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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 Legality and Legal Validity of Online Auctions: A Normative Study in the Era of Public Service Digitalization Dewi , Ni Komang Sri Oka Mariana; Kurniawan, I Gede Agus
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.v24i2.6488

Abstract

This research examines the legality and legal validity of online auctions within the framework of applicable laws and regulations, and assesses its consistency with the principles of administrative law and legal protection for the parties. The purpose of this study is to analyze whether the implementation of online auctions has an adequate legal basis and how the formal and material validity of online auctions is normatively guaranteed. This research uses juridical-normative method with statutory approach and conceptual approach. The data analysis technique is carried out qualitatively by reviewing relevant laws and regulations, including the Minister of Finance Regulation (PMK), the Regulation of the Public Procurement Policy Agency (LKPP), and other technical regulations for the implementation of online auctions. The novelty of this research lies in the normative evaluation of the convergence between positive law and the rapidly growing practice of digital auctions. The results show that although the implementation of online auctions has been accommodated in a number of regulations, there are still lacunae of norms and inconsistencies between regulations that have the potential to cause legal uncertainty. On the other hand, the legal validity aspect of online auctions is still considered not fully fulfilling the principles of transparency, accountability, and legal protection for participants. This study recommends the establishment of special regulations regarding online auctions in the form of laws or at least comprehensive government regulations, in order to strengthen the legal basis and ensure certainty and justice in the practice of online auctions in the digital era.
The Existence of Pancasila as a National Legal Identity in the Midst of Globalization Soraya, Joice; Muslim, Shohib
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.v24i2.6489

Abstract

Pancasila, as the nation's foundation and source of all legal sources in Indonesia, plays a fundamental role in shaping the national legal identity. However, in the era of globalization, marked by the penetration of foreign legal values and liberalization across various sectors, the existence of Pancasila faces serious challenges both ideologically and normatively. This study aims to analyze how Pancasila remains relevant as the national legal identity in the face of globalization dynamics. The study employs a normative research approach using legal and philosophical frameworks. Data analysis is conducted qualitatively through a literature review of primary and secondary legal documents. The novelty of this research lies in its emphasis on the importance of repositioning the role of Pancasila not only as an ideological symbol but also as an operational principle in the formation and implementation of national law. The results of the study show that although globalization has an impact on the adaptation of the national legal system, the values of Pancasila can still serve as a solid foundation for the formulation of legal policies as long as there is a revitalization of understanding and institutional strengthening. The re-actualization of Pancasila values in national legal products has proven capable of filtering out global influences that are not in line with the character of the nation. This study recommends the need to strengthen Pancasila-based legal education, harmonize regulations with the noble values of the nation, and establish an ideological supervisory body to ensure that all laws and regulations are in line with Pancasila values as the national legal identity.
Comparison of Railway Regulations Between Indonesia and Japan from a Consumer Protection Perspective: What and How? Churniawan, Erifendi; Ependi, Ahmad
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.v24i2.6490

Abstract

This study examines the comparative regulatory framework governing the railway systems in Indonesia and Japan from the perspective of consumer protection. The research is grounded in the significance of ensuring quality public services in the railway transportation sector and the necessity of safeguarding consumer rights as service users. The primary objective of this research is to analyze the differences and similarities in railway regulations between Indonesia and Japan and to evaluate the extent to which consumer protection is accommodated within policy and implementation frameworks. This study employs a normative legal research method, utilizing a comparative law approach and a conceptual approach. Data analysis techniques include document review, statutory and regulatory analysis, and literature study related to transport regulation and public policy. The novelty of this study lies in its specific focus on consumer protection within railway transport regulation—an aspect that has rarely been studied comparatively between two countries with differing legal systems and infrastructure frameworks. The findings indicate that Japan has developed a more integrated consumer protection system, emphasizing service standards, compensation mechanisms, and operator accountability. In contrast, consumer protection in Indonesia remains general in nature and has yet to be regulated specifically within the railway sector. The study recommends that Indonesian policymakers strengthen railway regulations by explicitly incorporating principles of consumer protection and adopting best legal practices from Japan’s more consumer-oriented regulatory system.
Baselines Issues In Determining The Delimitation Of Indonesia's Maritime Boundaries With Neighboring States Purwanti, Evi; Anhari, Radifan
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.v24i2.6493

