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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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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.
Tax Policy Reform and Its Implications for Taxpayer Compliance in Indonesia Peter; Kadek Julia Mahadewi; Jessica M. Collins
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.v24i2.7172

Abstract

This study aims to examine the impact of tax reform on taxpayer compliance levels in Indonesia. Using a normative juridical method, this study analyzes current tax laws and policies in Indonesia. The primary focus is on changes to the tax system, including administrative aspects, tax rates, and reporting mechanisms. The analysis was conducted on tax compliance data before and after the implementation of the tax reform. The results indicate that the tax reform has had a significant impact on improving taxpayer compliance. This is particularly evident in the increased efficiency of tax administration processes and the simplification of procedures. This study also identifies several challenges, such as the need to increase tax awareness and strengthen the tax law enforcement system. This study provides recommendations for strengthening tax reform strategies to achieve the goals of optimizing tax revenue and taxpayer compliance in Indonesia.
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.
Critical Legal Studies Approach to the Governance and Effectiveness of Regional Notary Supervisory Boards in Indonesia Rindiana Larasati
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.v24i2.5729

Abstract

This study analyzes the governance and effectiveness of supervision carried out by the Regional Supervisory Council (MPD) of notaries in Indonesia through a Critical Legal Studies (CLS) perspective. As a supervisory institution, the MPD is responsible for ensuring notaries' compliance with regulations and professional codes of ethics to ensure the integrity of legal services. However, in practice, MPD supervision faces a number of challenges, including limited human resources and budget, complicated reporting procedures, and regulations that are not fully adaptive to the dynamics of the notary profession. Using the CLS approach, this study highlights that supervision tends to be too formalistic, focuses on administrative procedures, and pays little attention to aspects of substantive justice that reflect the needs of the community. This study offers a substantive justice-based approach to supervision, which involves regulatory reform, increasing the capacity of MPD members through training and certification, digitizing the reporting system, and providing preventive guidance for notaries. This approach not only aims to enforce legal formalities but also ensures responsive, inclusive, and public interest-oriented supervision. The results of the study indicate that the application of the principle of substantive justice can increase the effectiveness of supervision, minimize the potential for violations, and strengthen public trust in the legal system. This study recommends a more progressive reform of the notary supervision system, with a focus on creating a transparent, accountable and sustainable supervision mechanism.
Development of Traffic Safety on Roads in The Progress of Electric Bicycle Technology in The Jurisdiction of The Bali Police Putu Sekarwangi Saraswati
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.v24i2.5987

Abstract

The widespread use of electric bicycles in Indonesia, which is starting to grow, hasgiven rise to pros and cons among the wider community. There are those who support it withthe aim of saving, but quite a few criticize it because it is used by more children and threatenssafety. Not to mention that there are a number of users who roam freely on the highway withoutpaying attention to a number of existing regulations. Progress in the transportation sector hasultimately encouraged developments in terms of legislation and transportation habits. The law isactually able to keep up with developments compared to the times. The current popularity ofelectric bicycles is progress in the field of transportation, but unfortunately this is not supportedby mature regulations. Although electric bicycles are very practical to use and make it easy for many peopleto ride them, even the elderly. It is also important to remember that electric bicycles are not yetincluded as the main mode of transportation and are registered in Indonesia because thecapacity of electric bicycles is limited and there are licensing issues. In this condition, theposition of electric bicycles can be said to face a legal vacuum as a result of things that are notregulated by law. There are no legal norms that specifically target vehicles with some criteriabeing motorized vehicles and others being non-motorized vehicles. Keywords: ElectricBicycle, Safety, Legal Vacuum, Legislation.
Harmonisation of Criminal Provisions on Environmental Protection and Management in The Ordinance of Sustainable Environmental Maintenance Trisna Agus Brata; Imam Syafa’i
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.v24i2.6057

Abstract

This research will discuss the development of environmental problems that from time to time are getting worse as if not balanced with adequate law enforcement, even though all laws and regulations have been made. Criminal law enforcement is closely related to the ability of the apparatus and citizens' compliance with the laws and regulations that govern it. Related to this, as stated in Article 95 paragraph (1) of Law No. 32/2009 on Environmental Protection and Management, in the context of law enforcement against perpetrators of environmental criminal offences, integrated law enforcement can be carried out between Civil Servant Investigators (PPNS), police institutions, and prosecutorial institutions under the coordination of the relevant Minister. Thus, environmental law enforcement is an effort to achieve and realise the adherence to the provisions in generally applicable legal provisions, namely laws and regulations governing the environment.
English: SAD KERTIH KEARIFAN LOKAL BALI DALAM PERSPEKTIF PENGENDALIAN LINGKUNGAN HIDUP Anak Agung Putu Wiwik Sugiantari; Ni Luh Gede Yogi Arthani; Agustina Ni Made Ayu Darma Pratiwi; Ni Kadek Yuliniantari; Ni Nyoman Manik Gita Asrita
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.v24i2.6079

Abstract

This study focused on the role of Sad Kertih, a policy concept based on Balinese local wisdom, from the perspective of environmental control. Bali, with its rich culture and traditions, has developed various environmental management practices rooted in local values, one of which is through the Sad Kertih system. This system combines social, cultural, and ecological aspects to maintain environmental sustainability and the sustainability of Balinese people's lives. The purpose of this study is to explore how Sad Kertih can contribute to environmental control and preservation, both locally and globally. With a local wisdom approach, this system not only prioritizes respect for nature but also empowers communities to play an active role in sustainable natural resource management. This study uses a normative legal research method, that is a research examining legal norms prescriptively. The finding of the study indicated that Sad Kertih has a potential to increase environmental awareness among Balinese people and can provide more adaptive solutions to climate change and increasing environmental damage. In conclusion, the application of Balinese local wisdom values ​​through Sad Kertih is very relevant in strengthening environmental control in the modern era, by paying attention to aspects of sustainability and ecosystem balance. Key Word:Sad Kertih, local wisdom, environmental control, sustainability, Bali.
Local Wisdom of Lombok Community in the Development of Tourism Law: A Study in the Kuta Mandalika Special Economic Zone Yulias Erwin
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.v24i2.6157

Abstract

The rapid development of global tourism involves various social aspects, including the local wisdom of a nation. In tourism, local wisdom holds a dual role: on one hand, it adds cultural depth and uniqueness to tourism promotion; on the other, it faces the threat of degradation due to the influence of Western values brought by foreign tourists. This study investigates the role of local wisdom in the development of tourism law in Lombok, a region designated as a National Strategic Project in tourism. The research was conducted in the Kuta Mandalika Special Economic Zone, Central Lombok, and analyzed using a normative-empirical approach. The results showed that local wisdom can significantly influence tourism law, particularly in legal substance, structure, legal culture, and dispute resolution mechanisms. Implementing tourism law development policies based on local wisdom can help preserve tourism assets, transform local wisdom into regional regulations, resolve disputes, and improve tourism safety and order. This research is expected to contribute significantly to future legal frameworks, underscoring the importance of integrating local knowledge into formal legal systems, ensuring cultural heritage preservation and sustainable tourism advancement.

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