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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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Comparative Analysis of Social Enterprise Regulations in ASEAN: Opportunities for Socio-Economic Development in Indonesia Artha, Putu Anggi Abelia; Sudharma, Kadek Januarsa Adi; Kurniawan, I Gede Agus
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

Social enterprises have attracted global attention due to their ability to simultaneously combine economic objectives and social missions. Thailand, the Philippines, and Singapore are examples of countries in Southeast Asia that have developed different regulatory frameworks to support the growth of social enterprises. This study aims to analyze the regulation of social enterprises in Thailand, the Philippines, and Singapore and explore relevant and contextual ius constituendum to build a national legal framework for social enterprises in Indonesia. The research method used is a comparative study and literature review of regulations, government policies, and social enterprise development practices in the three countries. The results show that Thailand implements the Social Enterprise Promotion Act that provides legal recognition and fiscal incentives; the Philippines uses a hybrid approach through cooperative regulations and government policies; while Singapore emphasizes ecosystem development through supporting institutions, training, and access to financing. Based on these findings, Indonesia requires a national legal framework that includes formal legal recognition, social and economic accountability, fiscal incentives, and multi-sector collaboration mechanisms, so that social enterprises can play an effective role in sustainable development.
Reconstruction of the Tax Court's Function as a Repressive Legal Instrument in Achieving Justice: Urgency and Future Arrangements Utami, Antin Ekaningtyas Widhar; Sudharma, Kadek Januarsa Adi; Kurniawan, I Gede Agus
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.v23i2.7239

Abstract

Tax courts, as part of the judiciary, play a crucial role in achieving justice in society. This research aims to analyze the reconstruction of the tax court's function as a repressive legal instrument in achieving justice, with an emphasis on the urgency and future regulations related to the tax court. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that the urgency of strengthening the position of the Tax Court as a repressive legal instrument is crucial in achieving social justice. This is because the court plays a strategic role as a corrective mechanism that balances government power in tax management, which often has the potential to deviate and harm taxpayers. This aligns with Philipus M. Hadjon's theory of repressive legal protection, where the Tax Court is the final line of defense ensuring the independent and objective enforcement of the rule of law, providing legal space for taxpayers to defend their rights thru objection, appeal, and lawsuit procedures. Therefore, future arrangements to strengthen the position of the Tax Court can be realized thru a comprehensive revision of Law Number 14 of 2002, which integrates the general principles of good governance (GPG) such as the principles of legal certainty, justice, transparency, professionalism, and proportionality, as well as specific principles in tax law. Affirming the finality of decisions and limiting legal remedies, as well as strengthening the principles of non-discrimination and protecting taxpayers' rights, are also important aspects of the revision to create legal certainty and justice.
Legal Review Act on Cryptocurrency (Bitcoin) As an Inflation Control in Indonesia Rahmat Mustaqim Adi Nugroho; Nanang Sudarsono; Achyar Rosandi; Akbar, Zaki
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 goals of these brief are to identifies and analyze how the role of Act in backups Rupiah strength against the exchange of decentralize finance block-chain based cryptocurrency (known as Bitcoin or BTC) whereas does not requires swift-code alike printed or FIAT as a early detection of state to print collateral or guarantee on foreign exchange rate. Within act or preparation of ratification upcoming act, remembered by the 13th August 2025 Rupiah exchange has weakened since last 5 year along +/- 3.000 Rupiah per-$ USD numbered 16.164 Rupiah against 1$ USD became the basis of Act to be frontier guardian to prevent valuation of inflation and empowered Rupiah in global market exchange. Otherwise thus valuation were countered back by BTC on every-world currencies since 2016 itself has gained the upscale as much as 32.018,52% the number that should concerned and potentially capable to brought a nation into failure if it is not restricted immediately by the Gration or Acts that defend a currency rate in every state.
National Legal Frameworks and International Challenges of Netflix Regulation: Censorship, Taxation, Cross-Border Licensing Bambang Priyatna Kusuma; Chelsea Shine Efendy; Cornelia Editha Santoso
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.v24i1.7278

