Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
Articles
1,631 Documents
<![CDATA[The Preferential Concept of Pro bono Publico as a Guarantee of Legal Certainty of Copyright Waqf in the perspective of Indonesian Law ]]>
<![CDATA[Denny Surya Sentosa Denny]]>;
<![CDATA[Siti Rodiah Siti Rodiah]]>;
<![CDATA[Utari Dewi Fatimah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6331
<![CDATA[The declarative principle in copyright protection and the constitutive principle in waqf implementation within Indonesia’s legal system have created a normative disharmony, obstructing the legal recognition of intellectual property-based waqf. This misalignment has led to the absence of a clear legal mechanism for facilitating copyright as a valid and productive waqf object. This study aims to formulate an alternative concept, Preferensial Pro Bono Publico, as an administrative framework that ensures legal certainty in the waqf of copyright without compromising the core declarative nature of copyright law. Employing a normative legal research method that combines conceptual and statutory approaches, and supported by qualitative juridical analysis of primary and secondary legal sources, the findings reveal that this concept can fill the regulatory vacuum by providing a functional administrative registration pathway for socially-driven rights transfers. The analysis indicates that the model aligns with responsive legal theory, legal functionalism, and the maqashid al-shariah framework in Islamic jurisprudence, while contributing to the advancement of progressive legal doctrine. Its broader implications include opportunities for regulatory reform, inter-agency system integration, and the strengthening of intellectual property-based philanthropy in the digital era. Thus, Preferensial Pro Bono Publico functions not only as a normative legal innovation, but also as a social instrument for the equitable redistribution of copyright benefits in a sustainable manner.]]>
<![CDATA[The Existence of General Principles of Good Governance Regarding Discretion in the Implementation of Regional Government ]]>
<![CDATA[Anggreni Atmei Lubis]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6337
<![CDATA[The problem in this study focuses on AUPB based on Law No. 30 of 2014 concerning Government Administration and how the Existence of AUPB is related to Discretion in the Implementation of Regional Government. This study aims to determine the existence of AUPB, discretion in the implementation of regional government. The research method used is qualitative research with a normative legal research type. The research approach uses a descriptive analysis approach. The results of the study indicate that AUPB in Indonesia has been concretely regulated in Law No. 30 of 2014, where AUPB has a significant and urgent relationship with the authority of government officials in the use of discretion and the implementation of regional government. AUPB as a basis for reference in filing a lawsuit at the State Administrative Court. Discretion that is contrary to AUPB has an impact on the decision of the state administrative agency or official to become detournement de pouvoir or abuse of authority.]]>
<![CDATA[Dynamics of Fatwa DSN-MUI on Financing Products at Shari’ah Financial Institutions (LKS) from 2010 to 2021 ]]>
<![CDATA[Ahmad Satiri]]>;
<![CDATA[Beni Ahmad Saebani]]>;
<![CDATA[Ah. Fathonih]]>;
<![CDATA[Ending Solihuddin]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6338
<![CDATA[Sharia Economic Law develops in line with the development of Sharia Economics in Indonesia. This is certainly with the support of various stakeholders who handle it. It is interesting to discuss how DSN-MUI as an authority that issues fatwas related to sharia economics, especially in the field of financing, is able to balance the needs of Sharia Financial Institutions and customers until now the existence of Sharia Financial Institutions is getting better. This study is intended to examine the dynamics of sharia economic fatwas by DSN-MUI using analytical descriptive methods. It was found that DSN-MUI uses various methods and approaches in compiling fatwas that are in line with the needs of Sharia Financial Institutions while still adhering to the principles of Islamic law in the field of economics.]]>
<![CDATA[Joint Property Rights Related to Intellectual Property Rights in the Perspective of Islamic Family Law ]]>
<![CDATA[Miftahul Haq]]>;
<![CDATA[Arisman]]>;
<![CDATA[Syamruddin Nasution]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6343
<![CDATA[This research departs from the unclear status of Intellectual Property Rights as part of joint property in Islamic Family Law. The immaterial nature of Intellectual Property Rights but its significant economic value poses its own challenges in the context of property division, especially after divorce or the death of one of the spouses. This research aims to understand and analyze in depth the position of joint property derived from Intellectual Property Rights in the perspective of Islamic Family Law, as well as investigate the status and dispute resolution of such property in legal practice in Indonesia. The main focus of the research includes three main problems: (1) What is the position of joint property rights related to Intellectual Property Rights from the perspective of Islamic Family Law? (2) What is the status of Intellectual Property Rights as joint property in marriage? and (3) How is the settlement of joint property disputes originating from Intellectual Property Rights according to Islamic Family Law in Indonesia. The methodology used is library research with