cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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
 95   96   97   98   99 
Ius Constituendum Criminal Asset Confiscation: Corrective Justice Orientation In Enforcement Of Corruption Criminal Acts Asgar, Mochamad Ali
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.v23i3.5205

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
Reformulation of General Election Arrangement (Efforts to Avoid Loss of Life among General Election Officers) Mahmuzar Mahmuzar
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.v24i1.5395

Abstract

AbstractThe objectives of the current study are to: (1) understand and analyze whether the general election arrangement, stipulated in Law No. 7 of 2017 on General Election, contributed to the deaths of general election officers, particularly voting organizer group (Kelompok Penyelenggara Pemungutan Suara – KPPS) members, during the voting, tallying, and recapitulation stages; (2) to formulate solutions the government should take so that in the following election no general election officers, particularly voting organizer group (KPPS) members, loss their life during the voting, tallying, and recapitulation stages. The current study is normative legal research that requires data in the form of primary legal materials and secondary legal materials obtained through literature study. Once data were collected, they were classified and analyzed in a descriptive manner. Based on the research results, it can be concluded that: (1) the general election arrangement stipulated in Law No. 7 of 2017 on General Election did contribute to the deaths of general election officers, particularly KPPS members, during the voting, tallying, and recapitulation stages on account of excessive work load and lack of rest. As a result, some KPPS members experienced extreme fatigue to a degree in which those who had chronic diseases suffered relapses and ultimately passed away; (2) to avoid loss of general election officers life in future general election, a reformulation of the general election arrangement by lawmakers is necessary through the following process: first, reseparate the implementation of the legislative election and the presidential/vice-presidential election; second, maintain the current simultaneous election with some improvements; third, hold two separate concurrent elections, i.e., concurrent national election and concurrent local election. Out of the three options above, the most plausible alternatives are the second and third since the first option contradicts the ruling of the Constitutional Court. Keywords: avoid, loss of life, general election officers.
Child Marriage from the Perspective of Hadith in the Hermeneutic Study of Muhammad Syahrur Mawardi; Umi Sumbulah; Fakhruddin
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.v24i1.5459

Abstract

Early marriage has become a controversial topic in religious and social studies, particularly from the perspective of Islamic law. Hadith provides guidance on marriage, which is often interpreted in diverse ways. This article examines early marriage from the perspective of hadith using Muhammad Shahrur's hermeneutics to understand the relevance of traditional views in a modern context. The study aims to explore Shahrur's interpretative method, which emphasizes contextualizing meaning, and to identify potential implications for Islamic marriage law. The method used is a qualitative approach with content analysis of hadith texts, supported by relevant literature. The findings indicate that Shahrur's hermeneutical method offers a new perspective on understanding hadith related to early marriage, which can strengthen arguments for adjusting the marriage age to align with socio-cultural conditions.
The Development of Intellectual Property Law: A Comparison of Northern and Southern Countries Arabiyah, Syarifah
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.v23i3.5605

Abstract

The development of intellectual property rights (IPR) law in the world has experienced significant dynamics along with technological advances and globalization. A comparison between Northern countries (developed countries) and Southern countries (developing countries) shows profound differences in the way IPR law is protected and implemented. Northern countries have more mature legal systems, strong infrastructure, and the ability to encourage innovation and effectively protect intellectual property rights. Digital technology, patents, copyrights, and trademarks in these countries are strictly protected, which drives the growth of a knowledge-based economy. On the other hand, Southern countries face major challenges related to IPR law enforcement, limited access to technology, and limited resources to protect and optimally utilize IPR. Although technology provides opportunities for developing countries to access global knowledge, gaps in protection and enforcement systems hinder their potential to innovate and compete in the international market. This article aims to analyze these differences and explore the challenges and opportunities that exist for Southern countries in facing increasingly complex and global IPR law developments
The Justice in International Law: A Study from the Perspective of Immanuel Kant Yuliastini, Anita
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.v23i3.5617

Abstract

This article examines the concept of justice in international law through the perspective of Immanuel Kant, highlighting the application of universal moral principles and the categorical imperative in relations between states. Kant argued that justice should be understood as a principle that applies to all human beings without exception, requiring states to act in a manner that promotes individual freedom without harming the freedom of others. In the context of international law, this includes respect for human rights, the responsibility of states to other states, and the formation of a federation of states that work together to achieve global peace and justice. The article also discusses the relevance of Kant's thinking in the modern international legal system, where international institutions such as the United Nations, the International Court of Justice, and the International Criminal Court play a role in upholding the principles of justice and peace. Thus, Kant's theory makes an important contribution to the formation of an international law that is just, inclusive, and based on a universal morality that respects human freedom and rights
Perlindungan Hukum Bagi Usaha Waralaba di Indonesia Berdasarkan Hukum Perdata Tri Naili, Yuris
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.v23i1.5665

Abstract

Franchise businesses are a rapidly growing form of enterprise that significantly contribute to the national economy. However, in practice, various legal issues arise, such as unclear contractual clauses, intellectual property rights violations, and disputes between franchisors and franchisees. This study aims to analyze the legal protection of franchise businesses in Indonesia based on civil law. It employs a normative juridical approach, analyzing relevant regulations, including Government Regulation No. 42 of 2007, Minister of Trade Regulation No. 53/M-DAG/PER/8/2012, and the Indonesian Civil Code. The findings reveal that franchise agreements in Indonesia are clearly regulated under Government Regulation No. 42 of 2007, providing legal certainty for both franchisors and franchisees through written contracts. These contracts detail the rights, obligations, and responsibilities of each party, including critical aspects such as intellectual property rights (IPR), training, operational support, and the franchisee's obligation to operate the business according to established standards. Legal protection for franchise businesses is rooted in various regulations, including the Civil Code, which recognizes franchise agreements as reciprocal obligations. IPRs, such as trademark rights, patents, copyrights, and trade secrets, play a crucial role in protecting business elements that enhance competitiveness, including brands, technical innovations, and business concepts. Challenges in legal protection for franchise agreements in Indonesia involve several issues. One such issue is the failure to register franchise agreements, which can render them legally invalid. Additionally, unilateral termination by franchisors can harm franchisees. Trademark violations, such as unauthorized use, may also cause losses for both parties. Imbalances in bargaining positions between franchisors and franchisees often result in unfair contracts, potentially undermining the principle of freedom of contract in civil law
Representation and Legislative Functions of Women in the Regional People's Representative Council (DPRD) of Lamongan Regency Erna Sujarwati; Dhia Al Uyun; Alifiulahtin Utaminingsih
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.v24i1.5700

Abstract

The role of women legislators cannot be maximized if the quantity of women legislators is still low. In the DPRD of Lamongan Regency, out of 50 DPRD members, 11 are female legislators. Seeing the affirmative representation of women at 30%, the Lamongan district DPRD is still at 22%. Looking at the existing human resources of the 11 women legislators, have they carried out their legislative functions in accordance with their roles and functions? The purpose of this research is to find out the roles, constraints, and efforts to overcome obstacles to female legislators in carrying out legislative functions in the Lamongan Regency DPRD for the 2019-2024 period. The method used in this research is descriptive qualitative. In this study, it was found that from the three dimensions of roles expressed by Soerjono Soekanto, namely norms, individual concepts of society as an organization, and none of the behaviors are optimal. The conclusion of this study is that the role of women councilors in carrying out the legislative function in the DPRD of Lamongan Regency has not been maximized. Suggestions that can be put forward after conducting the research are that female council members are expected to be more active in maximizing their role at every meeting, female council members must make constraints a motivation for achievement and motivation for self-improvement to further develop, and female council members are given additional education programs about law and legislation in order to understand and maximize its role in carrying out legislative functions.

Page 97 of 164 | Total Record : 1631

 95   96   97   98   99 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue