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[Juridical Analysis of Doctor's Criminal Liability in Medical Malpractice Cases ]]>
<![CDATA[Heru Cahjono]]>;
<![CDATA[Prija Djatmika]]>;
<![CDATA[Setiawan Noerdajasakti]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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<![CDATA[Medical malpractice is one of the crucial issues in the world of law and health because it involves patient safety and the criminal responsibility of medical personnel. In Indonesia, the complexity of proving the elements of negligence, the limitations of evidence, as well as the inconsistency between legal norms and professional ethics are the main challenges in enforcing the criminal liability of doctors. This study aims to analyse the criminal liability of doctors in medical malpractice cases, particularly the obstacles in proving the criminal element and its implications for criminal law reform in Indonesia. The approach used is normative juridical, through literature study, legislation, and analysis of court decisions. The results showed that proving the element of guilt in medical malpractice relies heavily on expert testimony and the judgement of professional institutions such as MKDKI and MKEK, which often leads to differences in legal interpretation. The case study of Tangerang District Court Decision No. 1324/Pdt.G/2021/PN.Tng highlights the weak integration between professional ethical mechanisms and the national criminal system. This research has implications for the need for regulatory reform through the establishment of a lex specialis regarding the criminal liability of medical personnel, as well as strengthening the application of restorative justice in medical dispute resolution. The originality of this research lies in the focus of juridical analysis on the obstacles to proving criminal elements and comparative application of law in the context of the Indonesian legal system, which so far has not been the main focus in the health law literature.]]>
<![CDATA[Legal Dimension in Waqf Governance: The Role of Compliance Mediation in The Influence of Human Resources Quality and Supervision on The Accountability of Waqf Institutions ]]>
<![CDATA[Grandis Imama Hendra]]>;
<![CDATA[Nur Asnawi]]>;
<![CDATA[Vivin Maharani Ekowati]]>
<![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.v24i2.6482
<![CDATA[This study aims to analyze the role of compliance mediation in influence of human resource (HR) quality and supervision on accountability of waqf institutions registered with the Indonesian Waqf Board (BWI). This study provides insight into how these factors interact to improve institutional accountability, which is an important element in maintaining public trust in waqf management. This study uses a quantitative approach with the Structural Equation Modeling-Partial Least Squares (SEM-PLS) method. Data were collected through a survey of 164 respondents consisting of stakeholders and practitioners at the Waqf Nadzir Institution. This model evaluates the direct and mediation relationships between variables. The results of the study indicate that the quality of human resources does not have a significant direct effect on the accountability of waqf institutions or on compliance. In contrast, supervision has a positive and significant effect on compliance and accountability. Compliance is proven to only mediate the relationship between supervision and accountability, but cannot mediate the relationship between the quality of human resources and accountability. This finding emphasizes the importance of effective supervision in improving institutional compliance and accountability. The quality of human resources in waqf institutions needs to be considered to improve the accountability of waqf institutions. The novelty of this study is to develop a theory of legitimacy in terms of the need for supervision in improving the accountability of waqf institutions mediated by waqf institution compliance.]]>
<![CDATA[Maswandi Criminal Liability For Corruption By Public Officials: Analysis Of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn: Criminal Liability For Corruption By Public Officials: Analysis Of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn ]]>
<![CDATA[Maswandi]]>;
<![CDATA[Nanang Tomi Sitorus]]>;
<![CDATA[Ariman Sitompul]]>
<![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.v24i2.6484
<![CDATA[Corruption committed by public officials is a serious violation of the integrity and trust of the public in the state administration. This study analyzes criminal liability for corruption perpetrators in their capacity as public officials through the case study of Decision No. 141/Pid.Sus-TPK / 2024 / PN Mdn. Juridical-normative approach and Decision Analysis become the basis in assessing how the application of criminal elements and the principle of responsibility. The results showed that public officials can be held criminally liable in full if proven to commit unlawful acts with awareness and bad faith. This decision confirms the importance of judicial independence in combating corruption.]]>
<![CDATA[Law and Investment Comparison in Australia, South Korea, and Indonesia ]]>
<![CDATA[Montayana Meher]]>;
<![CDATA[Ningrum Natasya Sirait]]>;
<![CDATA[Mahmuddin]]>
<![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.v24i2.6485
