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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.
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Articles 1,715 Documents
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Model of Regulation for Personal Data Protection of Online Loan Consumers Based on Maqasid Syariah and Personal Data Protection Law No. 27 of 2022 Rahmat Setiyadi; Ilham Abdi Prawira; Cici Sundari; Herri Novealdi
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 aims to analyze the Model of Regulation for the Protection of Personal Data of Online Loan Consumers Based on Maqasid Syariah and the No. 27 Of 2022 Personal Data Protection Law. This research employs a qualitative method with a normative juridical approach, utilizing primary data in the form of the PDP Law, as well as secondary data from social media and relevant journals. The analysis was carried out using NVivo 12 Plus to systematically process qualitative data through word, frequency, and attribute analysis. The study's results demonstrate that the PDP Law provides a robust legal framework for protecting the rights of data subjects, including the right to privacy, security, and control over their personal data. This law emphasizes that online loan providers are required to obtain the user's explicit consent before processing their data (Articles 15–20) and provide consumers with the right to access, correct, or delete their personal data (Article 16). The PDP Law also provides for administrative and criminal sanctions for violations, including hefty fines and imprisonment (Articles 57–63), to ensure transparent, fair, and accountable data management. From the perspective of Maqasid Sharia, the protection of personal data aligns with the principles of hifz al-nafs (protection of life), hifz al-'aql (protection of reason), and, in particular, hifz al-'irdh (protection of honor). Violations of personal data are viewed as a violation of human honor and dignity, which is contrary to the values of Justice and benefit in Sharia. Thus, the protection of personal data of borrowed consumers reflects the synergy between positive law and Islamic ethical principles.
Restorative Justice in the Handling of Criminal Acts Related to Information and Electronic Transactions Pendi Wibison; Novi Indah Earlyanti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7443

Abstract

This study was motivated by the fact that investigators from the Cyber Crime Directorate of the Indonesian National Police often do not prolong the case process and encourage victims/reporters and perpetrators/reported parties to resolve the case through deliberation. This is based on Indonesian National Police Regulation No. 8 of 2021 concerning the Handling of Criminal Acts based on restorative justice. The purpose of this study is to objectively determine the handling of ITE criminal cases using a restorative justice approach, the effectiveness of the resolution, and the factors that influence it. The theoretical basis uses the Legal System, Theory of Justice, Theory of Legal Limiting Principles, Concepts of Investigation and Inquiry, Concept of Democting Policing, Concept of Restorative Justice, Concept of ITE Crimes, and Concept of Police Science. A qualitative approach was used with a case study method, with primary and secondary data sources using interview, observation, and document study techniques. Data analysis techniques included data reduction, data presentation, and conclusions. The results of the study show that 1) The handling of ITE criminal cases with a justice-based approach at the Cyber Crime Directorate of the Indonesian National Police is guided by Perpol Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice, ST Kapolri No. 339/II/Res. 1.1.1/2021 concerning Guidelines for Handling Criminal Cases and SE Kapolri Number SE/2/11/2021 concerning Ethical Cultural Awareness to Create a Clean, Healthy, and Productive Indonesian Digital Space. Investigators adhere to the principle that criminal law is a last resort in law enforcement (ultimatum remedium) and prioritize restorative justice; 2) The settlement of ITE criminal cases using a restorative justice approach has not been effective, even though there is a clear legal framework, but its implementation has not yet led to the optimal application of the philosophy of restorative law enforcement; 3) Factors that influence the effectiveness of handling ITE criminal cases with a restorative justice approach include legal substance, legal structure, and legal culture.
Optimizing Policing Law for Restorative Justice: Evidence from Indonesian Law Enforcement Yoyok Ucuk Suyono; Sugeng Iryanto
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