Abstract

Maritime boundaries play a strategic role in determining a state's sovereignty limits, managing natural resources, and maintaining national security and stability. The establishment of a baseline is a crucial element in maritime boundary delimitation, especially for archipelagic states such as Indonesia. This study aims to identify the legal effects of the baseline and analyze the challenges Indonesia faces in applying the maritime delimitation provisions under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Based on the analysis, the findings reveal two primary factors influencing Indonesia's application of baseline provisions under UNCLOS 1982. First, the supporting factors include: the legal certainty of a maximum 12-nautical-mile territorial sea; the legal guarantee for the exploration and exploitation of marine natural resources that better fulfills the element of equity for developing countries; and UNCLOS 1982’s flexibility in accommodating the geographical and geological uniqueness of coastal states through various baseline classifications and state types. Second, there are challenges in implementation, including: vague interpretations of several UNCLOS provisions, which lead to divergent state practices in drawing baselines; the absence of sanctions or formal reprimands for violations, leaving such deviations uncorrected unless resolved through international adjudication; and technical inconsistencies in determining maritime boundary coordinates, which complicate consensus between neighboring states. This study underscores the importance of adopting innovative legal approaches and enhancing coordination among national and international institutions to ensure the legitimate and sustainable enforcement of Indonesia’s maritime boundaries.
Analysis of the Preah Vihear Temple Dispute in the Perspective of International Law on the Acquisition of State Territorial Sovereignty Hartono, Darminto; Rani, Anisyah
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.v24i2.6495

Abstract

The Preah Vihear Temple dispute between Thailand and Cambodia is one of the most complex examples of border conflicts in Southeast Asia, which have lasted for more than six decades. The dispute stemmed from differences in interpretation of French colonial maps and claims of sovereignty over the area around the temple. The International Court of Justice (ICJ) in 1962 designated the Preah Vihear Temple as part of Cambodian territory, but tensions continued until finally in 2013, the ICJ reaffirmed Cambodia's sovereignty over the entire temple grounds. This study analyzes the dispute from the perspective of international law on the acquisition of territorial sovereignty, highlighting the principles of estoppel, acquiescence, and uti possidetis juris. It was found that settlement through international adjudication mechanisms provides strong legal legitimacy to Cambodia's claims, while affirming the importance of respect for the boundaries of colonial heritage in accordance with the principles of international law. This dispute also highlights the need to protect the world's cultural heritage in the midst of conflicts between countries.
Service Management in Non-Communicable Disease Prevention Regulations in the Perspective of Public Value Management (Study at Singosari Health Center Malang Regency) Athiyyah Putri Andini
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.v24i2.6501

Abstract

Management of non-communicable disease (NCD) prevention services is one of the major challenges in the current public health system, especially at the primary service level such as the Health Center at the Singosari Health Center, Malang Regency, various NCD prevention efforts have been carried out, but there is still a gap between program policies and their implementation in the field. This study aims to analyze management service prevention PTM in Health Center The Lion City Malang Regency through three main aspects: public value, legitimacy and support, and operational efficiency. This study uses a qualitative approach with a data collection method in the form of interviews which aims to gather information about the description of the implementation of disease prevention service management. The results of interviews with five informants showed that the community was quite satisfied with the services provided, especially screening and early detection. This program has received support from various parties, including the Health Office and local government. However, there are still challenges in the form of a lack of evaluation systems, limited facilities, and low public awareness. Strengthening cross-sector collaboration and utilizing technology is needed to increase the effectiveness of the program.
Criminal Responsibility for Perpetrators Distributing Content Electronic Gambling (Analysis of Decision Number: 367/ Pid.Sus /2025/Pn. Mdn) Munthe, Riswan
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.v24i2.6502

Abstract

Study This to describe related problem gambling that focuses on regulation offense load gambling based on regulation legislation in Indonesia and Accountability criminal for perpetrator distribute gambling through Electronic analysis decision number : 367/ Pid.Sus /2025/ PN . Mdn ). The research method used namely type study legal normative , so the data used is secondary data , and do data analysis with qualitative . Based on results found that arrangement offense load gambling based on regulation legislation in Indonesia , namely load gambling has regulated in the Criminal Code and Law Law No. 7 of 1974 concerning Orderliness Gambling , if offense gambling normal . As well as Article 27 paragraph (2) of the Law Republic of Indonesia Number 1 of 2024 Concerning Change Secondly , under the Law Republic of Indonesia Number 11 of 2008 Concerning Information and Transactions Electronics . Accountability criminal for perpetrator distribute gambling through Electronic based on analysis decision number : 367/ Pid.Sus /2025/PN. Mdn ) namely accountability criminal has fulfil elements , which are the perpetrators proven without right distribute , transmit and or make can accessible information electronics and or document electronics that have load gambling so that element the has fulfilled and has been dropped punishment criminal in accordance Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of the Law Republic of Indonesia Number 1 of 2024 Concerning Change Secondly , under the Law Republic of Indonesia Number 11 of 2008 Concerning Information and Transactions Electronic has fulfilled , and stated has proven in a way valid and convincing do act criminal gambling
Negotiating Tradition: The Role of the Uma in the Kinship Structure of the Mentawai People in Pasakiat Taileleu Melania; Maria Montessori; Isnarmi; Susi Fitria 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.v24i1.6503

