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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.
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Articles 1,631 Documents
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FACTORS INHIBITING THE IMPLEMENTATION OF THE ROAD MAP POLICY FOR BUREAUCRATIC REFORM AT THE INSTANTIONAL LEVEL (Study at the Regional Secretariat of Konawe Regency, Southeast Sulawesi Province) Reski Melyana Melamba
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.v22i1.4522

Abstract

Reforming the Indonesian bureaucracy is a long-term agenda that continues to be the focus of every government. Bureaucratic reform policy is a process to change processes, public bureaucratic procedures and the attitudes and behavior of bureaucrats to achieve bureaucratic effectiveness and national development goals (Quah, 2022). The bureaucratic reform agenda in Konawe Regency has been going on for 8 (eight) years. During these eight years, dynamics and complexity have colored the steps and movements of bureaucratic reform in the Regional Government of Konawe Regency, Southeast Sulawesi Province. However, unfortunately, until now, or entering the final stage, the implementation is still far from being "successful". Judging from the evaluation results of the implementation of Bureaucratic Reform, it still shows that there is a gap between the current achievements and the expected conditions. This gap can be seen from two sides, namely from the planning side and the implementation side. On the planning side, the 6 context of the 2020-2024 Konawe Regency Bureaucratic Reform Road Map has not yet optimally accelerated good governance, which can be seen from various leverage indicators which are still at a very low level. On the implementation side, there are several obstacles from both internal and external factors, such as the management of Bureaucratic Reform at the OPD level which has not been optimally felt by the community, related to concrete performance for the community, public services, and reducing the practice of Corruption Collusion Nepotism (KKN). Planning and implementation of Bureaucratic Reform is also still being carried out partially by each OPD so that it has not yet focused on national strategic issues and the direction of National Development (Source: Konawe Regency Regional Government Bureaucratic Reform Road Map 2021 to 2025). This research focuses on the factors inhibiting the implementation of the bureaucratic reform road map policy at the Regional Secretariat of Konawe Regency, Southeast Sulawesi Province. The research results show that the factors inhibiting the implementation of the bureaucratic reform road map policy at the Konawe district regional secretariat can be grouped into two categories, namely internal factors and external factors. From the internal side, there are several obstacles, including: limited understanding of the apparatus regarding the road map for bureaucratic reform, lack of relevance of the road map to organizational needs, weak integration of bureaucratic reform programs in planning and budgeting, low commitment from internal stakeholders, and rigidity in bureaucratic governance which is less flexible. Meanwhile, from the external side, the identified inhibiting factors are weak collaboration and coordination with external stakeholders, as well as changes in policies and regulations regarding bureaucratic reform which have not been fully accommodated, synchronized and internalized with regional work plans and strategic plans of regional apparatus organizations referred to in including at the Konawe Regency Regional Secretariat.Keywords:Bureaucratic Reform, Factors Inhibiting Policy Implementation, Road Map, Regional Government
THE LEGAL POLICY OF IMPLEMENTING AUTOMATIC EXCHANGE OF INFORMATION (AEOI) IN INDONESIA: WHAT AND HOW? Sediati, Diah Sulistyani Ratna; Arifin, Zaenal
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? Darmawangsa, Andi; Surani, Surani; Akil, M.; Ardi, Ardi; Putra, Aditya Halim Perdana Kusuma
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 Fasyehhudin, Mohamadfasyehhudin
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 Yulia, Lia; 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; Rufaida, Arini
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.
IUS CONSTITUENDUM: REGULATION OF TRADITIONAL CULTURAL EXPRESSIONS WITHIN THE FRAMEWORK OF THE INTELLECTUAL PROPERTY RIGHTS REGIME AS A STRENGTHENER OF NATIONAL IDENTITY Maddusila, Sitti Fatimah
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 Maddusila, Sitti Fatimah
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 Nasution, Liantha Adam; Mapaung, Watni; Harahap, Arifuddin Muda
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 Agus, Dede; PM, Hilton Tarnama
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

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