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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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Perbandingan Kebijakan Pengendalian Deforestasi dan Penegakan Hukum di Indonesia dan Australia Kisran Kisran; Ahmad Rustan; Rudi Iskandar Ichlas
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 comparatively analyzes deforestation control policies and law enforcement in Indonesia and Australia. The research uses normative juridical methods with legislative and comparative approaches, supported by secondary data on deforestation trends, regulatory instruments, and law enforcement practices in both countries. The analysis shows that Indonesia has a relatively comprehensive regulatory framework but faces serious obstacles at the level of implementation, including weak institutional coordination, inconsistent enforcement of sanctions, and the influence of economic interests in forest utilization. In contrast, Australia tends to rely on a combination of command-and-control instruments, market mechanisms, and a more stringent and transparent surveillance and sanctions system at the federal and state levels, thus providing a relatively stronger deterrent effect. This comparison reveals that differences in institutional design, quality of governance, and level of public participation contribute significantly to the effectiveness of deforestation control in each country. This article recommends strengthening cross-sectoral coordination, increasing the independence and capacity of law enforcement, and expanding public participation and oversight mechanisms as policy lessons that can be adapted to improve deforestation control in Indonesia
Strengthening Community Participation in the Information Society Scheme within Cyberspace (Society 5.0) to Enhance the Performance of Public Security and Order Maintenance Hamid, Supardi
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.v23i1.7621

Abstract

The use of social media by the police is part of the transformation of policing functions in a digital era rule of law state. This study aims to analyse the use of cyberspace by the police in strengthening community participation in maintaining security and public order (harkamtibmas) from the perspective of cyber criminology and the protection of citizens' rights. This study uses a mixed method with an empirical juridical approach through interviews, legal documentation studies, and quantitative surveys conducted in four regional police areas. The results show that social media has functioned as an instrument of public service and digital community participation, but there is still a gap between the police response in cyberspace and the substantive response in the field. This condition has implications for public service accountability and has the potential to cause maladministration. In addition, digital interactions between the police and the community place the police as controllers of personal data, while the operational mechanisms for managing personal data have not been adequately regulated. This study concludes that digital policing must be positioned as a legal practice subject to the principles of legality, accountability, and protection of human rights, and requires the strengthening of an operational regulatory framework in order to optimise public order and security based on public participation.
Politik Hukum Internasional dalam Transisi Tatanan Dunia Menuju Multipolaritas Kunkunrat Kunkunrat
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

The shift in the world order from a unipolar system to a multipolar system is a global phenomenon that influences the dynamics of international legal politics. The dominance of one major power after the Cold War has begun to shift with the strengthening role of other major powers and the increasing influence of regional actors in global decision-making. This study aims to analyze international legal politics in response to the shift in the global power structure toward multipolarity and its implications for the formation and enforcement of international law. The research method used is normative legal research with a conceptual approach and an international legislative approach, through a literature review of international treaties, legal doctrine, and contemporary international relations practices. The results show that the shift toward a multipolar world order has influenced the process of forming international legal norms, which are increasingly influenced by the political interests of major powers, often weakening global consensus. However, multipolarity also opens up opportunities for creating a more inclusive balance of power and expanding the participation of developing countries in international legal governance. This research is expected to contribute academically to understanding the direction of developments in international legal politics amidst the changing global world order.
Criminal Law Policy On Corruption Criminal Acts: Considering The Death Penalty In The Framework Of Restorative Cension Noerdajasakti, Setiawan; Kristanto, Kiki
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.v23i2.7510

Abstract

Corruption offenses in Indonesia are positioned as extraordinary crimes that generate systemic impacts on state finances, the national economy, and public trust, thereby necessitating firm and effective criminal law policies. One of the punitive instruments normatively regulated is the death penalty, as specified in Article 2 paragraph (2) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, particularly when corruption is committed under certain circumstances. Nevertheless, in law enforcement practice, this provision has almost never been applied, giving rise to issues concerning its relevance, rationality, and consistency with the objectives of punishment, especially from the perspective of restorative sentencing and human rights protection. This study employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that the death penalty in corruption offenses functions more as a symbolic normative threat than as an applicable sentencing instrument and is less aligned with the orientation toward restoring state financial losses. Therefore, this research emphasizes the need to reform corruption-related criminal law policies by balancing strict law enforcement with the strengthening of restorative sentencing, in order to achieve substantive justice, effective corruption eradication, and the sustainability of the national legal system
Analysis Of The Effectiveness Of Corruption Investigation By The National Police In The Recovery Of State Financial Losses Salupen; Nashriana; Mada Apriandi Zuhir
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.v23i2.7623

Abstract

Corruption is a serious issue that threatens the nation's finances, making the recovery of state financial losses crucial. This study aims to analyze the mechanism for the recovery of state financial losses during the investigation stage of corruption by the Indonesian National Police investigators. The issues discussed include the effectiveness of the existing mechanism, the obstacles faced by investigators, and the future regulations needed to improve the recovery process. The research methodology used is a qualitative approach with data analysis through interviews and document studies. The results indicate that although there is a mechanism regulated by laws, there are still many obstacles hindering the recovery process, such as a lack of resources and coordination between institutions. The conclusion of this study recommends strengthening regulations and enhancing the investigators' capacity to expedite the recovery of state financial losses back into the state treasury.
NOTARY PUBLIC RESPONSIBILITY IN REPORTING SUSPECTED MONEY LAUNDERING CRIMES UNDER INDONESIAN LAW Munik, Apriyas; Hamidi Masykur, Mohammad; M Sudirman, M Sudirman; Jameela, Mariyam
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.v24i2.7675

Abstract

Money laundering is a serious crime that threatens the integrity of Indonesia's legal and financial systems. In practice, notaries, as public officials authorized to draw up authentic deeds, are often in a strategic position that can potentially be exploited as a means of money laundering. Therefore, notaries are burdened with the responsibility of reporting suspected money laundering crimes as part of the regime for the prevention and eradication of money laundering crimes. This study aims to analyze the form of notary responsibility in reporting suspected money laundering crimes and their legal implications according to Indonesian law. The research method used is normative juridical with a legislative and conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that the responsibilities of notaries in reporting suspected money laundering crimes have been regulated in various laws and regulations, but still raise normative issues, particularly regarding the limits of reporting obligations, the principle of professional secrecy, and legal certainty and protection for notaries. Therefore, regulatory clarity and synchronization of regulations are needed to ensure the effective implementation of notaries' responsibilities without neglecting the principles of prudence and legal protection.
Criminal Law Enforcement on Marine Pollution in Indonesia from the Perspective of Environmental Protection Satrih
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

Criminal law enforcement against marine pollution in Indonesia serves as a crucial instrument to maintain the sustainability of marine ecosystems and safeguard the rights of coastal communities. This article analyzes national and international regulatory frameworks, law enforcement implementation, victim protection, and the effectiveness of criminal law in addressing marine pollution, including oil spills, industrial waste, and Illegal, Unreported, and Unregulated (IUU) fishing. The findings indicate that, despite a relatively comprehensive legal framework, enforcement effectiveness is hindered by limited law enforcement capacity, complex evidentiary procedures, vast maritime areas, and weak inter-agency coordination. Modern criminal law approaches need to be both preventive and restorative, not only imposing sanctions on offenders but also promoting ecosystem restoration and protection for affected communities. Integration of national and international instruments, regulatory harmonization, and stringent corporate accountability are key to enhancing compliance and enforcement effectiveness. The synthesis of findings underscores that criminal law enforcement against marine pollution should be viewed as a multidimensional process combining legal norms, implementation practices, victim protection, and environmental rehabilitation, thereby ensuring the sustainability of marine ecosystems and the socio-ecological well-being of coastal communities.
LIFE INSURANCE CLAIMS DISPUTE RESOLUTION THROUGH THE CONSUMER DISPUTE RESOLUTION AGENCY (BPSK) Adi Salamat, Padian; Mansar, Adi; Arifin, Muhammad
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

