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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 Balance and Environmental Sustainability in Indonesia’s Mineral and Coal Licensing Regime: A Normative Study Based on Pancasila Tijow, Lusiana Margareth
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.v24i2.6688

Abstract

Indonesia's mineral and coal licensing regime is caught between the need for economic growth and the need to protect the environment. The purpose of this normative legal research is to examine the regulatory architecture in the mineral and coal mining industry from the perspective of Pancasila as the basis of state philosophy, with particular emphasis on the principles of environmental preservation and the precepts of social justice. This article evaluates the consistency, coherence, and adequacy of the licensing regime in ensuring ecological sustainability and resource distribution using a doctrinal approach based on normative juridical analysis of legislation, the constitution, and Pancasila-based legal theory. The results show that the prevailing legal framework is unbalanced. Current regulations focus more on administrative efficiency and investment attractiveness, but do not adequately internalize the intergenerational environmental responsibilities established by the 1945 Constitution and environmental regulations. This article proposes urgent legal reform towards an integrative paradigm that brings together legal certainty, distributive justice, and environmental sustainability based on the third and fifth precepts of Pancasila. To create a balanced legal design, sustainable development principles such as precaution, ecological integrity, and participatory governance are used as standards. The study found that the mining licensing regime should be adapted to a legal theory based on Pancasila and sustainability principles. This is an important step towards equitable and sustainable natural resource governance in Indonesia. The results provide an important reference for academics, environmental stakeholders and policy makers.
EVALUATION OF THE EXISTENCE OF OTHER LAWS AND REGULATIONS FROM THE PERSPECTIVE OF LEGISLATIVE SCIENCE Tajali Nur, Insan; Vivi Yulianingrum, Aullia; Utomo, Setiyo Utomo
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.v24i2.6690

Abstract

This article is to analyze the existence of other laws and regulations listed in Article 8 of Law Number 12 of 2011 concerning the Formation of Laws and Regulations; which is assumed to be regulation . The current condition is that the legal product in question is in its formation it is very easy and fast to handle state affairs. However, the scope and testing are not yet clear. and the amount is uncontrolled. The main problem of this research; First , in the form of the need to evaluate the characteristics of the legal product contained in Article 8 in the a quo provisions . Second , tracing position law or degree of other laws and regulations with regulation legislation is seen from the perspective of legal science. The method used is classified as normative legal research with a legal and doctrinal approach. Thus, the results of this study explain several important things, namely First , there were findings in the form of differences characteristics between statutory regulations (regeling) and legislative regulations other (policy regulations) or called as a Regulation Policy. The difference in legal status can be measured through several indicators such as the formation, scope or nature and its testing. Both sit down regulation legislation other as regulation implementer to synergize regulations and policies through separation of the position of other laws and regulations to be included in laws which are per se related to government administration with touchstone of General Principles of Good Governance through Administrative Justice
The Relationship of State Power Branches in the Perspective of Trias Politika Theory After 25 Years of Reform Haryanti, Amelia
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.v24i2.6698

Abstract

This study examines the configuration of relations between the branches of state power in Indonesia—executive, legislative, and judicial—from the perspective of the trias politika theory, after two and a half decades of the reform era. The 1998 reform became an important milestone in the paradigm shift in the state constitution, marked by efforts to redistribute power to erode the dominance of the executive that emerged during the New Order period. With a juridical-normative approach and qualitative-descriptive analysis methods, this study examines various laws and regulations, institutional practices, and important decisions of judicial institutions that reflect the dynamics of relations between branches of power. The findings show that although normatively there is a more proportionate separation and division of powers, there are still practical identification of the tendency to dominate the executive branch, weak legislative control, and challenges to the independence of the judiciary. The implication of this condition shows the need to substantively strengthen the principle of checks and balances, as well as continuous institutional reform so that the ideals of trias politik can be actualized in a democratic and accountable system of government.
KORUPSI BERSELUBUNG DALAM KEBIJAKAN TATA NIAGA TIMAH SEBAGAI BENTUK ANCAMAN BAGI KEAMANAN LINGKUNGAN Djuni Thamrin
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.v24i2.6699

