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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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Legal Foundation for the Establishment of General Procurement Guidelines for Goods and/or Services in Regional Government-Owned Enterprises (BUMD) to Realize Legal Certainty Lestari, Anjas Mega; Santoso, Budi; Dewi, Amelia Sri Kusuma
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.v24i1.6561

Abstract

Regional Government-Owned Enterprises (BUMD) are established not only to develop regional economies but are also expected to meet community needs by providing goods or services according to the needs and characteristics of the respective regions while considering the potential of the region itself. To fulfill these objectives, BUMD are managed based on good corporate governance principles, and in running their business and supporting operations, they cannot be separated from activities to procure goods and services. This research is compiled to analyze the legal foundation for establishing general procurement guidelines for goods and/or services in BUMD to realize legal certainty. This research concludes that the regulation of general procurement guidelines for goods/services in BUMD is urgently needed. The need for such regulation is based on philosophical, juridical, sociological, political, ecological, economic, and cultural arguments, so that with the existence of guidelines from the central government, it is expected that the implementation of procurement of goods and services in BUMD can be realized in accordance with the purpose of its establishment and to end regulatory disharmony at the regional level so that legal certainty can be achieved.
State Responsibility for Fulfilling the Right to Basic Education Facilities Based on Human Rights Marijes Sopacua, Henry
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.v24i2.6563

Abstract

Basic education is a fundamental and non-negotiable human right. This right is universally recognized by various national and international legal instruments, including the 1945 Constitution, ICESCR and CRC. The state has the primary obligation to respect, protect and fulfill the right to basic education, including in terms of providing educational facilities. This study aims to examine the form of state responsibility in fulfilling the right to basic education facilities from a human rights perspective, and to analyze the factors that influence it. The research method used is normative juridical with a qualitative approach to legislation, international legal documents, and academic literature related to human rights and education. The results show that despite the existence of a fairly strong legal framework, the implementation of state responsibility still faces various obstacles. The inhibiting factors include the vagueness of legal norms related to the definition of adequate education facilities, inequality in the distribution of education budgets, geographical challenges in remote areas, local social and cultural values, and weak governance and inter-agency coordination.
Contextual Fiqh Paradigm in Determining the DSN-MUI Fatwa on Non-Cash Gold Purchase and Sale (Abdullah Saeed's Ethico-Legal Value Hierarchy Approach) Nursobah , Achmad; Hapsin, Abu; 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 H Insan, Isep; Lathif, Nazaruddin
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 Taufik, Iqbal; 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.

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