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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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Construction Contract Design Based on the Principle of Balance as an Effort to Prevent Disputes Muhammad Antoni; Jhoni Emirzon; Muhammad Syaifuddin; Ahmad Rizal
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.v24i1.6475

Abstract

Law Number 2 of 2017 on Construction Services is an important foundation in regulating construction contracts in Indonesia, aiming to create a balance of rights and obligations between service providers and service users. The purpose of this study is to examine how the concept of equilibrium can help reduce conflicts in construction projects, which are frequently caused by unequal negotiating power and flaws in contracts. The research method used is normative juridical with the approach of legislation, legal doctrine, and construction contract analysis. The findings indicate that the use of the balance principle in construction agreements can lead to a fair allocation of responsibilities and privileges for both parties, preventing any form of unfair advantage and minimizing the chances of legal conflicts. Thus, the principle of balance is not only a legal principle, but also a preventive tool in the implementation of equitable construction contracts.
Reposition of Islamic Law in The Heritage Of The Tasaluh And ' Urf Perspectives: Case Study of Inheritance Distribution in Suppa District, Pinrang Regency Abd. Karim Faiz
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.v24i1.6494

Abstract

The purpose of this study is to discuss the position of Islamic law which is considered not a solution in the distribution of inheritance in Tellumpanua Village, Suppa District, Pinrang City. The problems raised are first, how is the practice of inheritance distribution in Tellumpanua Village, Suppa District. Second, how is the analysis of Islamic Law on the tradition of inheritance distribution in Tellumpanua Village, Suppa District. This study uses a type of field research with a qualitative descriptive research method with a phenomenological approach in managing and analyzing data, the data in this study were obtained from primary data and secondary data, with data collection techniques, namely observation, interviews, and documentation. This study also uses the theory of tashalu, 'urf, and the theory of justice. The results of this study indicate that first, the practice of inheritance distribution in Tellumpanua Village, Suppa District is that the distribution of inheritance is carried out according to local customs carried out by previous parents until now, the distribution of inheritance is carried out before the testator dies, and daughters are prioritized to receive inheritance in the form of houses or gold jewelry compared to sons. Second, the analysis of Islamic law on the tradition of inheritance distribution in Tellumpanua Village, Suppa District, namely the practice of inheritance distribution was not found during the time of the Prophet Muhammad or in the Qur'an and Sunnah. However, the distribution of inheritance in Tellumpanua Village, Suppa District is permitted because, according to the customs or habits carried out by the community, it is in accordance with Islamic law.
The Legality of Alfamart Acquisition of Lawson: Driving Into the Process With a GMS Darminto Hartono; Anisyah Rani
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.v24i1.6496

Abstract

Acquisition is a form of corporate action that has a significant impact on the control structure in a company and generally requires the approval of the General Meeting of Shareholders (GMS) as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). However, in practice, not all acquisitions follow this normative flow. This study discusses the legality of the acquisition process carried out by Alfamart against Lawson without going through the GMS mechanism. Using a juridical-normative approach, this article analyzes the provisions of the UUPT and derivative regulations from the Financial Services Authority (OJK), especially POJK Number 17/POJK.04/2020 and POJK Number 42/POJK.04/2020. The results of the study show that even though it did not go through the GMS, the acquisition was still legally valid because it met the exception requirements, namely the transaction value is below 50% of the total equity and the affiliate relationship does not cause a conflict of interest. Thus, Alfamart's actions have been in accordance with the applicable positive legal provisions and reflect the flexibility of the law in modern corporate practice
The Role of International Cooperation in the Enforcement of Anti-Terrorism Laws Gracesy Prisela Christy; Wahyudi; Tomi Apra santosa; 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.v24i1.6500

