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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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Fulfilling the Rights of Restitution for Victims of Fraudulent Investment Fraud Azisa, Nur; Parawansa, Syarif Saddam Rivanie; Amri, Ulil; Darwis, Devian Yulansari
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.v21i2.4341

Abstract

The fraudulent investment mode of fraud is carried out by the perpetrators with a fake fund collection program with the lure of large percentage returns and low risk, and does not require technical analysis to make a profit. For victims of fraudulent investment fraud, paying attention to the provision of restitution as a form of legal protection. In practice, law enforcers still pay little attention to efforts to fulfill restitution for victims who have suffered losses. The type of research used is normative research using a statutory approach and a case approach. As for now, arrangements regarding restitution in criminal acts have been regulated in several laws, but in practice, several factors influence them, including statutory regulations, judges' legal understanding factors, and victims' legal understanding factors, so that their implementation still relies on victims' initiatives to apply for restitution
Deliberative Policy For Alleviating Poverty Of Traditional Fishermen On The South Coast Of Java Hanafi, Imam; Hanafi, Czar Muhammad Tsany; Saleh, Choirul
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.v22i1.4342

Abstract

This research aims conduct a literature review related to deliberative policies for alleviating poverty of traditional fishermen in the southern coastal region of Java. Traditional fishers in this region face serious challenges related to poverty, livelihood uncertainty, and limited access to sufficient resources to improve their standard of living. In evaluating policies that have the potential to help overcome this problem, the deliberative approach has been recognized as one approach that can encourage community participation in the decision-making process. Deliberative policy focuses on open, inclusive dialogue and accurate information to support dignified and beneficial decision making for all parties involved. The results of this literature review identify several key elements that need to be considered in formulating deliberative policies for alleviating poverty of traditional fishermen the southern coast of Java. Factors such as active participation of fishermen in policy formulation, involvement of government and non-government organizations, increased access to education and training, economic empowerment, and social protection are important points in designing effective policies. Thae hoped that further research and field implementation of this deliberative policy will provide deeper insight and ensure that the policies adopted can provide significant benefits for traditional fishermen in the southern coastal region of Java.
LEGAL PROTECTION OF ONLINE SOCIAL GATHERING MEMBERS EXPERIENCE LOSSES DUE TO DEFENSE Ingratubun, Baharudin Saleh
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.v21i2.4343

Abstract

This research aims to determine legal protection for online social gathering participants and also to determine inhibiting factors in dealing with members who are in default. The type of research used is sociological legal research or empirical law. Empirical legal research is legal research that analyzes the actual application of law to individuals, groups, communities, legal institutions in society with an emphasis on the behavior of individuals or communities, organizations or legal institutions in relation to the application or enactment of the law. In this research, the author conducted research in Jayapura City as the author discovered problems in the field regarding the rights of owners who were disadvantaged in transactions via electronic media at online social gatherings. The research results show that the legal protection that is expected to be provided to members who experience losses is legal protection related to compensation. However, in order to get the entire compensation, the management found obstacles in it, namely the online social gathering manager could not provide proof because there was no guarantee or written agreement in it. Inhibiting factors in dealing with members who are in default are: Settlement of default cases committed by one party against another party can initially be pursued in a non-litigation manner before ultimately if a settlement is not reached then it will be continued in litigation or before trial.
Environmental Insurance: Legal Protection and Certainty Mechanism in Recovery of Forest Damage Due to Land Burning Verdinan, Verdinan; Adi Mansar; faisal
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.v23i2.4344

Abstract

Environmental law enforcement against corporations that commit destruction is constrained by the execution of court decisions to carry out rehabilitation or compensation, where business actors do not intend to implement the decision. Therefore, environmental insurance can be a solution to cover compensation for environmental damage to realize legal certainty. 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 the legal basis for environmental insurance is regulated in Articles 42 and 43 of Law Number 32 of 2009 concerning Environmental Protection and Management jo Government Regulation Number 22 of 2021 concerning the Implementation of Environmental Protection and Management. The implementation of environmental insurance is constrained by insolvency problems by corporations who are required to make a recovery due to environmental damage but are not willing to pay compensation costs. Environmental insurance is a preventive and anticipatory effort as a guarantee to repair and restore the environment damaged by activities or businesses, especially plantations, as well as providing certainty in the enforcement of environmental laws following sustainable development goals.
The Legal Politics of Restorative Justice in Indonesia Rohadi, Ahmad Nur; Prasetyoningsih, Nanik
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 Royani, Esti
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 Arifudin, Nur; 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. 

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