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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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The Business Crime In The Use of Foreign Labor in Indonesia Perspective of People Smuggling Rizkan Zulyadi; Mahmud Mulyadi
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.v24i1.6154

Abstract

The purpose of this study is to analyze the legal regulations in Indonesia regarding the use of foreign workers in connection with the criminal offense of human smuggling, as well as to examine the enforcement of the law against business actors who illegally employ foreign workers from the perspective of human smuggling. This research uses a normative legal approach by reviewing legislation, court decisions, and legal doctrines through statutory, case, and conceptual approaches, along with library research techniques and descriptive-analytical qualitative data analysis. The findings indicate that legal regulations in Indonesia concerning the use of foreign workers linked to human smuggling are covered by various laws such as the Manpower Act, the Immigration Act, and the Anti-Trafficking Law (UU TPPO), but remain partial and do not explicitly regulate smuggling in the context of corporations as perpetrators, which hinders legal enforcement. Law enforcement against such business crimes still faces multiple obstacles, such as weak legal frameworks, operational modes disguised as legal recruitment, limited understanding among law enforcement officials regarding transnational crimes, and the suboptimal implementation of corporate criminal liability, resulting in many cases ending only in administrative sanctions such as deportation, without significant deterrent effects
The Role of Islamic Law in Increasing Public Understanding of Islamic Values in Sharia Banks munawaroh; Nurhayati; Sri Sudiarti
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.v23i2.6176

Abstract

Understanding Islamic law is something that is often seen in implementing an existing contract in Islamic banks or Islamic financial institutions. But currently, many people do not understand this matter. Therefore, from these problems, the researcher wanted to test the variables of Islamic Law Understanding (X1), Islamic Economic Literacy (X2) and Religisutas (X3) on the Understanding of Islamic Values in Sharia Banks (Y). This study uses a quantitative approach with the SmartPLS analysis tool. The results of the study found that there was an influence of the variable Literacy of Islamic law understanding (X1) had a significant effect on the understanding of Islamic Values in Sharia Banks (Y) by 44.10%. Then Islamic economic literacy (X2) has a significant effect on the Understanding of Islamic Values in Sharia Banks (Y) by 27.47%, and lastly there is no influence of Religiosity (X3) on the Understanding of Islamic Values in Sharia Banks (Y).
Islamic Law and Fraud Eradication Strategy in Islamic Financial Institutions Pradesyah, Riyan; Nawir Yuslem; Chuzaimah Batubara
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

This study examines the law and strategy to eradicate fraud in Islamic financial institutions, which are important institutions in the sharia-based economy. Fraud, which includes various fraudulent acts such as manipulation of financial statements and abuse of authority, can damage the reputation and sustainability of financial institutions. Therefore, a thorough understanding of the laws governing Islamic financial institutions, including the Sharia Banking Law and regulations from the Financial Services Authority (OJK), is essential in efforts to prevent and counter fraud. The fraud eradication strategy proposed in this study involves several approaches. First, the implementation of a comprehensive internal control system, including periodic internal and external audits, to ensure transparency and accountability. Second, increasing awareness and ethical training for employees, so that they are better able to recognize and prevent fraud. Third, the use of information technology, such as early detection systems and data analysis, which can identify suspicious patterns in financial transactions. This research emphasizes the importance of collaboration between Islamic financial institutions, regulators, and the public to build a safe and transparent ecosystem. Thus, efforts to eradicate fraud not only protect institutional assets, but also strengthen public trust in the Islamic financial system. The results of this research are expected to provide insight for policy makers and practitioners in developing more effective strategies in eradicating fraud.
The Role of Law in Encouraging Innovation in Village Financial Management Ratna Sari Dewi; Asmuni; Muhammad Yafiz
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.v23i1.6181

