cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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 1,613 Documents
 17   18   19   20   21 
The Restorative Justice Based Health Criminal Law Policy: Orientation and Formulation Darma, I Made Wirya; Arifin, Zainal; ary Mahadnyani, Tjokorda Mirah
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.v22i2.3463

Abstract

Health criminal law policies are important in maintaining community welfare. Complex issues involve law enforcement against illegal drugs, alcohol, smoking, and mental health problems, with ethical considerations regarding the use of punishment versus rehabilitation. The aim of this research is to analyze the integration of a restorative justice orientation in health criminal law policy and evaluate its impact on the effectiveness of law enforcement in protecting public health, as well as identifying obstacles and challenges in its implementation in Indonesia. This research uses a document analysis approach to examine legislation related to health criminal law and the concept of restorative justice, as well as a qualitative approach in data analysis to formulate health criminal law policies based on restorative justice from various legal documents and relevant literature. The research results show that the Restorative Justice Orientation can be integrated into health criminal law policies with various positive impacts, including recovery in dealing with public health violations, rehabilitation without unnecessary criminalization, community involvement, victim recovery, community safety, public education, and cross-border cooperation. sector. Evaluation and revision of policies is important to create a fairer and more sustainable legal system. However, the implementation of this policy in Indonesia has complex challenges such as low public awareness of the concept of restorative justice, limited resources, unequal access to health services, changes in legal culture, injustice, and the role of legal institutions that must be changed
Pension Plan (JHT) by the Government in the Manpower Sector Based on the Concept of the State of Law in the City of Tangerang Yusuf, Yusmedi; Myranika, Annie; Karimah, Sofiatul; Fadhlillah, Muhammad Rizqi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3469

Abstract

The government in the field of manpower has issued a new regulation regarding Pension Plan (JHT) for workers/laborers when they enter retirement age, experience total disability and die. In the new regulation issued by the Minister of Manpower, it has changed the application of JHT for workers to obtain the benefits of JHT payments after reaching the age of 56 (fifty six) years. JHT which is issued based on the Regulation of the Minister of Manpower of the Republic of Indonesia Number 2 of 2022 concerning Procedures and Requirements for Payment of Pension Plan Benefits, causes workers/laborers to lose their normative rights to work and a decent life in accordance with the objectives of labor law.The research method used is a normative legal research method, namely research on library materials which are basic data in science classified as secondary data. . Normative legal research serves to provide juridical arguments when there is a vacuum, ambiguity, and conflict of norms.Development in the field of manpower is basically in accordance with the objectives of the law, namely justice, order and benefit for the welfare of workers and their families. This is done because development in the field of manpower involves harmonious industrial relations between the government, employers, and workers. In the concept of a state of law, the provision of Pension Plan (JHT) benefits, the government in the field of manpower should provide legal protection for workers/laborers.
Sustainable Development Legal Policies In The Implementation Of Sustainable Construction At Indonesia Agustina, Agustina; Eddy, Triono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3477

Abstract

construction in Indonesia, and comprehensively discuss legal policies in overcoming the challenges and obstacles of sustainable construction. This type of research is normative juridical with a descriptive-analytical approach to discuss existing legal symptoms and problems and test them based on legislation and legal norms. The results of this research show that the legal regulation of sustainable development and construction is regulated in: the environmental protection and management law, the construction services law, the Presidential Regulation on the implementation of achieving sustainable development goals, and the PUPR ministerial regulation on guidelines for implementing sustainable construction in conjunction with the PUPR ministerial regulation on assessing the performance of green buildings. Legal policies in facing challenges and obstacles to sustainable development and construction are carried out through penal policies, namely strengthening regulations as guidelines for sustainable development and construction, the obligation to make strategic environmental studies in every government program and policy, non-penal by involving community participation in development, education, improving the quality of human resources and mastering green construction technology.
THE PARADIGM OF LAW AS A SOCIAL ENGINEERING IN THE EXISTENCE OF CRYPTO ASSET MONITORING: WHAT AND HOW? Basworo, Handityo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3482

