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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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Meaningful Participation in the Formation of Regional Legal Products: An Ideal Model of Local Regulation In the Implementation of Regional Autonomy Muhammad Darlis Pattalongi; Aullia Vivi Yulianingrum; 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.v23i3.5574

Abstract

Meaningful participation in lawmaking can be understood as important input or suggestions to ensure the validity and relevance of legal products. The idea of meaningful participation emphasizes the importance of the community's role in the law-making process, especially in the formation of ideal local regulations (Perda) to support the implementation of regional autonomy. This research aims to examine the application and implications of meaningful participation in the formation of ideal local regulations, using a juridical-normative approach through three approaches: 1) statutory approach, by examining relevant regulations; 2) conceptual approach, by examining the values contained in the underlying legal concepts. This research uses primary, secondary, and tertiary legal materials to produce an ideal local regulation model in the implementation of regional autonomy. The results show that meaningful community participation is a crucial element in creating local policies that are inclusive, transparent, and responsive to community needs. The process of local regulation formation must substantially involve the community, expand public participation mechanisms, and increase transparency and the role of the legislature. Thus, meaningful participation will strengthen the legal and social legitimacy of regulations, and support the creation of democratic and accountable regional autonomy. The formation of ideal local regulations not only ensures the achievement of effective and transparent governance, but also strengthens public trust in local governments. Public participation is not just a procedure, but must be understood as the core of democracy that emphasizes the right of the people to be heard, considered, and explained for the decisions taken.
Utilisation Of Voice Recordings as Electronic Evidence in Corruption Cases Furcony Putri Syakura
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.v23i3.5578

Abstract

Electronic evidence is essential for exposing corruption. Voice recordings and electronic trial evidence are difficult to validate, despite their importance. Thus, standardisation is needed to use this evidence to aid the judicial process, notably law enforcement, for corruption. Under this theory, the author first discusses how to validate voice recordings as electronic evidence in corruption prosecutions—a assessment of their validity and believability. Second, analyse what barriers would arise when using electronic device voice records as corruption case evidence. Researchers use normative legal research with a statutory methodology. The Main Statutory will be using Law No. 19/2016 on Information and Transactional Electronic and Law No. 8/1981 on “Kitab Undang-Undang Hukum Acara Pidana”. Data is collected using library research. This study found that clear norms are essential to ensure judicial justice. Electronic evidence, including voice recordings, must be validated for legal integrity and corruption prosecutions.
Political Dynamics of the Policy of Moving the National Capital and Reorientation of Indonesian Governance Faisal Santiago
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.v23i3.5582

Abstract

This study examines the legal, social, and political dynamics surrounding the relocation of Indonesia’s capital city to East Kalimantan, with a focus on the implications for governance, public opinion, and economic development. The study highlights the legal challenges, including issues related to the establishment of the Capital City Authority and its relationship to local government structures, as well as issues of land acquisition and the rights of affected communities. The study also explores the social impacts of the capital city relocation, addressing public opposition related to the high costs, potential social disruption, and perceived injustice, alongside support from certain groups advocating for regional development and economic equity. The study further explores the political implications, particularly the shifting power dynamics in the new capital city region, the influence of political parties, and the importance of transparency in decision-making. Overall, the study concludes that while capital city relocation offers opportunities for more equitable regional development and economic growth, it requires careful legal reform, public engagement, and efficient resource management to ensure long-term success and minimize social injustice. The study’s findings emphasize the importance of comprehensive planning and collaboration among stakeholders to address challenges and achieve sustainable development goals.
The Analysis Of Fiscal And Monetary Policy To Overcome The Impact Of Regional Expansion On Macroeconomic Stability In Indonesia Daniel Ebenezer Silaban
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

