to local conditions.
Incompleteness of Norms Regarding the Deadline for Cancellation of Certificates Above 5 Years in the Context of Land Law Certainty Ari Yuliani, Anggi; Herlindah; Hamidi Masykur, Mohammad
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.v24i2.6525

Abstract

The government has clearly stated the purpose of land registration through the Basic Agrarian Law. This law applies to all regions in Indonesia. It ensures legal certainty for the community. Article 19, paragraph (1) clearly states this. The following articles regulate the stages prior to the issuance of certificates. First, the land area is measured. Then, a map is created in printed form. Once the mapping stage is complete, the data is recorded in a register. The land registration system is inadequate. This has led to overlapping land ownership and procedural errors in land registration. As a result, there are administrative defects in land certificates. These administrative defects can render certificates invalid. Land disputes are common and take a long time to resolve, particularly those related to the invalidation of certificates that have been invalid for more than five years. The application and implementation of policies for resolving these disputes lack complete regulations or have incomplete legal norms. This leads to legal uncertainty in the resolution and ownership of the land
Local Governance and Bureaucratic Reform in Public Policy Perspective: What and How? Cahyono, Anang Sugeng
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.v24i2.6527

Abstract

This study aims to analyze the relationship between local governance and bureaucratic reform from a public policy perspective, focusing on the fundamental questions of what constitutes reform and how it is effectively implemented at the local level. Employing a descriptive qualitative method through literature review and case studies in selected regional governments in Indonesia, this research finds that the success of bureaucratic reform at the local level is strongly influenced by adaptive leadership, active public participation, and institutional capacity to build transparent and accountable systems. The novelty of this study lies in the integration of good governance principles with bureaucratic reform frameworks as a unified approach to improving public sector performance in local governance. Furthermore, this research identifies structural barriers such as weak political will, resistance from bureaucratic actors, and the misalignment between national policies and local needs. The study recommends a contextual approach in designing and implementing bureaucratic reform policies at the local level, including institutional capacity-building, improved vertical and horizontal coordination among government agencies, and enhanced civic engagement in policy supervision and evaluation. The findings contribute theoretically and practically to the discourse on democratic local governance and sustainable bureaucratic reform within the framework of public policy.
Trends in Cyber Dispute Resolution Through Mediation sabela Gayo; Gatot Efrianto
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.v24i2.6528

Abstract

The development of Information Technology has encouraged the emergence of various disputes in cyberspace (cyber disputes), which have different characteristics from conventional disputes. Cyber disputes require an efficient, fast, and effective resolution mechanism. Mediation as an Alternative Dispute Resolution (ADR) method is a relevant solution because it is flexible, private, and efficient. This paper aims to examine the urgency of the use of mediation in cyber dispute resolution as well as the challenges and opportunities of its application in Indonesia. By using normative-juridical methods and conceptual approaches, this paper outlines the potential of online mediation (Online Dispute Resolution) supported by Information Technology in providing equal justice and easy access for the parties
A Legal Protection Of Children With Disabilities In Access To Medical Cannabis Treatment (Case Study Of Pika Sasikirana And Comparison With The Legalization Of Medical Marijuana In Thailand) Cut Sara Devariza Azhari
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.v24i2.6530

Abstract

The objective of this study is to describe the regulation of marijuana in Indonesia and Thailand and examine the impact of marijuana legalization policies in Indonesia and Thailand. This research uses normative legal research, with statutory, and comparative approaches. The results of this study indicate that the regulation of marijuana in Indonesia and Thailand has been regulated through the Narcotics Code B.E. 2564 of 2021, while in Indonesia, marijuana is regulated in Law Number 35 of 2009 concerning Narcotics. Marijuana plants in Indonesia were until now considered haram and disadvantageous. The impact of legalizing medical marijuana in Thailand has advantages in various sectors, such as economic, social, and health. When compared to Indonesia, Indonesia has not yet legalized the use of marijuana for several reasons, including its negative impact, whereas when viewed in terms of what occurs in the community, marijuana can be used as a medicinal material.
The Analysis of Judicial Authority in Issuing Acquittal Decisions shafa aistalia tsara dewi
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.v24i1.6532

