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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 1,613 Documents
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From Policy to Practice: Analyzing the Implementation of the Complete Systematic Land Registration in Palu City, Central Sulawesi Syariatudin, Syariatudin; Daswati, Daswati; Ahsan, Sitti Chaeriah; Hattab, Syahruddin; 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 Ano, Jusuf; Daswati, Daswati; Ahsan, Sitti Chaeriah; Hattab, Syahruddin; 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. 002 (2024): Pena Justisia (Special Issue)
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 Surya, Ida
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.
Is Sharia Pawnshop being important for Indonesian society: Quadruple Helix Analysis Machmud, Aris; Hidayat, Yusup; Ghifari, Rakhsan
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 Lubis, Doni Hendra; Hanifah, Ida; Mansar, Adi
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 Amane, Ade Putra Ode; Hattab, Syahruddin; Waris, Irwan
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; Satria, Hariman; Mpesau, Alasman
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 Hitaningtyas, Ratih Dheviana Puru; Subhan, M. Hadi; Ramli, Lanny; 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.

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