Abstract

This study examines the regulatory challenges surrounding Over-The-Top (OTT) platforms such as Netflix within the context of Indonesian law and global regulatory comparisons. Indonesia’s national content censorship system, managed by the Film Censorship Board and the Ministry of Communication and Informatics, continues to apply a preventive and normative pre-censorship paradigm. This approach creates tension with the principle of self-regulation implemented globally by Netflix, resulting in legal uncertainty and limited content access for Indonesian users. In the fiscal domain, the implementation of Value Added Tax (VAT) on foreign digital services aims to ensure tax fairness, yet the application of Personal Income Tax (PIT) remains problematic due to the absence of physical presence (Permanent Establishment) and the non-implementation of the Significant Economic Presence (SEP) concept. Meanwhile, issues related to cross-border licensing highlight the complexity of copyright protection and cross-border content distribution. Indonesia continues to emphasize territorial restrictions in line with the Berne Convention and lacks regional harmonization similar to the European Union’s Audiovisual Media Services Directive (AVMSD). This study concludes that Indonesia needs to develop co-regulation mechanisms and strengthen an adaptive digital legal framework to safeguard cultural values without hindering freedom of expression or the competitiveness of the national digital economy.
The Legal Frameworks for Cooperative Internasional Ship and Port Facility Security Code Implementation to Address Port Security Incidents Mexi Miano Ubjaan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study examines how national legal and institutional frameworks can translate the International Ship and Port Facility Security (ISPS) Code into cooperative, operational practice to prevent, detect, and respond to port security incidents. The paper situates ISPS within contemporary hybrid risk kinetic disruptions to sea lanes, transnational crime, and escalating cyber threats and argues that outcomes depend less on “paper compliance” than on domestic laws and institutions that enable interoperability among public authorities and industry actors. The objective is to develop a practical model aligning legal mandates, institutional roles, and cooperation mechanisms across prevention, preparedness, response, and recovery. Methodologically, the study adopts a qualitative, normative–juridical design with comparative policy and documentary analysis to map (i) the international framework (SOLAS XI-2/ISPS), (ii) Indonesia’s legal-institutional arrangements, and (iii) cooperation mechanisms in practice (information-sharing, inspections/joint patrols, training, intelligence, Declarations of Security, incident command). Empirically grounded discussion highlights budgetary constraints and the value of international cooperation resource sharing, regulatory harmonization, and enhanced coordination for strengthening ISPS implementation. The paper organizes mechanisms against threat categories (violence, legal-violation crime, terrorism) to assess fit-for-purpose alignment and identify interoperability gaps. The contribution is a design blueprint specifying minimum legal features, institutional options, and process enablers (SOPs, joint exercises, audits, feedback loops) to improve cooperative ISPS implementation, with Indonesia as the primary reference case and adaptable guidance for similar jurisdictions.
PENGARUH KOMPETENSI SUMBER DAYA MANUSIA DAN PEMANFAATAN TEKNOLOGI INFORMASI MELALUI KOMITMEN ORGANISASI TERHADAP KINERJA PEGAWAI KECAMATAN DI KOTA PEKANBARU T. Ardi Dwisasti; Kusworo; Ruhana, Faria; Sutiyo
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 aims to analyze the influence of human resource (HR) competency and information technology (IT) utilization on employee performance, with organizational commitment as a mediating variable. This study was conducted on permanent employees within the Pekanbaru City District. The research method used was quantitative, with probability sampling using the Stratified Random Sampling technique, drawing 252 respondents from a population of 683. Data were collected through questionnaires and analyzed using Structural Equation Modeling (SEM) with Smart PLS. The results indicate that HR competency and information technology utilization have a direct and positive effect on employee performance. Furthermore, this study demonstrates that organizational commitment significantly mediates the effect of HR competency on employee performance and significantly mediates the effect of information technology utilization on employee performance. These findings indicate that employees with strong organizational commitment, demonstrated by professionalism, loyalty, and honesty, and who are able to utilize IT effectively and efficiently, will make a greater contribution to improving administrative service performance.
Implementation of Meaningful Participation in Every Stage of Local Regulation Formation Muja’hidah; Adiesty S.P. Syamsuddin; Asriyani; Ansar; Asia Hukama Sari
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.v24i1.7315

