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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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Substantive Justice for Indigenous Peoples through the Application of the Principle of Free Prior and Informed Consent (Comparison of Indonesia and Philippines) Jasim, Rahmi; Andora, Hengki
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.v24i1.6062

Abstract

In order to protect the rights of indigenous peoples in Indonesia and the Philippines, this study aims to examine the connection between substantive justice and the FPIC framework. Since Indonesia has not officially adopted Free, Prior, and Informed Consent (FPIC), there is a major difference between the two countries' legal systems in this respect. On top of that, it's a part of the Philippines' Indigenous Peoples' Rights Act (IPRA). Methods used in the study include conceptual frameworks, legal philosophy, comparative procedures, comparative approaches to policy and law, and normative (doctrinal) approaches to analysis. In spite of difficulties, the Philippines demonstrates a more thorough application of FPIC, but the results reveal that Indonesia's implementation is shallow and does not effectively protect the rights of indigenous groups. Separate bodies, such as the National Commission for the Rights and Protection of Indigenous Peoples (KNHPMA), should be established in Indonesia so that FPIC may be formally incorporated into laws, according to the paper. By fully integrating FPIC in Indonesia, we may achieve equity, inclusivity, and sustainable development based on respect for local knowledge. This might reduce agricultural disputes and improve the protection of indigenous peoples' human rights.
Islamic Archipelago Perspective in Symbolic Interpretation of Ngalaksa Customary Local Wisdom in Sumedang Regency, West Java Ahmad Saebani, Beni; Sutiana, Yana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Each ethnic community has a leader who controls its social and cultural communication. The leadership is equipped with its own territory, social norms, and traditional arts. The arts as a product of this culture are integrated with the community's belief in something metaphysical and supernatural, which is deified and believed to be the creator and ruler of the universe universally. Such as the “Ngalaksa” custom carried out by the Rancakalong community in Sumedang Regency every year. This custom is a symbol of gratitude to God for all the blessings that have been bestowed in the form of agricultural products. This research will answer about the symbolic meaning contained in the Ngalaksa custom and its contribution to the embodiment of traditional culture of the people in the archipelago as well as a religious understanding of the divine values contained in the Sundanese Ngalaksa custom. This research uses descriptive analysis method and anthropological approach with qualitative data collected by observing, interviewing, and participating with the implementation of Ngalaksa custom in Rancakalong, Sumedang. This research reveals that the Ngalaksa custom in Rancakalong, Sumedang, has a deep meaning in the context of empowering thinking, acting, and creating based on the teachings of Islam Nusantara. The cultural symbols of this custom are interpreted through Islamic values that strengthen the character and spirituality of individuals and communities, strengthening faith in God with practices that reflect the harmony of religion and local culture.
Multicultural Influence of the Conceptual Value of Civilization on Changes in Islamic Law Zulbaidah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

Islamic law moves with the times, Islam does not deny ijtihad as a solution offered in the formation of Islamic law. This study aims to analyze that Islamic Law is inseparable from the conceptual values of civilization, where different laws do not have to be prohibited, so that the relationship of Islamic law with diverse cultures is not a rigid law but can change according to changes and human welfare at a certain time. Descriptive analysis became the method used in this study. This study concludes that, first: Culture is an important concept in understanding society, where culture has three layers, namely: basic values that can be maintained, behaviors consisting of rituals and certain symbols. Second, Islamic law is a dynamic and flexible law, where attention to this change is then used as one of the important reasons in extracting law by scholars in conducting ijtihad, because many laws change according to social and cultural changes while still paying attention to the demands of benefit, not about mahdhah worship, the law is not qath'i, and that change must be based on the proposition of shari'i.
SOCIAL JUSTICE AND ACCESS TO HEALTH IN CIREBON REGENCY Gunawan, Mohamad Sigit Gunawan; Karina, Siska
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.v24i1.6070

Abstract

The 5th Pancasila Precept, which reads social justice for the community, includes justice in all aspects, including social justice in the health sector. The government has issued various regulations to implement the fifth precept of Pancasila, but in some areas, problems have arisen in the health sector. The national health program adopted by WHO is the UHC Program. One of the benefits provided by the UHC program is the active participation of 1x24 hours, but with the UHC program, several requirements must be met by local governments that cause new problems. This research method uses a qualitative research method that emphasizes in-depth understanding. The research was conducted in Cirebon Regency using data from the Health Office and Social Service and interviews with private hospitals. Cirebon Regency is an autonomous region with its inherent concurrent authority to make policies in the field of health services so that health service problems can be solved and the people of Cirebon Regency can feel social justice in the health sector.  
Limitations on the Use of Social Media in Health Services in Terms of Legislation Tengku Keizerina Devi Azwar; Utary Maharany Barus; Montayana Meher; Hilbertus Sumplisius M. Wau
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.v24i1.6073

Abstract

Activities on social media have become a habit that isdifficult for users to leave behind, making theseactivities take place continuously in order to continueto exist on social media. But not all of these activitiesare beneficial, they can also be disastrous for users andeven other people. The urgency of this study is to focuson the limits of the use of social media in health careactivities, which will see and know the rules governingthe limits of the use of social media during health careactivities. Reviewing whether the activity of recordinghealth service activities is justified by law so that itwill not interfere with health service activities. Thisstudy uses normative law which is descriptiveanalytical, using a comparative law and case approach.The data source uses secondary data sources, consistingof primary legal materials, secondary legal materials,and tertiary legal materials. Data collection usesliterature collection techniques with data collectiontools in the form of document studies and legislation,with data analysis using qualitative research. Thisstudy concludes that in Indonesia, activities on socialmedia have not yet been regulated, making it difficultfor justice seekers to gain access if there is abuse ofactivities on social media, especially when providinghealth services
Customary Marriage Registration in Realizing Legal Certainty in Indonesia Dina Paramitha Hefni Putri; Ekawati; Gusti Heliana Safitri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study examines the legal issues arising from the unregistered customary marriage, a fundamental issue in the balance between local wisdom and state regulations. On the one hand, customary marriage is an institution that contains socio-cultural values ​​and community identity that have long existed, while on the other hand the informality of the marriage registration raises various legal issues, including unclear legal status, protection of inheritance rights, and access to socio-bureaucratic facilities. The absence of official registration triggers a conflict between positive legal norms and religious and customary values ​​that are still upheld, thus creating a gap in the enforcement of rights and obligations at the local and national levels. In addition, the phenomenon of marriage without official registration also has an impact on vulnerable groups, such as adolescents, who are at risk of experiencing abuse of rights and minimal legal protection. The research method used is normative legal research with a literature approach, considering that the data processed are in the form of laws and regulations and scientific literature. The results of the study indicate that the integration of customary law and positive law through the active role of institutions such as the Office of Religious Affairs and the Population and Civil Registration Service is a strategic step to synergize the two systems, so that it can provide comprehensive legal certainty for the recognition of rights, clarity of marital status, protection of inheritance, and guarantee of access to administrative facilities. Inclusive legal reform and increasing socialization and human resource competence are the keys to reconciling local traditions with modern legal requirements in order to realize social justice and protection of citizen rights).
Legal Aspects of The Agreement to Purchase a House Owned by a Bankrupt Debtor Khairunnisah; Gusti Heliana Safitri; Dina Paramitha Hefni Putri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study examines the philosophical and legal basis of the sale and purchase agreement of bankrupt objects involving the assets of the debtor who has been declared bankrupt. The transaction is not merely an economic exchange, but must also integrate ethical values ​​of muamalah, such as good faith (husn al-niyyah), distributive justice, and transparency of information in order to minimize the level of uncertainty (gharar) inherent in bankrupt assets Faustina & Hoesin (2022). From an Islamic perspective, the basic sharia principles that guide the validity of the sale and purchase agreement are an important foundation so that the rights of buyers with good faith are maintained and protection of creditor interests is still accommodated through mechanisms such as actio pauliana (Haryanto & Calvin, 2021). Furthermore, this study highlights the problems that arise in legal practice, such as the validity of the sale and purchase agreement (PPJB) that has not been formally certified, which has the potential to complicate legal certainty for buyers and threaten the balance between private and public interests (Amini & Wardani, 2023). By applying a normative legal methodology that relies on secondary data from legal literature and court decisions, this study formulates a transaction mechanism that not only ensures fairness and transparency, but also strengthens the integrity of the legal and economic systems in bankruptcy situations. On the other hand, the integration of ethical values ​​​​and principles of justice is expected to create harmonious cooperation between bankrupt actors, creditors, and good-faith buyers, thereby creating sustainable legal stability and certainty.
The Role of Competition Law in Protecting MSMEs from Predatory Pricing Practices in E-Commerce Platforms Zubaedah, Rahmi; Apriani, Rani; Putra, Pamungkas Satya
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.v24i1.6080

