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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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Urgency of Legal Regulation on Inventory Financing in Peer-to-Peer Lending to Provide Legal Protection for Lenders in Indonesia Faisal Santiago
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.v24i2.6542

Abstract

This study discusses the urgency of legal regulation of inventory financing in peer-to-peer (P2P) lending practices in Indonesia, especially in providing legal protection for lenders as lenders. Although P2P lending has been regulated in POJK No. 77/POJK.01/2016, there is no specific regulation governing inventory financing as a form of collateral, thus creating a legal vacuum that may cause risks and losses for lenders. The study uses a normative juridical method with a statutory and conceptual approach to analyze related legal aspects. The study results indicate the need for the formation of comprehensive regulations that regulate the mechanism for charging, recording, and executing inventory collateral, as well as strengthening the role of the Alternative Dispute Resolution Institution (LAPS) as an effective dispute resolution solution. Legal certainty is expected to increase lender trust, maintain the stability of the fintech platform, and encourage the growth of the national digital economy
Norm Formulation of Special Requirements for the Establishment of Houses of Worship in Indonesia (Analysis of Natural Law Theory and the concept of Local Wisdom) Supeno, Supeno
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.v24i2.6549

Abstract

Since 2006, a Joint Decree of 2 (two) Ministers has beenenacted to regulate the establishment of houses ofworship in Indonesia, where one of the articles regulatesthe special requirements for the establishment of housesof worship, but the formulation of special requirementsfor the establishment of worship has caused variousprolonged horizontal conflicts in the midst of society soas to damage inter-religious harmony that has been wellmaintained, The purpose of this study is to examine theformulation of rules on special requirements for theestablishment of houses of worship associated withaspects of human rights and aspects of local wisdom, Theresearch method used is juridical-empirical researchusing socio-legal research approach, legislative approach,case approach and theoretical approach, after analysisusing the theory of natural law and the concept of localwisdom, the research results show that the formulationof norms on special requirements for the establishment ofhouses of worship is contrary to the basic principles ofhuman rights and contrary to the laws and regulationsin Indonesia, the formulation of special requirements isalso contrary to the concept of local wisdom of theIndonesian people as a reflection of the living law.
Informal Constitutional Change in Indonesia Wachid Nugroho; Satya Arinanto; John Pieris; Fauzan
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.v24i2.6550

Abstract

The interpretation of the constitution by the Constitutional Court marks the occurrence of informal changes to the constitution as a result of the dialectic between the constitutional document (the 1945 Constitution) and certain primary forces of constitutional change. This study employs four approaches: the conceptual approach, the statutory approach, the case approach, and the comparative approach. This study concludes that several articles in the 1945 Constitution, following the amendments, have changed ius constituendum, as the norms that apply as ius constitutum are those that have evolved through the method of constitutional interpretation by the Constitutional Court. It is this ius constitutum that functions as a quasi-constitution.
Reformulating the Policy of Chemical Castration for Child Sexual Offenders: Ensuring Legal Certainty for Medical Practitioners Zefanya Angelica Situmeang; Handar Subhandi Bakhtiar
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.v24i2.6556

Abstract

Chemical castration for perpetrators of sexual violence against children has been legalized through Law Number 17 of 2016 and Government Regulation Number 70 of 2020 as an additional sanction in the Indonesian criminal justice system. However, the implementation of this policy continues to spark debate, particularly in terms of medical professional ethics. This study aims to examine the differences in the application of chemical castration in Indonesia and several other countries, as well as to provide policy recommendations that ensure legal protection for medical personnel. The research method used is normative juridical with a comparative approach. The findings indicate that several countries have implemented chemical castration as a voluntary therapeutic measure with medical and psychiatric supervision. Therefore, a reformulation of chemical castration policy in Indonesia is necessary—one that emphasizes a therapeutic approach, ensures ethical and legal protection for doctors, and involves informed consent from the perpetrator.
The Provision of Licensed Financial Technology Lending From The Perspective of Cyber Law and Criminal Law in Indonesia Karo Karo, Rizky; Prasetyo, Teguh
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.v24i2.6559

Abstract

This study undertakes an examination of the enforcement of legal provisions pertaining to licensed Financial Technology (FinTech) Lending, specifically from the vantage point of cyber law and criminal law. Furthermore, this article aims to provide an analytical framework and to educate users of FinTech lending regarding the legal liabilities that arise under both cyber law and criminal law within this domain. This research employed a normative juridical approach. The study exclusively utilized secondary data, comprising the 1945 Constitution, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 regarding Information and Electronic Transactions (the ITE Law), and Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (IL 4/2023). This data underwent a qualitative analysis. FinTech lending providers bear criminal liability should they be found to have committed criminal acts under the Electronic Information and Transactions Law (UU ITE). It is therefore incumbent upon these providers to conduct their electronic operations in strict adherence to the principles of cyber law. Furthermore, the Financial Services Authority (OJK) is empowered to impose administrative sanctions upon FinTech lending providers proven to have misused personal data, in accordance with Indonesia Law Number 4 of 2023
Legal Foundation for the Establishment of General Procurement Guidelines for Goods and/or Services in Regional Government-Owned Enterprises (BUMD) to Realize Legal Certainty Anjas Mega Lestari; Budi Santoso; Amelia Sri Kusuma 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.v24i1.6561