Abstract

This study aims to analyze the fiscal and monetary policies implemented by the Indonesian government to address the impact of regional expansion on macroeconomic stability. The method used in this research is descriptive analysis with a qualitative approach. The data used is secondary data in the form of fiscal and monetary policy documents issued by the government and Bank Indonesia. The results of the study show that the Indonesian government has implemented various fiscal and monetary policies to overcome the impact of regional expansion on macroeconomic stability, such as increasing government spending in new regions, setting interest rate policies, and controlling inflation. However, there are still a number of challenges in overcoming the impact of regional expansion, such as differences in economic conditions in new regions and a lack of adequate human resources. The effects of fiscal and monetary policies on inflation and economic growth are also analyzed in this study. The results of the analysis show that fiscal and monetary policies have a significant effect on inflation, but have not been proven to be consistent in increasing economic growth. Based on the research results, it can be concluded that the fiscal and monetary policies implemented by the Indonesian government to overcome the impact of regional expansion have made a positive contribution to macroeconomic stability. However, proper policy evaluation and adjustments are still needed to overcome the challenges that are still being faced.
THE AUTHORITY OF NOTARY SUPERVISORS IN TAKING ACTION AGAINST VIOLATIONS OF THE DISSEMINATION OF DEED OF AGREEMENT ON SOCIAL MEDIA Irvi Wuri Wulandari; Anak Agung Istri Ari Atu Dewi
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.v23i3.5593

Abstract

This research aims to find out clear arrangements related to the authority of the regional supervisory assembly as the guardian of notary honor to monitor and respond to the attitude of notaries, especially in taking action against notary violations of the dissemination of deeds of agreement on social media. The formulation of the problem in this study is first, how is the responsibility of notaries who disseminate deeds of agreement through social media, and second, how is the authority of notary supervisors in taking action against these violations. In this writing, the researcher uses a normative research method with a statutory approach and conceptual approach. Based on the research conducted by the researcher, the conclusions are obtained, namely: First, notaries who disseminate deeds through social media can be held accountable ethically, civilly and criminally. The liability is certainly based on the fulfillment of the elements of the act committed, whether the act meets the elements of violation of the code of ethics, or meets the elements of the offense for criminal liability, and whether the act meets the elements of unlawful acts for civil liability. Second, the Notary Supervisory Council has a mechanism for enforcing ethics and imposing administrative sanctions. The sanctions are imposed if the notary who disseminated the deed on social media is proven to have violated the code of ethics based on the Supervisory Panel's examination. Ethical sanctions can be in the form of: a). verbal warning; b). written warning; c). temporary dismissal; d). proposal for honorable dismissal; or e). proposal for dishonorable dismissal. In the process of examining a notary who commits an ethical violation, the principle of presumption of innocence must be put forward until the decision of the Supervisory Panel states that the person concerned is proven guilty.
The Role of Villages in Implementing Quality General Elections in Indonesia (Poritibi Lama Village Study) Muhammad Yusrizal Adi Syaputra; Riswan Munthe; Anggraeini Atmei 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.v23i3.5594

Abstract

Village involvement in creating quality elections is the responsibility of the village government through political education of village communities. The 2020 simultaneous elections were held in 270 regions consisting of 9 provinces, 224 regencies and 37 cities throughout Indonesia. Karo Regency is one of 37 regions holding regional head elections. Karo Regency, which has 259 villages, can be seen from the general election statistical data as an area that has a very low level of community participation in elections, meaning that community involvement in exercising their political rights is not significant. The percentage of total community participation in Karo Regency has not yet reached 50 percent. This shows that the level of community participation is not yet good, because it has not been able to approach the political participation target set by the KPU of 77.5 percent. This research will examine the role of the village government in improving the quality of fair and high-quality elections, as well as examine the obstacles of the village government in implementing political education and village community participation in elections. The analytical method in this research uses empirical juridical research. Data comes from primary data. Data collection instruments are observation, documentation studies and interviews, while data analysis uses descriptive analysis. This research produces findings that the village government plays a role as a government institution that has an influence on increasing community participation through community political education, collecting community data for voter data which is submitted to the Regional General Election Commission (KPUD), conducting outreach about elections to the community, providing village security during voting. The second result shows that the village government has not implemented the function of political education for the people well. The factors that hinder the Partibilama Village Government in political education are the lack of human resources in Partibilama Village, financial factors of the village government and cultural factors of the Partibilama Community..
Execution of The Right to be Forgotten in Indonesia: The Urgency of the Requirements for the Determination and Establishment of the Assessment Body Trisoko Sugeng Sulistyo; Yos Johan Utama; Aju Putrijanti
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.v23i3.5596

