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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 1,631 Documents
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Economic and Corporate Criminal Responsibility Policy in Renewing National Criminal Law Elvina Melinda; Joko Setiyono
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 | DOI: 10.31941/pj.v22i2.4230

Abstract

There needs to be a realignment of arrangements regarding corporate criminal liability which concerns regulation of when a corporation is said to have committed a crime, who within the corporation can be held accountable and the provision of appropriate sanctions for corporations that commit crimes, so that there is alignment of rules that have an impact on achieving legal objectives. Based on this background, this study uses two problem formulations, the first is how to regulate corporate criminal responsibility in economic crimes and how to reform the law on corporate criminal responsibility in economic crimes in Indonesia? This research method uses a normative method that departs from differences in criminal liability arrangements for corporations that commit criminal acts under Indonesian law which will result in weak law enforcement against corporate crimes. The results of this study are first, Corporate Responsibility has been regulated in several laws and regulations in Indonesia, but each law and regulation that regulates corporate crime in terms of scope, definition and subject matter varies, therefore there is a need codification and harmonization. provisions regarding corporate crime in order to create legal certainty. 
Village Existence in the Constitutional Framework: Orientation and Formulation in the Perspective of Integrative Law RS, Iza Rumesten; Muntaqo, Firman; Adisti, Neisa Angrum
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.v23i1.4234

Abstract

According to the provisions of the constitution, the village government does not actually have adequate arrangements as can be seen from the fact that the term village or something similar to it has not been accommodated in the Indonesian constitution. Orientation of village government arrangements in the constitution and efforts to formulate village government arrangements in the constitution with an integrative legal perspective. Normative legal research with a concept and statutory approach. The orientation of village arrangements in the constitution is intended to reinforce and facilitate democracy and local village leadership which is the style and identity of each village based on traditional rights and rights of origin. The formulation of integrative law so that the substance of the village government can obtain a strong legal position in the constitution, which can be done by conducting hearings or polling the aspirations of the community, efforts are needed to revise the Village Law with a pluralistic character, which means facilitating various types of village government that already exist.
Diplomacy Conceptualization For The Security State On Mineral Resources In Indonesia Ahmad Redi; Tina Amelia
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.v22i1.4239

Abstract

Diplomacy is considered for the security state on mineral resources in Indonesia since Indonesia is a law country and has many mining sector possibilities which need to be secured, and created in response to reduce negative impact on mineral illegal mining activities which cause many negative results for Indonesia. Therefore, the Indonesia government needs an alternative effort which lines with the principles concluded by this research. By literatrue reviews employed for the investigation on some international practices published by reputable-indexed journals with the same issue, this research performs an information for the armed forces and the leadership of the Ministry of Law and Human Rights. In the absence of a generally accepted definition of "mineral mining activity diplomacy," the state (in this case, Indonesia) attempts to tailor its content to the requirements of the mineral resource security strategy. The study results that diplomacy involving natural resource mining has broad applicability to Indonesia since it encompasses state security policy creation and execution, as well as the establishment of permanent, cooperative international ties in the defense sector. The first step in realizing the concept's potential as a significant instrument is to conceptualize the mineral resource mining activity diplomacy for the security state in Indonesia from illegal mining activities.
The Protection Of Civil Rights Against Minority In The Case Of Divorce Marsudi Utoyo; Kumba Digdowiseiso
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.v22i1.4240

Abstract

The child is a legal subject who needs to be protected if there is a divorce. The wife or other woman designated by the terms and conditions of the law has the primary responsibility for raising the child until they are old enough to care for themselves. Children's parents are still obligated to provide a suitable environment for them to live in and to safeguard them, including by covering their living expenses. In accordance with the child's best interests and the idea of safeguarding children's rights, parents are still required to provide for and educate their children. Even if the biological mother is allowed hadhonah privileges in the custody case since she is the child's primary caregiver, the judge.
Disruptive Innovation In Business Competition Law In The Online Transportation Sector: Legal Issues And Challenges Rahmat Dwi Putranto
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 | DOI: 10.31941/pj.v22i2.4241

Abstract

Disruptive innovation is when new technologies or novel business models penetrate established markets and bring major changes to the industry. Disruptive innovation differs from incremental innovation by introducing completely new products or services or providing solutions that are more cost-effective, convenient, or effective. This research aims to examine how disruptive innovation in the internet transportation sector impacts the application and efficacy of Competition Law in Indonesia. Qualitative methodologies are utilized to investigate the intricate legal difficulties and challenges inside the realm of online transportation. The research findings indicate that the introduction of new technologies can lead to detrimental rivalry between conventional service providers and online platforms, potentially diminishing service quality and impacting regulatory efficacy. Market dominance of internet transportation platforms can lead to monopolistic or oligopolistic practices, which may result in collusion and the misuse of market power, negatively impacting consumers and competitors. Consumer protection is a crucial concern in this scenario, since it involves ensuring security, transparency, and data privacy in online transportation services.
Juridical Implications of Regional Regulations on the Management of Land Management Rights that have been Incorporated in Public Companies Teuku Syahrul Ansari; Walman Gultom; Kharisma Gemilang; Aldiansyah Aldiansyah
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 | DOI: 10.31941/pj.v22i2.4242

Abstract

Inbreng is a deposit of capital in forms other than money. BUMD Tbk. is a company whose capital is invested by the Regional Government Y in the form of Land Management Rights. This capital investment has been approved based on the Governor's Decree regarding Development Guidelines in the BUMD Tbk. Area, as well as giving BUMD Tbk. the right to provide recommendations on Land Management Rights. However, currently the Governor's Decree regarding Development Guidelines in the BUMD The Province of the Special Capital Region of Jakarta has the right to provide recommendations given by the Regional Government. As a result, BUMD Tbk. lost one of its income from providing recommendations. Apart from that, questions arise regarding the status of Land Management Rights which have become capital investments. Bearing in mind that BUMD Tbk. is a Public Company, BUMD This research will focus on Company Law and Capital Market Law. Especially according to the provisions of Financial Services Authority Regulation Number 42/POJK.04/2020 concerning Affiliate Transactions and Conflict of Interest Transactions and Financial Services Authority Regulation Number 17/POJK.04/2020 concerning Material Transactions and Changes in Business Activities
The Concept Of Good Corporate Governance In A Limited Liability Company's Account Receivable Policy For Potentially Insolvent Companies Ilham, Rico Nur; Sinta, Irada; Sinurat, Mangasi; Khaddafi, Muammar
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.v23i2.4243

Abstract

The application of Good Corporate Governance (GCG) concept in receivable policies is crucial, especially for companies facing potential bankruptcy. This research aims to explore how the GCG concept can be implemented in the receivable policies of limited liability companies facing bankruptcy risks. The introduction explains the urgency of GCG in managing receivables and the potential negative impact if not managed properly. The research of tisn method employs a qualitative approach with a case study of several companies facing bankruptcy risks. Data were obtained through interviews with company management, document analysis, and relevant literature review on GCG and receivable policies. The main issues identified include the lack of transparency in receivable policies, ineffective credit risk management, and non-compliance with financial regulations. The research findings indicate that companies implementing the GCG concept in receivable policies tend to have better financial performance and are better able to manage bankruptcy risks. In conclusion, the GCG concept can serve as an effective framework in managing receivable policies of limited liability companies facing potential bankruptcy. By considering transparency, risk management, and compliance with regulations, companies can minimize bankruptcy risks and ensure long-term business sustainability
Indonesia's National Defense Strategy in Facing the Threat of Changes in the Strategic Environment Wahid, Muhamad Hasanuddin; Banyu Perwita, Anak Agung; Thamrin, Suyono; Widjayanto, Joni
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.v23i1.4246

Abstract

Received: 2023-11-16Revised: 2024-02-12Accepted: 2024-03-19 Keywords:Global and Regional Environmental Strategy; Security Vulnerabilities and Threats; International Cooperation;Arms Race;Sustainable Development and National SecurityThe aim of this research is how Indonesia responds to changes in environmental strategy, in building protection capabilities for the implementation of national development. For this reason, it is necessary to identify weaknesses and vulnerabilities that can be exploited by the state or the external sector to achieve goals. The research method used is a qualitative method, while for threat analysis used is the Means, Ways, and method, namely, how to understand, disseminate and formulate existing threat strategies. This method consists of three parts that are interconnected with each other. The research results show. Global and regional environmental developments are marked by the emergence of several new problems that will have a significant impact on human development in the future. During long- standing problems and conflicts, international cooperation is the only option that offers hope for international peace and stability. The role of large countries and their dominant influence remains the main feature of global and regional environmental strategy. Opportunities for developing countries to increase their economic competitiveness and bargaining power are limited due to the increasing economic, political, defense and security power of several countries in various regions. In this context, new breakthroughs in prioritizing the environment, increasing national damage, and implementing sustainable development are urgently needed. The proliferation of nuclear weapons and nuclear nuclear development programs by several countries, such as North Korea and Iran, poses a threat to global security and the potential use of nuclear weapons in a war between Russia and Ukraine. Strengthening global and regional political and security policies in the future when many countries will emerge with economic and military strength. The arms race is intensifying, of strategic importance to countries around the world.                                                      Indonesia needs to have close relations with several    countries such as Australia, Russia, China, and the United States. Efforts to build mutually beneficial relationships need to be prioritized to realize Indonesia's strategic interests in the medium and long term. On the other hand, Indonesia has and will face several vulnerabilities and even threats. Problems related to energy supply, population, environment, economy, separatism, and many transnational security issues need to be addressed immediately with sustainable action. To overcome these problems, it is necessary to adjust strategies, improve the ideological, political, economic, socio-cultural and security conditions for preserving Indonesia, as well as maintaining the integrity of the state and the sovereignty of the Republic of Indonesia. continue to increase national capacity. Security of Indonesian citizens.
IMPLEMENTATION OF GOOD GOVERNANCE IN THE PROCUREMENT OF GOODS AND SERVICES TO ANTICIPATE STATE FINANCIAL LOSSES Pandi Harahap, Ahmad Ari; Triono Eddy; Ida Hanifah
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.v23i2.4261

Abstract

Procurement of government goods and services is one of the activities that is very prone to corruption, collusion, and nepotism (KKN). In addition to carrying out law enforcement, to overcome KKN in the procurement of goods and services, various supporting policies are established that are enforcement and prevention. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that Good Governance can anticipate state financial losses in the Government BJP through the implementation of the principles of participation, rule of law, transparency, effectiveness and efficiency, and accountability. The forms of policies in the procurement of fair goods and services are the establishment of integrity pacts by both relevant agencies and PJB participants, the E-procurement System, the procurement of goods and services through electronic tenders that are spared, and a comprehensive audit system to find indications of violations.Keywords: Good Governance, Goods and Services, State Finance, E-Governance, E-Procurement.
Authority For Issuing Halal Certifikation In Indonesia : History, Philosofhy, And Institutions Harahap, Syahrul Bakti; Perdana, Surya -; Wajdi, Farid -
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.v23i2.4264

Abstract

The UUJPH's halal certificate laws have clarified matters for the protection of consumers, particularly Muslims. The state is adamant about shielding Muslim customers from goods that are neither halal nor certified halal. The Indonesian government has enacted Law Number 6 of 2023 addressing job development, which contains laws on the authority to issue halal certification and halal emblems in Indonesia, as well as Number 33 of 2014 concerning Halal Certification. These regulations aim to regulate halal certification in Indonesia. Based on a formal Fatwa granted by Indonesia, a halal certificate is an acknowledgement of a product's halalness issued by the Halal Product Guarantee Management Agency (BPJPH). The Ministry of Religion's Halal Fatwa Council and Ulema Council (MUI). This study employed normative juridical legal research, or qualitative research, by examining the legal norms and principles found in statutes. It was decided that the Indonesian Ulema Council (MUI) would be in charge of halal certification after literature research revealed that the government, specifically the Ministers of Religion, Health, and Home Affairs Number 42/Me.Kes/VIII/1985, originally had the authority to issue halal certificates.

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