a content analysis approach and a comparative method to the relevant legal system. Data sources consist of primary legal materials such as Law Number 1 of 1974 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and regulations related to joint property; and secondary materials in the form of books, journals, and other legal documents. The data analysis technique uses a normative juridical approach. The results showed that although the principle of joint property in Islamic Family Law recognizes joint ownership of property obtained during marriage, there is no normative clarity regarding the position of Intellectual Property Rights as part of joint property. This creates ambiguity in dispute resolution, especially when Intellectual Property Rights become the main source of income or have high commercial value. This research emphasizes the need for the development of more specific regulations and progressive legal interpretations to ensure legal certainty, justice, and protection of the rights of spouses in the division of joint property involving Intellectual Property Rights. The research recommendations encourage the integration of contemporary fiqh approaches and Islamic family law reform in Indonesia in addressing modern economic developments involving intellectual property as an object of joint ownership.]]>
<![CDATA[Legal Protection of Endangered Wildlife in Indonesia: Analysis of Verdict No. 185/Pid.B/LH/2020/PN.Bon under the Conservation Law ]]>
<![CDATA[wiyono, bambang]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6348
<![CDATA[This study examines the legal protection of endangered wildlife in Indonesia through the enforcement of Law No. 5 of 1990 concerning the Conservation of Living Natural Resources and Their Ecosystems. The analysis focuses on Verdict No. 185/Pid.B/LH/2020/PN.Bon of the Bon District Court, which involved the illegal trade of protected wildlife species. The research aims to evaluate the effectiveness of the legal framework in deterring wildlife crimes and assess the role of the judiciary in upholding conservation efforts. Using a normative juridical approach combined with case analysis, this paper highlights key legal considerations, including the interpretation of criminal liability, sentencing consistency, and the alignment of court decisions with conservation objectives. The findings reveal that although the legal provisions are comprehensive, enforcement challenges—such as light sentencing and limited deterrence—remain significant obstacles. The study concludes that stronger legal interpretation, enhanced coordination among law enforcement agencies, and public awareness are crucial for the effective protection of endangered species in Indonesia. This case serves as a reflection of the broader struggle between legal norms and the practical realities of wildlife conservation.]]>
<![CDATA[Legal Protection of Inventors on Patent Rights for Defense and Security Equipment Within the Indonesian National Army ]]>
<![CDATA[Ateng Karsoma]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6375
<![CDATA[The legal protection provided by the state through Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016 on Patents, specifically regarding Defense and Security Equipment (Alpalhankam) related to national defense and security, is explicitly and implicitly outlined in Article 109 Paragraph (1) letter a of the Patent Law. This provision affirms the Government's authority to independently implement patents in Indonesia when deemed necessary for national defense and security interests. In such cases, patent holders are restricted from exercising their exclusive rights. To ensure the confidentiality of Alpalhankam patents and to safeguard the moral and economic rights of inventors whose patents are appropriated by the Indonesian government, it is essential to establish a dedicated patent management body under the Ministry of Defense. This model follows practices adopted by countries such as China and South Korea.]]>
<![CDATA[Marginalized Wisdom: Empowering Customary Law in Family Conflict Resolution ]]>
<![CDATA[M Taufan Badollahi]]>;
<![CDATA[Sapruddin Saprudin]]>;
<![CDATA[Sitti Nurkhaerah]]>;
<![CDATA[Arief Budiono]]>;
<![CDATA[Absori Absori]]>;
<![CDATA[Muhammad Amin Hanafi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6378
<![CDATA[This study aims to construct the form of customary law empowerment as a means of overcoming family conflict. The research design used is empirical legal research with a qualitative-naturalistic approach. The research was conducted in Palu City, especially in Birobuli Utara Village. The data for this study came from field observations and interviews with traditional leaders. The results of the study indicate that customary law empowerment as a means of overcoming family conflict is constructed in the form of implementing alternative dispute resolution, a method of resolving disputes outside the court with mediation and negotiation techniques. Customary law empowerment as a means of overcoming family conflict should continue to be strengthened from various aspects so that it can be more optimal in carrying out its function as an alternative dispute resolution institution, considering that this institution has been proven to be able to resolve family disputes simply, quickly, and at low cost (speedy administration of justice), while maintaining community harmony. Otherwise, this very valuable social capital will only become wisdom that is increasingly being marginalized.]]>
<![CDATA[Facing Digital Transformation: The Role of the Prakerja Program in Enhancing Indonesian Workforce Competencies ]]>
