Pena Justisia: Media Komunikasi dan Kajian Hukum
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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<![CDATA[CIVIL LAW AND CRIMINAL LAW ASPECTS OF HOAX NEWS IN ELECTRONIC MEDIA ]]>
<![CDATA[rafiqi rafiqi]]>;
<![CDATA[maswandi maswandi]]>;
<![CDATA[marsella marsella]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3909
<![CDATA[The advancement of information technology (internet) and allforms of benefits in it brings its own negative consequences whichare increasingly troubling the community. The abuse that occursin this cyber space is what is then known as cyber crime orInformation Technology and Electronic other regulators use theterm computer crime. The formulation of the problem in this studyis how the aspects of Civil Law and Criminal Law of Hoax newsElectronic Media How Efforts in Identifying the Spread of Fake /Hoax News as a Form of Cyber Crime in Indonesia. The researchmethod in this writing uses Normative Juridical, the nature of thisresearch is prescriptive research. The results of the discussion inthis study are aspects of civil law and criminal law ElectronicMedia Hoax News In Article 1372 of the Civil Code states thatcivil suits regarding defamation are aimed at obtainingcompensation and restoration of honor and good name. Themeasure used to determine whether a person's actions haveoffended honor is very broad. The difference between the regulationof fake news in Law Number 1 of 1946 concerning Criminal LawRegulations and the regulation of fake news regulated in LawNumber 11 of 2008 and Law Number 19 of 2016 concerningInformation and Electronic Transactions is that Articles 14 and15 do not mention what kind of fake news, while the Informationand Technology Law is more detailed in mentioning fake news inthe context of electronic transactions and speech that causeshatred. Efforts to Identify the Spread of Hoaxes as a Form of CyberCrime in Indonesia The Chairperson of the Indonesian Anti-HoaxSociety, Septiaji Eko Nugroho provides 5 simple steps that can helpin identifying hoaxes and which are real news, the followingexplanation Be careful with provocative titles, Look at the siteaddress, Check the facts, Check the authenticity of photosParticipate in anti-hoax discussion groups.I. IntroductionThe advancement of internet technology has led to new]]>
<![CDATA[Multiple Legislative Candidates in Different Political Parties: Morality in the Perspective of Philosophy of Law ]]>
<![CDATA[Budisetyowati, Dwi Andayani]]>;
<![CDATA[Nainggolan, Indra Lorenly]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3913
<![CDATA[This research analyzes the challenges associated with legislative candidates simultaneously registered by two distinct political parties and engaging in electoral processes. The requirement of a statement for a candidate to be nominated by only one political party in the general election needs to be revised to address the problem at hand. Efforts are needed to enhance the role of political parties participating in the election. Political parties face a challenging task as institutions authorized to register their members as legislative candidates. The institutional strengthening of the role of political parties in political recruitment is necessary. The selection process carried out by political parties aims to produce competent individuals prepared to assume public office. Apart from that, the moral attitudes of political party cadres as legislative candidates are tested before taking office. All mechanisms employed by political parties should be conducted democratically and with integrity. One proposed mechanism is to set a requirement that legislative candidates must have been members of a political party for at least five years. This five-year membership requirement should be introduced alongside the requirement for candidates to be nominated by only one political party. Consequently, it is imperative to amend the election law by including a provision that mandates a minimum five-year membership in a political party. This study adopts a normative juridical methodology underpinned by a conceptual framework guided by the relevant statutory regulations.]]>
<![CDATA[Handling Victims at the Badan Narkotika Nasional of North Sumatra Province through Fardiyah Da'wah ]]>
<![CDATA[achiruddin hasibuan]]>;
<![CDATA[syukur kholil]]>;
<![CDATA[mailin mailin]]>;
<![CDATA[rustono farady marta]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i1.3916
<![CDATA[This study aims to describe the Islamiccommunication pattern of Badan Narkotika NasionalProvinsi Sumatera Utara/the National NarcoticsAgency of North Sumatra Province (BNNP-NorthSumatra) in order to prevent victims of narcoticsabuse in Medan City. The research also describes theobstacles experienced by BNNP-North Sumatra in aneffort to prevent victims of abuse This researchparadigm relies on constructivism with a qualitativeapproach and uses descriptive research, while theresearch method uses case studies. The results of thisstudy indicate that the BNNP of North Sumatra usesan Islamic communication pattern based on theanalysis of fardiyah da'wah, which also contains theprinciples of Islamic communication. The obstacleexperienced by the foundation while preventingvictims of drug abuse is the low self-restraint in thecommunity. The recovery process for victims of drugabuse at LRN (Lembaga Rehabilitasi Narkotika/Narcotics Rehabilitation Institute) Khalid Bin Walidas a rehabilitation center is through three stages ofrehabilitation, namely: pre-rehabilitation,rehabilitation process, and post-rehabilitation]]>
<![CDATA[The Dynamics of the Elements of Abuse of Authority in the Authority of the Administrative Court After the Enactment of the Latest Job Creation Law ]]>
<![CDATA[Utama, Alif Wili]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i1.3918
