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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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The Legal Aspects of the Hanging Marriage Practice: An Ethnographic Analysis Yahanan; Budiawan, Afiq
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.v24i2.6213

Abstract

The tradition of hanging marriage in the Kampar community is part of a cultural heritage that is still preserved today. This tradition involves a series of traditional ceremonies that are full of meaning, ranging from the Khatam Al-Qur'an rituals, Barandam, night, to the marriage procession itself. Hanging marriage is not only seen as a form of prevention of pre-marital relations, but also as a symbol of spiritual and social readiness of the bride and groom before living a domestic life. In the perspective of Islamic law, this tradition does not conflict as long as it does not deviate from the Shari'a, although there are several aspects that need to be harmonized with the provisions of the National Marriage Law, especially related to the minimum age limit of marriage. This study aims to examine more in the meaning and cultural values ​​behind the tradition as well as the challenges faced in the context of children's modernization and protection
Juridical Study of the Supervisory Authority over the Implementation of Nagari Customs and Culture by Traditional Nagari Communities in West Sumatra Province Pebrihariati. R, Sanidjar; Desmal Fajri; Oksidelfa Yanto
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.v24i2.6217

Abstract

In Article 18B paragraph (2) of the Amendment to the 1945 Constitution, it is stated that "the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated in law." In 2018, West Sumatra Province established West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari. Problem formulation: 1) What are the consequences of the authority of the Nagari Traditional Council (KAN) after the enactment of West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari in West Sumatra Province? 2) What are the legal impacts of supervisory authority on the implementation of nagari customs and culture by the Nagari Traditional Council in West Sumatra Province? The type of research used is normative legal research, using secondary data sources consisting of Primary Legal Materials and Secondary Legal Materials, data collection techniques using document studies, the data is then analyzed using qualitative analysis. Research Results and discussion: 1) Based on the provisions in Article 5 of the West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari, the Nagari Institution consists of: a. Nagari Traditional Density; b. Nagari Government; and c. The Nagari Customary Court, one of the authorities of the Nagari Customary Court is: Supervising the Implementation of Nagari Customs and Culture. 2) In the provisions of Article 17 of West Sumatra Province Regional Regulation Number 7 of 2018 concerning Nagari, it states that: The Governor carries out general guidance and supervision over Nagari in the administration of government based on Customary Law. Keywords: Supervision, Authority, Nagari Community.
Deconstructing Masculinity: K–Pop's Effect in Shaping a New Representation of Men Walisyah, Tengku; Sikumbang, Ahmad Tamrin; Efendi, Erwan
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.v24i2.6220

Abstract

This study examines how K-Pop culture influences the construction and deconstruction of male masculinity in Indonesia in complex social, cultural, and religious contexts. Using a virtual ethnography approach and social media sentiment analysis, this study reveals that representations of masculinity in K-Pop culture—which are gentle, aesthetic, and androgynous—challenge traditional Indonesian masculinity norms that emphasize assertiveness, dominance, and emotional restraint. K-Pop idols as cosmetic brand ambassadors introduced a new form of masculine expression that was more inclusive, but triggered resistance from conservative Islamic norms and values. The novelty of this research lies in the integration of visual analysis, online discourse, and religious perspectives in explaining the negotiation of gender identity in the digital era. The findings show that masculinity is now a tug-of-war between global and local values. Social media serves as a cultural mediation arena where new masculine images can be negotiated, tested, and maintained. This study confirms that K-Pop is influential as an ideological agent in destabilizing and reformulating the boundaries of male identity in contemporary Indonesian society.
Life Imprisonment: Legal and Human Rights Perspectives in The Indonesian Criminal Justice System Istiqlal Assaad
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.v24i2.6221

Abstract

The death penalty in Indonesia, as governed by the new Penal Code (KUHP) under Law No. 1 of 2023, represents a significant shift from its previous application. Historically, the death penalty was considered the most severe punishment for serious crimes such as premeditated murder, terrorism, and drug trafficking. However, the revised KUHP reclassifies the death penalty as a special form of punishment with a probationary period of 10 years, during which the convict's behavior and potential for rehabilitation are assessed. If the offender demonstrates remorse and positive behavioral change, their sentence may be commuted to life imprisonment. This reform introduces a more restorative approach to justice while still retaining the death penalty as an option for the most serious crimes. The KUHP also includes provisions to protect vulnerable individuals, such as postponing executions for pregnant women and those with mental health conditions. From a human rights perspective, the death penalty raises significant concerns regarding the right to life and freedom from cruel and inhuman treatment. While proponents argue that it serves as a deterrent, human rights organizations emphasize the protection of fundamental freedoms. The new KUHP aims to strike a balance between justice, deterrence, and human rights, with the potential for a future moratorium on the death penalty in Indonesia
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; Hattab, Syahruddin; Nuraisyah; Halim, Rahmawati
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 Magga, Mohammad Iqbal Andi; Daswati; Irfan, Mohamad; 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, herman sujarwo
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.

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