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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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Land Conflict Between Companies and The Community in Pari Island, Thousand Islands Wibisono, Gunawan; Sunarno, Sunarno
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.v23i3.4229

Abstract

This research examines the land conflict that has arisen between a company and the residents of Pari Island in the Thousand Islands. The research addresses the following research questions:  1) What has been the prevailing model for resolving land conflicts between the company and the community of Pari Island in the Thousand Islands up to this point? 2) What is the ideal concept of land ownership and usage envisioned by both the company and the residents of the Thousand Islands? The research employs a sociolegal research methodology.  Research Outcomes: 1) The author's analysis suggests that the prevailing approach to resolving land conflicts between the company and the Pari Island community in the Thousand Islands has largely relied on government administration and political conflict resolution, namely "Government Administration and Political Conflict Resolution. This category of conflict resolution can guide one's thought process towards government administration and political solutions through legislative decisions." The resolution was achieved through conflict resolution efforts involving the local government in a non-litigious manner, specifically through mediation where the government acts as the mediator. Mediation has occurred on three occasions, two of which were held at the village level and one at the district level. 2) In the ideal concept that the author intends to propose for addressing the issue of conflict, one of the essential approaches that should be incorporated is the conflict resolution approach. The concept of conflict resolution prioritizes non-violent methods as the final recourse. The objective is to address conflicts in a constructive manner, with the ultimate goal of meeting the requirements and needs of all parties involved. Mediation, carried out by the parties involved in the land dispute on Pari Island, represents one form of conflict resolution. However, if mediation has not yielded success thus far, it becomes imperative to explore alternative conflict resolution models. Among these alternatives are negotiation and facilitation
Overcoming Deepfake Porn Crimes In Indonesia Andira, Sindi Ayu; Susila, M. Endriyo
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.v23i3.4232

Abstract

The research aims to look at dealing with deepfake porn crimes in Indonesia. The method used in normative legal research with the data sources used is primary, secondary, and tertiary legal materials to support the research. Research results show that in Indonesia, there are no regulations that specifically and comprehensively regulate the misuse of AI in the form of deepfake porn. Based on the many types of crimes committed by deepfake porn perpetrators in the process of making deepfake porn videos, the legal provisions that can be applied to these crimes also vary. The rise of deepfake porn in Indonesia, which is spread on the internet, is causing harm to other people. Therefore, serious countermeasures are needed from various parties, including law enforcement officials who have made efforts to combat deepfake porn crimes on the internet. Countermeasures against deepfake porn crimes consist of implementing preventive efforts in the form of outreach to the public and taking firm action against perpetrators of crimes. deepfake porn invites the public to play an active role in reporting deepfake porn crimes, preventing the spread of deepfake porn videos on the internet, and implementing repressive efforts in the form of actions taken by law enforcement officials such as conducting inquiries, investigations, prosecutions and examinations in court.
The Impact of Implementing Restorative Justice on Children in Conflict with the Law in Street Crimes Sulidewi, Nuraisyah; Prasetyoningsih, Nanik
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.v23i3.4253

Abstract

Cases of children in conflict with the Law, especially in criminal cases involving street crimes, still pose a threat to community members. The forms of threats and crimes include carrying sharp weapons to harm other people, mugging, beatings, beatings, and even stabbings carried out with a certain motive or without a motive (random). By the child protection law and the juvenile justice system in force in Indonesia, children caught in criminal acts will receive special treatment. Namely, efforts will be made so that children in conflict with the Law can be fairly restored to their original condition for both the victim and the perpetrator. Still, their nature is not retaliation, so efforts are made to resolve criminal cases outside of court or what is known as a restorative justice approach. This normative research uses the statutory, conceptual, and case approaches. The type of data used is secondary data sources obtained through literature study and document study, as well as from secondary and primary legal materials. The results of this research show that implementing a restorative justice approach in resolving criminal cases for children in conflict with the Law, it is hoped that will have a positive impact, namely developing children according to their age so that legal awareness will grow and they will not repeat similar crimes. Then, resolving criminal cases outside of court will prevent children from interacting with inmates in prison and prevent children from being labelled as criminals because children still have a long future.
Consumer Protection Against Distribution Of Dangerous Cosmetics Sold Online In Indonesia, Malaysia And The Philippines Andira, Ayu; Muhammad, Danang Wahyu
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.v23i3.4256

