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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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.
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Articles 1,631 Documents
State Administrative Law Implications of Deviations From Building Construction Approval in Prohibited Areas M. Zamroni
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.v24i2.6309

Abstract

The construction of buildings in prohibited areas presents a crucial issue in the administrative law system, particularly in the context of enforcing principles of good governance that are clean and accountable. Prohibited areas, such as water catchment areas, green zones, or cultural heritage sites, have been designated through spatial planning policies with binding legal authority. However, in practice, administrative approval for construction in these areas is still often granted unlawfully by authorized officials, driven by various economic and political motives. This article aims to analyze the legal implications of such procedural violations, both concerning the validity of permits issued and the legal accountability of the responsible officials. The research uses a normative legal approach with a case study on several constructions that violate spatial planning regulations in Indonesia. The findings indicate that these violations could lead to the annulment of permits through decisions made by administrative courts, along with administrative sanctions and even criminal penalties for those proven to have violated the rules. Strict enforcement of administrative law is key to preventing similar violations in the future.
Paradox of Justice in Baduy’s Customary Law: Bridging Tradition, Human Rights, and Modernization in the Context of Indonesian Legal Pluralism Tetty Melina Lubis; Parluhutan Sagala; Arief Fahmi Lubis; Oka Pahala Ramadhan
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.v24i2.6310

Abstract

This study examines the paradox of justice that emerges when Baduy’s customary law interacts with universal concepts of justice and human rights. It explores how the Baduy community’s notion of justice—rooted in the principle of “pikukuh” and focused on maintaining cosmic balance—often clashes with modern interpretations of justice and individual rights. By analyzing Baduy’s legal practices in depth, the study identifies key challenges in reconciling customary law with Indonesia’s national legal system. It also considers how this paradox affects efforts to preserve Baduy’s cultural identity amid growing pressures from modernization. In conclusion, the study underscores the need to understand the complex interplay between customary law, human rights, and national development within Indonesia’s legal pluralism framework
Legal Analysis of Deepfake Technology in Indonesia from the Perspective of Fair and Civilized Humanity Abdul Aziz Pamungkas, Nanik Sutarni, Burham Pranawa
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.v24i2.6311

Abstract

Deepfakes have become an increasingly significant consideration in technology's ethical and regulatory aspects, prompting governments and related organizations to create more robust legal systems to protect the public from their potential detrimental impacts. The purpose of this research is (a) to find out the impact of using deepfake technology on fair and civilized human values and (b) to find out the form of legal protection for Indonesian citizens for the impact of deepfake technology abuse. This research is normative juridical research with descriptive approaach. Data collection through library research. This study concludes that deepfake technology impacts the value of fair and civilized humanity in terms of moral, human rights, and humanitarian values. The form of legal protection for Indonesian citizens on the impact of deepfake technology abuse is analyzed with the Electronic Transaction Law (ITE), the Personal Data Protection Law, and the Pornography Law.
Implementation of Assimilation in the Progressive Law Perspective: Toward a Humane and Beneficial Society Riko Hamdan; Helmi; Meri Yarni
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.v24i2.6314

Abstract

The overcapacity of correctional institutions in Indonesia has led to various complex humanitarian, legal and social problems. One of the solutions pursued by the government is the assimilation policy, which aims to reduce the capacity burden while encouraging the social reintegration of prisoners. However, the implementation of this policy is often trapped in a legalistic-formal approach that ignores aspects of substantive justice. This article examines the implementation of the assimilation policy in the perspective of progressive law, which places law as a means of social transformation, not merely a normative rule. Through normative legal research methods with statutory, conceptual, and philosophical approaches, this article finds that the progressive legal approach plays an important role in encouraging assimilation policies that are more humanist, inclusive, and just. Progressive law emphasizes the importance of rehabilitation, community participation, and protection of prisoners' rights as part of the development process. In addition, concrete support is needed in the form of job training programs, psychosocial assistance, and fair and transparent supervision. By emphasizing the principles of justice, humanity and social benefit, the implementation of progressive law-based assimilation can reduce stigma against prisoners and create a more dignified correctional system. The results show that the success of the assimilation policy is greatly influenced by the synergy between an adaptive legal approach and strong social participation. In conclusion, progressive law can be an effective foundation for reforming correctional policies to be more oriented towards recovery, not just punishment
Peircean Semiotic Analysis of the Film Poster Tuhan Izinkan Aku Berdosa: Representation of Sin and Morality Shela Kusumaningtyas
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.v24i2.6316