Abstract

The existence of courts aims to ensure fair and effective law enforcement. However, cases involving acquittals by the courts have caused controversy, especially when acquittals are deemed inconsistent with the public's sense of justice. This study analyzes the limits of the judge's authority in granting an acquittal. The research method in this study uses a normative juridical approach, focusing on analyzing the legal aspects that underlie the judge's decision. This study found that the importance of the integrity and morality of judges and the need to uphold the principles of justice in every decision taken. This study provides several suggestions, including the need to strengthen supervision of judges' authority and increase transparency in every court decision with clear and detailed explanations.
The Problem of Legal Void and Government Indecisiveness Regarding Environmental Pollution and Damage by Coal Stockpiles Ahmad Redi
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.v24i2.6537

Abstract

Coal stockpile activities spread across various regions in Indonesia have caused serious environmental problems, especially related to air, water, and soil pollution. Although the impacts are real and ongoing, legal regulations for these activities are still tiniest, even showing a fairly crucial legal vacuum. The absence of specific regulations, binding technical standards, and overlapping authority between government agencies has resulted in weak supervision and law enforcement of coal stockpile business actors. This study uses a normative-empirical legal approach with a qualitative analysis method to examine the forms of legal vacuum in environmental management related to coal stockpiles and their implications for community and ecosystem protection. The research results indicate that comprehensive legal reform is needed, both through the formation of new regulations, strengthening the role of local governments, increasing law enforcement effectiveness, and actively involving the public in environmental supervision. The reform is crucial to realize sustainable and environmentally just mining governance.
The Legal Dynamics of the Transfer of Rights Over Undivided Inherited Land and the Legal Consequences on the Validity of the Sale and Purchase Deed Zulfikar Judge
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.v24i2.6538

Abstract

This study discusses the legal dynamics of the transfer of rights over undivided inherited land and the legal consequences on the validity of the Land Deed Official's (PPAT) Sale and Purchase Deed (AJB). In practice, the sale and purchase of undivided inherited land often leads to legal disputes due to the non-fulfillment of the legal requirements for agreements as stipulated in Article 1320 of the Indonesian Civil Code (KUHPerdata). A literature review of secondary data sources, such as laws, legal literature, and pertinent court rulings, is conducted using a normative research approach. According to the study's findings, contracts for the sale and purchase of undivided inherited land are legally void, thus heirs who incur losses may sue for annulment or seek damages. This study also emphasizes the importance of formal inheritance distribution and the role of the PPAT in ensuring the validity of transactions to prevent future disputes. Alternative dispute resolution through mediation is also considered an effective option for maintaining family relationship
Reformulasi Ekstradisi terhadap Kejahatan Lintas Batas Negara di Era Globalisasi (Studi Kasus Warga Negara Rakyat Republik Tiongkok dengan Taiwan) Yusuf Muhamad Said; Muannas Alaidid; Misbahul Huda; Dian Priheryanti Havid
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.v24i2.6540

Abstract

Indonesia's extradition laws, particularly Law No. 1 of 1979, face challenges in the globalization era, especially with cross-border crimes involving citizens from China and Taiwan. The current civil law and administrative procedure system allows for significant government subjectivity, unlike common law systems that prioritize due process and judicial decisions, where individuals can refuse extradition. This was evident in Indonesia's rejection of Taiwanese citizens' extradition to China and Hendra Rahardja's refusal from Australia, highlighting the need to curb politically motivated or unjust refusals. Therefore, reform of Extradition Law No. 1 of 1979, specifically Article 14, is crucial. This reform should enhance legal certainty, reduce subjectivity, and uphold national sovereignty and justice principles. It must also embrace a "living law" concept, aligning with societal values and ensuring practical benefits. Furthermore, Indonesia should actively champion an ASEAN extradition convention with common standards, particularly for sophisticated cybercrime, drawing inspiration from the European Union's model.

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