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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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Juridical Analysis of Non-Fulfillment of the Access Principle to the Legal Counsel in Theft Criminal Cases Arifin, Imam Malik; Arifai, Arifai; Rahim, Abdul Jabal
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.v23i1.5098

Abstract

The purpose of the study is to know juridical analysis of non-fulfillment of the access principle to the legal counsel in theft criminal cases. The type of this research is Normative Legal Research using a Legislative and a Conceptual Approaches. The Public Prosecutor's indictment cannot be accepted as it was made based on an invalid (legally flawed) Investigation Report (BAP) and was not in accordance with the right of due process of law. Legal aid and the defendant must be accompanied by a legal advisor as regulated in Article 56 of the Criminal Procedure Code so that this creates a gap for the legal advisor in filing an exception and the exception becomes the judge's consideration in making a decision that the public prosecutor's indictment is null and void (Null and Void), as for example in the Interim Decision of the Tapak Tuan District Court Number 106/ Pid.B /2019/ PN.Ttn, which is threatened with imprisonment for a maximum of 7 (seven) years in accordance with the provisions of Article 363 Paragraph (1) 4 of the Criminal Code in conjunction with Article 64 paragraph (1) Criminal Code. However, during the investigation process, he was not accompanied by a legal advisor, making the Investigation Report (BAP) being invalid as well as null and void
The Implementation of Legal Measures Against Sexual Exploitation and Harassment in Kediri City Handayani, Emi Puasa; Arifin, Zainal
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.v23i3.5099

Abstract

AbstractionChild sexual exploitation and abuse represent grave violations of human rights with long-lasting consequences for victims. In Kediri City, these issues remain prevalent, raising significant concerns within the community. This paper seeks to analyze the legal enforcement measures addressing sexual exploitation and abuse in Kediri City. It explores several key aspects, including data and statistics concerning cases of sexual exploitation and abuse within the city, the law enforcement efforts undertaken by agencies such as the Kediri City Police, the Kediri City District Attorney's Office, and the Kediri City District Court. The paper also examines the challenges encountered in law enforcement, such as insufficient evidence, societal stigma against victims, and interference from particular parties. Furthermore, it discusses prevention initiatives undertaken by various stakeholders, including local government, civil society organizations, and the community. This study aims to enhance public understanding of sexual exploitation and abuse while advocating for more effective and victim-centred law enforcement practices.
Communication Strategy of the National Police Organization in the Implementation of the "Madago Raya Police" Program in Handling Radicalism In Poso Regency Herawati, Andi Febri; Ilyas, Ilyas
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.v23i1.5100

Abstract

The handling of radicalism in Poso Regency is carried out in the form of the implementation of the "Madago Raya Police" program which aims to minimize the re-entry of radicalism to former theorist prisoners. This research uses a qualitative approach to understand the communication strategy of the National Police in the implementation of the "Madago Raya Police" program as an effort to handle radicalism in Poso Regency. The data in this study were collected through in-depth interviews, field notes, namely observations, and document analysis. The selected informants are members of the National Police who are tasked with carrying out the "Madago Raya Police" program and former theorist prisoners, as well as sympathizers and stakeholders. The research location is in Poso Regency, Central Sulawesi Province.  The results of the study show that in handling radicalism, the communication strategy of the National Police organization in the implementation of the "Madago Raya Police" program is carried out in the form of delivering messages through  a door to door system which aims to establish relationships, know the needs and expectations and change the mindset of former terrorism inmates to be liberal and pluralist. The message conveyed to former prisoners of terrorism was designed first by members of the National Police as part of the work of Kamtibmas, which of course was agreed by all parties in the police organization and then sent the message implicitly with the aim of inviting former terrorism prisoners to be involved and responsible in maintaining order and security in the Poso Regency area
DIGITALIZATION OF PUBLIC SERVICES TO PREVENT ABUSE OF AUTHORITY Mochammad Riyanto; Edi Pranoto; Sunarto Sunarto
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.v22i3.5105