Restorative justice is crucial for Indonesian society today. The Indonesian National Police, as the executor of state government functions in law enforcement, in addition to providing protection, care, and service to the community, is expected to fulfill the public's demand for justice. Public expectations are high for the Indonesian National Police, as a law enforcement agency, which is authorized by law to conduct investigations into all criminal acts within the framework of law enforcement. This law enforcement is carried out in accordance with the National Police Chief's priority program, which promotes the concept of Transformation towards a Predictive, Responsive, and Transparent Police Force to achieve the objectives of the law. The public demands that National Police investigators understand their authority to take action against perpetrators of criminal acts during the investigation process based on the principle of achieving justice (Pro Justitia). This is a manifestation of a series of legal actions within the criminal justice system. Police investigators as law enforcers so that there is no doubt in taking action are given personal authority, based on Law Number 8 of 1981 concerning the Criminal Procedure Code Article 7 Paragraph (1) point j and Law Number 2 of 2002 concerning the National Police which is regulated in Article 16 paragraph (1) point 1 and Article 18, "can take other actions", with "certain conditions" which are called Police discretion. In carrying out their current duties and authority, with the development of the strategic environment of community demands to realize restorative justice as a solution to fulfill the community's sense of justice, Police investigators must be realistic in linking discretionary actions with restorative justice.
How Organizational Support Shapes Whistleblowing Intention: The Mediating Role of Attitude Toward Whistleblowing Bimo Satrio Wicaksono; Nanang Suryadi; Desi Tri Kurniawati
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7576

Abstract

Whistleblowing is a vital mechanism for strengthening internal control and corporate governance, particularly in the banking sector, which is highly exposed to fraud risks. However, employees’ willingness to report wrongdoing is often constrained by perceived personal risks and uncertainty regarding organizational support. This study examines the effect of perceived organizational support on whistleblowing intention, both directly and indirectly through attitude toward whistleblowing as a mediating variable. Using an explanatory quantitative approach, data were collected from employees of a commercial bank branch in Indonesia and analyzed using Partial Least Squares–Structural Equation Modeling (PLS-SEM). The results indicate that perceived organizational support has a positive and significant effect on whistleblowing intention. In addition, perceived organizational support positively influences employees’ attitudes toward whistleblowing, which in turn significantly enhances whistleblowing intentions. The mediation analysis confirms that attitude toward whistleblowing partially mediates the relationship between perceived organizational support and whistleblowing intention. These findings suggest that organizational support plays a crucial role not only as a protective mechanism but also as a psychological driver that shapes employees’ ethical attitudes and reporting intentions. This study contributes to the whistleblowing literature by integrating Organizational Support Theory and the Theory of Planned Behavior and provides practical insights for strengthening whistleblowing systems and ethical governance in the commercial banking sector. Keywords: perceived organizational support, attitude toward whistleblowing, whistleblowing intention, commercial bank.
Hakikat Penyelesaian Sengketa Pidana Korporasi di Luar Pengadilan Hisbul Luthfi; Agus Yudha Hernoko; Taufik Rachman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7579

Abstract

The regulation of corporate criminal liability in Indonesia has predominantly adopted a repressive and retributive paradigm, positioning criminal prosecution as the primary enforcement mechanism. This approach is reflected in Supreme Court Regulation Number 13 of 2016, which emphasizes formal adjudication despite corporate sanctions being largely financial in nature. Such a model often disregards the broader socio-economic impact of corporate punishment, including consequences for employees, shareholders, consumers, and public interests. This article aims to analyze the philosophical and normative foundations of resolving corporate criminal cases outside the court system, shifting from retributive justice toward corrective, rehabilitative, and restorative justice models in accordance with contemporary criminal law developments. This study employs normative legal research using statute, conceptual, case, and comparative approaches. Legal materials are analyzed qualitatively to assess coherence between positive law, legal principles, and emerging paradigms of corporate criminal responsibility. The research finds that the enactment of Law Number 1 of 2023 on the Indonesian Criminal Code signifies a paradigmatic shift toward restorative and rehabilitative justice in corporate sentencing, particularly under Article 56. This study proposes an out-of-court corporate crime settlement model grounded in proportionality, efficiency, and social justice, offering a novel framework that balances law enforcement objectives with corporate sustainability and public welfare.
The Effect of Understanding and Awareness of Taxpayers on Compliance in Paying Rural and Urban Land and Building Tax, with Trust in Government as an Intervening Variable (A Study of PBB-P2 Taxpayers in East Kotawaringin Regency) Ibnu Reza Prasetya; Kadarisman Hidayat; Saparila Worokinasih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7619

