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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 1,718 Documents
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Handling of Land Plots That Violate Protected Rice Fields: The Urgency of Law Enforcement and Food Security Protection Zidan Luqman Alhakim; Asmarani Ramli
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.
Implementation of Managerial Supervision and Islamic Communication at Madrasah Aliyah Negeri South Tapanuli Regency Fahrul Sanawi; Wahyudin Nur; Amiruddin Siahaan; Selamat Pasaribu
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.v24i2.6282

Abstract

This study aims to determine the implementation of Islamic supervision and communication at the State Islamic Senior High School (MAN) and the Insan Cendekia State Islamic Senior High School in South Tapanuli Regency, North Sumatra. The study was conducted qualitatively from January to September 2024. Informants consisted of the head of the school, the deputy head of curriculum, teachers, and students. The results of the study show: (1) Supervision of curriculum management and learning in both schools is carried out systematically, with well-organised plans and documentation, and the active role of the school's deputy head for curriculum. (2) Student supervision focuses on monitoring students' academic and social development. (3) Supervision of facilities and infrastructure is managed well, through inventory, periodic maintenance, and adequate budget support. (4) Supervise personnel, clearly divide tasks, monitor performance, and train and develop professional education personnel. (5) Implementing Islamic communication shows a positive relationship between the school and the community, as evidenced by active partnerships through joint activities such as social services and school committee meetings. Effective communication between the school and parents supports improving the quality of education. Overall, Islamic supervision and communication played an important role in enhancing mutual management and community involvement in education in both madrasahs.
The Effectiveness of The Competence of Islamic Religious Extension Workers in Increasing The Religious Diversity of The Community in North Nias Regency Arnan; Abdullah; Elfi Yanti 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.v24i2.6283

Abstract

This study aims to see the effectiveness of Islamic Religious Extension Competence in increasing community religiosity. The method used is qualitative, with the research location in North Nias Regency, from September 2023 to August 2024. Data collection techniques include observation, interviews, and documentation. Research informants comprised the Head of the North Nias Ministry of Religion, the District KUA, the North Nias Pokjapaluh, and representatives from the Muhammadiyah and Nahdlatul Ulama community organisations. Data analysis was carried out through a coding process and integration of data units at the stage of writing the results. The results of the study show: (1) The competence of Islamic religious extension workers includes mastery of religious knowledge, communication skills, technology, and social and psychological skills. They can also design extension programs that suit the community's needs. (2) The communication messages must be relevant, inspiring, touch people's lives, and contain applicable religious motivation. (3) The effects of communication extension include increased understanding of religion, changes in religious attitudes, and social and economic empowerment. Religious instructors have a strategic role in forming a religious, tolerant, and caring society. They can positively influence people's behaviour and quality of life through communication based on moderate Islamic values.
Legal Study of Legal Treatment of Prisoners of War in the Perspective of Humanitarian Law: Legal Study of Legal Treatment of Prisoners of War in the Perspective of Humanitarian Law Tiarsen Buaton; Edwin; Tri Agus Suswantoro; Ahmad Jaeni
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.v24i2.6286

Abstract

Background: Enforcement prisoner wars waged on every country are inseparable from provisions of humanitarian law. Every country involved in the origination convention subject to the established rules even has been implemented well. Aims: From the background that has been described above, then writer interested in raising this material in the creation of a journal with the title "Treatment Against Prisoners of War Under Humanitarian Law”. Method: research method used is the method study Library Research is a series of activities related to methods library data collection, reading and taking notes as well as processing research materials that utilize source library. As well as Internet Searching which is a technique data collection through the assistance of technology in the form of tool or machine internet search where all information such as writing, data, pictures and so on from various eras available inside it. Result: A prisoner war entitled on treatment as a prisoner war When the status as prisoner war Already fulfilled. Treatment to prisoner war has set up in terms and conditions law humanitarian. Provisions of Humanitarian Law the set up in Convention Geneva III 1949 on treatment to prisoner war. Conclusion: Violation law carried out by prisoners war must still processed in accordance applicable law However during the legal process walk a prisoner war must still get right his as prisoner war with the provisions that have been set, then from That every country must own copy convention geneva the sentence inside it convention mentioned understood by a person prisoner war.
Restitution in Juvenile Criminal Cases: A Proposed Amendment to Government Regulation No. 43/2017 in Light of International Legal Principles Vuzio Fernanda; Hafrida; Sahuri Lasmadi
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.v24i2.6293

