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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.
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Articles 37 Documents
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Search results for , issue "Vol. 24 No. 2 (2025): Pena Justisia" : 37 Documents clear
LEGALITAS PENGGUNAAN KEKUATAN BERSENJATA OLEH ISRAEL DALAM SENGKETA DENGAN PALESTINA DITINJAU DARI PASAL 51 PIAGAM PBB TENTANG SELF-DEFENSE Thino Bagus Panuntun; Ahmed Hassan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6276

Abstract

The conflict between Harakat al-Muqawamah al-Islamiyyah (HAMAS) and Israel, which peaked on October 7, 2023, has given rise to the dynamics of international legal issues, especially related to international humanitarian law and human rights law. Based on this conflict, the principle of self-defense has become a debate among the international community regarding compliance with the provisions of the UN Charter. In the Charter of the United Nations (UN), the concept of the exercise of the right of self-defense as stipulated in Article 51 of the UN Charter is the basis and justification for Israel to use armed force against the Hamas Group in Palestine. The research method of this writing uses a juridical-normative approach with a statute approach. This approach is used to examine and analyze the legal provisions governing self-defense, especially against the conflict between Hamas and Israel in Palestine. The author will review Israel's actions in carrying out counterattacks against Hamas in Palestine by analyzing elements of Article 51 of the UN Charter, as well as on the basis of cases that have occurred, both resolved through the International Court of Justice and those that have been stopped due to bilateral agreements
PROBLEMATIKA UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK TERHADAP TINDAK PIDANA MENYERANG KEHORMATAN DAN NAMA BAIK DIKAITKAN DENGAN KEPASTIAN HUKUM Devi Arviani Arinta; Guntara, Deny; Abas, Muhamad; Arisa Wongchai
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6305

Abstract

Defamation through electronic media has become an increasingly complex issue amid the rapid development of information technology. Social media facilitates information dissemination but also opens opportunities for the misuse of freedom of expression that may harm others. Article 27A of Law Number 1 of 2024 on Electronic Information and Transactions (EIT Law) has sparked debate due to its ambiguous wording and potential misuse to suppress legitimate criticism. This research employs a normative juridical method by analyzing relevant legislation, legal doctrines, and court decisions. Secondary data were obtained through literature studies and qualitatively analyzed to assess the legal certainty and compatibility of Article 27A with human rights principles, particularly freedom of expression. The findings indicate that Article 27A of the EIT Law remains weak both in its drafting and implementation, especially regarding the phrase "another person," which creates ambiguity and may criminalize public criticism. Such provisions risk being used as a tool of criminalization, contradicting the principle of legal certainty and democratic values guaranteed by the 1945 Constitution. Therefore, a more precise interpretation and revision of Article 27A are necessary to ensure consistency with the principles of legality, legal certainty, and the protection of freedom of expression. .
Dialectics, Legality and Urgency of Criminal Law: A Critical Review in Indonesia Subarsyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6367

Abstract

This study critically examines the dialectics, legality, and urgency of criminal punishment within the context of Indonesian criminal law. Using a normative juridical approach and qualitative analysis method, the research explores the development of criminal law thought in Indonesia, highlighting the limitations of the principle of legality in its application, and evaluating the urgency of using punishment as a means of social reform. The findings reveal that the development of criminal law in Indonesia demonstrates a dialectical relationship between morality, justice, and formal legality. The legalistic approach emphasizes legal certainty and strict interpretation of the rules, while the contextual approach prioritizes substantive justice by taking into account social and humanitarian factors. The principle of legality remains a fundamental tenet that protects individuals from abuse of power by requiring criminal laws to be clear, firm, and non-retroactive, serving as the foundation for the protection of human rights and the rule of law. However, the dynamics of modern crime and technological advancement often cause legal regulations to lag behind, posing challenges in law enforcement and creating potential ambiguity in application. In this context, the urgency of criminal punishment lies not only in the imposition of sanctions as retribution but also as an effort toward prevention and rehabilitation to maintain order, provide a deterrent effect, and protect society. Therefore, a balance is needed between legal certainty and flexibility in the application of criminal law to effectively and fairly respond to social changes. This includes more humane law enforcement, the strengthening of customary law, and education and training for law enforcement officers to carry out their duties inclusively and adaptively in a complex and pluralistic society.
Meninjau Kembali Pengimplementasian Apostille di Indonesia: Apakah Notaris Harus Diberi Kewenangan Apostille? Worang, Ruth Felyta; Anita Afriana; Nanda Anisa Lubis; Matteo Rossi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6599

