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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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Regulation of State Ownership Rights Over Land in The National Agrarian Legal System Mustaqim Mustaqim; Mustika Mega Wijaya; Mayzara Sari Fitria
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; Nelvitia Purba; Syafil Warman
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.
The Enhancement of the Vice President of Indonesia's Strategic Role and Constitutional Functions as Mandated by Article 4 of the 1945 Constitution Herman Bastiaji Prayitno
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.v24i2.6606

Abstract

This study explores the constitutional position and authority of the Vice President within the framework of Indonesia’s presidential system, highlighting the persistent ambiguity and limited normative foundation of the office since the adoption of the 1945 Constitution and its subsequent amendments. Although Article 4(2) of the Constitution mentions that the President is assisted by a Vice President, it fails to define the division of responsibilities or to grant the Vice President independent public legal authority. As a result, the Vice President’s functions are largely contingent upon delegation from the President, leading to a dependency that undermines institutional clarity and effectiveness. The absence of detailed regulation creates a legal vacuum (recht vacuum) and contributes to inefficiencies in governance. In response, this paper proposes a comprehensive reformulation of the Vice President’s role and powers, including clearer constitutional authority, proportional task distribution, strengthened coordinative and representative functions, and the enactment of specific legislation governing the office. These reforms aim to reinforce the Vice President’s contribution to state administration, enhance legal certainty, and promote good governance. Ultimately, a well-structured and constitutionally grounded relationship between the President and Vice President is essential to the development of a more effective and integrated executive leadership in Indonesia.
Divorce in the Digital Era: Legal Analysis of Divorce via WhatsApp in the Perspective of Fiqh and Indonesian Positive Law Mukharom Mukharom; Sugianto Sugianto; Wasman Wasman; Didi Sukardi
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.v24i2.6610

Abstract

This study aims to analyze the phenomenon of divorce carried out through digital communication media, especially the WhatsApp application, from the perspective of fiqh and positive Indonesian law. Along with the development of information technology, many couples have broken off their marital relationship through text messages, which raises questions about the legal validity of talaq carried out through the media. In fiqh studies, talaq via WhatsApp is considered valid by some scholars if it meets the requirements of clear intentions and deliberate delivery. However, there is an opinion that direct interaction is more recommended. In Indonesia's legal system, divorce must be processed through religious court procedures to be considered legally valid. At the same time, talaq carried out via WhatsApp has not been explicitly regulated in the applicable laws and regulations. The study also identified the legal impact of digital divorce, including the difficulties faced by individuals who divorce without a court decision, such as the inability to prove divorce status and difficulties in remarriage. Based on these findings, the study recommends regulatory updates regarding digital divorce and the need for public legal education on divorce procedures in Indonesia.
THE LEGAL STATUS OF CHILDREN NOT IN MARRIAGE FROM THE PERSPECTIVE OF POSITIVE AND ISLAMIC LAW Sunanta Sunanta
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.v24i2.6611

Abstract

The study aims to present the phenomena, their contributing variables, and the effects of children's legal status outside of marriage. In this instance, the author presents the Cirebon Religious Court's Determination No. 13/Pdt.P/2022/PA—CN case study. Three methods are used to acquire data: documentation, interviews, and observation. Editing, classification, verification, and analysis are among the methodical steps used in data processing and analysis. Based on the findings of this study, it can be said that children lose some of their rights to their biological parents when a marriage fails or is harmed because it does not meet Islamic law's conditions for marriage harmony. The fact that Petitioner I married Petitioner II within the iddah period from her ex-husband is one of the most deadly reasons for marital dissolution in this instance. The child is the most disadvantaged party. Except for a required will, a child cannot be assigned to his biological father, loses guardianship status, and is not entitled to an inheritance in the event of his father's death. The Constitutional Court stepped in to provide clarification in response to this debate by ruling that biological fathers must continue to pay for their children's upbringing, education, and medical care until adulthood.
Measuring the Justice of Children's Inheritance Rights in Polygamy: A Comparison between Legal and Siri Marriages from the Perspective of Islamic Law Sri Wulandari; Achmad Kholiq; Aan Jaelani; Adang Djumhur Djumhur
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.v24i2.6612