<![CDATA[Abuse of authority as part of testing the discretionary authority of the State Administrative Court has changed with the presence of Law No. 6 of 2023 concerning Job Creation. Changes can be seen in Article 175 number 2 of the UUCK which expands discretion by eliminating the requirement that it is contrary to the law. However, Law No. 30 of 2014 also does not emphasize the definition of authority testing, thus creating problems, namely the blurring of the parameters of discretion testing by the State Administrative Court Judges. The author also conducts a comparative study with France to find trends in global solutions in solving problems. This research uses normative legal research methods that analyze applicable laws and regulations accompanied by literature studies in the form of books, journals, and other literature. The dynamics of the elements of Abuse of Authority from the UUAP to the birth of the existence of the UUCK has brought the consequences of a paradigmatic shift in the concept of discretion, which was originally limited to be freed because of the elimination of the requirement not to conflict with the provisions of the legislation. However, considering that discretion is actually only the (free) authority possessed by a State Administrative Officer to make a decision and/or take an action, the decision and/or action as a manifestation of the discretionary authority is still bound by the provisions of Article 52 of the UUAP regarding the legal requirements of a decision. The State Administrative Justice System in France and Indonesia has a difference that lies in the phrase used, in France using the term abuse of power, or what is called detournement de pouvoir. This reason is used if an official in issuing an administrative decision deliberately uses his/her authority for purposes that deviate from the original purpose/intention, in contrast to Indonesia which defines abuse of authority more complexly as a form of exceeding authority, mixing authority, and arbitrariness.]]>
<![CDATA[Humanitarian-Based Wage System Based On Constitution NRI 1945: Policy Evaluation Study Indonesian Wage System ]]>
<![CDATA[Muhammad Addi Syirfan]]>;
<![CDATA[Anik Kunantiyorini]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i2.3926
<![CDATA[This research was compiled on the urgency of labor problems in the wage sector in Indonesia. The government based on the mandate of the law must realize the ideals of the nation, fulfill and protect the rights of its citizens, and strive to form a humane social sphere of society. This obligation is implemented through a set of rules that seek the values of Pancasila, especially human values and the 1945 NRI Constitution. The method used is a normative legal research method with a legal approach and a concept approach. This research is supported by secondary data that provides an overview of the discussion in the study. The formulation of the problem raised in this study is the concept of the ideal wage policy and how the humanitarian-based wage system. The result of this study is the concept of an ideal wage policy that is oriented toward fulfilling the welfare of workers and their families. However, the wage is still by the ability of entrepreneurs so that it remains balanced by considering the value of KHL. The humanitarian-based wage system emerged as a solution to labor law problems. This concept is one of the steps to construct legal norms of wage policy so that the content is based on human values as stated in the Second Precept of Pancasila. Keywords: evaluation of upbringing; humanitarian dissemination; upbringing system; wages under the Constitution]]>
<![CDATA[ENFORCEMENT OF LAW REGARDING ENVIRONMENTAL DAMAGE DUE TO MINING ACTIVITIES ]]>
<![CDATA[Bidul, Sayang]]>;
<![CDATA[Widowaty, Yeni]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3931
<![CDATA[This research discusses law enforcement regarding environmental damage due to mining activities. The research method used is sociolegal research. Research results: Mining activities not only have a positive impact on sustainable development, but mining activities also cause environmental damage, including: river water pollution, air pollution and land pollution in mining areas. Company accountability is very necessary because environmental damage that occurs needs to be repaired through the principle of absolute responsibility in Article 88 UUPLH, but recently there has been a change in the meaning of absolute responsibility in Article 88 UUPLH where the phrase without proving fault has been deleted in Law Number 6 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law so that if environmental damage occurs, it must be proven that the damage was caused by the company's mining activities. Ideally there is enforcement of Article 88 in Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law regarding strict liability regulations that companies must be absolutely responsible to the community by providing compensation in accordance with losses. suffered by the community and companies are also obliged to carry out environmental restoration.]]>
<![CDATA[On The Special Administrative Disputes in Indonesia: Legal Certainty or Legal Uncertainty ]]>
<![CDATA[Ariyanto, Bambang]]>;
<![CDATA[Sukardi, Sukardi]]>;
<![CDATA[Ristiawati, Rosa]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i2.3932
<![CDATA[The evolution of State Administrative Court Procedure Law is highly dynamic, in accordance with the implementation of multiple laws and regulations that govern the State Administrative Court. In the past, the procedural law of the TUN Court consistently made reference to Law no. 5 of 1986 in connection with Law no. 9 of 2004 and Law no. 51 of 2009. However, the procedural law of the State Administrative Court has undergone further development. Furthermore, there are already other sector-specific rules that have been established to particularly govern the resolution of some administrative court issues. Examinations that are not categorized as Ordinary Events, Quick Events, or Short Events are generally referred to as Special administrative court Disputes. The question at hand is whether the presence of this unique administrative court disagreement ensures legal assurance under the procedural law at the administrative Court, encompassing the mechanism for resolving such disputes. The study methodology employed is normative juridical, utilizing both a legislative approach and a conceptual approach. The Special TUN dispute category encompasses requests for abuse of authority tests, positive fake requests, public information disputes, land acquisition disputes for development in the public interest, and general electoral process issues. Among the various disputes in the Special State Administrative Court, the issue of the Positive Fictitious Petition lacks legal certainty. This is because the procedural law is governed by a Presidential Regulation that is not consistent with the 1945 Constitution of the Republic of Indonesia, which stipulates that judicial power must be regulated by legislation.]]>
