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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 Contractual Agreement Used in Evaluation Study: International Class Program D matra, sarlita; Ulya, Inayatul; Meliza, Meliza; Nuna, Bhanu Prakash
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.v23i2.4901

Abstract

This article examines the practical implementation of a contractual agreement within the context of an evaluation study focusing on the International Class Program (ICP). The ICP aims to enhance global learning experiences for students through structured international partnerships. The study explores the effectiveness and challenges of the contractual framework in facilitating program evaluation. Drawing on qualitative and quantitative data from stakeholders involved in the ICP, including administrators, faculty, and students, the analysis highlights key outcomes and areas for improvement. This study explores the significance of contractual agreement in international class program evaluation, emphasizing their role in establishing clear terms and conditions, mitigating risks, and executing research ethics. The study investigates the process of establishing contractual agreement and highlights the importance of understanding their terms. It discusses key aspects such as international class theories, characteristics of contractual agreement in evaluation research, the role of evaluators, and an export evaluation study. The study underscores the vital role of contractual agreement in facilitating research ethics and promoting smooth evaluation process. Findings suggest that while the contractual agreement provides a structured approach to evaluation, its application requires continuous refinement to align with evolving program goals and participant expectations. Recommendations are provided for enhancing the contractual framework to better support comprehensive program assessment and foster sustainable international collaborations in education.
Government Communication Strategy In Preventing And Reducing The Prevalence Of Stunting In Labuhanbatu Utara District Samsul Tanjung; Hasan Sazali; Tri Niswati Utami
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.v22i3.4904

Abstract

This study aims to analyze and explain the government's communication strategy in the prevention and decline in the prevalence of stunting in North Labuhanbatu Regency. This research is a descriptive qualitative study used to observe the natural conditions of the prevalence of stunting in North Labuhanbatu. This research informant is determined through purposive techniques. This study collects data through semi-structured interviews, non-participant observations, and documentation. This research data refers to primary and secondary concepts, primary data sourced from interviews and observations, while secondary data sourced from relevant journal articles and books. This research data was analyzed through the Miles & Huberman scheme which included reduction, presentation, and data conclusions. The validity of this research data is tested through the degree of trust (credibility), transfer (transferability), dependability, and confirmability. The results of this study indicate that the North Labuhanbatu government implemented a holistic and value-based communication strategy in stunting prevention efforts, by adopting the principles of Islamic communication such as Qaulan Sadidan, Qaulan Layyina, and Qaula Baligha to increase public awareness and participation. This strategy involves synergy between various parties, including local governments, health institutions, non-governmental organizations, and the private sector, with a focus on balanced nutrition education, health education, and successful narratives. Facing challenges such as lack of community understanding, coordination between weak agencies, low literacy, and the lack of participation of community leaders, this strategy emphasizes the importance of integration of stunting prevention programs with other development initiatives, optimization of communication methods, and community involvement in formulating solutions. This comprehensive and integrated approach aims to create a continuous positive impact in reducing the prevalence of stunting and building a healthier future for the people of North Labuhanbatu. 
Punishment Under Special Minimum Criminal Threat In the Crime of Child Abuse (Study of Decision Number 1041 K/Pid.Sus/2020) Rosman Ahmad; Hariman Satria; Faisal Abdaud; Mafardin Mafardin
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.v22i3.4909

Abstract

The imposition of a penalty below the special minimum in the crime of molestation of children is a very important issue in criminal law. This crime aims to provide more effective protection to victims of immorality involving children. In some cases of child abuse, the judge handed down a verdict below the special minimum. The offense that is the focus of this study is how the judge considers sentencing under the special minimum criminal threat based on Decision Number 1041 K/Pid.Sus/2020 in the case of criminal acts of child abuse? The research method used is a type of normative legal research using 2 (two) legal approaches, namely the legislative approach and the case approach. The results of the study concluded that  the Supreme Court in decision Number 1041/Pid.sus/2020 has strengthened the judex facti decision that imposes a penalty below the special minimum limit to the defendant so that the decision contradicts the provisions of Article 82 paragraph (1) of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection is the minimum limit of 5 (five) years and a maximum of 15 (fifteen) years.
SOCIAL, ECONOMIC, LEGAL, AND CULTURAL IMPACTS OF LAND ACQUISITION FOR THE CONSTRUCTION OF THE NGAWI- KARTASURA TOLL ROAD SEGMENT Setiowati, Setiowati; Sudirman, Senthot; Khasanah, Dian Dewi
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.v23i1.4924

