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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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Legal Reformulation of Religious Court Divorce Decisions in Indonesia Due to Religious Conversion (Apostasy) Based on Unification and Principles of Islamic Law Formation Syaiful Annas; M. Fahmi Al-Amruzi; Gusti Muzainah
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.v24i2.6191

Abstract

Religious Courts as a manifestation of Islamic justice is reflected in its decisions that make Islamic law (fiqh) as a reference to its legal considerations. The difference in opinion of fiqh scholars regarding the application of divorce mechanisms due to the religious conversion of one of the parties, has implications for the birth of disparities in religious court decisions due to the absence of legal unification so as not to guarantee the realisation of justice, certainty and legal expediency in the decision. This research aims to explore and analyse the disparity in religious court decisions and to reformulate the law that is more appropriate in applying the divorce mechanism due to the religious conversion of one of the parties. This research is normative legal research, which is qualitative and uses a philosophical approach. The importance of legal unification so that there is no disparity in decisions will ensure the realisation of justice, certainty, and expediency, Moreover, religious court decisions as a manifestation of Islamic judicial decisions will become law for the community, therefore, it must also consider the principles in the formation of Islamic law
Exploring the Role of Restorative Justice in the Recovery of State Finances from Corruption Crimes Nurhayati Mardin; Lestari Wulandari S; Adiguna Kharismawan
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.v24i2.6194

Abstract

This article delves into the essence resonating with Indonesia's values, embodying a distinctive manifestation of retributive justice rooted in classical criminal law. Employing the juridical normative method, we explore the compatibility of the Restorative Justice program with Indonesian law and Pancasila principles, specifically addressing financial fraud. Positioned as a national policy, Restorative Justice posits that economic emulation requires holistic support, emphasizing the social impact of punishment as a deterrent and preventive measure. The implementation calls for a nuanced, humane approach outlined in the RKUHP's Ius Constituendum to effectively achieve its goals of prevention and intervention. This study proposes a compelling strategy, urging the public admission of guilt as a moral responsibility to counteract corruption's detrimental effects, aligning with the theme "Reviving State Finances: Exploring Restorative Justice for Combatting Corruption." By grounding the discussion in the Indonesian context, the article offers a valuable perspective for the international audience, capturing and comparing global issues while addressing the specific challenges faced by Indonesia.
Entrepreneurial Mindset as a Catalyst: Moderating the Relationship Between Proactive Personality and Innovation Eka DJ Ginting
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.v24i2.6201

Abstract

The goal of this research is to see the prediction of proactive personality on innovative behavior moderated by entrepreneurial mindset at creative industry in Medan, North Sumatra, Indonesia. The respondents selected in this study were 100 entrepreneurs in the creative industry sector. Then, for the research method, this research used quantitative method and the data were acquired by using proactive personality scale, entrepreneurial mindset scale, and innovative behavior scale. The analytical method used in this study is Partial Least Square (PLS), which is processed by using the SmartPls software. The findings of this study shows that proactive personality can significantly predict innovative behavior. However, the moderating role of entrepreneurial mindset is not significant. Therefore, entrepreneurial mindset is incapable to moderate between proactive personality and innovative behavior. This research fulfils an identified need to study how innovative behavior can be predicted by another factor, and by understanding the factor that is able to predict the innovative behaviour, will help entrepreneurs in the creative industry sector to maintain their business in any situation.
Harmony in The Family of Early Marriage Through Kawin Tangkap in The Islamic Community of Sapeken Islands Ofumenep Regency Perspective M. Qurais Shihab Moh. Faiq Rafiul Anshary, Ishaq, Ahmad Junaidi
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.v24i2.6203

