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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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Strategies to Prevent Illegal Importation of Dangerous Goods as an Effort to Build National Resilience Wanto, Alfi Haris; Efendi, Yusuf; Domai, Tjahjanulin
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.v23i3.5056

Abstract

The Unitary State of the Republic of Indonesia (NKRI) is a country that is mostly archipelago. The era of globalization makes the state continue to evaluate its defense capabilities in the face of threats whose forms and patterns have changed, including the entry of dangerous goods. Customs and Excise is one of the law enforcers at sea, primarily related to supervising customs and excise activities. The purpose of writing this paper is to prevent strategies to prevent the illegal importation of dangerous goods in building national resilience by the role of customs and excise as a community protector by using 4 (four) strategy implementation factors, namely management, organizational structure, organizational culture, and organizational information systems. The author uses qualitative research methods with data collection techniques, such as interviews, observation, and documentation. From the research conducted, it can be concluded that the placement of employees has not included particular expertise, the existence of joint programs to maximize supervisory activities, the use of machines in supervisory activities, the leadership has encouraged organizational culture, the organizational structure is by the regulations, the creation of the AN.TA.RE.J.A application (analyzing, targeting and reporting for joint programs) in supporting supervisory activities.
The Role of the Indonesian Government in the Legal Protection of Indonesian Migrant Workers Rohani, Aceng Asnawi; Gunawati, Anne; Agus, Dede; Romdanah, Siti; Suhadi, Aris; Suryanti, Lili; Fasyehhudin, Mohammad; Candra Jaya, Beni Prawira
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.v23i3.5058

Abstract

Legal protection of Indonesian Migrant Workers continues to be pursued, especially because of the many rights violations and inhumane treatment experienced by some Indonesian Migrant Workers. So that this phenomenon requires serious attention, both at the national and international levels. The purpose of this study is to examine and find out how the legal protection of the rights of Indonesian workers in national and international law and whether the role of the Indonesian government has been implemented in protecting the rights of Indonesian workers abroad. The research method used is normative juridical, with an approach that focuses on law as a system of norms.  This system of norms includes the principles, rules, and guidelines of the applicable law, including agreements and theories put forward by experts. This research highlights the government's efforts to build and implement a legal framework to support the rights of Indonesian Migrant Workers. However, there are still challenges that need to be addressed, such as improved monitoring and enforcement to ensure the policy is implemented effectively. This research provides greater insight into the dynamics of the Indonesian government's role in protecting workers' rights, with the aim of making this protection more effective and comprehensive.
Criminal Policy About Vigilantism Against Suspected Criminals Nasution, Shulhan Iqbal
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.v23i3.5061

Abstract

Tindakan main hakim sendiri terhadap terduga pelaku tindak pidana merupakan fenomena di Provinsi Sumatera Utara yang melanggar berbagai nilai Pancasila, berbagai asas, berbagai ketentuan pasal dalam peraturan perundang-undangan, dan juga ketertiban umum. Tindakan main hakim sendiri terhadap terduga pelaku tindak pidana merupakan tindak pidana kekerasan yang merupakan masalah sosial, yang harus dicegah dan ditanggulangi melalui kebijakan kriminal. Penelitian ini mengkaji kebijakan kriminal terkini mengenai tindakan main hakim sendiri terhadap terduga pelaku tindak pidana. Sehubungan dengan itu, penelitian ini menggunakan Teori Kebijakan Kriminal, difokuskan untuk mengkaji kebijakan kriminal terkini mengenai tindakan main hakim sendiri terhadap terduga pelaku tindak pidana. Penelitian ini merupakan jenis penelitian normatif. Metode yang digunakan dalam penelitian ini adalah metode penelitian yuridis normatif. Penelitian ini bersifat analisis preskriptif, dengan menggunakan berbagai jenis data dalam penelitian hukum. Hasil penelitian menyimpulkan bahwa kebijakan kriminal terkini mengenai tindakan main hakim sendiri terhadap terduga pelaku tindak pidana dapat ditegaskan dengan ketentuan Pasal 170 jo Pasal 351 KUHP. Kebijakan kriminal saat ini mengenai tindakan main hakim sendiri terhadap tersangka pelaku tindak pidana kejahatan nonpenal, dapat diperkuat dengan adanya himbauan dari Pemerintah melalui Kepolisian, khususnya melalui Kepolisian di Provinsi Sumatera Utara .
An Analysis of Justice in Tapera Based on the Perspective of Jurgen Habermas' Critical Theory and John Rawls' Theory of Justice Firdaus, Kusuma; Utama, Yos Johan; Putrijanti, Aju
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.v23i3.5062

