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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 1,715 Documents
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Formation of Legal Norms that are of a Regulatory from the Perspective of the Theory of Division/Separation of Powers Haeruman Jayadi; Ad. Basniwati; Khairul Umam
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.v24i1.7212

Abstract

Since the establishment of the Constitutional Court (MK), which has the authority to review laws against the Constitution, several MK decisions have incorporated regulatory legal norms, similar to those created by the legislative branch. This has given rise to a controversy over the formation of regulatory legal norms between the legislators and the MK, the law examiner. The question is which institution has the authority to create regulatory legal norms from the perspective of the theory of separation of powers. To address this issue, the research method used is normative legal research, using both a legislative and a conceptual approach. Based on the research conducted, it can be concluded that, from the perspective of the theory of separation of powers, the authorized institution to create regulatory legal norms is the legislative branch. Based on the theory of separation of powers, the MK does not have the authority to create new regulatory norms in its decisions to replace or supplement existing norms. This is to avoid the accumulation of power, as the creation of regulatory legal norms is essentially the responsibility of the legislative branch. The creation of regulatory legal norms by the judiciary is inconsistent with the intent of the theory of separation of powers itself. Therefore, the MPR needs to limit the Constitutional Court's authority in the 1945 Constitution by amending the 1945 Constitution.
Prevention of Child Labor Exploitation Through the Implementation of Fair Labor Laws Siti Nurhayati; Elly Asmarawati
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.v24i1.7221

Abstract

Many companies still employ “child labor,” and the number of child workers who require a legal protection system continues to increase. This makes it highly interesting to examine and study how the legal protection of child workers from labor exploitation is actually implemented. Therefore, the central issue of this thesis can be formulated as follows: how is the implementation of labor laws carried out as a legal protection effort against the exploitation of child workers, and what obstacles and measures have been taken by the government to address child labor exploitation. This research is a type of normative juridical study, which is a library-based study focusing on secondary data, including an inventory of positive law. Based on the research results, it can be described that the existing legal protection system for child workers has not been implemented effectively. Legal violations committed by employers do not receive the appropriate legal actions due to the non-performance of labor inspection officers’ functions. Therefore, it is necessary to strive for a unified determination and coordinated actions from government officials, implementing officers, employers, parents, and all components of the nation to genuinely eliminate child labor.
Business Judgment Rule and Limits of Directors' Liability in Limited Liability Company Law in Indonesia Ajeng Kartika Anjani
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.v23i2.7236

Abstract

The Business Judgment Rule principle is a legal doctrine that provides protection for directors in carrying out their managerial functions, as long as the business decisions taken are made in good faith, with prudence, and based on adequate information. In the context of limited liability company law in Indonesia, this principle plays an important role in balancing the legal responsibilities of directors and the freedom to make risky business decisions. This study aims to analyze the concept and application of the Business Judgment Rule in the legal system of companies in Indonesia and to examine the limits of directors' liability for losses arising from business decisions they take. The research method used is a normative juridical approach by examining relevant laws and regulations, doctrines, and court decisions. The results of the study indicate that the application of the Business Judgment Rule principle in Indonesia has been reflected in Article 97 paragraph (5) of Law Number 40 of 2007 concerning Limited Liability Companies, which provides limitations on directors' liability if the decisions taken are made in good faith and based on rational considerations. Thus, the directors cannot be held responsible for company losses arising from reasonable business risks, as long as the decisions are taken professionally and do not contain elements of negligence or abuse of authority.
Comparative Analysis of Social Enterprise Regulations in ASEAN: Opportunities for Socio-Economic Development in Indonesia Putu Anggi Abelia Artha; Kadek Januarsa Adi Sudharma; I Gede Agus Kurniawan
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.v23i2.7238

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 Antin Ekaningtyas Widhar Utami; Kadek Januarsa Adi Sudharma; I Gede Agus Kurniawan
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.
The Supervision of Grant Fund Management In Regional Elections For Anti-Corruption in The Election Supervisory Board (Bawaslu) of Depok City, West Java Arya Mega Natalady Sumbayak; Wirman Syafri; Dadang Suwanda; Mansyur Achmad
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.v23i2.7241

Abstract

The supervision of grant fund management in regional elections is a critical component in ensuring the integrity of democracy and public accountability. This study analyzes the effectiveness of grant fund supervision in the Election Supervisory Board (Bawaslu) of Depok City from an anti-corruption perspective. Using a qualitative approach through document review, in-depth interviews, and focus group discussions, the analysis applies Tthe 12 Components of a Functional Monitoring and Evaluation System framework by Kusek (2004). The findings indicate that the supervision mechanism remains primarily administrative and output-oriented, with weaknesses in organizational structure, the absence of an internal audit apparatus, and limited human and financial resources. Nevertheless, supporting factors include staff commitment and openness to evaluation and feedback. The study concludes that strengthening a results-based supervision system requires enhancing human resource capacity, integrating supervision outcomes into policy formulation, and establishing inter-agency coordination mechanisms to prevent misuse of grant funds.
Legal Review Act on Cryptocurrency (Bitcoin) As an Inflation Control in Indonesia Rahmat Mustaqim Adi Nugroho; Nanang Sudarsono; Achyar Rosandi; Zaki Akbar
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.v23i2.7254

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 research examines the regulatory challenges of Over-The-Top (OTT) platforms like Netflix within the context of Indonesian law and global comparisons. The national content censorship system managed by the Film Censorship Institute (LSF) and the Ministry of Communication and Information Technology (Kominfo) still employs a pre-censorship paradigm that is both preventive and normative. This approach creates tension with the self-regulation principle implemented by Netflix globally, thus creating legal uncertainty and limited content access for users in Indonesia. In the fiscal aspect, the Value Added Tax (VAT) policy on foreign digital services has been implemented to ensure fiscal fairness, but the implementation of Income Tax (PPh) still faces obstacles due to the lack of a physical presence (Permanent Establishment) and the non-implementation of the Significant Economic Presence (SEP) concept. On the other hand, the issue of cross-border licensing emphasizes the complexity of copyright protection and cross-border content distribution, where Indonesia still emphasizes territorial restrictions as per the Berne Convention and does not yet have regional harmonization like the Audiovisual Media Services Directive (AVMSD) model in the European Union. This study concludes that Indonesia needs to develop a co-regulation mechanism and strengthen an adaptive digital legal framework to be able to maintain the sovereignty of cultural values ​​without hindering freedom of expression and 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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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; Faria Ruhana; Sutiyo
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.v23i2.7310

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.

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