Abstract

The practice of catch marriage which results in early marriage is still rampant in Indonesia, especially in remote areas such as the Sapeken Islands. This research aims to explore the problem as a new issue, with the title "Harmony in the Family of Early Marriage through Catch Marriage in the Islamic Community of Sapeken Islands, Sumenep Regency Perspective of M. Qurais Shihab". This research discusses three things, namely the factors that cause early marriage through catch marriage in the Sapeken Islands, the practice of its implementation, and the formation of family harmony in the marriage according to the views of M. Quraish Shihab. This research uses a qualitative approach to examine phenomena that occur naturally, with ethnographic methods. The research location is on Sapeken Island, Sumenep Regency, East Java, with the local Islamic community as the subject. Data were collected through observation, interviews and documentation, then analyzed through four stages: collection, reduction, presentation and conclusion. The findings of this study are, first, catch marriage in Sapeken Islands occurs as a response to violations of religious and social norms by young people, such as being alone in forbidden places or committing immoral acts. The main factor is the family's belief that early marriage can improve their good name and avoid stigma, plus the pressure of social and customary norms. Second, the practice of catch marriage begins with community suspicion, followed by the arrest of the man and the execution of the marriage contract by religious leaders to maintain order. Third, according to M. Quraish Shihab, marriage should be based on love and understanding, but sudden arranged marriages without careful preparation risk causing conflict and negative social and psychological impacts in the family.
Dynamics of Mabims Criteria in Preliminary Determination of Kamariyah: Maqasid Syariah Analysis of Accuracy and Istbat Session Decisions Frangky Suleman; Misbah Khusurur; Bashori Alwi; Muhajir
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.v24i2.6209

Abstract

MABIMS is a method and concept in determining the initial Kamariyah and producing a decision, the Isbat session held by the Ministry of Religion plays an important role in this process where this paper will analyze the determination with a focus on the accuracy and decisions taken from the Isbat session, through the Maqasid as-Shariah approach. This research explores how the MABIMS criteria can fulfill Sharia objectives in maintaining the benefit of the people. This analysis includes an evaluation of the hisab and rukyat used, as well as their implications for the unity of Muslims in the Southeast Asia Region. The results of this research show that even though there are differences in views, the maqasid as-syariah approach can be a basis for reaching more accurate and widely accepted decisions. The method used in analyzing legally a determination made by the state, this approach is used that the initial determination of kamariyah in Indonesia is a complex process involving various aspects of law and regulation. So from the study it can be concluded that the policy of the state leader is something that has been thought about for the benefit of many people with the principle of fiqh rules, namely: tassharuf al-imam ala arra'iyyah manuthu bil mashlahah.
Crime of Collective Violence in Ambon City: Criminological Study of Locus Delicti, Time Patterns and Social Motives Uar, Syah Awaluddin; Lonthor, Ahmad; Baranyanan, Soeleman Djaiz; Lestaluhu, Ridwan F.; Yanlua, Siti Zainab
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.v24i2.6212

Abstract

Collective violence remains a significant social issue in Ambon City, particularly over the past two years. The increasing intensity and spread of group violence incidents underscore the importance of spatial, temporal, and social analysis in understanding the emerging patterns. This study aims to identify the distribution patterns of locus delicti, temporal trends, and the underlying social motives behind collective violence in Ambon during 2023–2024. This research employed a descriptive qualitative method with data collected through field observations, informal interviews with community members and security personnel, as well as documentation from police reports and local media. The results indicate that collective violence incidents were concentrated in densely populated urban areas, public facilities, and nightlife zones. By 2024, the locus of violence began shifting to suburban and symbolic locations such as Merdeka Square. Temporally, most incidents occurred at night until early morning, coinciding with weakened social control. Contributing criminogenic factors include weak community social control, subcultural violence within village-based youth groups, neglected environments, and the contagion effect of crowds in public spaces. This study concludes that collective violence in Ambon City is driven not only by situational and individual factors but also by environmental conditions, crime opportunities, and collective norms that legitimize violent behavior. This study recommends intensifying nighttime patrols, initiating inter-community youth dialogues, and fostering community-based early warning systems to prevent the escalation of group violence in the future.
The Legal Aspects of the Hanging Marriage Practice: An Ethnographic Analysis Yahanan; Afiq Budiawan
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.v24i2.6213

