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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 1,613 Documents
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Emil Law Enforcement Of Fishery Crimes By Corporations In Indonesia: Law Enforcement Of Fishery Crimes By Corporations In Indonesia Emiel Salim Siregar; Mansar, Adi; Perdana, Surya
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 Ahmad Saebani, Beni; 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 Rasmiaty, Mia
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.
Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective Sukirman, Asrianti; Sunaryo Mukhlas, Oyo; Khosyi'ah, Siah; Hasan Ridwan, Ahmad
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 Defry Yusdanial, Raden Fardiandra; Marnija, Marnija; Prabowo, Taufik Tri; Haikal, Ahmad; Herman, KMS
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 Firaldi Akbar, Mohamad; 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; Zain, Irma Istahara
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 Riyanti, Indah
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.

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