Abstract

The purpose of this study is to examine the effects of taxpayer understanding and taxpayer awareness on compliance in paying Rural and Urban Land and Building Taxes (PBB-P2), as well as to assess the mediating role of trust in the government. This research adopts a quantitative approach using a Likert-scale questionnaire. Data were collected from PBB-P2 taxpayers in East Kotawaringin Regency, with 240 valid responses. The data were analyzed using Partial Least Square–Structural Equation Modeling (PLS-SEM). The results indicate that taxpayer understanding has a positive and significant effect on trust in the government, and taxpayer awareness also shows a positive and significant effect on trust. However, both understanding and awareness have a negative and significant effect on tax compliance. These findings reveal a paradox where higher understanding and awareness are associated with lower compliance. Moreover, trust in the government does not significantly influence taxpayer compliance and does not mediate the relationships between understanding or awareness and tax compliance. The study suggests that local governments need to strengthen transparency in tax fund management, improve the quality of tax services, and develop more effective communication strategies that foster both knowledge and behavioral compliance. Enhancing public trust through accountability, better reporting mechanisms, and improved service delivery is essential. Future studies may incorporate additional variables such as fairness perception, service quality, or enforcement mechanisms and extend the research scope for broader insights.
Stakeholder Roles in Maliosewu Culinary Tourism Management Muthidatul Anisa; Yulianto Yulianto; Ani Agus Puspawati; Dian Kagungan
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

Community-based culinary tourism is a growing instrument for local economic development in the region. However, the sustainability of this type of destination is primarily determined by governance and stakeholder relationships. This study aims to analyze the roles and positions of stakeholders in the management of Maliosewu Culinary Tourism in Pringsewu Regency. The study used a qualitative case study design. Data were collected through in-depth interviews, field observations, and document reviews, then analyzed using a stakeholder mapping approach with the Power–Interest Grid model. The results show an imbalance in the levels of interest and capacity for influence among actors. The Pringsewu Regency Youth and Sports Agency (DISPRAPAR) plays a key role, with relatively high structural power and interests, although its involvement remains predominantly administrative. The Pringsewu Regency Regional People's Representative Council (DPRD) is in the context-setter position with latent power but selective involvement.Meanwhile, managers, MSME traders, and the surrounding community have strong interests but limited influence, while visitors are in the crowd, with restricted interests and influence. These findings confirm that the main challenge in managing Maliosewu Culinary Tourism lies in the imbalance in the relationship between authority, interests, and participation mechanisms. Therefore, a stakeholder management strategy that is differential and contextual is needed to support the destination's social, economic, and institutional sustainability.
The Role of Indigenous Leaders in the Mediation of Land-Based Social Conflicts in the Bugis Makassar Indigenous Peoples: A Qualitative Case Study Putu Bagus Rama Yuda; Ni Gusti Agung Ayu Mas Tri Wulandari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7753

Abstract

This study aims to understand in depth the role of indigenous leaders in mediating land-based social conflicts in the Bugis–Makassar indigenous peoples, especially in Jeneponto Regency, South Sulawesi. Land conflicts in this region are not only rooted in the issue of ownership, but also concern the value of honor (siri') and social solidarity (pacce). The approach is qualitative, with a phenomenological case study design, enriched by a socio-legal perspective that views customary law as a social system embedded in Indonesian legal pluralism. Data were collected through in-depth interviews, participatory observations, and documentation studies of customary mediation practices. The results of the study show that traditional leaders (ade' to-matoa) play a strategic role as moral mediators, guardians of social harmony, and the link between customary law and state law. The customary mediation process is carried out through three main stages, namely Mappatettong Siri', Mappasilasae, and Pappaseng Siri'na Ade', which emphasizes the values of honesty (lempu') and empathy (pacce). The value of siri' na pacce serves as a principle of restorative justice, placing the restoration of social relations above formal punishment. These findings show that Bugis-Makassar customary law remains a living law capable of filling the void in substantive justice within the national legal system. This research recommends strengthening customary institutions as strategic partners of the state in community-based dispute resolution, and integrating local cultural values into national legal policies to make the Indonesian legal system more humane and context-sensitive
Bibliometric‐Enhanced Legal Information Retrieval in Business Law: A Review of Methods and Applications Retna Gumanti; Kartini Laras Makmur; Nita Anggraeni; Arhjayati Rahim
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7754

