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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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Providing Legal Protection for Holders of Electronic Land Certificates Dini Ernawati, Asri Wijayanti, Fajar Rachmad Dwi Miarsa
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.v24i2.6471

Abstract

Digital transformation in Indonesia’s land administration is being realized through the implementation of Electronic Land Certificates, aiming to enhance efficiency, transparency, and legal certainty. This study explores the evidentiary strength and legal protection afforded to holders of electronic land certificates. Using a normative legal approach, the analysis draws on relevant legal frameworks, including the Electronic Information and Transactions Law, the Consumer Protection Law, and Ministry Regulation No. 3 of 2023 of the National Land Agency/Agrarian Affairs and Spatial Planning. The findings indicate that electronic land certificates are legally valid as evidence in court, safeguarded by data security regulations, and supported by encryption technologies, electronic signatures, and QR codes. Legal protection is provided through both preventive and repressive measures, covering rights to information, personal data security, and dispute resolution mechanisms. However, several challenges persist, especially in regard to digital literacy and infrastructure, and system integration. In conclusion, the successful adoption of electronic land certificates depends on regulatory coherence, technological readiness, and active public participation to establish a secure and reliable digital land administration system
The Impact of Song Piracy on Digital Platforms on the Income of Indonesian Artists Iskandar, Iskandar
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.v24i1.6472

Abstract

The advancement of digital technology has facilitated music access through various platforms but also presents a significant challenge in the form of song piracy, which greatly impacts the income and career sustainability of Indonesian artists. This study employs a qualitative approach with normative analysis of copyright regulations, music industry reports, and secondary data to identify the impacts and driving factors of piracy and to formulate strategic steps to address it. The findings reveal that song piracy reduces royalties, diminishes the commercial appeal of artists, and is exacerbated by low public awareness, weak law enforcement, and ineffective copyright protection mechanisms on digital platforms. This study recommends synergy between the government, digital platforms, and the public through education, stricter law enforcement, and innovation to create a safer and more sustainable music ecosystem.
Digital Optimization of Productive Waqf Management for the Economic Empowerment of the Ummah: A Case Study in Semarang City Fawaid, Bahrul; Subchan Mauludin, Mochamad
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.v24i1.6473

Abstract

Waqf plays a significant role in social and economic development, particularly in Muslim-majority countries like Indonesia. However, its utilization remains limited to traditional sectors such as places of worship and education, while its potential for economic activities remains underdeveloped. This study aims to explore the management of productive waqf in Semarang City through Islamic financing and digitalization approaches. This research employs a qualitative method with a normative-empirical approach, analyzing waqf regulations and the implementation of digitalization. The results show that out of 2,175 waqf land plots in Semarang, the majority are not yet managed productively. Islamic financing models such as ijarah, musyarakah, and cash waqf can be applied to optimize waqf utilization. Additionally, digitalization facilitates collaboration between waqif, nazhir, and investors, enhancing transparency and management efficiency. In conclusion, with Islamic financing models and digitalization, the potential of productive waqf in Semarang City can be optimized, providing a positive impact on societal welfare and economic empowerment.
Tax Court in Indonesia: System and Principles of Rechmatigheid and Doelmatigheid Testing Brilian Muhammad, Adib; Mastur; Widiastuti, Arum
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.v24i1.6474

Abstract

The Tax Court is defined as a judicial institution with legal authority as per Law Number 14 of 2002. However, upon closer examination, there are two judicial systems in various legal countries: the unity of jurisdiction, which is adopted by rule of law countries, where only one set of courts exists without recognizing the existence of administrative courts (including tax courts), and the duality of jurisdiction, which recognizes the existence of administrative and state administrative courts. These two systems not only differ in the organizational structure of the courts but also in legal substance and procedural law. In Indonesia, research shows that the judicial system is unique. When viewed from the perspective of the court's organizational structure, it is closer to the unity of jurisdiction system, but in terms of court principles or dispute resolution procedures, it aligns more with the duality of jurisdiction system. Therefore, the author concludes that Indonesia's judicial system is a mixed system.
Juridical Analysis of Doctor's Criminal Liability in Medical Malpractice Cases Cahjono, Heru; Djatmika, Prija; Noerdajasakti, Setiawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

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.
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 Imama Hendra, Grandis; Asnawi, Nur; Ekowati, Vivin Maharani
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.v24i2.6482

Abstract

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.
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 Maswandi; Nanang Tomi Sitorus; Ariman Sitompul
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.v24i2.6484

Abstract

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.
Law and Investment Comparison in Australia, South Korea, and Indonesia Montayana Meher; Sirait, Ningrum Natasya; Mahmuddin
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.v24i2.6485

Abstract

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.
Reevaluating the -20° Astronomical Dawn Angle: An Islamic Jurisprudential and Astronomical Analysis of Subh Time Determination in South Sulawesi Wahidin; Abd. Karim Faiz; Muh. Rasywan Syarif
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.v24i1.6486

Abstract

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.
Implementation of the Principle of Proportionality in Criminal Sentencing in Indonesia Situmorang, Axl Mattew; Kurniawan, I Gede Agus; Darma, I Made Wirya
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.v24i2.6487

Abstract

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.

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