Abstract

The purpose of this research is to identify and analyze the role of law in encouraging innovation in village financial management. Through a qualitative approach, this study collected data through interviews, observations, and documentation studies involving various stakeholders, including village officials, communities, and law enforcement. This method allows researchers to understand in depth the dynamics that occur in village financial management as well as the challenges and opportunities faced. The results of the study show that clear and firm regulations are a key factor in encouraging innovation. The law provides a framework that facilitates transparency and accountability in the management of village funds. In addition, regulations requiring community participation in the planning and supervision process further strengthen the relationship between village officials and the community, creating a greater sense of ownership over financial management. This study also found that the application of information technology in village financial management has resulted in increased efficiency and accuracy. The design of information systems that are transparent and easily accessible to the public contributes to better supervision. In addition, training and capacity building of village officials are critical in ensuring they have the necessary skills to manage finances effectively. This research confirms that the law not only functions as a regulatory tool, but also as a driver of innovation in village financial management. By strengthening cooperation between the government, communities, and law enforcement, villages can better manage their resources, thereby improving the overall well-being of the community.
Analysis of Sanctions Imposed on Foreign Nationals Violating Article 71 Letter A in Conjunction with Article 116 of Law Number 6 of 2011 on Immigration Hamdi, Muhammad Arief; Difa, Aulia Diantama; Santiago, Faisal; Wiraputra, Anindito Rizki
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.v23i2.6184

Abstract

Ideally, foreign nationals who have entered and settled in Indonesia are required to provide information regarding their identity and family, as well as report any changes in marital status, nationality, employment, sponsorship, and address to the immigration office. This reporting obligation can be fulfilled by the sponsor; however, if the sponsor fails to do so, the foreign national bears the responsibility of reporting it. The failure of many foreign nationals to report these changes has led to various violations in Indonesia. As a country that adheres to Pancasila as the foundation of national life, Indonesia strives to maintain a balance between legal certainty, justice, and the welfare of its citizens. To achieve these three aspects, legal norms are required to regulate people's behavior, ensuring order and societal stability for the prosperity of the nation. However, in its enforcement, there is a disparity in authority among various immigration officials in Indonesia. Therefore, this study analyzes legal aspects of sanction imposition and explores possible solutions to this issue to create harmonization of immigration law in Indonesia. This research also refers to comparative studies with several other countries to provide a broader perspective on immigration law enforcement worldwide. This study employs a qualitative research approach, as described by Creswell. To address the research problems and propose appropriate solutions, the author applies the Dignified Justice Theory, which aligns with Indonesia’s national philosophy Pancasila.
The Role of Law in Encouraging Community Compliance to Pay Mall Zakat and Taxes Mhd Syukur Sihombing; Asmuni; Isnaini Harahap
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.v23i2.6206

Abstract

This study examines the role of law in encouraging community compliance with the payment of zakat and taxes, considering the importance of these two obligations for social welfare and state development. The research problem focuses on the low level of community compliance in fulfilling zakat and tax obligations in several regions. The purpose of this research is to understand how law, both Islamic law and state law, can contribute to increasing public awareness and compliance. The research method used is qualitative with a case study approach. The data was collected through in-depth interviews with various stakeholders, including religious leaders, tax officials, and the general public. In addition, analysis of related legal and policy documents is also carried out to gain a comprehensive understanding. The results of the study show that the law has a significant role in creating compliance. Legal education about zakat and tax obligations is very necessary to increase public understanding. The involvement of community leaders and scholars has proven to be effective in motivating the community to fulfill their obligations. Transparency in the management of zakat and taxes is also a key factor that increases public trust, thus encouraging them to be more compliant. This research provides recommendations to strengthen the legal framework and more intensive education programs, in order to create higher awareness among the public about the importance of zakat and taxes in social development.
Legal Review of the Appointment of Specific Positions to Family Members and Close Associates in Government by Regional Heads in Relation to Criminal Acts of Corruption Laritmas, Selfianus
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.v23i2.6234

Abstract

The granting of certain positions to family members by regional heads in connection with criminal acts of corruption in government has become highly controversial because it has implications for social welfare and public perceptions of government integrity. In theory, regional heads granting certain positions to family members in connection with criminal acts of corruption or nepotism will exacerbate existing social stratification because government positions or benefits are given based on family ties or close relationships rather than merit. This has an impact on inequality of opportunity and distribution of resources, as seen in several cases such as the former Governor of Banten, Ratu Atut Chosiyah, and the former Governor of North Maluku, Abdul Gani Kasuba, who are suspected of using their political power to appoint family members to important positions in the government, which has triggered negative perceptions among the government and the people and has an impact on indications of corruption. The regulation on nepotism in Law No. 28 of 1999 prohibits appointments based on family ties, prioritizes meritocracy, and imposes sanctions for violations. The research method used in this study is a normative legal approach, which involves analyzing existing literature. The research conducted by the author was aimed at using several approaches, including the statute approach, conceptual approach, case approach, and historical approach.
Does Local Wisdom Offer Adequate Protection for MSMEs? Fatahillah Fatahillah
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.v24i1.6265

