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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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Perbankan Syariah; Restrukturisasi Utang; Kepatuhan Syariah; Fikih Muamalah Syhabudin, Abu; Dedi, Dedi; Kurnia Rusmiyati; Jaelani, Alan
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.v24i2.6227

Abstract

This study aims to evaluate the effectiveness of debt restructuring in syariah banking by exploring three key perspectives i.e., institutional policy, customer perception, and Islamic legal scholarship. Using BJB Syariah Majalengka as a case study, the research investigates how the bank’s restructuring mechanisms align with Fatwa DSN-MUI No. 48/DSN-MUI/II/2005 and principles of Fiqh Muamalah. The study employs a qualitative approach, combining document analysis, in-depth interviews with bank officials and fiqh scholars, and structured questionnaires distributed to customers who have undergone restructuring. The findings reveal that BJB Syariah has implemented debt restructuring through rescheduling, restructuring, and reconditioning while maintaining the syariah-compliant framework. From the customers’ perspective, debt restructuring is perceived as a supportive solution during financial hardship, yet knowledge gaps about their rights and obligations persist. Meanwhile, fiqh scholars emphasize that the legitimacy of restructuring hinges on justice, transparency, and the avoidance of prohibited elements such as riba, gharar, and unjust enrichment (dzulm). This triangular perspective highlights the need for stronger integration between policy, customer literacy, and shariah oversight.
Spanning Interests of Regional Autonomy within the Axiom of 'Fiscality': A Brief Note on the Ideal Financial Relationship between Central and Regional Governments Ngesti Dwi Prasetyo
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.v24i2.6228

Abstract

The implementation of the Regional Autonomy policy is designed through the pattern and style of its implementation which changes according to the dynamics of the times. The implication is that there are ups and downs in the model of relations between the Center and the Regions within the framework of the Regional Government from time to time. This paper is a small note to see the ideal relationship between the Center and the Regions in the future, especially in terms of fiscal axioms. Through normative juridical research methods and several approaches, the results of this study can be described in 3 (three) points. First, the first stone for the founding fathers to choose the design of the Central-Regional relationship was the Proclamation. This is because there is a linearity between the meeting BPUPKI - Proklamasi - PPKI - UUD NRI 1945, with the Proclamation Text as the first formal form that there is an effort to find the ideal constitutional design in Indonesia, one of which is the accommodation of the phrase "Autonomy." Second, the implementation of the chosen relationship scheme leads to a form of Fiscal Decentralization which always experiences "Spanning Interest" and ends at a meeting point called "Conditio Sine Qua non." due to ecological and conditional factors. Third, the first and second conclusions lead to the ideal form of relationship between the Center and the Regions which is free as long as it overcomes the problem of fiscal disparities between regions and takes into account several legal bases including the legal basis of intergovernmental transfer system, Procedures for establishing and modifying intergovernmental transfers, Conditional and unconditional transfers, and Dispute resolution and adjudication.
Quality of Electronic Services at the Dinas Penanaman Modal Pelayanan Terpadu Satu Pintu of Palu City ramadan; Syahruddin Hattab; Nuraisyah; Rahmawati Halim
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.v24i2.6231

Abstract

The transformation of public services through digitization is part of bureaucratic reform efforts to improve efficiency, transparency, and public satisfaction. This research aims to examine the quality of electronic services at the Penanaman Modal dan Pelayanan Terpadu Satu Pintu Office of Palu City. This research uses a qualitative approach with a descriptive type. The informants of this research consisted of service users, Penanaman Modal dan Pelayanan Terpadu Satu Pintu Office employees, and other related parties who were selected purposively. Data collection techniques were conducted through direct observation, in-depth interviews, and documentation. Data analysis was carried out through the process of data collection, data condensation, data presentation, and conclusion drawing. The results showed that electronic services, in this case e-SIGA, have provided convenience in the licensing process, increased time efficiency, and expanded service access. However, there are still a number of obstacles such as network disruptions, lack of interactive communication, and not optimal user data security guarantees. Supporting factors include leadership commitment, digital system development, and the availability of flexible online services. This research emphasizes the importance of strengthening infrastructure, human resource training, and responsive system innovation to sustainably improve the quality of e-services in the public sector
Effectiveness of Ombudsman of the Republic of Indonesia Supervision in Public Services in Palu City Local Government Mohammad Iqbal Andi Magga; Daswati; Mohamad Irfan; Erdiyansyah
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.v24i2.6232

