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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 1,653 Documents
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Legal Philosophy Review of The Authority to Add Norms in the Constitutional Court Decision No. 90/PUU-XXI/2023 Silm Oktapani; Robert Libra
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

Abstract

The Constitutional Court (MK) has a central role in maintaining the constitutionality of laws in Indonesia. One of its important functions is to review laws against the 1945 Constitution. However, the Constitutional Court's review should still respect the authority of the legislative power as the legislator. On the contrary, the addition of provisions occurred in Constitutional Court Decision No. 90/PUU-XXI/2023. The problems raised in this research are the position of Consitutional Court as the guardian of the constitution and the legal philosophy review of the authority to add norms in the a quo decision. The method used is normative juridical with a statutory, conceptual, and philosophy approach. The Constitutional Court did not reflect as the guardian of a quo decision. Then, philosophical analysis of the a quo decision found the following points: 1) in terms of positivism, the Constitutional Court exceeded its authority; 2) the addition of provisions in a quo decision has significant impact on national legislation; and 3) the limitation of the Constitutional Court's authority in adding provisions in its decision.
The Perspective of Civil Law in Legal Protection for Children in Bullying Cases Hotmaida Simanjuntak; Monalisa Siahaan; Kondios Meidarlin Pasaribu
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.v24i1.5799

Abstract

Civil law plays a crucial role in protecting children who are victims of bullying by providing a legal basis to claim compensation for material and immaterial damages. Article 1365 of the Civil Code, which regulates unlawful acts, allows bullying victims to seek compensation from the perpetrator or negligent parties, such as schools. Additionally, the civil law approach supports dispute resolution through mediation, in line with the best interests of the child principle. Preventive protection can also be implemented through anti-bullying policies in schools that require educational institutions to be responsible for student safety. However, the implementation of civil law in bullying cases faces challenges, such as difficulties in proving psychological harm and a lack of public understanding of legal rights. Therefore, broader legal awareness and legal education are needed to strengthen children's protection against bullying.
Criminal Law Policy in the Field of Taxation Based on Interests for the Interest of State Revenue: Study at Pre-Adjudication Stage Ario Aprianto Gopar
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.v24i1.5817

Abstract

There is a gap between the state's goal of optimizing tax revenues originating from criminal suspects in the field of taxation and the formulation of Article 44B of Law Number 7 of 2021 concerning Harmonization of Tax Regulations. This type of research is normative legal research by adopting a statutory approach, comparative approach, conceptual approach, futuristic approach and case approach. The research results show that the ideal criminal law policy in the tax sector at the pre-adjudication stage in the future is to expand the authority of the Attorney General in terminating criminal cases in the tax sector up to the pre-prosecution process. This policy has the potential to stimulate an increase in state revenue originating from taxes
LEGAL STRATEGY FOR EMPOWERING CUSTOMARY INSTITUTIONS THROUGH CUSTOMARY LAND REGISTRATION Andi Tira; Zulkifli; Juliati; Adi Muliawansyah Malie
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.v24i1.5825

Abstract

Customary institutions have an important position for indigenous peoples both as cultural symbols and as a means of controlling the lives of indigenous peoples so it is important to be legally protected. Customary institutions need legal certainty through normative recognition from the government. The purpose of this research is first, to analyze the existence of indigenous peoples through three indicators: (1) there is a customary law community (2) there is an area or customary land (3) there is a customary legal order. Second, to analyze the registration of customary land rights as a legal strategy to empower customary institutions. The type of research used is qualitative with a normative-empirical approach. The normative approach uses the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 14 of 2024 concerning the Implementation of Land Administration and Registration of Customary Land Rights of Customary Law Communities. While the empirical approach is through a survey of the existence of indigenous peoples. There are two types of data used, namely primary data obtained through interviews and secondary data obtained through the review of laws and regulations, journals and legal literature. The results showed that first, the existence of Patongloan customary law communities fulfills the indicators: (1) There is a group of people who have an attachment to hereditary traditions adhered to as guidelines for daily life including in dispute resolution, (2). There is a customary area occupied by the community to fulfill the needs of life together, called customary land. (3), There is a customary legal order inherited by the Patongloan community. Second, the strategic step to empower Patongloan customary institutions is through the registration of customary land rights at the Enrekang Regency Land Office. This study recommends that Patongloan customary institutions register their customary land in the form of management rights and/or as joint property rights.
Examining the Ethical Dimensions of Asset Seizure in Credit Transactions: A Study from the Perspective of Islamic Law Ana Sriekaningsih; Vita Briliana; Loso Judijanto; Rokhimah Rokhimah; Swadia Gandhi Mahardika; Us Us Surya Nopendi; Yusniar Yusuf Ibrahim
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.v24i1.5829