Abstract

Movie posters not only serve as promotional tools but also as visual communication media that convey deep messages related to the themes and values presented in the film. The poster for Tuhan Izinkan Aku Berdosa is particularly interesting to analyze due to its complex use of visual elements and text in representing moral conflict, sin, and redemption. This study aims to identify and analyze the meanings of icons, indexes, and symbols in the film poster using Peircean semiotics. The research employs a qualitative descriptive method with a Peircean semiotic analysis tec nique, which classifies signs into three main categories: icons, indexes, and symbols. The findings reveal that the iconography of the main characters’ faces reflects inner conflict and emotional turmoil, the color index and character positioning depict a spiritual journey and moral value opposition, while the symbolism in the title and golden color represents the moral paradox emphasized in the film. In conclusion, the Tuhan Izinkan Aku Berdosa poster is not merely aesthetic but also rich in meaning, allowing for diverse interpretations among audiences. This study highlights the importance of semiotic analysis in understanding visual communication in film media.
Emotional Manipulation and Public Opinion Formation through Viral Content: A Case Study of the #KaburSajaDulu Hashtag on Social Media Platform X Ira Lusiawati
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.v24i2.6318

Abstract

This study aims to analyze how the viral hashtag #KaburAjaDulu on social media platform X is used as a persuasive communication tool in shaping public opinion through emotional manipulation. Using a descriptive qualitative approach and content and framing analysis methods, this research explores tweets containing the hashtag, focusing on language usage, emotional expression, and public responses. The findings reveal that this hashtag employs emotional communication strategies such as anger toward government policies, fear of an uncertain future, and excitement about better opportunities abroad. These strategies effectively accelerate message dissemination, shape a collective narrative of migration as a solution, and emotionally engage the audience. Additionally, the hashtagged content raises ethical concerns, including the potential for opinion manipulation and social polarization in digital spaces. In conclusion, the hashtag #KaburAjaDulu is not merely a spontaneous trend but a form of strategic communication that powerfully frames public discontent, underscoring the importance of digital literacy and ethical awareness in using social media as a platform for shaping public opinion.
Practice of Diploma Retention in Industrial Relations: Analysis from the Perspective of Labor Law Sukhebi Mofea
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.v24i2.6322

Abstract

The practice of withholding diplomas by companies in industrial relations in Indonesia is still often found even though it has no legal basis. This withholding of diplomas is generally carried out on the grounds of ensuring the continuity of the employment contract and preventing workers from resigning before the end of the employment period. However, this action is contrary to the basic principles of Indonesian labor law which prioritize freedom of contract, protection of workers' rights, and the right to private property. This study aims to analyze the practice of withholding diplomas in industrial relations and its compliance with the provisions of labor law in Indonesia. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that the practice of withholding diplomas is not in accordance with the provisions applicable in Indonesian labor law, including Law Number 13 of 2003 concerning Manpower and Law Number 39 of 1999 concerning Human Rights. This practice also has the potential to violate human rights guaranteed by the constitution. Workers who experience diploma withholding have several legal remedies that can be taken, such as complaints to the Manpower Office, settlement of industrial relations disputes, and civil lawsuits. This study recommends that the government, companies, and workers improve their understanding and supervision of workers' rights to create fair and just industrial relations.
Evolution Of Islamic Family Law In Multicultural Society Adoption Cases And Challenges International Law Anwar
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.v24i2.6325

