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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 1,717 Documents
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Digital Transformation of the Notary Profession: Juridical Analysis of Cyber Notary Implementation in Authentic Deed Making in Indonesia Alex Ramalus; Fauzi Syam; Dwi Suryahartati
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.v24i2.6315

Abstract

Digital transformation in the field of notary is a structural imperative in the era of rapid development of information technology. The concept of Cyber Notary is present as a form of modernization of the notary position through the integration of technology such as electronic signatures, video conferencing, and digital document management and storage systems. This study aims to examine the juridical aspects of the implementation of Cyber Notary in the making of authentic deeds in Indonesia. The method used is a normative legal research method with legislative, conceptual, and comparative approaches. The results of the study show that there is no explicit regulation in the Law on Notary Positions (Law No. 30 of 2004 jo. Law No. 2 of 2014) related to the practice of Cyber Notary causing legal uncertainty, especially in terms of the validity of digital deeds and verification of the identity of the parties. In addition, the lack of suboptimal digital infrastructure and information security systems increases the risk of ethical violations and data leaks. The conclusion of this study emphasizes the importance of regulatory reformulation through the harmonization of the UUJN with the ITE Law and the PDP Law, as well as the need for digital competency development and the renewal of the notary profession code of ethics so that the implementation of Cyber Notary can be carried out legally, accountably, and professionally.
The Urgency of Criminal Law Politics in Returning State Finances in Village Fund Corruption Cases: Between Effectiveness and Legal Benefit Budi Utomo; Hafrida; Sahuri Lasmadi
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.v24i2.6320

Abstract

Corruption of village funds is a serious threat to village development and community welfare. The politics of criminal law plays a strategic role in formulating law enforcement policies that do not only emphasize the punishment of perpetrators, but also prioritize the recovery of state financial losses. This study aims to examine the direction and form of ideal criminal law politics in handling cases of corruption of village funds, as well as to identify obstacles in its application. The method used is normative legal research with statutory, conceptual, and comparative approaches. The results show that criminal law policy in Indonesia is still oriented towards a repressive approach and has not given priority to the mechanism of state asset recovery. The main obstacles include weak coordination between law enforcement agencies, overlapping regulations, the lack of capacity of village officials and law enforcers, and the suboptimal application of restorative approaches and asset recovery. In addition, the punishment system that has not harmonized the deterrent effect and the recovery of state finances exacerbates the inefficiency of law enforcement. The conclusion of this research confirms the importance of reformulating the politics of criminal law based on the principles of substantive justice and legal expediency, through regulatory harmonization, strengthening institutional capacity, and integrating restorative approaches to encourage the effectiveness of state financial recovery due to corruption in the village.
Cessation Of Prosecution Agreements in Corruption Cases: Does Legal Expediency Threaten the Sustainability of a Fair Legal System? Yan Patmos; Hafrida; Sahuri Lasmadi
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.v24i2.6324

Abstract

The application of a prosecution termination agreement in corruption cases is a response to the need for efficiency and expediency in modern criminal law enforcement. Instruments such as the Non-Prosecution Agreement (NPA) and Deferred Prosecution Agreement (DPA) are considered capable of accelerating the recovery of state losses, reducing the burden of cases in court, and encouraging cooperation between perpetrators in disclosing broader crimes. This research aims to analyze the position and application of prosecution termination agreements in the Indonesian criminal law system, as well as evaluate their impact on the principles of justice and the sustainability of the legal system. The research method used is normative juridical with statutory and conceptual approaches. The results show that although the expediency approach offers various practical advantages, its application in corruption cases raises serious concerns about substantive justice, legal accountability and legal certainty. The absence of clear normative arrangements opens the door to abuse of authority, legal discrimination, and weakening the legitimacy of the criminal justice system. Therefore, strict regulations and strong supervisory mechanisms are needed so that expediency is not used as an excuse to compromise the basic principles of a state of law with justice and integrity. This study concludes that the application of a cessation of prosecution agreement can only be justified if it is implemented within a legal framework that guarantees a balance between efficiency and justice.
The Legal Protection Regarding Consumer Losses in Banking Transactions Caused by Phishing Rani Apriani
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.v24i1.6339

