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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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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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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 Hermawan, Vera
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

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 Tanati, Daniel
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 Kadir, M. Yakub Aiyub; Jannah, Dara Raihatul; Listriani, Sophia; Kurniasari, Eka; Farsia, Lena; Roesa, Nellyana
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.
NKRI and Bhineka Tunggal Ika: A Constitutional and Futuristic Understanding of Sukarno's Politics Binsasi, Norbertus Antoin; Santoso, Heri; Agus Wahyudi
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.v24i2.6098

Abstract

Sukarno is known not only as the proclaimer of Indonesia and the originator of Pancasila but also as a national figure who introduced the ideas of NKRI and Bhinneka Tunggal Ika into the Indonesian state system. This study aims to examine the essence and existence of both ideas philosophically and then analyze their relationship, and based on that analysis, predict the future of NKRI: Will Indonesia remain with the unitary ideology (NKRI), or could it change to federalism (RIS State)? By using a philosophical research methodology, this study found: First, although NKRI concerns the form of the state and Bhinneka Tunggal Ika as the motto of the Indonesian State, their essence is the same, namely regarding the political ideology of a modern state: "unity in diversity." With this philosophical ideology, Indonesia, which has a diversity of tribes, customs, languages, and religions, has existed since its founding. Second, the NKRI (unitarism) and the RIS State (federalism) have different constitutional bases. The NKRI is based on the 1945 Constitution, while the RIS State is based on the 1949 RIS Constitution, but their philosophical basis is the same, namely Bhinneka Tunggal Ika. Therefore, in the future, Indonesia can remain a Unitary State and become a Federal State. However, although the form of the Unitary State can change to a Federal State in the future, Bhinneka Tunggal Ika remains valid. This is Sukarno's contribution to the State of Indonesia, past, present, and future.
Legal Analysis of Child Adoption in Indonesia Based on the Child Protection Law and Government Regulation Number 54 of 2007 (Study of Decision Number 269/Pdt.P/2024/PN Smg) Christie, Windy
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

This paper analyzes the legal provisions of child adoption in Indonesia in the Child Protection Law and Government Regulation Number 54 of 2007 and its implementation in Decision Number 269/Pdt.P/2024/PN Smg. This paper was compiled using a doctrinal research method. In the process, child adoption must be motivated by the fulfillment of the child's best interests and in accordance with applicable legal procedures. The case study of Decision Number 269/Pdt.P/2024/PN Smg shows the legal implementation of the principles of child protection in child adoption in Indonesia. The applicant has cared for and raised his prospective adopted child since birth, fulfilling the child's physical, emotional, and social needs well. In addition, the Applicant's financial and emotional conditions have also met the applicable requirements, as evidenced by a statement from the Social Service. Overall, this decision provides an illustration that child adoption carried out in accordance with the law can be a solution that provides benefits for all parties, especially for children as the main subject of legal protection.
PERAN KEJAKSAAN NEGERI KARAWANG DALAM UPAYA PREVENTIF MENANGGULANGI TINDAK PIDANA KORUPSI DI KABUPATEN KARAWANG Abas, Muhamad; Irwanto, Danang; Dewi, Sartika
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.v24i2.6223

Abstract

Corruption is a serious issue that has a broad impact on economic stability, social structures, and public trust. Karawang Regency, as a region with rapid economic growth, also faces a high risk of corruption. The Karawang District Prosecutor’s Office holds a strategic role in preventive efforts through various educational and supervisory programs. The research problem or main discussion in this study is how the Karawang District Prosecutor’s Office plays a role in preventing corruption crimes and whether the relationship between the legal structure, legal substance, and legal culture can support efforts to prevent corruption by the prosecutor's office. This research is normative legal research with a juridical-normative approach, encompassing statutory and conceptual approaches. The data used are secondary data obtained through literature studies of legislation, prosecutorial policies, and relevant legal literature. Data analysis is carried out descriptively-analytically using legal interpretation techniques and comparative analysis. The research results show that the Karawang District Prosecutor’s Office has implemented various preventive strategies, such as the "Prosecutors Enter Schools" (Jaksa Masuk Sekolah/JMS) Program, the "Prosecutors Guard Villages" (Jaksa Jaga Desa) Program, and the "Prosecutors as Fishermen's Friends" (Jaksa Sahabat Nelayan) Program. In addition, supervision of regional strategic projects is carried out to prevent abuse of authority. However, there are challenges such as limited human resources, lack of coordination between institutions, and low public legal awareness. By strengthening regulations, transparency, and accountability, it is expected that corrupt practices can be minimized and the integrity of government governance can be enhanced
Analysis of the Decision on Consumer Protection for Objections to Sealing kWh Meters Carried Out by PT PLN UIW North Sumatra (Study Decision Number: 428/Pdt.SUS-BPSK/2023/PN-MDN) Hidayani, Sri
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.v24i2.6266

Abstract

The problem in this study is focused on how the Legal Regulations on Consumer Protection for Objections to Sealing kWh Meters carried out by the Implementation of P2TL by PT PLN UIW North Sumatra and the Judge's Considerations in consumer protection for objections to sealing kWh meters carried out by the implementation of P2TI by PT PLN UIW North Sumatra (study decision number: 428 / Pdt.Sus-BPSK / 2023 / PN-Mdn). This study aims to determine the Legal Regulations and Judge's Considerations. The research method used in this study is normative juridical, the results of this study indicate that the Legal Regulations are regulated in Article 56 Paragraph 2 of Law Number 8 of 1999 concerning Consumer Protection, Article 5 Paragraph 1 of Perma 1 of 2006 concerning Procedures for Submitting Objections and Article 29 Paragraphs (2) and (3) of Law Number 30 of 2009 concerning Electricity. The Judge's considerations consist of legal considerations, including, granting the Applicant's objection request to cancel the Decision of the Medan City Consumer Dispute Resolution Agency Number 022/Arbitration/2023/BPSK. Mdn Dated May 17, 2023 and stating that the Medan City Consumer Dispute Resolution Agency is not authorized to try this case. And filed an objection to the Medan District Court with Registration Number 428/Pdt.Sus- BPSK/2023/PN Mdn.
LEGALITAS PENGGUNAAN KEKUATAN BERSENJATA OLEH ISRAEL DALAM SENGKETA DENGAN PALESTINA DITINJAU DARI PASAL 51 PIAGAM PBB TENTANG SELF-DEFENSE Thino Bagus Panuntun; Ahmed Hassan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6276

Abstract

The conflict between Harakat al-Muqawamah al-Islamiyyah (HAMAS) and Israel, which peaked on October 7, 2023, has given rise to the dynamics of international legal issues, especially related to international humanitarian law and human rights law. Based on this conflict, the principle of self-defense has become a debate among the international community regarding compliance with the provisions of the UN Charter. In the Charter of the United Nations (UN), the concept of the exercise of the right of self-defense as stipulated in Article 51 of the UN Charter is the basis and justification for Israel to use armed force against the Hamas Group in Palestine. The research method of this writing uses a juridical-normative approach with a statute approach. This approach is used to examine and analyze the legal provisions governing self-defense, especially against the conflict between Hamas and Israel in Palestine. The author will review Israel's actions in carrying out counterattacks against Hamas in Palestine by analyzing elements of Article 51 of the UN Charter, as well as on the basis of cases that have occurred, both resolved through the International Court of Justice and those that have been stopped due to bilateral agreements

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