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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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The relationship between taxpayer compliance and taxpayer compulsion on optimizing regional tax revenues in three cities in East Java Province Shinta Awalia Rizky Nugrahani; Fadillah Putra; Siti Rochmah
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.v22i1.4625

Abstract

This research aims to investigate the relationship between taxpayer compliance and taxpayer compulsion to optimize local tax revenues in three cities in East Java Province, namely Madiun City, Mojokerto and Probolinggo. Collective action is used in this research as a theoretical lens that can explore in depth the actions taken by local governments in an effort to optimize tax revenues. A quantitative approach is used to test the relationship between variables through hypothesis testing based on statistical power. A total of 468 respondents was determined based on the results of the Slovin formula calculation. The findings of this research indicate that taxpayer compliance and taxpayer compulsion in the three cities in East Java Province have a positive and significant effect on the optimization of regional tax revenues. This of course has implications for local revenue (PAD) which can be optimized by regional governments through regional tax revenues. Theoretical and practical implications in this research have also been discussed comprehensively based on the research findings.
Concept of Business Dispute Resolution from a Justice Perspective Herikson P. Siahaan; Triono Eddy; Ramlan Ramlan
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.v22i1.4642

Abstract

Business activities are broader than trade, because the scope of business activities is not only trade, but covers broader fields such as production, processing, distribution, trade/marketing, export-import, procurement of goods/services, labor recruitment services, business consulting services , credit, credit guarantees, insurance, business cooperation, investment, mass media, property, capital markets, and others. The concept of resolution is that a private judge is not bound by various formalities, is quick in giving decisions, because it is in the final instance and is binding, which is easy to implement because the parties will obey it. Juridically based on Article 1 point 1 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UUAAPS) arbitration is a method of resolving a civil dispute outside the general court which is based on an arbitration agreement made in writing by the parties to the dispute. The Supreme Court of the Republic of Indonesia said that ADR is a concept of cooperative resolution of conflicts or disputes outside of court which is directed at an agreement or solution to a conflict or dispute that is "win-win". What is meant by a "win-win" solution is a solution or agreement that is able to reflect the interests or needs of all parties involved in the conflict (shared interest).
The Philosophical Foundation of Intellectual Property Rights Protection Setyaningsih Setyaningsih; Aline Gratika Nugrahani; Irene Mariane
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.v21i2.4643

Abstract

The communal system that lives in Indonesian society creates a view and culture that seems to oppose the presence of IPR because of its individuality. Enforcement of IPR protection in Indonesia is still a big homework for the Indonesian government in the midst of the communality of Indonesian society. On the other hand, the pressure of large countries has triggered the imposition of IPR regulations in Indonesia. As a result, Indonesia always holds the status of priority watch list. This paper discusses the philosophical basis for IPR protection in accordance with the character of Indonesian society. This paper will also examine how religion views the concept of IPR protection. So that IPR can be well received and grow properly in Indonesia. The writing uses normative research methods. Finally, it can be concluded that the MUI fatwa which prohibits and forbids the use of Intellectual Property Rights belonging to others without permission, is a strong foundation to sensitize Indonesian society as a religious society that is very obedient to its religious teachings to comply with the protection of Intellectual Property Rights.
Urban Agrarian Reform as a Legal Effort by Communities to Defend Their Land Tenure Rights Irene Mariane
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.v21i2.4644

Abstract

Urban agrarian reform is a significant issue in Indonesia, often overshadowed by rural land disputes. Rapid urbanization in major cities such as Jakarta, Surabaya, and Bandung has led to complex land conflicts, particularly affecting people living in informal settlements with unclear land ownership status. This study aims to explore the legal measures available to urban communities to defend their land rights amidst forced evictions and inadequate relocation solutions. Using a literature review approach, data was collected from academic journals, books, policy reports, and official government documents. The analysis identified key themes such as unclear land ownership status, inadequate compensation, and relocation, as well as the legal barriers faced by affected communities. The findings highlight the need for transparent mediation processes, fair compensation, and effective land titling programs to ensure social justice and sustainable urban development. By strengthening civil society organizations and fostering collaboration between government, communities, and NGOs, the study proposes strategies to improve the effectiveness of urban agrarian reform in Indonesia
Comparison of Outsourced Workers' Protection Under the Manpower Law and the Job Creation Law Suyatno Suyatno
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.v21i2.4645