Abstract

This study is a normative legal study with a conceptual and legislative approach. The results of the study confirm that legal protection that includes the bank's obligation to maintain data security and provide preventive education is very necessary, along with legal resolution of problems if losses occur due to phishing. Strengthening regulations and supervision from the government, the Financial Services Authority (OJK), and banking is very important to minimize the risk of phishing and protect customers effectively. In this case, the bank's legal accountability is key to providing legal certainty and protecting the rights of the injured party, with the condition that the bank can only be held accountable if it is proven negligent in managing data and system supervision. Banks can actually be held accountable either civilly or criminally according to the type and level of the bank's error. This study recommends strengthening stricter regulations, improving data security systems by banks, and providing more comprehensive preventive education to customers regarding potential phishing risks, to ensure optimal protection and minimize potential losses.
Differences and Points of Reference of Ood in the Perspective of Procedural Law of the State Administrative Court and Civil Procedure Law Elfran Bima Muttaqin; Gracesy Prisela Christy; Yusep Ginanjar; Andi Sri Rezky Wulandari; Mira Nila Kusuma 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.v24i1.6349

Abstract

This study aims to examine the differences and tangents related to the Object of Dispute (OOD) in the perspective of the State Administrative Court (PTUN) Procedural Law and the Civil Procedure Law. In judicial practice, the determination of OOD is crucial because it concerns absolute authority between two different judicial regimes. This research uses a normative juridical method with a legislative and conceptual approach, and is analysed qualitatively. The results of the study show that although the PTUN and the civil courts both handle legal disputes, the fundamental differences lie in the type of legal subject, the nature of the object of the dispute, and the underlying principles. On the other hand, there are potential tangents in the case of objects that are civil in nature but are issued by state administrative bodies or officials, which gives rise to jurisdictional overlaps. Therefore, it is necessary to affirm norms and harmonize the regulation of absolute authority to avoid legal dualism that is detrimental to justice seekers. This research makes a theoretical and practical contribution in strengthening the boundaries of the absolute competence of the judiciary in Indonesia
Corruption Punishment in the Spotlight of Public Ethics and Human Rights: Finding the Balance between Retribution and Humanity Moh. Hasyim Asy’ari; Hafrida; Sahuri Lasmadi
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.v24i2.6350

Abstract

The punishment of corruption offenders in Indonesia has become a multidimensional issue that not only touches on legal aspects, but also concerns public ethics and human rights (HAM). The public demands severe punishment as a form of retributive justice and deterrent effect against perpetrators of corruption, while at the same time the state is obliged to maintain the principle of respect for human dignity, even for the defendant. This research aims to examine the practice of punishing corruptors in the frame of public ethics and human rights, and analyze the tension between retributive demands and humanitarian principles. The method used is a normative juridical approach using secondary data in the form of legislation, legal doctrine, and international conventions such as the ICCPR and UNCAC. This research examines the extent to which the practice of punishing corruption in Indonesia is consistent with the principles of proportionality, non-discrimination, and human dignity. The results show that the Indonesian punishment system is still dominated by a strong retributive approach, but is not yet fully aligned with humanitarian values and international human rights standards. The practice of punishment is often trapped in emotional public pressure, which risks ignoring the principle of due process of law and the protection of the basic rights of the defendant. The conclusion of this research is the need to formulate a more balanced and equitable model of punishment for corruptors, by integrating the values of public ethics, retributive justice, and the protection of human rights
Grab Driver Communication Ethics in Attracting Customer Sympathy in Medan City Rafael Elvan Risaldy; Abdul Rasyid
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.v23i1.6417

Abstract

Transportasi online yang sudah dapat digunakan melalui aplikasi adalah sebuah jawabandari kebutuhan masyarakat untuk sebuah transportasi yang mudah didapat, cepat sertanyaman dan murah. Terdapat berbagai faktor yang bisa membuat aplikasi online inidibutuhkan serta dapat ditemui di kota besar yang ada di Indonesia. Transportasi onlinemerupakan moda sarana alternatif yang sangat di inginkan oleh masyarakat. Padapenelitian ini didapatlan dua rumusan masalah yaitu bagaimana etika driver grab di kotamedan dalam menarik simpati pelanggan serta bagaimana perencanaan driver grab di kotamedan dalam menarik simpati pelanggan. Untuk mendapatkan jawaban penelitimenggunakan metode deskriptif kualitatif. Data primer didapatkan dari komunitas grabindonesia, dan data sekunder di dapatkan dari buku, situs online maupun sumberinformasi yang berkaitan. Pengumpulan data berdasarkan hasil observasi, wawancaraserta dokumentasi. Sedangkan dalam melakukan analisis digunakan metode deskriptifyaitu data akan dideskripsikan melalui realita dan fenomena yang sebenarnya. Dengandemikian berdasarkan penelitian didapatkan jika etika komunikasi driver grab kota medanbaik. Serta komunitas driver kota medan menggunakan perencanaan terhadap unsur-unsurkomunikasi yang maksimal yang meliputi pesan, media, umpan balik serta teknikkomunikasi.
Implementation of Road Infrastructure Development Policy in East Kolaka, Southeast Sulawesi Rika Puspita; Abdul Juli Andi Gani; Muhammad Shobaruddin
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.v23i3.6418

