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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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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 Ramadhani, Rahmat; Lubis, Taufik Hidayat; Lubis, Ummi Salamah; Koto, Ismail; Simatupang, Rajarif Syah Akbar
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
Wali Muhakkam for Muallaf in Muslim Minority Areas: A Juridical Analysis of the Determination of Itsbat Nikah by Religious Courts Mirwan, Mirwan; Firdaus, Firdaus; bahar, Muchlis
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.v24i2.6160

Abstract

An analysis of marriage validation (itsbat nikah) decisions by religious courts concerning the appointment of wali muhakkam for female converts (muallaf) in Muslim minority regions reveals that the process involves complex legal, social, and cultural considerations. These rulings not only focus on the formal legality of the marriage but also take into account the long-term implications for children born of the union and the alignment with the prevailing national legal system. This study aims to describe and analyze judges’ considerations regarding legal facts in the marriage of female converts using wali muhakkam, to explore the legal construction applied by judges in legitimizing the use of wali muhakkam, and to examine the arguments formulated by judges in validating such marriages. This research is categorized as a library study employing a normative juridical method with a statutory approach. Data sources are derived from established legal theories and documented judicial practices. The findings indicate that judges formulate legal arguments based on both Islamic legal principles and national law to validate the marriage of female converts conducted with a wali muhakkam. These rulings reflect the harmonization of religious values and state law, thereby ensuring justice, welfare, and legal certainty for all involved parties.
Management and Utilization of Nusa Penida Island by Foreign Nationals in Relation to Licensing Regulations in Indonesia rosidah, zaidah nur; Liza Priandhini
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.v24i1.6162

Abstract

This paper examines the management and utilization of small islands in Indonesia, specifically Nusa Penida, by foreign nationals(WNA) in relation to the prevailing legal regulations on land and investment permits. Indonesia, being an archipelagic nation, ishome to numerous islands that attract both local and foreign investors, especially in tourism. The legal framework governingforeign investment in small islands, including the necessary permits, is explored, with particular focus on the requirements set out inthe Indonesian legal system, such as the UUPA (Agrarian Law), the Management of Coastal Areas and Small Islands (PWP3K Law), andvarious ministerial regulations. The paper addresses how foreign nationals engage in island management in Nusa Penida,particularly in tourism-related ventures like hotels, resorts, and recreational activities such as diving and snorkeling. It evaluates theimpact of such foreign investments on the local community, highlighting both positive and negative aspects. One significant issuediscussed is the long-term land leasing agreements between foreign nationals and Indonesian landowners, which may potentiallylead to unintended ownership transfers andlegal disputes, as well as challenges in ensuring compliance with Indonesian land laws.The study also delves into the regulatory gaps in the implementation of these laws, particularly the lack of clear procedural guidelines for foreign investment in small islands. Furthermore, it calls for stricter enforcement and monitoring of land use and property transactions to prevent the unregulated acquisition of land by foreign nationals and to protect the national interest.Finally, the paper offers recommendations for improving legal oversight, such as ensuring proper registration of land transactions,enhancing the role of notaries and land officials in verifying the legality of land agreements, and ensuring that foreign investments arealigned with Indonesia's economic and environmental goals. The findings suggest that while foreign involvement in small islandmanagement can contribute to the local economy, stringent legal frameworks and thorough monitoring are essential to safeguardthe nation's sovereignty over its natural resources.
The Implementation of the Res Judicata Pro Veritate Habetur Principle to the Investigation of Money Laundering Suriadiata, Irpan
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.v24i2.6170

Abstract

This study aims to determine the position of court rulings on predicate crimes under the principle of Res Judicata Pro Veritate Habetur in money laundering cases, along with the legal rationale utilized by judges in adjudicating TPPU cases involving predicate crimes as specified in Article 127 paragraph (1) of the Narcotics Law. This study utilizes a normative-empirical approach through a case study method. This research is supported by the review of case files, the observation of trial proceedings, and the analysis of literature from various criminal law sources and relevant statutes and regulations. The utilized data analysis method is judicial-normative. The findings of this study reveal a violation of the principle of Res Judicata Pro Veritate Habetur in the evaluation of money laundering offenses, as demonstrated by the Mataram District Court Decision No. 516/Pid.Sus/2022/PN.Mtr, alongside the NTB High Court Decision No. 23/PID.Sus. 2023/PT.MTR, and the MARI Decision No. 4075 K/PID.Sus/2023, which neglected to account for the legally binding narcotics criminal ruling that serves as the predicate crime for the money laundering allegation. Both panels of judges committed errors in their legal reasoning by inadequately and incompletely assessing the predicate crime of narcotics offenses under Article 127, paragraph 1 of the Narcotics Law, concerning the evidence of 0.17 grams in relation to the sentencing and confiscation of the defendant's assets.
IMPLIKASI PUTUSAN MK NOMOR 168 TAHUN 2023 TENTANG PERLINDUNGAN HAK-HAK BURUH PADA UU CIPTAKER TERKAIT PELAKSANAAN UPAH MINIMUMDI KABUPATEN KARAWANG Abas, Muhamad; Yunior Sanu, Primawan; Rahmatiar, Yuniar
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.v24i1.6171

