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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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Paradigm Shift from Punishment to Rehabilitation: An Analysis of the Implementation of the Best Interests of the Child Principle in the Criminal Justice System Tumian Lian Daya Purba; Silvester Magnus Loogman Palit
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.v24i2.6121

Abstract

The transformation of the penal paradigm for children from a retributive to a rehabilitative approach through  the mechanism of diversion is a crucial component in realizing the best interests of the child within Indonesia’s juvenile justice system. Diversion not onlyoffers a more humane resolution to cases shielding children from the adverse impacts of formal litigation but also creates space for psychosocial recovery and social reintegration. However, its effectiveness in practice continues to face major challenges, includingthe limited awareness and capacity of law enforcement officers, insufficient victim participation, and the shortage of qualified facilitators such as community corrections officers. To address these issues, an integrative implementation model is required, onebased on multidisciplinary psychosocial assessment and involving the collaboration of legal authorities, correctional institutions, communities, andeducational entities. Furthermore, strong institutionaland policy support through thedevelopment of operational regulations, adequate budget allocations, continuous training, and a child-friendly legal culture is essential to ensure that the transformation of penal policy towards rehabilitation becomes a substantive reality rather than a merely normative aspiration
Legal Consequences and Notary Responsibilities for the Hawalah Contract Deed that Does Not Meet the Provisions of Sharia Law (Study of Decision Number 1922/pdt.g./2020/pa.btm) Haeratun
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.v24i1.6126

Abstract

One of the important issues in marriage law in Indonesia that seems to be endlessly discussed is the registration of marriages and divorces in The Religious Courts. This issue is still being hotly discussed not only by Islamic law experts (ulama) but also among ordinary people. The purpose of this study is first, to explain that when a woman has a husband and divorces isn’t in the Court (her marital status is recorded), when she remarries (underhands marriage) with another man and then files for marriage confirmation (itsbat nikah); second, to analyze related to a woman who divorces not in the Court with her ex-husband (underhands marriage), then she remarries (underhands marriage) with another man and then files for marriage confirmation (itsbat nikah). The research method includes, the type of doctrinal legal research. The results of this study are that the Religious Court has the authority to annul a marriage if the marriage is considered invalid (no legal force), or if a marriage is considered not to meet the requirements of a marriage that has been determined, or if the marriage that has been carried out is known to have a legal defect as a result of a lie and mistake or because of coercion. Meanwhile, the data collection technique in this study was carried out using several stages, starting with the collection of secondary data in the form of primary legal materials and secondary legal materials related to marriage registration and the problems of polyandrous marriage confirmation and its legal consequences for the children.
Positive Law and Sharia Review of Waqf Deposit Products with a Content Analysis Approach Asnan Purba; Yaser Taufik Syamlan
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.v24i2.6127

Abstract

Waqf Deposits are a form of investment where funds are set aside for waqf purposes and are managed by Sharia Financial Institutions. The profits can be used for social or educational activities. This research uses a qualitative method of literature study/library search which tries to compare several existing regulations, then tries to conclude whether there is a need for new regulatory provisions related to waqf deposits, especially integration between waqf deposit management and the latest regulations, Indonesia Financial Services Authority (OJK) involvement in supervising waqf deposits, protection Customer Law in Waqf Deposit Products. This research provides an in-depth study of aspects of legal protection for customers who own funds in waqf deposit products, considering that there is still limited literature that examines this topic comprehensively. This research not only refers to existing laws, but also integrates the latest regulatory developments related to sharia fintech and the management of waqf funds in the form of deposits. This research also makes a significant contribution in understanding and developing waqf deposit products that comply with sharia law and regulations applicable in Indonesia.
Implementation of Deradicalization In the Framework of Handling Criminal Acts of Terrorism in the Legal Area of the Central Sulawesi Regional Police Robi Utomo; Sulbadana; Jubair; Awaluddin
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.v24i2.6134

