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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
REKONSTRUKSI PENAFSIRAN WANPRESTASI DALAM PERJANJIAN FIDUSIA TERHADAP EKSEKUSI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 Hendiko Siregar, Piki; Muhamad Abas; Rahmatiar, Yuniar; Ana Ximenes Sousa
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.v24i2.6895

Abstract

In financing practices in Indonesia, fiduciary guarantees play a crucial role for both creditors and debtors. However, their implementation often creates inequality because the determination of default is made unilaterally by the creditor. Constitutional Court Decision No. 18/PUU-XVII/2019 presents a new interpretation that emphasizes justice, legal protection for debtors, and the importance of the judicial process. The purpose of this study is to understand the impact of this shift in the interpretation of default on the validity and implementation of fiduciary guarantees in financing practices in Indonesia, as well as to analyze the legal considerations of Constitutional Court Decision No. 18/PUU-XVII/2019 regarding the validity of execution and legal protection for creditors and debtors. This study uses a normative juridical methodology with a statutory and conceptual approach. Data were collected through a literature review of legal norms, Constitutional Court decisions, scientific doctrines, legal writings, and supplemented with secondary data from the Financial Services Authority (OJK) and the Indonesian Financing Companies Association (APPI). The results of the study indicate more specifically that after the issuance of Constitutional Court Decision No. Based on Decision No. 18/PUU-XVII/2019, there was a 35% decrease in reports of disputes over the execution of fiduciary guarantees in district courts during the 2020–2023 period, reflecting increased compliance by financing institutions with the principle of due process of law. Determination of default can no longer be made unilaterally by creditors, but must be done through a fair and proportional legal mechanism. This decision strengthens legal protection for debtors, affirms the principle of due process of law, and requires system adjustments by financing institutions, thus making an important contribution to civil law reform, particularly in the implementation of fairer, more equal, and constitutional fiduciary guarantees in Indonesia.
The Effectiveness Of Pre-Trial Proceedings In Ensuring Control Mechanisms In The Investigation And Prosecution Process Musa, Musa Darwin Pane; Sahat Maruli Tua Situmeang; Nur Ezan Rahmat; Diah Pudjiastuti
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.v24i2.6981

Abstract

Pretrial in the Indonesian criminal justice system aims to test whether or not the determination of suspects, detention, and confiscation by law enforcement officials is valid. However, the effectiveness of pretrial is often questioned, especially because the decision of a single judge in several cases is considered to violate the human rights of suspects and does not provide optimal legal certainty. This study aims to evaluate the effectiveness of a single judge in pretrial and to find alternative legal reforms that better guarantee the protection of human rights in the investigation and investigation stages. This research uses normative juridical method with statutory approach and case study on controversial pretrial decisions. The results showed that single judges in pretrial often have limitations in assessing the substance of the case as a whole, so that the resulting decisions are not always fair and can harm the suspect. In addition, there is legal uncertainty due to different interpretations in the determination of suspects. As a recommendation, it is necessary to reform the criminal justice system by removing the pretrial mechanism and replacing it with direct examination by judges in the main trial. In addition, restorative justice mechanisms and plea bargaining systems, which have been implemented in several countries, can be adapted to improve the efficiency of case resolution without compromising the protection of human rights. These reforms should also be accompanied by improvements to investigation and prosecution mechanisms to ensure greater transparency and accountability at every stage of the law.
Legal Status of Land Rights Certificates due to Neglect by Rights Holders and Decades of Occupation: A Normative Legal Study Aslan Noor; Avif Prasetyo; Rais Rahmat Nugraha; Siti Nurhasanah; Celeste M. Navarro
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.v24i2.6982

Abstract

This study analyses the legal status of land title certificates when their holders neglect the land, allowing it to be occupied by the community for decades. Based on a normative legal approach, this study examines primary legal materials (laws and regulations and court decisions) and secondary materials (scientific literature) to examine the relationship between legal certainty, the social function of land, and administrative corrective mechanisms. The results show that certificates are strong evidence but not absolute because their validity is conditional on the accuracy of physical-legal data and the holder's compliance with social functions. Neglect (land not used/utilised/maintained) opens up the possibility of land being declared abandoned and rights revoked through administrative procedures, while long-term occupation by the community gives rise to the need for normative-factual assessments that balance formal certainty and substantive justice. This study identifies misunderstandings about the certainty of certificates as triggers for abandonment and escalation of disputes when rights holders seek to restore physical control. It recommends prevention based on utilisation plans, boundary and data validation (title validation), collaborative mapping, and transparent and standardised administrative enforcement. Policy implications emphasise education on social functions, modernisation of land administration, and compensation/guarantee mechanisms that maintain public trust without neglecting rights protection. The findings enrich the land reform discourse with an operational testing framework.
The Paradox Of Consumer Protection In Indonesia: A Juridical And Policy Analysis On The Ineffectiveness Of Consumer Rights Enforcement Masrukhin, Masrukhin; Evi Ariyani; Leila Farouk
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.v24i2.6985