Abstract

Indonesia’s accession to the Apostille Convention, through Presidential Regulation No. 2 of 2021, represents a significant step toward simplifying the legalization process for documents intended for cross-border use. However, the implementation of the Apostille in Indonesia continues to face legal challenges, particularly concerning the verification period, which often exceeds the time limits stipulated in Regulation of the Minister of Law and Human Rights No. 6 of 2022. This issue has prompted discussions about transferring Apostille authority to notaries, by leveraging cyber notary systems to support notarial tasks related to Apostille issuance. This study employs a normative juridical approach combined with comparative legal analysis. This findings indicate that delegating Apostille authority to notaries may enhance the flexibility and efficiency of the Apostille process, given that notary are widely distributed across Indonesia and are bound by professional code of ethics and ethical accountability in performing their duties. A cyber notary system, particularly in the form of digitally authenticated official signatures managed by the Ministry of Law in coordination with the Indonesian Notary Association (Ikatan Notaris Indonesia), could significantly support notaries in the issuance of Apostille certification.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENJUALAN OBAT KERAS TANPA RESEP DOKTER DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN (Studi Putusan Nomor 302/Pid.Sus/2023/PN Cjr) Prilly Larasati, Dwiana; Guntara, Deny; Abas, Muhamad; Mohamad ArdinSuwandi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6626

Abstract

This study examines law enforcement mechanisms against the illegal distribution of drug solvents without medical prescription under Law No. 17 of 2023 concerning Health, analyzing the legal framework, enforcement challenges, and policy implications through Decision No. 302/Pid.Sus/2023/PN Cjr. The proliferation of illegal drug sales without medical prescription remains a persistent challenge in Indonesia, driven by factors including public demand for convenient access, cost considerations, and systemic weaknesses in pharmaceutical oversight, creating a critical gap between regulatory provisions and effective law enforcement implementation. Employing a normative legal research approach, this study analyzes positive law provisions, particularly Law No. 17 of 2023 concerning Health and relevant criminal law provisions, to evaluate the legal basis and enforcement mechanisms against unauthorized pharmaceutical distribution. Article 435 of Law No. 17 of 2023 provides a robust legal foundation for prosecuting both individual perpetrators and corporate entities involved in producing or distributing drug solvents without compliance with regulatory requirements. This study finds that Decision No. 302/Pid.Sus/2023/PN Cjr demonstrates the application of the ne bis in idem principle, ensuring defendants are not tried twice for the same criminal act. However, the case reveals significant structural weaknesses in the pharmaceutical regulatory and supervisory systems that continue to undermine effective enforcement. While law enforcement efforts against unauthorized drug distribution have commenced, current mechanisms remain insufficient without comprehensive systemic reform. The judiciary has correctly applied fundamental criminal law principles, yet enforcement success depends on strengthening digital oversight systems, harmonizing cross-sector regulations, and enhancing law enforcement capacity and digital forensics capabilities. This study contributes to legal scholarship by demonstrating the need for an integrated approach combining criminal prosecution, regulatory reform, and institutional capacity building, recommending that policymakers and law enforcement agencies prioritize modernizing pharmaceutical surveillance through digital systems, harmonizing regulations across relevant agencies, and developing specialized law enforcement units equipped with advanced forensic capabilities to effectively combat pharmaceutical crimes.
Legal Liability of Electronic Money Corruption as a Crime of Origin of Money Laundering Crime Ritonga, Arifin Said; Triono Eddy; Adi Mansar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6718

Abstract

Money is a very crucial aspect of human life. Changes in the way we use money are evolving rapidly, along with advances in technology and information. Both notes and coins have transformed into electronic money. The law, specifically Article 17 to Article 22 of the ITE Law, regulates electronic transactions, also known as e-commerce buying and selling contracts. Article 17 paragraph (2) of the ITE Law states that parties conducting electronic transactions as mentioned in paragraph (1) must act in good faith when interacting and/or exchanging electronic documents and electronic information during such transactions. Article 18 paragraph (2) states that the party conducting electronic transactions as mentioned in paragraph (1) This research is a normative legal research, namely a legal study that positions law as a structured system of norms. The type of normative legal research is law that is formulated based on norms or rules that apply in society and become a guideline for the behavior of each individual. Money laundering in general can be defined as an act or actions that transfer, use or perform other actions or the proceeds of a criminal act that is often carried out by crime organizations or individuals who commit acts of corruption, narcotics trafficking, and other criminal acts. The goal is to hide or obscure the origin of the illicit money so that it can be used as if it were legitimate money.
Formulation of Legal and Regulatory Models of Carbon Units as Collateral Objects in Indonesia Cahyaningsih, Diana Tantri; Kharisma, Dona Budi; Alethea Majid, Alisha Vinia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6837

