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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 1,609 Documents
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Legal Analysis Related To The Implementation Of Government Regulation Number 22 Of 2021 Concerning The Implementation Of Environmental Protection And Management For The B3 Waste Management Company Pt Dame Alam Sejahtera Siahaan, Holmen; Rahmatiar, Yuniar; Muhamad Abas; Ethan Lim kong
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.v24i2.7051

Abstract

Article 28H paragraph 1 of the Constitution contains the right of everyone to live with happiness in birth and mind and to get a good and healthy environment which means free from pollution, safe from the dangers of hazardous waste. The presence of derivative regulations of Government Regulation No. 22 of 2021, which regulates the Implementation of Environmental Protection and Management (P3LH) creates even clearer rules, especially related to B3 Waste management The presence of the B3 Waste management industry is needed as a party that manages B3 Waste from waste producers, especially when these producers do not have the ability or facilities to manage it themselves. One of the industries managing B3 Waste, PT Dame Alam Sejahtera, has implemented Government Regulation No. 22 of 2021 concerning P3LH that has environmental approval that has been determined by the Central Government, in this writing using an empirical legal research method. The conclusion in this study is that the implementation of Government Regulation No. 22 of 2021 concerning P3LH is considered more complex than previous regulations, especially related to the change of management permits to technical approvals according to B3 Waste management activities, and administrative sanctions as per article 508 paragraph 1.Government Regulation No. 22 of 2021 concerning PP3LH, such as written reprimands to revocation of permits, is a strategic step to uphold environmental justice and responsibility in a preventive and persuasive manner, without directly applying criminal sanctions.
Professional Zakat as an Instrument of Maqashid Syariah from the As-Syatibi Perspective in the Development of National Law in Indonesia Ubbadul Adzkiya; Ahmad Rofiq; Muhlis; Ahmad Lukman Nugraha; Nur Izzati binti Ab Ghani
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.v24i2.7055

Abstract

This study aims to define professional zakat from the point of view of the concept of maqashid as-Shari'ah offered by Abu Ishaq Al-Syatibi. The author seeks to analyze the potential of zakat profession through the maqashid as-Shari'ah indicator. The research method used is qualitative with a normative approach. The results showed that zakat profession as a form of mashlahah in alleviating poverty. The author sees no nash inferring the prohibition of zakat profession (Lafadz al Amr wa al Anhy). At the time of the Prophet and Companions, the types of professions of the people at that time were limited to breeders, traders, miners and farmers (maqhasid at-tabi'ah). The study of zakat is also very dynamic (sukut al-Syar'i). Empowerment of the poor (Istiqra'). Zakat profession can realize benefits and be able to avoid chaos. The daruriyyat aspect, professional zakat is a support for the basic needs of the poor and poor, especially after the pandemic. The hajjyyat aspect, professional zakat is able to eliminate difficulties or make the maintenance of the five main elements even better. The aspect of tahsiniyyat, professional zakat is able to improve the standard of living of the poor community from recipients of zakat funds to zakat fund givers.
Reconstruction Of Intellectual Property Rights Protection Policy In Indonesia From A Progressive Law Perspective Dyah Retno Pitasari
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.v24i2.7062

Abstract

Intellectual Property Rights (IPR) protection in Indonesia continues to face significant challenges regarding its effectiveness, accessibility, and alignment with the country's socio-cultural realities. Many IPR regulations are modeled on international legal frameworks that often lack contextual relevance to local needs particularly those of indigenous communities, micro, small, and medium enterprises (MSMEs), and traditional artists. This disconnect reveals the insufficient role of the state in ensuring substantive justice across all layers of society. This study seeks to critically assess IPR protection policies through the lens of progressive legal theory a framework introduced by Satjipto Rahardjo, which posits that law should serve social justice and be responsive to societal dynamics. By employing both normative-juridical and sociological methods, this research underscores the urgent need to reconstruct IPR policies so that they go beyond formal legal protection and function as tools for empowering local creative sectors. The findings indicate that a just and equitable IPR protection system must integrally account for social, economic, and cultural dimensions. Progressive law offers a foundational approach for designing policies that are inclusive and responsive to the lived realities of the Indonesian people. Therefore, the reconstruction of IPR policy is not only a legal necessity but also a moral imperative in creating a legal system that is liberating, human-centered, and socially just.
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 Sakarani, Ni Nyoman Mitha; Kurniawan, I Gede Agus
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 Tasruddin, Ramsiah; 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 Ramdania, Dini; Setiadi, Edi; Heniarti, Dini Dewi; 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 Aditya, Agung; Oliver Tanaka
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 Sirait, Goncalwes; Mansar, Adi; Wajdi, Farid
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

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