Abstract

This study examines the role of international cooperation in anti-terrorism law enforcement in response to the complexity of terrorism threats that are transnational and transnationally organized. Using normative research methods that focus on the analysis of laws and regulations and international legal instruments, this study examines the effectiveness of cooperation mechanisms between countries in strengthening law enforcement and preventing acts of terrorism. The findings of the study show that international cooperation, through intelligence exchange, legal harmonization, extradition, and technical capacity building of law enforcement officials, makes a significant contribution to strengthening the effectiveness of anti-terrorism law enforcement. However, challenges in the form of differences in political interests, domestic legal constraints, and state sovereignty issues are still the main obstacles. This study recommends strengthening inclusive cooperation mechanisms based on respect for international norms as a strategic step to deal with the dynamics of terrorism threats globally. Thus, international cooperation is not only a tool of law enforcement but also a key element in terrorism prevention strategies.
Black Campaign Crimes (Black Campaign) Under the Supervision of the General Election Supervisory Body ermaharialijana
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.v23i2.6518

Abstract

Elections are a means for the people to participate in determining the direction of government administration. After the amendment to the 1945 Constitution, both the Election of legislative members and the Election of executive power implementers were carried out directly by the people. In carrying out the nomination or contestation stages, which are then continued with the campaign stage, the words/phrases black campaign or black campaign often appear. In general, what is referred to as a black campaign is slandering, pitting against each other, inciting, insulting, or spreading false news carried out by a candidate/group of people/political party/supporter of a candidate against their opponents. If the form is a criticism of the vision, vision, or program of a particular candidate, it is not classified as a black campaign. Black campaigns that can harm Democracy itself. It can also trigger and endanger the unity and integrity of the nation and State's; the rapid development of technology is used as a tool or means to spread false news or hoaxes, slander and SARA issues.
The Political Party Intervention Has A Negative Impact On Dpr Policy : Case Study Of The Revision Of The Tni Bill iksan
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

Abstract

This study aims to examine the impact of political party intervention on the legislative process in the house of representatives (DPR) with a focus on a case study of the revision of the Indonesian national army law (RUU TNI). The urgency of this writing is the increasing public concern about the degradation of legislative independence which should represent the interests of the people, not partisan interests. This study was conducted using a normative legal method approach with a critical study of the dynamics of DPR policy politics, which has an effect on the integrity of legislation and public trust. The novelty of this study is in the intervention of political parties on the revision process of the TNI Bill, which obscures the professional principles of active TNI members in the democratic system and civil supremacy which has the potential to weaken the checks and balance mechanism in the system. The results of this study indicate that political party intervention is very clear in the interests of power that are certain groups that eliminate the substance of law and public involvement in the revision of the TNI Bill.
Implementasi Kebijakan Pengembangan Desa Wisata Bumiaji Kecamatan Bumiaji Kota Batu Dyah Nur Aini Salsabila; Sumartono; Saleh, Choirul
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.v23i3.6546

Abstract

Kebijakan pengembangan desa wisata di Desa Bumiaji berlandaskan pada Peraturan Desa Nomor 10 Tahun 2006 tentang Penetapan Desa Bumiaji Sebagai Desa Wisata. Penelitian ini bertujuan untuk mengetahui dan menganalisis proses implementasi kebijakan pengembangan desa wisata di Desa Bumiaji, Kota Batu. Jenis penelitian ini deskriptif dengan pendekatan kualitatif. Penelitian ini berfokus menganalisis proses implementasi kebijakan pengembangan desa wisata di Desa Bumiaji Kota Batu yang ditinjau dari model implementasi kebijakan Merilee S. Grindle (1980). Data diperoleh melalui wawancara, observasi, dan dokumentasi yang melibatkan aktor-aktor utama seperti Sekretaris Desa Bumiaji, Direktur BUMDes, anggota Pokdarwis, Pegawai Dinas Pariwisata Kota Batu, dan masyarakat lokal. Hasil penelitian menunjukkan bahwa implementasi kebijakan ini berdampak positif terhadap peningkatan ekonomi lokal melalui pengembangan agrowisata, wisata alam, UMKM, dan homestay. Keberhasilan implementasi didorong oleh sinergi antar pemangku kepentingan dan partisipasi aktif masyarakat. Namun, beberapa kendala masih dihadapi, seperti keterbatasan sumber daya manusia dalam pemasaran digital, efektivitas dalam komunikasi dan koordinasi, serta belum adanya landasan hukum yang jelas di tingkat kota untuk desa wisata. Kendati demikian, tingkat penerimaan masyarakat terhadap kebijakan ini cukup tinggi karena adanya manfaat nyata berupa peningkatan pendapatan dan terbukanya lapangan kerja baru. Oleh karena itu, diperlukan pelatihan digital, pendampingan berkelanjutan dan perbaikan komunikasi internal untuk mengoptimalkan potensi desa, serta pengesahan RIPPARDA sebagai landasan hukum pengelolaan pariwisata yang terstruktur dan berkelanjutan di Kota Batu. Implementasi Kebijakan, Desa Wisata, Ekonomi Lokal
Legal Aspects of Transforming Videos into Non-Fungible Tokens (NFT) Based on Copyright Law No. 28 of 2014 Febrian, Kelvin Febrian Siga Sari; Kadek Julia Mahadewi
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