Abstract

The protection of workers' rights, particularly concerning minimum wage (UM), has become a central issue in the evolving landscape of Indonesian labor law. This study is motivated by the elimination of sectoral minimum wages through Government Regulation No. 36/2021 and the enactment of the Omnibus Law (UU Ciptaker), which sparked widespread controversy, especially regarding the protection of workers' rights and the transparency of the legislative process. Grounded in the theories of the rule of law, human rights protection, and the principles of good governance, this research employs normative legal methods using a statute approach and literature study. Data collection was conducted through the examination of primary legal materials such as laws and Constitutional Court decisions, as well as secondary legal sources including academic journals, legal books, and relevant scholarly articles. The data was analyzed qualitatively using a descriptive-analytical technique to interpret the legal implications of Constitutional Court Decision No. 168/PUU-XXI/2023. The findings reveal a misalignment between the objectives of the Omnibus Law and the implementation of workers' rights protections. Meanwhile, the Constitutional Court's decision offers a new perspective on the limitations of legislative authority, encouraging the separation of labor regulations from the Omnibus Law, and reinforcing constitutional guarantees for workers' rights. This decision has had a significant impact on wage policy, particularly in Karawang Regency, where the determination of minimum wage must now adhere to the principles of social justice, transparency, and respect for fundamental workers' rights, as subsequently implemented through the issuance of Minister of Manpower Regulation No. 16/2024 on the Determination of Minimum Wage for 2025. Overall, the Constitutional Court's decision strengthens the legal structure of Indonesian labor law, underscores the importance of the rule of law in protecting workers' rights, and marks a pivotal moment in the reform of labor regulations in line with social justice and human rights values.
THE ROLE OF APPRENTICESHIP JOB TRAINING INSTITUTIONS IN THE COUNTRY ACCORDING TO PERMENAKER NO. 6 OF 2020 IN KARAWANG REGENCY Abas, Muhamad; Taofik Rohman, Paisal; Rahmatiar, Yuniar
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.v24i2.6173

Abstract

Amid the rapidly evolving economic landscape, challenges in the labor market are becoming increasingly apparent. One major issue faced by many graduates of vocational high schools (SLTA/SMK) and universities is the difficulty in obtaining employment that aligns with their skills and expectations. This study aims to examine the role of Job Training Institutes (LPK) in implementing domestic internship programs in accordance with Minister of Manpower Regulation No. 6 of 2020, with a focus on Karawang Regency. Internships are viewed as a strategic solution to enhance workforce competence and competitiveness while simultaneously reducing unemployment rates. This research employs a qualitative approach designed to understand phenomena within their social context, emphasizing in-depth interaction and communication between the researcher and the subjects studied. The method is structured to collect, analyze, and interpret qualitative data. The findings indicate that internship programs contribute significantly to improving participants' skills, expanding professional networks, and creating employment opportunities. However, implementation challenges remain, including limited human resources, weak regulatory oversight, and the prevalence of illegal brokerage practices. Therefore, strong collaboration among the government, training institutions, and industry stakeholders is essential to building a sustainable and regulation-compliant internship ecosystem.
Legal Certainty Regarding The Implementation Of The Regulation Of The Indonesian National Police Number 8 Of 2021 Concerning The Handling Of Criminal Acts Based On Restorative Justice In Settlement Sri Sulistyawati; Iwan Setyawan; Mangaraja Manurung
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.v24i2.6177

Abstract

This research aims to analyze the implementation of the restorative justice concept within the law enforcement system by the Indonesian National Police as regulated in Law Number 2 of 2002, the Chief of Police Circular Letter No. SE/8/VII/2018, and Police Regulation No. 8 of 2021. Restorative justice is a criminal case resolution approach that emphasizes restoring the condition of victims, offenders, and the community without undergoing formal judicial processes. However, in practice, inconsistencies often occur, particularly in petty theft cases, where some are resolved through restorative justice while others are processed through formal legal proceedings. This research adopts a normative juridical method supported by an empirical juridical approach and has both prescriptive and descriptive-analytical characteristics. Obstacles identified in the implementation include investigators' lack of understanding of restorative justice, a legalistic work culture among investigators, and limited public acceptance of out-of-court case resolutions. Additionally, Police Regulation No. 8 of 2021 does not specify the threshold of financial loss or consider the offender's motive, leading to varying interpretations. Therefore, regulatory reform, enhanced investigator capacity, and legal education for the public are necessary to ensure a more just and consistent application of restorative justice.
Harmonization of Customary Law and Environmental Regulations Study of Customary Rights in the Liku Keruga Tradition in Sabu Raijua Regency Ernesta Arita Ari, Yoseph Djara Hae
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.v24i2.6180

Abstract

The Liku Keruga tradition in Wadumaddi Village is part of customary law that has been passed down from generation to generation and plays a role in the management of marine resources, especially in the collection of coral reefs for the manufacture of whiting. This tradition is not just an economic activity, but also reflects the cultural identity of the local community. Indigenous communities apply strict rules regarding the time, amount, and parties allowed to take, so that resource utilization remains controlled and not excessive. However, national regulations prohibiting the exploitation of coral reefs raise the potential for conflict with long-established customary law. This research aims to analyze the existence of customary rights in the Liku Keruga tradition and its implications for the national legal system. Using juridical-normative and socio-legal approaches, this research explores the extent to which customary law can still play a role in the management of marine natural resources amid increasingly stringent environmental regulations. The results show that although customary law has a mechanism for sustainable management, its recognition in national regulations is still limited. Therefore, harmonization measures are needed through regional policies that can accommodate the practice of Liku Keruga without neglecting the protection of marine ecosystems.

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