Abstract

The rapid digitalization of legal documents has intensified the need for advanced legal information retrieval (LIR) systems, particularly in business law, where regulatory complexity, corporate governance, and cross-jurisdictional norms intersect. Traditional LIR approaches, which rely heavily on keyword matching and textual similarity, often fail to capture legal authority, contextual relevance, and jurisprudential influence. In response to these limitations, bibliometric-enhanced legal information retrieval (B-LIR) has emerged as an interdisciplinary approach that integrates citation-based indicators with semantic and textual analysis. This study provides a systematic and critical review of bibliometric-enhanced LIR methods and their applications in business law. The study analyzes peer-reviewed publications indexed in Scopus and Web of Science between 2023 and 2025. Bibliometric mapping and thematic synthesis are employed to identify methodological trends, conceptual clusters, and influential works. The findings reveal a clear methodological evolution from keyword-based retrieval toward hybrid models that combine deep semantic representations with citation-based authority measures. Results indicate that integrating bibliometric indicators such as citation frequency, co-citation networks, and authority ranking enhances retrieval relevance, interpretability, and decision-support potential in business law contexts. However, the review also identifies significant research gaps, including limited domain-specific validation, ethical concerns related to citation bias, and underutilization of bibliometric signals for predictive legal analytics. This study contributes theoretically by framing B-LIR as a complementary synthesis of legal semantics and bibliometric authority, and practically by highlighting its potential for corporate compliance, legal decision support, and regulatory intelligence systems. The paper concludes by outlining future research directions involving hybrid AI-bibliometric frameworks, citation context analysis, and explainable legal information systems tailored to business law
The Principle Of Balance In Partnership Relationships Between Micro, Small, And Medium Enterprises (Msmes) And Modern Stores From The Perspective Of Fair Business Competition Rezmia Febrina; Krisnadi Nasution; Rosalinda Elsina; Fahmi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7755

Abstract

The expansion of modern retail stores is characterized by targeting almost all zones or regions, including areas adjacent to or within the area of traditional markets and MSMEs. This is despite Law Number 20 of 2008 concerning MSMEs, Minister of Trade Regulation Number 18 of 2022 concerning Amendments to Ministerial Regulation Number 23 of 2021 concerning Guidelines for the Development, Arrangement, and Guidance of Shopping Centers and Modern Stores, and Pekanbaru City Regulation Number 9 of 2014 concerning the Management of Traditional Markets, Shopping Centers, and Modern Stores, which regulate partnerships between MSMEs and modern retail stores. The research in this dissertation uses normative legal research. The urgency of regulating partnership relationships between Micro, Small, and Medium Enterprises (MSMEs) and Modern stores from the perspective of fair business competition is crucial to create a healthy, equal, and sustainable business ecosystem. The imbalance in bargaining power between MSMEs and Modern stores often leads to business practices that are detrimental to MSMEs, such as unilateral contracts, unreasonable cost burdens, and late payments. With strengthened regulations, effective supervision, and affirmative policy support, partnerships between MSMEs and Modern stores can become a strategic instrument to encourage fair and equitable national economic growth. The concept of regulating partnership relations between Micro, Small, and Medium Enterprises (MSMEs) and Modern stores in the perspective of fair business competition emphasizes the importance of equal bargaining positions, clarity of rights and obligations, protection against potential unfair business practices based on the principle of justice in order to create fair, healthy, and sustainable business competition in Indonesia.

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