Abstract

This study examines the factors that contribute to the failure of consumer protection policies in Indonesia. Indonesia's significant potential as a country with a large population and relatively high economic growth, making it crucial for this study to be inundated with imported goods. This study uses a qualitative approach with secondary data analysis from various sources. Secondary data were obtained from academic literature and government policies. The results of the study indicate that the factors contributing to the failure of consumer protection policies stem from legal, economic, and political aspects. The implementation of fair and firm consumer protection laws, and the government providing balanced protection to consumers and businesses, are key factors in the success of consumer protection policies. Strengthening dispute resolution institutions and product distribution supervisory institutions in the market also contribute significantly. Furthermore, the government needs to side with domestic products by restricting the flow of imports of foreign products. The conclusion of this study emphasizes the need for collaboration between the government, businesses, and consumers to create an ecosystem that supports fair consumer protection policies. The proposed recommendation to relevant parties is to urge legislative institutions to amend norms that weaken consumer rights in the Consumer Protection Law. It is hoped that these steps will have a positive impact on consumers, business actors and the national economy as a whole
Death and Divorce (Divorce by Death) from Legal, Religious, Ethical, and Social Perspectives: A Multidisciplinary Analysis for Public Education Yonas, Yonas PAP; Bin Nidin, Solihin; Madhukullya, Samikshya
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.v24i2.7018

Abstract

Death as a cause for the dissolution of marriage has been recognised in Indonesian family law, religious traditions, and customary practices, but its legal implications are often controversial especially in childless marriages because the lack of clarity regarding post-death authority often triggers disputes over funeral arrangements, burial locations, and inheritance. This study uses qualitative normative legal research with a comparative-integrative design. The corpus includes legislation (UUP No. 1/1974, KHI, Civil Code) and court decisions, religious texts and contemporary interpretations (Islamic–Christian), journal articles from 2021–2025 on the themes of grief/funeral rites/family relations, BPS data, and media documents. The analysis was conducted through doctrinal legal analysis, hermeneutics, content analysis and reflective thematic analysis, synthesised with a convergent-integrative model. The findings confirm a declarative–operational gap: the law states that death ends a marriage, but does not regulate in detail the authority to manage the body, determine the location, and conduct rites; this void is filled by customary/kinship claims that often marginalise spouses, especially widows in a patriarchal context. Theologically, there is consistency in respect for spouses, but cultural practices are not always in line with this. The consequences are damage to dignity, prolonged grief, and weakened community cohesion. This paper contributes an integrative framework of law, religion, ethics and society, an operational glossary, and a draft Post-Death Authority Determination Form (POP-K). Recommendations include implementing regulations that establish a hierarchy of authority with spouses as the primary holders (unless there is an authentic will), inter-agency SOPs, multi-level community mediation, and protection clauses for childless marriages. These findings reinforce the agenda of public literacy and dispute prevention.
Legal Analysis Related To The Implementation Of Government Regulation Number 22 Of 2021 Concerning The Implementation Of Environmental Protection And Management For The B3 Waste Management Company Pt Dame Alam Sejahtera Siahaan, Holmen; Rahmatiar, Yuniar; Muhamad Abas; Ethan Lim kong
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.v24i2.7051

Abstract

Article 28H paragraph 1 of the Constitution contains the right of everyone to live with happiness in birth and mind and to get a good and healthy environment which means free from pollution, safe from the dangers of hazardous waste. The presence of derivative regulations of Government Regulation No. 22 of 2021, which regulates the Implementation of Environmental Protection and Management (P3LH) creates even clearer rules, especially related to B3 Waste management The presence of the B3 Waste management industry is needed as a party that manages B3 Waste from waste producers, especially when these producers do not have the ability or facilities to manage it themselves. One of the industries managing B3 Waste, PT Dame Alam Sejahtera, has implemented Government Regulation No. 22 of 2021 concerning P3LH that has environmental approval that has been determined by the Central Government, in this writing using an empirical legal research method. The conclusion in this study is that the implementation of Government Regulation No. 22 of 2021 concerning P3LH is considered more complex than previous regulations, especially related to the change of management permits to technical approvals according to B3 Waste management activities, and administrative sanctions as per article 508 paragraph 1.Government Regulation No. 22 of 2021 concerning PP3LH, such as written reprimands to revocation of permits, is a strategic step to uphold environmental justice and responsibility in a preventive and persuasive manner, without directly applying criminal sanctions.
Professional Zakat as an Instrument of Maqashid Syariah from the As-Syatibi Perspective in the Development of National Law in Indonesia Ubbadul Adzkiya; Ahmad Rofiq; Muhlis; Ahmad Lukman Nugraha; Nur Izzati binti Ab Ghani
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.v24i2.7055

