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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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
Criminal Law Reform Policy in Efforts to Overcome Corruption Crimes Committed by Regional Officials Marthinus - Mambaya
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.v21i2.4997

Abstract

The aim of the normative research currently being carried out is to find out how the implementation of efforts to overcome criminal acts of corruption committed by regional officials. Corruption is a threat to the principles of democracy which uphold transparency, accountability and integrity, as well as the security and stability of the Indonesian nation.  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 research results show that legal efforts to eradicate criminal acts of corruption committed by regional officials can be carried out in two strategies, namely preventive and repressive efforts. And community participation must fully support all Government policies, especially in law enforcement efforts in the context of overcoming criminal acts of corruption committed by regional officials.
Legal Protection and Rights of Indigenous Peoples: Legal Certainty in Managing Natural Resources Yuniar Rahmatiar
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.v22i3.4999

Abstract

Indigenous peoples possess traditional rights to natural resources within their territories, yet these rights are frequently overlooked or marginalized due to inadequate policies and regulations. This research aims to examine the legal protection of the Baduy tribe's rights in managing natural resources and to explore how legal certainty can be achieved in this regard. Utilizing a normative juridical approach, the study analyzes relevant laws and regulations pertaining to indigenous rights and state-provided legal protection. The findings reveal that the recognition and protection of customary law communities in Indonesia highlight the state's commitment to supporting social entities with autonomy over their lives. Despite the pressures of modern integration, indigenous peoples continue to uphold their identity, traditions, and customary rights. Legal acknowledgment of these rights is enshrined in the 1945 Constitution and various laws, including Law No. 5 of 1960 on Agrarian Affairs, Law No. 4 of 2009 on Mining, Law No. 41 of 1999 on Forestry, and Law No. 7 of 2004 on Water Resources. However, effective implementation is often hindered by regulations that do not adequately address customary rights. While Constitutional Court Decision No. 35 of 2012, which recognizes customary forests as belonging to indigenous communities, represents significant progress, challenges persist. The need for revisions to create more inclusive laws or regulations is pressing. For the Baduy tribe, Lebak Regency Regional Regulation (Perda) Number 32 of 2001 on the Protection of Ulayat Rights is a critical development. This regulation offers legal certainty and safeguards their traditional rights, including customary land and natural resources, and tackles issues like illegal logging and forest encroachment. By acknowledging local wisdom and customs, this regulation aims to preserve Baduy culture and enhance security and social stability in their area.
The Role of International law in Addressing Climate Change: Legal Perspective and Policy Solution Taqiyuddin kadir; T Saiful Basri; Ratih Dheviena Puru Hitaningtyas
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.v22i2.5002

Abstract

Climate change is one of the most significant challenges facing the world today. International law has a crucial role to play in addressing these issues through legal and policy frameworks. This study aims to analyze the role of international law in addressing climate change from a legal perspective and find effective policy solutions. The method used is a literature review with analysis of international legal documents and related policies, as well as case studies of policy implementation in several countries. The results show that although there have been some advances in international legislation and policy, there are still many challenges in its implementation that require innovative and collaborative solutions. The study also identified several policy solutions that could be improved through closer international cooperation, including harmonization of emission standards and more effective funding mechanisms. The recommendations of this study are expected to contribute to policymakers, legal practitioners, and other relevant parties in increasing the effectiveness of international law as a tool to address climate change. 
The Uniqueness of Mediation as an Alternative Dispute Resolution Method Outside the Court in Resolving Various Customary Disputes in Simalungun Regency Abdul Rahman Maulana Siregar
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.v22i3.5004

Abstract

Mediation as an alternative dispute resolution outside the court has its own uniqueness in resolving various customary disputes. Generally, when a dispute arises between parties, the community tends to be more familiar with resolving disputes through customary means, or what they refer to as mediation. Mediation is a term commonly used by the community when disputes occur. Thus, mediation as an alternative dispute resolution holds a unique position among the people, particularly in Simalungun Regency, in resolving various customary disputes without the involvement of the courts. This article will further discuss the uniqueness of mediation in resolving customary disputes, the advantages and disadvantages of applying mediation as an alternative dispute resolution outside the court in Simalungun Regency. The importance of establishing mediation as an effective method for alternative dispute resolution outside the court for various customary disputes lies in its easy procedures, active involvement of the disputing parties, and respect for customary values and norms in maintaining social harmony and prioritizing win-win solutions. Moreover, mediation not only provides a practical and efficient solution but also helps to strengthen social relationships and preserve local cultural continuity. Therefore, mediation is considered a suitable and beneficial means for resolving customary disputes, offering a more familial approach compared to court resolution processes.
Integrity Behind Toga: Strengthening The Welfade And Dignity of Judges For A Fair and Dignified Judiciary Suwardi, Suwardi; Dwiono, Sugeng; Haryadi, Slamet
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.v23i3.5006

