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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 1,631 Documents
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Analysis of the Preah Vihear Temple Dispute in the Perspective of International Law on the Acquisition of State Territorial Sovereignty Darminto Hartono; Anisyah Rani
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.v24i2.6495

Abstract

The Preah Vihear Temple dispute between Thailand and Cambodia is one of the most complex examples of border conflicts in Southeast Asia, which have lasted for more than six decades. The dispute stemmed from differences in interpretation of French colonial maps and claims of sovereignty over the area around the temple. The International Court of Justice (ICJ) in 1962 designated the Preah Vihear Temple as part of Cambodian territory, but tensions continued until finally in 2013, the ICJ reaffirmed Cambodia's sovereignty over the entire temple grounds. This study analyzes the dispute from the perspective of international law on the acquisition of territorial sovereignty, highlighting the principles of estoppel, acquiescence, and uti possidetis juris. It was found that settlement through international adjudication mechanisms provides strong legal legitimacy to Cambodia's claims, while affirming the importance of respect for the boundaries of colonial heritage in accordance with the principles of international law. This dispute also highlights the need to protect the world's cultural heritage in the midst of conflicts between countries.
Service Management in Non-Communicable Disease Prevention Regulations in the Perspective of Public Value Management (Study at Singosari Health Center Malang Regency) Athiyyah Putri Andini
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.v24i2.6501

Abstract

Management of non-communicable disease (NCD) prevention services is one of the major challenges in the current public health system, especially at the primary service level such as the Health Center at the Singosari Health Center, Malang Regency, various NCD prevention efforts have been carried out, but there is still a gap between program policies and their implementation in the field. This study aims to analyze management service prevention PTM in Health Center The Lion City Malang Regency through three main aspects: public value, legitimacy and support, and operational efficiency. This study uses a qualitative approach with a data collection method in the form of interviews which aims to gather information about the description of the implementation of disease prevention service management. The results of interviews with five informants showed that the community was quite satisfied with the services provided, especially screening and early detection. This program has received support from various parties, including the Health Office and local government. However, there are still challenges in the form of a lack of evaluation systems, limited facilities, and low public awareness. Strengthening cross-sector collaboration and utilizing technology is needed to increase the effectiveness of the program.
Criminal Responsibility for Perpetrators Distributing Content Electronic Gambling (Analysis of Decision Number: 367/ Pid.Sus /2025/Pn. Mdn) Riswan Munthe
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.v24i2.6502

Abstract

Study This to describe related problem gambling that focuses on regulation offense load gambling based on regulation legislation in Indonesia and Accountability criminal for perpetrator distribute gambling through Electronic analysis decision number : 367/ Pid.Sus /2025/ PN . Mdn ). The research method used namely type study legal normative , so the data used is secondary data , and do data analysis with qualitative . Based on results found that arrangement offense load gambling based on regulation legislation in Indonesia , namely load gambling has regulated in the Criminal Code and Law Law No. 7 of 1974 concerning Orderliness Gambling , if offense gambling normal . As well as Article 27 paragraph (2) of the Law Republic of Indonesia Number 1 of 2024 Concerning Change Secondly , under the Law Republic of Indonesia Number 11 of 2008 Concerning Information and Transactions Electronics . Accountability criminal for perpetrator distribute gambling through Electronic based on analysis decision number : 367/ Pid.Sus /2025/PN. Mdn ) namely accountability criminal has fulfil elements , which are the perpetrators proven without right distribute , transmit and or make can accessible information electronics and or document electronics that have load gambling so that element the has fulfilled and has been dropped punishment criminal in accordance Article 27 paragraph (2) in conjunction with Article 45 paragraph (3) of the Law Republic of Indonesia Number 1 of 2024 Concerning Change Secondly , under the Law Republic of Indonesia Number 11 of 2008 Concerning Information and Transactions Electronic has fulfilled , and stated has proven in a way valid and convincing do act criminal gambling
Negotiating Tradition: The Role of the Uma in the Kinship Structure of the Mentawai People in Pasakiat Taileleu Melania; Maria Montessori; Isnarmi; Susi Fitria Dewi
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.v24i1.6503

