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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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An Islamic Legal Review of the Implementation of Agricultural Partnership-Based Zakat (Mukhabarah) Titi Martini Harahap; Nur Saniah
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.v24i2.6207

Abstract

Pidoli Dolok Village in Panyabungan Subdistrict, Mandailing Natal, is predominantly an agricultural area where most residents depend on farming as their main source of income. The village benefits from major water sources, including the Aek Pohon River and irrigation from the Batang Gadis River, which support its agricultural activities. Within this context, the practice of mukhabarah—a form of agricultural partnership—has emerged, with a commonly agreed profit-sharing ratio of one-third for the landowner and two-thirds for the cultivator. This study aims to examine the implementation of zakat in such mukhabarah partnerships and to evaluate its conformity with Islamic legal principles. Employing a descriptive qualitative approach, this field research gathers primary data through observations and interviews with farmers, landowners, religious leaders, and other stakeholders, while secondary data are obtained from classical Islamic texts and relevant literature. The findings reveal that while the contractual elements of mukhabarah align with Islamic jurisprudence, the practice of zakat within these agreements does not fully meet the requirements of Islamic law regarding nishab. Therefore, there is a need for increased education and awareness to ensure zakat practices in agricultural partnerships are in accordance with Islamic principles.
Legal Certainty in the Resolution of Disputes in the Sharia Capital Market in Indonesia Novea elysa Wardhani
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.v24i2.6230

Abstract

This article examines the concept and implementation of legal certainty in the resolution of disputes in Indonesia's Sharia capital market. As part of the national financial system, the Sharia capital market adheres not only to general capital market regulations but also to Islamic legal principles. The article identifies normative and practical challenges in ensuring dispute resolution mechanisms that are consistent with both positive law and Islamic values. Using a normative juridical approach supported by secondary legal materials, this study reveals that legal certainty in the Sharia capital market is still evolving, particularly in terms of institutional authority, procedural clarity, and the enforceability of Sharia-based decisions. The role of the Indonesian Ulema Council (MUI), the Financial Services Authority (OJK), and religious arbitration institutions such as Basyarnas is analyzed in depth. The findings highlight the need for an integrated regulatory and institutional framework that ensures both compliance with Sharia and the protection of investor rights. The article concludes that the future of dispute resolution in the Sharia capital market depends on harmonizing positive law with Islamic jurisprudence to foster a more just, transparent, and legally certain investment climate.
The Importance of Mediators' Recommendations After the Failure of Fair Industrial Relations Dispute Mediation, in Realizing the Resolution of Industrial Relations Disputes Quickly, Precisely, Fairly and Cheaply Nicholas Sutrisman; Ida Hanifah; Surya Perdana
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.v24i2.6246

Abstract

This study discusses the importance of mediator recommendations after the failure of fair industrial relations dispute mediation, in realizing a quick, appropriate, fair and inexpensive resolution. Mediation of industrial relations disputes led by an industrial relations mediator is one of the alternative options for resolving industrial relations disputes after the failure of bipartite negotiations, which is regulated in Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes. However, in practice, the recommendations of industrial relations mediators are not always effective and are often ignored by the disputing parties. This has raised debate regarding the role and effectiveness of mediators in encouraging settlement through non-litigation channels before going to the Industrial Relations Court. This study uses a juridical-normative approach by analyzing laws and regulations related to mediation and settlement of industrial relations disputes. In addition, this study also explores the written recommendations of mediators in carrying out their functions, as well as the responses of the parties involved in the dispute to the written recommendations provided by the industrial relations mediator. The results of the study show that although the mediator's recommendations are non-binding, the mediator's role remains important in the initial resolution process. It is necessary to strengthen regulations and the role of mediators to increase compliance of the disputing parties, in order to reduce the burden of cases in industrial relations courts and encourage fast, appropriate, fair and inexpensive conflict resolution.
The Influence Of Digital Service Quality On Loyality With Digital Satisfaction As A Mediating Variable Among Generation X In Bandung City On The Bukalapak E-Commerce Platform Reyhan Halimudrikah Islam
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.v24i2.6272

Abstract

This study examines the influence of digital service quality on customer loyalty, with digital satisfaction as a mediating variable, focusing on Generation X users (born 1965–1980) of the Bukalapak e-commerce platform in Bandung, Indonesia. The research was motivated by the surge in e-commerce adoption during the COVID-19 pandemic and Bukalapak’s concurrent decline in market share. Using a quantitative explanatory design, data were collected via an online survey of 150 eligible respondents and analyzed through path analysis with SmartPLS 3.2.9. The results demonstrate that digital service quality significantly enhances digital satisfaction (β = 0.782, *p* < 0.001) and directly impacts loyalty (β = 0.288, *p* = 0.001). Digital satisfaction further exerts a strong positive effect on loyalty (β = 0.674, *p* < 0.001) and partially mediates the relationship between service quality and loyalty. These findings contribute to the literature by validating a partial mediation model in the e-commerce context and offer practical insights for platforms targeting Generation X, emphasizing the need for user-centric digital features to foster satisfaction and sustained loyalty.
Strengthening Digital Literacy: Leveraging Elaboration Likelihood Model and Participatory Communication in Online Fraud Prevention Videos Dwi Firmansyah
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.v24i2.6290

Abstract

The recent rise in online fraud requires concrete measures to promote public education on cybersecurity. This study aimed to analyze how BCA’s campaign employs ELM’s central and peripheral routes to persuade and educate customers about phishing prevention. Using a qualitative approach, this research examined the application of the Elaboration Likelihood Model (ELM) and Participatory Communication Theory in building customer awareness of phishing threats. The findings showed that combining persuasive messages through ELM’s central and peripheral routes, along with interactive elements of participatory communication, played a significant role in improving customers’ digital literacy. Short and dynamic video media prove to be adaptive for digital audiences in educating about online fraud prevention. However, challenges such as information overload and the evolving nature of phishing require ongoing innovation. This study provides insights into the role of participatory communication that can be applied in cybersecurity education.
Juridical Review of the Inheritance Rights of Children Without Formal Status: An Analysis of the Constitutional Court's Decision No. 46/PUU-VIII/2010 in Child Protection Efforts Sisilia; Tri Andari Dahlan
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.v24i2.6370

Abstract

The Constitutional Court Decision No. 46/PUU-VIII/2010 is a progressive step in upholding justice for out-of-wedlock children, especially in terms of the recognition of civil relations with biological fathers that were not previously legally recognized. The provisions in Article 43 paragraph (1) of Law No. 1 of 1974 limit the legal relationship of out-of-wedlock children only with their mother and family, thus causing injustice in access to inheritance rights. This article aims to juridically examine the changes in legal norms due to the decision and evaluate its implications for the inheritance system and legal protection of children. The method used is a normative juridical approach through the analysis of laws and regulations, legal doctrine, and jurisprudence of the Constitutional Court. The results of the study show that the Constitutional Court's decision has expanded the scope of civil relations between children out of wedlock and their biological fathers, opening up legitimate access to inheritance rights as long as it can be legally proven. This ruling removes previous normative discrimination and strengthens constitutional principles of equality before the law and the protection of children. Thus, this ruling is an important milestone in the reconstruction of the principle of justice in national family law
The Concept of Restitution as Legal Accountability in the Crime of Human Trafficking Rajarif Syah Akbar Simatupang; Ida Hanifah; Adi Mansar
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.v24i2.6444

Abstract

Indonesia as a country that has problems in human trafficking, not only functions as a country of origin (source) and transit point for international human trafficking, but also as a country that receives victims. The increasing number of workers that is not accompanied by the availability of employment opportunities is a very complex problem to overcome. This research is a normative legal research, namely a legal study that positions law as a structured norm system. In Indonesian legal regulations, it has been regulated in Law No. 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking related to legal accountability for criminal acts of human trafficking. This law also regulates the rights of victims to receive medical and social rehabilitation, repatriation, and reintegration that must be provided by the state, especially for those who experience physical, psychological, and social suffering due to the crime of human trafficking. Restitution prioritizes the perpetrator's responsibility for the impacts caused by the crime. Therefore, the main target is to handle all losses experienced by the victim.
Emil Law Enforcement Of Fishery Crimes By Corporations In Indonesia: Law Enforcement Of Fishery Crimes By Corporations In Indonesia Emiel Salim Siregar; Adi Mansar; Surya Perdana
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.v24i2.6449

Abstract

This article aims to enforce the law on criminal acts of fisheries by corporations in Indonesia. Fisheries is a leading sector for the Indonesian economy, but there are often violations of the law committed by corporations in their fisheries activities, so that law enforcement against criminal acts of fisheries by corporations in Indonesia has complex challenges. This study uses normative legal research, which refers to applicable legal regulations and binds the surrounding community. This study formulates critical questions about the legal regulation of criminal acts of fisheries by corporations in Indonesia and also the implementation of law enforcement of criminal acts of fisheries by corporations in Indonesia. Increasing cooperation between government law enforcement agencies and civil society is important to overcome existing challenges and ensure the sustainability of fisheries resources in Indonesia.
The Thought of the Ulama of the Islamic Association on the Transformation of the Social and Cultural Role of Women as Housewives: Implications for the Concept of Gender Equality Beni Ahmad Saebani; Mustopa
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.v24i2.6468

Abstract

The Unity of Islam cleric's thinking is distinctive in determining legal provisions, especially in formal rituals. However, a different approach is used when discussing the shift in the role of housewives, which does not yet have a firm view from Islamic Unity scholars. This research uses descriptive analysis method by collecting data through observation, interviews, and documentation, as well as the main data source from the opinions of Islamic Unity scholars. The aim is to analyze the thoughts of Islamic Unity scholars on the changing social and economic roles of women as housewives. The results of the study were analyzed using an empirical juridical approach, gender equality theory, and the concept of family law reform from Tahir Mahmood. In conclusion, the Islamic Union scholars consider the role of women in family law as part of muamalah that can be developed progressively, while still paying attention to the principles of Islamic law. This thinking is socialized positively through various activities to the community, with the al-maslahah al-mursalah approach to maintain the principle of women's dual role as housewives, without equating all activities between men and women.
Exploring Legal Vacuum in Tax Dispute Claims: A Study of Tax Insurance Regulatory Asymmetry in M&A Transactions Mia Rasmiaty
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.v24i2.6567

Abstract

The absence of tax insurance regulations in Law No. 40/2014 and POJK creates legal uncertainty that triggers post-M&A disputes. The unclear scope of “tax risk” coverage has the potential to increase the fiscal burden and losses of companies. This study aims to identify and analyze gaps in tax insurance regulations within the Indonesian legal framework. The results are expected to formulate recommendations for amendments to the Insurance Law, technical guidelines from the OJK-DJP, and standard policy clauses. The research method uses a normative legal approach with statutes, conceptual analysis, and case studies. This study found that the absence of specific regulations on tax insurance in the Insurance Law and POJK creates uncertainty regarding coverage after M&A. The lack of clarity in the definition of “tax risk” and the absence of mandatory clause guidelines trigger potential disputes and fiscal losses for businesses. Therefore, amendments to the Insurance Law, integrated technical guidelines from the OJK and DJP, and tax insurance contract standards are needed to ensure legal certainty and investment stability.

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