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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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Imposition Of Criminal Sanctions for Minor Criminal Actions of Theft (A Case On Judgement Number 826/Pid.B/2023/Pn.Mtr) Mandasari, Santi; Harun, Rina Rohayu; Jiwantara, Firzhal Arzhi; Septyanun, Nurjannah
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.v23i3.4825

Abstract

The imposition of criminal sanctions for minor criminal actions, such as theft, presents a complex and multifaceted challenge for legal systems worldwide. This study examines the imposition of criminal sanctions for minor theft offenses, with a specific focus on the case adjudicated under Judgment Number 826/Pid.B/2023/Pn.Mtr. The research aims to analyze the legal reasoning behind the court's decision, the proportionality of the sanctions imposed, and the broader implications for the criminal justice system. Utilizing a qualitative approach, this study involves a detailed case analysis, reviewing court documents, and interviews with legal experts. Findings indicate that while the court adhered to statutory guidelines, there were significant considerations regarding the socio-economic background of the offender and the value of the stolen property. The study concludes that although the sanctions imposed were within legal parameters, there is a need for a more nuanced approach that considers restorative justice principles. This research contributes to the ongoing discourse on criminal justice reform, particularly concerning minor offenses, and advocates for policy adjustments that balance deterrence with rehabilitation.
Impact Of The Transformation Of The Consumer Protection Paradigm From Passive Consumers To Active Consumers Shofa, Praditya Amalia
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.v23i3.4833

Abstract

Consumer protection is a fundamental issue in modern economics, which not only involves the interaction between producers and consumers, but also involves various aspects of social justice, business ethics, and public welfare. In terms of consumer protection paradigm transformation from passive consumers to active consumers is an important phenomenon that needs to be understood in depth. That this transformation does not occur suddenly but is influenced by complex social, economic, and technological dynamics, and guided by relevant theoretical concepts. With this research, it is hoped that it can provide benefits for interested parties, deepen and carry out analyzes on the protection of passive consumers from active consumers, both from a theoretical and developing perspective. This research is qualitative research using normative juridical and descriptive design. The research results state that the transformation of passive consumers into active consumers is a continuous process and has a very significant (important) impact on consumer awareness of their rights. This increased awareness encourages consumers to be more active in making choices and demanding their rights. This change also encourages the formation of regulations that are more effective and responsive to consumer needs in the era of globalization. The paradigm shift from passive consumers to active consumers is a continuously developing process. In addition, consumers have become more active in seeking information, demanding rights, and protecting themselves from unfair business practices. This creates a fairer and healthier environment for consumers and encourages business actors to be more responsible in fulfilling consumer rights. The transformation of the passive consumer paradigm to active consumers is an important driving force for reform (change) in consumer protection policies at the national and international levels.
Analysis of the Sanction Imposition for Perpetrators of Environmental Pollution Due to Hazardous Waste in West Cikarang District: A Study of Decision No. 391/pid.b/lh/2019/PNckr Absori, Absori; Pamungkas, Yuli Prasetyo Tri; Sugeng, Esmara; Rizka, Rizka; Budiono, Arief; Bangsawan, Moh Indra
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.v23i3.4846

Abstract

This paper aims to analyze the imposition of sanctions for perpetrators of environmental pollution due to hazardous and toxic waste in West Cikarang District, Bekasi Regency, Indonesia. It was based on the enactment of the Republic of Indonesia's Law No. 32 of 2009 on Environmental Protection and Management. The research problems are: 1) How does the government apply criminal sanctions for the perpetrators of environmental pollution due to hazardous and toxic waste in West Cikarang District?; 2) What factors hinder the application of criminal sanctions related to hazardous and toxic waste in West Cikarang District and what efforts have been carried out to resolve such challenges?; and 3) What is the concept of criminal sanction application for perpetrators of environmental pollution? This paper employed the normative juridical research method, which involves an evaluation of related legal regulations (legislations). The results of this paper showed that: 1) The application of sanctions for perpetrators of environmental pollution due to hazardous and toxic waste in West Cikarang District must be carefully carried out. As a foundation for determining a verdict, judges must use Law No. 32 of 2009 on Environmental Protection and Management as a legal basis; 2) Some challenges or hindrances include the lack of legal certainty related to limitations in categorizing the types of committed actions and the yielded impacts; and 3) The process of criminal sanction imposition involves a series of actions that are planned to make sure that the perpetrators are responsible for their actions.
The Implementation of Regional Regulation Number 5 of 2021 Concerning Prevention of Child Marriage to Improve the Human Development Index in West Nusa Tenggara Karyati, Sri; Ulum, Hafizatul; Susilawati, Ika Yuliana
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.v23i3.4847

Abstract

Child marriage is a problem that has a negative impact on social and economic development, especially in the West Southeast Nusa Province. The high child marriage rate in West Nusa Southeast contributes to the low Human Development Index (HDI) in the region. To address this problem, the local government issued Regional Regulation (Perda) No. 5 of 2021 on Prevention of Child Marriages. The study aims to evaluate the implementation of the Perda and assess its impact on the increase in the Human Development Index in West Southeast Nusa. The method used in this research is a normative supported by empirical research. Based on the implementation of District Regulation No. 5 of 2021 on the prevention of child marriage in West Nusa Tenggara, so far it has not been implemented optimally both politically and institutionally. As a result, the objective of District Regulation No. 5 for 2021 has not been achieved optimally. Therefore, the political will of the West Southeast Nusa region's government needs to be committed to both legal policy, education policy, health policy and budgetary policy in favour of child marriage prevention.
Application for Bankruptcy Declaration or Suspension of Debt Payment Obligation for Developers Viewed from the Principles of Balance and Justice Faisal, Fedhli
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.v23i3.4857

Abstract

The aim of this research is to examine the implications of bankruptcy petition or postponement of debt payment obligations on developers in Indonesia, considering legal principles, particularly the principles of balance and justice within the framework of the Bankruptcy and Debt Payment Obligation Postponement Act (UU Kepailitan & PKPU). The background of this study encompasses the importance of legal certainty for consumers and developers in the context of fair and efficient financial settlements.  The research methodology employs a legal document analysis approach, involving literature review and case interpretation to evaluate the application of the Bankruptcy and PKPU Act on developers, and to analyze the impact of Supreme Court Regulation No. 03/2023 on court interpretations in relevant cases. The findings indicate that the Bankruptcy and PKPU Act provides a crucial legal framework to protect the interests of consumers and developers, but its application must carefully consider legal principles, particularly in proving facts or circumstances influencing decisions on bankruptcy or PKPU petitions. The implications of these findings underscore the need for courts to maintain a balance between creditors' rights and protection for debtors experiencing financial difficulties. Proposed recommendations include the necessity for clarity in legal interpretations, consistent implementation of the Bankruptcy and PKPU Act, and an approach favoring justice in every bankruptcy or PKPU petition decision.
Fundamental Principles and Relevance of Reviewing Factual Actions within the Authority of the State Administrative Court Suroto, Suroto
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.v23i1.4883

Abstract

The State Administrative Court (PTUN) plays a critical role in ensuring lawful and accountable governance. Traditionally, its purview focused on reviewing legal aspects of administrative decisions. However, recent developments grant the State Administrative Court authority to examine factual actions taken by the government. This article explores the fundamental principles underpinning this expanded authority. It delves into concepts like legality, proportionality, and good governance, analyzing how the State Administrative Court ensures these principles are upheld in factual actions. The article further analyzes regulations governing the State Administrative Court of various countries, including France, Netherlands, and England. By identifying similarities and variations in how these nations empower their SACs, the article presents a helpful perspective into best practices and potential challenges. Thus, this article offers valuable insights into the evolving role of SACs in promoting a more just and transparent administrative system.
The Implementation of Supervision Regional Financial And Asset Management Perspective Justice of Pancasila putro, wisnu sabdono
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.v23i3.4885

Abstract

Pancasila, as the foundational philosophy of the Indonesian State, encapsulates the fundamental values of justice that should serve as the guiding principle across all facets of national and state affairs, including the management, utilization, and oversight of regional finances and assets in an equitable, transparent, and accountable manner. The research methodology employed in this study is a normative juridical approach with a qualitative perspective bolstered by a thorough examination of relevant literature. The findings of the research underscore the imperative for all actions and policies pertaining to regional finances and assets to embody the principles of justice, transparency, accountability, and social welfare in accordance with the tenets of Pancasila. Nevertheless, the practical application of these principles is confronted by a range of challenges, such as a dearth of comprehension among Regional Government officials regarding the ethos of Pancasila and the presence of technical and administrative barriers hindering effective implementation. To address these challenges, it is vital to promote and enhance community engagement in monitoring the management of regional finances and assets. This can be achieved through the optimization of public education, fostering information transparency, fostering community participation in decision-making processes, and establishing easily accessible reporting mechanisms. These measures will not only enhance accountability in management practices but also ensure alignment with the overarching public interest. 
The Role Of A Dignified Judge Within The Scope Of Judicial Power In Indonesia Ibnususilo, Efendi; Suparto, Suparto; Akbar, Aryo; Taufiqurrahman, Faishal
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.v23i3.4889