Abstract

The enhancement of judicial welfare represents a pivotal aspect in the attainment of a just and respectable legal system. A financially secure judiciary will be better positioned to fulfill its obligations in an impartial and ethical manner, eschewing the allure of corruption. The objective of this research is to examine the necessity of enhancing the welfare of judges in the context of a fair and dignified judiciary. The research method employed is a normative research method with a statute approach, which was analyzed using content analysis. The findings of this study indicate the necessity for action to improve the welfare of judges, including the implementation of salary and allowance increases, the provision of adequate facilities and infrastructure, and the establishment of legal protection for judges in the performance of their duties. Furthermore, it is imperative to consider the necessity of rigorous oversight of judges' ethical conduct and the provision of incentives for exemplary performance. The improvement of judges' welfare is expected to facilitate the creation of a conducive working environment for fair and dignified law enforcement. This will reinforce public trust in the judicial system, guarantee the protection of people's rights, and maintain the integrity and dignity of the judiciary in carrying out its function as the upholder of justice. This research will address the urgency of improving judges' welfare in order to realize a fair and dignified judiciary. 
The Role Of The Legal System And Law Enforcement In Handling Crimes Of Corruption: A Comparative Analysis Of Indonesia, Malaysia, And Thailand Gaol, Michael Yudhistira Lumban; Majid, Abdul; Afandi, Fachrizal
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.v23i1.5012

Abstract

The  criminal  act  of  corruption  that  is  rampant  in  the  country  is  not  only  detrimental  to  state  finances  but  is  a  violaton  of  the  social  and  economic  rights  of  society  at  large,  corruption  is  no  longer  a  national  problem,  but  has  become  a  transnational  phenomenon  so  that  internatonal  cooperaton  is  essential  in  preventing  and  eradicating  it.  , in  fact,  for  what  has  been  caused  by  the  crimnal  act  of  corrupton,  extraordinary  efforts  are  needed  in  terms  of  prevention  and  eradication  of  crimnal  acts  of  corruption.  One  of  the  efforts  to  prevent  Indonesia  from  falling  due  to  corruption  is  to  confiscate  and  return  assets  resulting  from  corrupton  crimes  based  on  the  laws  and  regulations  in  force in  the  Indonesan  legal  system.  in  Indonesia,  there  is  no  uinfied  institution  that  has  the  right  to  deal  with  corruption.  The  eradication  of  corruption  in  Indonesia  is  carred  out  by  3  state  institutions,  namely  the  Attorney  General's  Office,  the  Police,  and  the  Corrupton  Eradication  Commission  (KPK).  The  eradication  of  corruption in  one  country  will  not  run  optimally  if  it  is  not  supported  by  the  government's  political  will  to  eradicate  corruption,  the  unity  of  state  institutions  that  eradicate  corrupton,  and  the  enforcement  of  existing  corrupton  eradication  regulations.
From Policy to Practice: Analyzing the Implementation of the Complete Systematic Land Registration in Palu City, Central Sulawesi Syariatudin Syariatudin; Daswati Daswati; Sitti Chaeriah Ahsan; Syahruddin Hattab; Mustainah Mustainah
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.v22i3.5015

Abstract

The study investigates the implementation of the Complete Systematic Land Registration (Indonesia: Pendaftaran Tanah Sistematis Lengkap/PTSL) policy in Palu City, Central Sulawesi Province. The research is qualitative, utilizing purposive sampling to select five key informants. Data collection was conducted through observations, in-depth interviews, and document analysis. Data analysis followed the Miles and Huberman approach, involving data editing, verification, and drawing conclusions. The findings, framed within Van Meter and Van Horn's theoretical model, reveal six key dimensions of policy implementation: (1) Standards and Targets, with positive community response, particularly in land certification; (2) Resources, with adequate human resources but suboptimal financial support; (3) Inter-organizational Communication and Activity Strengthening, marked by effective collaboration among related institutions; (4) Characteristics of Implementing Agents, with National Land Office (Indonesia: Badan Pertanahan Nasional (BPN) Palu City as the technical executing body; (5) Socio-Economic and Political Conditions, reflecting supportive social environments but financial constraints and regulatory challenges; and (6) Implementor Disposition, highlighting the positive reception of PTSL, which contributes to the empowerment of local communities and suggests potential for future expansion in other regions.
Agrarian Reform and Land Redistribution in Palu City: Addressing Post-Disaster Challenges Jusuf Ano; Daswati Daswati; Sitti Chaeriah Ahsan; Syahruddin Hattab; Mustainah Mustainah
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.v22i3.5016

Abstract

This study investigates the implementation of agrarian reform policy in Palu City, Central Sulawesi Province. Adopting a qualitative research design, the study involved purposive sampling of five key informants. Data were collected through a combination of observation, in-depth interviews, and documentation, and analyzed descriptively. The findings, analyzed through the lens of Merilee S. Grindle's theory, identify two critical factors: the content of the policy and the context of its implementation. Regarding policy content: (1) The interests of both the implementers and the target groups—primarily the local community—were found to remain largely unaffected, socially and economically, as evidenced by the absence of opposition to the agrarian reform policy; (2) The benefits associated with the policy, particularly in enhancing community welfare through the establishment of agrarian reform villages, were perceived as significant; (3) The anticipated changes, such as the acquisition of new knowledge and skills by the community, were achieved; (4) The role of policymakers has been effectively institutionalized, as demonstrated by the Mayor’s Decree on the Agrarian Reform Task Force (GTRA), which has successfully engaged relevant stakeholders; (5) Despite encountering some challenges, the implementation of the agrarian reform policy has progressed effectively; (6) The resources allocated, particularly those from the Palu City Land Office, have been utilized optimally. In terms of the implementation context: (1) The power dynamics, interests, and strategies of the involved actors have been pivotal in driving the successful realization of the policy’s objectives; (2) The characteristics of the institutions and authorities involved have provided robust support for the policy’s implementation in Palu City; (3) Compliance and responsiveness within the implementation framework have been optimized, reflecting a strong commitment and support from the Palu City Government. The study concludes that the implementation of agrarian reform policy in Palu City has been effective and well-coordinated.
THE EVOLUTION OF CYBER LAW AND ENTERPRISE INFORMATION SECURITY MANAGEMENT Sibarani, Sinintha Yuliansih
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.v23i3.5018

Abstract

As information technology develops, regulations and policies related to information security also undergo significant changes to adapt to new threats. This research uses the literature study method. The results show the importance of companies integrating information security policies with applicable laws. Companies need to implement various safeguards including multifactor authentication, encryption, and periodic security audits to mitigate risks and protect information assets. The implementation of these measures not only helps ward off cyber threats but also maintains the company's reputation in the eyes of customers and stakeholders. Secondly, security education and training for employees is a vital component in protecting company information. Employees who are trained on cyber threats and the company's security policies are able to be at the forefront. Continuous training and cyberattack simulations can establish a security culture where all employees play an active role in protecting company information. Third, the importance of collaboration with external parties such as law enforcement, security service providers, and the cybersecurity community. Sharing information on threats and best practices helps companies stay alert to new threats and develop more effective mitigation strategies.
VILLAGES AS SUBDISTRICT APPARATUS IN THE ERA OF REGIONAL AUTONOMY Ida Surya
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.v22i3.5020

Abstract

The Kelurahan (urban village) government in the era of Regional Autonomy has undergone many changes in line with the shift in governance paradigms as mandated by Law No. 23 of 2014 on Regional Government and Government Regulation No. 73 of 2005 on Kelurahan. The purpose of structuring Kelurahan and implementing governance in the Regional Autonomy era is to improve the coordination of governance, public services, development implementation, and the empowerment of village/kelurahan communities. The method used is empirical research with a legislative review approach, as well as conceptual and sociological approaches. The data analysis method employed is the interpretation of legislation and authentic interpretation. The expected outcome is that the Kelurahan government is required to be transparent with the community regarding both development programs and the budget received, thus fostering high levels of trust in the Kelurahan government from the public, thereby realizing the vision and mission of the Kelurahan. All public services and civil services, which were previously conventional, are now required to be technology-based. The Lurah, as the head of the government at the Kelurahan level, along with other government units including the Technical Implementation Unit, should cooperate and coordinate in all sectors by empowering the community, thereby creating a just, prosperous, and prosperous society.

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