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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 1,613 Documents
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Analysing the Impact of Corruption on the Effectiveness of Law Enforcement: A Case Study in Police Science Studies in Indonesia Wibison, Pendi -; Nita, Surya; Badry, Ahmad Ibrahim
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.v23i1.4204

Abstract

Corruption has become a profound issue in the context of law and policing in Indonesia. This article aims to analyse the impact of corruption on the effectiveness of law enforcement, with a focus on the study of police science in Indonesia. The method used is a literature review, by collecting and analysing various related literature, reports and case studies. The results of the literature analysis show that corruption within the police has a significant impact on various aspects of law enforcement. Corruption can hamper the integrity and credibility of the police institution, affect the investigation process, and potentially damage the relationship between the police and the community. Case studies in the Indonesian context reveal the challenges faced in efforts to eradicate corruption in the police. In addition, this article also discusses the efforts that have been made by the government and relevant institutions in addressing the issue of corruption in the police. These include policy reforms, training, and stricter law enforcement against perpetrators of corruption. In order to improve the effectiveness of law enforcement in Indonesia, concrete steps are needed in the prevention and eradication of corruption in the police. The results of this literature analysis provide deep insight into the complexity of corruption issues in the context of policing, as well as identifying directions for further research in an effort to improve the integrity and efficiency of law enforcement agencies in Indonesia.
Social Rehabilitation as Legal Policy Protection for Women Victims of Terrorist Cyber Indoctrination Budiono, Arief; Absori, Absori; Mohammad, Genta Arya; Sugeng, Esmara; Yuspin, Wardah; Zuhdi, Syaifuddin; Rizka, Rizka
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.v23i1.4206

Abstract

Introduction: It is noted that 513 women with Indonesian citizenship traveled to Iraq and Syria after being impacted by cyber indoctrination. Among these women, there are those with a manus minustra (victim) status. Some are trapped in Iraq and Syria overseas as they were brought there by their families when they were still young or were babies. Methods: This research employed the classical dogmatic juridical method with a literary approach. This research was conducted to find the best solution for women as victims of terrorists’ indoctrination who have not committed terror acts or women who migrated to Iraq and Syria when they were still young or were babies. Results and Discussion: Social rehabilitation is only given to indoctrination victims who have not committed terror, as well as women who were trapped in Iraq and Syria because they were brought over by their families when they were still young/babies, thus requiring identification. Social rehabilitation is crucial to prevent equal punishments between victims and offenders. Some countries apply social rehabilitation with various methods and requirements, such as Uzbekistan, Germany, and the United States. Conclusion: Rehabilitation is possible as the providing institutions are experienced in giving social rehabilitation to children of terrorism perpetrators. Social rehabilitation in these three countries was successful with various degrees of success. It is deemed as more successful than punishments as the former prevents victims from obtaining further indoctrination in jails
The influence of the Business Judgment Rule on the accountability of the Board of Directors for their errors or negligence based on Eisenberg's theory of Director's Accountability Arifin, Miftah; Arifin, Zaenal
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.v23i1.4208

Abstract

In the business world, the Business Judgment Rule (BJR) is a legal principle that provides protection to directors when making risky business decisions, as long as those decisions are made in good faith, with sufficient care, and without personal interest. Although BJR is not explicitly regulated in Indonesian law, this principle is reflected in the Limited Liability Company Law and considered in the theory of director liability proposed by Melvin Aron Eisenberg. The purpose of this research is to analyze the application of the Business Judgment Rule principle in Indonesian corporate law to protect directors from liability for their mistakes or negligence, and to evaluate its influence on Eisenberg's theory of director liability. This study uses a normative legal research method that examines legal norms to analyze and interpret legal provisions related to the application of the Business Judgment Rule and director liability in Indonesia, as well as examining the influence of Eisenberg's theory on that doctrine. A conceptual approach is used to study the concept of the Business Judgment Rule and Eisenberg's theory of director liability in depth. The research results show that the Limited Liability Company Law in Indonesia regulates the application of the Business Judgment Rule (BJR), which provides protection to directors from liability for risky business decisions as long as they meet the requirements of good faith, due care, no conflict of interest, and efforts to prevent loss. However, BJR protection is not absolute, and directors can be held accountable if they violate corporate governance principles. Melvin A. Eisenberg's theory of director liability provides clearer boundaries, where directors can lose BJR protection if they violate the duty of care, duty of loyalty, duty of good faith, and duty of candor, making them accountable for their mistakes or negligence in business decision-making.
Political Communication Model in Egy Sunardi Nurdin's Winning in the Village Head Election Adnan, Andi Astinah; Razak, Muhammad Rais Rahmat; Latif, Adam; Rusdi, Muh.; Hariyanto, Hariyanto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4209

Abstract

The High community participation in participating in village head elections indicates intense competition between candidates, so a strategy is needed to build communication with the community, especially by holding village head elections simultaneously and including candidates with a background of former contextual candidates. The purpose of this research is to find out the political communication model in winning Egy Sunardi Nurdin in the 2021 election for the Head of Compong Village, Pitu Riase District, Sidenreng Rappang Regency. The research method used is a descriptive qualitative method. By using purposive sampling technique. Observations, interviews. Research documents were collected and processed using the Nvivo 12 Plus data analysis technique. The results of the study show that the political communication model used by Egy Sunardi Nurdin when communicating with the public uses political communication as measured by indicators; political communicators, political messages, channels or media, goals or targets and influence or effects of political communication. All indicators have been implemented properly. In contrast to the previous context, the most dominant indicator used in the 2021 village head election is "political messages" which are conveyed by means of an approach through various activities such as being present at any time when there is grief for residents, celebrating residents, being active in building friendship and being actively involved in solving problems that arise. faced by residents and actively involved in the activities of the younger generation. This strategy has proven to be effectively used by Egy Sunardi Nurdin in winning the context of direct Village Head elections in 2021 in Compong Village.
Islamic criminal law: A Comparison Of its Application in Indonesia and Other Countries Maswandi, Maswandi; Jamillah, Jamillah; Duha, Junindra
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.v23i1.4213

Abstract

The crucial issue in grounding Islamic criminal law is that there are still many Islamic criminal law terms that use Arabic terms and Arabic backgrounds, so that Islamic criminal law is only considered to fit the Arabic context. And in Islamic law criminal law is called jinayah which is defined as actions prohibited by shara' which are threatened by Allah SWT with jarimah (punishment) hudud, qishas and diat or ta'zir, in other words, doing or not doing is only considered a criminal offense if a penalty has been determined and threatened against it. The type of research used is qualitative research with comparative descriptive method. The data collection technique in this research is the literature method, which traces the existing literature and carefully examines the data related to the issues discussed. The results of this study are the criminal laws of Indonesia, Malaysia and Brunei Darussalam as regulated in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013 have similarities and differences in terms of determining a criminal act of adultery. When viewed in terms of the definition of adultery in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013, both are not contrary to the provisions of jinayah fiqh. All three have similarities in determining the elements of a criminal act of adultery, namely the element without a legal marriage bond is one of the elements that determine an act of adultery, because if the relationship is based on a legal marriage then automatically the conditions in a marriage have been fulfilled and the relationship is a permissible act
Potential Criminalization of Beating a Nusyuz Wife in Islamic Law: an Examination of Law No. 23 of 2004 Concerning The Elimination of Domestic Violence Junaidi, M; Absori, Absori; Rizka, Rizka; Hakim, Rusydi; Budiono, Arief
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.v23i2.4215

Abstract

In the case of so much the role of the husband towards his wife, the Shari'a gives legitimacy to husbands to beat nusyuz wives. However, the permissibility of hitting a wife to educate is not explained clearly in the Qur'an, how to beat her or when it is permissible, so that this beating has the potential to be punished according to Law No. 23 Years of Articles 5 and 6 concerning the elimination of Domestic Violence (KDRT). The gap that occurs between the prohibition of domestic violence as regulated in the law and the permissibility of hitting one's wife in Islamic law becomes an ongoing polemic if there is no bright spot for an in-depth discussion that has the potential to criminalize Islamic law. This research uses a normative doctrinal approach. The main data source is secondary data in the form of documents. This research is descriptive in nature which explains in detail the data collection and the current situation. The data collection technique is done by means of literature. The data analysis method of this paper is normatively qualitative, initially identifying through various forms of documents. Next, examine the data obtained from the field and literature by studying the rule of law to generate data and conclusions from the materials obtained by the researcher. From this research, it was found that the hitting procedure that has been put forward by the opinion of the Syafi'i, Hanafi, and Hanbali schools is categorized as a misdemeanor in Article 44 paragraph (4) of the 2004 PKDRT Law, because this procedure of hitting basically causes pain, inflicted by the husband on his wife, and this physical violence does not cause illness or hinder the victim's ability to work, carry out his position, or carry out daily activities. Meanwhile, Imam Malik's opinion requires that the procedure for hitting him should not be painful or cause pain, so that he does not qualify as a crime of physical violence in the PKDRT Law.
Positive Criminal Law Regulations Regarding the Crime of Cyberbullying as a Form of Cyber Crim Chandra Adam, Richard
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.v23i1.4216

Abstract

This research aims to examine positive criminal law regulations related to criminal acts of cyberbullying as a form of cybercrime in Indonesia. Through a legislative approach, this research analyzes related legal developments in cyberbullying, with a focus on Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and amendments through Law Number 19 of 2016. The research results show that the ITE Law provides a strong legal basis for dealing with cyberbullying, with heavy sanctions for perpetrators. However, this regulation has also drawn criticism regarding potential restrictions on freedom of speech. Thoughtful law enforcement, education, and awareness of online ethics are important in addressing this problem. Legal changes and a holistic approach are needed to face challenges in the ever-evolving digital era.
Juridical Problematics Of Business Use Rights Over Management Rights Pradipa Probondaru, Ignatius
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.v23i1.4218

Abstract

Cultivation rights according to the UUPA are granted on state land, but in its current development cultivation rights can be granted on state land and land with management rights. Management rights as control rights from the state, the authority to implement which is partly delegated to the holder of management rights, in the development of regulations can be granted on state land and customary land. The purpose of this writing is to describe the juridical problems of cultivation rights over management rights. The method used is normative legal research with priority on secondary data which is analyzed qualitatively. Inconsistencies occur between PP No. 18 of 2021 and UUPA, indicating a violation of the principle of lex superior derogate legi inferiori. This creates juridical problems with cultivation rights over management rights, and can result in legal uncertainty for holders of cultivation rights over management rights.
ORGANIZATIONAL LEADERSHIP MODEL FROM A VUCA PERSPECTIVE (Comparative Study of BUMDes Kujati Perdana Karang Jati and Mitra Mandiri Sentosa Durensewu, Pandaan, East Java) Yaqin, Muhammad Khafid Ainul; Gani, Abdul Juli Andi; Hermawan, Romy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4220

Abstract

Leaders must influence member behavior as an example of the face of the organization and have the authority to evaluate member performance or make decisions regarding promotion. However, there is no consensus regarding the form, approach and leadership model that is suitable for the VUCA era. In-depth discussions are needed by taking various leadership cases in the VUCA era to find a suitable model. This research compares the Transformational Leadership theory from Bernard M. Bass Bernard M. Bass & Ronald E. Riggio (2006) and Adaptive Leadership from Travis Bradberry & Jean Greaves in (Rohaniah, 2021) in a VUCA perspective, with the aim of developing a leadership model for similar organizations BUMDes. The research results show that the leader of BUMDes Kujati Perdana lacks foresight and lacks use of technology, while the leader of BUMDes Mitra Mandiri Sentosa has strong development ideas, but also uses less technology. Based on this comparison, as argued by Theodore (2003), one of the other benefits of comparison is developing performance indicators. Research produces the concept of Locally Based Leadership which includes innovation, digital thinking, responsiveness, and human development.
Significance of Spousal Consent in a Loan Agreement as The Enforcement of Joint Asset Provisio Anne Guntari, Tifauni; Setyorini, Hening Hapsari
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.v23i1.4222

Abstract

Joint asset causes legal consequences in entering into a loan agreement and its accessor, collateral agreement. These legal consequences shall arise as spousal consent is necessary in entering into such agreement. However, many collateral agreements are arranged without a spousal consent. The purpose of this writing to find out the legal consequences of collateral agreements which are entered into only by one of the parties, husband or wife, over the joint assets and responsibility(s) of the Notary Public and Land Deed Official Certifier (“Pejabat Pembuat Akta Tanah/ PPAT”) regarding the agreement. This study utilizes normative juridical approach which was carried out by examining data from legal norms in the society, including laws and regulations. Based on its characteristic, this research is a descriptive study. The result of this study is agreement remains binding on the joint asset despite the collateral agreement being entered into without spousal consent. Meanwhile, the responsibility of the Notary Public and PPAT if they are proven to neglect their obligation is considered unlawfulacts.

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