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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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Mandatory Zakat Law Mashlahat Perspective (Philosophical Analysis in Optimizing the Potential of Zakat in Indonesia) Muhammad Saleh
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.v23i3.5453

Abstract

This study discusses the urgency of reforming the zakat law in Indonesia from a voluntary system to a mandatory system from a maslahat perspective. Using a philosophical approach, this study analyzes the potential for optimizing zakat through three main theories: legal certainty, legal utility, and the theory of maslahat. In the context of legal certainty, the mandatory system will provide a solid foundation for implementing zakat, ensuring that every Muslim fulfills this obligation in an orderly manner. Regarding legal benefits, binding regulations are believed to increase the collection of zakat, which is then used for poverty alleviation and economic empowerment. Meanwhile, within the framework of the theory of maslahat, this change in regulations is considered to be able to realize social justice and common welfare as the primary goal of Islamic law. This study concludes that implementing the mandatory zakat system requires strong legal support, infrastructure readiness, and public education to increase collective awareness. This reform is expected to be a strategic solution to optimize the potential of zakat as an Islamic social financial instrument in Indonesia.
Communication Relations Of The Secretariat Of The Regional House Of Representatives Of North Sumatra Province In Improving Legislative And Executive Harmonization (Perspective Of Islamic Communication) Luthfi Solihin; Syukur Kholil; Elfi Yanti 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.v23i3.5454

Abstract

This research looks at the communication relations of the Secretariat of the Regional People’s Representative Council of North Sumatra Province in improving legislative and executive harmony (Islamic communication perspective). The research results show that the communication relationship between the Secretariat of the Regional People’s Representative Council (DPRD) of North Sumatra Province in improving legislative and executive harmonization can be concluded as follows: First, the communication relationship between the Secretariat (DPRD) of North Sumatra Province in increasing legislative and executive harmonization, namely: Secretariat ( DPRD ) North Sumatra Province has prepared agendas, logistics and meeting schedules between legislative and executive members, controlled information and documentation, has prepared meeting minutes and reports, has organized joint activities between the legislative and executive and has made public information. Second, the strategy used for North Sumatra Province Secretariat (DPRD) Communication Relations in Improving Legislative and Executive Harmonization, namely: The North Sumatra Province Secretariat (DPRD) has implemented a strategy to increase routine coordination and collaboration, implemented a strategy to strengthen internal communication, built a strategy of trust and relationships personal, implementing alignment of goals and shared vision to be able to work together better. Third, factors that influence obstacles to North Sumatra Province Secretariat (DPRD) Communication Relations in Improving Legislative and Executive Harmonization, namely differences in goals and interests, lack of transparency in communication, limited human resources (HR), unclear duties and responsibilities, political and social instability and differences in understanding of policy and the legislative process.
PROBLEMS THROUGH A GREEN ECONOMIC SYSTEM APPROACH Aldi Pebrian; Aullia Vivi Yulianingrum; Rahmatullah Ayu Hasmiati; Elviandri Elviandri
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.v23i3.5457

Abstract

Economic development will develop quickly if a green economic system is adopted. a green economic system that is oriented towards the relationship between ecosystem nature and the presence of human resource elements by prioritizing knowledge and technology. Changes in the economy from previously only about profit and welfare to a green economy that has environmental principles. Samarinda, as a supporting city for IKN, is one of the cities in East Kalimantan Province which is the center of attention for rice competitions. It cannot be denied that many immigrants who come do not bring the skills to become PMKS in Samarinda City. Referring to the principles of a green economy, namely prioritize quality, follow nature, waste can be recycled etc. The problem formulation of this research is regarding the legal arrangements for handling and handling empowerment people with social welfare problems in the form of policing in green spaces and what form of policy the Samarinda City Government takes in empowering people with social welfare problems through a green economy approach that prioritizes a livable city structure. The aim of this research is to find out legal regulations from an administrative and criminal perspective even civil law due to the relationship between the Samarinda City Government and the Community Incumbent Social Welfare Issues. Apart from that, to analyze the policy formulation of the Samarinda City government which prioritizes structuring room cities to reduce the risk of environmental damage. The conclusion of this research is that in terms of the legal structure it is adequate, where the Samarinda City Social Service is to assist in terms of empowerment while the Satpol-PP is tasked with carrying out handling. Substance the law is still there Not yet adequate, one of which is that the old regional regulations are still used and there are no guardians. Meanwhile, legal culture is also becoming Wrong Where is education for the community so that not giving money to PMKS and the lack of deterrent not giving money to PMKS and the lack of deterrent effect on those who have received training.
JURIDICAL ANALYSIS OF THE APPLICATION OF DIVERSION IN THE JUVENILE CRIMINAL JUSTICE SYSTEM AT THE INVESTIGATION LEVEL Hasbi Sahren; Harmono Harmono; Sanusi Sanusi
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.v23i3.5458