<![CDATA[This essay examines the legal and policy frameworks regulating foreign direct investment (FDI) in Australia, South Korea, and Indonesia by focusing on three key areas of law: national laws on foreign investment (including treaties), competition and consumer law, and anti-corruption law. These legal domains significantly influence the decisions and risk assessments of outbound investors. The study highlights how each country’s legal system—Australia’s common law versus South Korea’s and Indonesia’s civil law traditions—affects FDI regulation. It also contrasts developed (Australia and South Korea) and developing (Indonesia) economies, revealing distinct challenges and opportunities in attracting sustainable FDI. Comparative legal analysis is used to assess the effectiveness and limitations of existing frameworks, especially in the context of pre- and post-pandemic reforms. While Australia and South Korea are seen as stable and secure environments for investment, Indonesia, despite being high-risk, offers potentially higher returns. The essay argues that legal clarity and effective governance—especially in anti-corruption and competition regulation—play a critical role in fostering investor confidence. Using a normative legal research method with descriptive, analytical, and case study approaches, the essay concludes that comprehensive understanding of these legal areas is essential for minimizing investment risks and promoting sustainable FDI flows.]]>
<![CDATA[Reevaluating the -20° Astronomical Dawn Angle: An Islamic Jurisprudential and Astronomical Analysis of Subh Time Determination in South Sulawesi ]]>
<![CDATA[Wahidin]]>;
<![CDATA[Abd. Karim Faiz]]>;
<![CDATA[Muh. Rasywan Syarif]]>
<![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.v24i1.6486
<![CDATA[The -20o dawn standard that applies in Indonesia has become a problem when the results of observations and research show that the appearance of dawn with the -20o standard is considered too fast. Based on this, researchers in this study conducted dawn observations in South Sulawesi at Aparalang Cliff in Bulukumba. The purpose of this study is to describe the method and basis of the Ministry of Religious Affairs of the Republic of Indonesia regarding the determination of dawn -20o. Second, to analyse the data of dawn appearance in Aparalang Cliff, Bulukumba, South Sulawesi based on digital image instrument. Third, to analyse the variation of dawn data from the perspective of wadh'i law. This research method is qualitative with observation at Aparalang Cliff with location specifications -5o 32' 14" (South latitude) and 120o 25' 50" (East longitude). The research time was conducted in July 2023. The result of this research is the government's provision of the Sun's position -20o below ufuq refers to the opinion of Ibn Yunus during the time of Al-Biruni, 958-1009 AD. Observation of dawn conducted on the cliff aparalang bulukumba South Sulawesi dawn (astronomical twilight) can be seen when the sun position -18o below ufuq. Fajr prayer time with a standard of -20o as determined by the government through the Ministry of Religious Affairs of the Republic of Indonesia is contrary to the concept of Wadh'i Law because the cause of the law does not yet exist in the condition of -20o.]]>
<![CDATA[Implementation of the Principle of Proportionality in Criminal Sentencing in Indonesia ]]>
<![CDATA[Axl Mattew Situmorang]]>;
<![CDATA[I Gede Agus Kurniawan]]>;
<![CDATA[I Made Wirya Darma]]>
<![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.v24i2.6487
<![CDATA[This study aims to analyze the normative implementation of the principle of proportionality in the imposition of criminal penalties in Indonesia. The principle of proportionality is a fundamental concept in criminal law that requires the punishment imposed to be balanced and commensurate with the degree of fault and the impact of the criminal act committed. This research employs a normative juridical method with statute approach, conceptual approach, and legal doctrine approach. Data were collected through literature studies of relevant legislation, legal doctrines, and court decisions. The findings indicate that although the principle of proportionality has been regulated in various Indonesian laws and regulations, its application in criminal justice practice still faces several obstacles, such as judicial subjectivity and inconsistency in sentencing. Furthermore, cases have been found where the penalties imposed are disproportionate to the offender’s level of fault, potentially resulting in injustice. Therefore, this study recommends strengthening guidelines for applying the principle of proportionality within the criminal justice system, including training for law enforcement officers and the development of clearer and more measurable sentencing standards. It is expected that this research will contribute to the advancement of a more just and civilized criminal law system in Indonesia through the consistent and appropriate application of the principle of proportionality.]]>
<![CDATA[The Legality and Legal Validity of Online Auctions: A Normative Study in the Era of Public Service Digitalization ]]>
<![CDATA[Ni Komang Sri Oka Mariana Dewi]]>;
<![CDATA[I Gede Agus Kurniawan]]>
<![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.v24i2.6488
<![CDATA[This research examines the legality and legal validity of online auctions within the framework of applicable laws and regulations, and assesses its consistency with the principles of administrative law and legal protection for the parties. The purpose of this study is to analyze whether the implementation of online auctions has an adequate legal basis and how the formal and material validity of online auctions is normatively guaranteed. This research uses juridical-normative method with statutory approach and conceptual approach. The data analysis technique is carried out qualitatively by reviewing relevant laws and regulations, including the Minister of Finance Regulation (PMK), the Regulation of the Public Procurement Policy Agency (LKPP), and other technical regulations for the implementation of online auctions. The novelty of this research lies in the normative evaluation of the convergence between positive law and the rapidly growing practice of digital auctions. The results show that although the implementation of online auctions has been accommodated in a number of regulations, there are still lacunae of norms and inconsistencies between regulations that have the potential to cause legal uncertainty. On the other hand, the legal validity aspect of online auctions is still considered not fully fulfilling the principles of transparency, accountability, and legal protection for participants. This study recommends the establishment of special regulations regarding online auctions in the form of laws or at least comprehensive government regulations, in order to strengthen the legal basis and ensure certainty and justice in the practice of online auctions in the digital era.]]>
