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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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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. 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.v23i3.4785

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. 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.v23i3.4789

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. 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.v23i3.4799

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. 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.v23i3.4810

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. 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.v23i3.4813

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.
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. 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.v23i3.4825

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. 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.v23i3.4833

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. 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.v23i3.4846

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. 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.v23i3.4847

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. 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.v23i3.4857

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.

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