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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.
Arjuna Subject : -
Articles 1,613 Documents
A Regulatory and Implementative Study on Women's Rights, Lactation Spaces, and the Role of State Responsibility Meti Sulastri; Dey Ravena; Sri Ratna Suminar; Neni Ruhaeni
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.v24i2.6240

Abstract

This study aims to examine and analyze the existence of lactation rooms as a form of legal protection for female workers from the perspective of labor law and health law in Indonesia. Descriptive-analytical method is used in this research, with a juridical-normative approach and qualitative research data. Primary, secondary, and tertiary data are obtained from relevant regulations and literature. The results of this study indicate that the provision of lactation rooms is regulated in Law No. 13 of 2003 on Employment, Law No. 17 of 2023 on Health, and Government Regulation No. 33 of 2012 on Exclusive Breastfeeding and its derivative regulations, the legal provision of lactation rooms remains limited and lacks comprehensive scope. This leads to the absence of adequate facilities in many workplaces, contributing to the low success rate of exclusive breastfeeding among employed mothers. Meanwhile, countries such as Sweden and Singapore, despite lacking explicit regulations mandating lactation rooms, have implemented successful workplace lactation policies through broader worker welfare frameworks. The barriers to implementation in Indonesia include unsupportive organizational culture, insufficient budget allocation, and weak government oversight. This study recommends explicit regulatory reform, widespread policy dissemination, and multi-stakeholder collaboration to strengthen the protection of female workers’ health rights.
Students, Entrepreneurship and Empowerment: A Case Study Humane Entrepreneurship Strategy at Bahrul Maghfiroh Islamic Boarding School, Malang City Sopiyatun; A. Muhtadi Ridwan; Aunur Rofiq
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.v24i2.6243

Abstract

This study explores the intersection of students, entrepreneurship, and empowerment through a case study of the humane entrepreneurship strategy implemented at Bahrul Maghfiroh Islamic Boarding School in Malang City. In response to the increasing need for economic independence and the cultivation of entrepreneurial spirit among students, Bahrul Maghfiroh has developed a unique approach that integrates ethical business practices with educational goals. This research employs a qualitative case study method, gathering data through interviews, observations, and documentation analysis. Findings reveal that the boarding school adopts a humane entrepreneurship model characterized by prioritizing student welfare, ethical management, and community engagement, while fostering practical entrepreneurial skills. Through various business units and training programs, students are not only educated in Islamic knowledge but are also equipped with real-world business competencies, contributing to their personal development and future economic resilience. This study highlights how humane entrepreneurship can serve as a powerful tool for student empowerment in Islamic educational institutions, offering a sustainable model for other boarding schools seeking to combine education, character-building, and economic independence.
Responsibility of Producers and Distributors for Losses Suffered by Consumers (Study at PT Semen Indonesia Distributor) Lusiana Apriliyanti; Kamal, Ubaidillah
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.v24i2.6244

Abstract

The responsibility of business actors for product defects is an essential aspect of consumer protection. However, in practice, there remains an imbalance in the distribution of liability for product damage between producers and distributors. This study examines the liability for damages resulting from defective building materials experienced by consumers of PT Semen Indonesia Distributor (PT SID). The research addresses two main questions: (1) How is the legal relationship structured among producers, distributors, and consumers in product liability cases? (2) What are the responsibilities of producers and distributors for losses suffered by consumers? The study uses an empirical juridical method with a qualitative approach. Data is obtained through interviews with consumers and related parties of PT SID, observation of the product damage claim mechanism, literature study and document study related to PT SID's agreement. The findings reveal that the legal relationship among producers, distributors, and consumers arises from sales transactions and is bound by either written or verbal agreements. However, these agreements lack explicit provisions regarding liability for product defects. The responsibility for the losses suffered by consumers of PT SID is entirely borne by the distributor, without involving the producer. Compensation is provided based on the fault liability principle, which requires proof of fault and weakens the consumer's position. Therefore, it is necessary to strengthen regulations and contractual clauses that clearly define the distribution of liability between producers and distributors. The application of strict liability principle in defective product cases is recommended to ensure fairer legal protection for consumers
Reconstruction of the Law on Compensation for the Remaining Land Acquisition of Government-Owned Projects in the Perspective of Islamic Law and National Law Azhari, Muhammad Rizki; Akhmad Fauzi Aseri; Muhaimin
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.v24i2.6245