Abstract

The main objective of this paper is to analyze in depth the video transformed into non-fungible token (NFT) in the context of copyright protection as regulated in Copyright Law No. 28 of 2014. The focus of the discussion is directed at how the process of transforming a video into NFT can be qualified as a form of format change that is recognized as a new creation based on applicable legal provisions, especially Article 40 paragraph (1) letter n of the Copyright Law. This study uses a normative legal research method, which is based on an analysis of applicable written legal norms. The approach used is a conceptual and legislative approach, by examining the provisions in relevant laws and regulations, especially the Law. The results of this study indicate that a video transformed into an NFT is a form of legally valid transformed work and automatically obtains copyright protection. This protection is important to ensure that video creators retain exclusive rights to their work, even though it has undergone a format change. To strengthen legal protection, creators can register their NFT video works, so that their legal status becomes clearer. In the event of use of a work by another party without permission, especially for commercial purposes, the creator or copyright holder has the right to take legal steps, including reporting the violation to the relevant authorities for appropriate law enforcement processes.
The Political Communication Style of Gibran Toward First-Time Generation Z Voters on Social Media: A Framing Analysis of Diction Aligned with Youth Preferences Ade Rachmat Yudiyanto; Hasrat Efendi Samosir; Katimin
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.v24i1.6575

Abstract

This research aims to analyze Gibran Rakabuming Raka's political communication style to Generation Z first-time voters on social media with a framing analysis approach. As a young politician, Gibran utilizes platforms such as TikTok and Instagram to form a more casual, familiar, and relatable political image for young people. Through the use of popular diction such as "bro," "santuy," and "gaskeun," Gibran manages to create the impression of a figure close to young people, while still focusing on relevant political issues. The results showed that visual framing strategies and slang proved effective in attracting Generation Z's attention, but also had the risk of reducing politicians' credibility in the eyes of other audiences. In addition, the use of political gimmicks based on humor and popular culture further strengthens the appeal of Gibran's content on social media, as evidenced by the increase in the number of followers and audience engagement during the campaign period. Therefore, Gibran maintains a balance between casual style and data-driven messaging to remain relevant and credible in the eyes of all voter segments.
Legal Aspects of Determination of Tax Collection on Land and Building Rights Acquisition in Jayapura Regency Pelupessy, Eddy
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.v23i1.6617

Abstract

This study aims to examine the implementation of the collection of Land and Building Acquisition Tax in Jayapura Regency. To examine the obstacles that arise in the implementation of the collection of Land and Building Acquisition Tax in Jayapura Regency. The research method is sociological juridical, namely a legal research approach that examines law not only as a formal rule, but also as a social phenomenon that has an influence and is influenced by society. This approach uses qualitative research methods, such as interviews and observations, to understand how the law is applied and how society interacts with the law. The results of this study reveal that the implementation of the collection of Land and Building Acquisition Tax in Jayapura Regency is when there is a transfer of land and building rights due to a sale and purchase with a transaction value lower than the market price, the transaction value will be determined by DPPKAD officers based on the market price and a survey of the relevant taxable object, whereas the provisions of Article 87 paragraph 2 of Law Number 28 of 2009 and Article 7 of Jayapura Regency Regional Regulation Number 2 of 2011 state that the basis for imposing BPHTB tax on the acquisition of sale and purchase rights with a transaction value lower than the market price, then the basis for imposing BPHTB tax is the Taxable Object Sales Value (NJOP) of Land and Building Tax.

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