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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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Interfaith Heirship in Islamic Jurisprudence: Exploring Ijtihad Approaches in Contemporary Legal Reforms Basarudin; Oyo Sunaryo; Fauzan Ali Rasyid
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.v24i2.6571

Abstract

This study explores the complex issue of interfaith heirship within the framework of Islamic jurisprudence, focusing on contemporary efforts to reinterpret traditional doctrines through ijtihad. Classical Islamic law generally prohibits non-Muslim heirs from inheriting from Muslim relatives, a stance rooted in historical socio-religious contexts. However, in response to evolving pluralistic societies and the growing demand for legal inclusivity, contemporary Muslim scholars and legal reformers have initiated various ijtihad-based approaches to reassess this prohibition. Employing a qualitative normative legal method, this research examines key classical texts, modern fatwas, and statutory reforms in selected Muslim-majority countries. The findings reveal a dynamic spectrum of scholarly opinions, ranging from strict adherence to traditional rulings to more progressive reinterpretations that emphasize maqasid al-shariah (the objectives of Islamic law), particularly justice, family unity, and human dignity. The study concludes that while doctrinal tensions remain, ijtihad presents a legitimate and evolving mechanism to harmonize Islamic inheritance law with contemporary legal and social realities, thereby promoting more inclusive and contextually responsive interpretations.
Reformulation of the Mechanism for Imposing Criminal Sentences for Narcotics Crimes in Indonesia Iqbal Taufik; Muhammad Irham; Nasarudin Tianotak; Andres Deny Bakarbassy
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.v24i2.6572

Abstract

Equality before the law, in its implementation, does not only refer to the actions of the state toward its citizens, but also to actions that aim to ensure legal certainty based on justice. Equality in legal protection and law enforcement for victims of narcotics crimes has not yet been reflected in any tangible form of implementation. Fair sentencing in narcotics-related crimes has become more of a slogan for the public rather than a reality for individuals who are subjected to the death penalty for narcotics abuse. Through normative legal research, it was found that the presence of Ad Hoc judges as assessors and final decision-makers on the recommendations of the integrated assessment team for rehabilitation reflects justice based on the principle of equality before the law in handling victims of narcotics crime.
Tirkah Negotiation: A Social Interpretation of Pension Salaries on Inheritance Practices in Situbondo District Ishaq; Khoirul Hadi Al Asyari; Moh. Wasik; Moh. Faiq Rafiul Anshary; sugianto; Muhammad Kadafi Bashori
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.v24i2.6577

Abstract

This study examines how the Situbondo Muslim community negotiates the meaning of tirkah (inheritance property) in the context of pension salaries, which administratively can only be disbursed by legal spouses, while other heirs often do not get equal access. Problems arise when inheritance in the form of pension salaries creates tension because there is no standardized agreement on its status as part of the tirkah. The purpose of this study is to understand how social interpretations of pension salaries are shaped, negotiated and enacted in local inheritance practices. This research used a qualitative approach with ethnographic type, involving ten informants consisting of civil servants, ulama, bureaucrats, and intellectual youth. Data collection techniques were conducted through observation, in-depth interviews, and documentation, using purposive sampling techniques. Data analysis used the Miles and Huberman interactive model, with a descriptive approach. The results show that pension funds are understood differently in Islamic law and positive law; Islam considers it part of tirkah if it comes from the right of the heir, while positive law stipulates it as the right of the legal spouse. The views of contemporary scholars also vary; some consider it inheritance, while others see it as a grant. In Situbondo, the community interprets pension funds socially through family deliberation, emphasizing justice and benefit, so the distribution of inheritance is flexible and contextual
Fulfillment of the Right to Education in Border Areas: A Juridical Review of the Implementation of the Right to Basic Education in Temajuk District, Sambas Regency Itasari, Endah Rantau; Anhari, Radifan
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.v24i2.6585

Abstract

This study explores the fulfillment of the right to basic education in Temajuk Subdistrict, a border area in West Kalimantan, Indonesia. Despite strong legal frameworks such as the 1945 Constitution, Law No. 20 of 2003, and international commitments under the ICESCR, the actual implementation faces significant challenges. Using a combined normative and empirical juridical approach, the research analyzes regulations and incorporates interviews with local stakeholders. Findings show limited educational facilities serving approximately 2,687 residents, poor infrastructure, inadequate supporting resources, and difficult access due to challenging geography and transportation. High teacher turnover and a curriculum misaligned with local needs further hinder education quality. Additionally, the lack of specific regional regulations and weak coordination among agencies obstruct effective policy execution. The study highlights the urgent need for targeted government intervention, improved infrastructure, better teacher support, localized curricula, and strengthened inter-agency collaboration. Enhancing government responsiveness and involving local communities are essential to achieving equitable, quality education in Temajuk and fulfilling Indonesia’s constitutional and international educational obligations in border areas.
A Culture and Coercion in Context: A Case Study of the Trafficking of Women in Indramayu Nining; Riyady, Slamet
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.v24i2.6587

Abstract

This study examines the phenomenon of female trafficking in Indramayu within the framework of interactions between local culture and economic compulsion. Indramayu is known as one of the regions with a high rate of female migrant worker deployment, some of whom become entangled in human trafficking practices. The aim of this research is to understand how cultural values, economic pressures, and weak legal protections contribute to this cycle of exploitation. Using a qualitative approach and case study method, data were collected through field observations and document analysis. The findings reveal that female trafficking in Indramayu is driven not solely by economic factors, but also by social norms that tolerate or even support the migration of women abroad for livelihood reasons. Within a context of limited options and deeply rooted gender inequality, women often lack full agency over their migration decisions. This study highlights the importance of policy interventions that go beyond economic aspects, advocating instead for cultural transformation and the strengthening of protections for women's rights.
Implementation of the Collaborative Governance Model in Disaster Mitigation: A Process Analysis of the Regional Disaster Management Agency (BPBD) of Batu City Wijayanto, Denis; Sjamsuddin, Sjamsiar; Suryadi, Suryadi
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.v24i1.6591

Abstract

Collaborative governance has become a crucial paradigm in complex disaster management, yet its implementation at the local level in Indonesia still faces various challenges. This study aims to comprehensively analyze the collaborative governance process in disaster mitigation management orchestrated by the Regional Disaster Management Agency (BPBD) of Batu City. Using a qualitative case study approach and the theoretical framework of the collaborative process by Ansell and Gash (2007), this research dissects the dynamics of cross-sectoral interactions. Data were collected through in-depth interviews with 13 key stakeholders from BPBD, related Regional Government Organizations (OPD), the Indonesian Red Cross (PMI), and the Disaster Risk Reduction Forum (FPRB), as well as through observation and document analysis. The findings reveal that the collaboration process in Batu City substantively operates through the five dimensions of the Ansell and Gash model: (1) Face-to-Face Dialogue is institutionalized through formal forums and accelerated by informal digital platforms; (2) Trust Building is catalyzed by facilitative leadership and intensive communication; (3) Commitment to the Process is manifested through routine activities and strong community participation; (4) Shared Understanding has been established at the community level but remains hindered by sectoral egos at the OPD level; and (5) Intermediate Outcomes, such as the formation of an active FPRB and shared knowledge products, have strengthened the legitimacy and momentum of the collaboration. This study concludes that while the collaborative model is effective at the operational and community levels, structural challenges at the bureaucratic level, particularly sectoral egos and human resource capacity gaps, are major impediments. The contribution of this article is to provide empirical validation and elaboration of the Ansell and Gash model in the Indonesian disaster context and to offer policy recommendations for strengthening local disaster governance. ‎
Implementation of East Sumba Regent Regulation Number 33 of 2023 on Educational Services for Belief in God Almighty in Educational Units Makatehu, Umbu Damu; Putra, Fadillah
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.v24i1.6592

