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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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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 However, the practical realization of these ideals remains hindered by outdated regulatory frameworks, particularly Law No. 25 of 1992, which fails to reflect the dynamics of digital transformation,inclusive development, and modern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 Purwaningsih, Irma; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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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 setiawan putra, ilham setiawan; Widowati, Yeni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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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; Widowati, Yeni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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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 Sumartoputra, Muhammad Ilham; Subarsyah, T. Subarsyah; Rodiah, Siti
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 Permana, Muhammad Fatha; Ridwan, Fully Handayani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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.
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

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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 Abdullah, Ali; Kesuma, Diani; Ivana, Maria Regina
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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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

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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.

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