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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 1,718 Documents
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Dari Aksi Senyap Menuju Kepastian Hukum: Menelaah Tanggapan Pejabat Pemerintah terhadap Permohonan Hak Atas Tanah Berdasarkan Lex Silencio Positivo Dani Harianto
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.v24i1.5989

Abstract

This study aimed to identify the characteristics of the Governmental Silent Act (Principle of Lex Silencio Positivo) in the land rights application proposed by the Community, to find the legal consequences when the government remains "silent" (Principle of Lex Silencio Positivo) on the land rights application proposed by the Community, and to analyze the construction of norms that provide legal certainty regarding the Silent Act (Principle of Lex Silencio Positivo) by the government in relation to the land rights application submitted by the Community. This study was conducted using a normative legal research method, employing a legislative approach, a conceptual approach, a historical approach, a case approach, and a comparative approach. The results of this study showed that the legal consequences of the Governmental Silent Act on land rights applications lead to uncertainty regarding the status of the land rights proposed by the applicants. This uncertainty results in grievances for the parties affected by the Governmental Silent Act, including the applicants themselves. Furthermore, the legal consequences of the Governmental Silent Act are seen as a violation of the General Principles of Good Governance, as it has caused legal uncertainty over the land rights applications proposed by the applicants. Meanwhile, the decision is an obligation for government officials, as mandated in Article 175 of the Omnibus Law (Cipta Kerja) in conjunction with Article 53 of the Government Administrative Law. The legal consequences of the government's silence also lead to potential material losses for applicants, which include individuals, legal entities, and government institutions with a legal interest in the land rights application.
Analysis Of Citizenship Rights And Mixed Marriages Between Rohingya Refugees And Indonesian Citizens (WNI) Mirsa Astuti; Rizka Syafriana; Ramlan
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.v24i1.5993

Abstract

Indonesia has come under fire at home and abroad for its rejection of Rohingya refugees, making it irresponsible to accept refugees in its territory. There is no clear legal umbrella in Indonesian law for marriage between Indonesian citizens and refugees. This can be seen from the fact that Article 57 of the Marriage Law only regulates marriage between Indonesian citizens and foreigners who have citizenship status, there will also be discussed in this study regarding the mixed marriage status of Rohingya refugees and the legal status of children born from mixed marriages, This research method uses a qualitative approach carried out by collecting data both in initial observations and during the research, Solving the Rohingya problem regarding the legal status of children born from mixed marriage can only be done if all parties have a strong commitment to side with the values of morality and humanity by taking concrete steps in resolving the root of the problem, so that the clarity of the status of mixed marriage can be known.
Dayah Leaders' Perceptions of the Aceh Local Party's Political Communication Methods (Partai Pas Region Lhokseumawe) Yusfriadi Abda; Muntasir A. Kadir; Muhibuddin Alamsyah; Muttaqien
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.v24i1.6014

Abstract

Elections in Indonesia are a political party that is very interesting to study and look forward to because they arise from various aspects and social groups in Indonesia. In Aceh, the intersection between religion and politics is very pronounced, including the Dayah which plays a major role as one of the influential places in Aceh in both fields. It is important to understand how the Dayah leadership views and engages in local parties' political communication methods, which is crucial to understanding the broader socio-political landscape in Aceh. This research investigates the perceptions of Dayah leaders regarding political communication methods used by local Acehnese parties, namely the PAS party in the Lhokseumawe region. Dayah educational institutions which are deeply rooted in Aceh's socio-political landscape also play an important role in shaping public opinion and influencing political dynamics. Through qualitative research methods, this research explores the views of the Dayah leadership and interacts with the political communication strategy of the PAS party in the Lhokseumawe region. This research also highlights the dynamics between religious authority and political involvement in Acehnese society.
From Tradition to Modernity: Transformation of The Practice of Marriage Agreement in Indonesia Afiq Budiawan; Yahanan Yahanan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6022

Abstract

This study aims to analyze the practice of marriage agreements in Indonesia in the perspective of Islamic law and positive law, as well as identify the factors that influence it. The research method used is qualitative with the approach Empirical law, involving interviews with notaries, ministries of the Ministry of Religion, and couples who made a marriage agreement in DKI Jakarta, East Java, Riau, and the Regency/City of Malang. The results showed that marriage agreements in Indonesia are still limited to the separation of assets and are widely carried out by couples with high legal awareness. Factors that influence this practice include economy, education, culture, and modernization. The main recommendation of this research is the need for regulatory renewal in the Marriage and KHI Law so that the marriage agreement can include aspects of the protection of the rights of couples more broadly, as well as further socialization by the Ministry of Religion to change the perception of the community regarding the marriage agreement
Cybercrime and Data Security: The Role of Criminal Law in Coping Digital Threats mohamad Ismed
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 | DOI: 10.31941/pj.v23i2.6081

Abstract

Development rapid digital technology has bring benefit big for society, but also improve risk cybercrime, especially related with data security. Various forms of cybercrime such as hacking, phishing, ransomware, and misuse of personal data the more threaten individuals, companies, and institution government. In the context of this, law criminal own role important in give protection and mitigation digital threats through clear regulations and enforcement​ effective law. Research​ This aiming for identify threatening forms of cybercrime data security, analyzing regulation law criminal in handle cybercrime, and evaluate effectiveness enforcement law in to overcome digital threats. The methods used is approach normative legal and empirical with analysis to regulation applicable legislation, studies​ literature, as well as various form weakness regulation based on from observation and interview from stakeholders. Research results This show that law criminal law in Indonesia is still face various challenge in protect data security from crime increasingly cyber​ complex. Although has There is regulation like Constitution Electronic Information and Transactions and Constitution Personal Data Protection, existing rules​ Still fragmented and more focused on security system compared to personal data protection in a way comprehensive. In addition, the limitations capacity apparatus enforcer law, weakness coordination between institutions, less sanctions​ give effect deterrent, and challenge jurisdiction in case cross country increasingly to complicate effort enforcement law. Modus operandi of cybercrime that continues developing, such as phishing, malware, and ransomware, are increasingly increase risk data theft and disturbance operational for individuals, companies and security national
Phishing and Personal Data Protection: A Review of Cyber Law in the Digital Age Basuki Basuki
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 | DOI: 10.31941/pj.v23i2.6083

Abstract

The development of digital technology has brought significant advancements but has also increased the risk of cybercrime, one of which is phishing. Phishing is a form of cybercrime aimed at stealing personal data by deceiving victims into providing sensitive information, such as passwords, credit card numbers, or other identity data. This crime poses a serious threat to information security and individual privacy, especially in digital transactions. This study aims to analyze phishing modus operandi, evaluate legal regulations governing personal data protection, and assess the effectiveness of legal protection for phishing victims in Indonesia. The research method used is normative juridical with a statutory approach. This study finds that phishing is a serious threat to individual and organizational security in Indonesia, with modus operandi involving fake messages, impersonation of trusted institutions, and counterfeit websites to steal personal information. Cyber law regulations, including the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP), have established provisions for personal data protection and sanctions for phishing perpetrators. However, implementation faces challenges. Weak law enforcement, lack of investigative expertise, low digital literacy among the public, and limited infrastructure and human resources are the main obstacles in addressing this crime. Additionally, rapid technological advancements create new security vulnerabilities that existing regulations have not fully anticipated
Media Political Coup: Communication Strategy, Freedom of Speech Law on Digital Platforms in the 2024 Presidential Election Vera Hermawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.6101

Abstract

The 2024 Presidential Election (Pilpres) in Indonesia marks a new chapter in the dynamics of political communication, which is increasingly shifting into the digital realm. Social media has become not only a campaign tool but also an arena for an intense and systematic battle over political narratives. This study aims to analyze the phenomenon referred to as a media political coup, namely the domination and control of digital space by political actors through structured communication strategies, and to evaluate the legal regulations governing freedom of speech on digital platforms. Using a qualitative social research method, this study examines how digital communication strategies are implemented in political contests and how policies such as the Electronic Information and Transactions Law (UU ITE) and regulations issued by the Ministry of Communication and Information Technology (Kominfo) affect citizens’ freedom of expression. The results show that the digital space during the 2024 Presidential Election has become a central arena for shaping public opinion through intensive and structured strategies employed by political actors. The massive use of social media, digital algorithms, and buzzer networks has led to the dominance of certain narratives, even to the point of displacing critical opposing discourses. In addition, the misuse of ambiguously interpreted articles within the UU ITE to silence criticism and restrict freedom of expression has had a negative impact on the quality of democracy. Therefore, there is a need to strengthen digital literacy among the public and update regulations to ensure that democracy in the digital era is maintained fairly and transparently
Representation of Justice in the Phenomenon of No Viral No Justice and the Shadow of the Electronic Information and Transaction Law Muhamad Iqbal; Iin Indriani; Susanto
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.v24i1.6105

Abstract

The concept of viral has become a new phenomenon in society, which is different from oral rumors or traditional issues because it manifests itself in the form of content on social media. Although it is considered a channel for free speech, virality is often based on emotion and subjectivity, thus giving rise to debates regarding the justice it produces. The phenomenon of "No Viral No Justice" shows that public opinion is often used as the basis for social justice, which is dangerous because viral justice does not always reflect objective truth. On the other hand, the Information and Electronic Transactions Law (ITE Law) is actually designed to regulate the proportionate delivery of information, not to restrict freedom of opinion. However, the implementation of the ITE Law is often misinterpreted as a tool to suppress public voices, thereby creating a fear of speaking out. Therefore, it is important to understand that virality can be a tool to raise awareness of certain issues, but it should not be used as a means of public justice. In the framework of democracy, a balance between freedom of speech and information regulation is needed so that justice is maintained without sacrificing public discussion space.
The Role of Customary Councils in Resolving Customary Land Disputes in Waropen Regency Daniel Tanati
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.v24i1.6106

Abstract

Disputes over customary land still occur in every region, both in the interior and in urban areas, as well as in the customary law community in Waropen Regency, customary land is still disputed to this day, both among customary law communities or between customary law communities and the Regional Government. The approach method used is empirical, namely research conducted by observing the reality that occurs in the field. The purpose of this study was to determine the role of the Customary Council in resolving customary land disputes. The results of this study revealed that the resolution of customary land disputes of the Waropen customary law community was resolved through customary law which in the Waropen language is called "Woidama". Woidama means deliberation. The house where the deliberation is held is the sera house (the house of the tribal chief) because the one who will lead the customary deliberation is Sera. Therefore, the role of the Customary Council is very much needed in resolving disputes, the Customary Council functions as a protector of the indigenous Papuans, and as a channel for messages between Papuans and the government, especially in the Waropen Regency government area.
A Call For Respect: Analyzing Quran Burning, Human Rights, and The Islamic Law Perspective M. Yakub Aiyub Kadir; Dara Raihatul Jannah; Sophia Listriani; Eka Kurniasari; Lena Farsia; Nellyana Roesa
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.v24i2.5271

Abstract

The burning of the Quran, widely regarded as the holy book of Islam, has sparked significant outrage and debate across various European Union states, particularly in Sweden. This provocative act raises critical questions about the balance between individual freedom of expression and the respect for religious beliefs. The European Union, through its commitment to democratic principles, often upholds freedom of expression as a fundamental right. However, this raises the issue of whether such expressions can rightfully include acts that are deeply offensive to large segments of the population, particularly religious communities. This paper explores these tensions within the framework of the development of the international human rights system, providing a nuanced analysis of responses from Muslim scholars, organizations, and associated states. It also scrutinizes the impact of Western human rights paradigms on global practices, specifically in contexts such as Indonesia. This paper found a fundamental crisis of western based of human rights and the lack of sound argument from muslim world to contribute to this lacking.

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