Abstract

The existence of the Ombudsman of the Republic of Indonesia as a public service supervisory institution has a strategic role in encouraging the creation of good service standards. The Ombudsman is mandated to receive public complaints, provide recommendations, and oversee the implementation of public services in accordance with laws and regulations. This research aims to examine and analyze the effectiveness of Ombudsman supervision in public services in Palu City Local Government. This research method uses a qualitative approach with the main data collection technique using in-depth interviews. This research data analysis technique uses an interaction model consisting of data collection, data condensation, data presentation, and conclusion drawing. The results showed that supervision conducted by the Ombudsman played an important role in improving the quality of public services in Palu City, especially in the education and health sectors. The recommendations provided encourage compliance with service standards, although it still faces challenges such as limited resources and low community participation. The effectiveness of supervision can be improved through the use of technology, strengthening coordination with local governments, and a more responsive online complaint system. In addition, positive changes in apparatus behavior can be seen from increased transparency, accountability and professionalism in public services. With a more structured strategy, Ombudsman supervision can continue to encourage higher quality services that are oriented towards the interests of the community
Collaborative Governance in Improving the Quality of Digital Population Identity Services in Central Mamuju Regency Hasanuddin; Daswati; M. Nur Alamsyah; Ani Susanti
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.v24i2.6233

Abstract

This research aims examine the application of collaborative governance in improving the quality of digital identity services in Central Mamuju Regency. This research focuses on collaboration which is designed using a qualitative approach. The informants of this research consisted of internal and external parties of the Population and Civil Registration Office of Mamuju Tengah Regency which were determined purposively. External parties are partners of the agency in implementing digital identity in Central Mamuju Regency. Data collection techniques include observation, in-depth interviews, and documentation, while the data analysis of this research uses an interactive approach which includes data collection, data condensation, data presentation, and conclusion drawing. The results showed that inter-stakeholder collaboration is still at a very early stage and has not been effective in driving significant implementation achievements. The realization of the Digital Population Identity program, which only reached 2% of the target, indicates a weak integration between unsupportive initial conditions, poorly structured institutional design, un-transformative leadership, and the lack of participatory and inclusive collaborative processes. This finding reinforces the assumption in collaborative governance theory that the success of a public program, especially one that is cross-sectoral and based on digital technology, is largely determined by structural readiness, clarity of institutional roles, and the presence of leadership that is able to mobilize synergies and create a shared deliberative space
Reconstruction of the Kribligation Code on Judges' Forgiveness (Rechterlijk Pardon) in the New Criminal Code herman sujarwo herman
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.v24i2.6239

Abstract

This study examines the reconstruction of the Criminal Procedure Code concerning judicial pardon (rechterlijk pardon) in the new Criminal Code, with the objective of understanding the concept of judicial forgiveness as outlined in Constitution Number 1 of 2023. It aims to analyse the types of decisions in accordance with Article 191 of the Criminal Procedure Code. persuasive manner in court. The judge's pardon is governed by Article 52, paragraph 2 of Law Number 1 of 2023. However, if legal imposition employs procedural law under the Criminal Procedure Code, there exists a legal void, as the Criminal Procedure Code only addresses three types of decisions: acquittal, dismissal of all legal claims, and criminal conviction. The Criminal Procedure Code necessitates reconstruction for the specified decision types. Utilises research This is a consideration regarding the Constitution, particularly the present.
A Regulatory and Implementative Study on Women's Rights, Lactation Spaces, and the Role of State Responsibility Meti Sulastri; Dey Ravena; Sri Ratna Suminar; Neni Ruhaeni
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.v24i2.6240

Abstract

This study aims to examine and analyze the existence of lactation rooms as a form of legal protection for female workers from the perspective of labor law and health law in Indonesia. Descriptive-analytical method is used in this research, with a juridical-normative approach and qualitative research data. Primary, secondary, and tertiary data are obtained from relevant regulations and literature. The results of this study indicate that the provision of lactation rooms is regulated in Law No. 13 of 2003 on Employment, Law No. 17 of 2023 on Health, and Government Regulation No. 33 of 2012 on Exclusive Breastfeeding and its derivative regulations, the legal provision of lactation rooms remains limited and lacks comprehensive scope. This leads to the absence of adequate facilities in many workplaces, contributing to the low success rate of exclusive breastfeeding among employed mothers. Meanwhile, countries such as Sweden and Singapore, despite lacking explicit regulations mandating lactation rooms, have implemented successful workplace lactation policies through broader worker welfare frameworks. The barriers to implementation in Indonesia include unsupportive organizational culture, insufficient budget allocation, and weak government oversight. This study recommends explicit regulatory reform, widespread policy dissemination, and multi-stakeholder collaboration to strengthen the protection of female workers’ health rights.
Students, Entrepreneurship and Empowerment: A Case Study Humane Entrepreneurship Strategy at Bahrul Maghfiroh Islamic Boarding School, Malang City Sopiyatun; A. Muhtadi Ridwan; Aunur Rofiq
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.v24i2.6243