<![CDATA[The Existence of Pancasila as a National Legal Identity in the Midst of Globalization ]]>
<![CDATA[Joice Soraya]]>;
<![CDATA[Shohib Muslim]]>
<![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.v24i2.6489
<![CDATA[Pancasila, as the nation's foundation and source of all legal sources in Indonesia, plays a fundamental role in shaping the national legal identity. However, in the era of globalization, marked by the penetration of foreign legal values and liberalization across various sectors, the existence of Pancasila faces serious challenges both ideologically and normatively. This study aims to analyze how Pancasila remains relevant as the national legal identity in the face of globalization dynamics. The study employs a normative research approach using legal and philosophical frameworks. Data analysis is conducted qualitatively through a literature review of primary and secondary legal documents. The novelty of this research lies in its emphasis on the importance of repositioning the role of Pancasila not only as an ideological symbol but also as an operational principle in the formation and implementation of national law. The results of the study show that although globalization has an impact on the adaptation of the national legal system, the values of Pancasila can still serve as a solid foundation for the formulation of legal policies as long as there is a revitalization of understanding and institutional strengthening. The re-actualization of Pancasila values in national legal products has proven capable of filtering out global influences that are not in line with the character of the nation. This study recommends the need to strengthen Pancasila-based legal education, harmonize regulations with the noble values of the nation, and establish an ideological supervisory body to ensure that all laws and regulations are in line with Pancasila values as the national legal identity.]]>
<![CDATA[Comparison of Railway Regulations Between Indonesia and Japan from a Consumer Protection Perspective: What and How? ]]>
<![CDATA[Churniawan, Erifendi]]>;
<![CDATA[Ependi, Ahmad]]>
<![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.v24i2.6490
<![CDATA[This study examines the comparative regulatory framework governing the railway systems in Indonesia and Japan from the perspective of consumer protection. The research is grounded in the significance of ensuring quality public services in the railway transportation sector and the necessity of safeguarding consumer rights as service users. The primary objective of this research is to analyze the differences and similarities in railway regulations between Indonesia and Japan and to evaluate the extent to which consumer protection is accommodated within policy and implementation frameworks. This study employs a normative legal research method, utilizing a comparative law approach and a conceptual approach. Data analysis techniques include document review, statutory and regulatory analysis, and literature study related to transport regulation and public policy. The novelty of this study lies in its specific focus on consumer protection within railway transport regulation—an aspect that has rarely been studied comparatively between two countries with differing legal systems and infrastructure frameworks. The findings indicate that Japan has developed a more integrated consumer protection system, emphasizing service standards, compensation mechanisms, and operator accountability. In contrast, consumer protection in Indonesia remains general in nature and has yet to be regulated specifically within the railway sector. The study recommends that Indonesian policymakers strengthen railway regulations by explicitly incorporating principles of consumer protection and adopting best legal practices from Japan’s more consumer-oriented regulatory system.]]>
<![CDATA[Baselines Issues In Determining The Delimitation Of Indonesia's Maritime Boundaries With Neighboring States ]]>
<![CDATA[Evi Purwanti]]>;
<![CDATA[Radifan Anhari]]>
<![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.v24i2.6493
<![CDATA[Maritime boundaries play a strategic role in determining a state's sovereignty limits, managing natural resources, and maintaining national security and stability. The establishment of a baseline is a crucial element in maritime boundary delimitation, especially for archipelagic states such as Indonesia. This study aims to identify the legal effects of the baseline and analyze the challenges Indonesia faces in applying the maritime delimitation provisions under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Based on the analysis, the findings reveal two primary factors influencing Indonesia's application of baseline provisions under UNCLOS 1982. First, the supporting factors include: the legal certainty of a maximum 12-nautical-mile territorial sea; the legal guarantee for the exploration and exploitation of marine natural resources that better fulfills the element of equity for developing countries; and UNCLOS 1982’s flexibility in accommodating the geographical and geological uniqueness of coastal states through various baseline classifications and state types. Second, there are challenges in implementation, including: vague interpretations of several UNCLOS provisions, which lead to divergent state practices in drawing baselines; the absence of sanctions or formal reprimands for violations, leaving such deviations uncorrected unless resolved through international adjudication; and technical inconsistencies in determining maritime boundary coordinates, which complicate consensus between neighboring states. This study underscores the importance of adopting innovative legal approaches and enhancing coordination among national and international institutions to ensure the legitimate and sustainable enforcement of Indonesia’s maritime boundaries.]]>
