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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 1,653 Documents
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Factors Influencing the Emergence of Hate Speech in the Handling of Land Conflicts in North Sumatra Afifi Lubis; Hasan Sazali; Hasnun Jauhari Ritonga
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.v23i3.5184

Abstract

This study aims to analyze the factors that influence the emergence of hate speech in handling land conflicts in North Sumatra. This study uses a qualitative method with a case study approach. The data for this study are sourced from observations, interviews, and literature reviews. The data for this study were analyzed through data reduction, data presentation, and drawing conclusions. The validity of the research data was determined through triangulation techniques. This study shows that land conflicts in North Sumatra, especially in the former HGU PTPN II land since 2002, were triggered by unclear land regulations, legal uncertainty, and high economic value, which exacerbated social tensions and hate speech. Competition between local communities, large companies, and local governments is heating up due to the spread of unverified information on social media and the slow response of the government, which has led to public distrust. Additional factors such as imbalance of power, socio-cultural differences, and lack of communication education and uncontrolled use of technology exacerbate the conflict. Proposed solutions include clear land regulations, effective communication strategies with neutral mediators, government transparency, judicious use of social media, and training of mediators and empowerment of local communities to strengthen social cohesion and achieve inclusive and sustainable conflict resolution.
Legal Certainty Of Provision Of Land And Building Rights Acquisition Reduction Facilities For Foundations (Study in North Sumatra) Tulus Januardi Tua Panjaitan; Muhammad Arifin; Ramlan Ramlan
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.v23i3.5190

Abstract

The issuance of Law Number 1 concerning Financial Relations Between the Central Government and Regional Governments has had a negative effect on foundations. Based on the results of the study, it was found that the regulation on the provision of BPHTB reduction or exemption facilities owned by foundations is an order from Law Number 28 of 2009 concerning Regional Taxes and Regional Levies, which was then followed by the issuance of Law Number 20 of 2000 concerning Amendments to Law Number 21 of 1997 concerning Land and Building Acquisition Fees. The issuance of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (HKPD) eliminates these facilities. There is a lack of synchronization in the implementation of Law Number 1 of 2002 with the regent/mayor regulations regarding the provision of BPHTB reduction or exemption facilities for foundations, considering that these regulations are still based on the old law. Law Number 7 of 2021 concerning the Harmonization of Tax Regulations is an important momentum for efforts to harmonize and synchronize taxation, including between laws and regulations and regional regulations (perda) related to taxation. Including the regulation that regulates the provision of BPHTB relief or exemption facilities for foundations. Law Number 7 of 2021 concerning the Harmonization of Tax Regulations is an important momentum for efforts to harmonize and synchronize taxation, including between laws and regulations and regional regulations (perda) related to taxation. Including the regulation that regulates the provision of BPHTB relief or exemption facilities for foundations
MORAL EDUCATION AS A REINFORCEMENT OF LEGAL EDUCATION IN AN EFFORT TO ACHIEVE PUBLIC COMPLIANCE WITH THE LAW rd. Dewi Asri Yustia
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.v23i3.5191

Abstract

Legal education is one of the efforts made to provide legal awareness for the community, this needs to be done because it sees the phenomenon of increasingly rampant legal problems carried out by the community. If you look at the data on violations of the law released by the National Police, namely 276,507 crimes that occurred in Indonesia throughout 2022, and increased by 7.3% compared to the previous year, so it is estimated that crimes occur every 2 minutes when calculated every hour. Looking at the data, it can be seen that legal education that continues to be built and provided as if there is no benefit, no impact, so that it is as if legal education does not have any impact on changing people's behavior. How to strengthen legal education as an effort to provide legal awareness for the community, and how to model the right educational collaboration so that legal compliance by the community can be achieved. This study is the result of legal research using the legal approach and the norm approach as the basis of philosophy. Legal awareness is the awareness that exists in every human being about that law, a certain category of our lives by distinguishing between legal and non-law. Awareness of what law is means awareness that law is the protection of human interests, because law is a rule that has a function to protect human interests.
Comparison of Corruption Criminal Law in Indonesia and China: Analysis of Sanctions and Implementation Sumertak Sumunar; Sidik Sunaryo; Haris
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

