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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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Strategy for Empowering Village-Owned Enterprises through Parson's Social System Approach Ikhwansyah, Isis; Mulyati, Etty; Wiganarto, Tri Utomo
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.v23i3.5251

Abstract

This research examines Talcott Parsons' Structural Functionalist method to empowering Village-Owned Enterprises. BUMDes' economic and social dynamics are understood using this method. The Parsonian social framework's adaption factors, goal attainment, integration, and delay are studied. This normative, philosophical, and analytical research examines social and legal theories to characterize BUMDes' role in village development. The descriptive analytical research technique reviews BUMDes-related legislation, regulations, and practical practices. Qualitative data analysis yields extensive Parsons' theory application results. The research found that BUMDes promotes inclusive and sustainable village development. BUMDes adapts its economic approach to the village's possibilities, such as agricultural or tourist development. BUMDes may boost village revenue by fostering productive companies, achieving objectives by improving community welfare. The integration component emphasizes village institution-community engagement for social stability. Latency involves BUMDes' attempts to conserve local culture to retain village identity throughout development. However, financing and institutional coordination concerns are typically major barriers. This research found that Parson's strategy may help BUMDes improve Indonesian communities' economic and social growth.
THE PERCEPTION OF JUSTICE IN JUVENILE CRIMINAL PROCEEDINGS: AN ETHICAL AND MORAL REVIEW Utami, Made Sri Dewi; Gorda, Anak Agung Ayu Ngurah Tini Rusmini
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.v23i3.5254

Abstract

The phenomenon of justice in the juvenile criminal justice system is a complex issue that requires a balance between law enforcement and protection of children's rights, where approaches that focus on rehabilitation and recovery must be prioritized considering that children are individuals who are still in the process of forming identity and morals. This research aims to analyze the perception of justice in the handling of juvenile criminal cases from the perspective of ethics and morality in Indonesia and identify factors that influence the realization of justice in the juvenile criminal justice system. This research uses a normative legal research method with a conceptual approach that analyzes primary, secondary, and tertiary legal materials through literature studies, and uses qualitative descriptive analysis to examine perceptions of justice in the juvenile criminal justice system from an ethical and moral perspective. The results showed that the perception of justice in the handling of juvenile criminal cases in Indonesia is in a tug of war between restorative justice approaches (which are regulated in the SPPA Law) and retributive (which are still strong in society), where the realization of justice is influenced by six main factors, namely the application of the principles of restorative justice, the socio-environmental conditions of children, the role of law enforcement officials in the implementation of diversion, gaps in policy and practice in the field, public perceptions of children in conflict with the law, and ethical-moral considerations related to the stage of development and the best interests of children
Optimizing the Role of Community Advisors in Assisting Juvenile Clients with Diversion at the Mandau Sector Police Rinaldi, Kasmanto; Yut Sepin, Fitria; Musa, M.
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.v23i3.5267

Abstract

This study discusses the role of community advisors in the implementation of diversion for juvenile clients at the Mandau Sector Police. The research focuses on the implementation of guidance in accordance with Law No. 11 of 2012, which emphasizes the active role of community officers in the diversion process. The research methodology used is a normative empirical approach, combining normative legal studies with empirical data from the field. The findings indicate that the guidance provided by community advisors at the Mandau Sector Police complies with the provisions of Law No. 11 of 2012. Community officers play an active role in guiding, supervising, and overseeing the juveniles throughout the diversion process and in implementing the agreements reached. Additionally, community advisors are responsible for reporting to the court if the diversion agreement is not executed. However, the study also identifies several challenges in the guidance provided by community advisors, including a lack of consensus or agreement between the parties, a shortage of human resources or social workers, and the absence of community figures in the diversion process due to time constraints and the remote location of homes. Therefore, efforts are needed to improve the quality of human resources, involve community figures, and provide adequate facilities to support more effective diversion implementation.
Liability For Corporate Crimes In Environmental Crimes In Indonesia (Case Study Of Pt. Wijaya Inti Nusantara) Taufiq, Muhammad
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.v23i3.5286

Abstract

Corporate Crime is a serious crime that harms the people of Indonesia, especially in the long term. For a long time, corporate crime has often been in the public spotlight, especially with cases such as corruption, money laundering, and tax evasion. Not only that, in the environmental aspect there are also corporate crimes, for example in the abuse of power that causes environmental pollution which has a very wide impact on various parties. Therefore, this study aims to examine how the criminal liability of corporations that commit environmental crimes in Indonesia is carried out. The research methodologyused here is normative juridical research. The results of the research obtained are criminal liability for environmental crimes committed by corporations, accountability not only for individuals, but also corporations such as for example a business entity as emphasized in Articles 116-118 of Law No. 32 of 2009. As well as providing a perspective on how Islamic law responds to the phenomenon of corporate criminal liability. In this case, Islamic Law has views from various sources, namely the Qur'an and As-Sunnah as the main reference in managing the environment and behaving. In Surah Ar-Rum verse 40 Allah Subhanahu Wa Ta'ala said: It has been seen that the destruction on the land and in the sea is caused by the deeds of human hands (Through it) Allah makes them feel a part of their deeds so that they can return (to the right path). The MUI in its Fatwa once stated that in the utilization of environmental wealth, managers must prioritize ethics that avoid environmental damage not only for the sake of profit. In Islamic law, corporate liability in the environment is to compensate for losses due to unlawful acts.
The Existance of the Acte Van Dading Against the Resolution of Civil Case Lawsuit for Breach of Contract Based on the Case Study of Acte Van Dading Number 97/Pdt.G/2023/PN Slt Az Zahra Putri, Anisa Rahmadhani; Soroinda, Disriani Latifah
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.v23i3.5289

Abstract

The strength of a Settlement Agreement Act is equivalent to ha ruling issued by the court. The Settlement Agreement Act arises from a peace agreement made during the mediation process in front of a designated judge who has the authority to act as a mediator. This peace agreement does not carry executory legal power. This is because the Settlement Agreement Act is a settlement ruling issued by the district court, reflecting the true intent and agreement of the parties involved in a civil case directly. The mediator judge plays a fundamental role in mediation; the mediator must actively work to reconcile the parties in dispute, encouraging solutions that are fair and do not disadvantage one party over the other through a comprehensive problem-solving approach
Banks' Legal Responsibilities In Handling Non-Performing Loans: A Regulatory Perspective And Its Implementation In Indonesia Febiwati, Tritinta Palupi Febiwati; Hartono Paulus, Darminto
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.v23i3.5293

Abstract

Non-performing loans (NPLs) are a major challenge for the banking industry because they have the potential to threaten the financial stability of banks and the national economy. This study aims to evaluate the legal responsibility of banks in handling non-performing loans in Indonesia, focusing on the effectiveness of applicable regulations, such as the Banking Law, Financial Services Authority (OJK) regulations, and the application of Basel III principles. Through a normative-empirical approach and case analysis from several banks in Indonesia, this study finds that existing regulations are quite effective in reducing the number of NPLs if implemented with high compliance. However, there are operational, legal, and economic challenges that affect the optimal implementation of regulations. The study recommends improved risk management and better supervision to support banks in fulfilling their legal responsibilities regarding non-performing loans.
Legal Protection of Protected Animals from Illegal Trade as an Effort to Maintain Environmental Conservation ETIKA, TAKARIADINDA DIANA; RAHARJA, SUNARYA; HARTANTI; SULISTYANINGSIH, ENDANG; WIDYATAMA, YUSA PUTRA; TAMTAMA, ARGA SYA’BAN
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.v23i3.5299

Abstract

The research entitled "Legal Protection of Protected Animals from Illegal Trade as an Effort to Maintain Environmental Conservation" aims to 1) find out and analyze legal protection for protected animals from illegal trade as an effort to preserve the environment. 2) analyze the execution process carried out towards  the judge's decision regarding illegal animal trade. The research method used is normative legal research, using a juridical approach, primary data obtained from interviews with secondary legal materials (books and other related literature), and tertiary legal materials (internet), data collection techniques in the form of interviews and literature studies, and Data analysis is in the form of qualitative descriptive. Based on the results of the research and discussion, it was concluded that 1) efforts to legally protect protected animals are not only through enforcing applicable laws and regulations, but can also be done through approaches and raising awareness in  Special Region of Yogyakarta citizen through outreaching activities and information about the importance of preserving animals and understand the types of animals that are protected. 2) the process of executing the judge's decision regarding illegal animal trade is different from that of human victims because it requires special treatment, especially for animals that are still alive, by handing over protected animals to the Natural Resources Conservation Center  Special Region of Yogyakarta for care and restoration of their condition before being returned to their habitat.
Analysis of Comparative Studies of Political Gerontocracy in the World of the United States, Africa, Venice, Turkey Pugu, Melyana R
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.v23i1.5302

Abstract

The purpose of this study is to find out the Analysis of Comparative Studies of Political Gerontocracy in the World of the United States, Africa, Venice, Turkey. Because these four countries have geopolitics that are very interesting, we know it as a study for other governments. The method of this research is In this study, the author optimally uses two data sources related to this research, namely. Primary data sources and secondary data sources. The main source of this research is books and scientific journals on Political Gerontocracy in the World. At the same time, this research is supported (secondary) by other works of thought related to politics in the United States, Africa, Venice, Turkey. The results of this study that gerontocracy can provide political stability and wisdom in decision-making such as gerontocracy in the United States brings benefits in terms of stability and experience, but also poses a major challenge related to policy relevance. Then gerontocracy in Africa created long-term stability in some countries, but also hampered dynamic political, economic, and social development. While many senior leaders are considered historical figures and have great influence. The continued gerontocracy in Italy creates challenges for a more dynamic and diverse leadership regeneration. However, with support for reforms from young people and pressure to create more inclusive policies, Italy has an opportunity to improve its political system. And the gerontocracy in Turkey provides stability in the face of major challenges, but it also brings obstacles to political regeneration and policy innovation.
Pyramid Scheme Crime: Problems and Oversight in Indonesia Heru Yuwono, Teguh Basuki; Kharisma, Dona Budi
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.v23i3.5322

Abstract

Investment-based crimes in Indonesia are very high. Data from the Indonesian Financial Services Authority (OJK) in 2023 stated that the total value of public losses due to investment crimes from 2018 to 2022 reached IDR 126 trillion. Various models of investment crimes that are often carried out include illegal futures brokers, illegal investments, forex, and binary options carried out with pyramid schemes or Ponzi schemes. The data indicates that there are problems in handling crimes with pyramid schemes. This research is normative legal research that uses the statute approach method. The legal materials used include primary legal materials and secondary legal materials related to investment crimes. Based on the results of the study, it was found that there are various legal problems in handling crimes with pyramid schemes, including weaknesses in the formulation of regulations. The Trade Law still has limited reach both in terms of subjects and objects which can lead to weak law enforcement. Therefore, it is recommended for relevant stakeholders to reformulate the Trade Law that can accommodate broader subjects and objects.
Legal Analysis And Problems of The 2024 Simultaneous General Elections In Indonesia: Implementation Strategies And Their Implications For Democracy Madakarah, Finradost Yufan; Wisnaeni, Fifiana
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.v23i1.5332

Abstract

Simultaneous general elections in 2024 in Indonesia are expected to improve the quality of democracy and public participation. However, its implementation was faced with various challenges, including problems with the implementation, participant participation, and errors in vote counting. This research aims to identify the basis of election law, explore the problems that arise, and develop effective resolution strategies. Through normative analysis and sociological juridical approaches, this study finds that the orientation of organizers, the preparation of attributes, and adequate infrastructure facilities are the keys to overcoming problems. The implications of this election include improving the quality of democracy, higher public engagement, and transparency and accountability in the electoral process. The results of this research are expected to provide insights and recommendations for election organizers and other stakeholders to create more democratic elections

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