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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 1,718 Documents
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The Legal Policy for Agricultural Cooperatives as a Pillar of an Empowered National Economy Wahid Hadi Purnomo; Budi Santoso; Paramita Prananingtyas
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.v24i2.6844

Abstract

Agricultural cooperatives play a strategic role in national economic development, particularly in strengthening food security and empowering farmers. However, their contribution in Indonesia remains low due to weak institutions and historical dependence on state intervention. This article examines the role of legal structure in building integrated and independent agricultural cooperatives, using a normative legal approach and Lawrence M. Friedman's legal system theory, which emphasizes three main elements: structure, substance, and legal culture. Findings indicate that the failure of cooperatives like Agricultural Cooperative and Village Unit Cooperative was triggered by ineffective, bureaucratic, and unresponsive legal structures that failed to adapt to grassroots institutional dynamics. Compared to the success of the National Agricultural Cooperative Federation (NACF) in South Korea, legal structure reforms in Indonesia need to focus on strengthening cooperative institutions, promoting vertical-horizontal integration, and fostering solid inter-agency coordination. The state should act as a facilitator, not a dominator, by providing a legal ecosystem that enables cooperatives to grow as competitive, inclusive, and sustainable people's economic forces.
Reconstruction of Tax Collection in a Fair Bankruptcy Process in Indonesia Januardo Sulung P Sihombing; Ignatius Pradipa Probondaru; I Gede Yudi Arsawan
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.v24i1.6861

Abstract

The preamble of the 1945 Constitution of the Republic of Indonesia expresses the hope for a prosperous of the Republic of Indonesia. Achieving this prosperity nation requires adequate state revenue, with taxes playing a crucial role. However, taxes are closely tied to the sustainability of a healthy economy. On the path to a prosperous nation, many businesses face bankruptcy, which often leads to delays in tax debt payments. According to bankruptcy, in refer to article 21 of the KUP Law, tax bills are prioritized over other debts. However, there remains a dual interpretationbregarding the hierarchy of creditor payments duringbthe bankruptcy process. Therefore, the state, through itsbtaxation authority, has a responsibility to ensure that taxes—a vital source of state revenue—are accounted for in bankruptcy proceedings. This ensures that the state does not lose a critical source of income needed to distribute tax benefits and maintain public welfare. This study aims to offer insights into the fairness of tax bill settlements within the bankruptcy process. The findings indicate that there is a need for equitable tax collection in bankruptcy cases in Indonesia.
A Legal Approach Towards The Role of Transformational Leadership In Eradication Strategy of Drug Criminal Acts by The Gayo Lues Resort Police Hyrowo; Diyan Isnaeni; Moh. Muhibbin
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.v24i2.6868

Abstract

Gayo Lues Regency in Aceh Province is widely recognized as one of Indonesia’s major cannabis-producing regions. The area’s geographical isolation, limited infrastructure and resources, and complex socio-cultural dynamics make narcotics eradication efforts particularly challenging. This article examines how transformational leadership exercised by the Gayo Lues Police Chief is implemented within narcotics law-enforcement strategies and how the national legal framework strengthens their effectiveness. This research is a normative juridical approach combined with a case-study method, drawing on in-depth interviews with the Police Chief, senior officers, and community leaders. Data were analyzed qualitatively using thematic analysis to identify key patterns emerging from interviews and legal documents. The analysis focuses on the four core dimensions of transformational leadership idealized influence, inspirational motivation, intellectual stimulation, and individualized consideration and integrates these with the principles of administrative law. Findings reveal that transformational leadership at the Gayo Lues Police is manifested through moral exemplarity and humanistic work ethics, recognition and performance-based motivation, participatory strategic planning across units, and strengthened communication with local leaders and customary institutions. This leadership style has fostered an open, collaborative, and integrity-driven organizational climate, significantly improving the performance of the Narcotics Investigation Unit. The narcotics control strategy rests on four pillars prevention, precision enforcement, rehabilitation, and restorative justice in alignment with Minister of Health Regulation No. 7 of 2025, Police Regulation No. 8 of 2021, and the National Action Plan for Drug Abuse Prevention and Eradication (RAN P4GN) 2025–2029. Moreover, the study highlights an integration between law and leadership in which law functions not merely as a coercive tool but as an educational and moral instrument. The Police Chief’s progressive and empathetic interpretation of the law exemplifies ethical law enforcement that balances authority with social compassion. In conclusion, transformational leadership plays a pivotal role in enhancing the legitimacy and effectiveness of narcotics law enforcement in high-risk regions
Reconstruction of Business Legal Ethics from the Perspective of the Principles of Good Faith and Contractual Fairness N Agus Adyatma Narwadi; I Nyoman Budiana; I Gede Agus Kurniawan
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.v24i2.6888