Abstract

The development of transactions through crypto assets is one of the practices carried out in the digital business world. The existence of transactions through crypto assets makes the state regulate and supervise crypto assets. One of the legal policies carried out by the state is to supervise crypto asset transactions by the OJK institution. This study aims to answer two legal issues, namely the implications of regulating crypto asset supervision after the passing of the Law No. 4 of 2023 on Financial Sector Development and Strengthening (PPSK Law) and the orientation of crypto asset supervision after the passing of the PPSK Law from a law perspective as a tool of social engineering. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the implications of supervising crypto assets after that is to make the existence and position of CoFTRA as a supervisor of transactions using crypto assets increasingly lead to ambiguity because the authority regarding the supervision of crypto assets becomes the authority of the OJK. The orientation of oversight of crypto assets in the perspective of law as a social engineering can be seen that the substance of oversight of crypto assets by the OJK aims to carry out community engineering, namely in the form of future efforts so that the community can optimize crypto asset transactions to increase the strengthening of national finance and to give the public a sense of security for transactions crypto assets carried out, the state took the initiative to formulate oversight of crypto assets by OJK because OJK is considered the right and appropriate institution in efforts to regulate and supervise crypto asset transactions.
Juridical Review of the Strength of Electronic Evidence To Proof Online Lending Agreement Meher, Montayana; Ginting, Lilawati
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.v23i1.3483

Abstract

Online lending is a financial service provider for the community, with the granting of this online financial service license, it is hoped that the community, whose economy has been affected and has experienced setbacks during the Covid-19 pandemic, can be helped again to carry out their business activities. When viewed from the practical side, online loans are very helpful and make it easy for people to borrow money. Unlike banks or pawnshops that require a lot of administrative requirements and also collateral or collateral. The research in writing this scientific work is normative juridical research. Normative juridical research is research that examines the application of legal rules and norms related to the topic discussed. The nature of this research is descriptive, namely research that analyzes a legal regulation. All electronic documents in online lending and borrowing agreements that are affixed with valid electronic signatures and also carried out in accordance with the standard provisions stipulated in the Civil Code, ITE Law, and Financial Services Authority Regulations, are valid and strong as electronic evidence and have the same position as letter evidence. Therefore, every online lending and borrowing agreement in which the customer defaults, can file a lawsuit for default to the district court with initial evidence in the form of electronic documents.
Existence of Registered/Unregistered Marriage Clauses in Family Cards from a Family Law Perspective Febrianty, Yenny; Sulastri, Sulastri; Zulfiani, Zulfiani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3485

Abstract

Family plays a central role in maintaining the stability and continuity of a nation, and marriage is the primary foundation for forming a legally recognized family. The Family Card records marital status and holds a crucial role in family administration and the legal rights of family members. However, practices in the field often do not align with the rules of recording marriages in the Family Card. This research aims to examine the influence of marriage clauses in the Family Card on the legal status of marriage from the perspective of family law, as well as its impacts in the social context. Using a normative legal research method, with a legislative approach and data from relevant legal documents, this study contributes to understanding and addressing family law issues in Indonesia while adapting to the diverse social and religious realities of the community. The research findings show that recording marriage in the Family Card has a significant impact from the perspective of family law in Indonesia. Recorded status in the Family Card provides legal certainty, better legal protection, and easier access to rights and benefits. Conversely, "Not Recorded" status can create legal uncertainty, obstacles in obtaining rights and benefits, and a higher risk of legal consequences in divorce and inheritance rights. The social impacts of the existence of marriage clauses recorded or not recorded in the Family Card are diverse. Recorded marriages create positive social recognition, family support, and easier access to social programs, while unrecorded marriages can result in social stigma, discrimination, and uncertainty regarding the rights of children born from such marriages.
Analysis of Narcotics Circulation in Riau Province; inherited and studied in the View of Criminology Integrative Theory Rinaldi, Kasmanto; Tutrianto, Rio; Ahmad, Muhamad Fazil bin; Zulherawan, M.
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3489

