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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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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

Enforcement prisoner wars waged onevery country are inseparable from provisions ofhumanitarian law. Every country involved in theorigination convention subject to the established ruleseven has been implemented well. Aims: From thebackground that has been described above, then writerinterested in raising this material in the creation of ajournal with the title "Treatment Against Prisoners ofWar Under Humanitarian Law”. Method: researchmethod used is the method study Library Research is aseries of activities related to methods library datacollection, reading and taking notes as well asprocessing research materials that utilize source library.As well as Internet Searching which is a technique datacollection through the assistance of technology in theform of tool or machine internet search where allinformation such as writing, data, pictures and so onfrom various eras available inside it. Result: A prisonerwar entitled on treatment as a prisoner war When thestatus as prisoner war Already fulfilled. Treatment toprisoner war has set up in terms and conditions lawhumanitarian. Provisions of Humanitarian Law the setup in Convention Geneva III 1949 on treatment toprisoner war. Conclusion: Violation law carried out byprisoners war must still processed in accordanceapplicable law However during the legal process walk aprisoner war must still get right his as prisoner war withthe provisions that have been set, then from That everycountry must own copy convention geneva the sentenceinside it convention mentioned understood by a personprisoner 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

The doctrine of Misbruik van Omstandigheden is a phenomenon that frequently arises in the dynamics of agreements between parties, especially as a legal justification for the annulment of contracts, including rental agreements. The main issue in this study focuses on the conceptualization and actualization of the doctrine of Misbruik van Omstandigheden as the primary basis for contract annulment, as well as an analysis of the judicial arguments that use this doctrine as a legal foundation for canceling rental agreements. This research adopts a normative legal method with a legislative approach, case studies, and in-depth conceptual analysis. The findings reveal that although the doctrine of Misbruik van Omstandigheden does not have explicit regulation in the Civil Code, jurisprudence has established it as a valid form of defect in will for annulment of a contract in Indonesia. Furthermore, judges' considerations in applying this doctrine as a basis for the annulment of rental agreements must meet strict legal standards and be based on Van Dunne's Theory as a fundamental parameter in assessing the validity and legality of judicial decisions.
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
Juridical Study of the 2024 Banjarbaru Regional Head Election Muh. Agus Alivia S M Nur; Ahmad Rustan; Irwansyah
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.v24i2.6303

Abstract

The Direct Regional Head Election (Direct Regional Election) which will be held on November 27, 2024 is the embodiment of democratic values. The election of regional heads is an orientation of people's sovereignty which is a concept of a state that uses a democratic system like Indonesia. The people as holders of State sovereignty as stated in Article 1 paragraph 2 of the 1945 Constitution that the Sovereignty is in the hands of the people and is carried out according to the Constitution. The election of Regional Heads in Indonesia is a long political journey with various dynamics that occur between the interests of the political elite and the will of the people, the interests of the central and regional and the interests of businessmen and candidate pairs. In carrying out the Regional Head Election, it is carried out by an Independent Institution, namely the General Election Commission (KPU) which is the organizer in distributing people's sovereignty through Direct Regional Elections. The 2024 Regional Head Election will be held simultaneously throughout Indonesia, even though the regional elections have been completed, but some regions still have legal problems regarding the process or results of the simultaneous regional elections that have been carried out. Banjarbaru City, South Kalimantan Province is one of the areas that is the main issue of legal problems that result in alleged injustice and non-neutrality of the Banjarbaru City General Election Commission. This research is carried out by the Normative Juridical method, namely by examining the theories, concepts and legal principles and related regulations regarding the election of regional heads. From this study, it can be concluded that there have been legal problems regarding the rules for disqualification and re-printing of ballots regarding the Regional Head Election that occurred in Banjarbaru City.
The Relevance of Caveat Emptor Doctrine to Online Loan Contracts in Indonesia Alexander Kennedy; Ida Bagus Gede Satya Wibawa Antara; Sophia Al Hikmah; Victor Pandunata
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.v24i2.6304

Abstract

The rapid development of financial technologies in the internet-based P2P lending platform revolutionizes the way to get access to credit by directly connecting borrowers and lenders. It also develops grave legal issues coupled with consumer protection matters, primarily because of the problems arising from information asymmetry and the dominance of platform-controlled contracts. This research attempts to examine the possibility of the application of the caveat emptor doctrine on online loan contracts in Indonesia and whether or not the application of the doctrine is too oppressive for the borrowers amidst the development of fintech. Adopting a normative juridical type of research, this research follows a close examination of the laws, regulations, court decisions, and legal literature. This study shows that, while caveat emptor still applies, its unqualified application is modified by robust consumer protection law that imposes standards of transparency and honesty on the lending sites. Problems of usury rates of interest, oppressive debt collection, and privacy violations all suggest the necessity for greater regulatory supervision and better consumer financial education. It contributes to the legal literature as the reinterpretation of traditional contract law principles-that is, pursuant to cases brought about by the digital era-provides balanced insights relevant to regulators, platform providers, and consumers. The research thus points to the need to balance these ancient doctrines with modern consumer protection mechanisms to achieve equity and sustainability in the online lending market.
The Legal Framework and Commitment in Bank Credit Agreements: Empirical Insights from Indonesia Burhan Sidabariba
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.v24i2.6306

Abstract

The theory of legal protection aims to safeguard vulnerable communities both economically and juridically. In the pursuit of protecting human rights, the state seeks to maintain a harmonious relationship between government institutions and citizens, grounded in a balanced and functional distribution of state powers, where disputes are resolved through deliberation. This study focuses on the commitments and agreements established between banks and their credit clients. A descriptive qualitative approach was employed to explore this dynamic. The findings reveal key distinctions in the classification of collateral objects, categorized as either movable or immovable, highlighting five primary differentiations. First, these distinctions pertain to the form of collateral, distinguishing between fiduciary, pledge, and mortgage rights based on the nature of the collateral whether movable or immovable. Second, leveraging of collateral is contingent on the object type, influencing the method of delivery. Third, movable objects are delivered through physical transfer, while immovable objects require formal procedures, such as title transfer. Fourth, the expiration terms for collateral differ, with immovable objects typically having no expiration, while movable objects have an expiration clause. Finally, the concept of possession (bezit) is crucial, where the possessor of movable property is regarded as the owner, in contrast to immovable objects, where possession does not confer ownership.
The Pluralism of Customary Criminal Law: A Comparison between Indonesia and Brazil Judy Marria Saimima
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.v24i2.6307

Abstract

Legal pluralism is an unavoidable reality in countries with diverse ethnic and cultural backgrounds, including Indonesia and Brazil. Therefore, it is important to conduct a comparative study on the practices of customary criminal law pluralism in both countries. This research employs normative juridical and empirical methods to examine both the constitutional basis and practical implementation ofindigenous legal traditions. The findings indicate that although both countries recognize the existence of customary law, they differ in legislative approaches, implementation strategies, and the relationship between state law and indigenous community law. Preventive and repressive legal protections are evaluated, emphasizing the need for clearer codification, participatory governance, and culturalsensitivity. Hindering factors such as legal fragmentation and political resistance are also identified. This study further recommends the necessity of formal recognition and integrative mechanisms that not only protect the rights of indigenous peoples but also ensure legal certainty and justice in a more inclusive manner. Future research is suggested to explore broader longitudinal and comparative frameworks.

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