Abstract

The rise in GHG emissions has driven countries, including Indonesia, to commit to Net Zero Emissions through the 2015 Paris Agreement. One of Indonesia’s efforts is limiting carbon emissions via carbon trading. The traded object, carbon units, are categorized as securities with economic value, presenting an opportunity to use them as collateral. However, theres is no clear regulation governing this. This normative legal research uses statute and conceptual approaches, with primary and secondary legalmaterials on collateral law. The study aims to propose regulatory recommendations to enable the use of carbon units as collateral in Indonesia. The findings suggest that fiduciary is the most suitable binding meyhod, as it does not require physical delivery and allows execution through private sale under Article 31 of Indonesia Fiduciary Law. The lack of a valuation institution can be addressed by optimizing collaboration between public appraisers, like KJPP and GHG Validation and Verification instituions (LV/V GRK).
Formulation of Environmental, Social, and Governance (ESG) Concept Regulation in the Banking Sector as a Strategy to Realize Sustainable Development in Indonesia Sudarwanto, Albertus Sentot; Kharisma, Dona Budi; Putri, Salsabila Adinda
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6839

Abstract

The increasing issue of the global environmental crisis has prompted the UN to launch 17 Sustainable Development Goals (SDGs). Although Indonesia has a strong commitment to achieving the SDGs, its implementation is still lagging behind, one of the reasons being the suboptimal application of Environmental, Social, and Governance (ESG) at the company level, especially in the banking sector. This creates uncertainty, implementation obstacles for companies, and opens up loopholes for ESG-washing practices. This study aims to formulate a regulatory formulation for the ESG concept in the banking sector as a strategy to accelerate sustainable development in Indonesia. The research method used is normative legal research that is prescriptive with a statutory approach and a conceptual approach. The types and sources of legal materials use primary legal materials and secondary legal materials. The results of the study conclude that an effective regulatory formulation is needed including a revision of POJK 51/POJK.03/2017 to require integrated reporting and adoption of the double materiality concept. In addition, it is recommended to strengthen the role of Good Corporate Governance (GCG), establish standard and measurable ESG reporting standards, require independent assurance (verification) of sustainability reports, and enforce legal sanctions against ESG-washing practices.
Legal and Clinical Implications of Suspected Malpractice in Cesarean Section: A Case Study of Bekasi Regional Public Hospital Desy Kartika Ningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6850

Abstract

This study analyses the interrelationship between alleged medical malpractice, patient safety, and legal accountability through a case study of a suspected malpractice incident during a cesarean section at Bekasi Regional Public Hospital (RSUD Bekasi) in 2025. Using a juridical-normative approach combined with empirical case analysis, the research applies Donabedian’s quality of care framework and examines Indonesian legal instruments, particularly Law No. 17 of 2023 on Healthcare. Data were collected from statutory provisions, court archives, national media reports, and scholarly literature, and analysed qualitatively through normative interpretation and triangulation of legal norms, theory, and factual findings. The results indicate three key deficiencies: (1) limited implementation of standard operating procedures and informed consent; (2) weak institutional oversight and patient safety culture; and (3) slow, costly, and opaque dispute resolution mechanisms that hinder access to justice. Comparative analysis with international practices shows that Indonesia’s legal governance remains fragmented, with insufficient integration between healthcare regulation and professional accountability. The study concludes that comprehensive reform is required to strengthen patient protection through clear regulatory mechanisms, independent medical audits, and the development of a no-fault compensation system that ensures both patient rights and medical professionalism.
An Analytical Study of the Lex Favor Reo Principle in the Context of Corruption Case Resolution under the Third Amendment to the State Owned Enterprises Law in Indonesia Fauzan Prasetya; Milda Istiqomah; Bambang Sugiri; Aiden L. Moreau
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6879

Abstract

This study analyzes the implications of Law No. 1 of 2025—the Third Amendment to the SOE Law—on the application of the lex favor reo principle in corruption cases involving State-Owned Enterprises (SOEs) in Indonesia. Using a normative juridical approach with analytical and conceptual methods, the research reveals that the amendment redefines SOEs, limits the auditing authority of the Supreme Audit Agency, and removes the automatic classification of SOE losses as state losses. As a result, the legal interpretation of “state financial loss” in corruption cases has shifted significantly, potentially narrowing the scope of criminal liability for SOE officials. This change may lead to the re-evaluation of ongoing corruption prosecutions, including possible sentence reductions or acquittals. The study highlights the complex interaction between corporate reform and criminal accountability, emphasizing the need for doctrinal coherence, legal certainty, and the protection of substantive justice within Indonesia’s evolving post-reform legal framework. 

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