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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.
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Articles 1,631 Documents
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The Role of Health Policy in Addressing the Hazards of Smoking: A Case Study of Law No. 36 of 2009 and Scientific Research Perspectives Setiadin, Setiadin; Suradika, Agus; Samudra, Azhari Aziz; Murod, Ma'mun; Satispi, Evi; Ristiawati, Tia; Saefudin, Arif
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.v23i3.4740

Abstract

This study was conducted to review the extent of the views of researchers in reviewing the implementation of Law No. 36 of 2009 concerning Health, especially related to the dangers of smoking through various fields of science and analysis of various problem focuses. The objectives of this study include analyzing the scope of the most discussed issues in scientific articles related to the implementation of Health Law No. 36 of 2009 on the dangers of smoking. The method used in this research is a literature study with a qualitative approach, using the literature study method and secondary data from the review of 35 scientific articles that have been published before August 2023. This research uses the PRISMA (Preferred Reporting Items for Systematic Review) systematic review method, which includes identification, screening, inclusion, and eligibility, and is then analyzed based on article findings. The results of the study showed that, of the many scientific articles on research that have been published, five problem areas were found to be the most widely discussed, namely: (1) the dangers of exposure to cigarette smoke, (2) smoke-free areas, (3) behavior in social relationships, (4) prevention efforts, and (5) smoking cessation efforts. These five focus issues have added to the discussions regarding the implementation of Law No. 36/2009 on Health related to smoking. This research provides insight into various aspects of health policy implementation related to the dangers of smoking. It emphasizes the need for further evaluation and action to improve the effectiveness of this policy.
Resolution of Inheritance Disputes in Gayo Society through Mediation: Perspective of Welfare and Gender Justice Bustami, Kasdim; Saleh, Fauzi; Nurdin, Ridwan
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.v23i3.4741

Abstract

The resolution of inheritance disputes in the Gayo Lues community, where women are disadvantaged (discriminated against) or receive injustice in the distribution of inheritance, leads to conflicts, disputes, and hostility within the family, causing disharmony within the family, society, culture, and customs. As a result, women in the Gayo Lues community do not fully receive their inheritance rights. Dispute resolution outside the court is called alternative dispute resolution (ADR). This research was conducted in Gayo Lues Regency, using a descriptive qualitative approach. The policy and implementation of mediation in resolving inheritance disputes are carried out through family deliberation, as the goal of "beredet" (family deliberation) is "dame" or "mupakat jeroh" (peace or mutual agreement). In resolving and dividing inheritance in the Gayo Lues community, women do not participate at all and do not receive any part of the inheritance. Women face obstacles in reaching their maximum potential due to gender injustice and inequality. The concept pursued in resolving inheritance disputes between men and women in the Gayo Lues community includes "mupakat jeroh" (deliberation), "timang rasa" (sense of justice), and peaceful means ("dame").
Effectiveness of Trading Regulations Through Electronic Systems as an Effort to Prevent Predatory Pricing in Indonesia Jannatul, Rahma; Joko, Leli
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.v23i3.4764

Abstract

TikTok has various creative video content, such as comedy, tutorials, dance, and more. The TikTok application also has a TikTok Shop feature specifically designed for businesses. Still, the increasing use of TikTok Shop has triggered criticism from conventional merchants because many have lost buyers due to TikTok Shop and the Indonesian Government. This is due to predatory pricing practices carried out by TikTok Shop. Predatory pricing is the practice of monopolizing the price of goods to drop prices and harm competitors. This study aims to analyze the effectiveness of the Minister of Trade Regulation Number 31 of 2023 in dealing with predatory pricing in TikTok shops. This research is a normative juridical research using a statutory and historical approach and descriptive data analysis. The results of the study, according to Lawrence M. Friedman's legal system theory, to see whether or not a relationship is effective need to be seen from three elements, namely the structure of law, the substance of the law, and legal culture. Minister of Trade Regulation No. 31 of 2023 has a legal substance that separates e-commerce from social media to overcome predatory pricing and the invasion of cheap foreign goods. However, removing TikTok Shop may create a void in material laws related to electronic commerce in Indonesia, especially if certain aspects related to predatory pricing still need to be comprehensively covered. Special supervision involves the authorities monitoring and guaranteeing clear information from online stores and supports the formation of trusted guarantors. The government is expected to formulate effective regulations to regulate similar applications.
The Effectiveness of Yogyakarta City Regional Regulation Number 1 of 2022 on Waste Management in Tourism Cities Astuti, Sri Indah; 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.v23i3.4768

