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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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International Law and Cyber Technology: Challenges of Global Regulation in the Digital Diplomacy Era Dewi Triwahyuni; Wim Tohari Daniealdi; Iwan Ridwan Zaelani
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.v24i2.6332

Abstract

The rapid development of information technology has driven a major transformation in international relations, particularly through digital diplomacy. On the other hand, this progress has also posed serious challenges to international law, which has yet to fully regulate cross-border cyber activities. This study aims to examine the main challenges faced by international law in responding to the dynamics of global cyberspace, as well as to evaluate the role of digital diplomacy in shaping fair and inclusive cyber regulations. The research employs a qualitative method using a literature review approach, analyzing scholarly sources, policy reports, and official international documents. The findings reveal a significant legal vacuum in addressing cyberattack attribution, state responsibility, and the protection of human rights in the digital space. Current cyber diplomacy efforts remain hindered by ideological differences between major powers and developing countries, as well as by the dominance of non-state actors such as global technology companies. The conclusion of this study highlights the urgency of establishing a responsive, multistakeholder international legal framework that ensures global digital justice. Without collective efforts and international compromise, cyberspace risks becoming a battlefield of conflict without clear legal boundaries.
Political Dynasties and Legal Loopholes in Regional Elections: a Case Study of Families of Regional Officials in the 2024 Political Year AFIF SYARIFUDIN YAHYA
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.v24i2.6336

Abstract

The phenomenon of political dynasties in regional head elections continues to show an upward trend, especially in the lead-up to the 2024 Simultaneous Regional Elections. In an electoral democracy, the domination of power by incumbent families poses a serious threat to the principles of meritocracy, fair competition, and public accountability. The re-emergence of prominent names from the inner circles of regional political families indicates that power is no longer contested through open mechanisms, but rather inherited structurally through kinship networks and political patronage. This research employs a qualitative approach with a normative-empirical design. Data were obtained through a literature review of legislation, Constitutional Court rulings, as well as research reports and scholarly publications related to political dynasties and regional elections. The primary aim of this research is to examine the relationship between legal loopholes in regional election regulations and the rise of political dynasties, as well as their impact on the quality of democracy and local governance. The findings reveal that the absence of substantive norms limiting the candidacy of incumbent family members creates a legal gap that is exploited to perpetuate power. The annulment of Article 7 letter r of Law No. 8 of 2015 by the Constitutional Court has further legitimized political dynasties within a system that remains democratically unconsolidated. The consequences include declining leadership quality, increased conflicts of interest, weakened oversight, and a growing number of corruption cases in regions dominated by political dynasties. This phenomenon also narrows the space for political competition and strengthens the dominance of local oligarchies in electoral contests.
DLH and WALHI's Perception of the Local Wisdom Values of Pasang Ri Kajang as an Environmental Conservation Effort Sabriani; Syukri; Syahban Nur; Arafi Gunawan; Isti Anna
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.v24i2.6354

Abstract

This study aims to examine the perceptions of the Environmental Office (DLH) and the Indonesian Forum for the Environment (WALHI) regarding the local wisdom values of Pasang Ri Kajang in the context of environmental conservation efforts in Bulukumba Regency, South Sulawesi. A qualitative approach was employed, utilizing a case study method, which involved in-depth interviews, participatory observation, and documentation with key informants from DLH, WALHI, and indigenous Kajang leaders. The findings reveal that both DLH and WALHI hold positive perceptions of Pasang Ri Kajang, particularly in terms of forest preservation, sustainable natural resource management, and the spiritual relationship between humans and nature. These values are perceived to align with modern ecological principles and serve as an alternative foundation for policy formulation in conservation efforts. The study also highlights institutional and sectoral challenges in integrating local values into environmental programs. Therefore, synergy among state actors, civil society organizations, and indigenous communities is essential to mainstreaming local wisdom into sustainable environmental policies.
Assessing the Urgency of Legal Certainty in the Provision of Health Services at Community Health Centers with Basic Emergency Obstetric and Neonatal Care Capacity in East Lombok Regency Gusti Ayu Ratih Damayanti; Sukarno; Ahmad Rifai
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.v24i2.6356

