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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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The Legal Politics of Restorative Justice in Indonesia Ahmad Nur Rohadi; Nanik Prasetyoningsih
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.v22i2.4349

Abstract

Restorative Justice needs to be implemented immediately in Indonesia. Law Number 1 of 2023, which is expected to be an oasis, does not regulate this matter optimally. This article will discuss the ideal form of regulation for implementing restorative Justice in Indonesia. Implementing restorative Justice will include more than procedural or formal law. More than that, restorative Justice must cover all aspects of criminal law enforcement. It starts from material criminal law, procedural law, litigation dispute resolution, and non-litigation case resolution. This article will use normative juridical research methods and conceptual and statutory approaches. One of the important findings in this article is the absolute need for a paradigm shift in the enforcement and regulation of criminal law. From the initial nuance of retribution to a more nuanced recovery approach (restorative). Then therapeutic justice regulation must also be included in material criminal law regulation. So, it can be used as a guide for law enforcement officials in finding substantive Justice.
Relevance of Article 31 of the 1945 Indonesia Constitution and Law no. 8 of 2016 in the Perspective of the Theory of Dignified Justice Wartoyo, Franciscus Xaverius
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.v23i1.4350

Abstract

The government provides education for every citizen and community, including persons with disabilities. From the data in the field, it was found that very few schools and tertiary institutions have infrastructure facilities for persons with disabilities. The main point of discussion in this study is that higher education in services for disability facilities has not been optimally provided in educational environments evenly, only available in a number of state universities, while the private sector has not been many and able to provide infrastructure facilities for disabilities. The method used in this research is the sui generis method in legal research which is called the normative legal method. The 1945 Constitution of the Republic of Indonesia, especially those that regulate disability, namely Law number 8 of 2016, in implementation it is not yet relevant according to the contents in the preamble to the 1945 Constitution of the Republic of Indonesia and has not been realized optimally according to article 31, especially in several private tertiary institutions not yet available service facilities for persons with disabilities overall. It would be nice for the tertiary level, especially private universities, to provide support for people with disabilities with the support of the government, in the teaching and learning process to provide facilities, for example according to the competence of study programs or those with disabilities who are most interested. This research material in accordance with the philosophy of Pancasila and dignified justice
Dispute Resolution Model for Procurement of Government Goods and Services from State Administrative Law Perspective Hafidz, Jawade; Pamungkas, Achmad J
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.v23i1.4351

Abstract

Agreements for the procurement of goods/services with the principles of State Administration law are basically the same as agreements and generally give rise to rights and obligations of the parties which are called achievements. If these achievements are not fulfilled or there is a default by one of the parties, this will ultimately lead to a dispute between the parties. In this regard, the main problem studied is the model for resolving disputes over government procurement of goods and services agreements from a State Administrative Law perspective. The research method used is Normative Juridical which is based on secondary data. The results of the research show that the resolution of disputes over agreements for the procurement of Government Goods and Services from the legal perspective of the State Administration is carried out through non-litigation channels (Consultation, Mediation and/or Arbitration), while the Litigation route can be submitted to the Court within its absolute competence, namely the State Administrative Court, District Court by means of file a simple lawsuit or ordinary event lawsuit.
Implementation of the Division of Joint Assets Due to Divorce Based on Pancasila Justice Esti Royani
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.v22i1.4352

Abstract

The division of joint assets resulting from divorce in Indonesia is regulated by Law no. 16 of 2019 concerning amendments to Law Number 1 of 1974 concerning Marriage, which also includes a Compilation of Islamic Law, is considered to still not fulfill a sense of justice. This research aims to identify and analyze how the distribution of joint assets due to divorce is based on the Pancasila value of justice, because Pancasila is a philosophy of life and the source of all legal sources that apply in Indonesia. This research was conducted using a normative juridical approach. The results of research on the implementation of the distribution of joint assets as a result of divorce show that the distribution of joint assets as a result of divorce is carried out casuistically based on contributions, taking into account the benefits and negative impacts. The implementation was deemed not to be fair because the judge, when deciding on a case he handled, paid little attention to the substance of the case he handled and did not understand the meaning behind the words in the articles of the statutory regulations, the judge only based on the sound of the article in the statutory regulations. Many judges' decisions are based on article 97 KHI, even though article 97 KHI is deemed unfair if husband and wife both work or even the wife makes a greater contribution than the husband. Apart from that, when a judge decides on a case he is handling, the judge is influenced a lot by one of the parties in the case so that the judge's decision on a case does not embody justice or does not reflect justice.Keyword: Divorce, Joint Property, Justice, Pancasila.
REGIONAL AUTONOMY POLICY MODEL BASED ON FULFILLING REGIONAL AND REGIONAL NEEDS IN EAST KALIMANTAN Yulianingrum, Aullia Vivi; Elviandri, Elviandri; Aidil, Aidil; Zen, Hafied
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.v23i2.4353

Abstract

This study aims to; first, identify the problems and needs of the East Kalimantan Province in an effort to implement regional autonomy. Second, to formulate a regional autonomy policy model based on the fulfillment of regional and territorial needs in East Kalimantan Province. The research method used is sociological legal research (empirical juridical). Where the research location is at the East Kalimantan Provincial Government office and the East Kalimantan Provincial DPRD located in Samarinda city. The types and sources of data used are primary data and secondary data. The primary data collection techniques are interviews and public discussion forums or FGDs with related apparatus. Literature study to complement secondary data and data analysis in this study is classified as qualitative with deductive inference. The impact of the implementation of regional autonomy has an impact on the determination of regional policies in responding to all the problems that arise so that a regional autonomy implementation strategy is needed in accordance with the needs of the region and the conditions of the region. Regional autonomy must be in accordance with regional needs so that it has an impact on regional independence, community welfare, justice in terms of natural resource management, regional financial capacity and environmental damage, democracy and upholding human rights in accordance with the constitution and equity in terms of economy and infrastructure.
Legal Construction that Strengthens Individual Legal Responsibility in Corporate Leadership Regarding Practices Social and Environmental Responsibility in Indonesia Nur Arifudin; Purwanti Purwanti
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.v22i3.4354

Abstract

In the realm of corporate leadership, the integration of Tanggung Jawab Sosial dan Lingkungan (TJSL) practices has gained increasing attention as organizations seek to align their operations with sustainable development goals. This paper delves into the legal constructs aimed at strengthening individual legal accountability within corporate leadership concerning TJSL practices. The study engages in a comprehensive analysis of the evolving legal landscape, highlighting mechanisms designed to foster responsible decision-making and governance within corporations. A focal point of the investigation is the examination of legal frameworks that establish a direct connection between individual executives and their fiduciary duties towards social and environmental considerations. The paper explores various jurisdictional approaches to holding corporate leaders accountable, ranging from fiduciary duties extensions to the incorporation of TJSL principles into directorial responsibilities. By scrutinizing case law, statutory provisions, and international standards, the research uncovers patterns in legal precedents that uphold the principle of individual accountability. Furthermore, the paper scrutinizes the challenges inherent in enforcing such legal constructs, especially in transnational contexts. It addresses issues of jurisdictional reach, cross-border liability, and the harmonization of diverse legal frameworks to ensure cohesive accountability standards. The study also assesses the role of corporate governance mechanisms, internal policies, and external incentives that interact with legal provisions to motivate proactive TJSL practices. In conclusion, this paper sheds light on the transformative potential of legal mechanisms in fostering a culture of responsible corporate leadership aligned with social and environmental values. It emphasizes the synergy between legal mandates and ethical imperatives, ultimately contributing to the advancement of sustainable business practices within a global context. 
STATE LEGAL POLICY ON THE RESPONSIBILITY OF GOVERNMENT AND BUSINESS CONTRACTORS IN ENVIRONMENTAL MANAGEMENT AND ENVIRONMENTAL DISPUTE RESOLUTION (Toxic Hazardous Waste Management) Fatkhul Muin; Palmawati Tahir; Iin Ratna Sumirat; Muhmmad Hatta Roma Tampubolon; Haris Mubarak
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.v23i2.4357

Abstract

The issue of environmental management and the responsibilities of the government and local governments in hazardous and toxic waste management is certainly inseparable from the current existing conditions, where many industries produce hazardous waste. In the aspect of environmental management related to toxic hazardous waste, it is inseparable from environmental disputes over the management of hazardous and toxic waste. The approach of Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law, the regulation of environmental approval regulates specifically related to waste management which has an impact on environmental management in the community. The formulation of the Hazardous and Toxic Substances paradigm is a substance, energy, and/or other component that due to its nature, concentration, and/or amount, either directly or indirectly, 'can pollute and/or damage the Environment, and/or endanger the Environment, health, and the survival of humans and other living things. Therefore, from the understanding in the norm, the poor management of the waste will cause damage.  This research focuses on a legal approach and aims to analyze in depth the responsibility and environmental management of waste and environmental dispute resolution due to hazardous and toxic waste.
Correctional Social Work: Existence and Legal Intervention in the Juvenile Justice System in Indonesia Willya Achmad
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.v22i2.4358

Abstract

Correctional social work is the process of helping and rehabilitating people who have problems violating the law.This research investigates the important role of correctional social work in the context of the juvenile justice system in Indonesia. The main focus is on the existence and effectiveness of legal interventions carried out in efforts to rehabilitate and reintegrate children involved in legal violations. This research uses a qualitative approach with descriptive methods. The research results confirm that the existence and intervention of correctional social work in the juvenile justice system in Indonesia has a significant impact in supporting the rehabilitation and reintegration of juvenile criminals. The holistic and therapeutic corrective approach applied by social workers helps children understand their mistakes, develops adaptive skills, and motivates them for positive change. Serving as counselors, motivators, experts, therapists, brokers, educators, advocates, and mediators, correctional social workers facilitate children's access to rehabilitation, education, and training programs that meet their needs. By focusing on the interests and welfare of children as the main priority, the existence and intervention of this effectively ensures the protection and provides the necessary support for children involved in the juvenile justice system in Indonesia, guiding them towards positive behavioral changes and achieving a better future. Good.
Cryptoization and Shadow Currency: Legal Overview of the Importance of Digital Rupiah in Indonesia Sulistiyono, Adi; Kharisma, Dona Budi
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.v23i2.4369

Abstract

Cryptoization in Indonesia can be seen in the number of investors and crypto asset transactions. As of January 2024, the total number of crypto asset investors reached 18.83 million investors. Meanwhile, the total accumulated value of crypto asset transactions throughout 2024 was recorded at IDR 48.82 trillion. Various types and developments in crypto assets trigger shadow currency risks. Shadow currency is a currency function that can be replaced by another form. In this regard, research is needed regarding the relationship between crypto assets as shadow currency in financial stability and the importance of regulating digital rupiah in Indonesia. The approach used is the statute approach. This research will examine various laws and regulations relating to crypto assets, fintech, financial systems and currencies. The research results show that the crypto asset transaction process occurs outside the official monetary system and can develop into a digital currency area outside certain jurisdictions. The materialization of this risk can threaten a country's monetary sovereignty, thus triggering the risk of shadow currency. Therefore, it is recommended that the Digital Rupiah be a Central Bank Digital Currency (CDBC) which is officially implemented in Indonesia. However, there needs to be regulatory and policy support needed so that CBDC can be implemented in Indonesia, one of which is through a revision of the Indonesian Act on Currency.
Paying Attention to Privileges: Comparison of the Special Laws of Yogyakarta and Aceh from a Legal and Constitutional Perspective Supono Supono; Iwan satriawan; Indira Naquita Adilah
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.v22i2.4370

Abstract

This research aims to take an in-depth approach to examine the comparison between the implementation of the Yogyakarta and Aceh Special Laws from a Legal and Constitutional Perspective. The main focus is on implementing the two laws and how the unique aspects contained therein are reflected in practice. The research method used is comparative law as the primary basis, focusing on the Special Laws of Yogyakarta and Aceh in the Legal and Constitutional Perspective. Research data was obtained through a comprehensive literature study and analysis of relevant legal documents, including the texts of laws, government regulations and court decisions relating to the two provinces. After collecting the data, an analytical approach uses the legal and constitutional framework as a guide. The research results show that this comparison involves research into the history of the formation and legislative background of the Special Laws, the particular scope provided, and the implementation mechanisms stipulated by the two laws. Through this approach, this article provides a deeper understanding of the dynamics of law and regional autonomy in Indonesia, as well as the contribution of these two legal instruments in supporting local identity and wisdom within the framework of a unitary state.

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