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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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Harmonisation of Criminal Provisions on Environmental Protection and Management in The Ordinance of Sustainable Environmental Maintenance Brata, Trisna Agus; 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 Erwin, Yulias
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.
An Islamic Legal Review of the Implementation of Agricultural Partnership-Based Zakat (Mukhabarah) Harahap, Titi Martini; Saniah, Nur
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 elysa Wardhani, Novea
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 Sutrisman, Nicholas; 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 Firmansyah, Dwi
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; Andari Dahlan, Tri
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.

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