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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 1,718 Documents
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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.
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 Endah Rantau Itasari; Radifan Anhari
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; Slamet Riyady
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 Denis Wijayanto; Sjamsiar Sjamsuddin; 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 Umbu Damu Makatehu; Fadillah Putra
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. ‎

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