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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 1,718 Documents
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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
LEGAL PROTECTION FOR THE BOARD OF DIRECTORS OF REGIONAL GOVERNMENT-OWNED ENTERPRISES MAKING INVESTMENTS WITH THIRD PARTIES THROUGH THE APPLICATION OF THE BUSINESS JUDGMENT RULE DOCTRINE Ramlan, Hamzar Nodi, M. Ilham
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.v24i2.6640

Abstract

This study aims to examine whether the business judgment rule doctrine can be applied to protect the directors of Regional Government-Owned Enterprises (RGE) who engage in investment collaborations with third parties when the RGEs incurs losses. The type of research employed is normative legal research, utilizing a conceptual approach and a case approach. The study is explanatory in nature and relies on secondary data, with primary legal sources including the Limited Liability Company Law and Government Regulation No. 54 of 2017, analyzed qualitatively. In performing their duties to manage RGEs, directors are often blamed and accused of criminal corruption due to the perceived losses suffered by the RGEs as a result of their actions. Therefore, directors in managing RGEs must act in good faith and responsibly, paying careful and diligent attention to the company. They are personally accountable for any company losses if they are found guilty of or negligent in performing their duties. However, directors who perform their duties appropriately and can demonstrate that the losses incurred by the RGEs were not due to their fault or negligence can be exempted from liability for such losses through the application of the business judgment rule doctrine
The Principle of Justice in Sharia: A Study of The Meaning of Kufu'/Kafa'ah (Compatibility) of Bride and Groom in Marriage abdul wahab
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.v24i1.6869

Abstract

This study examines the application of the kufu' (compatibility) principle in Islamic marriage law and its contribution to promoting social justice. The research aims to analyse how kufu', traditionally employed to ensure marital harmony by assessing equality in terms of religion, social status, and economics, is implemented in contemporary Muslim societies. The study uses a qualitative approach, gathering data through interviews with Islamic scholars, marriage counsellors, and couples, complemented by an extensive literature review. The findings indicate that while kufu' can enhance marital stability, its rigid interpretation in certain contexts has led to gender and class discrimination. As societies evolve, there is an increasing need to reinterpret this principle to include compatibility with emotional, psychological, and personal values beyond mere social or economic equality. The study concludes that kufu' remains relevant but requires adaptation to modern values of justice and equality to ensure fair and stable marriages, contributing to broader discussions on justice within Islamic family law.
The New Regulations on Land Management Rights (HPL) to Increase Investment Sri Harini Dwiyatmi; Marihot Janpieter Hutajulu; Selvie Novitasari; Exsa Nur Chika Amitha
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.v24i1.7125

Abstract

Land Management Rights (HPL) are an agrarian legal instrument that plays a strategic role in managing state assets. However, procedural complexity, overlapping regulations, and limited investor access to state land often hinder the creation of a conducive investment climate. The government introduced new regulations regarding HPL to address these issues by strengthening legal certainty, simplifying cooperation mechanisms, and increasing transparency. This article aims to examine the substance of the new HPL regulations and analyze their implications for increasing investment in Indonesia. The research uses a normative juridical method with a legislative approach and qualitative analysis of policy documents and implementation practices. The study results indicate that the new regulations provide greater flexibility for HPL holders in collaborating with investors while simultaneously reducing bureaucratic obstacles. However, challenges such as harmonizing regulations and protecting surrounding communities still require attention to ensure sustainable investment growth.
Legal Status and Rights of Children from Mixed Marriages Abroad that are not Registered in the Indonesian Civil Registry Andyna Susiawati Achmad; Paula Paula; Astrid Athina Indradewi
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.v24i2.5139

Abstract

This study aims to analyze (1) the registration of mixed marriages conducted abroad in the Indonesian Civil Registry and (2) the rights and legal status of children from mixed marriages abroad who are not registered with the Indonesian Civil Registry. Technology development has increased interactions between citizens of different countries, resulting in mixed marriages. The prospective husband and wife from various nationalities are subject to the laws of their respective countries. In the international realm, there are differences between Indonesian marriage laws and those of other countries, both in material and procedural aspects. The research method used is normative juridical. The findings of this study indicate that mixed marriages conducted abroad can be registered in Indonesia by fulfilling administrative requirements. Children from mixed marriages abroad who are not registered in Indonesia are considered Indonesian citizens and have rights as children born out of wedlock unless acknowledged by their father or it can be proven that the child has a blood relationship with the father.
The Effectiveness of The Role of The Land Office (Badan Pertanahan Nasional) as A Mediator in Resolving Land Disputes Basyarudin
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.v24i1.5145

Abstract

Land is an object that is vulnerable to disputes and problems regarding ownership and boundaries. The problem raised in this research concerns the effectiveness of the mediation role of the national land agency in resolving land conflicts and the factors that influence it. Research Objective: To examine and analyze the effectiveness of the role of the Land Office in resolving land disputes which are carried out by the provisions and are binding according to statutory regulations. This research was carried out in a normative juridical manner using a statutory approach. The role of the Land Office or National Land Agency as an effective mediator in resolving land disputes as a government institution that carries out government duties in the land sector. The role of the Land Office as a mediator in resolving land disputes is to strive to be a means of resolving land disputes by implementing a legal system that guarantees justice, legitimacy, and legal certainty. Therefore, it can be concluded that the results of conciliation within the land agency can have binding legal value, which indirectly shows that the role of the land agency as a mediator in resolving land disputes has been effective, but in reality, very few land disputes have been successfully resolved

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