Abstract

Employment is regulated by Law Number 13 of 2003 concerning Manpower (Manpower Law). The relationship between workers and employers is formalized through agreements, which are then divided into fixed-term employment agreements (PKWT) and indefinite-term employment agreements (PKWTT). Additionally, there is outsourcing, which involves the recruitment of employees through manpower supply companies. The approach used in this research method is normative juridical research, where the analysis is based on an approach to legal regulations as the main elements of the study. The reduction of business risks often leads to the practice of outsourcing, which frequently involves the transfer of tasks to outsourcing companies. However, in reality, outsourcing workers often suffer more disadvantages compared to the benefits received by the companies. Hence, the Job Creation Law was enacted as a form of legal protection for the increasingly prevalent outsourcing workers. However, one of the policies in the Job Creation Law includes the removal of provisions from the Manpower Law that previously allowed outsourcing workers to become permanent employees or to establish more stable employment relationships with the employing companies.
The Effectiveness Of The Guideline For Adjudicating Criminal Cases Based On Restorative Justice By The Supreme Court Of The Republic Of Indonesia Flora, Henny Saida
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.v23i2.4653

Abstract

This research aims to analyze aspects of legal effectiveness related to the formulation of Perma RJ 2024. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the essence of Perma RJ 2024 is related to the idea of RJ which actually includes efforts to emphasize the role, participation and activeness of judges so that the RJ approach can run optimally. Perma RJ 2024 actually fulfills the three aspects of effective legal rules as stated by Anthony Allott, namely preventive nature, which is relevant to the substance of Perma RJ 2024 to educate perpetrators so that they do not repeat their actions. In the aspect of legal rules regulating clearly and firmly so that they are oriented towards resolving disputes (curatively) effectively and without being complicated, it is also relevant to Perma RJ 2024 which has emphasized the role and activeness of judges in carrying out RJ. In the aspect of legal rules, it is able to provide facilities for legal subjects to carry out legal actions (facilitative) through the formulation of norms and legal substance that are relevant and applicable in society. This is also relevant to Perma RJ 2024 which provides for the involvement of various parties in RJ, such as the perpetrator's parents. /victims, religious leaders, and community leaders to work together to solve problems
CRIMINAL RESPONSIBILITY IN GOVERNMENT PROCUREMENT OF GOODS AND SERVICES IN OFFICIAL AND PERSONAL CONTEXTS Guntur Rambey; Surya Perdana; 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.v22i1.4655

Abstract

Procurement of goods and services is a very urgent need in a developing country, the need for goods and services certainly requires quite large funds to obtain them. Service Users (in this case the Government) certainly expect good quality goods and services with the smallest amount of capital, while Service Providers (in this case the Contractor) will expect large profits, these two interests will attract each other. other. Procurement of goods and services is increasingly chaotic due to the lack of legal regulations in the form of laws, while the legal regulations used so far are only at the level of Presidential Decrees (Kepres) and Presidential Regulations. When talking about Procurement of Goods and Services, it includes several legal provisions, namely Civil law, if it concerns contracts, of course the legal consequence is a Civil lawsuit, if it concerns administrative decisions then it will be resolved through the Administrative Court, then if there is an allegation of a criminal act of misappropriation of State finances it will be resolved through criminal law, however, the specific legal rules for criminal liability for perpetrators of procurement of goods and services still use the provisions of general criminal law and the Corruption Crime Law. The method used in this research uses normative research. Normative legal research methods are research that positions law as a building system of norms.
LEGAL STUDY ON ETHICAL ISSUES IN THE USE OF ARTIFICIAL INTELLIGENCE FOR LEGAL DECISIONS: CRITICAL LITERATURE REVIEW Hanafi, Imam; Syah, Kaharuddin; Judijanto, Loso; Rachmawati Maruf, Irma; Subihat, Ihat
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.v23i2.4659

