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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 1,631 Documents
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Effectiveness of Discipline Enforcement for Civil Servants in the Perspective of Legal Sociology Aspects Purwaningsih, Irma; Prasetyoningsih, Nanik
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.
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.
Green Practices: Revealing the Role of Pro-Environmental Behavior Mediation in Hotel Performance Widagdo, C Susmono; Guritno, Bambang -; Prayogi, Refal -; Anggraeni, Kamelita -; Palupiningtyas, Dyah -
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.v23i2.5059

Abstract

This study examines the effects of competence, pro-environmental conduct, and pro-environmental behavior as a mediator on hotel employee performance. Hotel Oak Tree Semarang, a green hotel, hosted the probe. Quantitative survey methods were used. Purposive sampling selected 109 employees for the research. Data were evaluated using AMOS 24's SEM. The results show that competence and pro-environmental behavior boost employee performance. Environmentalism also moderates the effect of competence on employee performance. These findings expand green human resource management (GHRM) and have practical implications for hotel managers seeking to increase employee performance and encourage environmentally friendly practises.
Paradigm Shift in the Concept of Democracy in Decision Making within Individual Companies Ali Abdullah; Diani Kesuma; Maria Regina Ivana
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.v24i1.5221

Abstract

To enhance economic growth in Indonesia, active community participation through the establishment of companies is crucial. Various types of companies, both non-legal entities and legal entities, exist to meet business needs, including Micro, Small, and Medium Enterprises (MSMEs). With the introduction of the Individual Company concept in Law No. 11 of 2020 on Job Creation, significant changes have emerged in the structure and decision-making mechanisms. The Individual Company allows individuals to establish a business with just one shareholder, eliminating the minimum capital requirement and the need for multiple founders. This shift impacts the democratic principles of decision-making, where strategic decisions are entirely in the hands of one individual, potentially reducing accountability and transparency. This research employs a normative research method. The findings indicate that the Job Creation Law introduces individual companies in Indonesia, allowing individuals to establish companies without partners and removing the minimum capital requirement. This supports Micro and Small Enterprises (MSEs) and emphasizes legal equality in shareholder decisions, despite implementation challenges related to the role of the General Meeting of Shareholders (GMS). The elimination of the GMS and Board of Commissioners in Individual Companies grants absolute power to the single shareholder, increasing the risk of abuse of power. While decision-making becomes more efficient, the lack of control may lead to legal issues and ineffective governance.
Analysis of the Role of the Prosecutor's Office in Utilizing Civil Law Instruments to Optimize the Recovery of Corrupt Assets sudarto, sudarto
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.v23i1.5228

Abstract

This study examines the critical role of the Prosecutor's Office in employing civil law instruments to enhance the recovery of assets acquired through corrupt activities. Given the detrimental impact of corruption on national integrity and finances, efficient asset recovery is essential for restoring public trust and ensuring accountability. Through a qualitative analysis that includes case studies, legal frameworks, and interviews with key stakeholders, the research identifies various civil law tools utilized by the Prosecutor's Office, such as civil lawsuits, asset seizure, and restitution claims. The findings reveal that while the Prosecutor's Office possesses significant authority and resources to pursue civil actions, several challenges hinder optimal performance, including inadequate legal frameworks, resource constraints, and inter-agency coordination issues. The paper concludes by advocating for legislative reforms, enhanced training for prosecutors, and improved collaboration among law enforcement agencies to strengthen the effectiveness of asset recovery efforts in combating corruption.
Enforcement Of Environmental Laws Regarding Electric Power Generation Business Activities In The Nickel Industry That Do Not Meet Business Licensing Commitments In Indonesia Hafiza, Hafiza; Widowaty, Yeni; Putra, Ilham Setiawan
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

Abstract

One of the functions of the high-risk-based business licensing law is to prevent or overcome environmental problems. Therefore, fulfilling business licensing commitments before operating is crucial for environmental protection, especially in high-risk business activities. This research aims to examine Environmental Law Enforcement Against the Coal Steam Power Plant (PLTU Batubara) owned by PT. Naga Virtue Nickel Industry (PT. VDNI) in Konawe Regency needs to fulfill its business licensing commitments. The approach used in this research is an empirical normative legal approach. The research results show that between 2016 and April 20, 2020, the coal PLTU PT. VDNI did not have its own Electricity Supply Business License (IUPTLS) and did not submit reports on its electricity supply business activities then. Apart from that, PT. Coal Power Plant PT. The VDNI is not legally valid because it was issued by the Southeast Sulawesi Province ESDM Service, not the Minister through the Director General or an accredited Technical Inspection Institute, and did not install Continuous Emission Monitoring Systems (CEMS) technology in coal mining. Oil-fired power plant. Coal Power Plant PT. VDNI fulfilled its IUPTLS commitment on April 21, 2020. Even though PT. VDNI and Person in Charge PT. VDNI violated the law; no sanctions were received from the regional or central governments.
Justice Without Limits: A Philosophical and Ethical Perspective on International Criminal Agreements Indaryanto, Nanung Nugroho; Widiastuti, Arum
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.v23i3.5281

Abstract

Justice in international criminal agreements requires deep philosophical and ethical considerations, because international criminal agreements often relate to universal humanitarian aspects and cross-border human rights. Philosophical and ethical perspectives are expected to provide justice that applies without geographical and political limitations. International criminal treaties that seek to achieve unlimited justice must take into account various philosophical and ethical views to create a strong foundation. In the increasingly complex movement of global society, a universal and comprehensive approach to justice is very important, because global solidarity is needed in overcoming crimes that violate humanity, as well as emphasizing the importance of moral integrity in carrying out justice at the international level.
Enforceability of Digital Contracts in the Era of E-Commerce: Legal Perspectives and Challenges Nurhaida, Heni Satar
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.v23i2.5379

Abstract

The rapid evolution of digital technology has revolutionized global commercial interactions, positioning e-commerce as a cornerstone of international trade. Digital contracts facilitate online agreements but face significant legal and regulatory challenges concerning their enforceability across different jurisdictions. This article explores the legal perspectives affecting the recognition and enforcement of digital contracts, focusing on the validity of electronic signatures, jurisdictional complexities, consumer protection, and data privacy compliance. Employing a qualitative, doctrinal legal research approach, this study reviews key regulations such as the E-SIGN Act, UETA, eIDAS, and GDPR, alongside relevant international conventions. Findings reveal that while strides have been made toward harmonizing digital legal frameworks, disparities among jurisdictions, consumer rights safeguards, and stringent data privacy laws present substantial obstacles. The study underscores the need for policy improvements and greater international cooperation to establish a more consistent and secure legal environment for cross-border digital contracts.
Beyond Criminal Approach: A Critical Analysis of Civil-Based Asset Recovery System as an Alternative Solution for Corruption Cases in Indonesia Fauzan Akbar; Ahmad Ibrahim Badry
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.v24i1.5599

Abstract

This research examines the effectiveness of the civil approach in returning assets resulting from corruption offences as an alternative to the conventional criminal approach in Indonesia. Although efforts to eradicate corruption have been intensively carried out through criminal channels, the level of return of state assets is still not optimal. Using a normative juridical research method with conceptual and comparative approaches, this research analyses the potential of a civil-based asset recovery system in overcoming the limitations of the criminal approach. The results show that the civil approach has several strategic advantages, including a lower standard of proof and a focus on asset recovery compared to the criminal approach. lower standard of proof and a focus on asset recovery compared to the punishment of the perpetrator. However, its implementation still faces considerable challenges related to inter-agency coordination and the limited capacity of law enforcement officials. law enforcement officials. It is necessary to strengthen corruption eradication strategies through synergy between law enforcement agencies. This research recommends policy reformulation that integrates the civil approach into the national anti-corruption system as a complement to the national system as a complement to the existing criminal mechanism. The contribution of this research is to present a comprehensive analysis of the urgency and modalities of implementing a civil-based asset recovery system in the context of corruption eradication in Indonesia.
Strategi Kolaborasi Pemerintah dan Perusahaan dalam Meningkatkan Efektivitas Pengelolaan Bisnis dan Kepatuhan Hukum di Indonesia Prayitno, Arief
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.v23i1.5653

Abstract

Effective business management and legal compliance are essential to create corporate stability and competitiveness, especially in Indonesia which has complex regulations. Compliance with the law helps companies build reputation, reduce risks and contribute to sustainable economic development. Collaboration between government and companies is key to creating a healthy business ecosystem, supporting economic growth, and ensuring transparency and accountability in business practices. This study aims to analyze the collaboration strategy between government and companies in improving the effectiveness of business management and legal compliance in Indonesia. This study uses a normative legal approach that relies on tracing applicable laws and other complementary sources. The results of the study indicate that collaboration between the government and companies in improving the effectiveness of business management and legal compliance is very important to create a transparent, efficient, and sustainable business environment. With the role of the government in providing regulations that support operational efficiency, incentives for law-abiding companies, and the provision of skills-based training, companies can operate better and comply with legal obligations. In addition, the use of technology and digitalization of legal administration processes can improve efficiency and transparency, while synergies in corporate social responsibility (CSR) programs and awards for law-abiding companies help strengthen the culture of compliance. All of this creates a business ecosystem that not only benefits companies, but also contributes to economic development and community welfare

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