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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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Historical Evolution of Indonesia's Legal System (Transformations Across Different Eras) Abdussamad, Zamroni; Muhtar, Mohamad Hidayat; Mustapa, Muhammad Iqbal
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.v23i3.5188

Abstract

This study analyses the impact of Dutch colonial law on the evolution of the Indonesian legal system following independence, as well as the integration of local and global principles in the establishment of National Legal Policy across several historical periods. The primary issue encountered was the legal duality between Dutch law and customary law, alongside the difficulty of establishing an autonomous national legal system. This study employs normative legal methodologies and a literature-based methodology to examine the progression of legal systems from the colonial era to the reform period. The findings indicated that, although Indonesia's independence, the remnants of colonial law continue to prevail within the legal framework, particularly in civil and criminal domains. Legal reforms initiated in the late 1990s aimed to eliminate colonial influences and include local values with global standards. The difficulty in achieving equilibrium between these two elements remains a significant topic of discussion in Indonesia's legal reform.
Defendant's Ignorance of State Administrative Court Decision Contempt Of Court pondayar, yustus
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.v23i1.5198

Abstract

In a state of law, the existence of the State Administrative Court is the most important part of the repressive efforts to protect the community to obtain justice and legal certainty. It is impossible for the Defendant to cancel the decision of the State Administrative Court for several reasons: first, there is no execution institution in the State Administrative Court, second, there are no legal sanctions, and third, ignoring the decision of the State Administrative Court creates legal uncertainty for the Plaintiff. In addition, the Defendant's ignoring the decision constitutes a ignoring of the general principles of good governance. The Defendant's attitude includes committing unlawful acts (unfair government actions) or arbitrary (desire or shift of power). The actions of state administrative bodies/officials who do not comply with and carry out the decision of the State Administrative Court judge can be categorized as acts that are contrary to the law.
Dynamics of Legal Politics of Judicial Power in Responding to the Industrial Revolution 4.0 Boy Nurdin
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.v22i1.5212

Abstract

This study aims to analyze how the justice system and judicial power in Indonesia adapt to technological developments in the Industrial Revolution 4.0 era. This study uses a qualitative method with a normative legal approach that examines laws and regulations, legal doctrines, and judicial practices related to the application of technology in the law enforcement process. The main focus of this study is to identify the challenges and opportunities that arise for the judiciary in the digital era, such as changes in decision-making, the use of technology for judicial transparency, and the protection of human rights amidst legal automation. The results of the study indicate that digitalization and the application of technology in the Indonesian judicial system are very important to improve the efficiency, transparency, and accessibility of justice. Structural changes due to the amendments to the 1945 Constitution resulted in the decentralization of judicial power with three independent institutions: the Supreme Court, the Constitutional Court, and the Judicial Commission. Initiatives such as e-court and e-litigation implemented by the Supreme Court facilitate the legal administration process, while the Constitutional Court introduces a transparent judicial system through an informative website and mobile application. The Judicial Commission also utilizes digital platforms to maintain independence and accountability. However, challenges include the digitalization of the judicial process, demands for transparency, the influence of artificial intelligence, and increasing legal literacy. Courts need to adapt to technology to increase efficiency while protecting personal data and upholding human rights principles.
EVALUATION OF SUSTAINABLE DEVELOPMENT POLICY IN URBAN AREAS: A CASE STUDY IN MAKASSAR Syafaruddin, Syafaruddin; Natsir, Nurasia; Syafaruddin, Andi Riska Andreani
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.v23i1.5218

Abstract

This study aims to evaluate the effectiveness of sustainable development policies in Makassar and the public's perception of the impact of these policies on quality of life. The method used in this research is a quantitative approach, with data collected through a survey questionnaire distributed to 200 randomly selected respondents from various neighbourhoods in Makassar. The analysis results show that 80% of respondents have noticed improvements in air quality in their environment since the implementation of sustainable development policies, indicating a positive impact of these policies on environmental conditions. However, the results also reveal that 25% of respondents still experience dissatisfaction regarding accessibility to public facilities, highlighting challenges that need to be addressed to enhance the inclusiveness of these policies. Hypothesis testing indicates a significant positive effect between sustainable development policies and public perception of quality of life (H1). Moreover, the second hypothesis (H2), which states that community participation and government transparency influence policy effectiveness, is also accepted. These findings emphasize that community involvement and information openness are key factors in enhancing the success of sustainable development policies. This study recommends the necessity for ongoing evaluation and improved accessibility to public facilities to ensure that the benefits of the policies can be equitably felt by all segments of society. Thus, this research is expected to contribute to the development of more responsive and inclusive policies in the future.
THE PROBLEMATICS OF CRIMINAL SANCTIONS RELATED TO PLASTIC SURGERY: ETHICAL AND LEGAL ISSUES Widyastuti, Ni Luh Wiweka; Darma, I Made Wirya
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.v23i3.5225

Abstract

Plastic surgery presents complex challenges in terms of ethics and law, including conflicts between medical principles and patients' aesthetic desires, enforcement of regulations against illegal practices, appropriate application of criminal sanctions, and the need to balance increasing demand with adequate safety standards and patient protection. This study aims to analyze the application of criminal sanctions for malpractice in plastic surgery from the perspective of medical ethics and criminal law in Indonesia, as well as to identify the challenges in formulating regulations that balance patient protection and medical freedom in the context of plastic surgery. The study employs a normative legal method with a legislative and conceptual approach, analyzing primary and secondary legal materials through a literature review, and applies descriptive qualitative analysis to understand the problems of criminal sanctions and ethical aspects in plastic surgery in Indonesia. The results indicate that the application of criminal sanctions for malpractice in plastic surgery in Indonesia involves complex considerations from the perspectives of medical ethics and criminal law. Key challenges include protecting patients from surgical risks, especially elective procedures, while respecting doctors' medical autonomy; ensuring informed consent without restricting clinical decision-making; addressing ethical dilemmas related to patient requests; integrating technological advancements without compromising safety; strengthening oversight and law enforcement against illegal practices; and protecting consumers from misleading advertisements. The application of criminal sanctions faces challenges in proving negligence, particularly due to the subjective nature of aesthetic plastic surgery. There is a need for synergy between law enforcement and ethical regulation to balance patient protection and medical freedom, ensuring justice for both patients and responsible medical practitioners
LEGAL PROTECTION FOR WOMEN WORKERS IN INDONESIA: A CRITICAL REVIEW OF LAW APPLICATION Prasetyo, Dedy Ardian
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.v23i3.5233

Abstract

When compared to their male counterparts, female workers frequently experience discrimination in labor rights concerns pertaining to their protection, particularly in areas of reproductive function, pay, and positions. The purpose of this study is to examine the laws intended to safeguard Indonesian women workers' rights. Normative legal research is the methodology used in this investigation. Law Number 6 of 2023 Article 153 and Regulation of the Minister of Women's Empowerment and Child Protection Number 1 of 2023 are the main sources of data for this study. According to the study's findings, women workers have not yet received the best protection possible under Law No. 6 of 2023 and the Ministerial Regulation of PA No. 1 of 2023. The requirement for workers to learn more about the relevant legislation is the reason for the low implementation of these policies. According to the same report, a large number of female employees need to be aware of the laws obliging businesses to offer maternity leave. Furthermore, the provision of shelter houses for female employees in the workplace is governed by the Ministerial Regulation of PPPA No. 1 of 2023. Only 72 businesses will be dedicated to offering RP3 across Indonesia in 2023. DKI Jakarta, Bogor, Bekasi, Subang, Riau Islands, South Sumatra, Banten, and East Java are among the regions that have adopted RP3. Despite the implementation of Law No. 6 of 2023 and Ministerial Regulation No. 1 of 2023, not all Indonesian women workers are aware of or able to utilize their current protection rights.
Transformation of Digital Communication Media in Practicum-Based Learning: Examining the Experience of IAIN Langsa Lecturers, Aceh Rusli Rusli
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.v22i2.5236