Abstract

This research aims to analyze the existence of uma in the community kinship system in Taileleu, describe the taileleu community's response to the existence of uma in culture for daily life, identify the effo rts of the younger generation to preserve uma in Mentawai culture. The method used in this research is qualitative. Informants in this study amounted to 20 people who were selected by porposive sampling. Data collection techniques are observation, interview and documentation study. The data validity test uses the source triangulation method. The results showed that the existence of uma in the kinship of the taileleu community can be seen from the spiritual function that each side of the uma has a spirit, 1. Orat, 2. bakkat katcaila, 3. Ngong, 4. Abu, 5. Baibajat, 6. Salipak, 7. Tuddukat. Social function 1. To gather in planning a traditional party, 2. As a place to live for some family members, especially the rimata or elders, 3. As a means of traditional parties. Uma as a place to store food such as taro, bananas, sago, and the results of hunted pigs and the results of traditional parties that are salted. In the taileleu community's response to the existence of uma in Mentawai culture for daily life, 1. Uma is still needed, 2. Uma needs to be preserved, 3. Local government attention is needed in preserving uma. Efforts to involve the younger generation to preserve uma in Mentawai culture, 1. Participate in repairing uma that have been deer.
Analisis Keputusan 80PDT.G2018PN.DPS Nominee & Perjanjian Penanaman Modal Asing di Indonesia Ramadhania, Weny Ramadhania; Angelina, Piramitha; Christmas, Sandy Kurnia Christmas; Vitranilla, Yudith Evametha Vitranilla; Akbar, Muhammad Fadhly Akbar
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.v24i2.6506

Abstract

This article examines Denpasar District Court Decision No. 80/Pdt.G/2018/PN Dps relating to nominee agreements in collaboration at Bali Restaurants involving foreigners and Indonesian citizens which focuses on problems arising from the existence of a Nominee Agreement in terms of Foreign Investment in Indonesia as well as the application of law in Investment Foreigners comply with the legal certainty of investing, therefore the aim of this article is to provide an overview and analysis of these two aspects. This article uses a normative approach by analyzing secondary data qualitatively. The result of the article is that Decision No. 80/Pdt.G/2018/PN Dps has prohibited the use of Nominee Agreements in Foreign Investment in order to maintain transparency and a fair investment climate. The ruling confirms the Nominee Agreement prohibition for the sake of legal certainty in foreign investment, and the government is committed to regulatory compliance to support sustainable economic development. Therefore, as a legal product, foreign investment is required to comply with Indonesian investment law in accordance with Denpasar District Court Decision No. 80/Pdt.G/2018/PN.DPS, and the judge emphasized the obligation of Foreign Investment to comply with investment law provisions, reflecting the application of legal certainty in investing in Indonesia
Immunity of Advocates In The Criminal Investigation Process: Balancing Professional Ethics and Law Enforcement Bhat, Manoj; Taufik, Moh.; Marwiyah, Siti
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.v24i2.6507

Abstract

The purpose of this study is to analyze the limits of advocate immunity in the criminal investigation process in Indonesia according to positive law and professional ethics, and to examine efforts to achieve a balance between the protection of the advocate profession and law enforcement through the application of professional ethics. This study uses a normative legal method with a statutory, conceptual, case, historical, and comparative approach through literature studies and descriptive-qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study indicate that advocate immunity in the criminal investigation process in Indonesia is a form of legal protection that is limited and depends on good faith, namely as long as the advocate's actions are carried out professionally, honestly, and in accordance with the law and the professional code of ethics, then he cannot be punished; however, if the advocate exceeds these limits, the advocate can still be held criminally responsible, so that the balance between professional protection and law enforcement can only be achieved through the application of firm, consistent, and adaptive professional ethics as a moral guideline as well as a control mechanism to maintain the integrity of the profession and prevent the abuse of immunity in legal practice

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