Abstract

This study aims to examine the ethical dimensions of asset repossession practices in credit sales from the perspective of Islamic law. In the context of Islamic law, credit transactions must adhere to principles of justice, honesty, and transparency, where the repossession of goods by the seller when the buyer fails to fulfill their obligations requires a thorough ethical review. This research employs a qualitative approach with a case study method focusing on companies that implement credit systems in their sales. Data were collected through in-depth interviews with business practitioners and consumers, as well as through the analysis of related documents. The results indicate that although asset repossession in credit sales is recognized as a seller’s right, this practice often conflicts with Sharia principles if it is not carried out with fair consideration for the interests of both parties. The study concludes that there is a need for a more just and transparent mechanism in the repossession process to ensure that the rights of all parties are protected in accordance with Islamic business ethics principles. As a recommendation, it is proposed to develop more detailed ethical guidelines regarding asset repossession in credit sales so that they can be applied consistently and fairly in Sharia business practices.
The Resolution of Corruption Crimes with Connectivity Following the Constitutional Court Decision Budi Pramono; Bambang Ariyanto
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.v24i1.5831

Abstract

The resolution of corruption offenses related to connectivity, following the issuance of Constitutional Court Decision Number: 88/PUU-XXI/2023, requires careful scrutiny due to significant changes in case management mechanisms. Previously, the Corruption Eradication Commission (KPK) lacked jurisdiction over connectivity-related corruption cases; however, this ruling has granted it the authority to handle such matters. This research adopts a normative legal approach, utilizing both legislative and conceptual frameworks to examine the issue. Despite the ruling, the handling of connectivity-related offenses—including investigation, prosecution, and adjudication—remains misaligned with existing Indonesian legal frameworks. Currently, case management in this domain involves the Ministry of Defense, the Attorney General's Office, and the Headquarters of the Indonesian National Armed Forces through a permanent connectivity team. This team was established under the Joint Decision of the Minister of Defense Number: 2196/M/XII/2021, the Attorney General Number: 270 of 2021, and the Indonesian National Armed Forces Commander Number: Kep/1135/XII/2021, dated December 7, 2021. However, this decision does not yet integrate the Corruption Eradication Commission (KPK) or the National Police (Indonesian Police). As a result, if the KPK or the Police handle connectivity-related corruption cases, they must be processed separately (splitting), potentially leading to inconsistencies, inefficiencies, and accountability gaps in law enforcement. Such fragmentation could damage public trust in the justice system and negatively impact the reputation of the Indonesian National Armed Forces. If left unaddressed, these inefficiencies may lead to substantial financial losses for the state. The ruling introduces a shift in operational frameworks, emphasizing a collaborative decision-making process involving all relevant institutions, with careful consideration of military concerns.
The Impact Of Artificial Intelligence Development On Personal Data Protection In An Effort To Achieve Legal Certainty Sahat Maruli Tua Situmeang; Musa Darwin Pane; Diah Pudjiastuti
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.v24i1.5832

Abstract

Artificial Intelligence (AI) has revolutionised various sectors, including law, by providing significant efficiency and innovation. However, this development also presents complex challenges related to data privacy. This research aims to analyse, first, how legal protection of personal data in AI applications can help achieve legal certainty, and second, what efforts are being made to strengthen the legal framework in addressing data privacy challenges posed by AI development. The legal research method used is normative legal research. The findings highlight that improvements are needed in the existing legal framework to be more responsive to AI advancements. Therefore, in order to achieve legal certainty, the legislature must develop more specific regulations regarding the use of AI in the context of personal data protection and establish a task force responsible for public outreach and education to raise public awareness about the importance of personal data protection
The Role of Constitutional Law in Achieving Political Stability and Social Justice in Indonesia Marjan Miharja; Sulis Setyowati; Suhendar; Achmad Zahruddin
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.v24i1.5839