Abstract

Corruption is a serious problem that affects stability and development in many countries, including Indonesia and China. These two countries have different approaches in terms of regulating sanctions and implementing punishments against corrupt actors. This study aims to conduct a comparative analysis of how the criminal law of corruption is regulated and implemented in Indonesia and China. Departing from the above problems, the author takes three formulations, the first problem is how the regulation of the threat of death penalty in corruption crimes in Indonesia and China differs? Second, how is the regulation of the threat of death penalty in corruption crimes in Indonesia and China similar? And third, how does the regulation of the threat of death penalty in corruption crimes in Indonesia compare with China? In this study, the author uses a normative research method, which is often referred to as doctrinal legal research or literature research. The results of this study are that overall, China tends to have heavier and stricter criminal sanctions in dealing with corruption compared to Indonesia, with the use of the death penalty being an option in extreme cases. On the other hand, Indonesia has shown a focus on restoring state losses and additional law enforcement to increase effectiveness and accountability in the eradication of corruption. Although China's approach to corruption punishment is very firm, not all elements can be adapted to improve the system in Indonesia Keywords:Corruption Criminal Law; China; Indonesia
Law Enforcement of The Criminal Act of Distribution of Cigarette Without Excise (Empirical Review of The Enforcement of Law Number 39 Of 2007 at Kediri Customs) Meylina Sanggarningrum; Sidik Sunaryo; Haris
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.v23i3.5207

Abstract

Abstract  Received: 2024-10-12 Revised: 2024- 10-23 Accepted: 2024-12-11   Keywords: Law enforcement, Duty Free Cigarettes, Law Number 39 of 2007 Weak law enforcement regarding the circulation of cigarettes without excise stamps in the Kediri Customs and Excise area, causing huge losses to the state. The aim of this research is to determine law enforcement regarding the distribution of cigarettes without excise stamps in the City of Kediri based on Law Number 39 of 2007 and the ideal solution in overcoming the problem of law enforcement regarding the distribution of cigarettes without excise stamps in the City of Kediri. This research is empirical legal research. This research uses primary data, namely the results of interviews with Kediri City Customs and Excise regarding law enforcement for the criminal act of distributing cigarettes without excise stamps as well as secondary data using the provisions of Law no. 39 of 2007 and other regulations relating to excise crimes, legal books, legal theory, and previous research that is considered relevant. The research uses descriptive analytical techniques. The results of this research show that the number of perpetrators who commit criminal acts is not comparable to the number of law enforcement officers who are in the field enforcing cigarette excise tax distribution. The relatively minimal facilities for arresting individuals involved in distributing cigarettes without excise stamps, as well as the lack of knowledge of the public who do not understand the existence of cigarettes without excise stamps, are problems in implementing law enforcement against the distribution of illegal cigarettes. Efforts to overcome the problem of law enforcement regarding the criminal act of distributing cigarettes without excise stamps in Kediri City can be done by collaborating with other law enforcement agencies, carrying out stricter supervision, and adding units or work units to APH on a smaller scale to be distributed in areas of authority. Kediri City Customs office      
Implementation of Library Transformation Policy Based on Social Inclusion of the Central Sulawesi Provincial Library and Archives Office Yuniarti Yunus; Daswati Daswati; Nawawi Natsir
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.v23i3.5208

Abstract

The This study examines the implementation of social inclusion-based library transformation policy in the Library and Archives Service of Central Sulawesi Province. Using a qualitative descriptive approach, this research analyzes the planning, implementation, monitoring, and evaluation processes of the policy. Factors influencing policy implementation are identified, including leadership commitment, budget support, and challenges related to human resources and infrastructure. The findings indicate that despite facing several obstacles, this policy has positively impacted increasing public access and participation in library activities. Recommendations include enhancing human resource capacity, strengthening stakeholder collaboration, and conducting regular evaluations to ensure policy effectiveness in realizing inclusive libraries in Central Sulawesi
Authority And Responsibility Of A Notary In Making A Financing Agreement At A Sharia Banks In The Form Of A Notary Deed Muhammad Syukran Yamin Lubis
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.v23i3.5209

Abstract

The development of the Islamic banking industry has contributed greatly to the economy in the city of Medan. The purpose of this study is to analyze the role of notaries in implementing Islamic financing agreements in the form of notarial deeds in the city of Medan. To analyze the legal certainty of Islamic financing agreements in the form of notarial deeds in the city of Medan. To analyze the reconstruction of the implementation of Islamic financing agreements in the form of notarial deeds in the city of Medan. This type of research is normative juridical, namely research obtained from the results of data collection through literature studies. The data source in this study is secondary data, namely data obtained from literature searches, which come from primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results, it can be understood that the Authority of Notaries in Making Financing Contracts at Islamic Banks in the Form of Notarial Deeds is based on their authority as regulated in the provisions of Article 15 paragraph (1) of the Notary Law. In making financing contracts, notaries follow all provisions of laws and regulations regarding the making of Notarial deeds and all the pillars and requirements for making contracts, and pay attention to the contents of the deed so that they can avoid anything prohibited by Islamic law. Meanwhile, the form of responsibility of notaries for their mistakes in making financing contracts for Islamic banking is in the form of responsibility in terms of civil law, criminal law, administrative law and even responsibility in terms of Islamic law
RESTORATIVE JUSTICE AS ACCESS TO JUSTICE FOR CHILD VICTIMS OF CRIMINAL ACTS IN THE CRIMINAL JUSTICE SYSTEM Ani - Triwati; Kadi - Sukarna; Heru - Nuswanto
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.v23i3.5214

Abstract

Restorative justice in resolving criminal cases requires justice with balance and peace. Balance obtains justice for perpetrators, victims, and affected communities. Peace aims to restore the situation or relationship that has been fractured between the perpetrator and the child victim and his family, including the recovery of the community affected by the criminal offense. Restorative justice is fundamental for child victims to obtain justice as part of recovery. The type of research used is normative juridical with descriptive-analytical research specifications and qualitative data analysis. Child victims of criminal acts require special protection and treatment to recover both physically and psychologically. Child victims obtain access to justice in a restorative justice approach with the fulfillment of elements including admission of guilt, forgiveness, and restoration of circumstances. For perpetrators of criminal acts, admission of guilt, forgiveness, and compensation are access to peace with the victim.
The Urgency Of Regional Expansion In The Territory Of West Java Province Based On The Principle of Justice Hasyim Adnan
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.v23i3.5220

Abstract

Regional division is a way that is expected by the regions so that the regions can develop and advance the welfare of their people both in terms of infrastructure, education, regional income, and increasing their human resources. The plan for regional expansion in the West Java Province area is based on a proposal from the West Java Provincial Government which was then approved by the West Java Regional People's Representative Council (DPRD). The eight regions to be expanded include South Tasikmalaya Regency, North Garut Regency, South Garut Regency, South Cianjur Regency, North Sukabumi Regency, East Bogor Regency, West Bogor Regency and West Indramayu Regency. Justice in the expansion of the area will be felt by the people who are in the province of West Java, especially in terms of equal distribution of public services and equitable development. This study uses normative juridical and analytical descriptive methods. The conclusion is that regional expansion in the West Java Province region must continue to be carried out, so that areas that are difficult to achieve can experience an even distribution of development.
Analyzing the Efficacy of Restorative Justice Practices in Criminal Law Makkah HM; Andrew Shandy Utama; Bucky Wibawa Karya Guna; Andri Kurniawan; Aat Ruchiat Nugraha; Suhardy Suhardy; Ahmad Zain Sarnoto; Alex Irawan Triantho
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

Abstract

This study aims to analyze the effectiveness of restorative justice practices in the context of criminal law. Restorative justice is an alternative approach that focuses on restoring relationships between perpetrators, victims, and society through dialogue and out-of-court settlements. With the growing idea that traditional criminal justice systems are often more repressive than rehabilitative, restorative justice offers a new paradigm that emphasizes perpetrator responsibility, victim recovery, and active community involvement. This study uses case study methods and literature reviews to evaluate the extent to which restorative justice practices are able to achieve their main goals, namely reducing recidivism, recovering victims, and reintegrating perpetrators. The results show that, while restorative justice is effective in some contexts, its implementation is often hampered by a lack of understanding, a supportive legal framework, and resistance from traditional legal systems. In conclusion, although restorative justice has great potential in improving the weaknesses of the conventional criminal justice system, further development is needed in policy and application to ensure its success more broadly.

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