Abstract

Development carried out by the government certainly cannot be separated from the land acquisition process. Legally, land acquisition for development in the public interest is regulated in Law Number 2 of 2012. The government as a policy maker is responsible for the birth of a regulation by looking at it from the perspective of the value of maslahah for the community, especially land owners. Compensation for land acquisition for public interest is one example of a case that can be resolved with this concept, because it is related to worldly matters (muamalah) and social problems. The law in the Qur'an and As - Sunnah teaches to create peace in life with the methods that have been given. The problems raised specifically include what are the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land in national law, how is the review of Islamic law related to the weaknesses of the regulation on the period of compensation for the remaining land areas affected by the acquisition of government-owned project land and how is the reconstruction of the law regarding the period of compensation for the remaining land areas affected by the acquisition of government-owned project land from the perspective of Islamic law and national law. The method used in this study is normative legal research through literature studies using a statutory approach ( Statute Approach ), conceptual, case study and comparison. Therefore, in order to obtain legal certainty and achieve a sense of justice, it is necessary to reconstruct several legal provisions regarding the time period for providing compensation for remaining land areas affected by land acquisition for public interest.
The Authority of A Notary to Legalise Letters Under Hand from The Perspective of Islamic Law and National Law Widiastuty, Rini; Arifuddin Muda Harahap; Mhd.Yadi Harahap; Ansari; M.Amar Adly
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.v24i2.6247

Abstract

A notary as a professional in the legal field who has the duty and authority to make a Private Letter - a Private Letter that can be used as evidence of a person's property status, rights, and obligations. As a noble official, a notary is required to comply with the provisions contained in the Notary Law. One of the duties of a notary is to legalize, namely the ratification of private letters. Legalization is carried out by a notary to ensure the certainty of the date of the Private Letter in question. The notary is also responsible for the identity, contents of the Private Letter , signature, and date on the letter/ Private Letter . This research is a qualitative legal research. In conclusion, the role of a notary is very important in the agreement of the parties through legalization. The notary is responsible for ensuring the validity of the documents used in the agreement process of the parties , as well as assisting in the process of signing and ratifying the necessary documents. With the role of a notary, the agreement process of the parties can run smoothly and in accordance with applicable regulations.
Digital Optimization In Improving Credibility Sharia Financing Institution Fauzi, Ahmad; Ridwan, Muhtadin; Rofiq, Aunur
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.v24i1.6250

Abstract

This study aims to examine and explore the optimization of digitalization of financing institutions , where the development of digitalization optimization in transforming the financial sector and its impact, sharia compliance, and financial inclusion. Likewise , this research considers digital optimization​ in increasing credibility financing institutions . As a recommendation for further researchers to study more deeply the aspects that have not been reached, in the development of a sustainable digital economy . or an interdisciplinary approach to enrich the perspective on the topic discussed . The research method uses literature analysis, by looking at the current conditions related to digital economic transformation innovation , challenges and regulations, and its opportunities . The results of the study revealed that digitalization has great potential to accelerate access to Islamic finance for previously underserved communities. However, complex regulatory challenges and inadequate consumer education remain obstacles . Digital economic transformation services have provided easier and more affordable access for individuals and small and medium enterprises to use Islamic financial products and services. In addition, there needs to be cooperation between regulators, industry, and Islamic financial institutions to create a conducive environment for the growth of the Islamic economy . Therefore, the Islamic economy can continue to play its vital role in strengthening the Islamic financial sector and supporting broader finance .
Legal Protection of The Executory Rights of Separatist Creditors as Holders of Material Guarantees in Credit Agreements in The State of Bankruptcy Debtors Kusuma Dewi, Inggrid; Muhammad Arifin; Ida Nadirah
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.v24i2.6253