Abstract

The transformation of communication in education is critical to sustaining good learning. The COVID-19 epidemic has altered how instructors communicate, hence changing their body of knowledge. This study explores how instructors at IAIN Langsa, Aceh, have dealt with the shift from traditional to digital communication media in the context of teaching. The primary emphasis is on how they modified their communication tactics to manage learning following the COVID-19 outbreak and the difficulties they encountered, such as shifting learning paradigms and gaining access to technology. This study uses a qualitative methodology to show how lecturers' personal experiences in practicum courses mirror efforts to enhance learning connections in this new era. Interviews with practicum course teachers who continue to employ digital media for instruction served as the data source. The study's findings demonstrate that lecturers' communication styles have changed during the teaching and learning process. Lecturers mostly communicate via the Zoom program, while attempts are being made to use alternative platforms, including Google Classroom and WhatsApp. They still have significant difficulties with communication regularity and frequency, though. to boost lecturers' digital literacy and the efficacy of communication education through media diversity. After the COVID-19 pandemic, IAIN Langsa's communication media underwent a quick metamorphosis; nonetheless, additional work must be done to support an ideal learning experience with more effective communication.
Communication Law in Marketing: Paradigms in maintaining Corporate Identity, Reputation and Brand Image Iing Saefudin
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.v22i2.5245

Abstract

This study aims to analyze the role of communication law in marketing as a paradigm that functions to maintain corporate identity, reputation, and brand image. Effective and legal communication is an important element for a company's success in building a strong and sustainable image amidst increasingly tight business competition. This study uses a normative legal research method based on literature studies and analysis of regulations related to marketing communications such as the Electronic Information and Transactions Law. The research results show that the law of effective communication in marketing, summarized in the concept of REACH (Respect, Empathy, Audible, Clarity, and Humble), is very important for building strong relationships between companies and consumers. Respecting and understanding the consumer perspective, and ensuring that messages are delivered clearly and humbly, can increase understanding, trust, and loyalty. In Indonesia, marketing communications are regulated by Law No. 1 of 2024 concerning the Second Amendment to Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE LawITE law), which emphasizes transparency, accuracy, and ethics. Compliance with the ITE Law, which prohibits defamation, the spread of fake news, the use of personal data without permission, and the presentation of deceptive data, helps companies build a good reputation and maintain positive relationships with consumers. Overall, communication law not only protects consumers but also serves as a strategic tool for companies to achieve sustainability and growth in a competitive market
The Position of the Witness and Victim Protection Agency (LPSK) in the Indonesian Criminal Justice System Herlyanty Yuliana Angraeny Bawole; Grace Y. Bawole
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.v23i3.5246

Abstract

The objective of this research is to understand the position of the Witness and Victim Protection Agency (LPSK) in the Indonesian Criminal Justice System. The research uses the library research method, which involves studying books, legislation, and other written materials related to the subject matter used by the author for this paper. The purpose of the Witness and Victim Protection Agency is to protect and provide a sense of security from any form of threat or intimidation from perpetrators of criminal acts that may influence the truth in the enforcement of criminal law. The position of LPSK in the criminal justice system plays an important role in establishing comprehensive protection for witnesses and victims.Keywords : Witness and Victim Protection Agency, Criminal Justice System
POLICY IMPLEMENTATION MODEL FOR HANDLING CORONAVIRUS DISEASE 19 (COVID 19) BY STREET-LEVEL BUREAUCRATS (SLB) Sakir, Mochammad; Wahyu Nurdiansyah Nurdin; Swastiani Dunggio
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.v23i1.5247

Abstract

Street-level bureaucrats are the spearhead of policy implementers, they have the power, autonomy and coping mechanisms that they carry out to produce final policies that may not be in accordance with policy demands. This study uses a qualitative approach to investigate the implementation model of the coronavirus disease 19 (Covid 19) handling policy by Street-Level Bureaucrats (SLB). The design used in this study is a case study. The results of the study show that in implementing the Covid 19 handling policy, not all street-level bureaucrats can understand the provisions for implementing the policy, even though SLB already has individual knowledge, skills, and expertise, as well as policy beliefs. Street-Level Bureaucrats (SLB) also take discretionary actions so that the services of policy implementing officers are in accordance with what the community expects, as well as coping actions because lower-level implementers are not balanced with the provision of adequate service facilities and resources . The form of coping carried out by lower-level implementing officers is in the form of rejecting Covid-19 patients because the treatment room is almost full or because the number of health workers is limited in serving Covid-19 patients in a hospital, or recommending Covid-19 patients to be referred to hospitals according to local government regulationsKeywords:coronavirus disease 19 (covid 19), policy implementation, street-level bureaucrats (SLB

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