Abstract

The phenomenon of polygamy in Indonesia is still part of the complex socio-religious reality, mainly when polygamy is carried out without official registration, or known as nikah siri. In practice, the unrecorded marriage has a profound impact on the legal protection of children, particularly in terms of inheritance rights. Children born from serial marriages often do not receive legal recognition, so their position as heirs becomes weak or is not recognized at all. This study aims to measure the justice of children's inheritance rights in the context of polygamy through a comparison between children from formal and serial marriages in the perspective of Islamic law. With a normative qualitative approach, this study employs an in-depth literature review method, drawing on Islamic legal sources (the Qur'an, hadith, and fiqh books), national laws and regulations (Law No. 1 of 1974, Compilation of Islamic Law), as well as jurisprudence documents and other relevant scientific literature. The results of the study show that in Islamic fiqh, the principle of justice entitles all children from a valid marriage, whether recorded or not, according to shari'a, to inheritance as long as their fate is clear. However, in Indonesian national law, marriage registration is a mandatory administrative requirement to recognize the validity of the legal relationship between spouses, including in terms of inheritance. Children from a nikah siri do not automatically obtain inheritance rights unless the isbat nikah is determined and the determination of nasab is carried out through the court. This inequality highlights the disparity between the principles of Islamic law and the positivism of national law. This study recommends updating the regulations and approach of maqāṣid al-syarī'ah in family law policy to ensure justice and non-discrimination of children's rights in all forms of marriage.
THE PHENOMENON OF THE COMA CLOCK IN GENERATION Z: A Psychological Analysis of the Perspective of Islamic Family Law on the Impact of Spiritual Balance. Yeni Nuriyani; E. Sugianto E. Sugianto; Achmad Kholiq; Edy Setyawan
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.v24i2.6613

Abstract

The coma clock phenomenon refers to the lifestyle of Generation Z, who tend to spend active time at night until the early hours of the morning. This habit has a profound impact on their mental, physical, and spiritual well-being. This article analyzes the phenomenon of the comma clock from the perspective of Islamic psychology and family law, highlighting its impact on spiritual balance. Using qualitative methods, including literature studies and interviews with psychologists and religious leaders. This study found that irregular lifestyles and dependence on technology hinder Generation Z from meeting their spiritual and worship needs. The Islamic perspective on family law offers solutions through the establishment of family customs rooted in religious values.
Harmonisasi Perlindungan Tumpang Tindih Hak Cipta dan Hak Desain Industri: Studi Perbandingan antara Indonesia dan Australia Rubben Denova Rohmana; Ahmad M. Ramli; Tasya Safiranita Ramli
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.v24i2.6615

Abstract

One of the crucial problems in the scope of intellectual property today is the phenomenon of overlap between copyright and industrial design rights. One of the important things to study is the existence of legal regulations that have been harmonized and effective to overcome these problems. In this research, the method used is a statutory and comparative approach with analytical descriptive specifications. This study found that the overlap of copyright and industrial design rights law has not been regulated and harmonized properly in Indonesian positive law. The results of this study indicate that by not harmonizing the protection of copyright with industrial design rights in Indonesia, Indonesia does not have legal certainty and has a legal gap in the enforcement of rights and settlement of disputes when compared to Australia. Therefore, harmonization between copyright and industrial design rights law is needed, including the necessary reforms to provide legal certainty for creators and industry players in the future.
Pengaturan yang Tepat atas Merek Kolektif untuk UMKM Berdasarkan Kepastian Hukum: Studi Perbandingan dengan Brasil Audiya Dewi Rachmawati; Rika Ratna Permata; Laina Rafianti
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.v24i1.6616

Abstract

Collective trademarks can be an alternative for trademark protection for Micro, Small, and Medium Enterprises (MSMEs) considering the greater benefits compared to regular trademarks. In 2024, there was an increase in the number of collective trademark applications, indicating that the public, especially MSMEs, are becoming more aware of the importance of trademark protection. However, issues have been found in the legislation regarding collective trademarks. This article aims to formulate the appropriate arrangements of collective trademark legislation that align with the MSME climate in Indonesia to achieve legal certainty. The research method used is normative juridical with a statutory approach, a conceptual approach, and a comparative approach. The regulation of collective trademarks in Indonesia will be compared with Brazil based on Law No. 9.279 of May 14, 1996, as amended by Law No. 14.200 of September 2, 2021. This research found that Law Number 20 of 2016 still contains several issues, namely the ambiguity of norms and articles that lead to multiple interpretations among the public. The provisions on collective trademarks in the Regulation of the Minister of Law and Human Rights Number 67 of 2016 (MIG Law) regulate substance similar to that stated in the MIG Law, whereas it should provide a more detailed and technical explanation. On the other hand, Law Number 15 of 2001, which was the previous regulation before the enactment of the MIG Law, provides a more comprehensive regulation on collective trademarks compared to the MIG Law. Thus, the legislation regarding collective trademarks does not yet provide legal certainty. The comparison with Brazil provides recommendations for appropriate arrangements, indicating the need for revisions and improvements to the legislation on collective trademarks to meet the need for more adequate regulations.

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