Abstract

Road infrastructure development is a key factor in driving economic growth and improving the quality of life of people in the regions. East Kolaka Regency, as a developing region, faces challenges in implementing road development policies. The method used was descriptive qualitative research. Data were collected through observation and interviews. Data analysis was conducted using a thematic approach through several stages, starting from understanding the data to producing a report. The results showed that policy implementation was influenced by administrative regulations and problem-solving strategies. National regulations are the main reference in technical aspects, while regional policies focus on prioritizing according to local needs. Various strategies are applied to overcome challenges, such as data-based planning, community participation, phased development, bureaucratic reform, institutional collaboration, and structured monitoring. Although an action plan has been developed, it is still necessary to strengthen institutional capacity, optimize financial resources, improve data-based monitoring, and integrate sustainability principles
Communication Model in Education Development in North Sumatra: A Study on Al Jam'iyatul Washliyah Iryuha Tantawi; Zainal Arifin; Hasnun Jauhari Ritonga
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.v23i2.6421

Abstract

The study conducted at PW Al Washliyah Sumatera Utara—sourced from the MPW's board—aimed to: 1) elucidate the implementation of organizational communication in the development and cultivation of educational institutions in North Sumatra; 2) identify efforts to ensure the effectiveness of organizational communication; 3) analyze the organizational communication models employed; and 4) describe the challenges or obstacles faced in organizational communication. A qualitative descriptive method was utilized for this research. Informants were purposively selected, totaling eight individuals. Data were gathered through observations, interviews, and document reviews. Subsequently, data were analyzed using Miles and Huberman's data analysis technique, which includes the steps: collection, reduction, display, and conclusion drawing and verification. The research findings are as follows: First, the organizational communication implemented by MPW Al Washliyah Sumatera Utara, which acts as the coordinating and communicative leading sector towards the management of Al Washliyah educational institutions, particularly at the SMTA level, is based on achieving its vision and mission. The acceleration of Al Washliyah educational institutions with predetermined milestone targets was deemed successful, achieving 80 percent of its targeted outcomes. Second, the efforts made by PW Al Washliyah Sumatera Utara to ensure effective organizational communication in the development and cultivation of educational institutions in North Sumatra included striving for formal legality, conducting asset registration, providing socialization/education, and reinforcing development. Third, the organizational communication models applied by PW Al Washliyah in the development and cultivation of educational institutions in North Sumatra are linear, transactional, and interactional/circular/diagonal, with transactional and interactional (circular) models being commonly used. Fourth, the challenges or obstacles frequently encountered include misunderstandings or differing perceptions of communication messages, whether originating from regional leadership or conveyed by heads of schools.
Factors Influencing Interpersonal Communication Among Fieldwork Students in the Hospitality Industry in Central Java Chrisostomus Susmono Widagdo; Sapto Supriyanto; Syamsul Hadi; Umar Abdul Jabbar; Septa Intiar
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.v23i2.6436

Abstract

Study This digs into factors influencing the interpersonal communication of students studying in the hotel industry. Students face various challenges in communicating with colleagues, guests, and superiors in an environment often full of diverse cultures And demands Work tall. Studies This identifies several factors that play a role key in the interpersonal interactions of students, including different cultures, lack of experience in Work, skills, poor communication, level of stress And pressure work, role, And not quite enough answers that are not clear, ability to settle the conflict, and awareness of self. Study This demonstrates the need for a deep understanding of factors. This helps students overcome constraints in interpersonal communication. Results study. This can give educators an outlook and institutional training. For designing a suitable program, use increased skills in interpersonal communication for students studying the hotel industry field. With a better understanding of the factors that influence interpersonal communication, the expected students can build effective relationships in the environment, improve their trust in themselves, contribute positively to the hotel industry, and develop their careers in the past.

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