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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 “Constitutional Interest” Paradigm vs. the “Constitutional Injury” Requirement in Judicial Review Requests Andi Arfan Sahabuddin
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.v24i1.7124

Abstract

The purpose of this study is to analyze these different paradigms, examine the consistency of their application in Constitutional Court decisions, and assess their implications for access to constitutional justice in Indonesia. The research method used is normative legal research with a statute and case approach. Data were obtained through a review of relevant laws, legal doctrine, and analysis of Constitutional Court decisions, then analyzed qualitatively to identify the Court's argumentation patterns. The results show that the Constitutional Court tends to use the "constitutional injury" paradigm as the primary standard in assessing an applicant's legal standing. However, in some cases, the Court also considers the "constitutional interest" paradigm when a constitutional issue is deemed to concern the broader public interest. This creates inconsistencies in judicial practice and demonstrates the considerable scope for interpretation for constitutional judges. The distinction between the interest and injury paradigms reflects the tension between the principle of judicial prudence and the need to expand access to constitutional justice. Clarity of standards is needed by the Constitutional Court to avoid legal uncertainty and to ensure that citizens' constitutional rights are consistently protected
Cryptocurrency and Digital Asset Regulation: A Comparative Analysis of Economic and Business Law in Indonesia and India Kadek Novita Dewi; 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.v24i2.7141

Abstract

The rapid growth of cryptocurrencies and digital assets has created significant challenges for governments in regulating economic and business activities. Both Indonesia and India face similar issues concerning legal certainty, investor protection, and financial stability, yet they have adopted different regulatory approaches. This research aims to analyze and compare the regulatory frameworks governing cryptocurrencies and digital assets in Indonesia and India, using a comparative legal method that examines legislation, regulatory guidelines, and policies in both countries, supported by doctrinal interpretation and secondary literature. The findings reveal that Indonesia officially prohibits the use of cryptocurrencies as a means of payment but allows them to be traded as commodities under the supervision of the Commodity Futures Trading Regulatory Agency (Bappebti). In contrast, India has demonstrated a dynamic regulatory stance—initially imposing restrictions on cryptocurrency activities, later introducing a taxation framework, and currently considering the implementation of a central bank digital currency (CBDC). Despite these differences, both jurisdictions share the same fundamental objectives: to safeguard the financial system, prevent money laundering, and protect consumers. Indonesia’s approach emphasizes strict market controls and legal certainty through prohibitions on payment functions, while India’s model reflects regulatory fluidity and growing fiscal integration. This comparative analysis underscores the evolving nature of cryptocurrency governance in developing economies and highlights the need for balanced frameworks that promote innovation while maintaining financial stability and legal coherence.
The Role of Environmental Law in Realizing Environmental Sovereignty to Ensure Social and Environmental Justice Mas Subagyo Eko Prasetyo
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.v24i1.7142

Abstract

This study aims to analyze the role of environmental law in realizing environmental sovereignty as an effort to ensure social and environmental justice. Environmental law is viewed not only as a normative instrument but also as a strategic means to regulate, protect, and sustainably manage natural resources. Using a normative-juridical approach with qualitative descriptive analysis, this study examines applicable regulations, environmental law principles, and their implementation in the context of ecosystem protection and the fulfillment of community rights. The results indicate that the implementation of environmental law in Indonesia has a strong legal basis through Article 28H and Article 33 paragraph (3) of the 1945 Constitution, as well as Law No. 32 of 2009 concerning Environmental Protection and Management. Environmental law plays a crucial role in realizing environmental sovereignty because it guarantees the community's right to a good and healthy environment and regulates the management of natural resources for the people's prosperity. However, in practice, various obstacles remain, such as conflicts between economic development and ecosystem protection, weak law enforcement, limited human resources, low public awareness, and regulatory weaknesses that often stop at the normative level. This indicates a gap between ideal regulations and their implementation in the field.
ULTIMUM REMEDIUM AS A MECHANISM FOR STATE LOSS RECOVERY IN CORPORATE TAX CRIMES: AN ISLAMIC LAW PERSPECTIVE Nur Hakim; Yuhelson Yuhelson
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.7174

Abstract

The principle of ultimum remedium in tax criminal law is designed as thefinal boundary of law enforcement, to be used only when administrativemeasures are no longer effective. However, in the practice of handlingcorporate tax crimes in Indonesia, this principle is often disregarded,resulting in punishment becoming the first step rather than the last resort.This study aims to analyze the effectiveness of ultimum remedium as amechanism for state loss recovery and to assess the extent to which itsimplementation reflects the principles of justice and fiscal efficiency.Additionally, this study examines the relevance of this principle from anIslamic law perspective, particularly in relation to the concept ofrestorative justice and the state's role in realizing public welfare(maslahah). Using a normative juridical approach supported byempirical data from court decisions and interviews, this study finds thatthe ultimum remedium principle has not been consistently applied andtends to have no significant impact on state financial recovery. From anIslamic law standpoint, these findings reinforce the argument that asystem prioritizing the restoration of state rights (the rights of Baitul Mal)should take precedence over physical sanctions, in accordance with thespirit of justice oriented toward public benefit. As a novel contribution,this study proposes a restorative fiscal justice approach model thatpositions ultimum remedium as an active strategy for recovering losses,not merely as a principle of criminal limitation. These findings areexpected to strengthen the direction of economic criminal law reformtoward a system that is more proportional, efficient, and adaptive to stateneeds, while aligning with ethical and religious values.
Cooperatives As Pillars Of A People-Centered Economy: A Constitutional Law Analysis Of Cooperative Regulation In Indonesia A. Saiful Aziz; Mahmutarom Harun Rasyid; Jawade Hafidz; Tri Handayani; Ganis Vitayanty Noor
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7183

Abstract

Cooperatives in Indonesia hold a unique constitutional status, enshrined in Article 33 of the 1945 Constitution, as instruments to achieve economic democracy and collective welfare. However, the practical realization of these ideals remains hindered by outdated regulatory frameworks, particularly Law No. 25 of 1992, which fails to reflect the dynamics of digital transformation,inclusive development, and modern governance. This study adopts a normative juridical method to examine the alignment of cooperative law with constitutional principles, focusing on the philosophical foundations, doctrinal interpretations, and historical evolution of cooperative governance. Through analysis of primary legal sources, academic literature, and recent policyinitiatives such as the Koperasi Merah Putih movementthis research reveals significant normative gaps, legal fragmentation, and institutional constraints within the current regulatory regime. The study argues for a fundamental legal reconstruction that positions cooperatives not as peripheral economic actors but as constitutional agents of equitable and sustainable development. It proposes key legal reforms including the recognition of digital cooperatives, enhanced accountability mechanisms, and integration with national development platforms. The findings emphasize the urgent need for a responsive, inclusive, and constitutionally grounded legal framework to revitalize the cooperative sector in post-pandemic and digitalIndonesia.
Effectiveness of Discipline Enforcement for Civil Servants in the Perspective of Legal Sociology Aspects Irma Purwaningsih; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4766

Abstract

Enforcement of civil servant (PNS) discipline is an important element in personnel management that aims to maintain the performance and integrity of government officials. However, in its implementation, the civil servant discipline system still needs to improve its effectiveness. This research aims to analyze the effectiveness of enforcing civil servant discipline from the perspective of sociological aspects of law through statutory research methods and conceptual approaches. The research method used is a juridical-normative method with a conceptual approach. Data collection was carried out through literature studies of statutory regulations, books, journals and other relevant sources. Data analysis uses content analysis techniques and legal interpretation. The research results show that the effectiveness of enforcing civil servant discipline is influenced by several factors, including clarity and firmness of civil servant discipline regulations, leadership commitment to enforcing discipline, a proportional reward and punishment system, and a supportive organizational culture. Apart from that, sociological aspects such as values, norms and social interactions that apply in the civil servant environment also influence the effectiveness of disciplinary enforcement. This research concludes that the effectiveness of enforcing civil servant discipline is not only determined by formal legal aspects but is also influenced by sociological factors that exist in the civil servant work environment. Therefore, efforts to increase the effectiveness of enforcing civil servant discipline need to consider a holistic approach that includes legal, organizational and sociological aspects.
Restorative Justice in Resolving Land Concession Conflicts PT Toba Pulp Lestari and Surrounding Communities in East Angkola District, South Tapanuli Regency ilham setiawan setiawan putra; Yeni Widowati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4860

Abstract

This research aims to determine the resolution of land concession conflicts in the district. Angkola South East Tapanuli. Furthermore, this article uses empirical juridical research methods. Empirical Juridical emphasizes research that aims to obtain legal knowledge empirically by going directly into the object. The findings in this research are in resolving land concession conflicts in the District. Angola Timur Tapanuli Selatan In an effort to resolve the conflict, the Ministry of Environment and Forestry, through the Director General of Customary Forest and Tenurial Conflict Management, participated in facilitating negotiations between 5 Indigenous communities and PT. Toba Pulp Lestari (TPL Limited Company). (1) Identify the problem and the parties involved. First step. (2) Collection of data and information after the problem and parties involved have been identified. (3) Facilitating dialogue and mediation After data and information have been collected, the next stage is to facilitate dialogue and mediation between the parties involved. (4) Implementation of the agreed solution After reaching an agreement on the solution. (5) The final stage of results evaluation is an evaluation of the results of the conflict resolution process. This evaluation can be carried out by collecting input from all parties involved and comparing the results achieved with previously established goals. This will help in evaluating the effectiveness and efficiency of implementing a restorative justice approach in resolving natural resource conflicts.
Company Responsibility For Pollution And Environmental Damage Due To Nickel Mining In Southeast Sulawesi Rozeli; Yeni Widowati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4955

Abstract

The increasing number of corporations as a global impact has given rise to exceptional attention to the environmental effects, namely environmental pollution, which can result in ecological damage, thereby impacting various aspects of people's lives and giving rise to horizontal problems. For example, the mining industry sector in Southeast Sulawesi causes ecological problems, pollution and environmental damage that occurs in Kolaka Regency and North Konawe Regency, Boenaga Village; the water looks very murky, even in several mining villages, and the water is reddish brown. The research methods used in this research are normative juridical and empirical juridical; normative juridical examines provisions, principles and rules in positive law, while empirical juridical is research obtained directly from the field, interviews with respondents. This research shows that corporate responsibility for environmental pollution and damage is based on law number 32 of 2009 concerning ecological management and protection, known as the principle of strict liability, where corporations can be subject to criminal liability without needing to prove an element. Error. Apart from strict liability, the Environmental Protection and Management Law also recognizes vicarious liability, where corporations can be held responsible for actions carried out by their employees/subordinates in the work environment. Applying the principles of strict liability and vicarious liability in corporate responsibility for environmental pollution/damage aims to provide more effective environmental protection environmental protection.
Legal Protection for Migrant Workers Under National and International Law Muhammad Ilham Sumartoputra; T. Subarsyah Subarsyah; Siti Rodiah
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.v24i1.4981

Abstract

The purpose of this study is to analyze and evaluate the implementation of legal protection for Indonesian Migrant Workers (PMI) according to national and international laws. This research aims to identify and understand the steps taken by the government in protecting migrant workers, especially those facing legal problems abroad, as well as explore effective and applicable legal protection models. Through this research, it is hoped that in-depth insights into policies and practices for the protection of migrant workers, as well as recommendations to strengthen existing legal protection in accordance with national and international standards. The research used is a normative research method with literature research involving the collection and analysis of primary, secondary, and tertiary legal materials. The results of the study show that the implementation of legal protection for Indonesian Migrant Workers (PMI) is regulated in national law through Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, which includes the placement, rights, and obligations of PMI, as well as the responsibilities of various related parties. At the international level, the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Their Family Members serves as the main legal instrument. To address the legal problems faced by migrant workers abroad, the Indonesian government, through BP2MI and the Ministry of Foreign Affairs, provides legal and advocacy services, including working with Indonesian advocates and negotiating with destination countries. An effective legal protection model includes the presence of BP2MI representatives in the countries of placement and the improvement of the quality and competitiveness of PMI through training and education, in line with the constitutional mandate to protect all Indonesian citizens.
Notary's Role in Business Purpose Test Requirements in the Framework of Consolidation of a Limited Liability Company for Taxation Muhammad Fatha Permana; Fully Handayani Ridwan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.5030

Abstract

Restructuring of a Legal Entity, in this case, a Limited Liability Company, is known in four forms, namely consolidate, consolidation, takeover, and separation. The restructuring has implications for various aspects, including capital structure and share ownership, the composition of management and supervisors, articles of association, and taxation. In this article, we will discuss the Consolidation of the Company, and specifically regarding the implications for the taxation of Limited Liability Companies. Likewise with the role of a notary regarding the requirements of the Business Purpose Test.  The research method used in writing this article is a normative juridical research method, namely by conducting a literature study. The results of the study showed that the Government has set a policy regarding the requirements of the business purposes test for company consolidation and there is a notary role that is needed to support all the requirements of the business purposes test. In addition, the results of this study also provide advice and solutions for the government, notaries, and of course, a company that will consolidate.

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