Abstract

Government Regulation Number 21 of 2024 was designed and issued to help Indonesian people who need financial support to own their first home. However, a few days after the regulation was enacted, the People's Housing Savings (Tapera) policy drew criticism from the public. This program is considered to burden low-income workers and is not fair enough for people from the middle to upper income group. This research aims to apply both theories, namely Jurgen Habermas's Critical Theory and John Rawls' Theory of Justice in the context of the Tapera Program.This research is a normative legal research using a statute approach. Data collection was carried out through literature studies of various legal sources and journals about Tapera.  The results of the study show that based on the perspective of Jurgen Habermas's Critical Theory and John Rawls' Theory of Justice, he emphasizes the importance of transparency, active participation, and protection of individual rights in the implementation of Tapera's policies. Based on Habermas' perspective, an inclusive public space is needed to ensure the participation of all parties in discussions and decision-making related to Tapera, with the aim of achieving social justice through rational communication. Meanwhile, Rawls' theory of justice emphasizes equal access to basic opportunities and a fair distribution of benefits for Tapera participants, regardless of social or economic status. The evaluation of Tapera's policies needs to consider these aspects to ensure justice in accordance with the social and democratic principles advocated by these two theories.
Reforming State Administration Law in the Digital Era: The Impact on Public Policy Efficiency Arifin, Firdaus
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.v23i3.5078

Abstract

The evolution of state administrative law in the digital era has become imperative to accommodate the ever-changing advancements in technology. Utilising technology in public administration can improve accountability, transparency, and public participation. The objective of this study is to examine the necessity of reform in state administrative law in Indonesia in response to the problems posed by the digital era, specifically in relation to the execution of technology-driven public policy. The strategy employed is a normative legal methodology, which involves analysing literature and relevant rules. The research findings suggest that the existing legislative framework for administration does not adequately facilitate the efficient deployment of digital technologies in government. There is a pressing requirement for the establishment of regulations that are more suited to accommodate technological progress. This research highlights the significance of law reform and the establishment of digital infrastructure that enhances the efficiency of government in Indonesia. This change is anticipated to bolster accountability and transparency in the formulation of public policies, while also fostering greater community participation in the governing process.
POSITION OF SECURITIES INVESTOR PROTECTION FUND (SIPF) IN OPTIMIZATION OF INVESTOR PROTECTION OF LOSSES BECAUSE ITS CORPORATE EFFECTS IN CAPITAL MARKET CONNECTED WITH CAPITAL MARKET IN INDONESIA Gunawan, Margareth Nita
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.v23i3.5079

Abstract

Capital Market aims to support the implementation of national development in order to improve the distribution, growth and stability of the national economy towards the improvement of people's welfare. Therefore, investor protection should be protected. Investors protection is accommodated by Securities Investor Protection Fund (SIPF) as the organizer of capital protection fund in the capital market in Indonesia. This research aims to: (1) Knowing the position of the Security Investor Protection Fund (SIPF) in optimizing the protection of investors against losses due to the occurrence of crimes in the capital market; (2) Describes the settlement of investor losses due to capital market crime that can not be fulfilled by SIPF as the provider of investor protection fund in Indonesia capital market. The research method used is normative research using descriptive analytical research specification. The result of the research shows that: (1) The position of Securities Investor Protection Fund (SIPF) in optimizing investor protection against losses caused by crime in capital market is still very less; (2) Securities Investor Protection Fund (SIPF), in giving claims to investors is only Rp.100.000.000 (one hundred million rupiah) to this day and if there is a shortage of return on assets of investors, SIPF institution allows investors to sue securities companies in court, while the legal effort is divided into two, namely the civil lawsuit namely Article 1365 Civil Code and the criminal lawsuit namely Article 90 jo Article 104 Capital Market Law
Management of Drinking Water Supply System: Authority of Regional Government and Legality of Management by Business Entities Sesung, Rusdianto; Hadi, Syofyan; Riqiey, Baharuddin
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.v23i3.5085