Abstract

The tradition of hanging marriage in the Kampar community is part of a cultural heritage that is still preserved today. This tradition involves a series of traditional ceremonies that are full of meaning, ranging from the Khatam Al-Qur'an rituals, Barandam, night, to the marriage procession itself. Hanging marriage is not only seen as a form of prevention of pre-marital relations, but also as a symbol of spiritual and social readiness of the bride and groom before living a domestic life. In the perspective of Islamic law, this tradition does not conflict as long as it does not deviate from the Shari'a, although there are several aspects that need to be harmonized with the provisions of the National Marriage Law, especially related to the minimum age limit of marriage. This study aims to examine more in the meaning and cultural values ​​behind the tradition as well as the challenges faced in the context of children's modernization and protection
Juridical Study of the Supervisory Authority over the Implementation of Nagari Customs and Culture by Traditional Nagari Communities in West Sumatra Province Pebrihariati. R, Sanidjar; Desmal Fajri; Oksidelfa Yanto
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.v24i2.6217

Abstract

In Article 18B paragraph (2) of the Amendment to the 1945 Constitution, it is stated that "the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law." In 2018, West Sumatra Province established West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari. Problem formulation: 1) What are the consequences of the authority of the Nagari Traditional Council (KAN) after the enactment of West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari in West Sumatra Province? 2) What are the legal impacts of supervisory authority on the implementation of nagari customs and culture by the Nagari Traditional Council in West Sumatra Province? The type of research used is normative legal research, using secondary data sources consisting of Primary Legal Materials and Secondary Legal Materials, data collection techniques using document studies, the data is then analyzed using qualitative analysis. Research Results and discussion: 1) Based on the provisions in Article 5 of the West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari, the Nagari Institution consists of: a. Nagari Traditional Density; b. Nagari Government; and c. The Nagari Customary Court, one of the authorities of the Nagari Customary Court is: Supervising the Implementation of Nagari Customs and Culture. 2) In the provisions of Article 17 of West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari, it states that: The Governor carries out general guidance and supervision over Nagari in the administration of government based on Customary Law. Keywords: Supervision, Authority, Nagari Community.
Deconstructing Masculinity: K–Pop's Effect in Shaping a New Representation of Men Tengku Walisyah; Ahmad Tamrin Sikumbang; Erwan Efendi
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.v24i2.6220

Abstract

This study examines how K-Pop culture influences the construction and deconstruction of male masculinity in Indonesia in complex social, cultural, and religious contexts. Using a virtual ethnography approach and social media sentiment analysis, this study reveals that representations of masculinity in K-Pop culture—which are gentle, aesthetic, and androgynous—challenge traditional Indonesian masculinity norms that emphasize assertiveness, dominance, and emotional restraint. K-Pop idols as cosmetic brand ambassadors introduced a new form of masculine expression that was more inclusive, but triggered resistance from conservative Islamic norms and values. The novelty of this research lies in the integration of visual analysis, online discourse, and religious perspectives in explaining the negotiation of gender identity in the digital era. The findings show that masculinity is now a tug-of-war between global and local values. Social media serves as a cultural mediation arena where new masculine images can be negotiated, tested, and maintained. This study confirms that K-Pop is influential as an ideological agent in destabilizing and reformulating the boundaries of male identity in contemporary Indonesian society.
Life Imprisonment: Legal and Human Rights Perspectives in The Indonesian Criminal Justice System Istiqlal Assaad
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.v24i2.6221

Abstract

The death penalty in Indonesia, as governed by the new Penal Code (KUHP) under Law No. 1 of 2023, represents a significant shift from its previous application. Historically, the death penalty was considered the most severe punishment for serious crimes such as premeditated murder, terrorism, and drug trafficking. However, the revised KUHP reclassifies the death penalty as a special form of punishment with a probationary period of 10 years, during which the convict's behavior and potential for rehabilitation are assessed. If the offender demonstrates remorse and positive behavioral change, their sentence may be commuted to life imprisonment. This reform introduces a more restorative approach to justice while still retaining the death penalty as an option for the most serious crimes. The KUHP also includes provisions to protect vulnerable individuals, such as postponing executions for pregnant women and those with mental health conditions. From a human rights perspective, the death penalty raises significant concerns regarding the right to life and freedom from cruel and inhuman treatment. While proponents argue that it serves as a deterrent, human rights organizations emphasize the protection of fundamental freedoms. The new KUHP aims to strike a balance between justice, deterrence, and human rights, with the potential for a future moratorium on the death penalty in Indonesia

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