Abstract

Ahmad, A. (2024). Analysis of the Legal Outputs of State Institutions: The Case of the Constitutional Court of the Republic of Indonesia. Enigma in Law, 1(2), 36–40. https://doi.org/10.61996/law.v1i2.35 Annisa Salsabila, Tria Noviantika, & Ahmad Yani. (2024). Initiating Constitutional Morality: Political Intervention, Ethical Reinforcement, and Constitutional Court Decisions in Indonesia. Constitutional Review, 10(2), 505–537. https://doi.org/10.31078/consrev1028 Anogara, S., Ferdiansyah, M., Esfandiari, F., & . S. (2024). Analysis of the Mechanism for Dismissal of Judges of the Constitutional Court by the House of Representatives of the Republic of Indonesia. KnE Social Sciences. https://doi.org/10.18502/kss.v8i21.14765 Aprilia, H. N., & Fartini, A. (2024). Human Rights Guarantees for People with Mental Disorders in The Indonesian Constitution. Jurnal Mahasiswa Hukum Islam, 1(2), 121–135. https://doi.org/10.37035/jurhis.v1i2.9524 Baik, J. (Sophia), & Sridharan, H. (2024). Civil rights audits as counterpublic strategy: articulating the responsibility and failure to care for marginalized communities in platform governance. Information, Communication & Society, 27(5), 836–855. https://doi.org/10.1080/1369118X.2023.2227685 Daswanto, D. (2024). Legal Policy of Pretrial Arrangements in Criminal Procedure Law in Indonesia by the Constitutional Court. Interdiciplinary Journal and Hummanity (INJURITY), 3(11), 755–767. https://doi.org/10.58631/injurity.v3i11.1309 Dollu, D. Y., & Fatima, R. N. (2024). Problem from mk powerful number 90/Puu- Xii/2023 related to article 169 letter Q number 7 Year 2017 about general election (Election Law). Journal of Multidisciplinary Academic and Practice Studies, 2(3), 317–323. https://doi.org/10.35912/jomaps.v2i3.2245 Fadrial, R., Sujianto, S., Tua Ricky Freddy Simanjuntak, H., Wirman, W., & Setiawan Wibowo, W. (2024). Fostering Trust Through Bytes: Unravelling the Impact of E-Government on Public Trust in Indonesian Local Government. Interdisciplinary Journal of Information, Knowledge, and Management, 19, 015. https://doi.org/10.28945/5317 Farid, A. M. F., & Nanik, N. P. (2023). Legal Reasoning of the Constitutional Court Verdict Number 25/PUU-XX/2022 on the State Capital Law According to Social Justice Value. Jurnal Jurisprudence, 12(2), 217–232. https://doi.org/10.23917/jurisprudence.v12i2.1285 Hidayat, A. (2024). The Impact of Globalization on the Dynamics of the Constitutional Law System in Indonesia: An Analytical Review. Pena Justisia: Media Komunikasi Dan Kajian Hukum, 23(3), 2009–2020. https://doi.org/10.31941/pj.v23i3.4332 Hidayat, R. N., & Novrizal, M.-. (2024). Strengthening the Constitutional Court’s Authority to Adjudicate on Disputes Regarding the Result of Regional Head Election In Indonesia: an Urgency to Clarify the Constitutional Framework. Pena Justisia: Media Komunikasi Dan Kajian Hukum, 23(1), 373. https://doi.org/10.31941/pj.v23i1.4022 Ihza Ibrahim. (2024). ANALISIS LEGAL STANDING PEMOHON DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 90/PUU-XXI/2023. Khuluqiyya: Jurnal Kajian Hukum Dan Studi Islam. https://doi.org/10.56593/khuluqiyya.v6i2.135 Lutfi, F., Pramono, S. E., & Masrukhi, M. (2024). The Role of BPIP in Indonesia’s Legal Reform: Navigating