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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 1,631 Documents
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The Binding Authority of DSN-MUI Fatwas in the National Legal System: An Analysis from the Perspective of Islamic Law and Legislative Theory Abdullah Lawang, Karimuddin; Zulfikri, Zulfikri; Peristiwo, Hadi; Hanuddin, La; Nurdin, Nurdianasari; Habib, Muhamad
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.v24i2.6633

Abstract

The National Sharia Council of the Indonesian Ulema Council (DSN-MUI) plays a central role in shaping the principles of Islamic economic law in Indonesia through its fatwas. These fatwas serve as primary references in the practices of Islamic financial institutions. However, the legal status of DSN-MUI fatwas within national legislation remains a subject of debate, particularly regarding their binding authority. This article aims to analyze the position of DSN-MUI fatwas from the perspective of Islamic law and legislative theory within the national legal system. This study employs a qualitative method with a normative and literature-based approach, examining various legal regulations and legal theories. The findings indicate that in Islamic law, fatwas are not absolutely binding unless institutionalized by an official authority. In the national context, DSN-MUI fatwas attain functional binding power as they are used as references in regulatory frameworks by Bank Indonesia, the Financial Services Authority (OJK), and Islamic financial institutions. Although these fatwas do not possess formal legal authority within the hierarchy of national legislation, they have become part of the living law that is internalized in national economic legal practices. Therefore, normative reinforcement is needed through explicit recognition in sectoral regulations to prevent legal vacuums. This study recommends the codification of DSN-MUI fatwas into derivative regulations to enhance their juridical legitimacy in supporting a just and legally certain Islamic economic legal system.
Legal Policy on Strengthening the Existence of the Indonesian National Border Management Agency (BNPP RI) in Resolving Border Area Disputes of the Unitary State of the Republic of Indonesia Based on Law Number 43 of 2008 Concerning State Territory Belly Isnaeni; Edi Sofwan
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.v24i1.6634

Abstract

The method used in this study is a normative research type based on the study of border area law analysis, research specifications focus on discussing the challenges and existence carried out by the BNPP RI. Primary data from the study and analysis of legislation and secondary data based on in-depth analysis of literature sources in books, journals, proceedings and other scientific article sources. The analysis in this study uses descriptive analysis of laws and cases that have occurred in the field analyzed based on sources of settlement of agreements and decisions. The results of the first study, that BNPP has many challenges related to the problems of border disputes both domestically and abroad, these challenges can be resolved by BNPP. However, the limitations of budget problems, human resources, coordination between border areas in all provinces that are too broad and the development of technology for borders between regions is still not optimal. Second, the existence of the National Border Management Agency of the Republic of Indonesia (BNPP RI) must be strengthened, based on Article 14 Paragraph (2) BNPP is directly responsible to the President, but in its implementation there needs to be coordination with other institutions and Regional Governments in carrying out its duties and authorities. as if it does not have the principle of independence in accordance with the mandate of the law.
Paradigm Changes in Proving Unlawful Acts in Corruption Crimes Following Constitutional Court Decision Number 25/PUU-XIV/2016 Sulaiman, Abdullah; Cahyadi, Dedy; Iwansyah; Prasetyo, Rahmad; Pambudi
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.v24i2.6648

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has marked an important turning point in the enforcement of corruption law in Indonesia, especially in proving the element of state financial loss. Before this decision, the formal approach that emphasized procedural violations without the need to prove actual losses was still commonly used. However, after the decision, the legal interpretation shifted towards a material approach that required actual loss to prove corruption. This change has quite complex legal and practical consequences, ranging from increasing the burden of proof for public prosecutors, and dependence on the results of audits of state financial institutions to technical challenges in coordination between law enforcers. This study comprehensively examines the development of legal interpretation before and after the Constitutional Court decision, and its impact on the evidentiary process, and formulates strategic steps that can be taken to strengthen the effectiveness of corruption eradication while ensuring legal certainty for the parties.
The Role and Limitations of the Village Secretary’s Authority in the Absence of a Village Head Rachmawati, Meida; Susano, Adhi
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.v24i2.6649

Abstract

This study discusses the role and limitations of the Village Secretary’s authority in filling the vacancy of the Village Head position, which has become a crucial issue in village governance. Although the Village Secretary is the highest structural official after the Village Head, regulations governing the delegation of authority during a vacancy are still minimal and not explicit. The study uses a normative and empirical approach by analyzing laws and regulations as well as field practices in several villages. The results of the study indicate that the appointment of an Acting Village Head (Plt) by the regional government is the only legal mechanism that can provide full legitimacy to the authority of the Village Head. Delegating authority to the Village Secretary without an official legal basis risks triggering legal, administrative, and social conflicts, as well as potential legal liability. Therefore, clear regulations and firm procedures are needed, along with the development of village officials, to ensure that village governance continues to function effectively and accountably during the transition period of the Village Head position
The Authority of Judges to Independently Determine the Amount of State Financial Losses in Verdicts on Corruption Cases KMS Herman; Anesia, Nila; Rukmana, Indra Jaya; Amelia, Rini Fitri Octa; Marpaung, Raja Robert
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.v24i2.6650

Abstract

Law enforcement in corruption cases in Indonesia often faces challenges related to proving the element of state financial loss. One of the issues that arises is the authority of judges to independently determine the amount of state loss without relying on an official audit by state audit institutions such as the Audit Board of Indonesia (BPK) or the Financial and Development Supervisory Agency (BPKP). This study employs a normative juridical research method using a statute approach and an analytical approach to examine the legal basis, judicial practices, and implications of such authority. The findings indicate that although Article 183 of the Indonesian Criminal Procedure Code (KUHAP) grants judges the authority to decide based on at least two valid pieces of evidence, the absence of an official audit can lead to legal uncertainty, the risk of judicial error, and violations of the defendant’s right to a fair trial. Therefore, harmonization between regulations and judicial practice is necessary to ensure legal certainty, protection of human rights, and the effectiveness of corruption eradication.
Implementation of Fulfilling The Constitutional Rights of Citizens in Religion: Case Study of Batur Village, Indonesia Cholida Hanum
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.v24i2.6654

Abstract

In recent years, various events showing the existence of religious freedom have become a phenomenon. Violation of respect for the individual’s freedom to embrace and practice religious freedom has an impact on all aspects of life, including education, health, employment, and access to public services. As the national organizer, the government plays an important role in creating a favorable, safe and peaceful atmosphere for the people. The slogan of Bhinneka Tunggal Ika seems to be only utopian, which is reflected in the civil relations in the village of Batur, where occupations are multi-religious. But it is important to note that the term "villages of tolerance" is not only symbolic. Studies have shown that the rights stipulated by the constitution are mentioned as village tolerance rights, and the extent to which these rights are realized in the future should be fully supported by the local government and the village government. The research is qualitative, collecting primary data through interviews and secondary data through documents related to the problem. The result of this research is that the realization of the religious rights of Semarang Regent in Batur Village is not top-down (from the state to the citizens), it is precisely that the realization of religious rights in Batur Village is collectively discussed. The community’s own awareness and mutual encouragement to create a harmonious and coordinated shared life between one religion and another
Implementation of Community Protection of Gurabunga Customary Law: An Empirical Analysis of Customary Law Practices and Their Recognition by the State Siti Barora Sinay; Sultan Alwan; Irham Rosyidi
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.v24i2.6656

Abstract

Gurabunga Village, located in Tidore District, Tidore Islands City, has a long history as part of the Tidore Sultanate and is an area with customary law communities that still preserve their traditions. This study aims to examine the process of changing the status of Gurabunga Village to a Customary Village, as well as its implications for the recognition and legal protection for the Gurabunga customary law community. The method used is empirical legal research with a sociolegal approach, collecting data through interviews, observations, and studies of related legal documents. The results of the study show that the Gurabunga community has appropriate characteristics to be recognized as a customary law community based on Permendagri No. 52 of 2014, with customary wealth in the form of customary land that is managed communally and protected by local customary law. The process of changing this status involves community initiatives through village deliberations, fulfillment of administrative requirements, and local government approval. Meanwhile, the biggest challenge in the implementation of legal protection of customary rights is the lack of understanding from local governments regarding the importance of recognizing the rights of customary law communities. Therefore, this study suggests the importance of strengthening regulations and empowering customary law communities through more inclusive policies. The recommendation of this study is to accelerate the recognition of indigenous peoples in Indonesia, by providing space for communities to fight for their indigenous rights within a national legal framework that is responsive and adaptive to local social and cultural needs
A, The Role Of Notaries In Facilitating The Creation Of Partij Deeds For Individual Financing In Accordance With Fairness And Reasonableness: The Role Of Notaries In Facilitating The Creation Of Partij Deeds For Individual Financing In Accordance With Fairness And Reasonableness Febrina Rizka Lilya Wati David
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.v24i2.6658