Abstract

The problem related to the evolution of Islamic family law in multicultural societies in cases of adoption lies in the tension between Islamic principles that regulate kafalah (protection of children without changing the status of descent) and international law that accepts full adoption, including changes in the legal status of children. This research uses a library research approach. The data sources used in this study consist of various types of relevant literature, namely: Books, scientific journal articles and research reports. The results of the research show that: 1). The form of evolution of Islamic family law related to adoption in a multicultural society is that Islamic family law has undergone changes to adapt to a multicultural society. Initially, Islam did not recognize full adoption, but rather the concept of kafalah, which only provides protection without changing the status of the child's descendants, 2). The challenge in implementing adoption rules in multicultural societies is the difference in understanding between Islamic law which does not change the child's status of descent and secular law which allows full adoption. 3). The interaction between Islamic family law and international law in adoption cases is that the interaction of these concepts becomes very urgent, especially in relation to international adoption. Although Islamic law does not allow full adoption which changes the legal status of the child, Muslim countries must balance the application of Islamic law with obligations to international treaties, such as the Hague Convention. 4). The impact of globalization on the acceptance of Islamic family law in adoption cases at the international level is that globalization accelerates the acceptance of Islamic family law in international adoption cases, despite concerns about social changes affecting religious values.
Localizing the Green Transition: Policy Implementation and Challenges of Renewable Energy Development in West Nusa Tenggara, Indonesia Ardika
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.v24i2.6326

Abstract

This study explores the dynamics of green energy transition policy in Indonesia, with a specific focus on the Province of West Nusa Tenggara (NTB) as a pioneering region in promoting renewable energy at the local level. Against the backdrop of global energy crises and climate change, Indonesia has committed to increasing its share of renewable energy to 23% by 2025 through various national policies and regulations. At the subnational level, NTB has taken proactive steps by issuing Governor Regulation No. 13 of 2024 on Green Energy Development, as part of its broader “Green NTB” vision and the implementation of its Regional Energy General Plan (RUED). The research adopts a qualitative approach, analyzing policy documents, government reports, and relevant literature to examine how green energy policy is formulated and implemented at the local level. The findings reveal that while NTB demonstrates strong political will and regulatory frameworks, the implementation phase faces several challenges, including limited infrastructure, high investment costs, low public energy literacy, and weak institutional coordination. Moreover, green energy initiatives are often symbolic and confined to pilot projects without comprehensive long-term planning. Nevertheless, NTB’s abundant renewable energy potential, commitment from local authorities, and support from national frameworks provide significant opportunities to accelerate the energy transition. The study concludes that a more adaptive, inclusive, and evidence-based policy approach is essential to overcoming implementation barriers. The NTB case offers valuable insights for other provinces aiming to develop locally contextualized strategies for sustainable energy transformation, contributing to Indonesia’s national and international climate goals.
Concept Of Terms In Understanding Absolute Water Law Contemporary Legal Study Modern Fiqh Perspective Abd Razak
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.v24i2.6327

Abstract

The interpretation of the concept of istihalah in the context of modern technology, such as wastewater treatment and recycling, triggers new problems. Although the concept of istihalah has been accepted in classical fiqh, its application in the contemporary world raises challenges related to the scientific validity and practice of water treatment that changes the nature of water. This research uses a library research method , which focuses on the study of literature and written documents relevant to the research topic. The main data sources in this research are scientific journal articles and published research reports. The research results show that: 1). The form of the concept of istihalah in understanding the law of absolute water is that istihalah is the change of an impure substance into a new substance that is totally holy and in absolute water fiqh, this means that unclean water that has completely changed its nature can again be considered holy and purifying. 2). The application of the concept of istihalah in understanding absolute water law in contemporary legal studies is that in the modern context, istihalah is used to authorize the use of recycled water, as long as the purification process removes all unclean properties and meets purity standards. 3). The Ulama's view of the concept of istihalah in understanding absolute water law in contemporary legal studies is that contemporary Ulama generally accept the concept of istihalah as the basis for the ability to use recycled water for purification, provided that the change in the substance is complete and scientifically proven.