Abstract

This research aims to analyze the existence of uma in the community kinship system in Taileleu, describe the taileleu community's response to the existence of uma in culture for daily life, identify the effo rts of the younger generation to preserve uma in Mentawai culture. The method used in this research is qualitative. Informants in this study amounted to 20 people who were selected by porposive sampling. Data collection techniques are observation, interview and documentation study. The data validity test uses the source triangulation method. The results showed that the existence of uma in the kinship of the taileleu community can be seen from the spiritual function that each side of the uma has a spirit, 1. Orat, 2. bakkat katcaila, 3. Ngong, 4. Abu, 5. Baibajat, 6. Salipak, 7. Tuddukat. Social function 1. To gather in planning a traditional party, 2. As a place to live for some family members, especially the rimata or elders, 3. As a means of traditional parties. Uma as a place to store food such as taro, bananas, sago, and the results of hunted pigs and the results of traditional parties that are salted. In the taileleu community's response to the existence of uma in Mentawai culture for daily life, 1. Uma is still needed, 2. Uma needs to be preserved, 3. Local government attention is needed in preserving uma. Efforts to involve the younger generation to preserve uma in Mentawai culture, 1. Participate in repairing uma that have been deer.
Analisis Keputusan 80PDT.G2018PN.DPS Nominee & Perjanjian Penanaman Modal Asing di Indonesia Weny Ramadhania Ramadhania; Piramitha Angelina; Sandy Kurnia Christmas Christmas; Yudith Evametha Vitranilla Vitranilla; Muhammad Fadhly Akbar Akbar
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.v24i2.6506

Abstract

This article examines Denpasar District Court Decision No. 80/Pdt.G/2018/PN Dps relating to nominee agreements in collaboration at Bali Restaurants involving foreigners and Indonesian citizens which focuses on problems arising from the existence of a Nominee Agreement in terms of Foreign Investment in Indonesia as well as the application of law in Investment Foreigners comply with the legal certainty of investing, therefore the aim of this article is to provide an overview and analysis of these two aspects. This article uses a normative approach by analyzing secondary data qualitatively. The result of the article is that Decision No. 80/Pdt.G/2018/PN Dps has prohibited the use of Nominee Agreements in Foreign Investment in order to maintain transparency and a fair investment climate. The ruling confirms the Nominee Agreement prohibition for the sake of legal certainty in foreign investment, and the government is committed to regulatory compliance to support sustainable economic development. Therefore, as a legal product, foreign investment is required to comply with Indonesian investment law in accordance with Denpasar District Court Decision No. 80/Pdt.G/2018/PN.DPS, and the judge emphasized the obligation of Foreign Investment to comply with investment law provisions, reflecting the application of legal certainty in investing in Indonesia
Immunity of Advocates In The Criminal Investigation Process: Balancing Professional Ethics and Law Enforcement Bhat, Manoj; Taufik, Moh.; Marwiyah, Siti
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.v24i2.6507

Abstract

The purpose of this study is to analyze the limits of advocate immunity in the criminal investigation process in Indonesia according to positive law and professional ethics, and to examine efforts to achieve a balance between the protection of the advocate profession and law enforcement through the application of professional ethics. This study uses a normative legal method with a statutory, conceptual, case, historical, and comparative approach through literature studies and descriptive-qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study indicate that advocate immunity in the criminal investigation process in Indonesia is a form of legal protection that is limited and depends on good faith, namely as long as the advocate's actions are carried out professionally, honestly, and in accordance with the law and the professional code of ethics, then he cannot be punished; however, if the advocate exceeds these limits, the advocate can still be held criminally responsible, so that the balance between professional protection and law enforcement can only be achieved through the application of firm, consistent, and adaptive professional ethics as a moral guideline as well as a control mechanism to maintain the integrity of the profession and prevent the abuse of immunity in legal practice
Reconstruction of Consumer Protection Law in the Digital Era: A Legal Responsiveness Perspective Haryanti, Tuti
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.v24i2.6509

Abstract

Law Number 8 of 1999 concerning Consumer Protection (UUPK) has served as the legal foundation for consumer protection in Indonesia for over two decades. However, in practice, various issues continue to arise, particularly concerning the misalignment between existing regulations and the rapid development of digital technology, the complexity of electronic transactions, and the weak enforcement mechanisms against business actors. This article aims to examine the urgency of reconstructing the UUPK through the lens of the theory of legal responsiveness, which emphasizes the adaptability of law to social and economic dynamics. This study employs a normative juridical method with a conceptual and legislative approach. The novelty of this study lies in its theoretical perspective, using legal responsiveness as the basis for proposing reforms to the UUPK, rather than merely offering normative-technical corrections. The findings suggest that reforming the UUPK must address institutional structures, the expansion of digital consumer rights, and the strengthening of enforcement through administrative sanctions and digital governance instruments. The conclusion recommends a comprehensive redrafting of the UUPK to make it more responsive to social, technological, and economic changes, and aligned with adaptive and progressive principles of universal consumer protection.
Revisiting the Concept of Being: A Comparative Analysis of Heidegger and Eastern Philosophical Thought Tita Rostitawati; Ferlin Anwar; Aminudin
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.v24i2.6511

