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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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Digital Economy Taxation and Global Tax Governance: Legal Challenges and Future Directions Indrawan Hadiyanto; 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.v23i2.7505

Abstract

The rise of the digital economy has posed fundamental challenges to traditional tax principles and global tax governance. In response, the OECD/G20 Inclusive Framework has proposed a Two-Pillar Solution – comprising a new profit allocation mechanism and a global minimum tax – to modernise corporate taxation for the digital era. However, these reforms encounter substantial legal obstacles, including jurisdictional conflicts, potential overlaps with national digital service taxes, and debates over treaty reform and tax sovereignty. This article examines these complexities through doctrinal and comparative analysis of international tax laws, OECD models, and UN proposals. The analysis explores how rules on permanent establishment, profit allocation and anti-abuse respond to digitalisation, and how the Inclusive Framework negotiations affect global tax governance. Tensions between unilateral measures (such as digital services taxes) and multilateral solutions are considered, as well as equity concerns of developing countries. The findings highlight key challenges: the difficulty of reconciling national tax sovereignty with collective agreements, the risk of double taxation or gaps, and the contested roles of the OECD versus the United Nations in shaping future norms. The study concludes that coherent global tax governance will require both legal innovation and strengthened cooperation. It suggests future directions, including refining treaty rules and broadening international consensus (potentially beyond the OECD-led forum), to achieve fair and effective taxation in the digital age.
Repositioning Public Consultation In Land Acquisition For Public Interest: A Legal Reform Perspective In Indonesia Labib Renedy Crisdianto; Iwan Permadi; Herlindah
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.v24i1.7527

Abstract

Land acquisition for public purposes is an important instrument in national development that often raises issues, particularly regarding the protection of the rights of affected communities. One crucial aspect that is often questioned is the implementation of public consultation. Normatively, Law No. 2 of 2012 on Land Acquisition for Development for Public Purposes and its implementing regulations have regulated the mechanism for public consultation. However, practices in the field show the dominance of government actors without balanced participation from civil society, resulting in procedural injustice and potential agrarian conflicts. This indicates the need to reconceptualise the repositioning of public consultation as an instrument of democratisation in the land acquisition process. This study departs from two problem formulations, namely: (1) how public consultation is regulated in land acquisition for public interests in Indonesia; and (2) how the reconceptualisation of the repositioning of public consultation can strengthen land acquisition for public interests. Meanwhile, the research method used is normative legal research, with a legislative, conceptual, and comparative approach. The results of this study show that, first, the current regulation of public consultation is still administrative-formal in nature and does not guarantee the substantive involvement of the community. Second, public consultation as regulated in Law 2/2012 and its derivatives has not been able to be implemented de facto.
Analysis of Contract Implementation in E-Commerce Transactions: A Review Based on the Civil Code Agung Setya Nugraha; Anto Kustanto; Arum Widiastuti
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.v23i1.7528

Abstract

Digital transformation in the trade sector has driven significant changes in contract implementation patterns, particularly in e-commerce transactions. This study aims to analyze the implementation of e-commerce contracts from the perspective of the Civil Code (KUHPerdata), focusing on the validity requirements of contracts, evidence mechanisms, and legal protection for the parties involved. This research uses a normative juridical approach through analysis of national regulations, jurisprudence, and current legal literature. The research results show that although the Civil Code remains relevant in principle through the principle of consensualism and freedom of contract, digital contract forms such as click-wrap agreements pose challenges in terms of evidence and substantial justice, especially for consumers. There is disharmony between the Civil Code, the ITE Law, and the Consumer Protection Law that causes legal uncertainty. Therefore, regulatory harmonization and reinterpretation of classical norms are needed to ensure adaptive and proportional legal protection in the digital transaction ecosystem. This research emphasizes the importance of updating the civil law system to be able to answer the challenges of legal relations in the e-commerce era.
Strategic Framework for the Organization of Regional Head Elections (Pilkada) by the General Election Commission (KPU) in Southern Sumatra (Lampung, Jambi, Bengkulu, and Babel) during the COVID-19 Pandemic Redi Pirmansyah; Junaidi; Martindo Merta
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.v23i1.7551

Abstract

Indonesia’s democratization, particularly through regionalhead elections (Pilkada), has been a significant step indecentralization and empowering citizens. However, theCOVID-19 pandemic introduced unforeseen challenges inexecuting these elections. The pandemic created a tensionbetween maintaining democratic participation andaddressing public health concerns, making it difficult fortraditional election campaigns and procedures to continueas usual. This study explores how the General ElectionCommission (KPU) of Indonesia adapted the regional headelections in Southern Sumatra in response to the COVID19 pandemic. Specifically, it aims to evaluate the strategicadjustments made by the KPU to balance democraticprocedures with health protocols during the crisis. Theresearch utilizes a qualitative descriptive approach,focusing on document analysis of relevant regulations suchas Government Regulation No. 2/2020 and KPURegulations No. 5 and 6/2020. The study assesses themodifications made to electoral procedures to ensure thecontinuity of democratic processes while prioritizing publichealth. The findings demonstrate that the KPUsuccessfully implemented several strategies to ensure thesafety of voters and election participants during thepandemic. These strategies included strict health protocols,virtual communication methods, and educationalcampaigns aimed at increasing voter awareness. Despitethe challenges, the KPU managed to facilitate elections thatadhered to health guidelines while promoting active civicparticipation.
Combating Corruption Through An Approach To Restoring The Anti-Corruption Behavior Structure Of Law Enforcement Officials Ino Susanti
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.v23i2.7572

Abstract

nti-corruption discourse is linked to how the government implements the law with strong and fair punishments, which strengthens regional resilience. This concerns law enforcement integrity, good rules, and legal culture. The issues are how to combat corruption by restoring law enforcement officials' anti-corruption behavior and why the rule of law is necessary. This research combines a normative legal research method/doctrinal approach with a literature or document study, legislative, conceptual, and case approaches. Laws and officer training do not limit anti-corruption efforts. More importantly, law enforcement must be able to find normovertreding behaviors/actions that perpetrators are unaware of. Reinstating law enforcement anti-corruption behavior is the key to ending corruption and restoring law's dominance. Pancasila, the nation's philosophy of life, and the 1945 Constitution require law enforcement officials to prioritize the welfare of Indonesian citizens when responding to, handling, and prosecuting corruptors. The advice should be a transformation from scientific truth based on normative criminal law instruments, alongside an understanding of the importance of fighting corruption by restoring law enforcement officials' anti-corruption behavior to respect law and defend community rights to welfare. Justice in law enforcement, the benchmark for eradicating corruption, should be realized in the supremacy/power of law by restoring law enforcement officials' anti-corruption behavior in combating corruption within a National Legal System based on Pancasila and the 1945 Constitution.
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

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

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 Supardi Hamid
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

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

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 Setiawan Noerdajasakti; Kiki Kristanto
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.

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