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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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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. 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.v23i3.4276

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. 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.v23i3.4306

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. 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.v23i3.4309

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. 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.v23i3.4332

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. 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.v23i3.4340

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.
Aligning National Legal Development with Local Wisdom: A Study in the Special Region of Yogyakarta Supono, Supono; Prasetyoningsih, Nanik; Adilah, Indira Naquita
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.v23i3.4346

Abstract

This research aims to detail and explain the alignment of national legal development with local wisdom, focusing on case studies in the Special Region of Yogyakarta. Through this review, this research seeks to provide a deeper understanding of how national law can be integrated with the rich local values in DIY. The method used in this research is a qualitative approach that involves several data collection techniques, including literature study, observation, and stakeholder interviews. The research results show the relevance and positive impact of aligning national legal development with local wisdom in the Special Region of Yogyakarta (DIY). By analyzing the role of local wisdom in developing national law, this research highlights the integration of traditional values with legal principles that apply nationally. The contribution of local wisdom, such as the spirit of justice, deliberation for consensus, and respect for human rights, has been proven to encourage the creation of an inclusive and effective legal system. In implementing legal development, the principle of legal pluralism is the primary basis, enabling the implementation of various dispute resolution mechanisms and natural resource management that respect cultural diversity and local values. This research also highlights concrete efforts in integrating local wisdom in national legal development, such as developing customary law that is in harmony with national law, integrating local wisdom in legal education, and empowering communities in applying traditional values in dispute resolution.
Factors Influencing the Implementation of Detention Care Policy in the Environment of Banten Regional Police Department Prayoga, Bayu Febrianto; Zulkarnain, Annas; Arya Anjaya, I Gusti Ngurah Agung; Kurniawan, Nur Arief
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.v23i3.4399

Abstract

This study emphasizes the importance of the factors that influence the implementation of prisoner care policies that involve important and strategic components in supporting efforts to effectively implement prisoner care policies. The study uses a quantitative research approach to collect accurate and unbiased data. It involves a sequential explanatory strategy for data analysis and requires a minimum sample size of 60. The research includes 175 Polri members, 57 detainee families, and 114 detainees. Data collection is done through direct visits, and analysis techniques include descriptive statistics, Kruskall Wallis Difference Test, Spearman Correlation, and inferential statistics. Measurement validity is tested using AVE and factor loading, while reliability is assessed through Cronbach's Alpha. The structural model evaluation is based on R2 and path coefficient values. The results of this study indicate that all of the research hypotheses were accepted. Suggestions that can be given to related parties are improving communication, resources, disposition and bureaucratic structure and implementing transformational leadership styles so that the implementation of optimal prisoner care policies.
Investigation Of The Status Of The Natuna Marine Zone And Indonesian Oceanic Defense Technique Within The South China Ocean Debate Haryani, Tinok -; Setiyono, Joko -
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.v23i3.4429

Abstract

A country's borders and area have a huge affect on its sway. Proprietorship debate are a common source of regional clashes, especially in oceanic locales. Particularly, China's claims to the South China Ocean and Indonesia's sea sway within the Natuna Ocean cover. The reason of this investigate is to donate a more exhaustive understanding of the state of undertakings within the Natuna Ocean locale as well as Indonesia's eagerly for sea defense in connection to the South China Ocean struggle. Utilizing regulating lawful audit procedures, this examination was made. This ponder highlights Indonesia's oceanic sway based on related national laws and the 1982 UN Tradition on the Law of the Ocean (UNCLOS). In any case, China claims sway over the locale utilizing the Nine Dabbed Line Outline. In order to protect its sway and marine security within the Natuna Ocean, Indonesia must act rapidly to address this matter by reinforcing its equipped powers and discharging a challenge note. In this way, settling this oceanic debate and supporting Indonesia's position in ensuring its sway depend on an mindfulness of and adherence to worldwide law. 
Small-Scale Artisanal Mining Access Rights: Framing the Welfare State in Realising Social Justice Rohman, Arif; Syafruddin, Syafruddin; Zein, Yahya Ahmad; Silviana, Arina
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.v23i3.4446

Abstract

Natural resources are utilized for the development and community welfare. Economic potential, however, is made easy by the community so that illegal mining occurs, even though the government accommodates access rights for the community. The purpose of this article is to analyze the existence of rights for the community to access minerals and coal mining. The approach used is a doctrinal approach. The research results: first, limitations and permit procedures become obstacles to individual access. Secondly, post-mining environmental restoration is imposed on local governments so that it becomes a tug of war in considering economic potential and post-mining obligations, which ultimately hinders the fulfillment of community access rights. As a welfare state, government policies related to this matter should consider allocating community mining areas with potential mineral content and preparing human resources through training to create security for the community and awareness of environmental damage.
Comparative Study of the Transformation of Legal Methods in Implementing Online Marriages Between Indonesia and Singapore from a Positive Legal Perspective Maskanah, Ummi
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.v23i3.4448

Abstract

This research explores the use of information technology in carrying out marriage contracts, especially via video teleconference, which has become commonplace during the COVID-19 pandemic. An example of an online wedding includes a couple from Singapore who were permitted by the Registry of Marriages (ROM) to have a virtual ceremony. In the context of Islamic law, a marriage contract via teleconference shows the flexibility of sharia in facing changing times, with the concept of mashlahah (benefit) which allows reform and reinterpretation to achieve benefits. In Indonesia, although the Marriage Law does not explicitly regulate marriage via telecommunications, the decision of the South Jakarta Religious Court No. 1751/P/1989 became jurisprudence that recognized the validity of online marriages as long as the identities of the parties involved could be ascertained. Article 14 of the Compilation of Islamic Law (KHI) requires the presence of the bride and groom, guardians, witnesses, and the marriage contract in one assembly, which in teleconference conditions can be fulfilled with real-time images and sound. In Singapore, virtual marriages are officially regulated by law which allows marriage ceremonies to be conducted online with witnesses and guardians present virtually. A comparison between the two countries shows that although the technical procedures are similar, Singapore has clearer and more structured regulations compared to Indonesia. This research highlights the importance of legal flexibility and adaptation to social dynamics, ensuring that legal processes remain relevant to current developments.

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