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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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The Effectiveness Of The Absentee Land Ban In Realizing Social Justice For Farmers Marwiyah, Marwiyah; Mulyani, Sri; Mulyanto, Rudi
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.v24i2.6100

Abstract

Land has a central role in the lives of the Indonesian people, especially in the agricultural sector. However, the practice of land ownership in absentee (guntai) is still a problem that is contrary to the principles of land reform in Indonesia. This study aims to analyze the effectiveness of regulations regarding the prohibition of absentee land ownership and its impact on smallholders. The research method used is normative legal research with a legislative approach and case studies in Banyuwangi Regency. The results of the study show that the ban on absentee land ownership has not been effective due to weak law enforcement, non-compliance with the times, and the practice of buying and selling land under the hands. The conclusion of this study emphasizes the need for stricter land redistribution policies and a transparent land administration system to prevent inequality in land ownership and improve the welfare of smallholders
Legal Responsibility of Land Deed Officials in Overcoming Abuse of Land Sale and Purchase Deeds Noor, Aslan; Nurfaridah; Purnama, Selly; Meliani, Indri
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.v24i1.6112

Abstract

The Deed of Sale and Purchase (AJB) is a critical element in land transactions in Indonesia, requiring legal validity to ensure the certainty of land ownership status. However, the misuse of AJB, including document forgery by the Land Deed Official, has led to legal disputes that harm various parties and undermine public trust in the land law system. This study aims to analyze the legal responsibility of The Land Deed Official in addressing the misuse of AJB by identifying obstacles in task execution and potential violations. The research method used is a qualitative approach with case studies of land disputes involving The Land Deed Official, as well as an analysis of relevant regulations related to the duties and supervision of The Land Deed Official. The study also aims to provide policy recommendations to enhance The Land Deed Official accountability and strengthen a more transparent and accountable land system. The Land Deed Official plays an essential role in ensuring the legality of land sale transactions in Indonesia by verifying related documents, such as land certificates and tax payment evidence, in accordance with applicable regulations. Misuse of the AJB by The Land Deed Official can undermine legal certainty, trigger land disputes, and hinder economic growth. To prevent this, stricter supervision, the application of technology for transparency, and strict enforcement of sanctions in the land system are required.
Pemenuhan Hak Masyarakat Adat Dalam Pengelolaan Sumber Daya Mineral Galian C Lucia Charlota Octovina Tahamata; Welly Angel Riry
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.v24i2.6115

Abstract

Sumber daya alam dibidang Pertambangan harus dikembangkan semaksimal mungkin untuk tercapainya pembangunan. Maka perlu ada survei yang terintegrasi dari para ahli agar dapat menimbulkan keuntungan bagi kesejateraan masyarakat adat, ramah lingkungan. Jenis penelitian yang penulis lakukan yaitu penelitian normatif. Tujuan penelitian adalah mengetahui dan menganalisa pemenuhan hak masyarakat adat dalam pengelolaan sumber daya mineral galian C. Hasil penelitian yang diperoleh adalah dalam peemnuhan hak masyarkat adat dalam pengeloaan sumber daya mineral galian C perlu adanya kerjasama yang terbangun antara masyarakt adat, perusahan dan pemerintah sehingga akan membawa dampak bagi kesejahteraan masyarakta adat dan juga terwujudnya prinsip pembangunan berkelanjutan dengan cara Good Mining practice Kata Kunci : Pemenuhan, Hak Masyarakat Adat, Pengelolaan Sumber Daya Mineral
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 Purba, Asnan; Syamlan, Yaser Taufik
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 Utomo, Robi; 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.

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