Abstract

Sustainable waste management is an important issue in Yogyakarta, where Yogyakarta is a tourist city with the most visitors annually. To overcome the overflowing waste disposal at the Piyungan Integrated Waste Disposal Site (TPST), Bantul, the regional government of the city of Yogyakarta created a new Regional Regulation to update the Yogyakarta City PERDA No. 10 of 2012 became No. 1 of 2022. This PERDA regulates that Yogyakarta waste management can be carried out by the community independently, starting from sorting, re-management, and obtaining incentive funds as support from the local government as a form of motivation. However, in this PERDA, visitor waste management needs to be considered, which cannot be handled again by the community and temporary waste storage depots. Visitors still need to be made aware of independent waste management in Yogyakarta. This ultimately makes people unable to manage their waste independently, which has dangerous effects on health and creates smelly waste in the city of Yogyakarta.
Acceleration of Legal Reformulation Regarding Non-Conviction Based Asset Forfeiture in Indonesia Wiwoho, Shri Hardjuno
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.v23i3.4783

Abstract

Pemberantasan tindak pidana korupsi menjadi agenda penting di Indonesia, dan salah satu aspek krusialnya adalah perampasan aset hasil tindak pidana tersebut. Namun, Indonesia saat ini belum memiliki regulasi yang secara khusus mengatur perampasan aset tanpa tuntutan pidana (non-conviction based asset forfeiture), sehingga reformasi hukum dalam hal ini sangat penting untuk dilakukan dengan mempertimbangkan aspek kepastian hukum dan perlindungan hak-hak warga negara. Tujuan penelitian ini adalah mengkaji praktik perampasan aset tanpa tuntutan pidana (Non-Conviction Based Asset Forfeiture) di negara-negara lain yang telah menerapkannya secara efektif, serta merumuskan desain model perampasan aset tanpa tuntutan pidana yang ideal untuk diterapkan di Indonesia dengan mempertimbangkan aspek kepastian hukum. Penelitian ini akan menggunakan metode penelitian hukum normatif dengan pendekatan konseptual dan pendekatan perundang-undangan. Sumber bahan hukum yang akan digunakan meliputi bahan hukum primer, sekunder, dan tersier, dengan teknik pengumpulan data melalui studi kepustakaan (library research) dan analisis data kualitatif secara sistematis dan mendalam. Hasil penelitian memaparkan bahwa praktik perampasan aset tanpa tuntutan pidana (Non-Conviction Based Asset Forfeiture) telah diterapkan secara efektif di beberapa negara seperti Amerika Serikat, Italia, dan Inggris dengan pengaturan yang berbeda-beda. Meskipun efektif, negara-negara tersebut juga menetapkan mekanisme pengawasan dan perlindungan hukum untuk memastikan penerapannya dilakukan secara adil dan sesuai dengan prinsip-prinsip hukum yang berlaku. Desain model perampasan aset tanpa tuntutan pidana yang ideal untuk diterapkan di Indonesia harus didasarkan pada prinsip-prinsip hukum seperti asas legalitas, due process of law, praduga tidak bersalah, dan proporsionalitas dengan menetapkan dasar hukum yang kuat, mekanisme peradilan yang adil dan transparan, standar pembuktian yang ketat, upaya hukum bagi pemilik aset, pembentukan lembaga khusus yang independen dan diawasi, perlindungan terhadap pihak ketiga beritikad baik, kerjasama internasional, transparansi pengelolaan aset, serta pengawasan dan evaluasi yang ketat.
Reconceptualization of the Recognition of the Unity of Customary Law Communities in Indonesian Legislation Suriadiata, Irpan
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.v23i3.4785

Abstract

This study investigates the recognition of customary law communities in Indonesian legislation, with the objective of redefining the notion to better align with the evolving dynamics of customary law communities and the requirements of contemporary legal systems. This study employs a normative technique, which involves a systematic analysis of positive legal provisions, as well as an empirical sociological approach that encompasses the identification of unwritten laws and research on the efficacy of the law. The data utilized comprises primary, secondary, and tertiary legal sources, obtained by traditional documentation research methods and information technology. The study findings suggest that current legislation has not adequately addressed the presence and rights of customary law communities. Hence, it is imperative to develop a more inclusive and cohesive reinterpretation of the notion of recognition that not only acknowledges the presence of customary law communities, but also ensures the effective safeguarding and enhancement of their rights. This study aims to enhance the development of legal policies that are more equitable and more aligned with the requirements of customary law communities in Indonesia.
Analysis Of Twitter's Social Media Usage In Russia-Ukraine War In 2022 Martin, Ali; Hartati, Anna Yulia; Riyanto, Agus; Ismiyatun, Ismiyatun
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.v23i3.4789