Abstract

The Right to be Forgotten has been recognized in the Information and Electronic Transactions Law (ITE) and the Personal Data Protection Law (PDP), but has not been regulated in detail. The ITE Law and the PDP Law do include provisions on the right to be forgotten, but there is no specific explanation of the conditions that must be met to establish what rights can be removed as part of the Right to Be Forgotten. In addition, there is no special assessment body tasked with determining and assessing these conditions. This ambiguity causes the implementation of the Right to be Forgotten to be hampered in Indonesia. This journal aims to provide recommendations for policymakers to improve related regulations so that the implementation of the Right to be Forgotten can run effectively in Indonesia so that it has benefits for law enforcement in Indonesia. The method used in this journal is normative juridical research with a statute approach. The results of the study show that in order for the implementation of The Right to be Forgotten to be more effective, it is necessary to prepare clearer determination requirements and the establishment of an independent assessment body that can handle applications fairly and transparently.
Policy Implementation and Evaluation Career Development Of Functional Officials In Improving Organizational Performance Within The Police Stamarena Bagus Panuntun; Arthur Josias Simon Runturambi
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.v23i3.5598

Abstract

This study explores career development policy implementation and evaluation for functional officials at Stamarena Police, focusing on enhancing organizational performance. Career development within organizations, particularly law enforcement agencies, plays a crucial role in improving employee performance and professional service delivery. Using a qualitative methodology with a literature review approach, the research analyzed policy documents, performance reports, and relevant scientific publications concerning police career development and human resource management. The findings identified several key challenges, including suboptimal competency-based performance evaluation systems, limited professional growth opportunities, and inadequate integration of career management information systems within Stamarena Police. The study reveals the necessity for strengthened planning and budgeting strategies to support sustainable career development initiatives. Recommendations include enhancing performance assessment mechanisms, expanding competency development programs, and integrating information systems to optimize career management for functional officials at Stamarena Police. These findings contribute to the broader understanding of career development in law enforcement institutions and provide practical solutions for improving organizational effectiveness.
Implementation of Public Communication in Efforts to Prevent Unauthorized Gold Mining (PETI) in Mandailing Natal Regency Mulyono; Hasan Sazali; Irma Yusriani Simamora
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.v23i3.5602

Abstract

This study aims to analyze the application of publiccommunication in efforts to prevent unlicensed gold mining(PETI) in Mandailing Natal Regency. The type of data usedis primary data sourced from respondents and informants inthe area around the mine. Data was collected throughquestionnaires, in-depth interviews, and Focus GroupDiscussions (FGD). The results of the study found that theimplementation of public communication regardingunlicensed gold mining (PETI) has been carried out inMandiling Natal Regency, namely (1) publiccommunication is an important element in educating thepublic, building environmental awareness, and changing thebehavior of people involved in PETI. This involves deliveringclear, transparent, and relevant information to local social,cultural, and economic conditions. The success ofimplementing public communication depends oncollaboration between the government, communities,indigenous leaders, religious leaders, NGOs, and the privatesector. Active community participation is needed to create asense of ownership of the solutions offered; (2) overcomingPETI requires various communication strategies, such asevidence-based education, traditional and digital media use,public dialogue, and socialization of legal regulations. Themessage conveyed must be adjusted to the needs andunderstanding of the community; and (3) Various factors,including literacy levels, access to media, limited resources,and public trust in the government, influence theimplementation of public communication. Overcoming theseobstacles is the key to success. In addition to stopping PETIactivities, implementing public communication must offer sustainable alternative solutions for the community, such asskills training, locally-based economic development, andinvolvement in environmental conservation programs.
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.v23i3.5610

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. 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).

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