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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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Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective Asrianti Sukirman; Oyo Sunaryo Mukhlas; Siah Khosyi'ah; Ahmad Hasan Ridwan
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.v24i2.6570

Abstract

Indonesia, as a multicultural country, has three coexisting inheritance law systems: customary law, Islamic law (through the Compilation of Islamic Law/KHI), and civil law (Civil Code). These three systems often exhibit fundamental differences in terms of normative foundations, inheritance mechanisms, and the values of justice they uphold. Through a maqashid syariah approach emphasizing protection of religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), property (māl), and justice (‘adl), this study analyzes the common ground and gaps between customary and national inheritance law. The analysis reveals that while customary law seeks to preserve property and social structures, discriminatory practices and inadequate protection for vulnerable groups still exist. Conversely, the KHI, as part of national law, is more systematic in ensuring distributive justice, though it remains rigid and requires contextualization. This study recommends the importance of normative reconstruction through the compilation of standardized national customary inheritance law based on the values of maqashid and Pancasila, as a step toward an inclusive, fair, and sustainable inheritance law system.
Rationality of Witchcraft Offense in The New Paradigm of Punishment in Indonesia Raden Fardiandra Defry Yusdanial; Marnija Marnija; Taufik Tri Prabowo; Ahmad Haikal; KMS Herman
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.v24i2.6687

Abstract

This research examines the rationality of criminalizing the practice of witchcraft in the framework of Indonesian criminal law after the enactment of Law Number 1 of 2023 concerning the Criminal Code. This law expressly regulates criminal acts based on the recognition of magical powers associated with witchcraft. The offence of witchcraft in the new Criminal Code raises various controversies such as the potential vagueness of the norm, difficulty of proof, and implications for freedom of expression as well as the potential for arbitrary criminalization. Many have criticized the irrationality of regulating witchcraft, which is rooted in mystical beliefs, consciously drawn by the legislators into a rational legal framework. How can a practice that is considered irrational be regulated by law based on rationality and logic? Using normative juridical research method, this study unravels the witchcraft controversy in the new Criminal Code while explaining the legal framework and punishment policy contained in Article 252 of the Criminal Code. Through philosophical deepening and comparative studies, this study critically examines the aspects of norm coherence with the principle of legality, scientific proof efforts, as well as its effectiveness in dealing with social impacts. The purpose of this study is to analyze the rationale behind the establishment of Article 252 of the Criminal Code as an instrument to criminalize the practice of witchcraft. The results of this study conclude that Article 252 of the Criminal Code is a rational legal instrument. This article also reflects a paradigm shift in punishment that is not merely repressive, but educative and preventive so that the Indonesian criminal law system is able to respond to the irrational practice of witchcraft.
MODEL OPTIMASI PROGRAM BANK SAMPAH SEBAGAI SOLUSI PENGELOLAAN SAMPAH BERKELANJUTAN DI KOTA BANDUNG Mohamad Firaldi Akbar; Al Banda Arya Rekso Negoro; Muhammad Ridha Pratama
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.v24i2.5921

Abstract

Waste management is a major challenge in the city of Bandung due to the increasing volume of domestic waste and rapid urbanization. One of the efforts to overcome this problem is through a community-based waste bank program which aims to reduce the amount of waste and provide economic benefits for residents. This study aims to analyze the waste bank optimization model in increasing the effectiveness of sustainable waste management and its impact on the socio-economic welfare of the community. Using a descriptive qualitative method, data was collected through in-depth interviews with three waste bank managers in the city of Bandung. The results of the study show that the main obstacles in the management of waste banks include limited funding, low community participation, and lack of supportive regulations. Therefore, the proposed optimization model includes three main strategies: diversification of funding sources through partnerships with the private sector and economic incentives for the community, increasing the capacity of human resources in the operational management of waste banks, and strengthening policies and government support in the provision of clearer infrastructure and regulations. By implementing this strategy, the waste bank can further contribute to sustainable waste management and improve the socio-economic welfare of the community in the city of Bandung.   .
The Authority of the Consumer Dispute Settlement Agency in Supervising the Inclusion of Standard Clauses Haerani; Irma Istahara Zain
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.v24i2.6026