Abstract

This study aims to determine the legal regulation of diversion and identify obstacles and solutions in implementing diversion in the juvenile criminal justice system at the investigation level. The research method used is empirical juridical, with interviews as a primary data source and literature studies as a secondary data source. The results of the study show that crimes involving children in 2023 and 2024 in Majalengka are quite diverse, with the highest case being sexual intercourse, with a total of 20 cases. Obstacles in implementing diversion include requests for compensation that are difficult to fulfill, lack of understanding by law enforcement officials, and low public support. The proposed solutions include ongoing training for law enforcement officials and education to the public about the importance of diversion.
Analysis Of The Communication Policy Of The North Sumatra Provincial Government In Increasing Regional Original Revenue (Pad) In The Motor Vehicle Tax Sector Achmad Fadly; Syukur Kholil; Anang Anas Azhar
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.v23i3.5465

Abstract

This paper focuses on direct observation and in-depth analysis to explore various aspects of communication policies used by the North Sumatra Provincial Government to increase Regional Original Revenue (PAD). This study uses a qualitative descriptive approach. This research occurred at the North Sumatra Provincial Government Headquarters on Jalan Diponegoro No. 30, Madras Hulu, Medan Polonia District, Medan City, North Sumatra. This research lasted for a duration of three months, starting from February 2024 to April 2024. Data sources refer to sources where research data is obtained directly or indirectly. The data collection uses non-participatory observation, semi-structured interviews, and documentation studies; through triangulation techniques, researchers can confirm the correctness of the findings by comparing and verifying various data sources. The results of the study show that the communication strategy of the North Sumatra Provincial Government to increase public understanding of the importance of paying Motor Vehicle Tax (PKB) is carried out through an integrative and inclusive approach. Second, the friendly and professional service at Samsat’s offices creates a positive experience that encourages taxpayer compliance. Third, the community is invited to dialogue through participatory education in schools, villages, and public forums to understand the importance of PAD’s contribution. Fourth, collaboration between agencies ensures consistent message delivery and educational law enforcement so that the public is more motivated to obey without feeling intimidated. Meanwhile, the Islamic communication approach applied by the North Sumatra Provincial Government in increasing awareness of paying Motor Vehicle Tax (PKB) refers to the principles of Qaulan Sadiidan (right words), Qaulan Layyinan (gentle words), Qaulan Ma’rufan (good words), and Qaulan Balighan (adequate words). The obstacles faced by the North Sumatra Provincial Government (North et al. Government) in informing the Motor Vehicle Tax (PKB) policy to the public include aspects of transparency, technology, geography, communication, tax education, coordination between agencies, law enforcement and communication disruptions due to language barriers and technological infrastructure.
Legal Aspects and Issues of Blockchain Implementation as The Technology Base of Smart Contract Qur’ani Dewi Kusumawardani; M. Hawin
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.v23i3.5467

Abstract

Blockchain, as a supporting technology for the industrial revolution 4.0, has excellent potential to change many areas of private legal transactions, including as the technological basis of smart contracts. The application of blockchain technology has its own legal aspects, risks, legal issues and challenges to provide regulatory policies to optimize the technology's potential and simultaneously mitigate risks. This research aims, firstly, to discover the legal aspects that should be considered in blockchain technology and, secondly, the legal issues of implementing blockchain technology, especially those related to finance, jurisdiction, and cyber-attacks. The research method to be used is normative legal research. The research results obtained are, first, the aspect of the existence of the law itself, which is related to binary code through hash algorithms. Second, the legal issues of implementing blockchain in the financial sector are scalability, data privacy, data interoperability, and governance; related to jurisdiction related to the ability of blockchain to cross jurisdictional boundaries because nodes on the blockchain can transmit anywhere, in this world; related to cyber-attacks, namely brute force attacks on specific nodes which result in the dissemination of inaccurate information. Legal assistance and existence in technology (in this case, blockchain) are needed so that everything continues according to the rules to prevent more significant problems from arising.
LAW ENFORCEMENT AGAINST SHIP SHIPPING WHICH IS NOT SEAWORTHY AT CIREBON PORT Naura Farahdita; Sanusi Sanusi; Ari Nurhaqi
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.v23i3.5468