Abstract

This comprehensive research embarks on meticulously exploring the intricate ethical nuances at the convergence of artificial intelligence (AI) and legal decision-making. Through an exhaustive literature review, the study meticulously navigates the complexities woven into algorithmic bias, the multifaceted dimensions of data privacy concerns, the profound implications on human agency, imperatives surrounding transparency, the socio-economic impacts stemming from the integration of AI, and the global perspectives that cast a profound influence on this intricate landscape. The synthesis of these insights reveals a dynamic interplay between the rapid evolution of technological capabilities and the intricate ethical considerations that underpin responsible AI integration into legal frameworks. The study underscores the need for ongoing interdisciplinary discourse, urging scholars, practitioners, and policymakers to engage in a continuous dialogue to ensure that ethical frameworks evolve in tandem with the relentless progression of AI technology. The conclusion advocates for a flexible and adaptive ethical framework poised to navigate the evolving ethical horizon, thereby ensuring AI's judicious and equitable integration into legal decision-making.
STRATEGY DEVELOPMENT RESOURCE MAN DIGITAL BASED IN IMPROVING EMPLOYEE PERFORMANCE IN THE GREAT HALL TESTING TELECOMMUNICATION DEVICES, MINISTRY COMMUNICATION AND INFORMATICS Ningsih, Sari; Hakim, Azis
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.v23i2.4661

Abstract

Problem principal in study This is a development strategy source Power man Deep Digital Based increase performance employee at the Testing Center Telecommunications Equipment , Ministry of Communication and Information Republic of Indonesia not yet walk in a way effective and efficient . Problem main in study This is what is the development strategy source Power man Deep Digital Based improve it performance employee at the Testing Center Ministry of Communication and Information Technology Telecommunication Equipment Republic of Indonesia not yet walk in a way effective and efficient. Research methods used researcher is studies case use approach qualitative. Research result find effective development strategies digital- based sources Power man in increase performance employee at the Testing Center Telecommunications Equipment, Ministry of Communication and Information Republic of Indonesia, namely with give attention factor productivity work, efficiency, damage, accidents, service, morale work, career, conceptual, leadership, factors remuneration and consumers supported by the findings study that is factor creativity and factors innovative so that performance employee at the Central Telecommunication Equipment Testing Center, Ministry of Communication and Information Republic of Indonesia can walk in a way effective and efficient. 
JURIDICAL ANALYSIS OF BORDER AREA LAND REGISTRATION AND CONSOLIDATION FROM AN ECOSYSTEM PERSPECTIVE THE ERA OF FIVE POINT ZERO DESTRUCTION Ginting, Lilawati; Eddy, Triono
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.v23i2.4665

Abstract

Land Registration and Consolidation is a policy in the agrarian and land sector which in a constitutionalist approach is an obligation of the Government in all dimensions of Government management and administration, public services, and all aspects and dimensions of the National life system. Therefore, the author is determined to present the central theme in this journal, namely with the title "Judicial Analysis of Border Area Land Registration and Consolidation in the Ecosystem Perspective of the Five Point Zero Disruption Era".  This type of journal writing focuses on the type of normative legal writing. The data used to analyze the problem in question relies on secondary data. The approach methodology is carried out using legal research, through library research, prioritizing qualitative analysis. The theory used to analyze the problem formulation framework in question is by applying Volkgeist theory as a grand theory, namely, the theory of the national soul based on the theory of Friedrich Carl Von Savigny. As a middle theory, it uses the legal theory of Talcott Parsons, famous for his structural functionalism theory, while the applied theory uses the theory of the law of happiness (utilitarianism) by Jeremy Bentham (applied theory). Referring to the analytical content in this journal, the results are specifically related to land registration and consolidation in border areas in the ecosystem perspective of the five-point zero disruption era, according to the mandate of constitutionalism which must be implemented by the Government in a sustainable manner (sustainability). The main aim is to strengthen the understanding of the sovereignty of the State and nation, understand the sovereignty of the people, understand Indonesia as a rule-of-law state, and at the same time strengthen the understanding of the national economy and social welfare.

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