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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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THE IMPLEMENTATION OF LEGAL RISK MANAGEMENT IN COMPANIES RELATED TO EARNINGS MANAGEMENT OF MANUFACTURING COMPANIES IN THE CONSUMER GOODS INDUSTRY SECTOR LISTED ON THE INDONESIA STOCK EXCHANGE Pasaribu, Dompak; Sinaga, Silvia Shania
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.v22i2.4280

Abstract

This study adopts a socio-legal approach, which is a non-doctrinal method in legal research, to explore the role of Directors in implementing legal risk management and earnings management post-COVID-19 pandemic. The research method integrates various disciplines to gather empirical data needed to address research questions focused on practical issues, policies, and legal changes. This non-doctrinal research combines qualitative and quantitative aspects using empirical data to analyze the impact of effective legal risk management on the financial performance and reputation of manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic. Through comprehensive empirical data collection, this study aims to provide an in-depth understanding of the role of Directors in managing legal risks and earnings management and their impact on the financial performance and reputation of companies during the pandemic crisis. Findings from this research are expected to provide valuable insights for legal practitioners, corporate management, and researchers to develop effective strategies in addressing challenges faced by manufacturing companies in the consumer goods industry sector during the COVID-19 pandemic.
The Legal Perspectives on Driving Economic Growth: A Study of Strategic Plan Implementation in East Kalimantan Perdana, Gusti Naufal Rizky; Hakim, Abdul; Suryadi, Suryadi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4283

Abstract

This study aims to describe and analyze the Strategic Plan (RENSTRA) implementation process for East Kalimantan Province to strengthen economic growth. The research adopts a qualitative approach involving steps such as formulating research questions, collecting primary data through interviews and observations, and analyzing data using the interactive model developed by Miles and Huberman. The research focuses on policy implementation aspects such as clarity of standards and objectives, resource allocation, and inter-organizational coordination. The East Kalimantan Regional Development Planning Agency (BAPPEDA) serves as the locus of the study, with the selection of primary data involving key informants and informants through purposive sampling techniques. The findings indicate the commitment and efforts made by BAPPEDA to achieve regional economic development goals through the implementation of RENSTRA. However, challenges such as limited human resources, budget allocation, and consistency in inter-organizational communication still need to be addressed. The limitations of this study include its focus on East Kalimantan Province, which limits the generalizability of the findings. Further research could expand the scope to compare RENSTRA implementations in other regions or more deeply explore factors affecting policy implementation performance. It is hoped that future research will provide deeper insights and more effective solutions to enhance regional economic growth in East Kalimantan and other areas
SEX REASSIGNMENT SURGERY (TRANSGENDER) IN INDONESIA EXAMINED FROM THE PERSPECTIVE OF CRIMINAL LAW Evelina, Renita; Fitriasih, Surastini
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.v23i2.4285

Abstract

The rising trend of LGBT (Lesbian, Gay, Bisexual, and transgender) cases in the world, include Indonesia is triggering worries about increasing demand of sex reassignment surgery (transgender). On the other hand, the issue about sex reassignment surgery is a very controversial issue, especially Indonesia. By looking to the existing data and facts, Indonesia can not deny that there are LGBT people in Indonesia. Criminal law should be responsive to the facts in society, including the controversial issie like sex reassignment surgery. This article discusses about sex reasignment surgery viewed from Indonesian criminal law perspective by using doctrinal research method. This article was written by reviewing regulations, especially Law of the Republic of Indonesia Number 17 of 2023 concerning Health and Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code as the main reference. This study aims to look at criminal law regulations regarding sex reassignment surgery in Indonesia as well as to review the function of criminal law as a tool for balancing between public interests and individual interests. The findings of this study show that the criminal policy applied to regulate sex reassignment surgery is in the form of criminal sanction for every doctor who performs sex reassignment surgery without therapeutic purposes. This study also shows how important it is to ensure the conditions under which the sex reassignment surgery in Indonesia is performed in order to protect the doctors carrying out the work. 
Exploration Legality The Inheritance Position of Children Outside of Marriage ( A Analysis Comparison Between Legal Readings of the Court Constitution and Fatwa of the Indonesian Ulema Council ) -, harmono
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.v23i1.4292

Abstract

Study This aims to analyze the position of inheritance of illegitimate children based on a comparison between the decision Court Constitution (MK) with the fatwa of the Indonesian Ulema Council (MUI) in context law positive and Islamic law in Indonesia. Research methods used are studies literature, where the data was obtained through analysis document the Constitutional Court's decision and the MUI's fatwa as well as interviews with experts in Islamic law and constitutional law. Findings study show that the Constitutional Court is inclined to take a approach progressive by confessing the right inheritance for the child outside marriage as part of the basic human beings protected by the constitution. However, MUI fatwas are often adopted interpretation restrictive conservative right inheritance of child outside marriage. Implications from the study This is the need for dialogue and work the same between state institutions and religious institutions to reach harmony between law positive and Islamic law as well As formulate balanced and fair policies in the protection right inheritance of child outside marriage by principles law positive and Islamic law
Papua Problems in the Review of Constitutional Law Triadi, Irwan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4293

Abstract

The Papua problem is a dispute in the Papua region, Indonesia. beginning in 1961. In 1962, the Netherlands agreed to relinquish the temporary UN administrative area, signing the New York Agreement, which included provisions for a referendum to be held before 1969. On August 15, 1962, the New York Agreement was obtained which contained the handover of western Papua from the Netherlands via United Nations Temporary Executive Authority (UNTEA). On May 1, 1963, western Papua returned to Indonesia. In this scientific article, the type of research used is Normative Legal Research. Normative Legal Research is a scientific research approach that aims to find the truth based on scientific logic from a normative point of view. This approach involves researching various library materials, literature, and secondary data to produce legal rules, legal principles, and other legal doctrines. The implementation of terrorist status is in accordance with Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 concerning Eradication of Criminal Acts of Terrorism, where every organization or person who commits massive violence can be categorized as a terrorist. Every action carried out by the Armed Criminal Group, including the Papua dispute and the birth of the Free Papua Organization, whatever the name of the organization or the people affiliated with or involved with it, is a terrorist act. The Indonesian Government's political will to deal with Papua seriously began in 1999, which was marked by President Abdurrahman Wahid giving the name Papua to replace Irian Jaya). The government also designated Irian Jaya Province as a special autonomous region, which is explicitly stated in the MPR RI Decree Number IV/MPR/1999 concerning Outlines of State Policy for 1999-2004, Chapter IV letter G, point 2. Following up on the mandate of the MPR Decree, the DPR on October 22 2001 approved and enacted Law Number 21 of 2001 concerning Special Autonomy for Papua Province
The Creditor's Position After the Constitutional Court's Decision on the Examination of Article 15 of the Fiduciary Guarantee Law Wulandari, Andi Sri Rezky; Dewi, Mira Nila Kusuma; Nurmiati, Nurmiati
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.v23i2.4294

Abstract

The Constitutional Court Decision Number 18/PUU-XVII/2019 provides a transformation regarding the process of execution of fiduciary guarantees by creditors against debtors by changing the substance of the regulation that cannot be carried out unilaterally without permanent legal standing. The purpose of this research is to look further after the Constitutional Court's decision regarding the position of execution on financing that provides loans to creditors. This research method is a normative research that examines the decision of the Constitutional Court regarding the execution of fiduciary guarantees. The results of this study show that first, the essence of the Constitutional Court's decision is that execution by financing institutions cannot be carried out unilaterally before the court gives an official decision. Secondly, that the decision only shows specifically between debtors and creditors so that this decision cannot be used as a legal argument related to other auction processes and including as a basis for changes in legislation related to auctions outside the problems between debtors and creditors. The implication of this decision is that the institution cannot take actions outside of the court decision.
Position of State Institutions in Indonesian Constitution Triadi, Irwan
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.v21i2.4295