Abstract

An important requirement is a Sailing Approval Letter (SPB) as a condition in seaworthy shipping or whether or not a ship can sail. Ships that are incomplete or absent the letter have violated the law or can be said to be a criminal offense in the shipping sector; the problem is how to enforce the law against ships that are not seaworthy and what the obstacles are at Cirebon II Port. The method used is an empirical juridical approach, looking at the law applicable in the community and people's behavior, especially in the field of shipping, in accordance with existing rules. This type of qualitative research, analytical descriptive, looks at the facts in the field. Data is taken from in-depth interviews with relevant stakeholders. This study found that law enforcement was not optimal because only the ship was detained while the captain and ship owner were not. The obstacle was due to PPNS's limited personnel; the captain fled, and the ship was unknown to its owner. PPNS in enforcing shipping laws must be sufficient, and the infrastructure facilities must be fulfilled; in addition, data collection on shipping ship owners and strict sanctions are needed for skippers and shipping ship owners.
The Influence of Law on the Success of Zero Waste Program in Bali (Case Study of Waste Management at Pamanku Lestari Kuta Waste Bank) Ni Nyoman Mecin Asrilindia Dewi; I Gede Agus Kurniawan
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.v23i3.5470

Abstract

Bali is experiencing an increase in waste, mainly due to the growth in the number of tourists. The waste problem can have several negative impacts on the environment. Although the government has implemented various policies and regulations to reduce waste, their implementation is often hampered, either due to a lack of public awareness or unclear law enforcement. Pamanku Lestari Waste Bank is present as one of the community initiatives that supports Bali's vision of becoming a waste-free island. The purpose of this study is to analyze the extent to which regulations and laws related to waste management influence the success of the zero waste program in Bali. The method used is a qualitative approach with in-depth interview techniques with waste bank managers, community members, and related parties such as local governments as well as secondary data analysis from applicable policy documents. The discussion of the study shows that strong legal implementation and support from the local community play a significant role in the success of the zero waste program. However, challenges remain, especially in terms of consistent enforcement of regulations and guidance to the community regarding the correct way to manage waste. Pamanku Lestari Waste Bank has proven to be an effective model in increasing public environmental awareness, but clear and consistent policy support from the government is needed so that similar programs can be expanded. This research contributes to understanding the relationship between law and the effectiveness of community-based zero waste initiatives in Bali, as well as the importance of collaboration between government and communities to achieve environmental sustainability
Legal Protection Due to Flight Delays Reviewed from Transportation Law in Indonesia Ni Putu Sawitri Nandari; I Gusti Bagus Yudas Swastika; Kadek Julia Mahadewi; I Wayan Suderana; I Putu Edi Rusmana
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.v23i3.5471

Abstract

As an air transport passenger, it is very important to know about the rights as consumers so that when there are irregularities or violations, passengers can demand their rights to be fulfilled. Currently, it is not uncommon in air transportation activities, airlines do not fulfill their obligations as business actors. The problem in this study is what is the legal protection due to flight delays in terms of transportation law in Indonesia? and what efforts can be made by passengers in minimizing flight delays? The research method used in this study is normative legal research with a statutory approach, a fact approach, and a conceptual approach. This research uses primary legal materials and secondary legal materials. The technique of collecting legal materials used in this study was obtained from literature research. In this study, the legal material analysis technique used is a juridical descriptive technique. Preventive legal protection in flight delays is regulated in Article 146 of Law Number 1 of 2009 concerning Aviation. Meanwhile, repressive legal protection in resolving disputes that have arisen due to flight delays is regulated in Article 9 paragraph 1 of the Minister of Transportation Regulation Number 89 of 2015 regulating flight delay compensation. Provisions related to administrative sanctions for business actors who have violated their obligations are regulated in Article 60 paragraph 2 of the Law. Efforts that passengers can make in minimizing delays are by choosing a reliable airline by paying attention to On Time Performance (OTP) as a service standard
LEGAL ANALYSIS OF THE QUALITY OF LAW ENFORCEMENT HUMAN RESOURCES ON THE EFFECTIVENESS OF ERADICATING NARCOTICS CRIME IN BATAM CITY Erniyanti Erniyanti; 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.v23i3.5474

Abstract

This paper presents a legal analysis of the quality of human resources of law enforcement and its impact on the effectiveness of eradicating drug crimes in Batam City. Using a normative legal approach, this study examines relevant laws, court decisions, and policies to assess the skills, training, and ethical behavior of law enforcement personnel. The study findings indicate that although Indonesia's legal framework provides a strong foundation, gaps in training, resource allocation, and ethical oversight limit the effectiveness of drug law enforcement in Batam. In addition, challenges such as interagency cooperation deficits, the complexity of drug crime networks, and corruption in law enforcement further undermine efforts to combat drug trafficking. The paper concludes by recommending improvements in law enforcement training, resource investment, interagency collaboration, and anti-corruption measures to improve the effectiveness of drug law enforcement in Batam City.

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