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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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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
LEGAL ANALYSIS OF CORRUPTION CRIMES REGARDING ACCOUNTABILITY IN THE FINANCIAL MANAGEMENT AGENCY AND LANNY JAYA REGENCY REGIONAL ASSETS Samsul Tamher
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 Brillyant Virechely Tarore; Abdul Hakim; 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.
The Humanitarian Tragedy of "Wadas and Rempang Island" Forms of Neo-Colonialism and New-Style Neo-Capitalism and the Collapse of Law in Indonesia Sugeng Dwiono; Slamet Haryadi; Iskandar Iskandar
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.v22i2.4603

Abstract

The clash on September 7, 2023, between Rempang residents and security forces (POLRI, TNI), which ended with the arrest of 43 residents, mirrors the conflict that occurred between the residents of Wadas Village, Bener Subdistrict, Purworejo Regency, Central Java, and the Central Java Regional Government on February 8, 2022. The violence perpetrated by security forces against the residents of Rempang Island occurred when the company, escorted by security, unilaterally staked out Malay customary land in 16 traditional villages on Rempang and Galang Islands in the Riau Archipelago, covering an area of 17,600 hectares. This included 10,028 hectares of protected forest, or about 45.84% of the total land area, which they had occupied since 1834. According to the head of Batam Concessionaires (BP), Muhammad Rudi, the Eco City development plan has been underway since 2004. At that time, PT. Makmur Elok Graha and Xinyi Glass Holding Ltd. (July 2023), the exclusive rights holders, became the private entities partnered with the government (September 12, 2023), receiving an 80-year concession from the government. The government's actions of land seizure and violence demonstrate a form of power arrogance that tends toward abuse of power, under the pretext of protecting a 381 trillion investment, while ignoring the rights of citizens as stipulated in the 1945 Constitution and the Basic Agrarian Law. The government's actions represent forms of Neo-Colonialism and Neo-Capitalism occurring during the Jokowi administration. This situation underscores that the law is no longer equal; the law has collapsed, becoming merely a symbol that only favors power.
Analysis of the Success of Religious Courts in Reducing the Number of Marriage Dispensations as an Effort to Support the Government in Preventing Child Marriage Ahmad Yusroni; Bambang Santoso Haryonk; Mohammad Nuh
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.v22i3.4610

Abstract

Dispensation for marriage is actually considered a simalakama fruit, because changes to the age limit for marriage seem futile if in the end minors can legally marry with dispensation from the Court. The facts on the ground show that the ambiguity in Article 7 of Law No. 16/2019 on Marriage leaves more serious problems. As a result, several court institutions have been flooded with applications for dispensation for various reasons submitted by parents of children who wish to marry. Malang District, which contributed the highest number of marriage dispensations in East Java in 2022, has conducted various policy programs that have succeeded in reducing the number of marriage dispensations. This article analyzes the success of the Religious Court in reducing the number of marriage dispensations as an effort to support the government in preventing child marriage and what the level of success is by using descriptive qualitative research methods with Allan McConnell's Policy Success theory. This article explores the success of preventing child marriage from the program dimension and its level of success. The results showed that in the indicator of implementation according to the objectives, the level of success was included in Success. Meanwhile, in the indicator of achieving the expected results, the level of success is included in Resilient Success because although there is a decrease in applications for marriage dispensation every year, the number is still high. And finally, the indicator provides benefits to the target group, the level of success is included in Success.
THE URGENCY OF CHANGES TO GOVERNMENT REGULATION 35 OF 2021 REGARDING OUTFFERING Salesius Jemaru
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.v21i2.4614

Abstract

Outsourcing is considered an alternative way for companies that does not cause a lot of expenses for the company, but this is very detrimental for workers, especially in relation to the amount of wages they receive. In its implementation, quite a few companies violate workers' rights. The existence of Government Regulation Number 35 of 2021 is generally unprofitable for outsourced workers and even has the potential to lead to the practice of modern slavery. Modern slavery refers to the condition of a person being treated like a slave with limited freedom and rights in the context of labor exploitation. In the case of the use of outsourced labor, the Government Regulation provides significant leeway without clear restrictions which could exacerbate the risk of modern slavery practices occurring. Therefore, in order to provide real balance in a company, both between workers and company owners, it is appropriate for the Government to immediately make changes to the contents of Government Regulation Number 35 of 2021 concerning Outsourcing.
COVERNOTE'S STANDING IN ELIGIBILITY ON CREDIT AGREEMENTS IN BANKING I Kadek Hery Cahyadi; Ramlan Ramlan; Muhammad Arifin
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.v22i1.4615

Abstract

Credit agreements signed by creditors and debtors by providing collateral in the form of certificates are generally bound by a notarial deed, whether made authentically or privately. The credit agreement will then be processed to encumber the rights to the collateral. Before the imposition process is completed, it is customary for the Notary-PPAT to create and publish a covernote so that the bank is confident in disbursing credit to the debtor. The aim of this research is to determine the position of covernotes in fulfilling the requirements of credit agreements in banking. This research uses normative research methods. Normative legal research is research conducted or aimed at written regulations because the research is carried out based on statutory regulations, namely the relationship between one regulation and another and its relationship to its application in practice. The research results show that the position of the covernote issued by the Notary-PPAT to fulfill the requirements of the credit agreement at the bank is only limited to being a certificate, to explain that a credit agreement has been agreed and signed by providing a guarantee. However, the covernote is not an object of collateral or guarantee, the covernote is only a certificate that can be used as temporary collateral as a guide for the bank to issue credit to the debtor.

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