Abstract

Educational services for adherents of indigenous beliefs are a manifestation of the constitutional mandate to guarantee the rights of every citizen. This research aims to conduct an in-depth analysis of the implementation of the East Sumba Regent Regulation Number 33 of 2023 concerning Educational Services for Belief in God Almighty in Educational Units, with a case study on Marapu believers. Using a descriptive qualitative approach, data were collected through in-depth interviews with key stakeholders such as the Regent of East Sumba, the Head of the Education Office, foundation leaders, and educators, as well as through observation and documentation. Data analysis was carried out using the five-factor policy implementation framework from Khan and Khandeker (2016), which includes rational, management, organizational, bureaucratic, and political factors. The results show that in the rational factor, the policy objectives are clearly defined, but socialization to the grassroots community is still limited. In the management factor, a budget has been allocated, but implementation is constrained by the limited number and qualifications of educators and the inadequacy of Marapu-specific teaching modules. The organizational factor indicates strong leadership from the regional head and high motivation from various parties, but teamwork in the field needs to be optimized. The bureaucratic factor shows that an implementation structure is in place, but the competence and capacity of implementers at the school level still need improvement. Finally, in the political factor, there is strong political will and minimal inhibiting political pressure after initial dialogues, but harmony among all implementing actors must be continuously maintained. This study concludes that the policy implementation is proceeding with a strong legal and political foundation but faces significant challenges in managerial and technical aspects on the ground. ‎
Regulation of State Ownership Rights Over Land in The National Agrarian Legal System Mustaqim, Mustaqim; Mega Wijaya, Mustika; Sari Fitria, Mayzara
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.v24i2.6595

Abstract

State control over land is a fundamental principle in Indonesia's national agrarian legal system, which is based on Article 33 paragraph (3) of the 1945 Constitution and elaborated in Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA). The state, as the holder of state ownership rights over land, has the authority to regulate the allocation, use, and ownership of land for the greatest prosperity of the people. This study aims to analyze the legal provisions regarding state ownership rights and examine their implementation in land management practices in Indonesia. The research method used is normative legal analysis with a legislative and doctrinal approach. The results of the study indicate that although the regulation of state control rights has been legally regulated through the UUPA and its derivative regulations, in practice, various problems are still found, such as overlapping claims, agrarian conflicts, and weak protection of the rights of indigenous peoples and farmers. Therefore, it is necessary to strengthen regulations and the implementation of agrarian justice principles so that state control rights truly function for the welfare of the people.
Criminal Law Reform For Whistleblower Protection In Corruption Cases In Indonesia Santy
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.v24i1.6598

Abstract

Corruption crimes are highly detrimental to the state’s finances, national economy, and hinder growth and the continuity of national development, even violating the social and economic rights of society at large. The conventional approach to eradicating corruption is deemed ineffective and inefficient in addressing the rampant nature of this crime. This is because corruption crimes have increased over time. In this context, whistleblowers play a critical role in assisting law enforcement in exposing existing corruption. However, the significant risks faced by whistleblowers require clear and definitive legal protection. This research focuses on analyzing the policies and status of whistleblowers in corruption crimes in Indonesia and the extent to which legal protection is provided to whistleblowers. This research employs a normative legal research method with a legislative approach and a conceptual approach. The research findings show that although whistleblowers play a strategically important role in exposing corruption, their existence needs to be strongly protected by the law. The presence of whistleblowers may jeopardize their own safety and that of their families if there is inadequate protection. Therefore, strengthening the protection of whistleblowers is a strategic step to empower them as a tool to break the chain of corruption
The Role of Civil Law in Resolving Unfair Dismissal Disputes: An Empirical Study in Indonesian Labor Courts Muhlizar, Muhlizar; Purba, Nelvitia; Warman, Syafil
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.v24i2.6605

Abstract

This study examines the application of civil law principles in resolving unfair dismissal disputes within Indonesian labor courts through a mixed-methods empirical analysis. The research investigates how Indonesian civil law frameworks, particularly those grounded in the Civil Code (Kitab Undang-Undang Hukum Perdata), interact with labor-specific legislation in addressing employment termination disputes . Using a qualitative-quantitative approach, this study analyzes 150 labor court decisions from 2020-2024 and conducts in-depth interviews with 30 legal practitioners, judges, and labor law experts . The findings reveal that civil law principles, especially those relating to contract validity under Article 1320 of the Indonesian Civil Code, play a crucial role in determining the fairness of dismissal procedures . The study identifies significant gaps in the application of civil law remedies, with only 35% of unfair dismissal cases receiving adequate compensation through civil law mechanisms . The research demonstrates that while Indonesian labor courts increasingly rely on civil law principles for dispute resolution, inconsistencies in judicial interpretation and enforcement mechanisms limit their effectiveness . This study contributes to the understanding of how civil law can be better integrated into labor dispute resolution frameworks to enhance worker protection and ensure equitable outcomes in employment termination cases.

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