Abstract

There are still many dangerous ingredients in the circulation of cosmetics, such as various brands and substances containing dangerous ingredients. This action occurred in various Asian countries, including Indonesia, Malaysia, and the Philippines. Many countries have created regulations and provisions regarding Consumer Protection. Thus, this research first analyses how the laws of Indonesia, Malaysia, and the Philippines compare consumer protection with the online distribution of dangerous cosmetic materials. Second, what are the legal and regulatory efforts for consumer protection regarding the online distribution of dangerous cosmetic products in Indonesia, Malaysia and the Philippines? The research method uses normative juridical, which examines the comparison of consumer protection between Indonesia, Malaysia and the Philippines so that it can become a reference for everyone's behaviour. In reality, Indonesia adheres to a Civil Law system. In contrast, Malaysia adheres to a Common Law system. Still, interestingly, the Philippines applies a Civil Law and Common Law system. Efforts to protect consumers against cosmetic products with dangerous ingredients can implement the ASEAN Regional Guidelines on Competition Policy (Regional Guidelines). It can also adopt the ASEAN Cosmetic Directive (ACD) regulations.
Criminal Penalties For Corruption In Decision No. 46/Pid.Sus-Tpk/2022 / Pn In The Perspective Of Islamic Law Asliani, Asliani
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.v23i3.4260

Abstract

The purpose of this research is to find out how the view Islam against corruption and the application of fines according to Islamic Criminal Law. Research methods used in this study are normative juridical research and can concluded: Corruption in Islam is acts of transgression. Islamic Law aims to create for the benefit of mankind with what is referred to as maqashidussy Shariah. Context perspective of Islamic teachings more broadly, the practice of corruption is actions contrary to the principle justice, accountability, and responsibility answer. Corruption and all its consequences the negative causes various distortions to the life of the country and people who can be categorized into in acts of corruption on Earth which is the Curse of Allah swt and  Regulation Of Islamic Criminal Law putting corruption in the category jarimah takzir, takzir is a sanction the law applied to a person who has a finger or thumb criminal offense violations relating to human rights God and Man, and these violations are not strictly defined form of sanction in the Quran and Hadith because it is not determined explicitly then to be a competent judge or local authorities. Legal sanctions takzir can be a fine which is one type of alternative punishment should be promoted as the most civilized form of punishment Islam was introduced fourteen centuries ago.
Neutralization Of The National Police In The General Election In Maintaining The Collapse Of The Unitary State Of The Republic Of Indonesia Hasibuan, Edi Sahputra
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.v23i3.4276

Abstract

The glue in democracy, especially in the run-up to the 2024 elections, is a stronger civilian authority accompanied by optimal parliamentary oversight, and the creation of professional security actors (military and police). "Professional" means the military (and police) are not involved or involved in politics. These two things are the main indicators in seeing how the quality of democratic consolidation. Moreover, the professionalism of security actors is in line with the democratic system of government. But in the context of Indonesia, one of the challenges of all-digital democracy is the effort to create professionalism of security actors so that they are involved in the political frame; or commonly called TNI/Polri neutrality. This paper will analyze specifically the neutrality of the National Police in the 2024 election process. There are two considerations to this review. First, because the National Police carries out security and public order functions in the community; including in this case maintaining the security of the 2024 election. Second, because the National Police also has a preventive function to prevent security disturbances, especially before the election. In general, this function is carried out by every member of the National Police, but specifically the preventive function in the form of detection of potential security disturbances at the village level is attached to Babinkamtibmas members.
Keloris Puri Kelorina Participatory Communication Model to Empower Ngawenomboh Village Fadeli, Mohammed; Setyarahajoe, Ratna; Fitriawardhani, Tira
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.v23i3.4306

Abstract

This research focuses on participatory communication model in community empowerment in Ngawenomboh Village, Central Java. Keloris as the program implementer is involved in cultivation, production process and cooperation with Moringa production and distribution partners for healthy processed products. The research method uses a qualitative descriptive approach through interviews and observations. Through dialogue, polyphony, and carnival keloris managed to build relationships based on mutual respect and cooperation towards achieving common goals in empowerment. The intense and open participatory communication can result in strong collaboration, increasing the success of community empowerment efforts. Therefore it needs to be strengthened to achieve better changes.
Guarantee of Legal Protection as a Principle of Lecturers’ Professionalism: The Moderating Role of Religiosity on the Influence of Emotional Regulation and Psychological Well-Being on Lecturers’ Work Engagement Nurani, Nina; Rahmayanti, Rima; Salsabil, Imanirrahma
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.v23i3.4309