Abstract

Globalisasi memberikan dampak positif dan negatif bagi masyarakat. Dampak positif tersebut antara lain: masyarakat dunia menjadi lebih mudah dalam memperoleh ilmu pengetahuan dan teknologi, masyarakat menjadi lebih rasional, dan hadirnya industri berbasis teknologi yang menyerap penurunan. Di sisi lain, dampak negatif globalisasi adalah masyarakat semakin konsumtif, tidak mandiri dalam penyediaan barang, masyarakat lebih nyaman dengan dunia maya daripada dunia nyata sehingga menumbuhkan sikap individualis, gaya hidup masyarakat yang mempengaruhi budaya asing daripada melestarikan budaya bangsanya. Permasalahan yang dibahas adalah digitalisasi pelayanan publik untuk mencegah terjadinya korupsi akibat izin yang diberikan oleh pejabat pemerintah. Dengan menggunakan metode penelitian yuridis normatif, spesifikasi penelitian bersifat deskriptif analisis. Digitalisasi pelayanan publik meliputi kegiatan pemanfaatan teknologi termasuk pengelolaan data, dan informasi, antara manajemen dan proses kerja secara otomatis saling terkait dan pemanfaatan informasi perkembangan teknologi informasi untuk pelayanan publik yang mudah diakses dan juga murah bagi masyarakat. Digitalisasi pelayanan publik selain mudah dan cepat, juga mampu mengubah pola interaksi antara pemerintah dan masyarakat. Digitalisasi pelayanan publik merupakan upaya yang dilakukan Pemerintah agar masyarakat dalam memperoleh pelayanan tidak lagi dipersulit oleh aparatur yang bertugas memberikan pelayanan, terkesan berbelit-belit bahkan dimanfaatkan untuk kepentingan orang lain di luar tujuan memberikan otoritas atau melindungi kewenangan. UUAP mengatur tentang kualifikasi tindakan badan dan/atau pejabat pemerintah termasuk tata cara dan akibat hukumnya.
Study of Malay Marriage Customs: Acculturation and Islamic Communication Values in Riau Malay Society Idawati, Idawati; Rubino, Rubino; Tanjung, Muaz
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.v22i3.5106

Abstract

The qualitative research employed by the author examines the acculturation of Islamic communication values in Riau Malay marriage customs, observing events at various stages of the marriage process. Data is gathered through the Riau Malay Customary Institute (LAM Riau), using interviews and documentation and observing traditional marriage ceremonies. Additional data is collected from Riau community leaders involved in the marriage process. The research spans approximately 16 months. Findings indicate that Riau Malay traditional weddings are meticulously organized to affirm Malay identity and fulfill societal roles, with customs regulating life aspects at the national and state levels. Islamic communication strengthens individual religious identity. Secondly, values in Islamic communication, guided by the Quran and Hadith, are integral to traditional Malay wedding ceremonies, encompassing pre-wedding, marriage process, and post-wedding stages. Thirdly, the acculturation of Islam in Malay marriage customs dates back to the 15th century, marked by trade, intermarriages between Arab traders and locals, and the Islamization of Malay rulers, based on the Quran and As-Sunnah, the primary sources of Islamic teachings.
The Battle Of Actors' Roles In Criminal Justice (Case Study: Murder of Brigadier Yosua Hutabarat) Siahaan, Chontina; Panggabean, Mompang; Litha, Trianna Sampe; Pesiwarissa, Louis Carilo Daniel
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.v23i3.5111

Abstract

The murder of Brigadier Nofriansyah Yosua Hutabarat, considered by the community to be very barbaric, sadistic and inhumane was carried out by his own superior, FS who served as the Head of the Police Propam Division on Jl. Duren Tiga, South Jakarta. This murder incident is a very viral news from August 11, 2022 to February 13, 2023 because it is full of scenarios and lies during the criminal justice process taking place in the district court. The purpose of this research is to uncover and explore how the role of actors involved in the criminal justice process both directly in court and outside the court such as the public who attend the trial and give opinions through social media. The stages of this research method begin by collecting viral news that describes the role of each actor. The theories used in researching this case are the semiotic theory of Roland Barthes, the dramaturgy theory of Erving Goffman and the progressive legal theory of Satjipto Rahardjo. This research method is qualitative descriptive with a constructivist paradigm. The research approach is Case Study.The result of this study is that the actors fight according to the categorization in the criminal justice process, namely the perpetrators, participate in doing, moving, helping to do. Netizens are actors outside the court who play a role in overseeing the trial by conveying public opinion through the media. The output of this research, in addition to the Sinta 2 journal, also makes a model of the role of actors in criminal justice. The recommendation of this study is that legal opinion is not always the basis for judges' consideration, but in the era of information technology, public opinion is a necessity to be considered.
Problematics of Decentralization in the Field of Health Law in the Autonomous Era taufik,, Iqbal; Baranyanan, Soeleman Djaiz; Irham, Muhammad
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.v23i2.5113

Abstract

Based on positive law, which applies in Indonesia, decentralization has "chosen" to give up some of its authority to autonomous regions. The delegated authority is very broad, because in Law Number. 23 of 2014 uses a residual system when determining what is the authority of local governments. With the residual system, the central authorities have been clearly defined in advance, while the rest are autonomous regions. Therefore, authority in the health sector has become an autonomous regional government authority, because that authority is not determined as the authority of the central government. On the one hand this benefits the local government, because by using its authority, the regional government can regulate the health sector according to its aspirations and capabilities. This research was approached in terms of legal science, both at the dogmatic level, legal theory, and legal philosophy. In this study also used a normative legal approach or library law, namely legal research conducted by examining library materials or secondary data. Normative legal research or literature includes research on semantic law, research on the degree of vertical and horizontal synchronization, comparison of law and history of law. Research on legal principles is carried out by interpreting the legal norms formulated in laws and regulations relating to local government in Indonesia. Based on this research study, it can be concluded that in terms of law and policy as well as the scope of authority of regional governments that support regional autonomy in the health sector, it is still unclear and inconsistent in the description of the functions and authority of regional governments in the health sector.Keywords:Decentralization; Health Law; Regional Autonomy
Analysis of Determinants for the Optimization of Restaurant Tax Revenue in North Sumatra Province (Study on Regencies/cities in North Sumatra from 2018 to 2022) Lubis, Mei Linda Suryanti; Asmuni, Asmuni; Nurlaila, Nurlaila; azhar, Murdifin
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.v23i2.5115