Abstract

This study examines the legal protection of the executorial rights of separatist creditors as holders of security rights in credit agreements when the debtor is declared bankrupt. As separatist creditors possess preferential rights over certain collateral objects, the implementation of their executorial rights often faces legal and procedural challenges in bankruptcy proceedings. The research analyzes the legal framework provided by Indonesian bankruptcy law, particularly concerning the position and priority rights of secured creditors. It also evaluates judicial practices and obstacles encountered during the execution of collateral. The findings highlight the importance of strengthening legal certainty and protection for secured creditors to ensure the fair enforcement of their rights without undermining the principles of bankruptcy distribution and debtor rehabilitation. Recommendations are proposed to harmonize the execution process with creditor protection mechanisms in insolvency law.
Legal Policy in Regional Tax Collection and Regional Levy in North Sumatra Province Rahmat, Rahmat
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.v24i2.6254

Abstract

This study analyzes the legal policies governing regional tax collection and levies in North Sumatra Province. It focuses on the regulatory framework, the effectiveness of legal instruments, and the implementation practices by local government authorities. The research highlights the challenges faced in optimizing local revenue through taxes and levies, such as inconsistent regulations, limited administrative capacity, and issues of transparency and compliance. By examining both statutory provisions and their practical enforcement, this paper aims to provide recommendations for improving the legal system to support better fiscal autonomy and accountability in regional governance. The findings underscore the need for harmonization of local regulations with national standards and the strengthening of institutional mechanisms to ensure efficient and just tax collection practices.
Human Rights Protection In The Distribution Of Humanitarian Aid To War Refugees kristinawati, adjeng; Nandang Sambas; Neni Ruhaeni
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.v24i2.6255

Abstract

The war in Syria has caused a major humanitarian crisis, causing millions of civilians to flee to various countries, especially in the Middle East. This condition demands a fast, equitable, and effective distribution of humanitarian aid. In the distribution process, the protection of human rights (HAM) is crucial so that all refugees gain access to aid fairly and without discrimination. This study aims to analyze the implementation of human rights protection in the distribution of humanitarian aid for Syrian refugees and identify the challenges faced. The method used is a normative and empirical legal approach with a case study in Jordan, a country with many Syrian refugees, and a strategic point for the distribution of international aid. Data were obtained from an analysis of global and national refugee law and the results of interviews and observations in the field. The findings show that although there are international legal instruments such as the 1949 Geneva Convention, Additional Protocols, and the UN Charter, their implementation in the field is still weak. Discrimination in access to aid, lack of transparency, and exploitation of vulnerable groups such as women and children were found. In addition, dependence on international organizations and weak coordination between humanitarian actors hamper distribution effectiveness. Strengthening monitoring mechanisms, increased coordination, and human rights-based policies are needed to make aid distribution more inclusive and equitable.
Enforcement of Criminal Sanctions for Corruptors with Certainty and Legal Justice sitihumulhaer; Annie Myranika
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.v24i2.6258

Abstract

Corruption is an extraordinary crime because of its broad impact on the social, political, and economic life of a country. In the context of a state of law, the enforcement of criminal sanctions against perpetrators of corruption must be based on the principles of legal certainty and justice. However, in practice, various problems are still found, such as disparity in sentencing, inconsistent sentencing, and weak deterrent effects. This study aims to examine how the implementation of criminal sanctions enforcement against corruptors can reflect legal certainty and justice in Indonesia. The method used is a normative legal approach with an analysis of laws and regulations, court decisions, and relevant case studies. The results of the study show that even though an adequate legal framework is available, the enforcement of criminal sanctions still faces obstacles in terms of the independence of law enforcement agencies, varying interpretations of the law, and the influence of certain interests in the judicial process. Therefore, a more consistent and transparent reform of the criminal justice system is needed, as well as strengthening coordination between law enforcement officers in order to realize law enforcement that is not only certain, but also fair for all parties. Keywords: Corruption, Criminal Sanctions, Legal Certainty, Legal Justice, Law Enforcement.