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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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LEGAL REVIEW OF FOREST CONVERSION FOR PALM OIL PLANTATIONS IN THE INTERESTS OF RENEWABLE ENERGY Evy Harjono
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.v24i2.6182

Abstract

Abstract Forest conversion for oil palm plantations is a complex issue in Indonesia. This sector contributes significantly to the national economy through exports and job creation, but on the other hand causes negative impacts such as deforestation, loss of biodiversity, and agrarian conflicts involving indigenous peoples and small farmers. The government has established various regulations, including Law No. 41 of 1999 concerning Forestry, Law No. 32 of 2009 concerning Environmental Protection and Management, and Law No. 39 of 2014 concerning Plantations to control forest conversion. Unfortunately, the implementation of this policy still faces challenges, especially in terms of law enforcement and licensing transparency. This study uses a normative juridical method by analyzing national regulations and international policies such as the 2015 Paris Agreement and the Convention on Biological Diversity (CBD). The results of the study show that weak supervision, corruption in licensing, and minimal coordination between agencies are the main obstacles in managing forest conversion. Therefore, a stricter strategy is needed in monitoring licensing, increasing transparency in land management, and implementing stricter sanctions for violators of regulations. In addition, sustainability standards such as the Roundtable on Sustainable Palm Oil (RSPO) and Indonesian Sustainable Palm Oil (ISPO) need to be strengthened to ensure that the palm oil industry can develop without damaging the environment. With these steps, it is hoped that the management of natural resources in Indonesia can be more balanced between economic, social, and ecological interests.
Shift of Criminal Liability in Unauthorized Oil Mining Offenses Towards Realizing The Welfare of The People Sahuri Lasmadi; Elly Sudarti; Nys Arfa; Pahlefi
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.v24i2.6185

Abstract

This research has the purpose to: This research is motivated by the absence of a supervision system for oil mining permits and the occurrence of norm shifts in criminal sentencing for unauthorized oil mining offenses, resulting in a lack of clarity in procedures and processes regarding the imposition of criminal sanctions. The issues in this research are as follows: (1) How is the Concept of Criminal Liability in Unauthorized Oil Mining Offenses Framed to Achieve the Welfare of the People? (2) Can the Shift in Norms Regarding the Concept of Criminal Liability in Unauthorized Oil Mining Offenses Contribute to the Welfare of the People? Research Methodology: (1) Normative juridical research type. Analysis of Legal Materials: The obtained legal materials are inventoried and subsequently analyzed qualitatively, providing descriptions of results that prioritize the quality of legal materials. The method of legal material analysis employed is systematic interpretation. Drawing conclusions from the analysis results is conducted using the deductive method, which involves inferring research outcomes from general principles to specific instances. The intended results include discovering a formulation regarding a supervision system for oil mining permits and elaborating on the concept of shifting criminal liability in imposing penalties for unauthorized oil mining offenses, resulting in the lack of clarity regarding procedures and processes for imposing criminal sanctions. This research has the purpose to: This research is motivated by the absence of a supervision system for oil mining permits and the occurrence of norm shifts in criminal sentencing for unauthorized oil mining offenses, resulting in a lack of clarity in procedures and processes regarding the imposition of criminal sanctions. The issues in this research are as follows: (1) How is the Concept of Criminal Liability in Unauthorized Oil Mining Offenses Framed to Achieve the Welfare of the People? (2) Can the Shift in Norms Regarding the Concept of Criminal Liability in Unauthorized Oil Mining Offenses Contribute to the Welfare of the People? Research Methodology: (1) Normative juridical research type. Analysis of Legal Materials: The obtained legal materials are inventoried and subsequently analyzed qualitatively, providing descriptions of results that prioritize the quality of legal materials. The method of legal material analysis employed is systematic interpretation. Drawing conclusions from the analysis results is conducted using the deductive method, which involves inferring research outcomes from general principles to specific instances. The intended results include discovering a formulation regarding a supervision system for oil mining permits and elaborating on the concept of shifting criminal liability in imposing penalties for unauthorized oil mining offenses, resulting in the lack of clarity regarding procedures and processes for imposing criminal sanctions.
The Ambiguity of The President's Position As Head of State And Head of Government Asri Muhammad Saleh, Moza Dela Fudika,Tamim Ripinra Putra
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.v24i2.6188

Abstract

This study examines the ambiguity surrounding the position of the President of Indonesia as both Head of State and Head of Government within the prevailing constitutional system. Although Indonesia has adopted a presidential system based on the 1945 Constitution, political and constitutional realities reveal an overlap between these two roles. Since Indonesia's independence, the country's constitutional system has undergone significant changes, influenced by the historical legacy of the parliamentary system and constitutional amendments aimed at reinforcing the presidential system. However, ambiguity persists because several provisions in the 1945 Constitution still leave room for different interpretations regarding the President's position and authority. This research identifies various factors contributing to this ambiguity, including the impact of patronage politics, unclear relationships between the executive and legislative branches, and the President's political dependence on parliamentary coalitions. Furthermore, the study highlights the need for constitutional reform, which includes clarifying ambiguous provisions, improving the party system, and strengthening the checks and balances mechanism between state institutions. These reforms are expected to clarify the President's position, enhance government effectiveness, and ensure the creation of a more stable, accountable, and democratic administration. This study provides valuable insights into the dynamics of Indonesia's constitutional system and offers solutions for improving the existing governance framework
Legal Dimensions of Iddah and the Phenomenon of Double Silence: Their Role in Shaping Women's Invisibility in Gresik Muhammad Najib
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.v24i2.6190

Abstract

This research aims to determine the influence of the iddah period law on social dynamics and interactions in Gresik. In addition, this research also seeks to fill critical and in-depth knowledge gaps on aspects of urban social life. The researcher uses qualitative data analysis through in-depth interviews, observations of 30 recently divorced women, and questionnaires to determine the relationship between variables. The results showed that women in the iddah and menstrual periods impact social interactions and norms, thus limiting their access and opportunities in various domains of life and self-development. This research has implications for new scientific knowledge that there should be an integrated program development, such as training to support women’s activities during the Iddah period. Thus, these results not only provide new insights into women’s experiences in the Iddah period but also provide a theoretical basis to support the welfare of women in self-development and to be more creative for urban communities
Legal Reformulation of Religious Court Divorce Decisions in Indonesia Due to Religious Conversion (Apostasy) Based on Unification and Principles of Islamic Law Formation Annas, Syaiful; Al-Amruzi, M. Fahmi; Muzainah, Gusti
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; Wulandari S, Lestari; 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 Ginting, Eka DJ
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 Suleman, Frangky; Khusurur, Misbah; Alwi, Bashori; 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.

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