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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 1,631 Documents
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Legal Protection for Wives in Murder Cases: An Islamic Law and Positive Law Perspective Muhammad Yasir; Syamsiah Nur; Rina Septiani; Solihah Sari Rahayu; Ratna Rintaningrum; Karimuddin Abdullah Lawang
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.v24i1.5893

Abstract

This study aims to analyze the legal protection for wives in murder cases from the perspectives of Islamic law and positive law. In the context of Islamic law, the principle of justice governs the rights of wives, including protection against domestic violence. However, the implementation of this principle in judicial practice still faces various challenges. On the other hand, Indonesia's positive law, despite regulating women's protection through the Law on the Elimination of Domestic Violence (UU PKDRT), also encounters obstacles in effective law enforcement, particularly in cases of violence resulting in murder. This study also discusses the comparison of sanctions imposed on perpetrators of wife murder in both legal systems, highlighting significant differences in the determination and implementation of penalties. Additionally, this research identifies major challenges in law enforcement, such as the lack of gender sensitivity among law enforcers and the limited access victims have to effective protection. The proposed policy recommendations include strengthening regulations on wife protection, enhancing the capacity of law enforcement officers, and expanding access to legal and psychological services for victims. This study contributes to the development of a more responsive legal policy for women's protection.
LEGAL CONSEQUENCES OF NOT DELETING A REGISTERED FIDUCIARY SECURITY IN THE ONLINE SYSTEM IN BALI PROVINCE Kadek De Adnyana; Ketut Sukawati P Perbawa; Lis Julianti; Putu Lantika Oka Permadhi
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.v24i1.5895

Abstract

This research analyzes the legal consequences of not removing Fiduciary guarantees registered in the online system in the province of Bali. The implementation of the elimination of Fiduciary guarantees registered in the online system is the obligation of Fiduciary recipients as creditors, this provision is regulated in Article 16 paragraph (2) of Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees And the cost of making a Fiduciary Guarantee Deed. However, in practice there are still fiduciary recipients, namely creditors who do not fulfill their obligations to abolish the fiduciary guarantee after the fiduciary giver, namely the debtor, has fulfilled all his achievements. There is no sanction that regulates related if the Fiduciary recipient does not eliminate the Fiduciary guarantee which results in this obligation being disobeyed. The study of this research is related to the implementation of the elimination of Fiduciary guarantees registered in the online system and the legal consequences of the negligence of the Fiduciary recipients for not notifying the Fiduciary guarantee deletion to the Minister registered in the online system. The method used is an empirical legal research method. The analytical knife of legal issues in this thesis is the theory of legal effectiveness, the theory of legal certainty and the theory of legal protection. The results that can be concluded in this study are if the Fiduciary recipient, his proxy or his representative does not notify the removal of the Fiduciary guarantee, then the Fiduciary guarantee concerned cannot be re-registered.
GOVERNMENT ROLE IN ENHANCING MSME MARKET ACCESS AT REGIONAL AND GLOBAL LEVELS Syafrida; Arihta Eshter Br Tarigan; Ema Farida
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.v24i1.5898

Abstract

Micro, Small, and Medium Enterprises (MSMEs) are small-scale businesses and home industries that produce various products. Generally, they operate using simple methods, with minimal use of technology and limited capital, which hinders business growth. The government plays a role in fostering MSMEs, as they are the backbone of both community and national economies. MSMEs contribute to job creation. Given the importance of MSMEs and the challenges they face in running their businesses, government intervention is needed to provide support. This support includes facilitating access to business capital, licensing, and technology utilization for product marketing. The government also assists MSMEs in continuously improving quality and standards through product innovation to enhance competitiveness. Furthermore, fostering collaborations and partnerships with other countries, relevant institutions such as BPOM, the Ministry of Tourism and Creative Economy, BNSP, domestic and foreign investment companies, and higher education institutions is essential.
Pentingnya Audit Investigasi pada Perusahaan Unicorn Indonesia yang Melakukan Penipuan Investasi Susanto Susanto; Yoyon Mulyana Darsuman; Muhammad Iqbal
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.v24i1.5901

Abstract

This study aims to analyze in more depth the case of alleged manipulation of eFishery's financial statements, showing the importance of investigative audits in maintaining transparency, accountability, and investor trust. This study uses a normative legal approach to analyze the alleged manipulation case of eFishery's financial statements and the urgency of investigative audits in preventing and prosecuting similar cases in Indonesian unicorn companies. Common fraud schemes include financial statement manipulation, where companies inflate revenue, record fictitious transactions, or conceal debt to create an illusion of profitability. Additionally, Ponzi schemes pose a significant risk to investors, as returns promised to earlier investors are paid using funds from new investors rather than legitimate business profits. Regulations such as Law No. 8 of 1995 on Capital Markets and Law No. 10 of 1998 on Banking require companies raising public funds to provide transparent and accurate financial information. In the case of eFishery, investigative auditing is essential to uncover potential violations of these regulations. Findings from investigative audits can be used by regulators such as OJK, Bappebti, and Kominfo to tighten supervision and take action against companies proven to engage in fraudulent practices. Additionally, investigative auditing plays a preventive role in maintaining investor confidence and ensuring the sustainable, transparent growth of the startup ecosystem.
Cultural Distortion in Marriage Taaruf Through Matchmaking Applications from the Perspective of Islamic Law Muhammad Saleh; Nurlaila Harun; Eti Yusnita; Hendriyanto Hendriyanto; Sheyra Silvia Siregar
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.v24i1.5913

Abstract

The advancement of technology has transformed the way individuals seek life partners, including among Muslims. One emerging phenomenon is the use of matchmaking applications as a medium for taaruf in preparation for marriage. This study aims to analyze the use of matchmaking applications as a taaruf medium from the perspective of Islamic law. The research employs a qualitative method with a literature study approach, examining various sources related to Islamic family law, the concept of taaruf, and the use of technology in partner-seeking. The findings indicate that Islam does not prohibit the use of technology in finding a spouse, provided that Sharia principles are upheld, such as maintaining interaction boundaries, involving a guardian (wali), and prioritizing the right intentions. Several applications offer features that support Islamic taaruf, such as identity verification, filtering potential partners based on Islamic values, and guardian supervision in communication. However, challenges such as the risk of identity misuse and potential deviations from Islamic norms must be considered. Therefore, regulations and user education are necessary to ensure that these applications are used wisely and remain within the framework of Islamic law. With the right approach, matchmaking applications can serve as a modern solution for realizing Islamic marriages characterized by sakinah, mawaddah, and rahmah.
Indivisibility Principle of Regional Financial Management In Indonesia Ansar; Asri Lasatu; Rahmat Bakri; Muhammad Hatta Roma Tampubolon; Siti Fatimah Maddusila
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.v24i1.5918

Abstract

Regional budgets (APBD) have an important role in fulfilling human rights (HAM), but the integration of human rights principles in regional financial management still faces challenges. Separate budget management is contrary to efforts to fulfill human rights comprehensively. This study focuses on aspects of budget policy towards the fulfillment of human rights, especially how the principle of indivisibility as a state obligation is realized in policies and implementation of regional financial policies. This study is a normative legal study with a conceptual and legislative approach. The results of the study indicate that optimal and participatory regional financial planning ensures the fulfillment of basic rights in a comprehensive and interrelated manner, such as the right to health which includes health services, a healthy environment, and social security. The APBN and APBD reflect the sovereignty of the state and the aspirations of the people, with the main goal of achieving community welfare. Budget management must prioritize human rights principles, ensure equality, and integrate economic, social, and cultural rights into policies. Regional governments need to set budget priorities that support the fulfillment of relevant human rights, with the aim of realizing sustainable and equitable development
Analysis of the Press Law and the Authority of Local Journalists in Mining Issues in East Kalimantan Nurliah Nurliah; Jaka Farih Agustian; Johantan Alfando Wikandana Sucipta; Adinda Rahmadhani; Aulia Lun Ananda Putri
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.v24i1.5920

Abstract

Indonesia is endowed with abundant natural resources (SDA); however, unsustainable exploitation has resulted in severe environmental consequences. East Kalimantan, as a major hub for the coal mining industry, faces significant challenges related to illegal mining, which is spread across 168 locations. The negative impacts extend beyond environmental degradation, leading to fatalities due to abandoned mining pits that were never reclaimed. In this context, mass media serves as a public watchdog through critical and in-depth reporting. However, local journalists encounter various challenges in covering mining issues, including pressure from capital owners, risks of criminalization, and limited access to resources. This study aims to analyze the implementation of the Press Law in supporting press freedom and the challenges local journalists face in exposing mining realities in East Kalimantan. A qualitative approach with literature review methods was employed. The study results indicate that although local media such as RRI, Kaltim Post, Kaltim Kece, and TVRI fulfill their supervisory role as mandated by the Press Law, pressure from mining companies and political interests often obstruct objective and balanced reporting. Therefore, strengthening regulations and legal protections for journalists is essential to ensure that they can carry out their journalistic duties professionally, transparently, and responsibly, in line with the principles of environmental journalism.
Maqashid Syariah Perspective: Implementation of Ta’widh and Ta’zir in Islamic Banking in the View of the Fatwa of the Indonesian Ulema Council Khristina Sri Prihatin; Asmuni Asmuni
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.v24i1.5922

