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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 1,609 Documents
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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. 002 (2024): Pena Justisia (Special Issue)
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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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

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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
Perilaku dalam Implementasi Kebijakan Penegakan Hukum Lalu Lintas Elektronik di Direktorat Lalu Lintas Polda Jawa Barat Rivai, Sigit Ariansyah; R Widya Setiabudi Sumadinata; Ramadhan Pancasilawan
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

E-TLE (Electronic Traffic Law Enforcement) is a technology implementation from the Indonesian National Police that synergizes with other stakeholders to record traffic violations electronically to support traffic security, order, and safety. In the E-TLE policy, of course, some activities provide color to the implementation of the E-TLE policy itself. The research method used in this study is a qualitative approach with a descriptive method. Data collection is done through literature studies, documentation studies, and results of relevant reports. The results of the study show that there is behavior between related organizations, the behavior of lower-level bureaucracy as policy implementers, and related to the behavior of the target group of the policy, all of which are interrelated and have their respective influences on the E-TLE (Electronic Traffic Law Enforcement) policy
Hukum Organisasi Publik : Strategi Peningkatan Akuntabilitas Pemerintah di Era Society 5.0 di Kota Bandung Gantika, Soma
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

The study aims to identify legal strategies that can improve government accountability in the digital and high-tech era, Society 5.0 in Bandung City. This study analyzes how the legal principles of public organizations can be implemented effectively to face the challenges and opportunities in this era. This study uses a qualitative approach with a descriptive-analytical method. Data were obtained through in-depth interviews with government officials, academics, and legal practitioners, as well as through document studies related to public policies and regulations. The results of this study found that the Bandung City Government has implemented strategies to improve accountability by applying the principles of public organizational behavior based on technology and integrated data in the Society 5.0 era. Through policies that support transparency, public participation, and digitalization of services, as well as the implementation of public organization laws, Bandung aims to create an efficient, responsive, and inclusive government. However, significant challenges such as limited technological infrastructure, low human resource capacity, and cybersecurity threats still hamper the effective implementation of e-governance. Therefore, infrastructure improvements, intensive training, and clear regulations are needed to create more accountable and sustainable governance in the digital era
Integrasi Artificial Intelligence dan Big Data dalam Proses Peradilan Perdata di Indonesia : Tantangan dan Peluang Artiana, Maureen Maysa
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.v24i1.5748

Abstract

The development of information technology, particularly Artificial Intelligence (AI) and Big Data, offers great potential for transforming the judicial system in Indonesia. AI can support legal actors in their duties within the judicial process, while Big Data enables the processing and analysis of large datasets in various formats. In the context of civil litigation, these technologies can be applied in stages such as investigation, prosecution, court decisions, and asset seizure mechanisms. This article examines the challenges and opportunities of integrating AI and Big Data into Indonesia's judicial system. The research uses a normative juridical approach, analyzing Law No. 11 of 2008 on Electronic Information and Transactions, Law No. 19 of 2016 on Amendments to Law No. 11 of 2008 on Electronic Information and Transactions, as well as relevant legal principles. The findings indicate that AI and Big Data can enhance efficiency, transparency, and accuracy in the judiciary; however, challenges related to technological infrastructure, regulations, and potential issues of privacy or algorithmic bias exist. Therefore, strategic steps are needed, such as developing supportive regulations and providing training for legal professionals to optimize the use of these technologies.
Analysis of Public Interest as A Means of Eliminating Criminal Actions in The Offence of Defamation Through Facebook Media (Study of Decision No. 84/Pid.Sus/2024/PN TNN) Setyanegara, M Sulthan Rafi; Widjajanti, Ermania
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.v24i1.5811

Abstract

Defamation or insult frequently occurs on social media platforms such as Facebook. In the ruling of Case Number 84/Pid.Sus/2024/PN Tnn, the defendant was accused of defaming a public figure. However, the exception of public interest can serve as grounds for eliminating the qualification of a criminal act for defamation, as stipulated in Article 310 paragraph (3) of the Indonesian Criminal Code. This paper focuses on analyze the public interest as a reason for eliminating criminal penalties in criminal acts of defamation which is studied based on the decision of the Tondano District Court Number 84/Pid.Sus/2024/PN Tnn. This study uses secondary data consisting of primary legal materials, namely Law No. 19 of 2016 concerning Information and Electronic Transactions and the Criminal Code, as well as relevant secondary legal materials The results indicate the importance of a thorough interpretation of the public interest exception in defamation cases to ensure that judges appropriately impose criminal penalties on offenders.
Press Freedom with Press Accountability: Indonesian Experience Andi Muhammad Asrun; Rahmadhony, Aditya
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.v24i1.5862

Abstract

Freedom of the press is another side of press accountability. The press must obey the ethics of the press profession regulated by the press organization. Meanwhile, journalistic work is within the corridor of laws and regulations governing the press. On the one hand, the press works in the spirit of freedom, on the other hand, the press also demands accountability. This study shows that the Indonesian press was free after the end of the Soeharto Authoritarian Government. However, the gift of press freedom was also faced with various violations of the ethics of the press profession, which led to legal problems. The researcher used a normative legal research methodology. This study uses a normative research methodology. This study concludes that in addition to "freedom of the press", journalistic work is also required to obey the ethics of the journalistic profession regulated by the press organization.
The Role of Indonesian Law in Addressing Challenges Faced by Sole Proprietorships Winarko, Evelyn; Parulian Manurung
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.v24i1.5950

Abstract

This study explores the relationship between law and the challenges faced by sole proprietorships in Indonesia, aiming to identify legal mechanisms to prevent and overcome critical issues. Sole proprietorships play a crucial role in Indonesia’s micro, small, and medium enterprise sector but face obstacles such as unlimited personal liability and regulatory compliance difficulties. The study hypothesizes that specific legal frameworks can mitigate these risks and that a review of existing laws will reveal gaps needing improvement. Addressing these legal challenges is essential for ensuring business sustainability and economic stability. A comparative analysis of sole proprietorship laws in other countries offers insights into best practices that Indonesia can adopt. Key recommendations include introducing limited liability options, simplifying regulations, and improving legal access for sole proprietors. By implementing these reforms, Indonesia can create a more supportive business environment, reducing risks and fostering sustainable economic growth.

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