Abstract

Private water resource control generally tends to follow capitalist and liberal market mechanisms which will result in a large consumer burden. If it follows capitalist and liberal market mechanisms, then what happens is profit oriented compared to fulfilling the needs and prosperity of the community or many people. Based on these problems, this study focuses on the Authority of Regional Governments in managing the Drinking Water Supply System. This study is a legal study using a legislative and conceptual approach. The results of this study indicate that Regional Governments have the authority to manage the Drinking Water Supply System. This is none other than because of the form of state control over water as regulated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia by forming a BUMD or UPTD. In addition, if an area does not yet have drinking water services by a BUMD or UPTD, the implementation of SPAM by the business entity is legally valid. Conversely, if an area already has drinking water services by a BUMD or UPTD, the implementation of SPAM by the business entity is not legally valid.
CRITICISM OF THE IMPLEMENTATION OF K3 CULTURE IN THE WORKPLACE ACCORDING TO THE LAW IN INDONESIA Andi Lala
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.v23i3.5089

Abstract

Occupational safety and health for workers are paramount, as workers are a means of production that must be fulfilled for their K3 rights. One of them is how the K3 culture that companies must implement and socialize with all workers. In writing this journal, the author uses a qualitative methodology with a normative approach and literature study, which can then be called doctrinal research. A literature study identified literature in laws and regulations, books, papers, journals, and other sources related to this research. The study results in this journal show that the author can conclude that implementing K3culture in the workplace at this time, especially in Indonesia, still needs to be considered fully implemented. Even in all the rules that discuss K3, the principles of implementing K3 culture have yet to be emphasized, even though K3 culture is essential in carrying out every job in every work sector.
Understanding and Awareness of Gender Equality in Divorce Laws in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia Hidayat, Eko; Liky Faizal; Abd. Qohar; Hilmi Yusron Rofi’i
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.v23i3.5090

Abstract

This article examines the understanding and awareness of gender equality in divorce cases in Lampung Province and its contribution to the reform of Islamic family law in Indonesia. The study aims to analyze the dominant factors in filing for divorce in Lampung Province, as well as the understanding and awareness of gender equality among divorce litigants from a mubādalah perspective. The research employs a qualitative method with field research. Data sources are obtained from a series of activities including interviews and observations conducted directly with judges handling divorce cases and litigants involved in divorce proceedings, complemented by secondary data from relevant scholarly works. Data analysis is performed qualitatively with a focus on the mentioned theories. The results indicate that in Lampung Province, economic factors are dominant in divorce cases, with husbands’ inability to provide for the family or wives feeling dissatisfied with the husband's provisions. The understanding and awareness of gender equality among divorce litigants are reflected in their attitudes towards women's rights, gender roles, and household division of labor, which often lead to injustice and divorce disputes. To achieve gender equality, it is recommended that changes be made to laws defining the roles of husbands and wives as mutually responsible partners in the household. This research contributes to the development of law in Indonesia by providing an in-depth analysis of the understanding and awareness of gender equality in divorce cases, particularly in Lampung Province
Legal Protection of Insurance Companies in Counter Insurance Products of Domestic Documentary Credit Letters (SKBDN) Containing Unconditional and Irrevocable Clauses Chumaida, Zahry Vandawati; Hutomo, Budiarmanto Setyo
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.v23i3.5103

Abstract

In order to carry out business transactions, various types of payment instruments are known to accommodate the business interests of the parties. One of these means of payment is a Domestic Letter of Credit (SKBDN). SKBDN is a written agreement made by the Applicant and the Opening Bank, to make promises of payment to the Beneficiary as a result of the existence of a sales contract. There are several types of SKBDN, one of which is the Usance SKBDN, which is a type of SKBDN that provides the applicant with the opportunity to fulfill his obligations within a certain period of time. This obligation certainly contains risks. In order to avoid risks, the Issuing Bank then collaborates with Insurance to guarantee the Usance SKBDN through the Contra SKBDN product. Generally, SKBDN contains unconditional and irrevocable clauses. This clause is absolutely binding, it does not give insurance the opportunity to avoid claims. Therefore, a comprehensive legal understanding is needed to understand the limits of the application of unconditional and irrevocable clauses in order to protect the legal interests of Insurance from various existing risks, including the risk of unlawful acts occurring in the process of issuing SKBDN and Kontra SKBDN.

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