Abstract

Regional Government-Owned Enterprises (BUMD) are established not only to develop regional economies but are also expected to meet community needs by providing goods or services according to the needs and characteristics of the respective regions while considering the potential of the region itself. To fulfill these objectives, BUMD are managed based on good corporate governance principles, and in running their business and supporting operations, they cannot be separated from activities to procure goods and services. This research is compiled to analyze the legal foundation for establishing general procurement guidelines for goods and/or services in BUMD to realize legal certainty. This research concludes that the regulation of general procurement guidelines for goods/services in BUMD is urgently needed. The need for such regulation is based on philosophical, juridical, sociological, political, ecological, economic, and cultural arguments, so that with the existence of guidelines from the central government, it is expected that the implementation of procurement of goods and services in BUMD can be realized in accordance with the purpose of its establishment and to end regulatory disharmony at the regional level so that legal certainty can be achieved.
State Responsibility for Fulfilling the Right to Basic Education Facilities Based on Human Rights Henry Marijes Sopacua
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.v24i2.6563

Abstract

Basic education is a fundamental and non-negotiable human right. This right is universally recognized by various national and international legal instruments, including the 1945 Constitution, ICESCR and CRC. The state has the primary obligation to respect, protect and fulfill the right to basic education, including in terms of providing educational facilities. This study aims to examine the form of state responsibility in fulfilling the right to basic education facilities from a human rights perspective, and to analyze the factors that influence it. The research method used is normative juridical with a qualitative approach to legislation, international legal documents, and academic literature related to human rights and education. The results show that despite the existence of a fairly strong legal framework, the implementation of state responsibility still faces various obstacles. The inhibiting factors include the vagueness of legal norms related to the definition of adequate education facilities, inequality in the distribution of education budgets, geographical challenges in remote areas, local social and cultural values, and weak governance and inter-agency coordination.
Contextual Fiqh Paradigm in Determining the DSN-MUI Fatwa on Non-Cash Gold Purchase and Sale (Abdullah Saeed's Ethico-Legal Value Hierarchy Approach) Achmad Nursobah; Abu Hapsin; Mahsun; Muhajir
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.v24i2.6564

Abstract

This article examines the use of a hermeneutical approach in the process of istinbat (legal reasoning) by the National Sharia Council–Indonesian Ulema Council (DSN-MUI), with specific reference to Fatwa No. 77/DSN-MUI/V/2010 concerning non-cash gold trading. The fatwa has generated scholarly debate, as it permits transactions seemingly contrary to hadiths mandating immediate exchange for ribawi commodities. The study adopts Abdullah Saeed’s contextual hermeneutics, emphasizing implementational values and socio-historical context in interpreting Islamic legal texts. By integrating ethico-legal principles and the objectives of Islamic law (maqasid al-sharia), DSN-MUI engages in a structured hierarchy of values and applies usul al-fiqh methodologies to address contemporary economic challenges. While some critics argue that the fatwa diverges from a strict textualist reading of hadith, the DSN-MUI’s contextual approach demonstrates normative adaptability without compromising sharia principles. This approach responds to emerging financial realities, such as digital transactions, while upholding the public interest (maslahah). The study highlights the significance of hermeneutical methods in balancing the authority of religious texts with the evolving needs of society, and affirms the DSN-MUI’s strategic role in shaping progressive and globally responsive Islamic economic jurisprudence.
Reformulation of Nominee Agreement Policy in Agrarian Law as an Effort to Harmonize Freedom of Contract with Restrictions on Foreign Land Ownership Gunawan
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.v24i2.6566

Abstract

The practice of nominee agreements in land ownership by foreign nationals in Indonesia has given rise to a conflict between the principle of freedom of contract in the Civil Code and the principle of agrarian sovereignty in the Basic Agrarian Law. This inconsistency has created legal uncertainty, legal loopholes, and unequal protection for the parties to the agreement. The impact is evident in the prevalence of land disputes and the weak protection of local communities as nominees. This study aims to analyze the normative contradiction between freedom of contract and the prohibition of land ownership by foreigners, and to formulate a model of legal harmonization that ensures legal certainty and agrarian sovereignty. The method used is normative legal analysis, employing an approach that examines regulations, legal principles, and court rulings. This study finds that the practice of nominee agreements in foreign land ownership in Indonesia creates a conflict between the principle of freedom of contract and the principle of agrarian sovereignty. This leads to legal uncertainty, legal evasion, and the risk of exploitation of strategic resources. To address this, legal harmonization is needed by affirming the supremacy of the UUPA and strengthening regulations prohibiting nominee agreements, accompanied by verified green investment schemes.
Exploring the Theory of State Sovereignty over Stratatitle and Marine Cadastre Regulations as Instruments for Protecting Spatial Rights Isep H Insan; Nazaruddin Lathif
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.v24i2.6569

Abstract

The urgency of regulating strata title and marine cadastre in Indonesia is increasingly important in line with rapid urbanization and the need for sustainable marine spatial management. This study aims to analyze the application of state sovereignty theory in the regulation of vertical and marine space, as well as to propose a more comprehensive and integrated legal framework. This approach is expected to identify normative solutions to strengthen the protection of rights to space and prevent ownership conflicts or regulatory overlaps. Through this study, it is hoped that clearer and fairer regulations on the utilization of vertical and marine space in Indonesia can be achieved. The research method used is normative juridical, analyzing legislation, legal doctrines, and state sovereignty theory to explore existing legal gaps and regulatory fragmentation. This study finds that state sovereignty plays an important role in the regulation of vertical and maritime space through regulations that ensure space management is carried out in an orderly, fair, and sustainable manner. Through the Marine Cadastre, the state can strengthen legal certainty and marine spatial management in accordance with national policies outlined in Law No. 32 of 2014 on Marine Affairs. Despite challenges in implementation, effective coordination among government agencies and international cooperation are essential to support sustainable development and the protection of natural resources.

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