Abstract

Corruption is a major enemy of this nation that must be eradicated. The fight against various forms of corruption, from this perspective, is a dynamic within the realm of environmental security. This domain focuses on threats and risks related to the management of environmental resources, rather than threats from external aggression. It emphasizes the regulation of state resource governance to ensure that these resources are fully utilized for the welfare of the people. Public policy becomes a strategic arena that is structured to contribute to national development. However, such policies are implemented by state actors and, in practice, can be “opened up” for personal gain. Article 4, paragraph (2) of Indonesian Law No. 3 of 2020 on Mineral and Coal Mining (Minerba) states that the control of mineral and coal resources lies with the State. This means that only the central government holds the authority over their governance, which in turn centralizes the potential for corruption. This qualitative descriptive study aims to investigate how policy corruption becomes a threat to national security by further analyzing the tin trade governance within the mining concession area of PT Timah from 2015 to 2022. The academic findings conclude that in the case of the tin trade governance in PT Timah's mining concession from 2015 to 2022, state actors specifically officials from the Directorate General of Mineral and Coal at the Ministry of Energy and Mineral Resources (ESDM) unlawfully altered the 2019 Work and Budget Plan. These actions were carried out in collusion to benefit themselves and illegal tin mining operations, including foreign investors dominating this strategic sector. Novelty: The emphasis on asset recovery efforts as a form of impoverishment for corruptors, intended as a deterrent.
Reconstruction of Coercive Measures in the Indonesian Corruption Criminal Justice System Asnawi; Febrian; Nashriana; Nelson, Febby Mutiara
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.v24i2.6701

Abstract

This study examines the reconstruction of coercive measures within Indonesia’s criminal justice system for corruption cases, with a focus on procedural disparities among law enforcement agencies and the urgency for reform in criminal procedural law. The legal issues addressed include the disharmony in implementing coercive actions—such as arrest, detention, search, and seizure—among institutions like the Police, the Prosecutor's Office, and the Corruption Eradication Commission (KPK). The aim of this research is to formulate a direction for reconstructing a more integrated and just system of coercive measures in handling corruption cases. The study adopts a normative juridical method, utilizing statutory and conceptual approaches, and is analyzed qualitatively. The novelty of this research lies in its proposed design of a coercive measures system based on institutional integration and the principle of due process of law, which has not yet been explicitly regulated in Indonesia's current legal framework. The findings reveal overlapping authorities and procedural inconsistencies that hinder the effectiveness of law enforcement. The main recommendation is to revise the Indonesian Code of Criminal Procedure (KUHAP) by incorporating coordinating norms among institutions and standardized procedures for coercive measures in corruption cases, in order to ensure accountability and the protection of suspects' fundamental rights.
URGENCY OF RESPONSIBILITY GOVERNMENT IN FULFILLMENT CONSTITUTIONAL RIGHTS OF PERSONS WITH DISABILITIES TO GET FAIR EMPLOYMENT Mashari, Mashari
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.v24i2.6709

Abstract

Government Responsibility in fulfil right constitutional citizens whoguarantee continuity life every citizens , including people withdisabilities who have not yet obtained employment according toexisting regulations. Formulation of problems in research Thisincluding : fulfillment right constitutional sufferer disability to get a jobis not fair; and urgency of responsibility answer government infulfillment right constitutional sufferer disability to get fair work. Thisresearch method uses a normative legal research type, namely researchusing secondary data as the main data, while primary data assupporting data. This research also uses a legislative approach, aconceptual approach, a comparative approach, and a case approach.Research Results This show Arrangement right constitutional suffererdisability to get a job moment This regulated in Article 5 paragraph (1)of Law Number 8 of 2016 concerning Persons with Disabilities , whichstates that the Government and Regional Governments have aresponsibility to fulfill the rights of Persons with Disabilities.Fulfillment right constitutional sufferer disability to get a job is not fairbecause internal factors still exist low level education suffererdisabilities that become reason existence gap skills between suffererdisability with worker normal . While external factors still have limitedaccessibility in various aspects of life, such as education, health,transportation, and work. Urgency of Responsibility Government infulfillment right constitutional sufferer disability To obtain fair work,Article 27 paragraph (2) of the 1945 Constitution of the Republic ofIndonesia regulates the right of every person to work and obtain adecent income. While the right constitutional sufferer disability to geta job at an agency or BUMN or BUMD or Private sector that does notcomply provisions of Article 53 of the Law Number 8 of 2016concerning There are no sanctions for people with disabilities, thisshould be given strict sanctions so that it can be realized properly .
LEGAL PROTECTION FOR THE INSURED IN AN INSURANCE AGREEMENT IN THE EVENT OF A CLAIM DEFAULT Widyorini, Sri Retno; Nur Hanifah, Salma
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.v24i2.6710

