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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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The Authority of A Notary to Legalise Letters Under Hand from The Perspective of Islamic Law and National Law Rini Widiastuty; Arifuddin Muda Harahap; Mhd.Yadi Harahap; Ansari; M.Amar Adly
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.v24i2.6247

Abstract

A notary as a professional in the legal field who has the duty and authority to make a Private Letter - a Private Letter that can be used as evidence of a person's property status, rights, and obligations. As a noble official, a notary is required to comply with the provisions contained in the Notary Law. One of the duties of a notary is to legalize, namely the ratification of private letters. Legalization is carried out by a notary to ensure the certainty of the date of the Private Letter in question. The notary is also responsible for the identity, contents of the Private Letter , signature, and date on the letter/ Private Letter . This research is a qualitative legal research. In conclusion, the role of a notary is very important in the agreement of the parties through legalization. The notary is responsible for ensuring the validity of the documents used in the agreement process of the parties , as well as assisting in the process of signing and ratifying the necessary documents. With the role of a notary, the agreement process of the parties can run smoothly and in accordance with applicable regulations.
Digital Optimization In Improving Credibility Sharia Financing Institution Ahmad Fauzi; Muhtadin 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.v24i1.6250

Abstract

This study aims to examine and explore the optimization of digitalization of financing institutions , where the development of digitalization optimization in transforming the financial sector and its impact, sharia compliance, and financial inclusion. Likewise , this research considers digital optimization​ in increasing credibility financing institutions . As a recommendation for further researchers to study more deeply the aspects that have not been reached, in the development of a sustainable digital economy . or an interdisciplinary approach to enrich the perspective on the topic discussed . The research method uses literature analysis, by looking at the current conditions related to digital economic transformation innovation , challenges and regulations, and its opportunities . The results of the study revealed that digitalization has great potential to accelerate access to Islamic finance for previously underserved communities. However, complex regulatory challenges and inadequate consumer education remain obstacles . Digital economic transformation services have provided easier and more affordable access for individuals and small and medium enterprises to use Islamic financial products and services. In addition, there needs to be cooperation between regulators, industry, and Islamic financial institutions to create a conducive environment for the growth of the Islamic economy . Therefore, the Islamic economy can continue to play its vital role in strengthening the Islamic financial sector and supporting broader finance .
Legal Protection of The Executory Rights of Separatist Creditors as Holders of Material Guarantees in Credit Agreements in The State of Bankruptcy Debtors Inggrid Kusuma Dewi; Muhammad Arifin; Ida Nadirah
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.v24i2.6253

Abstract

This study examines the legal protection of the executorial rights of separatist creditors as holders of security rights in credit agreements when the debtor is declared bankrupt. As separatist creditors possess preferential rights over certain collateral objects, the implementation of their executorial rights often faces legal and procedural challenges in bankruptcy proceedings. The research analyzes the legal framework provided by Indonesian bankruptcy law, particularly concerning the position and priority rights of secured creditors. It also evaluates judicial practices and obstacles encountered during the execution of collateral. The findings highlight the importance of strengthening legal certainty and protection for secured creditors to ensure the fair enforcement of their rights without undermining the principles of bankruptcy distribution and debtor rehabilitation. Recommendations are proposed to harmonize the execution process with creditor protection mechanisms in insolvency law.
Legal Policy in Regional Tax Collection and Regional Levy in North Sumatra Province Rahmat Rahmat
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.v24i2.6254

Abstract

This study analyzes the legal policies governing regional tax collection and levies in North Sumatra Province. It focuses on the regulatory framework, the effectiveness of legal instruments, and the implementation practices by local government authorities. The research highlights the challenges faced in optimizing local revenue through taxes and levies, such as inconsistent regulations, limited administrative capacity, and issues of transparency and compliance. By examining both statutory provisions and their practical enforcement, this paper aims to provide recommendations for improving the legal system to support better fiscal autonomy and accountability in regional governance. The findings underscore the need for harmonization of local regulations with national standards and the strengthening of institutional mechanisms to ensure efficient and just tax collection practices.
Human Rights Protection In The Distribution Of Humanitarian Aid To War Refugees adjeng kristinawati; Nandang Sambas; 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.v24i2.6255

Abstract

The war in Syria has caused a major humanitarian crisis, causing millions of civilians to flee to various countries, especially in the Middle East. This condition demands a fast, equitable, and effective distribution of humanitarian aid. In the distribution process, the protection of human rights (HAM) is crucial so that all refugees gain access to aid fairly and without discrimination. This study aims to analyze the implementation of human rights protection in the distribution of humanitarian aid for Syrian refugees and identify the challenges faced. The method used is a normative and empirical legal approach with a case study in Jordan, a country with many Syrian refugees, and a strategic point for the distribution of international aid. Data were obtained from an analysis of global and national refugee law and the results of interviews and observations in the field. The findings show that although there are international legal instruments such as the 1949 Geneva Convention, Additional Protocols, and the UN Charter, their implementation in the field is still weak. Discrimination in access to aid, lack of transparency, and exploitation of vulnerable groups such as women and children were found. In addition, dependence on international organizations and weak coordination between humanitarian actors hamper distribution effectiveness. Strengthening monitoring mechanisms, increased coordination, and human rights-based policies are needed to make aid distribution more inclusive and equitable.
Enforcement of Criminal Sanctions for Corruptors with Certainty and Legal Justice sitihumulhaer; Annie Myranika
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.v24i2.6258