Social Transformation and Ideology Education Challenges. Journal of Law and Legal Reform, 5(4). https://doi.org/10.15294/jllr.v5i4.18921 Moh. Thohir, & Didik Sukriono. (2024). IMPLEMENTATION AUTHORITY OF THE CONSTITUTIONAL COURT IN THE INDONESIAN CONSTITUTIONAL LAW SYSTEM. Awang Long Law Review, 6(2). https://doi.org/10.56301/awl.v6i2.1112 Mukherjee, A. (2024). Efficacy of Legal Aid: Bridging the Justice Gap. Galore International Journal of Applied Sciences and Humanities, 8(3), 29–41. https://doi.org/10.52403/gijash.20240304 Rahaditya, R., Rachmat, L. I., Sari, R. A. D. P., & Nugroho, Y. A. (2024). Transformation of the Indonesian Constitutional System Through Amendments to the 1945 Constitution. QISTINA: Jurnal Multidisiplin Indonesia, 3(1), 740–748. https://doi.org/10.57235/qistina.v3i1.2412 Reza, M. F., Zahara, F., & Khalid, K. (2024). Judicial Considerations in Granting and Rejecting Child Madiyah Support Claims from a Progressive Legal Theory Perspective (A Normative Juridical Study of Decision No. 1172/Pdt.G/2018/PA.Smd. and Decision No. 41/Pdt.G/2014/PA Tkl.). Journal of Law, Politic and Humanities, 4(6), 2314–2325. https://doi.org/10.38035/jlph.v4i6.733 Rudy, E., & Adang Supriyadi, A. (2025). Security Policy Transformation to Accelerate the Achievement of the Sustainable Development Goals (SDGs) in Papua. https://doi.org/10.20944/preprints202501.1975.v1 Sapsudin, A., & Qohar, H. A. (2024). Constitutional Law Reform to Realize Inclusive Higher Education for Persons with Disabilities. JURNAL AKTA, 11(4), 1320. https://doi.org/10.30659/akta.v11i4.40699 Siregar, D. P., & Wisnaeni, F. (2024). Political Legal Dissenting Opinion Ruling in the Dispute Cases on the Results of the 2024 Presidential General Election by Constitutional Judges. International Journal of Social Science and Human Research, 7(07). https://doi.org/10.47191/ijsshr/v7-i07-94 Sudiartha, I. B. P., Sihotang, E., & Suandika, I. N. (2024). Kewenangan Mahkamah Konstitusi Dalam Memutus Perselisihan Hasil Pemilu Sebagai Bentuk Judicialization of Politic. Ethics and Law Journal: Business and Notary, 2(2), 166–181. https://doi.org/10.61292/eljbn.191 Syahrain, A., Sugitanata, A., & Aminah, S. (2024). Political Moderation as a New Foundation in Indonesia: An Analysis of Deliberative Democracy Theory and Maqashid Shariah. An-Nida’, 48(2), 123. https://doi.org/10.24014/an-nida.v48i2.28985 Wadipalapa, R., & Tyson, A. (2025). Cross-Party Presidential Dynasticism in Indonesia: Evidence from the 2024 Presidential Elections. Pacific Affairs. https://doi.org/10.5509/2025981-art4 Zara, M. Y. (2021). Indonesian Mockery of the Dutch during the Indonesian Struggle to Maintain Independence (1945-1948). BMGN - Low Countries Historical Review, 136(3), 31–60. https://doi.org/10.51769/bmgn-lchr.6885 Zhen, R. (2024). Balancing Governance and Rights: The Interplay Between Constitutional and Administrative Law. Communications in Humanities Research, 32(1), 196–201. https://doi.org/10.542 54/2753-7064/32/20240070
Eksistensi Ketetapan Majelis Permusyawaratan Rakyat Setelah Perubahan Undang-Undang Dasar Negara RI Tahun 1945 Dalam rangka Penataan Tertib Peraturan Perundang-Undangan di Indonesia Ferry Edwar
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.v24i1.5846