Abstract

Contracts in modern business practice serve not only as binding legal instruments but also as vehicles for realizing ethical values between parties. However, in reality, many commercial agreements are drafted solely based on the principle of freedom of contract, without adequate regard for the principles of good faith and contractual justice, which are essential to ensuring a fair balance of rights and obligations. The legal issue addressed in this study concerns the absence of explicit regulation regarding ethical standards in contract performance, particularly the role of good faith as a moral and legal foundation binding the parties. This study aims to reconstruct business legal ethics by positioning the principles of good faith and contractual justice as normative elements within Indonesia's civil law system. The research adopts a normative juridical method, utilizing both conceptual and statutory approaches, supported by doctrinal analysis and relevant jurisprudence. The findings indicate that the principle of good faith, as stipulated in Article 1338(3) of the Indonesian Civil Code, holds strong potential as a legal basis for assessing the moral legitimacy of contract execution. Similarly, the principle of contractual justice may serve as a corrective mechanism against imbalanced or exploitative business practices. Therefore, reconstructing business legal ethics through these two principles is crucial for developing a contractual system that is fair, morally grounded, and responsive to evolving socio-economic dynamics.
Development of PjBL-Based Pancasila Education E- Module with AI-Powered Interactive Content for Strengthening Character Values High School Students in Padang City Tiara Wulandari; Al Rafni; Maria Montessori; Junaidi Indrawadi
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.v24i1.6899

Abstract

This research aims to develop e-modules of Pancasila Education based on Project- Based Learning (PjBL) with the help of AI-Powered Interactive Content to support the strengthening of the character of high school students. The development process follows the ADDIE model which consists of the stages of analysis, design, development, implementation, and evaluation. The analysis stage was conducted through teacher interviews, student questionnaires, as well as curriculum and literature studies to identify the need for relevant teaching materials, student characteristics, and materials that support character value learning. The product was developed in the form of a flipbook-based interactive digital e-module that contains materials, collaborative project activities, QR-code learning videos, and character reflection elements. Validation was conducted by material, media, and language experts, with the results showing a very high level of validity in the aspects of content, language, and visual design. The practicality test involved three teachers and thirty students, resulting in an average score of 3.810 and 3.646 which indicated that the e-module was classified as very practical to use. The effectiveness test through pretest and posttest in the experimental class showed a significant increase in learning outcomes (p < .001), with Cohen's d of 3.393. In addition to cognitive improvement, character values such as caring, responsibility, and cooperation were also strengthened based on teacher assessment and student self-assessment. Based on these findings, the e-module is declared valid, practical, and effective as an alternative learning media that is contextual and relevant to the needs of the digital generation
Rural Green Financing for Energy Transition : Confronting Challenges In Village-Based Implementation Indria Wahyuni; Emanuel Sujatmoko; Wilda Prihatiningtyas; Deah Ajeng Pramudita
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.v24i2.6910

Abstract

Indonesia’s target of achieving net-zero emissions by 2060 requires a massive energy transition, which must be implemented starting at the village level. Green energy independence at the village level will significantly contribute to the national energy mix target. Given that the energy transition entails a substantial financial burden, private sector participation is imperative. Green bonds have emerged as a viable financing instrument, with Village-Owned Enterprises serving as strategic entities for implementation. This study examines the challenges of accessing green financing to strengthen village capacity in undertaking energy transition initiatives. Employing a normative juridical approach—encompassing statutory, conceptual, and comparative analyses—the research highlights the critical role of green bonds, as one of the key financial mechanisms, in advancing village-based energy transition. The findings indicate that while green bonds are recognised as an important financing tool, their legal framework remains underdeveloped, thereby limiting their potential as an effective instrument of green financing
Kedudukan Filsafat Hukum Dalam Pembentukan Politik Hukum Negara Sebagai Upaya Mewujudkan Keadilan: Kedudukan Filsafat Hukum Dalam Pembentukan Politik Hukum Negara Sebagai Upaya Mewujudkan Keadilan Firda Farikha Ramadani; Mario Adiluz Permana; Berliana Kusuma Wardani
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.v24i1.6912