Abstract

This research is about the position between state institutions, in this case the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, the Constitutional Court and the President as an important part of Constitutional Law. The Indonesian Constitution in this case is the 1945 Constitution of the Republic of Indonesia (before amendments and after amendments) which is divided into a Preamble and Body and is based on and based on Pancasila which is the source of Indonesian legal order. The method used in this research is normative legal research, namely research by examining library materials or secondary data which includes research on legal principles and legal systematics, research on the synchronization of legislation from a vertical and horizontal angle, which is carried out as an effort to obtain data necessary in connection with the problem. Prior to the amendment to the 1945 Constitution of the Republic of Indonesia, the highest state power was in the hands of the People's Consultative Assembly, as the incarnation of the entire Indonesian people. The President must carry out State policy according to the broad lines established by the Assembly. After the amendment to the 1945 Constitution of the Republic of Indonesia, the People's Consultative Assembly maintained its existence and was positioned as a state institution, but its position was no longer as the highest institution but as a state institution that was on an equal footing with other existing state institutions, including the Regional Representative Council. as a new institution to optimize and confirm the understanding of popular sovereignty and the Constitutional Court which gives the authority to be the guardian of the constitution. This research aims to provide an explanation of the position of state institutions in this case the People's Consultative Assembly, the People's Representative Council, the Regional Representative Council, the Constitutional Court and the President in the 1945 Constitution of the Republic of Indonesia (before amendments and after amendments)
Oral Agreements In The Perspective Of Pacta Sunt Servanda In Legal Certainty triana, yeni
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.v23i1.4303

Abstract

The purpose of this study is to analyze the problem of breaking a promise in an oral agreement, one of the parties, does not carry out what has been agreed upon, and causes losses, resulting in a conflict, and is sued by the district court. The problem in this study is how the court judge's consideration of the oral agreement, and the legal consequences. This research method uses a normative juridical approach, examines jurisprudence, the existence of cases that have been decided by the court. The legal theory in this study is the agreement theory, guided by the principles in the agreement, then the legal terms of a contract, and the types of agreements based on the Civil Code. The results of this study are as learning and utilization as student lecture material, and useful for the parties in an oral agreement. This output achievement is an article that will be published in a journal, so that it can be used by the public.
THE INFLUENCE OF LEADERSHIP AND WORK ENVIRONMENT ON EMPLOYEE JOB SATISFACTION AT PT JNE MEDAN BRANCH WITH MOTIVATION AS AN INTERVENING VARIABLE Siahaan, Rumiris; Jayanti, Suci Etri; Hardiyanti Damanik, Sri Winda; Damanik, Ayu Zurlaini; Purba, Rakhmawati
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.v22i1.4304

Abstract

The aim of this research was to examine the influence of leadership and work environment on job satisfaction among employees at PT JNE Medan Branch, while also investigating the mediating role of motivation. The study employed a quantitative research design using Smart PLS 3.0 software and explanatory research methodology. The study selected a sample of 57 participants using saturated sampling technique. The results indicated that leadership (X1) had a significant effect on motivation (Z), as did work environment (X2) on motivation (Z). However, leadership (X1) did not have a significant effect on job satisfaction (Y), while work environment (X2) had a significant positive effect on job satisfaction (Y). Furthermore, motivation (Z) had a significant positive effect on job satisfaction (Y). The study also found that motivation did not mediate the relationship between leadership (X1) or work environment (X2) and job satisfaction (Y). 
Reputation and Risk Management in Promotional Activities in Relation to the Brand Identity of IQOS Agung Krisprimandoyo, Denpharanto
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.v23i2.4311

Abstract

It aims to reveal the interaction between reputation, risk management, and promotional efforts through conventional and digital forms. It provides an understanding of the IQOS brand identity strategy, insights into the link between reputation management and promotional efforts, and the critical role of strategic communications in shaping. This research used Qualitative methods, such as in-depth interviews and focus group discussions, offer valuable insights into stakeholders' perceptions, attitudes, and emotions related to IQOS's promotional activities. The investigation carried out on the promotional activities of IQOS has revealed intricate observations regarding the brand's reputation and techniques for managing risks. The study employs a comprehensive methodology that includes qualitative approaches, comparative analysis, ethnographic research, case study analysis, and content analysis. Through this complex approach, the study reveals several significant discoveries. This research provides a comprehensive analysis of IQOS, examining the intricate relationship among reputation, risk management, and promotional tactics.

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