Abstract

The amendment of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) has resulted in fundamental changes to Indonesia’s constitutional system compared to the pre-amendment period. One of the most significant changes is the transformation of the state's organizational structure from a distribution of power model—where the People’s Consultative Assembly (MPR) functioned as the embodiment of popular sovereignty—toward a separation of powers model based on the principle of checks and balances. This shift is particularly evident in the provisions of Article 1(2) in conjunction with Article 3 of the 1945 Constitution. The redefinition of the MPR’s position, functions, duties, and authorities has legal implications for the status and hierarchy of MPR decrees (TAP MPR) within the national legal system. The reinstatement of certain TAP MPR following the constitutional amendments was formalized through Article I of the Supplementary Provisions of the 1945 Constitution and later reaffirmed in TAP MPR No. I/MPR/2003 concerning the Existence of TAP MPR: Review of the Material and Legal Status of Decrees of the Provisional People's Consultative Assembly and the People's Consultative Assembly from 1960 to 2002. From a positive legal perspective, the existence of TAP MPR is officially recognized as a category of legislation and incorporated into the legal hierarchy. However, from a legislative science perspective, the legal norm established in Article I of the Supplementary Provisions of the 1945 Constitution is problematic and unconstitutional, as it contradicts the 1945 Constitution itself. This issue has broader implications for the validity of TAP MPR as part of the national legal framework and necessitates a systematic approach to ensuring a more coherent and orderly legislative system in the future. This study seeks to address the following research questions: Is the existence of TAP MPR, as currently in effect, constitutionally valid? What legal measures should be taken regarding the continued validity of TAP MPR in the effort to establish a coherent legislative system in Indonesia? This research adopts a normative legal approach utilizing doctrinal normology, with historical and juridical-analytical methodologies. The data used in this study consist of secondary data sources, including primary legal materials, secondary legal materials, and tertiary legal materials. The key findings of this study are as follows: The Legal Status of TAP MPR: From a juridical perspective, the existence of TAP MPR/MPRS is based on Article I of the Supplementary Provisions of the 1945 Constitution. However, from a legislative science perspective, the formulation of this legal norm is unconstitutional, as it contradicts Article 1(2) in conjunction with Article 3 of the 1945 Constitution. Given that the legal basis for recognizing TAP MPR is unconstitutional, its regulation in lower-ranking legislation—namely, TAP MPR No. I/MPR/2003 and Law No. 12 of 2011—is also unconstitutional by extension (mutatis mutandis). The unconstitutional nature of Article I of the Supplementary Provisions has, in effect, allowed the MPR to engage in legal maneuvering, resulting in the issuance of TAP MPR No. I/MPR/2003. Consequently, TAP MPR No. I/MPR/2003 itself must also be deemed unconstitutional. Furthermore, the existence of TAP MPR as a component of positive law has been formalized in Law No. 12 of 2011 on the Formation of Laws and Regulations, which recognizes TAP MPR as a category of legislation and includes it within the legal hierarchy. However, the juridical recognition of TAP MPR within this law is also unconstitutional, as it is derived from an unconstitutional legal foundation. Legal Measures for Legislative Reform in Indonesia: First, the MPR should amend the 1945 Constitution by removing Article I of the Supplementary Provisions to eliminate the unconstitutional basis for TAP MPR. Second, the MPR should conduct a legislative review of TAP MPR No. I/MPR/2003 by issuing an MPR decision to revoke and declare it null and void. This can be further reinforced through legislative review and judicial review (i.e., a constitutional challenge) against Law No. 12 of 2011 to ensure its alignment with the constitutional framework. By implementing these legal measures, Indonesia can establish a more structured and constitutionally sound legislative system, ensuring consistency with the principles enshrined in the 1945 Constitution.
National Development Planning In The Field Of State Defense Law Anang Puji Utama
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.v24i1.5847

Abstract

National development planning becomes a very important phase in designing the direction of the nation's and country's growth in the coming periods. Development planning in Indonesia is carried out based on the national development planning system, which encompasses all aspects of community, national, and state life. One of them is the planning in the field of national defense, which has the function of maintaining national existence and stability. The planning of national defense law development faces challenges in accordance with the dynamics of threats, obstacles, challenges, and disturbances to national defense. These challenges arise both at the national, regional, and global levels. National development planning in the field of state defense law is the subject of study in this article. The research method used is normative descriptive research by examining various related literatures. The result of this research is that national development planning in the field of national defense needs to be carried out by considering the dynamics of threats and challenges to national defense. The planning of national defense development requires planning related to the legal framework or regulations in the field of national defense to ensure the legality and legitimacy of the development of the national defense system.

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