Abstract

This research aims to revisit the concept of Being(exists) through a comparative approach between MartinHeidegger's philosophy and Eastern philosophicalthought, particularly the Vedanta and Taoist traditions.Heidegger, in his work Being and Time, criticizedWestern metaphysics that forgot the question ofexistence (Seinsfrage) and proposed an existentialunderstanding of Being through Dasein's concept. Incontrast, Eastern thought has traditionally emphasized the non-dualistic and intuitive dimensions of existence,as reflected in the concept of Brahman in Vedanta and Dao in Taoism. This study uses the qualitative literature review method with a philosophical hermeneutic approach to examine the ontological and epistemological structures in both traditions. The results of the analysis show that despite coming from different cultural and linguistic contexts, Heidegger and Eastern thought share similarities in criticizing the objectification of reality and emphasizing the subject's existential involvement in uncovering the meaning of Being. These findings open up spaces for dialogue across philosophical traditions and offer an alternative perspective to a more holistic and transcendent ontological understanding.
Challenges in Enforcing Surrogate Agreements and Surrogate Mothers in Indonesia Muhamad Wahyudin; Zakaria Syafe’i; Muhammad Ishom
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.v24i2.6512

Abstract

This study discusses the legal challenges in the practice of surrogacy in Indonesia from the perspective of positive law and maqāṣid syarī‘ah. The background to the issue stems from the increasing need of infertile couples for alternative reproductive technologies, while regulations in Indonesia still prohibit and have not comprehensively regulated this practice. Surrogacy is considered socially taboo and contrary to religious values, thereby creating a legal vacuum that poses risks to all parties, especially the child and the surrogate mother. The methodology used is a legal-normative and sociological approach, with the main theories being contract law, the principle of ijarah, and maqāṣid syarī‘ah. A comparison is made with Iran’s legal system, which regulates surrogacy through state-recognized contractual mechanisms, unlike Indonesia, which remains restrictive. The research findings indicate that the absence of explicit regulations in Indonesia creates legal uncertainty, opens the door to exploitation, and fails to guarantee the rights of children and surrogate mothers. Conversely, Iran has established strict yet clear legal and religious requirements, thereby providing legal certainty and better protection. The discussion addresses five research questions and demonstrates that the ban on surrogacy in Indonesia contradicts medical realities and societal needs. This study recommends a contract model based on maqāṣid syarī‘ah and the principle of ijarah, which is non-commercial in nature, to bridge the gap between positive legal requirements, religious values, and technological developments. In conclusion, Indonesia needs responsive, ethical, and religiously-based surrogacy regulations to prevent exploitation and ensure justice for all parties involved.
ACTUALIZATION OF BANK PRINCIPLES OF PRECAUTION IN AN EFFORTS TO PROTECT CUSTOMERS AGAINST SOCIAL ENGINEERING BANKING CRIME MODES I Made Aditya Mantara Putra; Johannes Ibrahim Kosasih; I Nyoman Sukandia; AA Ngr Mayun Narindra
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.v24i1.6515

Abstract

This study is based on the increasing cases of socialengineering fraud in the banking sector that threatencustomer security. The urgency of this study lies in theneed to understand how the bank's precautionaryprinciple can be actualized to protect customers fromincreasingly sophisticated crime modes. The purpose ofthis study is to analyze the application of theprecautionary principle in customer protection effortsand to identify steps that can be taken by banks to reducethe risk of such crimes. The research method used is anormative method supported by empirical data. Empiricaldata were collected through in-depth interviews withbank management, namely at PT. Bank BRI DenpasarRenon Branch and PT. Bank BPD Bali Denpasar Branch.The results of the study indicate that although banks haveimplemented several precautionary principles, there arestill gaps in their implementation that can be exploited bycriminals. This study found that customer education andimproving digital security systems are important stepsthat need to be taken to strengthen customer protection.The output of this study is expected to provide practicalrecommendations for banks in optimizing the applicationof the precautionary principle and increasing customerawareness of the potential risks of social engineeringcrimes. In addition, the results of this study can also be areference for better banking policies in protectingcustomers in the digital era

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