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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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Juridical Study of the 2024 Banjarbaru Regional Head Election Alivia S M Nur, Muh. Agus; Rustan, Ahmad; 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 Kennedy, Alexander; 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 Saimima, Judy Marria
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.
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 Hamdan, Riko; 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.

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