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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 1,613 Documents
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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 Saleh, Muhammad; Harun, Nurlaila; Yusnita, Eti; Hendriyanto, Hendriyanto; Siregar, Sheyra Silvia
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; Lasatu, Asri; Bakri, Rahmat; Tampubolon, Muhammad Hatta Roma; Maddusila, Siti Fatimah
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; Agustian, Jaka Farih; Wikandana Sucipta, Johantan Alfando; Rahmadhani, Adinda; Ananda Putri, Aulia Lun
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 Prihatin, Khristina Sri; 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 Wahyudi, Ikhsan; Rizqullah, Rafly Muzhaffar; Farhan; Firdaus, Gema Ayodya Syuhada
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.
THE ROLE OF LEGAL POLITICS IN THE FORMATION OF LEGISLATION IN INDONESIA AS A MEANS OF REALIZING STATE GOALS Amiruddin Lannurung; Patwari
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.v24i1.5932

Abstract

This research discusses the role of legal politics in the formation of laws and regulations in Indonesia as an instrument to realize state goals. Legal politics has a strategic role in determining the direction and substance of regulations made by the government and legislature, so that it is able to reflect constitutional values and national interests. The research method used is a normative method with a statute approach and a conceptual approach. Data is collected through literature studies that include analysis of laws and regulations, legal doctrines, and related scientific literature. The results of the study show that legal politics is the main factor in forming regulations that are not only based on positive legal norms, but also consider social, economic, and political aspects. In addition, legal politics plays a role in directing legislation to be in line with Pancasila and the 1945 Constitution of the Republic of Indonesia as the basis of state ideology. The findings of this study confirm that the effectiveness of the formation of laws and regulations is highly dependent on the stability of legal politics that is progressive, responsive, and oriented to the interests of the people.
WAKAF REGULATIONS AND POLICIES BETWEEN INDONESIA AND MALAYSIA: COMPARISON AND IMPLICATIONS Muhammad Amin Qodri; Rafiqi; Umar
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.v24i1.5939

Abstract

This study examines the comparative regulation and implementation of waqf policies between Indonesia and Malaysia, focusing on the analysis of differences in the legal framework, asset management, legal certainty, transparency, technology adoption, resource support, and socialization and education. The main objective of this study is to understand the fundamental differences in waqf regulations and practices in the two countries and identify the implications of these differences on the effectiveness and efficiency of waqf management. Methods This study will use a normative legal approach with a comparative analysis approach. This method will involve several well-structured stages to ensure that the data obtained is valid, reliable, and relevant. The data used include laws and regulations, policy documents, and literature related to waqf in Indonesia and Malaysia. The results of the study show that Malaysia has advantages in terms of effective waqf asset management, better legal certainty, high transparency, and the adoption of sophisticated technology and innovation. In contrast, Indonesia faces challenges in terms of complex regulations, managerial capacity of nadzir, and limited technical and financial support. The implications of these findings point to the need for reform in the legal framework and increased capacity of nadzir in Indonesia. Adoption of technology and increased financial support and public education are also important to improve the effectiveness of waqf management in Indonesia. With these steps, it is hoped that waqf management can become more efficient, productive, and provide a greater positive impact on society.
Dynamics of Human Rights Law: A Qualitative Study on Law Enforcement in Refugee Cases in Indonesia Dewa Gde Padmayasa; Ida Ayu Sadnyini
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.v24i1.5942

Abstract

This study examines the dynamics of refugee protection laws in Indonesia, focusing on the challenges faced by law enforcement in implementing international standards of refugee protection. Despite Indonesia being a signatory to the 1951 Refugee Convention and the 1967 Protocol, the absence of clear domestic legislation has resulted in inconsistent protection for refugees. The lack of legal recognition leaves refugees vulnerable to mistreatment, including deportation and limited access to essential services such as healthcare, education, and employment. This research identifies key barriers, including the lack of awareness and training among law enforcement officers, the legal uncertainty surrounding refugees' status, and the inadequate enforcement of policies. By employing a descriptive qualitative approach, the study gathers data through participatory observation and literature analysis to understand the enforcement practices and identify necessary reforms. The findings highlight the need for comprehensive refugee legislation, better coordination among agencies, and enhanced training for authorities to improve the legal protection of refugees. The study aims to contribute to the development of a more effective refugee protection framework in Indonesia, aligning domestic policies with international norms to ensure the rights and dignity of refugees are upheld

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