Abstract

The DSN-MUI Fatwa regulates the application of ta’widh and ta’zir by taking into account sharia principles, ensuring that the compensation mechanism and sanctions do not contain elements of usury or injustice. From the perspective of maqashid sharia, the application of ta’widh and ta’zir aims to protect property (hifzh al-mal) and uphold justice in transactions, thus supporting the achievement of the main objectives of sharia. This research shows that the DSN-MUI fatwa provides a clear legal basis for the implementation of these two concepts, maintaining a balance between the protection of the rights of transacting parties and the continuity of fair and sustainable Islamic banking practices. Using a descriptive qualitative approach and normative analysis, this study explores how MUI fatwas regulate the application of ta’widh and ta’zir and how their application is relevant to the main objectives of maqashid sharia, namely safeguarding wealth, justice and social balance in the Islamic economy
The Contribution of the North Sumatra Regional Broadcasting Commission (KPID) in Supervising the Broadcast of the Governor's Election Campaign North Sumatra in 2024 Ahmad Kurniawan Harahap; Mardian Idris Harahap; Aminuddin; Anggia Ramadhan
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.v24i1.5924

Abstract

Law No. 32 of 2002 gave birth to a new chapter in the world of broadcasting in Indonesia, through which it is regulated regarding all matters related to the world of broadcasting. Including the establishment of all independent institutions that regulate and control national broadcasting. The institution was named the North Sumatra Indonesian Broadcasting Commission. This research aims to find out the contribution of the North Sumatra KPID in supervising campaign broadcasts in the 2024 North Sumatra Governor Election. Then to analyze what strategy is used by the North Sumatra KPID in supervising campaign broadcasts in the 2024 North Sumatra Governor Election. The research used is descriptive. Data collection was carried out through in-depth interviews with the Commissioner of the Indonesian Broadcasting Commission of North Sumatra. The results of the study show that the Indonesian Broadcasting Commission of North Sumatra has made a very positive contribution in carrying out the supervision of campaign broadcasts. This is strengthened by the work carried out by KPI D North Sumatra which was positively welcomed by the community. The Indonesian Broadcasting Commission of North Sumatra also took strategic steps in supervising campaign broadcasts in the Governor and Deputy Governor Elections of North Sumatra
Development of Environmental Law in Indonesia and Ethiopia: Philosophy and Normative Aspects Ikhsan Wahyudi; Rafly Muzhaffar Rizqullah; Farhan; Gema Ayodya Syuhada Firdaus
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.v24i1.5926

Abstract

The comparison of environmental law in Indonesia and Ethiopia reflects differences in philosophical and normative approaches due to historical, cultural, and legal system factors in each country, with major challenges in regulatory implementation, institutional capacity, and law enforcement to achieve sustainable development and effective environmental protection. The objective of this study is to analyze the development of environmental law in Indonesia and Ethiopia from the perspective of the philosophy underlying the formation and implementation of regulations, as well as to compare the normative aspects of environmental law in both countries and the factors affecting the effectiveness of their implementation. This study employs a normative legal method with a comparative, statutory, and conceptual approach, utilizing literature studies and descriptive-qualitative as well as comparative analysis. The findings reveal that the comparison of environmental law between Indonesia and Ethiopia demonstrates that both countries have a strong legal foundation for environmental protection but adopt different approaches based on their respective social, economic, and geographical contexts. Indonesia embraces the philosophy of sustainable development rooted in Pancasila and the 1945 Constitution, with key regulations such as Law No. 32 of 2009, emphasizing the precautionary principle and the polluter-pays principle. Meanwhile, Ethiopia places greater emphasis on environmental rights and ecological justice, as reflected in the 1995 Ethiopian Constitution and regulations such as the Environmental Impact Assessment Proclamation No. 299/2002. Although both countries have strong normative frameworks, implementation remains challenging, with Indonesia struggling to balance industrial interests with environmental protection, while Ethiopia faces institutional and resource limitations in law enforcement.

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