Abstract

This study aims to examine the implementation of deradicalization in the context of handling criminal acts of theism in the jurisdiction of the Central Sulawesi Police. The implementation of deradicalization in the jurisdiction of the Central Sulawesi Police is carried out by several parties, namely: Densus, and Ops Madago Raya. Each of these parties in carrying out their activities is not integrated, but coordinates with each other. Activities carried out by Densus are approaching former terrorism prisoners and families, with the aim of repairing and regaining trust, then synergizing with various institutions and district governments, carrying out supervision of former terrorism prisoners who receive assistance, separating former terrorism prisoners and families from radical groups, and mobilizing religious leaders, community leaders, and the community to build resilience so as not to be influenced by radicalism. The research method used is empirical legal research with a qualitative approach. Data collection techniques through observation, interviews and documentation. The location of this research is in 4 districts which are Madago Raya operation areas, namely Sigi-Biromaru Regency, Parigi-Moutong Regency, Poso Regency, and Tojo Una-Una Regency, Central Sulawesi Province. The results of the research are in the implementation of deradicalization in the jurisdiction of Central Sulawesi Police, the stages carried out by Idensos, Ops Madago Raya, and LPMS refer to Law No. 5 of 2018 through the stages of identification and assessment, rehabilitation, social re-integration and economic independence with various positive, persuasive and humanist activities.
Catcalling In Syari’at: Islamic Perspective And Challenges In Aceh Baharuddin, Hasan Sazali, Elfi Yanti Ritonga, Zulfadli
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.v24i2.6136

Abstract

This study aims to analyze the occurrence of events catcalling in public space based on Islamic Sharia measurements. These measurements are considered part of the process communication between communicator and communicators regarding the handling of the catcalling phenomenon that often occurs in public space, which then became a challenge for the Acehnese people . The type of research is descriptive research using a qualitative approach, with in-depth interview techniques. The results of the study showed that the causes the occurrence catcalling explains that, first, the role of Islamic Sharia institutions related to catcalling is still being carried out in a marathon. However, one thing that should be underlined is that catcalling events have given rise to a negative stigma where such behavior is seen as an immoral act and does not reflect the dignified side of human behavior. This means that all victims of catcalling admit to experiencing prolonged trauma, difficulty speaking, low self-confidence, loss of thinking orientation and difficulty interacting with each other. Second, regarding legal certainty . This side is due to the stagnation in terms of the use of legal instruments between local products (qanun) or national products (Laws). Third, catcalling actions considered as a normal thing in society, so that this behavior is sometimes considered not a violation of the law. Therefore, in the author's opinion, Islamic communication principles are needed as an alternative instrument as a form of mitigation that prioritizes both the content of the message, the interaction between the communicator and the communicant, and or socio-cultural traditions that have developed into critical ones while still upholding the spirit of ethical values proportionally and with dignityy
The Relevance and Proportionality of Political Rights Revocation in Corruption Cases: A Juridical Analysis of Decision No. 10/Pid.Sus-TPK/2018/Jkt.Pst Endi Arofa; Susanto; Lely Zakiah Gunsar
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.v24i2.6137

Abstract

The revocation of political rights has emerged as a significant additional sanction in corruption cases adjudicated in Indonesia's Corruption Court. This article examines the relevance and proportionality of such a sanction through a juridical analysis of Decision No. 10/Pid.Sus-TPK/2018/Jkt.Pst. Using normative legal research methods and a case study approach, the study explores the legal basis, judicial reasoning, and implications of the court’s decision to revoke political rights. The analysis considers both national legal provisions, particularly Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001, and international human rights principles. Findings indicate that while the revocation aims to prevent corrupt individuals from re-entering political office, its application must meet criteria of necessity, proportionality, and legal certainty. The decision in this case reflects an effort to balance deterrence with the protection of constitutional rights. The study concludes that political rights revocation can be justified when applied in a targeted and reasoned manner, especially for public officials who have betrayed public trust.
Implikasi Hukum Pidana Terhadap Penyalahgunaan Dana Zakat Dalam Tindak Pidana Korupsi Subihat, Ihat; Abdurrachman, Hamidah; Malik Mufty, Abdul
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.v24i2.6141