<![CDATA[Susanto Soekiman]]>;
<![CDATA[Garry Brumadyadisty]]>;
<![CDATA[Muhammad Yus Firdaus]]>;
<![CDATA[Degdo Suprayitno]]>;
<![CDATA[Netty Lisdiantini]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6380
<![CDATA[The Prakerja Program plays a crucial role in addressing Indonesia's demand for a digitally skilled workforce amid rapid technological and economic transformations. This study assesses the program’s effectiveness by employing the European Digital Competence Framework and Kirkpatrick’s Training Evaluation Model. The analysis reveals that while the program ensures accessibility and provides fundamental digital training, it demonstrates notable deficiencies in advanced skill development, sector-specific training, and practical applications. These limitations impede participants' preparedness for specialized employment in the technology sector, creative industries, and startups. The findings emphasize the necessity of an enhanced curriculum that incorporates advanced, modular training and experiential learning opportunities. To improve the program’s efficacy, this study recommends fostering strategic collaborations with industry stakeholders and implementing inclusive educational strategies. Aligning the program with labor market demands is essential for cultivating a highly competent and adaptable workforce in Indonesia’s evolving digital economy.]]>
<![CDATA[Criminal Procedure Law Reform on Non-Imposing of Penalty in Judicial Decisions Following the Enactment of Law Number 1 of 2023 on the Indonesian Criminal Code ]]>
<![CDATA[Hasbullah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6386
<![CDATA[The reform of criminal law under Law Number 1 of 2023 on the Indonesian Penal Code (KUHP) as the new material criminal law introduces the concept of Judicial Pardon or Rechterlijk Pardon. This reform allows for the possibility of a guilty verdict without the imposition of a criminal sentence in the Indonesian Penal Code. The central issues addressed in this study are: (1) What are the aims and conceptual foundations of Judicial Pardon or Rechterlijk Pardon? and (2) How is the concept regulated under Law Number 1 of 2023 on the Penal Code, Law Number 8 of 1981 on the Criminal Procedure Code (KUHAP), and the 2012 Draft Criminal Procedure Code (RKUHAP)? This study employs a normative juridical method, using both the statute approach and the comparative approach. The research is based on secondary data, gathered through library research, and analyzed qualitatively. The criminal law reform through Law Number 1 of 2023 introduces Judicial Pardon or Rechterlijk Pardon as an alternative consideration for judges, allowing them to refrain from imposing a sentence while still upholding the principles of justice and humanity. However, this reform in the concept has yet to be accommodated within Indonesia’s formal criminal law, as reflected in the Criminal Procedure Code of 1981 and the 2012 Draft Criminal Procedure Code. These codes currently do not recognize Judicial Pardon as a valid form of judgment—that is, a decision wherein a defendant is proven guilty beyond reasonable doubt but is not punished due to judicial clemency. Therefore, harmonization and adjustment are needed to ensure consistency in the application of Judicial Pardon or Rechterlijk Pardon within both material and formal criminal law systems, contributing to a more coherent and unified criminal justice system in Indonesia.]]>
<![CDATA[Implications of The Establishment of The IKN Authority on The Structure and Authority of The East Kalimantan Province Regional Government ]]>
<![CDATA[Cipta Indralestari Rachman]]>;
<![CDATA[Monica Ruzz N]]>;
<![CDATA[Nina Rosida]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6388
<![CDATA[The relocation of the Nusantara Capital City (IKN) to the archipelago opens up significant opportunities to support equitable development but also presents challenges in harmonizing authority between the IKN Authority and the East Kalimantan Regional Government. This research will examine two main issues. First, the reason for the administration of the government in the Capital City of the Archipelago is carried out by the Authority Institution. Second, what are the implications of the establishment of the IKN Authority on the structure and authority of the regional apparatus of East Kalimantan Province. This study is expected to provide an in-depth understanding of the changes that occur and their impact on local government. The research method used is Normative Juridical research by examining the applicable legal rules related to the establishment of the IKN Authority and how these rules affect the structure and authority of the regional apparatus of East Kalimantan Province. In this research, the author uses several types of approaches to broaden insight, sharpen analysis, and focus on the problems studied, namely the statutory approach, conceptual approach, and comparative approach. This study aims to examine the reasons for managing the government of the Capital City of the Archipelago through the Authority Institution and its effect on the structure and authority of the regional apparatus of East Kalimantan Province. The implementation of the IKN government is carried out by the Authority which acts as an extension of the central government, allowing flexibility in the management and structure of the IKN area. The IKN Authority and the East Kalimantan Provincial Government have different but complementary authorities. To avoid conflicts due to potential overlapping policies, clear coordination and harmonization are needed so that both parties can carry out their duties effectively.]]>