Abstract

According to Law No. 28 of 2009, taxes are contributions from the community used for national purposes to ensure the prosperity of the people. This law also explains the existence of Regional Taxes and Levies (PDRD such as the Restaurant Tax. Each year, the Regional Tax and Levy Management Agency sets targets, but many of these targets are not achieve. For example, in 2020 and 2021, many tapping box devices were installed to optimize tax collection, but the targets were still not achieved. Therefore, the purpose of this study is to assess other factors that can optimize tax revenue through the analysis of determinants for the optimization of restaurant tax revenue in North Sumatra Province. This research will take samples from five cities and regencies in North Sumatra Province: Medan, Deli Serdang, Tebing Tinggi, Batu Bara, and Serdang Bedagai. The study will use a quantitative method with primary data collected through surveys. The results of this research indicate that tax audits, tapping box applications, and tax regulations significantly influence taxpayer compliance in paying restaurant taxes in North Sumatra Province. Additionally, tax audits and tapping box applications have a substantial impact on tax optimization, whereas tax regulations do not have a significant impact on the optimization of restaurant taxes in North Sumatra Province. Furthermore, taxpayer compliance does not significantly affect the optimization of restaurant taxes in North Sumatra Province. Finally, tax audits, tapping box applications, and tax regulations do not significantly influence the optimization of restaurant taxes through taxpayer compliance in paying restaurant taxes in North Sumatra Province.
Employment Legal Protection in Facing Artificial Intelligence Disruption: Efforts to Overcome the Replacement of Human Workers Cece Suryana
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.v22i3.5121

Abstract

This study aims to analyze employment legal protection in the face of disruption from artificial intelligence (AI) technology that threatens the existence of human labor. The development of AI technology has created new challenges for the world of employment, where many jobs have the potential to be replaced by machines and automated systems. This study uses a normative legal method with a statutory approach to examine existing employment regulations and their relevance in protecting workers' rights in the digital era. The data used consists of legal literature, laws and regulations related to the application of AI in the world of work. The results of the study show that Law Number 13 of 2023 concerning Manpower emerged as a response to the unfavorable situation for workers, with the aim of protecting labor rights and implementing international instruments and human rights declarations. Technological advances, especially automation and artificial intelligence (AI), bring benefits such as efficiency and new opportunities, but also pose challenges such as job loss. To address this, the government needs to strengthen employment legal protection, design policies to support affected workers, and provide skills training and incentives for companies. The Circular of the Ministry of Communication and Information on the ethics of using AI emphasizes inclusivity, humanity, accessibility, and sustainable development, as well as the protection of workers' rights such as the right to work and fair treatment. However, current national regulations do not specifically regulate the use of AI by companies, so new legal arrangements are needed to protect workers' rights and manage the transition due to Termination of Employment.
Reformulation Of Additional Criminal Law Regarding Sanctions For Defendants Of Corruption Criminal Acts In Indonesia Chandra Purnama; Muhammad Arifin; Adi Mansar
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.v22i1.5123

Abstract

Indonesia has Law Number 20 of 2001Jo. Law Number 31 of 1999 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption (hereinafter abbreviated as the PTPK Law). Based on Article 6 of Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission. Unfortunately, the criminal provisions contained in Article 21 and Article 22 of Law No. 28 of 1999 concerning Clean and Corruption-Free State Administrators are contrary to the principles contained in the Criminal Code, namely that the Criminal Code does not use a special minimum criminal system and cumulative principal criminal penalties, so that the Criminal Code including the Criminal Procedure Code cannot be used in eradicating criminal acts of Collusion and Nepotism. In other words, violations of criminal acts of collusion and criminal acts of nepotism in our beloved country currently cannot be addressed penally based on Law No. 28 of 1999 concerning Clean and Corruption-Free State Administrators. Therefore, this law needs to be immediately updated in terms of its criminal aspects. Article 20 paragraph (7) of Law Number 31 of 1999, which states that the main punishment is only a fine with a maximum plus 1/3 (one third). The determination of this criminal fine is imperative, meaning that judges have no other choice in imposing criminal sanctions on corporations other than criminal fines

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