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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 1,631 Documents
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Implementation of the Agrarian Reform Program in Improving Farmer Welfare: A Case Study of Sharecroppers in South Garut Herlina Ratna Sambawa Ningrum
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.v24i1.7074

Abstract

This study analyzes the implementation of agrarian reform programs in southern Garut and their contribution to improving farmers' welfare. Agrarian reform is positioned as a strategic instrument to reduce land ownership inequality, strengthen farmers' rights, and promote sustainable rural development. Through land redistribution, the provision of ownership certificates, and access to supporting programs such as agricultural extension and formal credit, farmers gain legal certainty, increased productivity, and expanded market participation. The results of the study show that agrarian reform has a multidimensional impact: economically, it increases farmers' access to productive resources; socially, it strengthens their status and reduces their vulnerability to eviction; and institutionally, it encourages the strengthening of farmer organizations in accessing government assistance. However, program implementation still faces various challenges, including bureaucratic obstacles, overlapping ownership claims with the forestry and private sectors, and weak institutional capacity at the local level. In conclusion, agrarian reform in the southern Garut region has the potential to be a major driver of farmer welfare, provided that it is integrated with broader rural development policies and supported by a strengthened institutional framework. Active stakeholder participation, transparent governance, and fair resolution of agrarian conflicts are key factors in ensuring the sustainability of its impact.
The Relationship between ESG (Environmental, Social, Governance) Principles and the Fulfillment of the Right to Work for Persons with Disabilities Ni Nyoman Mitha Sakarani; I Gede Agus Kurniawan
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.v24i2.7087

Abstract

The principle of Environmental, Social, and Governance (ESG) has become one of the key benchmarks in sustainable business practices, including in Indonesia. However, the implementation of this principle is often understood primarily within the context of environmental and governance dimensions, while the social dimension—particularly the fulfillment of the right to work for persons with disabilities—remains insufficiently addressed. This situation underscores the need for an in-depth study of how ESG principles can be integrated into Indonesian business law to strengthen the protection of disability labor rights. This research aims to analyze the relationship between ESG principles and the fulfillment of the right to work for persons with disabilities, as well as to examine the extent to which Indonesian business law supports such integration. The study employs normative legal research with a statute approach and a conceptual approach. Primary legal materials include Law No. 8 of 2016 on Persons with Disabilities, the Manpower Law, and sustainability regulations such as OJK Regulation No. 51/2017. The findings reveal that Indonesian business law provides a normative foundation for disability labor inclusion through mandatory recruitment quotas, obligations to provide disability-friendly workplace facilities, and sustainability reporting requirements. The novelty of this research lies in its integrative analysis that links ESG principles with business law instruments, thereby offering a new perspective in viewing ESG not merely as a voluntary practice but also as a legal obligation that supports social sustainability. These findings contribute to the development of business law literature while also providing recommendations to enhance inclusive labor practices in Indonesia
Tantangan Berdakwah di Era Disinformasi dan Hoaks Ramsiah Tasruddin; Fauziah Ramdani; Arfan Sery Jusuf
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.v24i1.7092

Abstract

The digital era has brought both new opportunities and challenges for da'wah activities. The rapid development of information technology facilitates the dissemination of da'wah messages, but at the same time, it has also given rise to a proliferation of disinformation and hoaxes that have the potential to mislead the public. This paper aims to analyze the challenges of da'wah amidst the rapid flow of information that is not always valid, and to formulate relevant strategies for da'wah (Islamic preachers) in dealing with this situation. Using a qualitative approach based on a literature review, the research results show that hoaxes not only obscure the truth but can also weaken the moral authority of da'wah and divide the community. Da'wah in the era of disinformation and hoaxes faces complex challenges due to the rapid, massive, and often unverified flow of digital information. Hoaxes disguised as religious narratives can undermine the authority of da'wah (Islamic preachers), cause polarization, and even carry legal consequences. Therefore, adaptive, critical, and digital literacy-based da'wah strategies are needed, including prioritizing information clarification, strengthening communication ethics, and building collaborative da'wah networks. Preaching in the era of disinformation requires preachers to be not only skilled in conveying religious messages but also proficient in media and technology literacy, so that their preaching remains relevant, authentic, and effective for society
Law Enforcement Against Perpetrators of Imported Clothing Smuggling as an Economic Crime to Enhance the National Economy Dini Ramdania; Edi Setiadi; Dini Dewi Heniarti; Ifeanyi M. Nwokeocha; Anurag Hazarika
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.v24i2.7113

Abstract

Smuggling at present has reached an alarming level, no longer merely constituting an economic offense but amounting to an economic crime. The smuggling of goods, particularly textiles, has caused significant losses and adversely affected the national economy. The state’s response in establishing a special task force to address smuggling has, in practice, been unable to eradicate the influx of smuggled goods in a comprehensive manner. Measures undertaken thus far have proven inadequate in resolving the problem. The sanctions provided under Law No. 17 of 2006 on Customs, in the form of criminal penalties and/or fines, are considered insufficient if the objective is to recover the losses suffered by the state, both in terms of taxation and other economic consequences. In reality, such sanctions have failed to create a deterrent effect, leaving the state in a position of continual loss.
Reconstructing The Concept Of Unlawful Acts To Address The Challenges Of Modern Civil Disputes Markus Suryoutomo; Sofia Lindgren
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.v24i2.7115

Abstract

Tort, or Perbuatan Melawan Hukum (PMH), is a fundamental pillar in Indonesia’s civil law system as it serves as the basis for awarding compensation to injured parties. Article 1365 of the Indonesian Civil Code stipulates that anyone who commits an unlawful act causing harm to another is obliged to provide compensation. While this classical formulation was once considered sufficient, the rapid transformation of society and technology has given rise to new forms of disputes that are not fully addressed under the traditional PMH framework. Issues such as personal data breaches, online defamation, fraudulent electronic transactions, and the misuse of intellectual property demonstrate the limitations of the conventional doctrine in addressing contemporary civil disputes. This article aims to explore the necessity of reconstructing the PMH concept to make it more adaptive and responsive to modern challenges. The study employs a normative juridical approach by examining statutory provisions, court decisions, legal doctrines, and relevant scholarly works. The analysis also includes a comparative perspective with tort law in common law jurisdictions, which generally shows greater flexibility in meeting societal needs. Findings highlight the importance of redefining the scope of “unlawful acts,” incorporating restorative justice principles, and applying standards of due diligence in the digital context
Anarkhisme sebagai Gejala Sosial Agung Aditya; Zulfa Amalia Rachim; Purwanto; Irawaty; Suhadi
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.v24i2.7117

Abstract

The situation of anarchism in Indonesia is a result of a conflict between state law and living law and is due to social, economic, and political inequality. This study seeks to understand anarchism, not only as a criminal act, but as a socio-legal condition consisting of a structural complaint and a crisis of legal legitimacy. To understand how state law, living law, and social order interconnect to cause the oppressed to act anarchistically, the study uses empirical legal research along with a socio-legal approach and legal literature research. The results of the study show social inequality coupled with arbitrary law enforcement results in a loss of legal legitimacy which arguably weakens the law and transforms it into a tool of oppression rather than a tool of justice. Thus, people’s resistance to structural injustices is expressed in the form of legal defiance. An enhanced model of legal responsiveness is warranted which consists of participative regulatory adjustments, the integration of restorative justice, the broadening of justice system gates, oversight of economic policy, and the digital revolution. The system change, to comply with the demands of justice and social order, places the consolidation of a responsive legal system, and not a repressive one, as a necessity of legal and socio-political order.
Reconstruction of Sports Dispute Settlement Law Through Integrated Sports Dispute Settlement Goncalwes Sirait; Adi Mansar; Farid Wajdi
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.v24i2.7127

Abstract

Sport is a strategic asset in fostering national integration and strengthening social capital due to its inherently democratic nature, prioritizing brotherhood even amidst intense competition on the field. The fundamental values ​​that often save a nation from disunity are deliberation and consensus, and problems in sport are ideally resolved through deliberation and consensus in accordance with true wisdom. In essence, civil disputes are resolved peacefully by seeking agreement between the disputing parties. Because disputes arise from conflicting personal interests, their resolution depends heavily on the initiative of the parties involved. Civil disputes can be resolved either conventionally through the courts (litigation) or using alternative dispute resolution methods outside the courts. Dispute resolution through the courts is subject to provisions of civil procedural law, such as the Herzienne Indonesisch Reglement (HIR) for the Java and Madura regions, the RBg (Rechtsreglement Buitengewesten), and other regulations governing civil procedure. Courts serve as a means of law enforcement, a place of legal protection, and a forum for citizens involved in disputes to seek justice. Current practices for resolving disputes regarding competitive sports are not fully in line with Article 102 of Law Number 11 of 2022 concerning Sports, which states that disputes in sports must be resolved through deliberation and consensus by the parent sports organization. If deliberation and consensus cannot be reached, the disputing parties must enter into a written agreement regarding the chosen dispute resolution method. Dispute resolution is carried out through mediation, conciliation, and arbitration
Horizontal Building Separation Based on Government Regulation Number 16 of 2021 concerning Fiduciary Guarantees in Medan City Lilawati Ginting; Onny Medaline; Ida Hanifah
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.v24i2.7132

Abstract

This study examines the implementation of the horizontal separation principle in the regulation of buildings as objects of fiduciary collateral based on Government Regulation No. 16 of 2021, with a study focus on the City of Medan. This principle allows buildings to be used as fiduciary collateral without having to pledge the land on which the building stands, thus opening up new access to credit facilities. However, the implementation of this principle still faces various obstacles, including low understanding from business actors and financing institutions, as well as limitations in the administrative system and socialization of regulations. The results of the study show that although the Building Ownership Certificate (SBKBG) has been regulated as the legal basis for fiduciary imposition on buildings, its implementation is still not optimal due to limited supporting infrastructure and technical regulations for implementation. This study emphasizes the importance of strengthening socialization, harmonization of regulations, and the readiness of related institutions to ensure legal certainty and the effectiveness of the implementation of the horizontal separation principle in supporting the development of the fiduciary guarantee system. These findings are expected to contribute to the formulation of more inclusive and responsive policies in supporting the property financing sector in Indonesia.
Legal Framework For Crypto Asset Trading As An Effort To Protect Consumers In Indonesia Otih Handayani; Esther Masri; Panti Rahayu; Achmad J. Pamungkas; Muhammad Azam
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.v24i2.7134

Abstract

Cryptocurrency has emerged as a disruptive and revolutionary asset in the global financial landscape, transforming how individuals and organizations conduct financial transactions. In Indonesia, cryptocurrency is prohibited as a means of payment but is permitted as a digital asset (crypto asset) that can be traded. Crypto assets operate through a decentralized system that lies outside the control of the government and centralized authorities. As of October 2024, the number of crypto asset consumers in Indonesia reached 21.27 million, and throughout 2024, it has contributed to the development of the digital financial services sector, with transactions amounting to IDR 650.61 trillion. Volatility, illegal crypto asset traders, hacking, and scamming are among the key issues in crypto asset trading. This research is a doctrinal/normative legal study using a statutory approach. It is based on a literature review and analyzed qualitatively. The findings show that the Ijtima Ulama of the National Fatwa Commission VII in 2021 and OJK Regulation (POJK) No. 27 of 2024 indicate that the government is getting involved in crypto asset trading. However, several weaknesses in the POJK, including the unclear position of individual consumers and the absence of mandatory risk mitigation requirements for traders, may result in the lack of security guarantees for consumer crypto assets.
Evaluating Indonesia's De-Radicalization Program: A Non-Punitive Approach to Countering Terrorism Syarif Saddam Rivanie; Dian Anggraece Sigit Parawansa; Toetik Rahayuningsih; Ulil Amri; Ismail Iskandar; Afif Muhni; Akhmad Afif Athaullah; Muhammad Chafidz Ali Wafa
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.v24i2.7135

Abstract

The most significant bombing incident in Indonesia was in Bali in 2002, resulting in the deaths of 202 individuals. After the bombing attack, Indonesia enacted Law Number 15 of 2003 about the Eradication of Criminal Acts of Terrorism. This Law exclusively governs criminal consequences, omitting other forms of penalties expressly targeting offenders of terrorism. The objective of this research is to identify alternative forms of sanctions that may be imposed on future perpetrators of terrorism. This research employs a normative methodology, utilizing both primary and secondary materials about legal rules concerning the eradication of terrorist criminal activities.Furthermore, it employs many legal methodologies, specifically the statutory and conceptual approaches. The findings indicated that deradicalization in Indonesia is critically necessary through the imposition of sanctions that must be enforced on terrorists in the future. Current deradicalization is not a punitive measure imposed on terrorists; instead, it seeks to eradicate their radical ideologies.  

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