Abstract

This study explores the intersection of students, entrepreneurship, and empowerment through a case study of the humane entrepreneurship strategy implemented at Bahrul Maghfiroh Islamic Boarding School in Malang City. In response to the increasing need for economic independence and the cultivation of entrepreneurial spirit among students, Bahrul Maghfiroh has developed a unique approach that integrates ethical business practices with educational goals. This research employs a qualitative case study method, gathering data through interviews, observations, and documentation analysis. Findings reveal that the boarding school adopts a humane entrepreneurship model characterized by prioritizing student welfare, ethical management, and community engagement, while fostering practical entrepreneurial skills. Through various business units and training programs, students are not only educated in Islamic knowledge but are also equipped with real-world business competencies, contributing to their personal development and future economic resilience. This study highlights how humane entrepreneurship can serve as a powerful tool for student empowerment in Islamic educational institutions, offering a sustainable model for other boarding schools seeking to combine education, character-building, and economic independence.
Responsibility of Producers and Distributors for Losses Suffered by Consumers (Study at PT Semen Indonesia Distributor) Lusiana Apriliyanti; Ubaidillah Kamal
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.v24i2.6244

Abstract

The responsibility of business actors for product defects is an essential aspect of consumer protection. However, in practice, there remains an imbalance in the distribution of liability for product damage between producers and distributors. This study examines the liability for damages resulting from defective building materials experienced by consumers of PT Semen Indonesia Distributor (PT SID). The research addresses two main questions: (1) How is the legal relationship structured among producers, distributors, and consumers in product liability cases? (2) What are the responsibilities of producers and distributors for losses suffered by consumers? The study uses an empirical juridical method with a qualitative approach. Data is obtained through interviews with consumers and related parties of PT SID, observation of the product damage claim mechanism, literature study and document study related to PT SID's agreement. The findings reveal that the legal relationship among producers, distributors, and consumers arises from sales transactions and is bound by either written or verbal agreements. However, these agreements lack explicit provisions regarding liability for product defects. The responsibility for the losses suffered by consumers of PT SID is entirely borne by the distributor, without involving the producer. Compensation is provided based on the fault liability principle, which requires proof of fault and weakens the consumer's position. Therefore, it is necessary to strengthen regulations and contractual clauses that clearly define the distribution of liability between producers and distributors. The application of strict liability principle in defective product cases is recommended to ensure fairer legal protection for consumers
Reconstruction of the Law on Compensation for the Remaining Land Acquisition of Government-Owned Projects in the Perspective of Islamic Law and National Law Muhammad Rizki Azhari; Akhmad Fauzi Aseri; Muhaimin
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.v24i2.6245

Abstract

Development carried out by the government certainly cannot be separated from the land acquisition process. Legally, land acquisition for development in the public interest is regulated in Law Number 2 of 2012. The government as a policy maker is responsible for the birth of a regulation by looking at it from the perspective of the value of maslahah for the community, especially land owners. Compensation for land acquisition for public interest is one example of a case that can be resolved with this concept, because it is related to worldly matters (muamalah) and social problems. The law in the Qur'an and As - Sunnah teaches to create peace in life with the methods that have been given. The problems raised specifically include what are the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land in national law, how is the review of Islamic law related to the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land and how is the reconstruction of the law regarding the period of compensation for the remaining land areas affected by the acquisition of government-owned project land from the perspective of Islamic law and national law. The method used in this study is normative legal research through literature studies using a statutory approach ( Statute Approach ), conceptual, case study and comparison. Therefore, in order to obtain legal certainty and achieve a sense of justice, it is necessary to reconstruct several legal provisions regarding the time period for providing compensation for remaining land areas affected by land acquisition for public interest.

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