Abstract

The research explores the impact of predatory pricing practices by foreign businesses on e-commerce platforms, which pose significant challenges to Micro, Small, and Medium Enterprises (MSMEs) in Karawang, Indonesia. Using a normative legal research approach, the study evaluates the adequacy of regulations such as Law Number 5 of 1999 on Prohibition of Monopolistic Practices and Unfair Business Competition and Ministry of Trade Regulation Number 50 of 2020 in providing legal protection to MSMEs. The study highlights the role of the Business Competition Supervisory Commission (KPPU) in monitoring and enforcing fair competition laws within the digital marketplace. The findings reveal that imported products sold at significantly low prices undermine local MSMEs’ competitiveness, exacerbating the challenges they face in the digital economy. Although government initiatives such as prioritizing domestic products, implementing stricter regulations, and launching campaigns like the "Proud to be Made in Indonesia" movement aim to support MSMEs, more robust enforcement and consistent implementation are required. This research emphasizes the necessity for comprehensive strategies to safeguard MSMEs' interests amidst the evolving dynamics of digital trade.
The Harmony of Space and Culture Environmental Policy: Accommodate The Rights of Indigenous Communities in Central Kalimantan Case Suriani, Rollys
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.v24i1.6085

Abstract

Environmental policies in Central Kalimantan often clash with the rights of indigenous communities, especially the Dayak, who have a resource management system based on local wisdom, while the expansion of plantation, mining, and infrastructure industries threatens their ecological sustainability and cultural existence. Therefore, more inclusive regulations are needed to protect the rights of indigenous communities and their ecosystems. The aim of this research is to analyze how environmental policies in Central Kalimantan accommodate the rights of indigenous communities in land and natural resource management and to understand the interaction between these policies and indigenous rights. This research uses a normative-empirical legal method with regulatory, conceptual, and sociological approaches to analyze regulations, the concept of indigenous rights, and the impact of environmental policies in Central Kalimantan, through literature study and interviews, which are then analyzed qualitatively. The research results show that environmental policies in Central Kalimantan still face challenges in accommodating the rights of indigenous communities, primarily due to slow regulatory implementation and frequent conflicts with industrial interests and infrastructure projects. Although there are environmental protection efforts such as plantation permit moratoriums and peatland ecosystem protection, their implementation often does not actively involve indigenous communities, resulting in ongoing land conflicts due to concessions granted without adequate consultation. The imbalance of interests in land management is also seen in the dominance of conservation policies and natural resource exploitation over the recognition of indigenous rights, exacerbated by weak legal recognition of customary land rights and the slow implementation of the Constitutional Court Decision No. 35/PUU-X/2012
Analysis of Attempt Theory (Poging) in Criminal Law: An Ethical Study of Criminal Sentencing for Failed Criminal Acts Bendesa, Kadek Putri Nadia Indrawati; Darma, I Made Wirya; Kurniawan, I Gede Agus
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.v24i1.6086

Abstract

The Attempt in criminal law, often referred to as "poging," refers to the effort to commit a crime that has not been completed. In this case, even though there are no casualties, the perpetrator can still be subjected to legal sanctions because they have attempted a crime. This research aims to analyze the theory of attempt or "poging" from an ethical perspective in relation to the imposition of penalties for failed crimes. This research is a normative legal study with a conceptual, legislative, and philosophical approach. The research results affirm that from an ethical perspective, attempted crimes are intended as a preventive measure to ensure that the consequences of a crime do not occur, so that even in the preliminary process, criminal sanctions can already be imposed. This is also intended to ensure that every member of society can be protected from the consequences of a crime occurring, so that even in the preliminary process, criminal sanctions can already be imposed. The theory of attempt (poging) and its application in Indonesian criminal law has indeed caused several issues in the Old Penal Code, such as the unclear definition of when an act can be considered as the "beginning of execution" and the potential for disparities in judges' rulings due to the lack of clear regulations. Nevertheless, this has been regulated and improved in the New Penal Code

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