Abstract

This study aims to define professional zakat from the point of view of the concept of maqashid as-Shari'ah offered by Abu Ishaq Al-Syatibi. The author seeks to analyze the potential of zakat profession through the maqashid as-Shari'ah indicator. The research method used is qualitative with a normative approach. The results showed that zakat profession as a form of mashlahah in alleviating poverty. The author sees no nash inferring the prohibition of zakat profession (Lafadz al Amr wa al Anhy). At the time of the Prophet and Companions, the types of professions of the people at that time were limited to breeders, traders, miners and farmers (maqhasid at-tabi'ah). The study of zakat is also very dynamic (sukut al-Syar'i). Empowerment of the poor (Istiqra'). Zakat profession can realize benefits and be able to avoid chaos. The daruriyyat aspect, professional zakat is a support for the basic needs of the poor and poor, especially after the pandemic. The hajjyyat aspect, professional zakat is able to eliminate difficulties or make the maintenance of the five main elements even better. The aspect of tahsiniyyat, professional zakat is able to improve the standard of living of the poor community from recipients of zakat funds to zakat fund givers.
Reconstruction Of Intellectual Property Rights Protection Policy In Indonesia From A Progressive Law Perspective Dyah Retno Pitasari
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.v24i2.7062

Abstract

Intellectual Property Rights (IPR) protection in Indonesia continues to face significant challenges regarding its effectiveness, accessibility, and alignment with the country's socio-cultural realities. Many IPR regulations are modeled on international legal frameworks that often lack contextual relevance to local needs particularly those of indigenous communities, micro, small, and medium enterprises (MSMEs), and traditional artists. This disconnect reveals the insufficient role of the state in ensuring substantive justice across all layers of society. This study seeks to critically assess IPR protection policies through the lens of progressive legal theory a framework introduced by Satjipto Rahardjo, which posits that law should serve social justice and be responsive to societal dynamics. By employing both normative-juridical and sociological methods, this research underscores the urgent need to reconstruct IPR policies so that they go beyond formal legal protection and function as tools for empowering local creative sectors. The findings indicate that a just and equitable IPR protection system must integrally account for social, economic, and cultural dimensions. Progressive law offers a foundational approach for designing policies that are inclusive and responsive to the lived realities of the Indonesian people. Therefore, the reconstruction of IPR policy is not only a legal necessity but also a moral imperative in creating a legal system that is liberating, human-centered, and socially just.
Law Enforcement Against Perpetrators of Imported Clothing Smuggling as an Economic Crime to Enhance the National Economy Ramdania, Dini; Setiadi, Edi; Heniarti, Dini Dewi; Ifeanyi M. Nwokeocha; Anurag Hazarika
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.v24i2.7113

Abstract

Smuggling at present has reached an alarming level, no longer merely constituting an economic offense but amounting to an economic crime. The smuggling of goods, particularly textiles, has caused significant losses and adversely affected the national economy. The state’s response in establishing a special task force to address smuggling has, in practice, been unable to eradicate the influx of smuggled goods in a comprehensive manner. Measures undertaken thus far have proven inadequate in resolving the problem. The sanctions provided under Law No. 17 of 2006 on Customs, in the form of criminal penalties and/or fines, are considered insufficient if the objective is to recover the losses suffered by the state, both in terms of taxation and other economic consequences. In reality, such sanctions have failed to create a deterrent effect, leaving the state in a position of continual loss.
Reconstructing The Concept Of Unlawful Acts To Address The Challenges Of Modern Civil Disputes Markus Suryoutomo; Sofia Lindgren
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.v24i2.7115

Abstract

Tort, or Perbuatan Melawan Hukum (PMH), is a fundamental pillar in Indonesia’s civil law system as it serves as the basis for awarding compensation to injured parties. Article 1365 of the Indonesian Civil Code stipulates that anyone who commits an unlawful act causing harm to another is obliged to provide compensation. While this classical formulation was once considered sufficient, the rapid transformation of society and technology has given rise to new forms of disputes that are not fully addressed under the traditional PMH framework. Issues such as personal data breaches, online defamation, fraudulent electronic transactions, and the misuse of intellectual property demonstrate the limitations of the conventional doctrine in addressing contemporary civil disputes. This article aims to explore the necessity of reconstructing the PMH concept to make it more adaptive and responsive to modern challenges. The study employs a normative juridical approach by examining statutory provisions, court decisions, legal doctrines, and relevant scholarly works. The analysis also includes a comparative perspective with tort law in common law jurisdictions, which generally shows greater flexibility in meeting societal needs. Findings highlight the importance of redefining the scope of “unlawful acts,” incorporating restorative justice principles, and applying standards of due diligence in the digital context

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