Abstract

The supervisory function of the Judicial Commission at that time was met with a lot of resistance from judges, which eventually led to the submission of a judicial review of Law No. 22/2004 on the Judicial Commission to the Constitutional Court, which the Constitutional Court granted. With the granting of the judicial review petition, the Judicial Commission's supervisory function over judges ceased to exist. This raises the question of whether the judges will be able to carry out their duties fairly without external supervision. Purpose Study: Can these judges still carry out their duties fairly without external supervision? If so, then what is the role of these dignified judges within the scope of judicial power in Indonesia? This article uses normative legal research that analyzes relevant secondary data related to the role of dignified judges within the scope of judicial power. This research concludes that a dignified judge is a judge who works professionally based on ethical integrity, moral integrity and intellectual integrity. In order for this to be done, it is necessary to have supervision, both internally and externally. This research shows that there are still many judicial mafias in Indonesia, one of which comes from the judges themselves. this shows that there are still judges who do not work professionally by ignoring ethical and moral values so that many decisions are made that harm justice in society
The Interpretation of Article 127 of Law Number 35 of 2009 on Narcotics in Addressing Drug Abuse through Restorative Justice Wardika, Made; Harun, Rina Rohayu; Jiwantara, Firzhal Arzhi
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.v23i3.4890

Abstract

Narcotics crime refers to a range of illegal activities involving the distribution, purchase, sale, possession, and abuse of drugs without proper authorisation. These activities cause harm to both the broader community and the individuals involved. Restorative Justice has emerged as a response. Its primary focus is to resolve cases involving drug abusers who are addicted to narcotics. In addition to Restorative Justice, there is an alternative for rehabilitating narcotics abusers through the involvement of police investigators, the prosecutor's office, or decisions made by judges. The purpose of this study is to analyse the relationship between the interpretation and execution of Article 127 of Law No. 35 on Narcotics and Restorative Justice, based on literal interpretation. Based on the analyses, the enforcement of Article 127 of Law No. 35 of 2009 on Narcotics, which focuses on Restorative Justice, has been supported by multiple regulations. However, the law's implementation has not aligned with expected standards and legislation, leading to ambiguity in Article 112 and Article 127. This ambiguity creates opportunities for unscrupulous law enforcement to make illicit gains, increasing the incidence of drug-related offenses. The author proposes an immediate revision of Law No. 35 of 2009 concerning Narcotics due to the ambiguity in the law's article parts and the current legal framework's inability to effectively curb opioid misuse.
Reconstruction of Law Central Bank Digital Currency (CBDC) in Indonesia Jati, Ridho Bawana; Yuspin, Wardah; Budiono, Arief
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.v23i3.4893

Abstract

The current era of digitalization has made everything digital, including currency. Other countries' currencies have implemented a Central Bank Digital Currency (CBDC) or an official digital currency issued by a central bank, such as El Salvador, Bahamas, China and Nigeria. The background to this research is that until now, there has been no precise legal regulation for using this digital currency in implementing CBDC use in Indonesia, even though the digital currency has been implemented in several countries, as mentioned above. This research uses qualitative research methods by implementing the use of CBDC in Indonesia and examining relevant legislation using it. The next stage uses comparative techniques with several countries, namely Bahamas, China, and Nigeria. The results of this research found that CBDC in Indonesia still needs to have legal regulations or laws that clearly regulate the implementation of CBDC. Rules regarding this use Law Number 7 of 2011 concerning Currency. However, the issuance of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU P2SK) opens up opportunities for the issuance of CBDC. Apart from that, Bank Indonesia also launched a project called White Paper "Garuda Project". According to the project, CBDC will be issued in 2025, which increases the chances of CBDC being issued in Indonesia.

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