<![CDATA[Aisyiyah Organization Communication Network In Tuberculosis Prevention In North Sumatra ]]>
<![CDATA[Kholil, Syukur]]>;
<![CDATA[Yusnadi, Yusnadi]]>;
<![CDATA[Tambunan, Nurhalima]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v23i1.3935
<![CDATA[The purpose of this study was to analyze the communication network built by the Aisyiyah organization in the prevention of Tuberculosis (TB) in North Sumatra. Aisyiyah as Lembaga autonomy Muhammmadiyah who became one of the government fatners in the eradication of tuberculosis. Eradication of tuberculosis is something that must be done in breaking the chain of the spread of tuberculosis that is of concern to the world because the disease is very fast spreading and is the no. 2 deadly disease after HIV Aids. Transmission is through people infected with tuberculosis coughing and removing mycobacterium bacteria. The research methods used are descriptive through qualitative approaches. The informant in this study was the Head of Aisyiyah Region of North Sumatra, TB-HIV Care Aisyiyah Team of North Sumatra. Data collection techniques through interviews, observations, and documentation. The results showed that the communication network built by Aisyiyah North Sumatra in the prevention of Tuberculosis by forming TB-HIV Care Aisyiyah. Cadres as implementers who plunge into the community to the village level in helping to provide services in collaboration with puskesmas services. Cadres in carrying out this humanitarian task always put forward human values by not paying attention to race, religion, or ethnicity. For cadres to be able to carry out tasks in the field are given debriefing that supports competence in the form of knowledge related to TB, effective communication and evaluation, and reporting, in addition, cadres in performing their duties are provided facilities such as jackets of pinaster marks, participant cards as TB cadres. . As for the reporting made by cadres so that sufferers, suspects more easily obtain drug services that can later be obtained from the nearest health center whose treatment is provided by the government for free. The recruitment of these cadres is usually done through Aisyiyah studies or can be done through other channels such as through social media, and in coordination with other organizations or associations such as the PKK Mother]]>
<![CDATA[Wapwapek Ambover Traditional Wisdom of the Napa People in Dispute Resolution ]]>
<![CDATA[yustus pondayar]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v22i2.3942
<![CDATA[This research aims to understand Wapwapek Ambover: the traditional wisdom of the Napa People (Subetnik Biak) used in dispute resolution which can be adopted as a contextual model that is considered suitable for resolving disputes effectively, thoroughly and with dignity. The method used in this exploratory research is supported by two empirical research methods, namely exploratory and descriptive methods to obtain ethnoscientific data on the Napa People, which is still relevant in dispute resolution supported by triangulated interview and observation techniques. The results of the research found that Wapwapek Ambover is the wisdom of the Napa people in dispute resolution efforts, namely the traditional court called fuknuser under the Kankain Kakarara Vyak institution, and four forms of violence: structural (political), resolved with material fines, which ends with the sacred ritual of Wapwapek Ambover " reed-cutting oath', as a model for achieving harmony and peace. Wapwapek Ambover is a model of effective dispute resolution, according to Napa people.]]>
<![CDATA[UU No. 5 of 2014 as The Basis for BKN's Collaborative Work with The Ministry of PAN and Bureaucracy in the ASN Context ]]>
<![CDATA[Marjan - Miharja]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v21i1.3943
<![CDATA[One area of change in bureaucratic reform can be implemented if there is a competent state civil apparatus. One of the competent civil servants is in the field of human resources, namely employees who have an educational background according to the position given to them. Bureaucratic reform in Indonesia conducted through Law No. 5 of 2014 on State Civil Apparatus has not yet presented its maximum results. The rising cases of buying and selling job promotions by the head of the region is one of the indicators. The purpose of this research is to describe and analyze the relationship between the National Civil Service Agency and the Ministry of State Apparatus Utilization and Bureaucratic Reform based on Law No. 5 of 2014 on State Civil Apparatus. The research used the descriptive qualitative method with normative juridical analysis and data collection is carried out through literature studies. The secondary data collected from documents and texts related to the research topic, be it books, articles journals, or others. The results of this studyshow that as long as the civil service development officials are still carried out by political. This results of this study show that as long as the oversight task is still carried by political officials, and bureaucracy dependence on politics is simultaneously strong, political neutrality and professional bureaucrats are difficult to be created. While, the negative impact will be received by people as the users of their services. This research recommends that the role of oversight officers is given to bureaucratic career officials through the revision of UU ASN. KASN will consequently have a role to ensure that every bureaucrat will perform its role as the executor of any policy made by political officials. With this revision, thus, ASN will be a professional in carrying out its duties, which needed in making effective governance]]>