Abstract

Health facilities equipped with adequate infrastructure and competent healthcare personnel represent the most ideal setting for providing care during pregnancy, childbirth, the postpartum period, and the neonatal phase. Consequently, the availability of Community Health Centers (Puskesmas) capable of providing Basic Emergency Obstetric and Neonatal Care (PONED) is expected to contribute significantly to the reduction of maternal mortality (AKI) and infant mortality (AKB), particularly in East Lombok Regency. However, research findings indicate that the implementation of health services at Puskesmas capable of PONED in East Lombok Regency remains ineffective. Contributing factors include inadequate facilities and infrastructure, the limited number of healthcare personnel certified in PONED training, delays in updating assignment letters related to staff transfers (which affects their authority), and a lack of adequate evaluation and supervision in service delivery. Legal certainty in the implementation of health services at Puskesmas capable of PONED can be strengthened through several measures: (a) Regular evaluation and supervision of operational eligibility, formalized through official decrees; (b) Increased budget allocation for PONED training programs for healthcare workers; (c) Alignment of staff transfers with the conditions and needs of PONED-capable Puskesmas; and (d) The formulation and issuance of new regulations that provide comprehensive guidelines for health service delivery at PONED Puskesmas. These legal and operational enhancements are essential for ensuring quality and continuity in maternal and neonatal healthcare, which in turn supports broader public health goals in the region.
Cross-Border Consumer Resolution through TikTok: A Legal Perspective on Consumer Protection in Indonesia Radea Respati Paramudhita
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.v24i2.6368

Abstract

The rapid emergence of TikTok as a digital marketplace has transformed the landscape of cross-border e-commerce. Originally functioning as a social media application, TikTok now facilitates direct commercial transactions between sellers and consumers across national borders, particularly in Southeast Asia. This shift raises significant legal concerns regarding consumer protection, jurisdictional reach, and dispute resolution. Legal systems, especially in developing countries like Indonesia, are often unprepared to address the complexity of disputes arising from such cross-jurisdictional interactions. This study, through a normative juridical approach and literature-based analysis, evaluates the limitations of Indonesia’s current legal regime in ensuring effective consumer protection in the digital trade context. The discussion emphasizes the necessity of strengthening Online Dispute Resolution (ODR) mechanisms and fostering international regulatory harmonization. Recommendations are proposed to address legislative gaps and institutional weaknesses in anticipation of the growing role of global e-commerce platforms in shaping consumer transactions.
SINKRONISASI HUKUM UNTUK ALIH FUNGSI LAHAN DALAM PENGEMBANGAN WISATA ALAM Gibran Muhammad Gaza Palestin; Putri Nur Fazriyah; Endang Sutrisno; Mohammad Sigit Gunawan; Harmono
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.v24i2.6397

Abstract

Land use conversion in the context of tourism development particularly nature-based tourism constitutes a strategic issue encompassing legal, environmental, and socio-economic dimensions. This study aims to analyze the extent to which Indonesia’s legal and regulatory frameworks have accommodated the governance of land-use conversion within the framework of sustainable tourism development. The research employs a normative juridical approach by examining statutory regulations relating to spatial planning and land-use conversion. This study is particularly relevant given the increasing strategic importance of environmental policies, including those in Kuningan Regency. One such regulation is Law Number 26 of 2007 concerning Spatial Planning. The findings indicate that, normatively, there is a degree of legal synchronization across various regulations that ensures conformity in spatial utilization with the Regional Spatial Plan (RTRW) and the Detailed Spatial Plan (RDTR), while also incorporating sustainability and environmental protection considerations. Nonetheless, practical challenges persist, including overlapping authorities, weak enforcement mechanisms, and limited public participation. Therefore, there is a pressing need to strengthen both legal structures and the legal culture of society to realize legal certainty and effective protection in land-use conversion for equitable and sustainable tourism development.
Prenuptial Agreement in Islamic Family Law: A Maqāṣid al-Sharī‘ah Approach Khairul Mufti Rambe
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.v24i2.6419

Abstract

This study analyzes prenuptial agreements within the framework of Islamic family law and explores their harmonization with contemporary social demands. While recognized under Article 29 of Law No. 1 of 1974 jo. Law No. 16 of 2019, such agreements remain contested in classical Islamic jurisprudence. Using a qualitative method with a normative-conceptual and comparative approach, this research draws from classical texts (e.g., al-Māwardī, Ibn Qudāmah) and contemporary thought on maqāṣid al-sharī‘ah (e.g., al-Shāṭibī, Ibn ʿĀshūr), as well as interviews with scholars and practitioners. The findings show that prenuptial agreements are not inherently in conflict with Islamic law if aligned with core marital principles. When framed within maqāṣid, they can promote maṣlaḥah by clarifying spousal rights and protecting shared assets. The academic contribution of this study lies in its integrative framework that bridges traditional Islamic legal doctrine with the evolving socio-legal context of Muslim societies. It also offers practical implications for developing Islamic-compatible prenuptial models and raising public awareness
PERLINDUNGAN HUKUM DALAM PERJANJIAN KERJASAMA OBYEK WISATA TERAS SAWAH CEKING ANTARA DESA ADAT TEGALALANG DAN DESA ADAT KEDISAN KABUPATEN GIANYAR BALI Kadek Apriliani; Putu Angga Pratama Sukma; Putu Bagus Dananjaya
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.v24i2.6427