Abstract

The misuse of zakat funds for criminal acts of corruption represents a significant challenge in Indonesia, a country with the largest Muslim population in the world. Zakat, as one of the pillars of Islam, plays a crucial role in wealth redistribution, poverty alleviation, and social justice. The research employs a normative juridical approach, utilizing library research and qualitative analysis to explore the legal framework, challenges in law enforcement, and the socio-economic impacts of zakat fund corruption.The findings reveal that misuse of zakat funds, through embezzlement, budget mark-ups, and program diversion, not only violates positive law but also contravenes Islamic sharia principles. The study highlights the detrimental effects of such corruption on public trust, social solidarity, and the economic empowerment of mustahik (zakat recipients). Furthermore, it underscores the long-term consequences, including increased poverty, social inequality, and hindered economic development.
Childfree in a Variety of Perspectives: Philosophical Perspectives, Islamic Family Law and Contemporary Social Life Rahmad Efendi; Zulpahmi Lubis; Mhd Nurhusein Daulay; Tri Eka Putra Muhtarivansyah Waruwu; Nurman Ritonga
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.v24i2.6144

Abstract

The childfree phenomenon has become a hot topic in contemporary society. This choice not only reflects the dynamics of modern lifestyles but also raises legal, social, and religious controversies. This research aims to analyze childfree law from various perspectives, namely legal philosophy, Islamic family law, sociology, and anthropology, as well as career and population aspects. A multidisciplinary approach is used to understand this phenomenon in its entirety and comprehensively. From the perspective of Islamic law, child freedom is considered contrary to maqashid al-shariah, especially in safeguarding offspring (hifzh al-nasl), which is one of the purposes of marriage. However, from the perspective of legal philosophy, such decisions can be justified through the principles of personal autonomy and freedom of choice. Meanwhile, sociological and anthropological perspectives view childfree as a reflection of changes in social structure, individualistic values, and the influence of modern economics and lifestyle. In addition, career factors and population density also influence these preferences, which indirectly impact demographics and development. This study shows the importance of a balanced approach between religious norms, individual freedom, and social responsibility in responding to the childfree phenomenon in the modern era.
A Civil Law Perspective on the Music Copyright Dispute: Agnez Mo vs. Ari Bias Ayni Suwarni; Ema Farida
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.v24i2.6148

Abstract

Copyright disputes in the music industry often arise due to unclear mechanisms for royalty payments. The case of Ari Bias vs. Agnez Mo, regarding the unauthorized use of the song "Bilang Saja" in a concert, sparked legal debate over royalty payment responsibilities. The Central Jakarta Commercial Court's ruling, which held Agnez Mo accountable, raised questions about civil law interpretations in copyright protection. This study uses a qualitative method with a normative juridical approach, examining Copyright Law No. 28 of 2014, collective management organization (LMK) regulations, and music industry contracts. The findings reveal that unclear royalty payment responsibilities, lack of transparency by LMKs, and weak legal awareness within the music industry are major causes of disputes. Furthermore, music contracts often fail to clearly define royalty obligations, creating legal loopholes. This study concludes that clearer regulations on royalty responsibilities in concerts, improved LMK transparency, and legal education for musicians and songwriters are essential. With stronger policy reforms, similar disputes can be reduced, and the copyright and royalty protection system in Indonesia can operate more effectively and fairly.
Land Registration in Indonesia: Between Policy and Legal Certainty Rahmat Ramadhani; Taufik Hidayat Lubis; Ummi Salamah Lubis; Ismail Koto; Rajarif Syah Akbar Simatupang
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.v24i2.6151

Abstract

Legal certainty of land is an absolute must to maintain the stability of land use in development and to realize legal certainty of land ownership for people who want to deal with the land. Legal certainty as intended in land registration will result in the granting of a land title certificate by the National Land Agency as an institution that organizes state administration to those entitled, and can be relied on by the owner of his property to act as a strong means of proof of a person's land rights. The procedure used to collect data in this study is documentation, namely the guidelines used in the form of notes or quotations, searches for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method which is carried out by presenting the material of legal events or legal products in detail to facilitate interpretation in the discussion. Article 1 paragraph (1) of PP No. 24 of 1997 states that Land Registration is a series of activities carried out by the government continuously, sustainably and regularly, including the collection, processing, opening and presentation as well as maintenance of physical data and legal data in the form of maps and lists regarding land plots and apartment units, including the provision of proof of rights for land plots that already have rights and ownership rights for apartment units with certain rights that burden them. There is an appeal from the government in the context of implementing land registration, namely that the community should not expect the land registration committee to come to survey community lands that have not been registered and then the lands are registered in order to guarantee legal certainty, but the community may on its own initiative gather people or residents whose land does not yet have a certificate and prepare letters or legal basis for ownership of the lands

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