Abstract

The rise of narcotics smuggling in Indonesia is a complex issue that requires a comprehensive explanation. The use of integration theory, specifically the integration of Cultural Transmission and Differential Association, can provide a better understanding of the phenomenon of narcotics crime in urban areas. Cultural Transmission theory suggests that individuals learn their values, beliefs, and behaviors through the process of socialization within their culture. This theory highlights the role of family, peer groups, and the media in shaping an individual's attitudes and behaviors towards drugs. The theory argues that individuals who are exposed to drug use at an early age are more likely to engage in drug use themselves. On the other hand, Differential Association theory suggests that individuals learn deviant behaviors from their associations with others. The theory posits that individuals who associate with those who engage in deviant behavior, such as drug use, are more likely to adopt those behaviors themselves. By integrating these two theories, we can better understand the complex phenomenon of narcotics crime in Indonesia. The use of rat ports as entry points for illegal drugs can be explained by the influence of cultural transmission, where individuals are exposed to drug use through their socialization process. Furthermore, the use of these rat ports can also be explained by differential association, where individuals who associate with drug smugglers are more likely to engage in the smuggling of narcotics themselves. Overall, the integration of Cultural Transmission and Differential Association theory provides a more nuanced understanding of the complex phenomenon of narcotics crime in Indonesia. By considering the various factors that contribute to the rise of narcotics smuggling, we can develop more effective strategies to combat this issue.
The Complexity of Notarial Law in Indonesia: Application of the Concordance Principle Abdillah, Satrio; Ghapa, Norhasliza; Makhtar, Maheran
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3490

Abstract

This research aims to examine the urgency of implementing the concordance principle in the complex practice of notarial practice in Indonesia. The research method uses a thematic analysis approach, which is carried out by carefully examining a number of previous research documents and other relevant sources of information. To facilitate in-depth analysis, this study used Nvivo 12 Plus data analysis software. This research reveals that the application of the concordance principle in notarial practice in Indonesia has a significant impact. This principle creates legal certainty, protects public interests, increases efficiency, and supports harmonization with international standards. This also helps prevent legal conflicts, improve notary professionalism, and establish a strong and fair notarial system. By integrating diverse legal sources, the concordance principle maintains the continuity of quality notarial practice in Indonesia while enabling the country to remain in harmony with the demands of the international community in the areas of law and human rights.
LEGAL POLICY TOWARDS GOOD CORPORATE GOVERNANCE IN THE EASE OF MICRO, SMALL AND MEDIUM ENTERPRISES BASED ON LAW NO. 6 OF 2023 CONCERNING THE STIPULATION OF GOVERNMENT REGULATIONS IN LIEU OF LAW NO. 2 OF 2022 CONCERNING JOB CREATION TO BECOME LAW Muin, Fatkhul Muin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3499

Abstract

Legal instruments are legal policies that are the basis for efforts to create social justice for the community. Legal policy in the field of developing micro, small and medium enterprises after the enactment of Law No. 6 of 2023 Concerning the Stipulation of Government Regulations in Lieu Of Law No. 2 of 2022 Concerning Job Creation to Become Law is an instrument in the development of micro, small and medium enterprises. The number of micro businesses in Indonesia reaches 63,955,369, small businesses 193,959 and medium businesses 44,728. Therefore, it is necessary to develop policies for micro, small and medium enterprises based on the synergy of the central government and local governments on the basis of the division of affairs in order to facilitate the development of micro, small and medium enterprises through sustainable empowerment in the context of economic equality with a populist economic model as the foundation of state development. The legal policy on the Job Creation Regulation which regulates synergy on the basis of the division of affairs between the central government and regional governments, needs to be further stipulated in government regulations to facilitate the development of micro, small and medium enterprises. This study focuses on analyzing the state's legal policy towards micro, small and medium enterprises in order to facilitate and sustain them. This study uses a legal approach. 
The Legal Protection Policy for Partnerships in Socially Just, Digital-Based Land Transportation Businesses Jumiati, Agatha; Harun, Harun; Absori, Absori; Wardiono, Kelik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3506

Abstract

The development of legal relations between drivers and online land transportation service application providers is becoming increasingly massive, especially when technological developments and digitalization make it easier to utilize digital-based land transportation services. This research aims to analyze and determine legal prescriptions or solutions to the problem of legal gaps in special regulations that discuss and serve as guidelines in implementing partnership legal relations between online transportation drivers and online land transportation service application providers in terms of the aspect of social justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the social justice aspect of the partnership legal relationship between drivers and online land transportation service application providers has not actually been fulfilled, which is due to the absence of special regulations regarding partnership relationships that can guarantee legal certainty and protection for online transportation service drivers. Legal protection policies for partnership legal relationships between drivers and online land transportation service application providers can be implemented by establishing regulations regarding special partnership relationships between drivers and online land transportation service application providers to fill the existing legal gaps.

Page 19 of 162 | Total Record : 1613

 17   18   19   20   21 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue