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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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Is Sharia Pawnshop being important for Indonesian society: Quadruple Helix Analysis Aris Machmud; Yusup Hidayat; Rakhsan Ghifari
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.v22i2.5031

Abstract

The development of sharia pawning is very rapid, viewed from the large number of branch offices opening due to the increasing transactions throughout Indonesia. The problem is the existence of Sharia pawning as driven by the socio-cultural conditions of society. The form of research used is normative juridical with a descriptive-analytical approach. The legal sources used are obtained from primary and secondary sources and use interdisciplinary studies in analyzing problems in Sharia pawning. This research aims to understand the existence of sharia pawning in Indonesia. In this research, the existence and position of Sharia pawn in improving lower middle-class society and MSMEs. The conclusions of this research show that the existence and position of Sharia pawning have shifted conventional pawning due to the increase in public trust in non-interest pawning and excellent service from these non-bank financial institutions in the eyes of the public, tiny and medium businesses. The use of four pillars - academics, business, government, and society - can further maximize the potential and increase the performance of this Sharia pawn in Indonesia.
SOCIAL AND ENVIRONMENTAL RESPONSIBILITY OF INVESTORS RELATED TO INVESTMENT EFFORTS: IMPLICATIONS AND RECONSTRUCTION Chandra, Ade; Kurniawan, i Gede Agus
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.v23i1.5034

Abstract

Investors' social and environmental responsibility in Indonesia is an important legal and moral obligation, but still faces challenges in its implementation and requires reconstruction and synergy among various stakeholders to achieve sustainable economic development. This research aims to analyze the forms of investors' social and environmental responsibility in investment activities and to formulate the reconstruction of this responsibility in the context of investment in Indonesia. This research uses a normative legal method with statutory and conceptual approaches, analyzing primary and secondary legal materials through literature studies, and conducting qualitative analysis. The results show that the forms of investors' social and environmental responsibility in investment activities encompass economic, social, and environmental aspects, manifested through various programs such as job creation, community empowerment, and environmental conservation efforts. The reconstruction of this responsibility involves strengthening legal sanctions, developing incentive systems, improving monitoring mechanisms, integrating environmental and human rights principles into the CSR legal framework, and enhancing the role of local governments and community participation. The goal of this reconstruction is to ensure that social and environmental responsibility becomes an integral part of corporate business strategy, so that investments can provide sustainable benefits for society and the environment.
RECONSTRUCTION OF CRIMINAL SANCTIONS FOR PERPETRATORS OF BUSINESS CRIMES Doni Hendra Lubis; Ida Hanifah; Adi Mansar
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.v22i3.5037

Abstract

The development of criminal liability in Law Number 1 of 2023 concerning the Criminal Code differentiates in detail the form of liability for individual legal subjects with legal entities. The regulation specifically for criminal liability for legal subjects in the form of legal entities (corporations) is contained in paragraph 3 of Article 45 to Article 50 of Law Number 1 of 2023 concerning the Criminal Code. As the principle of the case before the law, the new Criminal Code in terms of law enforcement against legal subjects in the form of corporations also adheres to the reasons for the elimination of criminal penalties (justification and excuse) as contained in Article 50 which states that in essence justification and excuse apply in the corporate criminal liability system as long as the reasons are directly related to the criminal act being prosecuted
The Implementation of the Family Hope Program in Banggai Regency Ade Putra Ode Amane; Syahruddin Hattab; Irwan Waris
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.v22i3.5040

Abstract

The Family Hope Program (Indonesia: Program Keluarga Harapan / PKH) in Banggai Regency, a conditional cash transfer initiative aimed at improving the living standards of poor and vulnerable families in Indonesia, faces both successes and persistent challenges. This study aims to analyze the effectiveness of PKH's implementation, focusing on beneficiary identification, aid disbursement, and coordination among stakeholders. Employing a qualitative research approach, the study collected data through in-depth interviews, participant observation, and document analysis, following the Miles and Huberman (1994) model of data reduction, display, and conclusion verification. The findings reveal that while PKH has significantly enhanced access to education and healthcare, particularly increasing school attendance and reducing dropout rates, it faces ongoing issues such as data inaccuracies and coordination difficulties. These challenges, particularly in reaching marginalized communities in remote areas, underscore the need for improved data management and more tailored community engagement strategies. The study concludes that addressing these challenges is crucial for the program to fully realize its potential in alleviating poverty and promoting social welfare in Banggai Regency.
Visibility of the Death Penalty in Indonesia: From Levy to Restoration Adianto Adianto; Hariman Satria; Alasman Mpesau
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.v22i3.5049

Abstract

In Indonesia, the death penalty is regulated in Article 10 letter a number 1 of the old Criminal Code and is placed as the main crime. The death penalty is a classic criminal law product which emphasizes that punishment must contain retribution or appropriate reward. Meanwhile, after the new Criminal Code was passed, the death penalty was made more flexible. There is a kind of paradigm shift in punishment from the old Criminal Code which was retaliatory in nature to the new Criminal Code which is restorative and rehabilitative in nature. The death penalty is made a special punishment and is threatened alternatively with other types of punishment, for example imprisonment for 20 years or life imprisonment. The death penalty can also be carried out through a probationary period.
Rethinking the Application of the Difference Principle in Arrangements for the Distribution of Job Loss Benefits Ratih Dheviana Puru Hitaningtyas; M. Hadi Subhan; Lanny Ramli; Nurwahjuni Nurwahjuni
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.v22i2.5053

Abstract

The philosophy of organizing labor social security aims to protect workers from socio-economic risks resulting from involuntary loss of income. This includes providing protection during and after the employment relationship. Job Loss Insurance (JKP) under the National Social Security System (SJSN) is designed to offer protection to workers experiencing Termination of Employment (PHK), but workers who resign voluntarily are not entitled to benefits under Article 19 in conjunction with Article 20 of Permenaker No. 37/2021. This paper proposes reinterpreting the concept of termination and applying the Difference Principle to extend JKP benefits to workers who resign involuntarily (Constructive Dismissal) in line with the principles of organizing social security.
Political Corruption as a Real Threat to the Sustainability of Constitutional Democracy Agustina, Enny; Mallaranggeng, Andi Bau; Rais, Muslihin; Rasyid, Muh. Fadli Faisal; Khair, Otti Ilham; Rivera, Kevin M; Kartika, Arie
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.v23i3.5057

Abstract

This study aims to examine the impact of political corruption on citizens' capacity to participate in government, the efficacy of anti-corruption laws, and the role of the Corruption Eradication Commission in the fight against corruption and the strengthening of constitutional democracies in Indonesia.Examining applicable legal standards, legislation, rules, doctrine, and judicial decisions is part of the normative research strategy. This examination also included a literature review of relevant studies, articles, and government publications. The research found that corruption discourages citizens of Indonesia from becoming active in politics. The public has lost interest in politics and has become wary of the corrupt system as a result. When it comes to creating a transparent and honest political system, there are doubts about how successful anti-corruption laws and the Corruption Eradication Commission have been in eradicating political corruption. 
AGRARIAN REFORM POLICY IMPLEMENTATION (Study on the Role of the Indonesian National Land Office of Palu City) Ano, Jusuf; Daswati, Daswati; Ahsan, Sitti Chaeriah
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.v23i1.5064

Abstract

Agrarian reform is the best idea ever born in order to overcome land problems and natural resource management problems. The purpose of the study was to determine the role of the Indonesian National Land Office of Palu City in agrarian reform. Qualitative research method, withdrawal of informants through purposive sampling and data analysis techniques using the Miles & Huberman model, namely Data Collecting, Data reduction, Data Display, verifying / conclusion.The results showed that (a) Regulator. The active role of the Indonesian National Land Office of Palu City in the implementation of agrarian reform is measured through the role, (b) Facilitator. The Agrarian Reform Village Pilot Project is one of the joint programs of the Collaboration of Regional Apparatus Organizations that are members of the Palu City Agrarian Reform Task Force team, (c) Catalyst. This role is intended by conducting training and socialization to the community in whose area the agrarian reform policy is implemented, in this case the sub-district, (d) Innovator. Innovation in the implementation of agrarian reform largely seeks the welfare of the community with various potentials of the region and (e) Implementers. The implementers of the agrarian reform policy implementation in Palu City are those who are closely related to the execution or implementers of government policies, namely: Indonesian National Land Office of Palu City. The implementation of agrarian reform is carried out through the stages of Asset Reform and Access Reform
Legal Protection of Copyrighted Works Non-Fungible Token (NFT) in Digital Business Sri Mulyani; Saryana Saryana
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.v22i3.5067

Abstract

The purpose of this study is to find legal protection for Non-Fungible Token (NFT) copyrighted works in digital business. In today's digital business, the NFT (Non-Fungible Token) phenomenon is no longer foreign to millennials. NFT is a digital token used to represent ownership or rights to a digital work in the blockchain chain. In the context of copyright protection, NFT can be used to provide proof of ownership and authentication of unique digital works in digital business. NFT covers several aspects and broad applications, namely in the fields of art, music, games, virtual property, etc. This study is limited to NFT in the field of digital art. This shows that the field of digital art in the NFT application has become an idol for millennials to get economic value in addition to its legal protection. This research is a legal research normative with approach qualitative, concept, legislation. Method data collection through secondary data by taking previous research related to NFT protection. The analysis method is carried out qualitatively. The results of the study indicate that the legal protection of NFT copyrighted works in digital businesses has not been specifically regulated in Article 40 of Law Number 28 of 2014 concerning Copyright, so that further regulations are needed to protect copyrighted works applied in NFT to anticipate digital businesses that do not detrimental to the parties.
Managerial Instructional Communication Strategy On The Quality Of Graduates Of Administrator Leadership Training At The Human Resources Development Agency Of North Sumatra Province Muhammad Kahfi; Syukur Kholil; Nurussakinah Daulay
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.v22i3.5070

Abstract

This study aims to analyze the instructional communication strategies that training managers apply to the quality of graduate administrator leadership training at the North Sumatra Provincial Human Resources Development Agency. The qualitative research method was conducted by in-depth interviews with training managers, instructors, and trainees. The study results show that the training manager implements various instructional communication strategies, including using learning methods that are responsive to the participants' learning styles. The application of communication technology is also an integral part of this strategy, providing diversity in learning approaches. It was found that two-way interaction between managers and trainees significantly increased participants' understanding and engagement. This research contributes to a further understanding of the importance of instructional communication strategies in the context of administrator leadership training. It guides the development of training programs in similar institutions.Keywords:Instructional Communication; Quality of Graduates; Administrator Leadership Training

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