Abstract

This research explores how local wisdom integrates with formal legal frameworks to offer legal protection for MSMEs in Lhokseumawe, Indonesia. Traditionally, MSME operations in the region have been guided by informal agreements and trust-based relationships, which, while effective in local settings, do not sufficiently address the legal and financial complexities encountered in broader markets. By incorporating formal legal structures alongside Islamic financial principles, such as musharakah (partnership) and mudharabah (profit-sharing), MSMEs benefit from both ethical and legal protection. This hybrid approach allows MSMEs to secure contract enforcement and resolve disputes, while remaining aligned with cultural and legal norms, enabling successful operations in both local and global markets. The study emphasizes the need for educational programs to raise awareness among MSME owners about the benefits of formal legal protections and Islamic financial instruments. These educational efforts are crucial for improving transparency, promoting risk-sharing, and facilitating interest-free financing options for MSMEs. By integrating local wisdom with formal legal frameworks, MSMEs can strengthen their resilience and competitiveness, especially in sectors like manufacturing and construction, where formal contracts play a vital role in protecting business interests. The research concludes with recommendations for further enhancing MSME legal protection through a more cohesive integration of local wisdom and formal legal mechanisms. This integrated approach will help MSMEs improve their competitiveness, access broader opportunities, and ensure long-term sustainability in an increasingly complex economic environment.
Accountability of Land Deed Officials (PPAT) in Overcoming Duplicate and Overlapping Certificates in Indonesia Fitra Rahmadani; Fotri Apik Rakhmawati; Noor Hidayah; Tetti Samosir; St. Muslimah Suciati
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.v24i1.6280

Abstract

The formation of the problem of double or overlapping certificates in Indonesia is a crucial issue caused by various factors, such as weak land administration systems, invalid data, lack of physical verification, and inaccurate land boundary mapping. This study aims to analyze the factors that cause double and overlapping land certificates in Indonesia and efforts to provide legal accountability for PPATs related to the existence of double and overlapping land certificates in Indonesia. This study is a juridical-normative study with a conceptual and legislative approach. The results of the study confirm that the Land Deed Making Officer (PPAT) has legal responsibility for errors or violations committed, both in administrative, civil, and criminal aspects. The level of error of PPAT in issuing deeds related to double or overlapping certificates is the basis for determining the form of legal accountability that can be imposed. Therefore, supervision and law enforcement of PPATs are very important to ensure legal certainty and maintain public trust in land transactions.
Intercultural Communication Between Topogaro Village Community and Ethnic Chinese Employees in Morowali Regency Fadhliah; Sitti Murni Kaddi; Stepanus Bodo; Donal Adrian; Nurliana; Selviana
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.v23i2.6297

Abstract

The purpose of this study is to identify convergence behavior in intercultural communication carried out by Chinese ethnic Chinese employees with local people in Topogaro Village in Morowali Regency. The research method uses qualitative with a case study approach. The informant selection technique uses purposive. Data Collection Techniques are in-depth interviews and direct observation. For analysis techniques using Data Reduction, Data Display and Conlusion Drawing/Verification. The results showed that the intercultural communication process between local people of Topogaro Village and ethnic Chinese Chinese employees in Morowali Regency was marked by convergence behavior such as ethnic Chinese Chinese trying to learn Indonesian, learning about the cultural behavior of local people starting from food and things not to do. From food and things that should not be done. This learning process is basically to be able to establish social interactions with the Topogaro community in Morowali Regency. Convergence or adjustment behavior is basically more done by ethnic Chinese Chinese as a minority community who come to work in one of the private companies in Topogaro Village, Morowali Regency.

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