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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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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
Actualization of Bank Principles of Precaution in An Efforts to Protect Customers Against Social Engineering Banking Crime Modes Aditya Mantara, I Made Aditya Mantara 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.v24i2.6516

Abstract

This study is based on the increasing cases of social engineering fraud in the banking sector that threaten customer security. The urgency of this study lies in the need to understand how the bank's precautionary principle can be actualized to protect customers from increasingly sophisticated crime modes. The purpose of this study is to analyze the application of the precautionary principle in customer protection efforts and to identify steps that can be taken by banks to reduce the risk of such crimes. The research method used is a normative method supported by empirical data. Empirical data were collected through in-depth interviews with bank management, namely at PT. Bank BRI Denpasar Renon Branch and PT. Bank BPD Bali Denpasar Branch. The results of the study indicate that although banks have implemented several precautionary principles, there are still gaps in their implementation that can be exploited by criminals. This study found that customer education and improving digital security systems are important steps that need to be taken to strengthen customer protection. The output of this study is expected to provide practical recommendations for banks in optimizing the application of the precautionary principle and increasing customer awareness of the potential risks of social engineering crimes. In addition, the results of this study can also be a reference for better banking policies in protecting customers in the digital era
Restorative Justice at the Grassroots: Exploring Cultural Integration and Police Facilitation in Criminal Case Settlements in Waesala, Indonesia Rahawarin, Fauzia; Wattimena, Husin; Muhammad Fadhil; Sahur Ramsay; La Ode Aindo
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.v24i2.6521

Abstract

This study examines the effectiveness of Restorative Justice (RJ) implementation in resolving criminal cases in the jurisdiction of Waesala Police, West Seram Regency, Maluku Province. The study used a Mixed Methods Sequential Explanatory Design approach, combining quantitative analysis based on Structural Equation Modeling (SEM) and qualitative analysis through in-depth interviews and thematic coding with NVivo 12 Plus. The quantitative stage focuses on dimensions such as Police Socialization (SP), Victim Involvement (KK), Process Effectiveness (EP), and Satisfaction and Sense of Justice (KRK). The results of the CFA test showed high validity and reliability of the measurement model, with the dimensions of Empathy (EP) and Cultural Restorative Justice (KRK) as dominant contributors based on a factor loading value of 0.97. Qualitative findings revealed important themes such as barriers to victim education, the role of the police as a facilitator, perceptions of justice, and case criteria that are eligible for RJ. Data triangulation ensured depth of context and theoretical confirmation. The results of the study prove that RJ not only increases procedural satisfaction and social harmony, but is also in line with local cultural values ​​when facilitated properly. This study provides academic contributions as well as practical recommendations for law enforcement institutions in designing RJ policies that are relevant to local conditions.
Incompleteness of Norms Regarding the Deadline for Cancellation of Certificates Above 5 Years in the Context of Land Law Certainty Ari Yuliani, Anggi; Herlindah; Hamidi Masykur, Mohammad
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.v24i2.6525

Abstract

The government has clearly stated the purpose of land registration through the Basic Agrarian Law. This law applies to all regions in Indonesia. It ensures legal certainty for the community. Article 19, paragraph (1) clearly states this. The following articles regulate the stages prior to the issuance of certificates. First, the land area is measured. Then, a map is created in printed form. Once the mapping stage is complete, the data is recorded in a register. The land registration system is inadequate. This has led to overlapping land ownership and procedural errors in land registration. As a result, there are administrative defects in land certificates. These administrative defects can render certificates invalid. Land disputes are common and take a long time to resolve, particularly those related to the invalidation of certificates that have been invalid for more than five years. The application and implementation of policies for resolving these disputes lack complete regulations or have incomplete legal norms. This leads to legal uncertainty in the resolution and ownership of the land
Local Governance and Bureaucratic Reform in Public Policy Perspective: What and How? Cahyono, Anang Sugeng
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.v24i2.6527

Abstract

This study aims to analyze the relationship between local governance and bureaucratic reform from a public policy perspective, focusing on the fundamental questions of what constitutes reform and how it is effectively implemented at the local level. Employing a descriptive qualitative method through literature review and case studies in selected regional governments in Indonesia, this research finds that the success of bureaucratic reform at the local level is strongly influenced by adaptive leadership, active public participation, and institutional capacity to build transparent and accountable systems. The novelty of this study lies in the integration of good governance principles with bureaucratic reform frameworks as a unified approach to improving public sector performance in local governance. Furthermore, this research identifies structural barriers such as weak political will, resistance from bureaucratic actors, and the misalignment between national policies and local needs. The study recommends a contextual approach in designing and implementing bureaucratic reform policies at the local level, including institutional capacity-building, improved vertical and horizontal coordination among government agencies, and enhanced civic engagement in policy supervision and evaluation. The findings contribute theoretically and practically to the discourse on democratic local governance and sustainable bureaucratic reform within the framework of public policy.
Trends in Cyber Dispute Resolution Through Mediation sabela Gayo; Gatot Efrianto
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.v24i2.6528

Abstract

The development of Information Technology has encouraged the emergence of various disputes in cyberspace (cyber disputes), which have different characteristics from conventional disputes. Cyber disputes require an efficient, fast, and effective resolution mechanism. Mediation as an Alternative Dispute Resolution (ADR) method is a relevant solution because it is flexible, private, and efficient. This paper aims to examine the urgency of the use of mediation in cyber dispute resolution as well as the challenges and opportunities of its application in Indonesia. By using normative-juridical methods and conceptual approaches, this paper outlines the potential of online mediation (Online Dispute Resolution) supported by Information Technology in providing equal justice and easy access for the parties
Legal Analysis Of The Establishment Of The Consumer Dispute Implementing Agency On Unauthorized Transactions (Phishing) In Regulation No. 16 / Rev.Sus-BPSK / 2025 / PN Mdn: Legal Analysis Of The Establishment Of The Consumer Dispute Implementing Agency On Unauthorized Transactions (Phishing) In Regulation No. 16 / Rev.Sus-BPSK / 2025 / PN Mdn Dody Safnul
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.v24i2.6529

Abstract

The increasing phenomenon of digital crimes such as phishing raises new problems in legal protection for consumers. One of the available dispute resolution mechanisms is through the Consumer Dispute Resolution Agency (BPSK). However, in practice, BPSK decisions are often canceled by the district court because it is considered to exceed the authority or lack of evidence. This study aims to analyze the legality of unauthorized transactions in the perspective of civil law, as well as review the legal basis for the cancellation of BPSK decision by the Medan District Court in case No. 16 / Rev.Sus-BPSK / 2025 / PN Mdn. This study uses a normative approach with qualitative methods. The results of the analysis show that transactions that occur due to phishing are classified as illegal acts and qualify as null and void. However, the weakness of evidence in BPSK became the main reason for the cancellation of the decision

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