cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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
 139   140   141   142   143 
The Enhancement of the Vice President of Indonesia's Strategic Role and Constitutional Functions as Mandated by Article 4 of the 1945 Constitution Zulbaidah, Zulbaidah
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 throughdigital communication media, especially the WhatsApp application, fromthe perspective of fiqh and positive Indonesian law. Along with thedevelopment of information technology, many couples have broken offtheir marital relationship through text messages, which raises questionsabout the legal validity of talaq carried out through the media. In fiqhstudies, 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 thisinstance, the author presents the Cirebon Religious Court's DeterminationNo. 13/Pdt.P/2022/PA—CN case study. Three methods are used to acquiredata: documentation, interviews, and observation. Editing, classification,verification, and analysis are among the methodical steps used in dataprocessing 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 nondiscrimination 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, highlightingits 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.
Marketing Magic or Just Hype? The AI Factor in Indonesia’s MSME Growth Johni Eka Putra; Lili Adi Wibowo; Siska Armawati Sufa; Nindi Aristi; Irzameingindra Putri Radjamin
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.v24i2.6625

Abstract

This research investigates the strategic influence of artificial intelligence (AI) adoption on the competitiveness of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, emphasizing the mediating role of innovation diffusion. By synthesizing the Technology Acceptance Model (TAM), the Diffusion of Innovations (DOI) theory, and the Resource-Based View (RBV), the study analyzes how perceived usefulness and ease of use contribute to the attainment of sustained competitive advantage. Employing a quantitative methodology, the analysis was conducted using Partial Least Squares Structural Equation Modeling (PLS-SEM) on data collected from 160 MSMEs. The measurement model demonstrated strong reliability and validity. The findings reveal that technology adoption exerts a significant effect on both innovation and competitiveness, with innovation serving as a partial mediator. The R² and Q² values reflect moderate explanatory and predictive capacity. This study provides both theoretical contributions and practical recommendations for fostering digital transformation in the MSME sector through AI-driven innovation.
The Role of State Administrative Law in Preventing Criminal Acts of Corruption By State Officials Maria Yeti Andrias
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.v24i2.6627

Abstract

Corruption in Indonesia is a serious problem, considered an extraordinary crime because of its widespread impact, detrimental to state finances, and damaging the nation's morals and integrity. This research aims to evaluate the role of state administrative law in preventing criminal acts of corruption by state officials, identify factors that influence its effectiveness, and formulate strategies for eradicating corruption from the perspective of state administrative law. The research method used is normative juridical analysis with statutory, conceptual and comparative approaches. Research findings confirm that state administrative law plays a crucial role in preventing corruption through the formulation of clear regulations, effective supervision, and implementation of administrative sanctions. However, its effectiveness is often hampered by weak law enforcement, lack of transparency, and political interference. Factors such as accountability, transparency and bureaucratic integrity have a significant influence on the success of administrative law in fighting corruption. The recommended strategy for eradicating corruption includes strengthening supervisory institutions, increasing the level of openness, community participation, and using information technology to increase efficiency and transparency in government administration.
The Essence of Muallaf as a Zakat Recipient According to the Interpretation of Surah At-Tawbah Verse 60 Nainunis, Nainunis; Abubakar, Al Yasa'; Sabil, Jabbar; Iqbal, Muhammad; Saputra, Dian
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.v24i2.6631

Abstract

Muallaf (new converts to Islam) are one of the eight categories (asnaf) entitled to receive zakat, as mentioned in Surah At-Tawbah verse 60. However, the essence and criteria of muallaf are not clearly defined, raising questions about who truly qualifies under this category. This study aims to examine the concept of muallaf from the perspective of maqāṣid al-sharī‘ah by analyzing relevant textual evidence, including hadiths and Qur’anic exegesis. The research employs a library research method to explore and examine data from literary sources in depth. The process includes collecting, reviewing, recording, and processing relevant references. More than mere reading and documentation, library research demands analytical skills to produce systematic and meaningful findings. This study adopts a qualitative normative approach. Specifically, it falls under the category of normative Islamic legal research with a philosophical orientation, as it seeks to uncover and understand the core values and fundamental principles within Islamic legal norms that guide legal reasoning. The findings of this study, based on the interpretation of Surah At-Tawbah verse 60, categorize muallaf into two groups: Muslim muallaf and non-Muslim muallaf. The former includes: individuals newly converted to Islam whose faith is still fragile; respected Muslims who lead their communities; Muslims willing to strive and engage in jihad against non-believers; and Muslims needed to collect zakat from those unwilling to give. The latter group consists of: individuals expected to convert to Islam, and individuals whose harm is feared

Page 141 of 164 | Total Record : 1631

 139   140   141   142   143 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue