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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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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
Implementation of the Village Sustainable Development Goals Policy (Study in Sri Mulya Village, Sinar Peninjauan District, Oku Regency, South Sumatra Province Permatasari, Diah Ayu; Shobaruddin, Muhammad; Domai, Tjahjanulin
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
LEGAL ANALYSIS OF CORRUPTION CRIMES REGARDING ACCOUNTABILITY IN THE FINANCIAL MANAGEMENT AGENCY AND LANNY JAYA REGENCY REGIONAL ASSETS Tamher, Samsul
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.v21i2.4578

Abstract

This research aims to determine and analyze the implementation of accountability investigations at the Regional Financial and Asset Management Agency of Lanny Jaya Regency and to determine and analyze the factors that hinder the accountability investigation process at the Regional Financial and Asset Management Agency of Lanny Jaya Regency. In this research, the methods used are normative juridical research methods and empirical juridical research methods, supported by data collection techniques in the form of direct observation and interviews in the field so that valid and accountable data is obtained. The research results show that the process of investigating alleged criminal acts of corruption in the regional financial and asset management agency of Lanny Jaya Regency by the Papua Prosecutor's Office was carried out using several methods. One way is through judicial intelligence operations carried out by the Prosecutor's Intelligence team. In the investigation process, the Prosecutor's Office uses case development techniques by utilizing whistle blowers (internal informants) and justice collaborators (justice collaborators) to collect case data and facts. Apart from that, the Prosecutor's Office also applies investigative audit techniques as a method of searching and collecting data, information and other findings to ensure the truth or even reveal errors in facts. In investigative efforts, the Prosecutor's Office also coordinates with the Financial Audit Agency (BPK) or the Financial and Development Supervisory Agency (BPKP) to ensure the completeness and correctness of information related to corruption cases. Several obstacles faced by the Investigating Prosecutor in carrying out investigations into criminal acts of corruption in the regional financial and asset management agency of Lanny Jaya district. These obstacles include limited human resources, funding/budget sources, facilities and infrastructure, as well as access to areas which affect the smoothness and support of the investigation process.
EFFECTIVE WAYS TO ERADICATE CORRUPTION IN INDONESIA Dahwir, Ali
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.v23i2.4579

Abstract

To eradicate corruption in Indonesia requires extraordinary methods. Such as applying the method that has been used by Denmark and Finland. This research aims to examine and analyze the problem of eradicating corruption in Indonesia. The research method used is qualitative normative juridical, where problems are analyzed using primary legal materials, secondary legal materials and tertiary legal materials. The results of the analysis show that eradicating corruption is a commitment and consistency of each party. The commitment to eradicate corruption can be enforced through good legal substance. Good legal substance can force legal officials to be good. Fighting corruption can be done by setting harsh penalties and a narrow range between the minimum criminal threat and the maximum criminal threat. Confiscation of assets of perpetrators of criminal acts of corruption and instilling anti-corruption values and principles at all levels of education. The threat of severe punishment is carried out top down as a deterrent and bottom up instilling anti-corruption values and principles in society.
Policy Analysis of New Autonomous Region Formation: A Case Study on the Readiness of Tondano City Formation Based on Government Regulation Number 78 of 2007 Tarore, Brillyant Virechely; Hakim, Abdul; -, Hermawan
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.v22i2.4580

Abstract

This research aims to describe and analyze the implementation of Government Regulation Number 78 of 2007, focusing on the supporting and inhibiting factors in the process of preparing Tondano Raya District to become Tondano City, a New Autonomous Region. Using the Policy Analysis theory by Patton & Sawicki (2012), the study develops policy alternatives to ensure readiness for this transformation. The findings indicate that while there is significant community support for forming Tondano City, several administrative and technical requirements stipulated by Government Regulation Number 78 of 2007 remain unmet. Specifically, administrative challenges, economic indicators, and infrastructure improvements are needed. High community support and abundant natural resources are major supporting factors, yet the lack of clear regulations and a moratorium policy present significant obstacles. The proposed policy alternatives include: strengthening relationships between the DPR and the community, completing and updating essential data, maintaining population quality and quantity, increasing Profit Sharing Funds, General Allocation Funds, and Special Allocation Funds, enhancing local revenue policies, adjusting expenditure patterns, securing potential national financial sources for local management, granting greater discretion to local governments, promoting industrial development, and optimizing resource potential in the prospective new autonomous region. These alternatives aim to comprehensively address the readiness for the future formation of Tondano City as a New Autonomous Region, ensuring sustainable development and improved public services. Keywords:policy analysis; formation of new autonomous regions; policy alternatives
Deposit Insurance Agency Between Legal Protection and Banking Crime Mambaya, Marthinus
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.v23i2.4592

Abstract

This research was conducted with the aim of, among other things, wanting to know, understand and explain the role of deposit insurance institutions between legal protection and banking crime. To obtain accurate and scientifically accountable data, normative and empirical juridical research methods are used. The research results reveal that banking transactions are something that should be prioritized so that the interests of the parties can be protected. In law enforcement, these pairs of values need to be harmonized and explained more concretely because these values are usually abstract. Suggestions for utilizing legal tools for bank fraud are carried out using various modus operandi, in the form of deviation from Bank Indonesia Liquidity Assistance (BLBI) by disbursing it in the form of fictitious credit and bank balance mark-ups. Bank Indonesia has a big responsibility to protect and guarantee clients from losses caused by wrong bank actions as the institution that forms and supervises the banking system in Indonesia. To ensure that all banks operating in Indonesia implement statutory provisions, Bank Indonesia must be more active in carrying out its duties and authorities. Good and effective supervision helps reduce client losses due to bank actions.
Integration of Papua into the Unitary State of the Republic of Indonesia Bauw, Lily
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.v23i2.4601

Abstract

The aim of this research is to show that the government and indigenous Papuan people must consider and discuss the possibility of integrating Papua into the territory of the Unitary State of the Republic of Indonesia. This research method is normative and empirical, with statutory regulations as the main source. The research results are then analyzed and can be justified by looking at the facts or reality in the field. The research results show that there is a lot of debate about the integration of Papua into the Republic of Indonesia as mentioned above, whether it is part of a political effort or state formation. The most important thing is to learn from the past, namely how to utilize differences to produce results that are beneficial to society, especially the Papuan people. Therefore, the most important thing to do is resolve human rights violations or acts of violence that occurred in Papua Province, both before and after integration.

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