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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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.
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Articles 1,613 Documents
The Psychological Contract of Generation Z: Does HR Communication Meet the Legal and Moral Expectations of Young Employees? Priyanto; Liling Listyawati; Damajanti Sri Lestari; Galuh ajeng Ayuningtyas; Dedi Setyawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The entry of Generation Z into the workforce has reshaped organizational expectations surrounding Human Resource (HR) communication, emphasizing not only legal compliance but also ethical alignment. This study investigates how HR communication practices—both legal and moral—impact psychological contract fulfillment (PCF) and key employee outcomes among Generation Z in Indonesia. Employing a quantitative, correlational-explanatory design, data were collected via a structured online survey from 250 Gen Z employees across sectors and analyzed using Partial Least Squares Structural Equation Modeling (PLS-SEM). The findings reveal that both legal and moral fulfillment in HR communication significantly enhance PCF, which in turn positively influences job satisfaction and organizational commitment, while reducing intention to leave. Furthermore, PCF mediates the relationship between HR communication and these outcomes, confirming its pivotal role in shaping employee attitudes and behaviors. These results align with Psychological Contract Theory and Expectancy Theory, demonstrating that for Generation Z, employment relationships are grounded as much in values and transparency as in formal policy. The study contributes to the limited Southeast Asian literature on psychological contracts and offers actionable insights for HR practitioners to build value-oriented communication strategies that foster engagement, trust, and retention among younger employees.
Determination of Criminal Law in The Medical Committee With Artificial Intelligence Supervision Achieves Improvement of The Quality of Doctors at Hospital X in Bekasi City Syaputra, Debby; Rais Fattah; Dicky Yulius; Yohanna Murtika; Nuni Rakhmawat
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

Hospitals, as health institutions, are required to continuously improve service quality, including the quality of medical personnel. The Medical Committee serves as an internal body responsible for professional control, including credentialing, performance evaluation, and the enforcement of ethics and discipline. However, challenges in the execution of these roles demand a more objective, accurate, and fast oversight mechanism. Artificial Intelligence (AI) is emerging as a technological solution capable of detecting deviations in medical practice in real time. This research employs a qualitative-retrospective approach at RS X in Bekasi to analyze the implementation of the Medical Committee's duties and the impact of AI-based monitoring on improving doctors' quality. Findings reveal weaknesses in credentialing systems and competency evaluations, as well as incomplete medical documentation that endangers patient safety. The integration of AI proved effective in enhancing professional evaluation systems and reporting. The study recommends implementing AI alongside the reinforcement of criminal law regulations in the medical field to ensure accountability and quality in healthcare services
Legal Protection for Victims of Acute Kidney Injury in Children Caused by Hazardous Syrup Medicines in Indonesia Yudiyanto, Ade Rachmat; Sulistyawaty, Sri; Pakpahan, Kartina
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.v23i2.6894

Abstract

This study examines the legal protection for victims of acute kidney failure in children caused by the consumption of syrup-based medicines containing diethylene glycol (DEG) and/or ethylene glycol (EG) in Indonesia. Using a normative juridical method, this article analyzes relevant legislation concerning victim assistance, the rights of victims' families under the Consumer Protection Law, and the implementation of legal accountability by the government, the National Agency of Drug and Food Control (BPOM), and pharmaceutical businesses. The findings reveal that although a legal framework is in place, significant challenges persist in law enforcement and the fulfillment of victims' rights. Therefore, it is necessary to strengthen consumer protection mechanisms and enforce strict legal measures to prevent similar cases from recurring and to ensure justice for the victims
Juridical Analysis of Non-Performing Loans at Regionally-Owned Rural Banks from the Perspective of State Financial Losses Handhy Saputro Prabowo; Mukti Fajar Nur Dewata
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 high level of non-performing loans (NPL) in regionally-owned Rural Banks (BPR), which reached 6.15% in June 2023, has the potential to cause state financial losses given that BPR's capital comes from the Regional Budget (APBD). This study aims to analyze the legal framework for non-performing loans in regional BPRs, to classify NPLs as either business risks or state financial losses, and to evaluate the effectiveness of the settlement mechanisms. The research method employs a normative juridical approach with statutory analysis. The findings indicate that non-performing loans can be categorized as state financial losses if caused by managerial negligence, abuse of authority, or collusion, based on Law No. 1 of 2004 on State Treasury and Law No. 17 of 2003 on State Finance. The effectiveness of the legal framework is still hindered by weak internal supervision, limited human resource capacity, and poor inter-agency coordination. The study recommends strengthening risk management systems, enhancing human resource capacity, and fostering stakeholder synergy to minimize state financial losses.
Buzzers, Bots, and Brands: Ethical Analysis of Manipulative Technology in Digital PR Practices Yenny; Muhammad Yus Firdaus; Siska Armawati Sufa; Feliza Zubair; Dedi Setyawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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This study examines the use of buzzers and bots in digital public relations (PR) strategies for Indonesian e-commerce, with a focus on the Shopee competition. The background of the study highlights the shift in PR communication from traditional media to algorithm-based practices that are often manipulative. The main issues are how these practices are carried out, their impact on consumer perceptions, and the ethical dilemmas that arise. The objectives of this study are to analyze buzzer-bot practices in digital PR, examine the ethical perceptions of stakeholders, and identify the boundaries between legitimate communication and manipulative campaigns. The methodology adopts a qualitative constructivist employing techniques such as case studies, interviews, netnography, and document analysis. The results indicate that buzzers and bots are effective in increasing visibility but lead to trust crises, ethical degradation, and reputational risks. The conclusions emphasize the need for regulation, transparency, and sustainable ethical communication strategies.
Business Disputes in Electronic Transactions Policy in Indonesia Aloysius Wisnubroto; Dinda Aprilia
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

Economic activities conducted through internet-basedplatforms are generally referred to as electronic commerce (ecommerce). E-commerce offers significant advantages,particularly in terms of efficiency and convenience for bothconsumers and business actors. For consumers, e-commerceprovides ease of access to transactions without requiringphysical meetings, while for sellers, it reduces operationalcosts. However, despite these advantages, e-commerce alsoraises potential risks, particularly concerning the protectionof consumer rights, which may lead to disputes betweenconsumers and business actors. Consequently, the need foreffective and efficient mechanisms for dispute resolution ine-commerce transactions becomes imperative. Based on thisbackground, the research problem was formulated asfollows: How can business disputes in e-commerce beresolved based on the value of justice? To address thisquestion, the researchers employed a constructivistparadigm. The research design adopted was descriptiveanalytical, using a socio-legal approach. A socio-legalstudy integrates doctrinal legal analysis with insightsfrom social sciences. The data utilized in this studyconsisted of both primary data, collected through fieldresearch and interviews, and secondary data, obtainedfrom relevant literature and legal documents. Dataanalysis was carried out using qualitative descriptivetechniques. The findings of the research indicate thatonline arbitration represents a highly appropriatemechanism for resolving e-commerce disputes. This isdue to the inherent characteristics of e-commerce,which transcends geographical boundaries and allowstransactions to occur globally through internetconnectivity. In Indonesia, the legal frameworkgoverning e-commerce is primarily established underLaw No. 11 of 2008 on Information and ElectronicTransactions and Law No. 7 of 2014, particularlyChapter VIII concerning trade conducted throughelectronic systems. Nevertheless, the currentregulation on arbitration, namely Law No. 30 of 1999,remains limited to conventional arbitration and doesnot adequately address the unique challenges posed byonline dispute resolution. Therefore, it is crucial for thegovernment to formulate and enact new regulationsspecifically governing online arbitration as a disputesettlement mechanism in e-commerce. Such legal reforms are essential to ensure that dispute resolutionprocesses remain relevant and responsive to the rapidtechnological advancements shaping modern economicactivities. In this context, appropriate, clear, andenforceable legal measures are necessary to safeguardboth business actors and consumers, while promotingjustice and legal certainty in the digital economy.
Implementation of Non-Cash Payment Regulations in Indonesian Aloysius Wisnubroto; Dinda Aprilia
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 advancement of electronic payment systems hasgiven rise to various innovations in financialtransactions, which are expected to enhanceconvenience, flexibility, efficiency, and simplicity forusers. Among these innovations, electronic money (emoney) demonstrates distinct characteristics comparedto pre-existing electronic payment instruments such asphone banking, internet banking, credit cards, anddebit/ATM cards. Unlike those systems, transactionsconducted through e-money do not always requireauthorization procedures or processes directly relatedto customer bank accounts. Based on this development,the researchers formulated the central problem ofinquiry as follows: How is the implementation of noncash payment systems within the Indonesian economicframework evaluated from the perspective of justicevalues? The study employed a constructivist paradigm,with a descriptive and prescriptive research design, andapplied a socio-legal methodology. Data analysis wasconducted through a qualitative descriptive approach.The sources of data included both primary andsecondary materials, obtained through library researchand field research, the latter involving interviews withrelevant stakeholders. The findings of this studyindicate that the Indonesian government andregulatory authorities have introduced a range of legalinstruments to strengthen the non-cash transactionecosystem. One significant example is Bank IndonesiaRegulation (PBI) No. 19/8/PBI/2017 concerning theNational Payment Gateway (NPG), which enablesinteroperability so that one payment card may be usedacross multiple platforms at minimal or no additionalcost. Furthermore, the government’s commitment topromoting cashless transactions is reflected in theregulation requiring all toll road users to adoptelectronic money as the sole payment method effectivefrom October 1, 2017. The study concludes that theIndonesian government is expected to continuouslyencourage the implementation of policies that enhanceeconomic efficiency through non-cash transactionswhile ensuring that the public is not burdened by excessive costs that could discourage adoption.Moreover, these policies are anticipated to foster thedevelopment of sustainable business models forelectronic payment services in Indonesia.
Legal remedies and damages in tort law: a comparative studi civil law jurisdictions Andi Hertawati; Alwi Jaya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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This study aims to analyze legal remedies and damages mechanisms in civil law in various civil law jurisdictions comparatively. The research approach uses a qualitative method with a comparative legal study design, examining regulatory frameworks, court decisions, and legal doctrines in several Continental European and Asian countries that adhere to the civil law system. The results of the study show that there are fundamental differences in the determination of the form of compensation, both material and immaterial compensation, which are influenced by legal traditions, principles of accountability, and socio-economic developments in each country. In addition, variations in the application of punitive damages as well as non-material recovery mechanisms highlight the philosophical differences between victim protection and the prevention of unlawful acts. These findings make an important contribution to the development of Indonesian civil law, particularly in the improvement of compensation regulations and the harmonization of civil liability principles at the international level. The study recommends the need for legal updates that are responsive to global dynamics and best practices from various civil law jurisdictions
Legal Protection for Notaries in Reporting Money Laundering Crimes Using the Whistleblower Protection Model in Indonesia Ali Abdullah; Suhendar; Rini Meliana; Muhammad Sirajuddin Qahtan Hamdan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7114

Abstract

The notary profession, as a public official authorized to create authentic deeds, is often vulnerable to money laundering cases due to the complexity of client transactions that cannot be fully verified. This study aims to analyze the concept of legal protection for notaries in money laundering cases and optimize the role of whistleblower protection as an effective protection instrument. The research method uses a normative juridical approach with an analysis of laws and regulations, court decisions, and comparative studies of protection systems in other countries. The results show that existing legal protection mechanisms, such as the approval of the Regional Notary Honorary Council (MKNW) and the Witness and Victim Protection Law, are still weak because they are procedural and unresponsive to the complexity of money laundering cases. Notaries face a dilemma between the obligation to report suspicious transactions and the principle of client confidentiality, plus the application of the burdensome principle of reverse burden of proof. Optimizing whistleblower protection requires the reconstruction of a comprehensive legal framework through regulatory amendments, including the Criminal Procedure Code (KUHAP) and other regulations to provide protection for notaries. This can be done by establishing a Legal Profession Protection Agency, developing special reporting protocols, and an inter-institutional integration system. The ideal protection model should provide legal immunity for whistleblowers in good faith, guarantee identity confidentiality, and a compensation mechanism for notaries who suffer losses due to the implementation of professional obligations.
Reconstructing Public Procurement Law in Indonesia: Toward a Framework of Good Governance and Legal Accountability Fadila, Elviana Risqa Nur; Syafa’, Nadhifa Salsabilla; Fazila, Arina Nur; Wanda , Zakaria Nuriman
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.v24i1.7237

Abstract

Public procurement represents one of the most strategic yet complex aspects of public governance, functioning as a critical instrument for achieving efficiency, accountability, and public welfare. In Indonesia, however, the legal framework governing procurement remains fragmented, being primarily regulated by presidential regulations rather than a parliamentary statute. This condition creates ambiguity in legal hierarchy and weakens institutional accountability, undermining the constitutional principle of negara hukum—a state based on law. Employing a normative-juridical method with comparative and philosophical approaches, this research analyses the structural and conceptual deficiencies within Indonesia’s procurement regulation, juxtaposed with best practices from jurisdictions such as the United Kingdom, South Korea, and Chile. The findings reveal that reliance on executive decrees has produced instability, limited judicial review, and excessive criminalisation of administrative errors, all of which hinder effective governance. Comparative evidence demonstrates that codification, transparency by design, and data-driven oversight strengthen both efficiency and integrity in public spending. Philosophically, the study argues that procurement reform is not only a matter of legal technique but also an ethical duty to realise justice, proportionality, and the public good. The paper concludes that Indonesia requires a codified Procurement Law enacted by Parliament to restore normative coherence, uphold accountability, and align its public procurement governance with constitutional and international standards.