Abstract

Public participation in forming legislation is necessary in the framework of people’s sovereignty. The existence of a mechanism for channelling public aspirations and views on the draft of a regulation is guaranteed by the Constitution as part of the implementation of the right to be heard, the right to be considered, and the right to be explained. This article aims to define public involvement in each stage of local regulation formation concerning the principle of people’s sovereignty and investigate the mechanisms that enable meaningful public participation at each stage of law and regulation formation. This article employs a normative juridical research method using statutory and conceptual approaches. This article shows that not all stages of local regulation formation can incorporate public participation. This article concluded that among the six stages of local regulation formation, only three stages can be implemented using community participation through citizens’ rights to be heard, the right to be considered, and the right to be explained. The three stages are planning, drafting, and discussion. Currently, there are several ways of public participation regulated in laws and regulations for the law-making process: FGD and public hearings. However, in the spirit of popular sovereignty, there are also ways of channelling opinions through petitions and demonstrations.
Customary Criminal Penalties for Violations of Local Customary Obligations for Adultery Offender: An Effort to Achieve Culture-Based Legal Compliance Dahlan, Arteria; Brouwer, Darryl Evan; Tangkau, Daniel Julian
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

In the Indonesian legal system, customary legal System has been recognized as one of its components. In the National Criminal Code, customary punishment has been stipulated as one of the additional punishments. As an additional punishment, there is no obligation for the judge to punish the defendant with additional punishment. Moreover, The National Criminal Code has also criminalized adultery as a criminal offense. It is an offense institutionalized from the Adat Law recognized in certain regions in Indonesia. There are some regions in Indonesia where many forms of adultery are recognized as customary criminal law. Hence, it is possible to enforce culture based legal obedience on adat community, specifically on adultery offense. The enforcement of culture based legal compliance could increase the effectivity of criminal justice system. This article aims to analyze the legal issue regarding customary punishment towards adultery as a means to enforce culture based legal compliance among community. The research method applied in this article is normative legal research. This article concludes that since adultery is recognized as customary offense in some regions, the customary punishment in the National Criminal Code should be treated as an imperative punishment by the judge in order to enforce legal compliance culture.
Public Leadership, Rules and Legal Values: Realizing Good Governance in the Era of Transparency Herijanto Bekti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study aims to analyze the role of public leadership, regulations, and legal values ​​in realizing good governance in the era of transparency. The implementation of good governance principles requires public leaders with integrity, a clear regulatory system, and legal values ​​that ensure justice, accountability, and openness in governance. Using a descriptive qualitative approach, this study explores the relationship between responsive and participatory public leadership and the effectiveness of regulatory implementation and the internalization of legal values ​​in bureaucratic practices. The results demonstrate that the synergy between public leadership, legal regulations, and legal values ​​plays a significant role in realizing good governance in the era of transparency. Public leadership with integrity has proven to be a key driver of a culture of openness within the bureaucracy, while legal regulations provide a framework of certainty and accountability that strengthens the implementation of transparency. Furthermore, legal values ​​ensure that the practice of openness does not stop at procedural compliance but is carried out with a strong moral commitment. These three aspects, when integrated, create a governance mechanism that is more open, trustworthy, and responsive to public needs, thereby improving the overall quality of public services
Outsourcing Labor Within the Legal Framework of Employment Relations Hutagalung, Henrico DP; Muhammad Arifin; Ida Hanifah
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

Positive impacts of national development progress include the growth and development of economic activity centers, resulting in the establishment of new industrial centers and providing employment opportunities for the community. The legal framework for employment relations between outsourced workers and parties in the labor sector is regulated by Pancasila Industrial Relations (hereinafter abbreviated as HIP). HIP is an industrial relationship based on the manifestation of all the principles of Pancasila and the 1945 Constitution (hereinafter abbreviated as UUD 1945), and develops in accordance with the character of the Indonesian nation. Meanwhile, industrial relations refers to all types of employment relationships between employers and employees, both at the regional and national company levels, relating to socio-economic matters such as wages, working hours, working conditions, employment relations, and so on. Employment relations serve as a basis for parties to protect their respective interests and avoid discriminatory practices and human rights violations during the organizational process to achieve company goals. Outsourced labor practices related to employment relations are frequently discussed and debated among various groups. This is directly related to companies' efforts to reduce costs related to human resource utilization and their responsibility to provide legal protection for workers in the employment relationship. The employment relationship between workers and companies in outsourcing practices must reflect legal protection for workers, as stated in the Preamble to the 1945 Constitution: to protect the entire Indonesian nation and its entire homeland and to advance general welfare based on Pancasila to achieve social justice for all Indonesians. Although outsourcing is limited to specific fields, it is widespread in companies' core businesses. Therefore, the government's role is crucial in ensuring that workers' rights within an employment relationship are fulfilled in accordance with applicable laws.

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