Abstract

The Consumer Dispute Settlement Agency is essential in regulating standard clauses in consumer contracts and adjudicating conflicts between consumers and businesses. This paper analyses BPSK's jurisdiction, efficacy, and obstacles in overseeing standard clauses, which are frequently formulated unilaterally by commercial entities and may prejudice consumers. This study employs a normative legal research methodology alongside Socio-Legal Research to examine the legislative framework regulating BPSK and the practical difficulties encountered in overseeing unfair standard clauses. Research reveals that BPSK encounters substantial challenges, such as inadequate resources, minimal consumer knowledge, ineffective enforcement mechanisms, and the intricacies of digital transactions. The agency is devoid of the authority to enforce direct sanctions, depending instead on mediation, conciliation, and arbitration. Consequently, numerous enterprises persist in incorporating inequitable clauses in contracts without encountering significant repercussions, thereby diminishing the overall efficacy of consumer protection initiatives. Moreover, the proliferation of e-commerce and digital transactions introduces new issues, as typical provisions in online agreements frequently exhibit complexity and lack transparency, thereby complicating customer scrutiny.
Legal Protection for Children in the Framework of Internasional Law: A Study of the National Convention Wahab Aznul Hidaya
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.v24i1.6051

Abstract

All around the world, children face various forms of exploitation, violence, and human rights violations. This study aims to analyze child rights protection within the internasional legal framework and its implementation at the national level. The main focus the study is to explore the challenges faced by countries, especially developing countries, in implementing child rights protection, as well as the role of internasional organizations in supporting these efforts. The method used is a normative juridical approach that analyzes various internasional legal instruments relating to children’s rights and how countries integrate them into their domestic legal systems. This study also conducts a comparative analysis between countries that have successfully implemented child protection and countries that face significant obstacles. The novelty of this study is due to the in-depth analysis of the discrepancies between internasional legal norms and local customs, as well as the identification of workable solutions to address these gaps. The results show that while the internasional legal framework has provided a solid foundation, implementation at the nasional level still faces various obstacles, especially development by providing strategic recommendations for policymakers and internasional organizations to strengthen child protection systems worldwide.
The Effects of Indonesia’s Membership in BRICS on Free Trade Policies and Legal Safeguards for Domestic Enterprises Indah Riyanti
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.v24i2.6058

Abstract

Indonesia's potential membership to BRICS, a coalition of prominent rising economies, presents substantial ramifications for international trade legislation and domestic regulatory structures. The research adopts a normative legal approach, employing statutory, conceptual, and comparative methodologies to examine primary legal sources, including international trade agreements, Indonesian trade regulations, and BRICS policies, alongside secondary sources such as academic articles and case studies. The principal findings indicate that Indonesia's participation in BRICS may augment its trade prospects by providing access to expansive markets and cooperative economic endeavours. Nonetheless, it presents obstacles, especially in harmonizing domestic trade regulations with BRICS' unified objectives and guaranteeing sufficient legal safeguards for local enterprises against heightened competition. The study concludes that Indonesia must strategically amend its trade legislation to reconcile international obligations with national interests, advocating for the creation of strong legal protections, enhancement of domestic enterprise capabilities, and proactive involvement in formulating BRICS trade policies to optimize advantages while minimizing risks. This paper enhances the discussion on the convergence of international trade law and domestic legal systems within the framework of growing economic alliances.
Review of the Effectiveness of Article 76 C of Law Number 35 of 2014 concerning Child Protection in the Prevention and Eradication of Bullying in Indonesia Safrilla Ayu Maharani; Nu’man Aunuh; Cholidah
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.v24i2.6129

Abstract

Bullying is a negative action that is carried out repeatedly by a stronger or powerful individual against a weaker individual. Article 76C of Law Number 35 of 2014 concerning Child Protection prohibits everyone from placed, allowing, doing, ordering to do, or participating in violence against children. This provision aims to provide comprehensive protection for children from various forms of violence, including bullying. Although normatively Article 76C has regulated the prohibition of violence against children, implementation in preventing and eradicating bullying in Indonesia still faces various challenges. This study uses a normative juridical law research method that focuses on the study of applicable legal norms and their application in practice in society. These findings highlight the effectiveness of article 76C of law number 35 of 2014 concerning child protection in the prevention and eradication of bullying in Indonesia and how the ideal legal concept is in order to reduce bullying in Indonesia.
A Dynamics and Inconsistency of Justice Collaborators in Corruption Cases in Indonesia Sri Endah Indriawati
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.v24i2.6155

