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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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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 Arteria Dahlan; Darryl Evan Brouwer; Daniel Julian Tangkau
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.v23i2.7320

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 Henrico DP Hutagalung; Muhammad Arifin; Ida Hanifah
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.v23i2.7331

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.
Legal Review of Election Money Politics In Indonesia Hartana; Didik Suhariyanto
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.v23i2.7346

Abstract

The Money politics has long been a major concern in the context of general elections in Indonesia. From a legal perspective, the practice of money politics has serious implications for the integrity and fairness of the electoral process. Through a comprehensive legal review, this article investigates the legal framework governing money politics in the 2024 Indonesian elections. By analyzing existing regulations, implementation challenges, and law enforcement efforts, this article presents a clear picture of the status of money politics in the Indonesian legal system. The conclusion highlights the importance of proactive measures to strengthen law enforcement, raise public awareness, and improve the electoral system to maintain integrity and fairness in future elections.
The Effectiveness of the Deradicalization Program in Preventing Terrorism in Indonesia: Challenges of Reintegration and Its Implications for National Security Kamal; Andi Purnawati; Mukhlis Lubis
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.v23i2.7397

Abstract

In recent years, deradicalization programs have gained increasing importance in Indonesia's efforts to combat terrorism and ensure national security. However, despite their implementation, the effectiveness of these programs, particularly in terms of social reintegration, remains a key challenge. This study aims to evaluate the effectiveness of Indonesia’s deradicalization program, focusing on both ideological change and social reintegration of former extremists. Using a qualitative approach, the research conducted in-depth interviews, participant observations, and document analysis involving former terrorists, BNPT officials, and religious leaders. The findings reveal that while ideological shifts were successfully achieved through religious and psychosocial approaches, challenges in social reintegration, such as societal stigma and lack of family support, continue to hinder long-term success. The research underscores the importance of a more comprehensive approach to deradicalization, emphasizing social reintegration strategies to ensure sustained national security. The study offers practical recommendations for policymakers to strengthen post-program support, including anti-stigma campaigns and community-based reintegration initiatives. These findings contribute to the broader discourse on counterterrorism and deradicalization strategies in Indonesia
Integrity and Morality of the Notary Office: A Study of Legal Philosophy and Professional Ethics Wulan Permatasari; Suratni; Windy Panoedjoe Soebagyo; Raisa Rahmah Zafirah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The notary profession holds a crucial position in the Indonesian legal system as a public official authorized by the state to issue authentic deeds. However, in practice, various ethical violations and moral deviations have emerged that have damaged the image and public trust in this profession. Therefore, an in-depth study of the nature of integrity and morality within the notary profession is necessary from the perspective of legal philosophy and professional ethics. This study aims to outline the philosophical and ethical foundations of notary integrity and analyze how moral values ​​can be internalized in the performance of notarial duties to achieve justice and legal certainty. This study uses a qualitative, normative-philosophical approach by examining legal literature, notarial codes of ethics, and ethical theories such as deontology and teleology. The analysis is conducted descriptively and analytically to interpret the moral values ​​and legal principles underlying the notary profession's responsibilities. The results show that notary integrity stems not only from adherence to positive law but also from moral awareness rooted in the values ​​of honesty, justice, and social responsibility. Legal philosophy provides a rational basis for the importance of morality as the spirit of the legal norms implemented by notaries. Integrity and morality are the primary foundations of the notary profession. Both must be maintained through ethics education, moral oversight, and enforcement of the professional code of ethics so that notaries can carry out their role with dignity, fairness, and a focus on the legal interests of the community.
STRENGTHENING TRANSPARENCY AND ACCOUNTABILITY IN VILLAGE FUND MANAGEMENT THROUGH A FINANCIAL LAW APPROACH Hendra Karianga
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 explores ways to make Village Funds management in Indonesia more open and responsible by using both financial law ideas and digital governance strategies in today's digital world. This study is important because there are still problems with managing village money, like not having enough trained people, weak internal controls, and constant corruption, even though there are more laws and digital tools like SISKEUDES being used. The purpose of this research is to see how legal rules fit with what is really happening, to judge how well digital systems make things more transparent, and to discover ways to encourage governance that is responsible and prevents corruption. The study uses a qualitative method that combines legal study with real-world research to look at important laws—like Law No. 6/2014, Minister of Home Affairs Regulation No. 20/2018, and Minister of Villages Regulation No. 6/2020—along with actual information gathered from observations and documents. The findings show that digital technology greatly improves how correct reports are, the tracking of audits, and the public's ability to see financial information, but its success depends on administrative skills, technology setup, and the regular enforcement of legal guidelines. It determines that to improve how Village Funds are governed, there needs to be a strong legal foundation, skill development, effective monitoring systems, and digital tools that encourage transparency, responsibility, and community involvement.
A Comparative Legal Study of Indonesia’s Narcotics Law No. 35 of 2009 and Canada’s Cannabis Regulations SOR/2018-144 on Medical Cannabis Regulation Bima Guntara
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.v24i2.7414

Abstract

Cannabis has long been subject to strict legal control due to its psychoactive properties and potential for abuse, while at the same time attracting increasing attention for its potential medical applications. This study examines the legal regulation of medical cannabis through a comparative analysis of Indonesia’s Law Number 35 of 2009 on Narcotics and Canada’s Cannabis Regulations SOR/2018-144. The research addresses two main issues: first, how medical cannabis is regulated under the respective legal frameworks of Indonesia and Canada; and second, how Indonesia’s institutional approach, particularly through the National Narcotics Agency, responds to medical cannabis needs in comparison with Canada’s regulatory model. This study employs normative legal research using statutory and comparative approaches, supported by legal literature and relevant institutional data. The findings indicate that Indonesia adopts a prohibition-based approach by classifying cannabis as a Schedule I narcotic, thereby excluding its use for medical purposes on the basis of abuse prevention and public health protection. In contrast, Canada recognizes the medical use of cannabis and regulates it through a comprehensive licensing, distribution, and supervision system involving healthcare professionals. The comparative analysis highlights fundamental differences in legal priorities, regulatory design, and institutional responses, demonstrating how public health considerations and risk management are addressed differently within each legal system. These findings provide insight into the regulatory implications of divergent legal approaches to medical cannabis within contemporary narcotics law.
Age Requirement and Legal Certainty in Indonesia’s Presidential Candidacy after Decision No. 90/PUU-XXI/2023 Abdul Hadi
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.v24i2.7423

Abstract

This study examines the implementation of Law Number 7 of 2017 concerning General Elections, focusing on the minimum age requirement for presidential and vice-presidential candidates in Indonesia. The issue became significant after the Constitutional Court Decision Number 90/PUU-XXI/2023, which reinterpreted Article 169(q) to allow candidates under 40 years old to run if they currently hold or have held an elected public office. The research aims to analyze the legal certainty of this age limitation and its conformity with the principles of justice and equality enshrined in the 1945 Constitution. Using a normative juridical method, this study reviews relevant statutory provisions, legal doctrines, and academic commentaries to evaluate the consistency between the Court’s decision and constitutional values. The results reveal that the decision introduces a progressive shift in Indonesia’s constitutional jurisprudence by harmonizing formal legality with substantive justice. It ensures that legal certainty is maintained while promoting inclusiveness and equal opportunity in the democratic process. The conclusion emphasizes that the reinterpretation strengthens Indonesia’s constitutional democracy by affirming that leadership eligibility should be based on competence and public trust rather than age alone. This finding highlights the importance of integrating constitutional justice with democratic participation in future electoral law reforms.

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