Abstract

This study aims to understand the guarantee of legal protection as a principle of lecturers’ professionalism by developing and examining a model of the influence of emotional regulation and psychological well-being in influencing work engagement and lecturer performance, which is in line with the professionalism principle as a form of legal protection, in West Java Province. The moderating role of religiosity in Muslim and non-Muslim lecturers are also considered in influencing the level of interaction between variables. This study uses normative juridical and quantitative method. Normative juridical method is carried out by examining primary, secondary and tertiary legal materials, both documents and laws and regulations. For the quantitative study, 120 Muslim and non-Muslim lecturers are selected using purposive sampling. Data is distributed online and offline using Google Forms, then processed using Structural Equation Modeling-Partial Least Square (SEM-PLS) with SmartPLS software. The findings indicate that (1) the criteria for obtaining lecturer certificates are not yet comprehensive according to the role and position in the Teachers and Lecturers Law; and (2) the management of intellectual property rights (IPR) in universities is not yet optimal according to the legal protection of the results of creations and innovations in the IPR Law. Emotional regulation and psychological well-being influence work engagement, and work engagement has a positive influence on lecturer performance. The study also confirms the mediating role of work engagement and moderating role of religiosity within the relationship. This study provides insight of the guarantee of legal protection for the position, rights, and obligations along with recognition of lecturers in developing creativity and innovation in accordance with the principles of professionalism. This study also highlights the moderating role of religiosity by involving Muslim and non-Muslim participants in a cross-cultural context, thereby allowing a more comprehensive understanding of the influence of religiosity and cultural diversity on the variables studied.
The Impact of Globalization on the Dynamics of the Constitutional Law System in Indonesia: An Analytical Review Hidayat, Anwar
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.v23i3.4332

Abstract

Globalization has become a phenomenon that dominates social, economic and political developments in various countries, including Indonesia. In the context of constitutional law, globalization has given rise to various challenges and significant changes in legal regulations and practices in Indonesia. This research aims to analyze the influence of globalization on the constitutional law system in Indonesia. This research uses a normative legal approach through a regulatory and legal approach that is in accordance with the research theme. The research results show that globalization has a significant impact on the constitutional law system in Indonesia. Analysis of the adoption of international legal principles, changes in government institutions, shifts in power structures, developments in technology and communications, as well as the challenges and opportunities faced by Indonesia illustrates the complexity of the interaction between globalization and constitutional law. By understanding these dynamics, this research highlights the need to adapt the constitutional law system in Indonesia to respond to the challenges of globalization by maintaining state sovereignty, strengthening public participation, and ensuring the protection of national interests while taking advantage of global integration opportunities for sustainable development.  
Personal Data Protection According to the Implemented Law in Indonesia and Japan Widjajanti, Ermania; Hummerson, Andi Widiatno; Multiwijaya, Vience Ratna; Alfianto, Dwi
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.v23i3.4340

Abstract

The rapid development of technology creates various new things that can make human life easier, one of which is the cyber world which involves the internet. The presence of the cyber world brings many benefits to human life, with cyber, humans can do various things without being limited by distance and time. However, apart from bringing many positive things, the presence of the cyber world certainly creates new opportunities for crime, one of the threats in the cyber world is personal data. Indonesia and Japan, two countries that have significant economic and technological development in the Asian region, are not immune from the threat of personal data theft. Although both have different legal and cultural frameworks, both strive to protect the personal data of their citizens from increasingly complex cyber threats. In this way, a comparison will be made regarding the crime of personal data theft between Indonesia and Japan starting from the cultural history of respecting personal data in each country, the birth of regulations in each country, the criminal law system in each country, and also the regulations governing and has criminal sanctions in each country. The methodology used in this writing is a normative research. It is concluded that theft of personal data poses a significant challenge in the digital era, causing identity fraud, financial loss, and privacy violations. Indonesia and Japan, both Asian nations, have varying legal frameworks but both strive to protect citizens' data from cyber threats. Indonesia's regulations, passed in 2008, cover information and electronic transactions, intellectual property rights, and protection. Japan, on the other hand, has been addressing data protection since 2000, with regulations like APPI, My Number Act, and Act on Prohibition of Unauthorized Computer Access.

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