Abstract

Corruption is an extraordinary crime because of its broad impact on the social, political, and economic life of a country. In the context of a state of law, the enforcement of criminal sanctions against perpetrators of corruption must be based on the principles of legal certainty and justice. However, in practice, various problems are still found, such as disparity in sentencing, inconsistent sentencing, and weak deterrent effects. This study aims to examine how the implementation of criminal sanctions enforcement against corruptors can reflect legal certainty and justice in Indonesia. The method used is a normative legal approach with an analysis of laws and regulations, court decisions, and relevant case studies. The results of the study show that even though an adequate legal framework is available, the enforcement of criminal sanctions still faces obstacles in terms of the independence of law enforcement agencies, varying interpretations of the law, and the influence of certain interests in the judicial process. Therefore, a more consistent and transparent reform of the criminal justice system is needed, as well as strengthening coordination between law enforcement officers in order to realize law enforcement that is not only certain, but also fair for all parties. Keywords: Corruption, Criminal Sanctions, Legal Certainty, Legal Justice, Law Enforcement.
Handling of Land Plots That Violate Protected Rice Fields: The Urgency of Law Enforcement and Food Security Protection Alhakim, Zidan Luqman; Ramli, Asmarani
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.v24i1.6264

Abstract

Soil plays a crucial role in human life and the ecosystem, serving as a source of food, shelter, and regional regulation in Indonesia. Land use is governed by agrarian law, including the regulation of protected agricultural areas. However, violations related to the conversion of protected rice fields pose a significant threat to national food security. This study examines cases of land conversion in Semarang Regency, where land designated for protected rice fields has been misused for residential or commercial purposes, violating government regulations. The aim of this research is to analyze the legal implications of such violations and to provide policy recommendations to the National Land Agency. This research uses the empirical juridical method with a descriptive analytical approach. The results indicate that the conversion of protected rice fields has a detrimental impact on food security, reduces agricultural land, and affects farmers’ welfare. The study emphasizes the need for stronger legal enforcement and effective policy implementation by the National Land Agency to address land conversion issues. This research contributes to the efforts of land protection and the enforcement of agrarian law in Indonesia.
The Legal Entity Form of the Investment Management Body of Daya Anagata Nusantara (DANANTARA) Amelia Sri Kusuma Dewi.
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.v24i2.6268

Abstract

The enactment of Law No. 1 of 2025 on the Third Amendment to Law No. 19 of 2003 on State-Owned Enterprises serves as the regulatory foundation for the establishment of the Investment Management Body of Daya Anagata Nusantara. However, it still leaves crucial legal issues unresolved, particularly concerning the legal entity form of the Investment Management Body of Daya Anagata Nusantara. The implementing regulations of this law, specifically Government Regulation No. 10 of 2025 on the Organization and Governance of the Investment Management Body of Daya Anagata Nusantara, and Presidential Decree No. 30 of 2025 on the Appointment of the Supervisory Board and the Executive Body of Danantara, have yet to provide a clear resolution on this matter. In addition to the normative gap regarding the regulation of the legal entity form of the Investment Management Body, the regulations also exhibit ambiguity in the use of the term "Body" and inconsistencies in the legal provisions related to the Investment Management Body of Daya Anagata Nusantara, thus failing to achieve legal certainty.
Juridical Review of Marriage Registration Services Using Marriage Management Information System (SIMKAH) In Makassar (Case Study of Manggala District Religious Affairs Office) Yusril Budiman; Andi Sukmawati Assaad; Anita Marwing
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.v24i2.6269

Abstract

This study aims to find out how the juridical review of marriage registration services using simkah at the Office of Religious Affairs of Manggala District, Makassar City, The type of research used is qualitative, which is a form of research that aims to provide an overview of various types of data collected from the field objectively with a descriptive research type. The data collection techniques used were observation, interviews with a number of informants and documentation. The results of this research are in the background of the presence of an innovation in marriage registration services using the Marriage Management Information System or Simkah at the Manggala District Religious Affairs Office, this Simkah is a policy program issued by the government in an effort to facilitate the process of presenting marriage data in all KUA Districts in Indonesia, this Simkah has been integrated with Dukcapil, so that recording errors can be minimized, the implementation of the policy has been implemented and can be accepted by the community. However, there are several obstacles, especially the readiness of KUA human resources in Manggala District, Makassar City. In some cases, it was found that there were difficulties when using this application, the only difficulty in importing marriage data.
Science of Delivery: An Agricultural Development Approach Oktavianus Mbaku Muku; Djuara P. Lubis; Rilus A. Kinseng; Hermanu Triwidodo
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.v24i2.6270

Abstract

Agricultural development in many developing countries continues to face multifaceted challenges, particularly in the effectiveness of delivering innovations to farmers and in bridging the gap between local knowledge and research-based scientific understanding. Often, top-down approaches overlook the rich, contextual wisdom embedded within local farming communities, resulting in innovations that are either poorly adopted or unsustainable in the long term. This study explores how the integration of local knowledge with formal scientific research can be achieved through effective delivery and sharing systems. Adopting a constructivist paradigm, the research employed a qualitative case study approach, drawing on data collected from in-depth interviews, focus group discussions, direct observations, and document analysis. Key informants included experienced farmers, community leaders, agricultural extension workers, and local government staff. The analysis was conducted using NVivo 12 Plus software to identify meaningful patterns and themes. The results suggest that when scientific innovations are co-developed with input from local knowledge, they are not only more relevant and adaptable but also culturally accepted—what this study refers to as "culturally rooted innovations." Such integration not only helps safeguard agroecological systems but also builds mutual understanding and trust among stakeholders. This study highlights the importance of participatory knowledge-sharing models and localized delivery systems as essential components in designing more sustainable and inclusive agricultural development strategies.

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