Abstract

The construction of the Ngawi - Kartasura Toll Road Segment, part of the 90.1-kilometer Solo - Ngawi Toll Road project, aims to improve connectivity and economic growth in Java, but also brings complex impacts in the land acquisition process. This process raises various social, economic, legal, and cultural challenges that require a holistic and participatory approach, including impact mitigation strategies, transparency, and integration with comprehensive regional development planning. This research aims to analyze the social, economic, legal, and cultural impacts of the land acquisition process for the construction of the Ngawi - Kartasura Toll Road Segment on affected communities, as well as evaluate the effectiveness of land acquisition policies and implementation in mitigating negative impacts and maximizing development benefits for local communities. This research uses normative legal research methods with statutory and conceptual approaches, focusing on the analysis of primary, secondary, and tertiary legal materials through literature study. The data analysis technique uses qualitative analysis methods with deductive reasoning. The results show that the land acquisition process for the construction of the Ngawi - Kartasura Toll Road Segment has multidimensional impacts on affected communities, including social, economic, legal, and cultural aspects. Although there are comprehensive legal foundations and mechanisms for impact mitigation and benefit optimization, the effectiveness of their implementation still varies in the field. Efforts to mitigate negative impacts and maximize benefits have been made, but still face challenges such as inconsistencies in land data, land speculation, and community resistance. To improve effectiveness, a more holistic and participatory approach is needed, including strengthening community participation, improving data accuracy, strengthening local government capacity, and better integration with regional development planning.
The Existence of Pretrial Institutions In The Enforcement Of Criminal Law Ko Triskie Narendra; Didik Endro Purwoleksono; Taufik Rachman
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.v22i3.4927

Abstract

Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law
The Implementation of Law Enforcement on Environmental Crime Perpetrated by Corporations in Relation to River Pollution Silaban, Rudolf
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.v22i3.4957

Abstract

There is an increasing trend to criminalize companies committing environmental crimes through criminal policies. Law No. 32 of 2009 on Environmental Protection and Management considers companies as legal entities with criminal liability. However, in practice, there are many obstacles in enforcing the law against businesses that commit criminal acts. For example, no company has been sanctioned for pollution cases in river basin areas (DAS). This research focuses on examining issues related to the application of environmental criminal liability by companies under Indonesian law and the efforts to tackle environmental crimes committed by companies. The research method used in this study is normative jurisprudence. According to the implementation of the law, companies that commit crimes of polluting river basins can be held criminally liable, including sanctions, fines for the company, and the directors or managers of the company being subject to corporate criminal penalties. To effectively address environmental crimes committed by companies around the river basins, two approaches can be used: first, criminal action (punishment) and second, collective action, which is a combination of non-criminal and criminal practices.
Criminological Juridical Review of Traffic Accidents Resulting in Child Deaths Due to Negligence Reviewed from the Perspective of the Juvenile Justice System Dian - Rahadian; Farida - Kaplele
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.v21i2.4958

Abstract

The aim of the normative research currently being carried out is to find out how criminologically the occurrence of traffic accidents carried out by children occurs due to negligence or carelessness in driving motorized vehicles. This implementation is regulated in Law Number 22 of 2019 concerning Road Traffic and Transportation as well as the Juvenile Criminal Justice System Law.  The research method used is descriptive analysis which leads to normative juridical legal research, namely research carried out by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that in the Juvenile Justice System and related to Criminological Science, it is clear that the Juvenile Criminal Justice System Law regulates basic and additional criminal penalties. In relation to the issue of responsibility for a child who is still a minor, this concerns matters of age where he can be held accountable but which are outside the Criminal Code.
Reconstruction Of Provincial Authority In The Field Of Marine Affairs And Fisheries To Regency/City Governments In Realizing The Welfare Of Small-Scale Fishermen In Indonesia Ahmad Duroni Nasution; Ramlan Ramlan; Ida Nadirah
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.v22i2.4968

