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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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Mechanism for Settlement of Gross Human Rights Violations Nur Asmarani
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.v24i2.6682

Abstract

This study is entitled Mechanism for Settlement of Serious Human Rights Violations, with the aim of knowing and analyzing the mechanism for settlement of serious human rights violations and its obstacles. The legal research method used is the normative legal research method which emphasizes more on literature studies with primary legal materials, secondary legal materials and tertiary legal materials, using qualitative analysis. The results of this study reveal that the settlement of serious human rights violations can be carried out through the court mechanism and the truth and reconciliation commission mechanism. The obstacles in resolving serious human rights violations are more related to the substance. The mechanism for resolving serious human rights violations is not effective because it adopts the principle of retroactive and no expiration. In addition, the substance of determining the implementation of the human rights court is not effective, thus hampering the further examination process.
Kulliyah Al-Khams In The Code Of Ethics Of Social Media: An Analysis Of Maqashid Al-Syari’ah Kholidah; Ichwansyah Tampubolon
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.v24i2.6694

Abstract

Islamic law aims to safeguard five fundamental human needs: hifz ad-din (protection of religion), hifz an-nafs (protection of life), hifz al-aql (protection of intellect), hifz al-mal (protection of wealth), and hifz an-nasl (protection of lineage). In line with this, the social media code of ethics formulated by the government and Islamic organizations in Indonesia is expected to reflect the same principles. Norms and laws do not emerge arbitrarily but serve a purpose to ensure their practical benefits. Given the extensive influence of social media, this study examines the ethical framework through a philosophical lens, specifically using maqashid as-syari'ah as an analytical tool. As a literature study, this research relies on sources from academic references. The findings indicate that the formulation of the social media code of ethics aligns closely with the concept of maqashid as-syari'ah. The five essential protections—hifz ad-din, hifz an-nafs, hifz al-aql, hifz al-mal, and hifz an-nasl—are inherently embedded within its provisions. The use of prohibitive terms, such as “haram,” explicitly aims to maintain and protect kulliyah al-khamsiyah or ad-dharuriyah al-khamsiyah from negative things or harm caused by social media users.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEKERASAN SEKSUAL DITINJAU DARI SISI KEMANFAATAN BAGI KORBAN Anggreany Haryani 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.v24i2.6700

Abstract

As the future generation of the nation, children must grow up in a safe and protected environment. However, in reality, children remain vulnerable to sexual crimes, which have severe physical and psychological impacts. Legal protection for child victims of sexual crimes is regulated under various laws, but the implementation is still far from optimal. A justice system that focuses more on perpetrators and the lack of adequate compensation for victims are among the main challenges. This research formulates two main issues: first, how is the legal protection for children as victims of sexual crimes regulated? Second, how is the sentencing of perpetrators of child sexual abuse viewed from the perspective of legal benefit? The type of research used is normative juridical. The findings indicate that efforts to restore the psychological condition of child victims — such as counseling, support, and therapy — must be optimized. Thus, sentencing should not only focus on punishment but also consider the physical and psychological condition of the child as the victim. Therefore, perpetrators should be subject to additional penalties, such as restitution, as a deterrent.
Legal Liability of Electronic Money Corruption as a Crime of Origin of Money Laundering Crime Arifin Said Ritonga; Triono Eddy; Adi Mansar
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.v24i2.6718

Abstract

Money is a very crucial aspect of human life. Changes in the way we use money are evolving rapidly, along with advances in technology and information. Both notes and coins have transformed into electronic money. The law, specifically Article 17 to Article 22 of the ITE Law, regulates electronic transactions, also known as e-commerce buying and selling contracts. Article 17 paragraph (2) of the ITE Law states that parties conducting electronic transactions as mentioned in paragraph (1) must act in good faith when interacting and/or exchanging electronic documents and electronic information during such transactions. Article 18 paragraph (2) states that the party conducting electronic transactions as mentioned in paragraph (1) This research is a normative legal research, namely a legal study that positions law as a structured system of norms. The type of normative legal research is law that is formulated based on norms or rules that apply in society and become a guideline for the behavior of each individual. Money laundering in general can be defined as an act or actions that transfer, use or perform other actions or the proceeds of a criminal act that is often carried out by crime organizations or individuals who commit acts of corruption, narcotics trafficking, and other criminal acts. The goal is to hide or obscure the origin of the illicit money so that it can be used as if it were legitimate money.
Social Resilience of Farmers After the Construction of the Padang-Pekanbaru Toll Road (Study of Sungai Buluah Barat Village, Padang Pariaman District) Tommy Pratama Putra; Susi Fitria Dewi
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.v24i1.6778

Abstract

This study stems from shared concerns regarding the issues arising from the construction of the Padang-Pekanbaru toll road in Nagari Sungai Buluah Barat. The construction of the Padang-Pekanbaru toll road has left problems for tenant farmers in the study area. The loss of livelihoods and the conversion of agricultural land have forced tenant farmers to develop social resilience in order to overcome the shocks they faced following the toll road development. The aim of this study is to examine the social resilience efforts of tenant farmers after the construction of the Padang-Pekanbaru toll road, as well as the challenges they face in developing social resilience. This is a qualitative study using a phenomenological approach, conducted in Nagari Sungai Buluah Barat, Padang Pariaman Regency. The informants in this study include the village head (wali nagari), the village secretary, the head of community welfare affairs, the hamlet head (wali korong), community leaders, and tenant farmers. Data collection techniques used in this study include observation, interviews, and document studies. Data processing was carried out using source triangulation techniques, which enabled the researcher to obtain more accurate information.
Formulation of Legal and Regulatory Models of Carbon Units as Collateral Objects in Indonesia Diana Tantri Cahyaningsih; Dona Budi Kharisma; Alisha Vinia Alethea Majid
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.v24i2.6837

Abstract

The rise in GHG emissions has driven countries, including Indonesia, to commit to Net Zero Emissions through the 2015 Paris Agreement. One of Indonesia’s efforts is limiting carbon emissions via carbon trading. The traded object, carbon units, are categorized as securities with economic value, presenting an opportunity to use them as collateral. However, theres is no clear regulation governing this. This normative legal research uses statute and conceptual approaches, with primary and secondary legalmaterials on collateral law. The study aims to propose regulatory recommendations to enable the use of carbon units as collateral in Indonesia. The findings suggest that fiduciary is the most suitable binding meyhod, as it does not require physical delivery and allows execution through private sale under Article 31 of Indonesia Fiduciary Law. The lack of a valuation institution can be addressed by optimizing collaboration between public appraisers, like KJPP and GHG Validation and Verification instituions (LV/V GRK).
Formulation of Environmental, Social, and Governance (ESG) Concept Regulation in the Banking Sector as a Strategy to Realize Sustainable Development in Indonesia Albertus Sentot Sudarwanto; Dona Budi Kharisma; Salsabila Adinda Putri
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.v24i2.6839

Abstract

The increasing issue of the global environmental crisis has prompted the UN to launch 17 Sustainable Development Goals (SDGs). Although Indonesia has a strong commitment to achieving the SDGs, its implementation is still lagging behind, one of the reasons being the suboptimal application of Environmental, Social, and Governance (ESG) at the company level, especially in the banking sector. This creates uncertainty, implementation obstacles for companies, and opens up loopholes for ESG-washing practices. This study aims to formulate a regulatory formulation for the ESG concept in the banking sector as a strategy to accelerate sustainable development in Indonesia. The research method used is normative legal research that is prescriptive with a statutory approach and a conceptual approach. The types and sources of legal materials use primary legal materials and secondary legal materials. The results of the study conclude that an effective regulatory formulation is needed including a revision of POJK 51/POJK.03/2017 to require integrated reporting and adoption of the double materiality concept. In addition, it is recommended to strengthen the role of Good Corporate Governance (GCG), establish standard and measurable ESG reporting standards, require independent assurance (verification) of sustainability reports, and enforce legal sanctions against ESG-washing practices.
Legal and Clinical Implications of Suspected Malpractice in Cesarean Section: A Case Study of Bekasi Regional Public Hospital Desy Kartika Ningsih
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.v24i2.6850

Abstract

This study analyses the interrelationship between alleged medical malpractice, patient safety, and legal accountability through a case study of a suspected malpractice incident during a cesarean section at Bekasi Regional Public Hospital (RSUD Bekasi) in 2025. Using a juridical-normative approach combined with empirical case analysis, the research applies Donabedian’s quality of care framework and examines Indonesian legal instruments, particularly Law No. 17 of 2023 on Healthcare. Data were collected from statutory provisions, court archives, national media reports, and scholarly literature, and analysed qualitatively through normative interpretation and triangulation of legal norms, theory, and factual findings. The results indicate three key deficiencies: (1) limited implementation of standard operating procedures and informed consent; (2) weak institutional oversight and patient safety culture; and (3) slow, costly, and opaque dispute resolution mechanisms that hinder access to justice. Comparative analysis with international practices shows that Indonesia’s legal governance remains fragmented, with insufficient integration between healthcare regulation and professional accountability. The study concludes that comprehensive reform is required to strengthen patient protection through clear regulatory mechanisms, independent medical audits, and the development of a no-fault compensation system that ensures both patient rights and medical professionalism.
An Analytical Study of the Lex Favor Reo Principle in the Context of Corruption Case Resolution under the Third Amendment to the State Owned Enterprises Law in Indonesia Fauzan Prasetya; Milda Istiqomah; Bambang Sugiri; Aiden L. Moreau
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.v24i2.6879

Abstract

This study analyzes the implications of Law No. 1 of 2025—the Third Amendment to the SOE Law—on the application of the lex favor reo principle in corruption cases involving State-Owned Enterprises (SOEs) in Indonesia. Using a normative juridical approach with analytical and conceptual methods, the research reveals that the amendment redefines SOEs, limits the auditing authority of the Supreme Audit Agency, and removes the automatic classification of SOE losses as state losses. As a result, the legal interpretation of “state financial loss” in corruption cases has shifted significantly, potentially narrowing the scope of criminal liability for SOE officials. This change may lead to the re-evaluation of ongoing corruption prosecutions, including possible sentence reductions or acquittals. The study highlights the complex interaction between corporate reform and criminal accountability, emphasizing the need for doctrinal coherence, legal certainty, and the protection of substantive justice within Indonesia’s evolving post-reform legal framework. 
REKONSTRUKSI PENAFSIRAN WANPRESTASI DALAM PERJANJIAN FIDUSIA TERHADAP EKSEKUSI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 Piki Hendiko Siregar; Muhamad Abas; Yuniar Rahmatiar; Ana Ximenes Sousa
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.v24i2.6895

Abstract

In financing practices in Indonesia, fiduciary guarantees play a crucial role for both creditors and debtors. However, their implementation often creates inequality because the determination of default is made unilaterally by the creditor. Constitutional Court Decision No. 18/PUU-XVII/2019 presents a new interpretation that emphasizes justice, legal protection for debtors, and the importance of the judicial process. The purpose of this study is to understand the impact of this shift in the interpretation of default on the validity and implementation of fiduciary guarantees in financing practices in Indonesia, as well as to analyze the legal considerations of Constitutional Court Decision No. 18/PUU-XVII/2019 regarding the validity of execution and legal protection for creditors and debtors. This study uses a normative juridical methodology with a statutory and conceptual approach. Data were collected through a literature review of legal norms, Constitutional Court decisions, scientific doctrines, legal writings, and supplemented with secondary data from the Financial Services Authority (OJK) and the Indonesian Financing Companies Association (APPI). The results of the study indicate more specifically that after the issuance of Constitutional Court Decision No. Based on Decision No. 18/PUU-XVII/2019, there was a 35% decrease in reports of disputes over the execution of fiduciary guarantees in district courts during the 2020–2023 period, reflecting increased compliance by financing institutions with the principle of due process of law. Determination of default can no longer be made unilaterally by creditors, but must be done through a fair and proportional legal mechanism. This decision strengthens legal protection for debtors, affirms the principle of due process of law, and requires system adjustments by financing institutions, thus making an important contribution to civil law reform, particularly in the implementation of fairer, more equal, and constitutional fiduciary guarantees in Indonesia.

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