Abstract

Tourism sector development contributes to regional income growth. One example is Gianyar Regency, which has various tourist destinations, including the Ceking Terrace Tourist Attraction. This destination is famous for its terraced views located in Kedisan Traditional Village, Tegallalang District. This research discusses the regulation and implementation of the profit-sharing agreement in the management of the Ceking Terrace Tourist Attraction. The method used is empirical legal research. The results of the study show that the legal regulation regarding the profit-sharing in the management of this tourist attraction is governed by the Gianyar Regency Regional Regulation No. 10 of 2013. This regulation stipulates that traditional villages and traditional institutions have rights within the profit-sharing system for managing this tourist attraction. The profit-sharing agreement includes the rights and obligations of the involved parties, including the management body of the Ceking Terrace Tourist Attraction, which is entitled to guarantees as per the agreed contract. The management body is also obligated to ensure the smooth operation of the management. Additionally, landowners are entitled to compensation for the rice fields used as tourist attractions, with the obligation to maintain its beauty in accordance with the agreement
The Spread of Hoaxes on Social Media: A Communication Analysis and Legal Review of the ITE Law Olih Solihin; Sahat Maruli Tua Situmeang; Safutra Rantona rantona; Yuni Mogot rantona
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.v24i2.6467

Abstract

The rapid evolution of digital technology has transformed social media into the primary platform for information dissemination. While it offers speed and accessibility, social media also enables the uncontrolled spread of misinformation and hoaxes. This study aims to describe the pattern of hoax dissemination on social media from a digital communication perspective and to analyze how Indonesian Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law) responds to this phenomenon from a legal standpoint. Using a descriptive qualitative method based on literature review, this study combines communication theories—particularly framing and agenda setting—with normative legal analysis. Hoaxes are often framed emotionally and sensationally to attract public attention and manipulate perception. Through agenda setting mechanisms, such content dominates digital discourse, reinforcing its perceived importance regardless of truth. The findings suggest that the spread of hoaxes is driven not only by content but also by algorithmic amplification and public vulnerability due to low digital literacy. While the ITE Law provides a legal framework to address online misinformation, its enforcement faces challenges such as ambiguous legal language and difficulties in proving intent. Therefore, an interdisciplinary approach combining communication strategy and legal reform is needed to effectively combat the hoax epidemic. This study contributes to both academic discourse and policy recommendations aimed at building a more informed and resilient digital society.
Legal Protection for Wives in Unregistered Polygamous Marriages: An Analysis of Islamic Law in Indonesia Asrat Nita Wati; Pagar Pagar; Hasan Matsum
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.v24i2.6589

Abstract

Indonesia’s Marriage Law No. 16/2019 mandates marriage registration, yet cultural-religious norms perpetuate nikah sirri (unregistered marriages), particularly in polygamy, denying wives spousal rights. While Islamic law validates such unions via rukun and syarat, statutory exclusion strips wives of inheritance, alimony, and child legitimacy, violating maqashid sharia principles like hifz al-nasl (lineage) and hifz al-mal (property). Prior studies identify this dissonance but lack systemic reforms bridging Islamic jurisprudence and comparative law. This research addresses this gap by analyzing wives' legal status in unregistered polygamy under Islamic and Indonesian law, designing reforms reconciling religious validity with enforceable safeguards. Using normative legal research, it combines doctrinal analysis of Islamic texts/statutes with qualitative analysis of Religious Court rulings. Findings reveal 78% of nikah sirri wives face economic disenfranchisement, and 89% lack alimony recourse due to burdensome retroactive marriage validation. Comparatively, Malaysia’s and Morocco’s laws slashed polygamy rates (95%, 99.7%) via judicial oversight absent in Indonesia. Legal pluralism enables patriarchal qiwamah interpretations: 67% of Java’s polygamy permits bypass spousal consent; 72% of rural nikah sirri involve child brides. Consequently, 81% of unregistered wives suffer disinheritance; 54% of children endure stigma. The study innovates by proposing a hybrid reform model integrating maqashid sharia with feminist jurisprudence, advocating specialized courts, simpler isbat nikah, and criminalizing unregistered solemnization. Aligning with Moroccan/Malaysian models could cut nikah sirri by 40%, upholding hifz al-ird (dignity) and constitutional equity, offering a blueprint for Muslim-majority nations

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