Abstract

Russia's invasion of Ukraine occurred on February 24, 2022, followed by an information war that occurred on social media. Ukraine, which is inferior in terms of the number of weapons compared to Russia, certainly took advantage of this momentum to win the information war circulating on social media. Therefore, the narrative, in the form of persuasion or pressure, was carried out by official accounts from the Ukrainian government and officials to put pressure on several parties. Twitter is used to win the information war and get support from all parties. There are three Ukrainian targets: foreign governments, foreign companies, and the public. Of course, this is Ukraine's move to be able to attack Russia, especially on the economic front. This study uses qualitative research methods and secondary data. The theory used in this research is international political communication theory
Analysis of Supporting and Inhibiting Factors in The Supervision of Importation of Dangerous Goods Efendi, Yusuf; Wanto, Alfi Haris; Domai, Tjahjanulin
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.v23i3.4799

Abstract

The Directorate General of Customs and Excise has duties mandated by law, one of which is as a community protector. Community protection is the function of customs to protect the public against the entry of dangerous goods that are prohibited or restricted from importing by statutory provisions. In carrying out supervisory activities in carrying out the function of a community protector, it is necessary to analyze the supporting factors and inhibiting factors to achieve maximum tasks. The purpose of writing this paper is to find out the supporting factors and inhibiting factors in supporting the supervision activities carried out by customs in carrying out the community protector function in protecting the Indonesian people from the entry of dangerous goods. The author uses qualitative research methods with data collection techniques using interviews, observation and documentation. From the research conducted, it can be concluded that the supporting factors of supervision activities are the number of human resources, and the adequacy of supervision tools, all activities have used a computer service system. The inhibiting factors are not all people understand the provisions of customs, notification of imports of goods by self-assessment, intelligence analysis is still manual, limited human resources in intelligence analysts and potential safety threats to customs and excise officers.
The village-owned enterprise in the Context of the Villagers’ Welfare Kamil, Muhammad Ikhsan; Isnani, Atin Meriati
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.v23i3.4810

Abstract

Village-owned enterprises is an important entity in the Indonesian democratic economic system that aims to improve the well-being of the villagers. The economic democratic system in the village refers to the principle that the village economy is managed and planned by the villagers in accordance with their potential, on the basis of family and royong gotong. The research emphasizes that Village-owned enterprises was established to accommodate all economic and public service activities managed by the village or inter-village cooperation, in accordance with Government Regulation No. 11 Year 2021. The main objective of Village-owned enterprises is to increase the prosperity of the people of the village through economic independence and the application of the principles of economic democracy. As a legal body, Village-owned enterprises, is expected to comply with applicable regulations and laws with high transparency and accountability, as well as ensuring the sustainability of programs that benefit the village community. Public participation in decision-making is also the key to achieving shared happiness and well-being. Philosophically, Village-owned enterprises should be able to fill the void in village development and not replace existing economic activity. With professional management and integration into local and national economic systems, Village-owned enterprises is expected to improve the well-being of the villagers sustainably
Legal Analysis of the Implementation Process of Simultaneous Village Head Elections In East Lombok Based on The Stipulations of Law Number 6 of 2014 Ihsan, Khaerul; Jiwantara, Firzhal Arzhi; Hasanah, Siti
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.v23i3.4813

Abstract

Based on the terms of Act No. 6 of 2014 on the village, this study focuses at the implementation stage of the election of a village chief in the eastern Lombok district. The purpose of this study is to examine the legal processes that must be followed in order to choose a village chief and how these rules are actually implemented in the field. This research combines literary studies, legislative-legislative techniques, and normative jurisprudential procedures. The study's findings demonstrated that the East Lombok district's simultaneous head of village election has been conducted in accordance with the procedures outlined in Act No. 6 of 2014, which include the stages of preparation, candidate registration, campaigning, voting, tabulating votes, and determining the election's outcome. Nonetheless, there are several implementation roadblocks that must be overcome, like the public's poor socialisation of legislation and technical issues with the voting procedure. In order to make future improvements to the village chief election system, this article recommends increased socialisation, training for the election committee, and continuous evaluation.

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