Life insurance claim dispute resolution is a crucial aspect of consumer legal protection in Indonesia, particularly when claims are rejected by insurance companies. The Consumer Dispute Resolution Agency (BPSK) was established as an alternative out-of-court dispute resolution body, aiming to provide fast, simple, and low-cost resolution. However, in practice, the effectiveness of the BPSK in resolving life insurance claim disputes still faces various obstacles. This study aims to determine the procedures for resolving life insurance claim disputes through the BPSK, identify the obstacles encountered, and analyze efforts to optimize the resolution of these disputes. This study uses a normative legal research method with a statutory and conceptual approach, supported by primary, secondary, and tertiary legal materials. Data collection was conducted through literature review and qualitative analysis. The results indicate that life insurance claim dispute resolution through the BPSK is carried out through mediation, conciliation, and arbitration mechanisms, with final and binding decisions. However, its effectiveness still faces obstacles, including overlapping authority with the Financial Services Authority (OJK), weak enforcement powers of decisions, the technical complexity of insurance disputes, an imbalance in the bargaining position between consumers and businesses, and limited institutional capacity of the BPSK. Optimization efforts that can be implemented include strengthening regulations, harmonizing authority between institutions, increasing human resource capacity, increasing business compliance, and improving public legal and financial literacy. Therefore, strengthening the role of the BPSK is essential to realizing effective legal protection for consumers in life insurance claim disputes in Indonesia
Indonesian Moderate Islam: A Constructivist Approach to Global Perceptions Haqqi, Halifa
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

This study explores the construction of Moderate Islam in Indonesia and its significance for both national identity and foreign policy. As part of its strategic positioning, Indonesia actively promotes itself as a Moderate Muslim nation to counter radicalism and extremism, aligning this narrative with its commitment to tolerance and democracy. Employing a qualitative descriptive approach within a constructivist framework, this research examines policy documents, academic studies, and governmental reports to analyze the roles of state and non-state actors—including Muhammadiyah, Nahdlatul Ulama, and the Ministry of Foreign Affairs—in shaping and advancing the discourse of Moderate Islam through multi-track diplomacy. The findings indicate that Moderate Islam in Indonesia is not a static or preordained identity but rather an evolving construct shaped by historical, political, and sociocultural interactions. A paradox emerges as the state’s official narratives often fail to align with social realities, particularly concerning issues of intolerance and discrimination. The instrumentalization of Moderate Islam for political purposes raises critical concerns regarding inclusivity and representation. This study contributes to constructivist international relations theory by demonstrating how religious norms influence state behavior and shape diplomatic engagement. It further argues that policy reforms are necessary to bridge the gap between diplomatic rhetoric and domestic realities, ensuring that the discourse on Moderate Islam functions not only as a strategic tool of soft power but also as an authentic reflection of societal values.
Legal Analysis of the Rights and Obligations of Financial Institutions Regarding the Loss of Customers' Property Rights Certificates as a Result of Natural Disasters Eliezer, Ribka; Wartoyo, Franciscus Xaverius
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 loss of a customer's Certificate of Ownership (SHM) while it is in the possession of a financial institution as collateral for a loan is a legal issue that has implications for the rights, obligations, and civil liability of the financial institution. This study aims to analyze the legal regulations related to the obligations of financial institutions in storing and securing SHM based on the Banking Law, the Mortgage Law, and civil law provisions governing the relationship between creditors and debtors. In addition, this study examines the legal responsibility of financial institutions if the SHM is lost due to a natural disaster that meets the criteria of force majeure based on Articles 1244 and 1245 of the Civil Code. The method used is normative legal research with a regulatory, legal concept, and doctrinal analysis approach. The results of the study show that financial institutions are required to apply the principle of prudence in the storage of collateral documents, and if the loss occurs due to a natural disaster that is proven to be force majeure, financial institutions can be exempted from liability for compensation. However, financial institutions remain obliged to carry out administrative recovery, including assisting in the process of issuing replacement certificates and ensuring that customers' legal protection remains guaranteed. This study emphasizes the need for stricter document security standards to prevent the risk of loss due to disasters in the future.

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