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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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Perception of Government Employees at the Food Security Office of Bali Province on Cultural Shifts Due to Digital Shifting Komang Arie Putri Triyandani; Gede Sri Darma
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Digital transformation that occurs in the industrial revolution 4.0 brings significant changes in various sectors, including local governments in Indonesia such as the Bali Province Food Security Office. Digital shifting affects the way of operation, interaction with the community, and organizational culture. This study aims to understand the perceptions of Denpasar City government employees regarding digital shifting. Data was collected through a pre-survey and interviews with a focus on technology use, changes in work patterns, digital training, and impact on employment. The findings show that there is an awareness of the importance of adapting to technological change, but also a concern of job loss due to digital shifting. Understanding these perceptions can help the government design policies that support adaptation to digital transformation while mitigating its negative impacts.
Law Enforcement Against Fraud in Banking Committed by the Board of Directors Grace Henni Tampongangoy
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Fraud undermines public trust in the national banking system and causes financial losses to customers. Despite regulations like Law No. 10 of 1998 on Banking and Financial Services Authority (OJK) provisions, fraud enforcement in Indonesia remains suboptimal due to case complexity, weak oversight, and enforcement challenges. This study explores legal enforcement mechanisms for banking fraud by directors and contributing factors. Using a normative approach, the research analyzes laws, principles, and case studies. Data sources include the Banking Law, Limited Liability Company Law, OJK regulations, academic literature, and reports on fraud cases. Qualitative analysis links regulations to enforcement practices and identifies barriers. Findings show Indonesia's legal framework is comprehensive but inadequately implemented. Weaknesses include limited monitoring of directors abusing authority and difficulties in proving fraud involving complex data manipulation. Key obstacles include weak internal controls, minimal inter-agency coordination, and ineffective application of Good Corporate Governance (GCG) principles at the director level due to a lack of transparency and accountability. To address these gaps, the study recommends strengthening synergies between supervisory institutions and law enforcement, improving internal audits through independent reviews, and specialized training for handling financial cases. Instilling GCG principles among directors is crucial to prevent fraud. This study highlights the need for improved regulation and effective enforcement to enhance banking sector integrity.
LEGAL CONSEQUENCES OF A NOTARY WHO NON-GRANTING A COPY OF SALE AND PURCHASE AGREEMENT (PPJB) DEED TO THE CLIENT (Case Study of Jakarta High Court Decision Number 501/PDT/2020/PT DKI) Clarissa Angeline
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

In carrying out their profession, notaries are required to comply with the professional code of ethics and all provisions of applicable laws and regulations regarding the position of notary. However, in practice, several cases were found that showed a violation of the notary's obligations, one of which was the non-granting of Sale and Purchase Agreement ("PPJB") Deed to the client. Based on this, the problems that need to be studied are: the application of sanctions against notaries who violate the notary code of ethics and the law on notary positions; and the authority of the notary supervisory council that examines, adjudicates, and decides the violation in question. To answer these problems, this study uses a normative juridical research method with literature review. The results of this study shows that the legal consequences of notaries who violate the provisions regarding the position of notary as stated in the law and other legal provisions is the disrespectful dismissal of the notary from his position. Regarding the authority of Notary Supervisory Council, in this case Central Supervisory Council is authorize to summon the reported Notary for an examination; impose a sanction of temporary dismissal; and propose a disrespectful dismissal sanction to Minister. Consequently, the legal consequences of this breach are expected to provide a valuable lesson for notaries in their professional conduct.
The Benefits of Mursalat Related to Early Marriage: Implementation and Orientation From an Islamic Legal Perspective Hari Widiyanto; Qadriani Arifuddin; Fitrohtul Khasanah; Fathudin; Saifudin; Muhajir
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.v23i3.5836

Abstract

Early marriage is a growing phenomenon in many countries, including countries with a Muslim majority. In the perspective of Islamic law, marriage is a part of worship that is highly valued, but there are provisions that must be considered so as not to harm the parties involved, especially in the context of early marriage. One approach used to assess whether early marriage is permitted or not in Islamic law is through the concept of maslahat mursalat, which is an effort to achieve public welfare that is not explicitly regulated in the Shari'a, but can be taken based on the goals and basic principles of Islam. This paper aims to analyze the application of the concept of maslahat mursalat in the context of early marriage, as well as its implications for the implementation of Islamic law. This study includes an analysis of the social, economic, and health impacts associated with early marriage, and discusses how Islamic law assesses young marriage by considering maslahat and mudarat (benefits and disadvantages). This study also seeks to examine how the orientation of maslahat mursalat can help align Islamic law with the needs of today's society, amidst the challenges of early marriage that often ignore the emotional, social, and physical readiness of individuals. The results of this study indicate that from the perspective of maslahat mursalat, early marriage is only permitted if it meets the criteria of greater welfare and does not bring harm to the parties involved. In addition, policy recommendations regarding early marriage need to consider various factors that support individual welfare, including education, mental readiness, and social and economic support. Therefore, the implementation of early marriage must be carried out carefully and wisely, ensuring that it does not violate the basic principles of Islamic law which emphasize the welfare of humanity.
Protection of Press Freedom through Strengthening Law Number 40 of 1999 in The Context of the Enforcement of Law Number 1 of 2023 Rina Rohayu Harun; Nurjannah Septyanun
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.4988

Abstract

Press freedom for journalists has become increasingly restricted following the enactment of the National Criminal Code, Law No. 1 of 2023, by the government, raising concerns about the potential criminalization of journalists performing their duties. Several articles in the National Criminal Code (New Criminal Code) have been noted by the Press Council, one of which pertains to the broadcasting or dissemination of false news or information. The term 'any person' in the relevant article can apply to anyone, including journalists. Meanwhile, responsible and proper press freedom has already been accommodated through a specific law, namely Law No. 40 of 1999. The problem addressed in this study is how press freedom, based on Law No. 40 of 1999, relates to press offenses as regulated by Law No. 1 of 2023. The method used in this study is normative juridical, supported by empirical juridical analysis. The research findings indicate that even before the National Criminal Code was enacted, several journalists, including in the case of Asrul, were criminalized for allegedly spreading false news under the Electronic Information and Transactions Law (ITE Law). There is concern that the National Criminal Code could also be used by law enforcement to target journalists engaged in their journalistic profession. Therefore, revisions to certain articles in the National Criminal Code are necessary to provide exemptions for the journalistic profession, which is protected by the press law, and to establish a specific mechanism to be prioritized in the event of a press dispute.
Questioning the Meaning of Financial or State Economic Losses in Corruption Crimes After the Constitutional Court Decision Number 25/PUU-XIV/2016 Rendy Airlangga; R.B. Muhammad Zainal Abidin; Mahendra Suhartono; Didik Endro Purwoleksono
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.v23i3.5200

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has changed Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law from formal criminal act to material criminal act, so that state losses must be interpreted as actual losses. On the basis of that decision, this research analyses the original intent or ratio legis of the word "can" in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law, which is useful to understand the spirit underlying the formulation of the word 'can’ or ‘formal criminal act’ since the inception of the Law. In addition, this research also reconstructs the meaning of financial losses or the state economy based on aspects morality. This research is doctrinal research that uses statute, conceptual, and case approaches. The results of this study conclude that the formulation of the word "can" in Articles 2 Paragraphs (1) and 3 of the Eradication of Corruption Crime Law is intended to facilitate proof of corruption in the field of finance or the state economy in Indonesia, whose modus operandi is increasingly sophisticated and complicated. However, corruption crimes are not only about financial or economic losses that must be proven and can be calculated but also moral losses that cannot be seen and calculated. Therefore, the reconstruction of the meaning of potential loss in Articles 2 paragraphs (1) and 3 of the Eradication of Corruption Crime Law in the future is very important to save the nation's morals.
IUS CONSTITUENDUM CRIMINAL ASSET CONFISCATION: CORRECTIVE JUSTICE ORIENTATION IN ENFORCEMENT OF CORRUPTION CRIMINAL ACTS Mochamad Ali Asgar
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.v23i3.5205

Abstract

Corruption in Indonesia, as an extraordinary crime that harms the state and society, requires a more effective legal approach through strengthening the ius constituendum related to asset forfeiture oriented towards corrective justice, while still paying attention to aspects of human rights and the principle of due process of law. This research aims to analyze the application of the ius constituendum concept of asset forfeiture oriented towards corrective justice in the enforcement of corruption crimes in Indonesia, as well as to identify challenges and opportunities for its implementation. This research uses normative legal research method with conceptual and statutory approaches, analyzes primary, secondary, and tertiary legal materials through literature study, and applies prescriptive and evaluative analysis techniques to examine the application of corrective justice-oriented asset forfeiture in the enforcement of corruption in Indonesia. The results show that the ius constituendum concept of corrective justice-oriented asset forfeiture can be applied in the enforcement of corruption crimes in Indonesia through several ways, such as simplifying the asset forfeiture process, expanding the authority of non-conviction-based asset forfeiture, implementing temporary asset forfeiture, and updating regulations. The implementation of this concept is faced with challenges such as regulatory limitations, evidentiary difficulties, and bureaucratic obstacles, but also opens up opportunities to increase the effectiveness of state asset recovery, adopt international best practices, and strengthen the legal framework. By addressing the challenges and capitalizing on the opportunities, Indonesia can build a fairer and more effective corruption eradication system.
The Urgency of Meaningful Participation in the Law Making Process from the Perspective of Democratic Countries (Comparison of Indonesia, South Africa and the United States) Rengga Kusuma Putra; Aziz Widhi Nugroho; Geofani Milthree Saragih; Siti Fatimah; Satriya Nugraha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5270

Abstract

Meaningful participation in law formation is a crucial aspect of a democratic country. The existence of this participation not only reflects the voice of the people but also increases the legitimacy of the resulting law. A legislative process that involves the community can create rules that are more responsive and in line with community needs. In this context, this research discusses meaningful participation practices in Indonesia, South Africa, and the United States. Each country has different approaches and mechanisms for involving the public in the legislative process. The research method used is normative legal research with a statutory approach and a comparative legal approach. Through this approach, the study analyzes the laws and regulations governing public participation and identifies best practices from each country. The research results show that South Africa implements an effective public consultation system, where the public can provide direct input in the discussion of draft laws. Meanwhile, the United States has a structured participation mechanism, including public hearings and gathering input from various stakeholders, thereby creating a space for constructive dialogue between policymakers and the public. On the other hand, Indonesia still faces challenges in ensuring meaningful participation, despite efforts through public discussion mechanisms. These findings suggest the need to improve participation mechanisms in Indonesia to optimize the quality of democracy and legal legitimacy. Apart from that, support from the government and society is needed to create a stronger culture of participation, so that every individual feels they have a role in the legislative process. In this way, it is hoped that the resulting law will not be just a formality, but wil.Keywords:Meaningfull Participation; Legislation; Law Making; Democratic.
Analyzing Green Culture's Role in Enhancing Public Awareness and Participation in Jayapura's Environmental Policy Maria Satya Rani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5278

Abstract

This study examines the impact of green culture on public awareness and participation in environmental policies, with a specific focus on plastic bag restrictions in Jayapura, Indonesia. As environmental challenges intensify, integrating cultural elements into policy communication has become crucial for advancing sustainability. The research employs a qualitative methodology, incorporating in-depth interviews, field observations, and document analysis to evaluate how traditional values, community leadership, and cultural symbols, such as the noken, facilitate environmental engagement. The findings underscore the significance of green culture in aligning environmental practices with local traditions, thereby enhancing public acceptance of policies. However, the study also identifies persistent challenges, including weak enforcement and limited public awareness. The recommendations highlight the importance of cultural integration, youth participation, and partnerships with religious and community leaders to encourage sustainable behavioral change. Additionally, the research emphasizes the need to strengthen infrastructure and enforcement mechanisms to ensure long-term environmental success.
Principles of Participation and Transparency in Drafting Village Regulations Andres Deny Bakarbessy; garciano nirahua
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5338

Abstract

This study examines the implementation of the principles of participation and openness in the process of drafting village regulations. The focus of the study is directed at an in-depth analysis of the application of the principles of good governance, especially community participation and information openness in the legislative process at the village level, and identifying various factors that inhibit the application of these principles. This study uses a qualitative methodology with an empirical legal approach to obtain a comprehensive understanding of the social and legal phenomena in the process of drafting village regulations. Data collection was carried out through a series of in-depth interviews with various stakeholders, direct observation of the process of drafting village regulations, and extensive documentation studies. The results of the study indicate that the implementation of the principles of participation and openness in the drafting of village regulations has not yet reached an optimal level. Community participation still tends to be limited to the socialization stage, while information openness has not been fully integrated into each stage of the drafting of village regulations. The various inhibiting factors identified include internal aspects such as limited human resources and infrastructure, as well as external aspects such as socio-cultural conditions and local political dynamics. This study produces comprehensive recommendations for improving the quality of community participation and openness in the process of drafting village regulations.Keyword: Participation, Transparency, Village Regulations

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