Abstract

The phenomenon of insurance default that occurs to customers is relatedto research on critical evaluation of the Indonesian national legal systemand identifying the mechanism for resolving insurance law conflicts. Themethod used is normative juridical research with empirical andlegislative approaches, the data collected comes from literature studiesand literature studies. The data was analyzed qualitatively to analyzeinsurance laws in Indonesia, as well as the lack of regulations related tothe process of insurance. The results of the study show that although therehave been a number of regulations, such as Law Number 40 of 2014concerning Insurance and the Consumer Protection Law, theimplementation of legal protection for customers is still weak, especiallyin terms of settling claims and corporate liability in default. The disputeresolution mechanism through the courts, BPSK, and LAPS SJK also doesnot fully guarantee legal certainty and the effectiveness of theimplementation of the decision. The absence of policy underwriters andweak integration of the legal system put customers in a legallydisadvantaged position. This study recommends the establishment of aPolicy Guarantee Institution, strengthening the authority of disputeresolution institutions, and harmonizing regulations to strengthen legalprotection for customers. The implications of this study are important forimproving the insurance legal system in Indonesia, in order to realizefair, certain, and useful consumer protection in real terms
IMPLEMENTATION OF THE PROSECUTOR'S AUTHORITY IN THE IMPLEMENTATION OF JUSTICE FOR VICTIMS OF NARCOTICS ABUSE ACCORDING TO POSITIVE LAW Ridwan, Andri; Djumhur Salikin , Adang; Sugianto, Sugianto; Sukardi , Didi; Lala , Andi
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.v24i2.6711

Abstract

Narcotics pose a global issue that jeopardizes public order and endangersboth physical and mental well-being. Narcotics usage in Indonesia hasevolved into a multifaceted issue with extensive ramifications,encompassing legal, social, psychological, and humanitarian dimensions.This study aims to evaluate the prosecutor's authority in implementingrestorative justice for victims of narcotics misuse, in accordance withstatutory legislation. The employed methodology is a qualitativedescriptive approach. Data was acquired through comprehensive surveysand conversations with prosecutors regarding the execution of theirpowers. What is the function of the prosecutor's office within the criminaljustice system concerning positive law? Describing Narcotics AbuseCases through Restorative Justice by the Prosecutor's Office TheRestorative Justice Approach serves as an application of the Prosecutor'sDominus Litis Principle, allowing the Prosecutor's Office the discretionto cease prosecution of narcotics abuse suspects, thereby fostering ajustice system that prioritizes rehabilitation over mere criminalization.
Contestation of Interests in the Development of Civil Virtue in the Nagari Community Aizil, Septri; Moeis, Isnarmi; Rafni, Al; Afdhal, Muhammad
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.v24i1.6726

Abstract

This study examines the dynamics of interest contestation in developing civic virtue within Nagari communities, specifically focusing on Nagari Sungai Pua following the 2023 Nagari Head Election (PILWANA). Through qualitative descriptive research conducted over three months (October-December 2023), involving 25 key informants from various social elements, this study reveals how political contestation significantly influences the development of civic values in traditional communities. The findings demonstrate that interest contestation manifests in three primary dimensions: social fragmentation patterns, transformation of collective decision-making mechanisms, and reconfiguration of traditional value systems. The research identifies that post-election polarization has created complex alliance networks transcending traditional tribal boundaries, affecting both formal social structures and informal community dynamics. Furthermore, the study highlights how modernization pressures have led to the development of sophisticated filtering mechanisms in selecting and adapting new values while maintaining fundamental principles rooted in local traditions. This research contributes to understanding how traditional communities navigate the challenges of maintaining civic virtue amid contemporary political dynamics, offering insights for policy development in local governance strengthening and social cohesion enhancement. The study suggests that successful civic virtue development depends heavily on the community's ability to manage interest contestation through constructive dialogue and public deliberation, emphasizing the importance of developing inclusive strategies that bridge various stakeholder interests while preserving traditional values.
Legal Protection of Copyright as a Digital Asset in Technology-Based Commercial Transactions in Indonesia Ariy khaerudin
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.v24i1.6736

Abstract

The development of digital technology has driven the transformation of the global economy, including in Indonesia, through the commercialization of digital assets such as creative works, Non-Fungible Tokens (NFTs), and e-commerce platforms. However, the national legal system is still unable to accommodate these dynamics comprehensively. This study aims to analyze the effectiveness of legal protection of CopyrightCopyright as a digital asset in technology-based transactions, using normative legal methods and legislative, conceptual, and comparative legal approaches. The results of the study show that Law Number 28 of 2014 concerning Copyright and related regulations still has a gap in norms in dealing with new forms of digital intellectual property, weak law enforcement, and limited technical understanding by law enforcement officers. In addition, the less-than-optimal regulation in the financial, taxation, and personal data protection sectors increases the legal risks for digital economy actors, especially MSMEs and content creators. Therefore, responsive legal reforms are needed to strengthen the digital justice system, integrate technologies such as blockchain and AI, and increase legal literacy and coordination between institutions. This reform is important to create a fair, safe, and sustainable digital ecosystem that supports the growth of the national creative economy.

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