Abstract

Legal philosophy plays a strategic role in shaping the direction and orientation of state legal policy, particularly in realizing the ideals of justice. As a branch of philosophy that studies the nature of law, its underlying values, and the purpose of its formation, legal philosophy serves as a normative foundation that guides policymakers so that legal products are not merely legal-formal, but also full of moral and humanitarian values. State legal politics is essentially the state's policy and strategy in forming, implementing, and enforcing laws to achieve certain goals idealized by the constitution. In this context, legal philosophy provides a conceptual framework for determining the principles of justice to be realized, both based on classical theories of justice such as distributive , commutative , and legal justice according to Aristotle, as well as modern theories such as social justice ala John Rawls . The relationship between the two is complementary: legal philosophy provides ethical justification and value direction, while legal politics translates them into applicable positive norms. This research uses a juridical-normative approach with a literature review of legal philosophy theories, legal politics concepts, and the practice of law formation in Indonesia. The study's findings indicate that the absence of a strong philosophical foundation in legal politics has the potential to produce legislation that is unequal, inconsistent, or even contrary to society's sense of justice. Conversely, integrating legal philosophy into the legal policy formulation process can produce a more responsive, humanistic, and just legal system, in accordance with the mandate of the Preamble to the 1945 Constitution and Pancasila as the source of all sources of state law. Thus, legal philosophy is not merely theoretical, but also a crucial instrument in social engineering through law, to ensure the creation of a just, prosperous, and dignified society.
Venture Capital Investment Model: The Aspect of Losing Soul "Due to the Current of the Times" Sri Harini Dwiyatmi; Selvie Novitasari; Exsa Nur Chika Amitha; Radiktya Ricky Setyawan
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.v24i2.6926

Abstract

Venture capital was initially introduced in Indonesia as an alternative financing instrument oriented towards empowering small, medium, and startup businesses with growth potential. Through capital participation mechanisms, venture capital not only provides funds but also managerial support and access to business networks. Capital participation, which was initially driven by the spirit of economic equality, now tends to focus on profitability, valuation, and exit strategies. This shift has given rise to a phenomenon that can be termed "loss of soul," namely the fading of the social function and the goal of developing a people's economy, which is the philosophical background for the birth of venture capital. This article aims to legally examine the capital participation model in venture capital in Indonesia and analyze the shift in legal orientation that underlies it. This research uses normative legal research methods with statutory, conceptual, and comparative approaches. The analysis is carried out to assess the suitability between the prevailing legal norms and the ideals of economic empowerment that should be upheld. The results of the study show that venture capital regulations emphasize more on legal certainty for investors than protection for SMEs, resulting in an imbalance of interests. Therefore, legal reform and strengthening the role of the OJK are needed to ensure that the venture capital participation model retains the "soul" of empowerment, in line with the principle of social justice in national economic development
Criminal Law Regulations on Health in Indonesia and Thailand: A Review of the Protection of the Rights of Patients and Medical Personnel I Komang Sartika; Ni Gusti Agung Ayu Mas Tri Wulandari
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.v24i2.6931

Abstract

The regulation of criminal health law in Indonesia and Thailand differs in legal systems and approaches, where Indonesia follows a civil law system, while Thailand adopts a mixed legal system, impacting legal protection for patients and medical personnel as well as the effectiveness of law enforcement in healthcare services. This study aims to analyze the regulation of criminal health law and the dispute resolution mechanisms in Indonesia and Thailand in ensuring legal protection for patients and medical personnel while balancing the interests of both parties. This research employs a normative legal method with a statutory, comparative, and conceptual approach to analyze criminal health law regulations in Indonesia and Thailand, utilizing literature studies and qualitative analysis to assess the effectiveness of legal protection for patients and medical personnel in both countries. The findings reveal that the regulation of criminal health law in Indonesia and Thailand aims to protect patients and medical personnel but differs in legal systems and medical dispute resolution mechanisms. Indonesia, which adheres to the civil law system, regulates the criminal liability of medical personnel through the Criminal Code (KUHP), the Health Law, and the Medical Practice Law, yet still faces challenges in distinguishing professional negligence from criminal offenses, often leading to the criminalization of medical personnel.. Thailand's more flexible approach reduces the risk of criminalizing medical personnel while ensuring patients receive their rights, whereas Indonesia still needs to develop a more effective compensation system to balance the interests of patients and medical personnel
The Principle of Utmost Good Faith in Insurance Following the Decision of the Constitutional Court of the Republic of Indonesia Number 83/PUU-XXII/2024 Evi; Hezron Sabar Rotua Tinambunan; Joanita Jalianery
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.v24i2.6940

Abstract

The principle of utmost good faith is the primary foundation of insurance contracts, requiring transparency between the insurer and the insured. This principle ensures contractual fairness by requiring both parties not to conceal material facts that could affect the validity of the contract. The Constitutional Court of the Republic of Indonesia Decision Number 83/PUU-XXII/2024 introduces a new dimension to the application of this principle, particularly regarding the protection of the insured's constitutional rights and the strengthening of insurance companies' transparency obligations. This article aims to analyze the implications of the Constitutional Court's decision on the practice of implementing the principle of utmost good faith, both from a doctrinal and normative perspective. The research method used is normative legal research with a statutory and case-based approach. The results of the study indicate that the Constitutional Court's decision emphasizes the urgency of the principle of utmost good faith as a legal protection mechanism that balances the interests of insurance companies and the rights of the insured.

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