Abstract

Horizontal conflicts occurred after the UUPD came into effect because there were regulations regarding changes in marine zoning for small fishing communities. Meanwhile, the authority of the district/city government over coastal areas and small islands has been regulated in the UUPWP3K that the authority of the regional government to manage coastal and small island resources. This study aims to analyze the provisions of laws and regulations on regional government and coastal area management as regulated in the regulations on coastal areas and small islands, and how to reconstruct the authority of the provincial government to the district/city government as before. The research method used is normative legal research. Normative legal research is research that is carried out or directed at legislation, namely the relationship between one regulation and another and its relation to implementation in practice. The results of the study show that since the UUPD came into effect, the authority to manage the marine and fisheries sector as well as coastal areas and small islands by the district/city government has been reduced. The zoning area of 0-4 miles which was originally managed by the district/city government is now managed by the provincial government, thus making the provincial authority zoning 0-12 miles
Reformulation of Fintech Peer to Peer Landing Regulations: Critical Review of Predatory Pricing in the Implementation of Interest Rates Handayani, Otih; Muryanto, Yudho Taruno; Masri, Esther
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.v23i2.4969

Abstract

Fintech Peer to Peer Lending (P2P Lending) have interest rates that tend to be higher and installment terms that are more concise than conventional loans. The Business Competition Supervisory Commission (KPPU) suspects that there is a cartel of agreements to determine interest rates by the Indonesian Joint Funding Fintech Association (AFPI) until finallyFinancial Services Authority (OJK) issued Financial Services Authority Circular (SEOJK) No. 19/SEOJK.06/2023 number VI which governregarding the maximum interest rate limit. This research aims to analyze the settingP2P Lending justice-based with a critical review of predatory pricing in the application of interest ratesP2P Lending. This research is doctrinal/normative legal research with a statutory approach. Literature study, analyzed qualitatively. The research results describe that SEOJK No. 19/SEOJK.06/2023 is actually a monopolistic practice by the government which unilaterally protects the Loan Recipient, this is contrary to economic democracy which requires equal opportunities for Lenders and Platforms to participate in encouraging economic growth and the functioning of a fair market economy due to the potential for predatory pricing which can cause Platforms to be unable to develop and even tend to experience business failure.
THE IMPACT OF UNDERAGE MARRIAGE ON HOUSEHOLD HARMONY IN BADUY SOCIETY FROM THE PERSPECTIVE OF CUSTOMARY LAW AND MARRIAGE LAW Suhadi, Aris; Efriyanto, Efriyanto; Muslih, Muhamad
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.v23i3.4974

Abstract

Underage marriage still occurs frequently in Baduy society. As we know, the government has made regulations on the age limit for marriage as a response to several events that have occurred in several households in Indonesia. Several divorces occur because the husband or wife is too young so that in their marriage they are prone to quarrels, so regulations on the age limit for marriage for men and women are made.The researcher formulated the problem of this research, namely whether underage marriage that occurs in Baduy has an impact on marital harmony and household peace in Baduy and how effective is the marriage law regarding the minimum age limit for marriage for the Baduy community.According to the researcher, the purpose of the study is to find out the customary law regulations or considerations in Baduy regarding the age limit for Baduy men and women who will marry.The researcher believes that the long-term goal of this study is to ensure that all parties, both academics and the local government, provide direction, education, and socialization regarding the age limit for marriage in the Baduy community and its surroundings in order to create family harmony in the Baduy community. This is done as long as it does not conflict with Baduy customary law.The specific target of the study is to socialize regulations regarding the age limit for marriage to the wider community so that it is hoped that a sakinah mawadah wa rahmah household will be realized and free from quarrels between husband and wife in Indonesian families in general, and in particular for the Baduy community.Then the researcher uses a method to achieve these goals, namely the normative sociological and normative juridical legal research method, which is descriptive analytical using primary and secondary data sources which are analyzed by the researcher qualitatively. Descriptive in the form of a description of the current conditions of the average age of marriage in marriage in Baduy. Literature study, observation, and Baduy study were conducted to obtain the data needed by the researcher. Interviews with the local government will also be conducted to determine the divorce rate of the Baduy community and the community around Baduy, so that the best efforts can be made to socialize regulations regarding the age limit for marriage.

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