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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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
Development of PjBL-Based Pancasila Education E- Module with AI-Powered Interactive Content for Strengthening Character Values High School Students in Padang City Wulandari, Tiara; Rafni, Al; Montessori, Maria; Indrawadi, Junaidi
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; Sujatmoko, Emanuel; Prihatiningtyas , Wilda; Pramudita, Deah Ajeng
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 Farikha Ramadani, Firda; Adiluz Permana, Mario; Kusuma Wardani, Berliana
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" Dwiyatmi, Sri Harini; Novitasari, Selvie; Amitha, Exsa Nur Chika; Setyawan, Radiktya Ricky
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
Plato's Justice in Business Law: A Study from the Perspective of Legal Philosophy Mariana, Anisa Defbi; 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.v24i2.6930

Abstract

This article aims to explore the concept of justice according to Plato and how its application can be relevant in the context of business law. In his philosophical works, especially in the Republic, Plato describes justice as a condition in which each individual carries out his role in a way that is appropriate to his abilities and characteristics. According to Plato, justice is achieved when each part of society performs its proper function without interfering with each other, which can also be adapted to the business world which has complex social and economic dynamics. In the context of business law, justice can be understood as an effort to ensure that all business actors, whether large companies or small businesses, are treated fairly and given balanced rights and obligations. The application of Plato's principles of justice in business law can involve rules that encourage ethical behavior, fair distribution of resources, and protection of the interests of weaker parties, such as consumers and workers. Business law must ensure that economic activity does not only benefit a few parties, but also creates balance and justice for all parties involved. For example, regulations regarding business competition (anti-monopoly) aim to prevent the domination of one party which can harm other parties, thereby creating harmony in the market. Through a legal philosophy approach, this study will analyze the relevance of Plato's ideas of justice in creating legal regulations that are not only profitable for big business actors, but also provide social and economic justice to society as a whole. Thus, Plato's concept of justice can be a strong basis for designing fair and sustainable business laws. examines Plato's concept of justice and its relevance in business law from the perspective of legal philosophy. Through this approach, we will explore how Plato's principles of justice, such as justice as harmony, distributive justice, and justice as virtue, can be applied in the context of modern business
Criminal Law Regulations on Health in Indonesia and Thailand: A Review of the Protection of the Rights of Patients and Medical Personnel Rubianti, Ni Kadek Sri Novi Wirani; Gorda, A. A. A. Ngurah Tini Rusmini; 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.v24i2.6931

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; Tinambunan, Hezron Sabar Rotua; Jalianery, Joanita
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.
Specific Minimum Criminal Penalty Regulations For Narcotics And The Purpose Of Their Implementation In The Criminal System: Specific Minimum Criminal Penalty Regulations For Narcotics And The Purpose Of Their Implementation In The Criminal System Johari, Johari
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.v24i1.6944

Abstract

Narcotics are substances or drugs derived from plants or synthesized that can cause changes in consciousness, loss of sensation, reduce pain, and lead to dependence. Drug abuse, which is increasingly concerning in Indonesia, has become a problem involving various levels of society, from schoolchildren to government employees. To address this problem, the Indonesian government, through Law Number 35 of 2009 concerning Narcotics, regulates the eradication of drug abuse and illicit trafficking, including the imposition of criminal sanctions with specific minimum penalties. This study examines the provisions of specific minimum penalties in Law Number 35 of 2009 and the purpose of their application in the criminal justice system. The research method used is normative juridical, analyzing relevant laws and literature. The results indicate that the specific minimum penalties in Law Number 35 of 2009 concerning Narcotics aim to reduce the impact of drug abuse and provide a more substantial deterrent effect on perpetrators, thus preventing similar crimes in the future. This provision also seeks to reduce disparities in sentencing and send a clear signal about the importance of drug prevention. Furthermore, the implementation of special minimum sentences is expected to protect the public from the impacts of drug abuse and illicit trafficking, as well as reduce the number of cases. This provision reflects the international trend in regulating criminal sanctions to create social justice and more effective law enforcement, while simultaneously preventing further drug abuse.
Juridical Review of the Annulment of Arbitral Awards by the District Court: A Case Study of Decision No. 167/Pdt.P/2000/PN.Jkt.Pst Ervianti, Meliala Nur; Setiadi, Edi; Heniarti, Dini 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.v24i1.6947

Abstract

one form of alternative dispute resolution that is final and binding. However, in practice, arbitral awards may still be annulled by the district court based on the provisions of Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This article provides a juridical analysis of the annulment of an arbitral award by the Central Jakarta District Court in case No. 167/Pdt.P/2000/PN.Jkt.Pst. This research employs a normative juridical method with a case study approach. The findings indicate that the annulment by the district court in this case did not fully comply with the annulment provisions stipulated in Article 70, and it potentially undermines the principles of finality and legal certainty in arbitration
Dinamika Sistem Pemerintahan Kesultanan Ternate: Analisis Kritis Integrasi Ino Mano Nako dalam Perspektif Hukum Tata Negara Indonesia Abdullah, Baharuddin; Ali, Radia; Fikri; Saidah; Muchsin, 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.v24i2.6952

Abstract

This study elaborates on the governance pattern of the Ternate Sultanate as a form of integration between customary law and Islamic law through modern constitutional concepts. This research is significant for enriching the discourse on the diversity of governance systems based on local Indonesian values, which remains limited compared to studies on modern systems. A qualitative method was applied through the study of historical manuscripts, literature, and intensive dialogue with key actors. The findings reveal that this tiered structure represents a harmonious integration of customary law is represented by the Bobato Dunia institution and the Fala Raha council, Islamic law is represented by the Bobato Akhirat institution in the spiritual system, while modern constitutional law concepts are evident in the division of powers and the leader selection mechanism, which reflects an elite democracy. This governance model of the Sultanate demonstrates the adaptation of local values within a modern state system. It also recommends the formal validation of customary governance systems and policies that support regional autonomy without compromising national integration. Further research is required on public perception and comparative studies with other sultanates.