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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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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.
The Preferential Concept of Pro bono Publico as a Guarantee of Legal Certainty of Copyright Waqf in the perspective of Indonesian Law Denny, Denny Surya Sentosa; Siti Rodiah, Siti Rodiah; Utari Dewi Fatimah
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.v24i2.6331

Abstract

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.
The Existence of General Principles of Good Governance Regarding Discretion in the Implementation of Regional Government Lubis, Anggreni Atmei
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.v24i2.6337

Abstract

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.
Dynamics of Fatwa DSN-MUI on Financing Products at Shari’ah Financial Institutions (LKS) from 2010 to 2021 Ahmad Satiri; Beni Ahmad Saebani; Ah. Fathonih; Ending Solihuddin
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.v24i2.6338

Abstract

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.
Joint Property Rights Related to Intellectual Property Rights in the Perspective of Islamic Family Law Haq, Miftahul; Arisman; Nasution, Syamruddin
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.v24i2.6343

Abstract

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.
Legal Protection of Endangered Wildlife in Indonesia: Analysis of Verdict No. 185/Pid.B/LH/2020/PN.Bon under the Conservation Law wiyono, bambang
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.v24i2.6348

Abstract

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.
Legal Protection of Inventors on Patent Rights for Defense and Security Equipment Within the Indonesian National Army Ateng Karsoma
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.v24i2.6375

Abstract

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.

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