Abstract

This study aims to analyze the dynamics and inconsistency of the treatment of Justice Collaborators (JCs) in corruption cases in Indonesia. Justice Collaborators play a crucial role in uncovering corruption cases; however, the regulations governing their protection and rewards remain unclear, creating legal uncertainty. Against this background, the study focuses on the legal issues related to the protection and rewards for JCs, as well as the challenges encountered in their application, particularly in organized corruption cases. This research employs a normative legal approach, examining existing laws, regulations, and relevant literature to analyze the inconsistencies and disparities in the treatment of JCs. The findings indicate that the lack of clarity regarding the definition of "main perpetrators" and the absence of harmonization between legal frameworks hinder the effective protection of JCs. Furthermore, the inconsistency in judicial decisions leads to uncertainty about the rights and rewards for those cooperating with law enforcement. The study suggests the need for clearer regulations and greater harmonization among law enforcement agencies to ensure optimal protection for JCs in uncovering corruption cases.
TINJAUAN YURIDIS PEMBATALAN PUTUSAN ARBITRASE OLEH PENGADILAN NEGERI DITINJAU DARI UU NO 30 TAHUN 1999 TENTANG ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA (Studi Kasus Perkara Nomor 861/Pdt.Sus-Arbt/2023/PN.Jkt.Brt) Lia Amalia; Mela Mustika; Muhamad Abas; Saprudin
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.v24i2.6195

Abstract

Arbitration as an alternative to resolving business disputes offers a fast, confidential, and final process, but this finality is limited by the provisions of Law Number 30 of 1999 which allows for cancellation under certain conditions. This normative legal research analyzes the legal basis for the cancellation of an arbitration award through a case study of the West Jakarta District Court Decision Number 861/Pdt.Sus-Arbt/2023/PN.Jkt.Brt. The results of the study show that cancellation is only permitted based on three limiting reasons in Article 70 of the Arbitration Law. In the case of PT Talkindo Selaksa Anugrah, the judge annulled the BANI decision based on the discovery of important hidden documents and the existence of trickery. The judge's considerations reflect the balance between maintaining the principle of finality of arbitration and upholding substantive justice, although the standard of proof applied is more flexible than international standards. The annulment of an arbitration award must still be seen as an extraordinary corrective mechanism that is applied strictly, without sacrificing the integrity of the arbitration process, because finality should not protect dishonest practices in dispute resolution.
Criminal Law Analysis of Budget Corruption in the Public Sector: The Case of Local Governments Based on Law no. 31/1999 and Law No. 17/2003 Irfan Ardiansyah; Rustam
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.v24i2.6278

Abstract

In Indonesia, the public sector is one of the areas that is prone to corruption, even more so in local governments. This research also aims to identify the factors that affect the occurrence of budget corruption, as well as to develop recommendations to increase the effectiveness of law enforcement in eradicating corruption. This research method uses a normative approach. The normative approach is carried out by analyzing relevant laws and regulations, such as Law No. 31 of 1999 concerning the Eradication of Corruption and Law No. 17 of 2003 concerning State Finance. The results of this study show that although there have been several regulations governing the eradication of corruption crimes, such as Law No. 31 of 1999 and Law No. 17 of 2003, the application of criminal law to budget corruption cases in the public sector, especially in local governments, still faces various obstacles. The main obstacles found are weak supervision, both internal and external, as well as political intervention that slows down law enforcement. Many corruption cases are hampered due to the lack of sufficient evidence and the low integrity of the public officials involved. The slow legal process and injustice in law enforcement, especially when the perpetrators come from high-ranking officials, further exacerbate this situation. This results in the practice of budget corruption continuing, even though there is already a law regulating it. In addition, the results of this study also show the importance of increasing the capacity of human resources (HR) in regional budget management and stricter supervision of the use of public funds. Transparency in budget management and public involvement in supervision can be an effective solution to minimize budget corruption practices in the public sector

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