Abstract

This study aims to explore the role of notaries in ensuring legal certainty and promoting fairness and transparency in consumer financing. Using a qualitative approach and analyzing several consumer financing cases, the study finds that notaries play a critical role in ensuring the validity and legal protection of the agreements made. The main challenge lies in balancing the interests of creditors and debtors while ensuring that all relevant information about the agreements is disclosed transparently. Regulations such as Law No. 30 of 2004 on the Notary Position and Law No. 2 of 2014 on Amendments to Law No. 30 of 2004 on the Notary Position provide the legal framework for notaries' authority and responsibilities in consumer financing, although there is still a gap in regulations specifically addressing the notary's role in such transactions. This study recommends updating regulations and enhancing notary professionalism to better address these challenges. While the role of notaries is crucial, significant challenges in maintaining fairness and transparency still need to be addressed for consumer financing to be carried out equitably and transparently. Keywords: Notary; Legal Security; Consumer Financing
Fulfillment of Buyer's Liability Compensation Claim That is Not Granted for The Seller's Default in The Land Sale and Purchase Agreement Eko Rial Nugroho; Rohidin Rohidin
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.v24i2.6661

Abstract

The focus of this research study is to discuss the fulfillment of the buyer's claim for compensation for the seller's default in the land sale and purchase agreement. The purpose of the research was to analyze the fulfillment of the buyer's liability compensation claim that was not granted for the seller's default in the land sale and purchase agreement. This type of research is normative juridical research, with a statutory approach and a case approach. The research data source uses secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Research data collection by literature studies and document studies as well as qualitative analysis. This study concludes that the seller's liability for default against the buyer in the land sale and purchase agreement is the fulfillment of the buyer's liability for the seller's default in the land sale and purchase agreement cannot be granted because the claim for the right to compensation is not requested or not included in the lawsuit. The examining judge cannot consider granting the claim for the right to compensation applied for. If the claim for damages is included or requested in the lawsuit, at least the examining judge can consider the claim for the right to compensation, especially by detailing the list of losses that have occurred, both concerning losses suffered as a result of default and lost profits.
Harmonization of the Mudharabah Concept in Fiqh Muamalah with the Establishment Mechanism of Sharia Limited Liability Companies in Indonesia Syahrida Syahrida; Zulfikri Zulfikri; Putri Ramadhaniah; Arifin Arifin; Geofanny Guruh Hasintongan Sianipar
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.v24i2.6670

Abstract

This article examines the harmonization between the mudharabah contract concept in fiqh muamalah and the mechanism for establishing Sharia Limited Liability Companies (LLCs) in Indonesia. The mudharabah contract, which bases business partnerships on a profit-sharing principle between the capital owner (shahibul maal) and the business manager (mudharib), is characterized by trust, fairness, and transparency. Meanwhile, a Sharia LLC is a modern legal entity governed by national statutory regulations, with a formal and structured legal framework. Using a normative-juridical approach and comparative analysis, this article explores the intersections and potential conflicts between these two systems and formulates an integrative model that allows for the substantive application of Sharia values embedded in mudharabah within the legal framework of an LLC. The findings reveal that the fundamental principles of mudharabah can be adopted in the design of institutional structures, governance, and decision-making mechanisms within a Sharia LLC, without violating positive law. These findings underscore the importance of reconstructing Islamic legal thought to be responsive to the dynamics of modern law and promote the development of Sharia business models that are legally recognized and aligned with the maqashid shariah.

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