Abstract

This article analyses how Government Regulation Number 43/2017 shall be amended on international human rights law. It is needed since this regulation does not further regulate the offender's responsibility due to the offender's economic inability. The article implements normative research based on the UNCRC, the Chorzow Factory Case, jurisprudence from the ECHR Case Law, and the UNGA Resolution 40/34. This article consists of three discussions. The first discussion implements the provisions of the UNCRC in proposing how the government regulation shall be amended. Meanwhile, the second discussion suggests how the regulation shall be amended based on international case laws. Finally, the third discussion enhanced the previous two discussions by implementing the UNGA Resolution 40/34. Indonesia shall amend the provisions under Articles 19-22 of the regulation to ensure the full reparation of the victim and the perpetrator’s responsibility is fulfilled. This article also suggests that Indonesia shall consider the offender's and the victim’s conflicting interests. The third discussion suggested the LPSK to be the authorized organ to pay the restitution to the victim in the case where the offender or convicted is unable to fulfill the responsibility.
Misbruik van Omstandigheden sebagai Dokrin Legitimasi Pembatalan Perjanjian Sewa-Menyewa akibat Penyalahgunaan Keadaan IB Gede Agustya Maha 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.v24i2.6295

Abstract

Doktrin Misbruik van Omstandigheden merupakan fenomena yang sering muncul dalam dinamika perjanjian antara para pihak, khususnya sebagai justifikasi hukum pembatalan perjanjian, termasuk perjanjian sewa-menyewa. Pokok permasalahan dalam penelitian ini berfokus pada konseptualisasi dan aktualisasi doktrin Misbruik van Omstandigheden sebagai dasar utama pembatalan perjanjian, serta analisis terhadap argumentasi yuridis yang menggunakan doktrin tersebut sebagai landasan hukum pembatalan perjanjian sewa-menyewa. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan, studi kasus, dan analisis konseptual yang mendalam. Hasil penelitian menunjukkan bahwa meskipun doktrin Misbruik van Omstandigheden tidak memiliki pengaturan secara eksplisit di dalam Kitab Undang-Undang Hukum Perdata, namun yurisprudensi telah menetapkannya sebagai salah satu bentuk cacat kehendak yang sah untuk pembatalan perjanjian di Indonesia. Lebih lanjut, pertimbangan hakim dalam menerapkan doktrin ini sebagai dasar pembatalan perjanjian sewa-menyewa harus memenuhi standar hukum yang ketat dan didasarkan pada Teori Van Dunne sebagai parameter fundamental dalam menilai keabsahan dan legalitas putusan pengadilan.
Participation of Jambi Malay Traditional Institutions in Strengthening Election Integrity Through Efforts to Prevent Money Politics Sri Wahyu Ananingsih; Aju Putrijanti
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.v24i2.6300

Abstract

Elections in Indonesia are still colored by money politics. Money politics is included as a serious election violation because it is considered to injure or damage democracy. Therefore, repressive and preventive efforts are needed so that money politics can be avoided. This study examines the role of the Jambi Malay Customary Institution in efforts to prevent money politics in elections. This study is interesting, because it is rare to find a customary institution making efforts to prevent money politics in elections. The urgency of this study can be used as a pilot model for money politics prevention efforts for other regions This study is a qualitative research using a socio-legal approach. The data used includes primary data and secondary data. Furthermore, all data is analyzed qualitatively. From the results of this study, it can be concluded that the participation of the Jambi Malay Customary Institution includes conducting political education to the community through various customary meetings, developing the Jambi Customary Law, one of which is socializing the provisions of "prohibition of bribery in customs and sharia", increasing the capacity of human resources of its members, encouraging the community and traditional leaders to play a role as participatory supervisors of elections and receiving reports of violations The politics of money from the citizens of the community

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