cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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 1,718 Documents
 55   56   57   58   59 
The legal policy of implementing automatic exchange of information (aeoi) in indonesia: what and how? Diah Sulistyani Ratna Sediati; Zaenal Arifin
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.v23i2.4532

Abstract

The Automatic Exchange of Information (AEOI) is a scheme for the automatic exchange of financial information between countries to combat tax evasion and money laundering. Indonesia has established AEOI through Law Number 9 of 2017 and Minister of Finance Regulation Number 60/PMK.03/2017, taking into account various economic, social, and political interests in its legal political process. The purpose of this research is to analyze the legal politics behind the establishment of the Automatic Exchange of Information (AEOI) in Indonesia and to formulate effective and efficient implementation strategies in the government's efforts to combat tax evasion and money laundering through the scheme of automatic exchange of financial information between countries. This research uses normative legal research methods, focusing on examining and analyzing the applicable legal norms. The sources of legal materials used in this research consist of primary, secondary, and tertiary legal materials, with data collection techniques in the form of literature studies and data analysis conducted qualitatively. The research results reveal that the legal politics behind the establishment of the Automatic Exchange of Information (AEOI) in Indonesia are based on efforts to align with international standards in combating cross-border tax evasion and money laundering, enhancing fiscal transparency, strengthening law enforcement in the field of taxation, and increasing state revenue from the tax sector. The implementation of AEOI can be carried out effectively and efficiently by ensuring a strong legal framework, developing reliable information technology infrastructure, enhancing human resource capacity, building cooperation and coordination with financial service institutions and partner countries, conducting monitoring and evaluation, and raising public awareness and education about the importance of AEOI in combating cross-border tax evasion and money laundering.
The Concept of People's Sharia Economy in The Perspective of Dignified Justice Theory: What and How? Andi Darmawangsa; Surani Surani; M. Akil; Ardi Ardi; Aditya Halim Perdana Kusuma Putra
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.v23i1.4536

Abstract

Indonesia, as the world's largest Muslim-majority country, requires the development of an economic system that aligns with the principles of Islamic Sharia, one of which is through the concept of Sharia populist economy. This concept balances Sharia principles with the spirit of populism to achieve social justice and community welfare. The purpose of this research is to explore a deep understanding of the Sharia populist economy concept and how it can be integrated with principles of dignified justice. It also aims to analyze practical steps and strategies for implementing the Sharia populist economy concept in the Indonesian context, considering principles of dignified justice. This research employs normative legal research methods with a conceptual approach, using primary and secondary legal sources, data collection techniques through literature studies, and qualitative data analysis. The research findings reveal that the concept of Sharia populist economy is understood from the perspective of the theory of dignified justice as an effort to create an economic system that is fair, balanced, and prioritizes the welfare of all societal layers. This is achieved by integrating Islamic Sharia principles with the spirit of populism, involving active community participation in productive economic activities. This concept aims to create comprehensive justice, covering economic, spiritual, social, and environmental dimensions, ensuring that the entire society has equal opportunities to achieve well-being and dignity. Its implementation in Indonesia can be realized through a comprehensive approach, such as formulating supportive policies and regulations, developing adequate infrastructure, enhancing human resource capacities, encouraging active stakeholder participation, and the government's role in creating a conducive environment while maintaining principles of justice, balance, and welfare for all societal layers in line with the spirit of populism
Adjudication of Complete Systematic Land Registration as a System of Acquiring Land Rights in the Community: A Perspective of State Administrative Law Mohamadfasyehhudin Fasyehhudin
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.v23i2.4544

Abstract

The implementation of complete systematic land registration is generally massive. To carry it out, the Head of the Land Office is assisted by an Adjudication Committee specially formed by the Minister or a designated official so that the routine tasks of the land office are not disrupted. However, problems remain exist in its implementation. Therefore, this study was conducted to reveal the duties and authority of the PTSL Adjudication Team as an organizational unit in carrying out complete systematic land registration and to examine the Handling and Settlement of Land Disputes resulting from the PTSL Adjudication Committee's determination of ownership of Land Rights in the community. This study employed a legal research method using a normative juridical approach. The results of this study show that the adjudication task is an investigative task that examines and seeks the truth of formal evidence, including the initial juridical data owned by the land rights holder, and the justification task, which is to make a determination and validate the evidence that has been examined. The completion of Complete Systematic Land Registration activities is carried out based on Clusters, including Cluster1, Cluster2, Cluster3, and Cluster4 as stipulated in the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 6 of 2018 on Complete Systematic Land Registration and Technical Guidelines for Complete Systematic Land Registration Number: 1/Juknis-100.HK.02.01/1/2022 on Technical Guidelines for Complete Systematic Land Registration.
Exclusive Economic Zone Polluted by Oil Spill; Coastal State Loses Lia Yulia; Danial Danial
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.v23i2.4545

Abstract

Pollution of the marine environment means the introduction by humans, directly or indirectly, of materials or energy into the marine environment which has an adverse effect on marine biodiversity and marine life. The problem is: the First, how is the responsibility of foreign ship companies due to pollution of the marine environment that occurs in Indonesia's exclusive economic zone in terms of the 1982 United Nations Convention on the Law of the Sea? Second, how is the implementation of the 1982 United Nations Convention on the Law of the Sea towards the responsibility of foreign shipping companies due to pollution of the marine environment that occurs in Indonesia's exclusive economic zone? The method used is normative juridical, with a legal principles approach. while the data analysis is a qualitative juridical analysis, namely analyzing problem identification based on secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study are: First, the responsibility of foreign ship companies due to pollution of the marine environment that occurs in the Indonesian Exclusive Economic Zone is in the form of compensation for losses incurred; Second, the implementation of the 1982 United Nations Convention On The Law Of The Sea against the liability of Foreign Ship Companies Due to Pollution of the Marine Environment that occurred in the Indonesian Exclusive Economic Zone includes ratification of the 1982 United Nations Convention On The Law Of The Sea and provision of witnesses or compensation to perpetrators pollution.
Measuring Islamic Boarding School Kiai's Legal Istinbat regarding Election Jurisprudence in Indonesia from the Perspective of Political Jurisprudence Principles Shofiyulloh Shofiyulloh; Ridwan Ridwan; Arini Rufaida
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.v23i2.4547

Abstract

Islamic boarding school kiai have a role in society as heirs of the Prophets. They are considered to have the capacity for religious understanding to provide the best solutions to the problems of the people, including those related to the general elections in 2024. This research aims to analyze the legal istinbat of Islamic boarding school kiai related to general elections in Indonesia from the perspective of political jurisprudence rules. The main issues studied in this research are the legal istinbat of Islamic boarding school Kiai regarding general election jurisprudence in Indonesia, the legal istinbat of Islamic boarding school kiai in responding to political issues in Indonesia, and the legal istinbat of Islamic boarding school kiai in formulating the rules of political jurisprudence in Indonesia. This research uses the method of istinbat usul fiqh law and fiqh rules. In applying the formulation of kiai thinking through the method of political jurisprudence, the concept of istiqra'i digital literature is used. This research concludes that the Islamic boarding school kiai's legal istinbat is based on a fiqh mindset which refers to the madhabi-manhaji. Meanwhile, political issues are interpreted by Islamic boarding school kiai as wasilah which refers to the noble goal of building a better Indonesia. Islamic boarding school kiai's thoughts about politics are often colored by the rules of political jurisprudence.
Bitcoin in Islamic Economics: A Literature Review on Its Halal, Haram, and Opportunities Husna Nashihin; Muhammad Arrafi Muzhaffar Permadi; Wahyudin khairul Sya’ban
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.v23i2.4548

Abstract

Indonesia is rich in diverse traditional cultural expressions that need to be protected from misuse or irresponsible commercialization. Efforts to safeguard these cultural expressions can be undertaken by integrating them into the Intellectual Property Rights (IPR) regime through comprehensive and effective legal regulations. The aim of this research is to formulate an ideal concept for regulating traditional cultural expressions within the IPR regime as a means to strengthen national identity in Indonesia, and to identify challenges and obstacles in integrating the protection of traditional cultural expressions into the IPR regime. This research employs normative legal research methods with legislative and conceptual approaches. The legal materials used include primary, secondary, and tertiary legal sources, with data collection techniques through literature study and qualitative data analysis. The research results indicate that the ideal concept for regulating traditional cultural expressions within the IPR regime to strengthen national identity in Indonesia must include a clear definition of traditional cultural expressions and their criteria, the establishment of a comprehensive data and inventory system, provision of legal protection and management mechanisms involving the community owners, assurance of fair profit-sharing in case of commercial utilization, regulation of government and community roles in preservation, and the reinforcement of national identity by recognizing traditional cultural expressions as protected and promoted national assets. The main challenges and obstacles include the absence of clear definitions and criteria, issues of communal ownership, the diversity of cultural expressions, the need to balance protection and access for utilization, lack of community capacity and awareness, and limitations in resources and supporting infrastructure.
IUS CONSTITUENDUM: REGULATION OF TRADITIONAL CULTURAL EXPRESSIONS WITHIN THE FRAMEWORK OF THE INTELLECTUAL PROPERTY RIGHTS REGIME AS A STRENGTHENER OF NATIONAL IDENTITY Sitti Fatimah Maddusila
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.v23i2.4550

Abstract

Indonesia is rich in diverse traditional cultural expressions that need to be protected from misuse or irresponsible commercialization. Efforts to safeguard these cultural expressions can be undertaken by integrating them into the Intellectual Property Rights (IPR) regime through comprehensive and effective legal regulations. The aim of this research is to formulate an ideal concept for regulating traditional cultural expressions within the IPR regime as a means to strengthen national identity in Indonesia, and to identify challenges and obstacles in integrating the protection of traditional cultural expressions into the IPR regime. This research employs normative legal research methods with legislative and conceptual approaches. The legal materials used include primary, secondary, and tertiary legal sources, with data collection techniques through literature study and qualitative data analysis. The research results indicate that the ideal concept for regulating traditional cultural expressions within the IPR regime to strengthen national identity in Indonesia must include a clear definition of traditional cultural expressions and their criteria, the establishment of a comprehensive data and inventory system, provision of legal protection and management mechanisms involving the community owners, assurance of fair profit-sharing in case of commercial utilization, regulation of government and community roles in preservation, and the reinforcement of national identity by recognizing traditional cultural expressions as protected and promoted national assets. The main challenges and obstacles include the absence of clear definitions and criteria, issues of communal ownership, the diversity of cultural expressions, the need to balance protection and access for utilization, lack of community capacity and awareness, and limitations in resources and supporting infrastructure.
An Analysis of Maqasid al-Shariah on Alternatives to the Death Penalty in Law No. 1 of 2023 Concerning the Criminal Code Liantha Adam Nasution; Watni Mapaung; Arifuddin Muda Harahap
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.v23i2.4560

Abstract

The research was a qualitative legal study concerning alternatives to the death penalty as stipulated in Law Number 1 of 2023 on the Criminal Code, and it was evaluated from the perspective of maqashid al-shari'ah. The method involved initially collecting both primary and secondary data, which were then scrutinized within relevant literature. After examining and analyzing the data, the researcher concluded that the alternative provisions to the death penalty in Law Number 1 of 2023 on the Criminal Code exhibit both similarities and differences compared to Islamic law as interpreted by maqashid shariah. The similarities include that both the Law and Islamic law offer alternative sanctions that no longer involve taking a life, which in the context of the National Criminal Code could be considered aligned with maqashid shariah. However, a notable difference lies in cases of murder or taking another's life, where Islamic law does not allow for the alternative sanction of diyat (financial compensation) unless the victim's family forgives the perpetrator. For the National Criminal Code to align with maqashid shariah in providing an alternative to the death penalty for murder (resulting in the loss of life), it must first secure forgiveness from the victim's family as a prerequisite to commuting the sentence from death to life imprisonment or a maximum of 20 years in prison.
LAW PROTECTION OF OUTSOURCING WORKERS IN EMPLOYMENT LAW POST THE JOB CREATION PERPU Dede Agus; Hilton Tarnama PM
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.v23i2.4568

Abstract

This research aims to describe how the law position of outsourced workers and the law protection of outsourced workers post the law No.2 of 2022 on Job Creation. The use of outsourcing workers has a strategic position for employers in the unconducive business. But not strategic position for law protection of workers, because the impact of outsourcing is very unlack to workers. Therefore, law protection is needed for outsourcing workers to realize social justice in the employment. This research method, normative juridical based on secondary data and descriptive analysis of qualitative. The results showed that the law position of outsourcing workers in agreement of work with the company contracting and  the outsourcing worker on the provision of worker services has a working relationship with the service provider company not to the user/employer. The law protection of outsourced workers post the law No.2 of 2022 on Job Creation has protected outsourcing workers. Because the  law No.2 of 2022 on Job Creation have two models agreement of work, such as: PKWTT or PKWT with TUPE
Implementation of the Village Sustainable Development Goals Policy (Study in Sri Mulya Village, Sinar Peninjauan District, Oku Regency, South Sumatra Province Diah Ayu Permatasari; Muhammad Shobaruddin; Tjahjanulin Domai
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.v22i2.4574

Abstract

The aim of this village sustainable development research is to describe the implementation of village sustainable development goals in Sri Mulya Village, Sinar Peninjauan District, OKU Regency, South Sumatra Province. Apart from that, this research also aims to identify factors that can support or hinder the implementation of village sustainable development goals in Sri Mulya Village, Sinar Peninjauan District, OKU Regency, South Sumatra Province. The theory in this research uses the theory put forward by Soren C. Winter (2006). According to Winter, the success of implementing a policy can be seen based on 3 variables, namely the behavior of inter-organizational relations with the dimensions of organizational commitment and inter-organizational coordination, the behavior of implementers (lower level bureaucracy) with the discretionary dimensions and the behavior of the target group with the dimensions of positive and negative responses. The type of research used is qualitative descriptive research. The research results show that the implementation of village sustainable development goals in Sri Mulya Village as seen from the 3 variables of Soren C. Winter (2006) has not been implemented optimally with problems including: Commitment is only verbal because there is no concrete action which causes there is no sense of awareness to be involved, Coordination between organizations is limited to reporting without any feedback as an effort to provide guidance on the implementation of village sustainable development goals in Sri Mulya Village. The village government takes the decision as a form of discretion. The decision taken was to continue updating the data with existing human resources, because there were elements implementing data updates who should have been involved but did not help. The community gave a positive response in the form of cooperation during village data collection. The negative response is that there are still doubts from the community about the Village Sustainable Development Goals programKeywords:Village Sustainable Development Goals, Implementation, Community Welfare

Page 57 of 172 | Total Record : 1718

 55   56   57   58   59 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 25 No. 1 (2026): Pena Justisia Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue