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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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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.  
VALIDITY OF THE DIVINE VALUE IN THE PHRASE "IN THE NAME OF JUSTICE BASED ON THE ONE SUPREME DIVINE BEING": (The Dialectic of Hans Kelsen's Pure Theory of Law and the Transcendental Paradigm of Law) Elviandri Elviandri; Aman Darmawan; Agusriansyah Ridwan; Andri Rifandi; Ryan Tan Hui
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.v24i2.7137

Abstract

This study analyzes the dialectics between Hans Kelsen’s Pure Theory of Law and the transcendental legal paradigm in interpreting the validity of law in Indonesia. According to Kelsen, a norm derives its validity from a higher norm within the Stufenbau des Recht hierarchy, culminating in the Grundnorm, without reliance on morality, politics, or religion. However, in the Indonesian context, legal validity does not rest solely on formal legality but also gains transcendental legitimacy through Pancasila as the basic norm, particularly its first principle of Belief in One Almighty God. This dimension finds juridical manifestation in the phrase “For Justice Based on the Belief in the One and Only God” as inscribed in every judicial decision. The research employs a normative legal method with a philosophical approach. The analysis shows that Kelsen’s positivism, which emphasizes the autonomy of law from external values, undergoes correction within Indonesia’s legal system. The theological phrase in judicial rulings is not a mere formality but an ethical and prophetic foundation that underscores the judge’s responsibility not only in a legal-formal sense but also spiritually before God. Consequently, this study implies that the Indonesian legal system offers an alternative to Kelsenian positivism by integrating transcendental and ethical dimensions into legal validity. This integration reinforces the notion that law in Indonesia cannot be fully understood through positivist logic alone but must also consider divine and moral accountability as intrinsic sources of legitimacy. Practically, this perspective encourages the development of a jurisprudence that balances procedural certainty with spiritual and moral responsibility, shaping a distinctive model of transcendental legal philosophy within the global discourse of legal theory.
Unlawful Acts In The Criminal Offense Of Document Forgery Gatot Efrianto; Sabela Gayo; Abraham Quadan
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.v24i2.7143

Abstract

The Unitary State of Indonesia consists of diverse ethnic groups and customary laws, governed under a sovereign legal framework to ensure the proper enforcement of regulations. As stipulated in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD 1945), “The State of Indonesia is a state based on law,” emphasizing that every individual who commits a criminal act must be held accountable according to applicable laws. However, various legal challenges continue to arise, especially amid rapid modernization and technological advancement, leading to new forms of criminal acts previously unknown, such as document forgery involving authentic deeds. An authentic deed is an official document prepared by or before a competent public official, serving as strong and binding evidence in legal proceedings as stated in Article 1870 of the Indonesian Civil Code (KUHPerdata). Given its probative value, authentic deeds hold a crucial role in legal certainty and public trust. Nevertheless, the increasing occurrence of forgery cases undermines the credibility of these documents and challenges the integrity of Indonesia’s legal system. Therefore, this study aims to analyze the legal implications and accountability mechanisms for the forgery of authentic deeds, emphasizing the need for stronger preventive regulations, stricter law enforcement, and enhanced oversight to uphold justice and protect the authenticity of legal instruments in Indonesia.
The Principle of Penal Mediation: An Analysis of the Integration of Justice, Legal Certainty, and Utility in the Settlement of Fraud and Embezzlement Cases Ekawaty Kristianingsih; Rowela Cartin-Pecson
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.v24i2.7145

Abstract

This study analyzes the implementation of penal mediation within the Indonesian criminal justice system, specifically for fraud and embezzlement offenses. Although adopted through the Indonesian National Police Chief Circular Letter No. SE/8/VII/2018, penal mediation faces significant challenges in achieving a harmonious integration of the principles of justice, legal certainty, and utility. Using a normative juridical method and qualitative analysis through the lens of Lawrence M. Friedman's legal system theory, this research reveals a critical misalignment between its theoretical promise and practical application. The findings identify the root causes as the absence of a strong legal foundation, fragmented authority among institutions, and the dominance of a positivist legal culture. As its primary contribution, this study formulates a holistic, systemic reformulation framework comprising: (1) the strengthening of legal substance through umbrella legislation that standardizes formal and material requirements; (2) structural reform through the certification of independent mediators and deeper integration of the process into the integrated criminal justice system; and (3) a contextual cultural approach that accommodates socio-local wisdom. The proposed framework is designed to harmonize the three dimensions of the legal system to establish a penal mediation mechanism that is legitimate, just, and effective.
Harmonization of the Convention on the Rights of the Child and Islamic Law in Efforts to Protect Children's Rights in Medan City Muazzul Muazzul
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.v24i2.3795

Abstract

Children are an inseparable part of a nation's sustainability, and thus, their rights must be legally and morally guaranteed. This research aims to examine the forms and implementation of child rights protection in Medan City from the perspectives of Islamic Law and the Convention on the Rights of the Child (CRC). Islamic Law emphasizes child protection through the teachings of the Qur’an and Hadith, which highlight the responsibilities of parents, families, and society in fulfilling children's basic needs and rights. Meanwhile, the 1989 Convention on the Rights of the Child, ratified by Indonesia through Presidential Decree No. 36 of 1990, provides an international framework for ensuring comprehensive and non-discriminatory child rights. This research uses a normative legal method with legislative and conceptual approaches, supported by literature review. The findings reveal that both Islamic Law and the CRC share fundamental principles of child protection, such as the best interests of the child, the right to life and development, and protection from violence. In Medan City, child protection efforts still face challenges; however, integrative measures combining religious values and positive law have been implemented to support children's rights fulfillment. This study recommends strengthening collaboration among the government, religious leaders, and communities to establish a more effective and sustainable child protection system.

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