Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
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<![CDATA[Legal Protection of Children After Divorce: A Comparative Study of Islamic Law and the Child Protection Act ]]>
<![CDATA[Syafiq, Muhammad]]>;
<![CDATA[Fitriyanti, Vivit]]>;
<![CDATA[Harun, Nurlaila]]>;
<![CDATA[Abidin, Kurniati]]>;
<![CDATA[Haikal Tunisi, Muhammad]]>;
<![CDATA[Stanislaus, Surip]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6674
<![CDATA[This article examines the legal protection of children after divorce through a comparative approach between Islamic law and the Indonesian Child Protection Act. Divorce often has negative consequences for children—psychologically, socially, and economically. Therefore, a legal framework is needed that can guarantee the comprehensive fulfillment of children’s rights, even after the termination of parental marital relations. From the perspective of Islamic law, the principle of child protection is rooted in the objectives of sharia (maqāṣid al-sharī‘ah), particularly in preserving life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and intellect (ḥifẓ al-‘aql). The concepts of ḥaḍānah (custody), the obligation of financial support, and the continuity of emotional roles of parents indicate that Islam places the welfare of the child as a top priority. Meanwhile, Law No. 35 of 2014 guarantees the rights of children after divorce through the principle of the best interest of the child, although its implementation still faces challenges such as weak legal enforcement and lack of supervision in the fulfillment of custody and child support. This article employs a normative-comparative research method and a maqāṣid-based analysis. The findings show the urgency of harmonizing the regulations between the two legal systems to realize a child protection framework that is just, comprehensive, and contextually relevant. The integration of maqāṣid principles into national policy is key to strengthening the child protection system in Indonesia.]]>
<![CDATA[Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes ]]>
<![CDATA[Kalalo, Merry Elisabeth]]>;
<![CDATA[Kapugu, Betsy Anggreni]]>;
<![CDATA[Rompas, Deizen]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6675
<![CDATA[This study examines the legal protection of traditional cultural expressions (TCEs) of North Sulawesi communities, which are frequently exploited without authorization for commercial purposes. Such exploitation raises significant legal issues, particularly concerning intellectual property rights violations and the neglect of the collective rights of Indigenous communities. The objective of this research is to analyze the existing legal framework for protecting TCEs and to propose a more adaptive and equitable model of legal protection. This is a normative legal study employing statute, conceptual, and case approaches. Data were analyzed qualitatively and descriptively through literature review and legal document analysis. The novelty of this research lies in its proposed community-based legal protection model that integrates customary law principles with national legislation and international cultural rights standards. The findings reveal that the current legal protections are fragmented and do not yet provide optimal safeguards for Indigenous TCEs. The study recommends the development of a more comprehensive legislative framework, the strengthening of local government roles, and the establishment of protection mechanisms based on the active participation of Indigenous communities]]>
<![CDATA[Legal Protection Mechanisms for Child Sexual Abuse Victims: Comparative Analysis of Indonesian and United States Criminal Procedures ]]>
<![CDATA[Saputra, Rian Prayudi]]>;
<![CDATA[Hafiz Sutrisno]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6677
<![CDATA[Sexual abuse against minors needs robust legislative safeguards within the criminal justice framework. The essential distinctions between civil law and common law systems result in divergent normative approaches that need comparative analysis to ascertain optimal procedures for safeguarding child victims. The objective of this study is to evaluate the efficacy of legal protections for child victims of rape by using a comparative normative analysis between the Indonesian civil law system and the American common law system, specifically within the framework of the criminal justice system. This study employs normative legal research techniques within a comparative legal analysis framework. Primary legal documents include legislation, federal and state laws, and 359 judicial rulings from the period 2019-2024. The analysis involved comparing laws at the same time using different methods, including looking at the law in context and interpreting it systematically and comparatively. Indonesia has a thorough legislative framework prioritizing restorative justice; yet, judicial execution reveals that just 34% of judgments adhere to the notion of the child's best interest. The United States exhibits more consistency (78%) in procedural protections via constitutional interpretation, notwithstanding the challenges of federal-state fragmentation. Both systems exhibit deficiencies in addressing cyber-facilitated abuse and developing technology. The efficacy of protection is contingent upon the uniformity of normative execution and the alignment of legislative and judicial practices. The convergence of legal systems is essential, with civil law embracing judicial flexibility and common law including systematic legislative methods to provide uniform child protection standards.]]>
<![CDATA[Entertaining to Buy: Exploring the Role of Immersion in Live Streaming and Its Influence on Purchase Intention in Student Social Commerce ]]>
<![CDATA[abdhy]]>;
<![CDATA[Rika Eliana]]>;
<![CDATA[Adam Fadillah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6678
<![CDATA[Technology development has brought about a lot of changes in the business world, especially when it comes to online transactions, which has made the internet market quite successful. The online market has changed by using social media as a platform for e-commerce. Live streaming was the first step toward the emergence of social commerce. Because consumers have a high level of purchasing interest, which is affected by entertainment elements, live streaming has become popular. Immersion is the mediating variable used in this study to examine the indirect impact of entertainment on purchase interest. The purpose of this study is to investigate how entertainment affects consumers' inclination to buy, using social commerce live streaming as a mediating factor. A quantitative approach is used in this study, using a sample of 350 participants. A Likert scale that includes metrics for immersion, entertainment, and purchase interest is used to collect data. The study's findings show that: 1) Entertainment has a positive and significant influence on purchasing interest in social commerce live streaming, 2) Entertainment has a positive and significant impact on immersion in social commerce live streaming, 3) Immersion has a positive and significant influence on purchasing interest in social commerce live streaming, 4) Entertainment has a positive and significant influence on purchasing interest through immersion as the mediating variable in social commerce live streaming. Therefore, the influence of entertainment on consumer purchasing interest can be achieved either through immersion as a mediating variable or directly, without necessitating immersion as an intermediary.]]>
<![CDATA[Influence of Tiktok Account @dokterdetektif Credibility on Followers Trust in Information ]]>
<![CDATA[Hamzah, Adrian Fadhullah]]>;
<![CDATA[Destiwati, Rita]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6679
<![CDATA[The credibility of anonymous influencer accounts is a critical, yet unexplored factor in building audience trust in health information on social media, especially on platforms like TikTok. This study examines the influence of the credibility of the anonymous account @dokterdetektif (2.1 million followers) on the trust of its followers. Quantitative research was conducted through an online survey of 400 active followers (purposive sampling, Slovin formula, 5% margin of error). The 4-point Likert scale questionnaire measured three dimensions of credibility (attractiveness, expertise, trustworthiness) and two dimensions of trust (trusting belief, trusting intentions). Validity was tested using Pearson correlation, reliability using Cronbach's Alpha (α>0.7), and hypothesis testing using Spearman correlation and t-test. There was a significant correlation between account credibility and audience trust (r=0.576; p<0.05), with credibility explaining 43.4% of the variance in trust (R²=0.434). All three dimensions of credibility were rated "very high": attractiveness (mean 3.62), expertise (3.58), and trustworthiness (3.54). These findings are in line with the audience trust dimension, proving that perceived credibility is the main foundation of information trust. Influencers need to build multidimensional credibility to increase trust, while audiences must critically evaluate information. Future research is suggested to explore non-credibility factors (e.g. algorithm bias) and use qualitative approaches to understand audience motivations in depth.]]>
<![CDATA[Legal Balance and Environmental Sustainability in Indonesia’s Mineral and Coal Licensing Regime: A Normative Study Based on Pancasila ]]>
<![CDATA[Lusiana Margareth Tijow]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6688
<![CDATA[Indonesia's mineral and coal licensing regime is caught between the need for economic growth and the need to protect the environment. The purpose of this normative legal research is to examine the regulatory architecture in the mineral and coal mining industry from the perspective of Pancasila as the basis of state philosophy, with particular emphasis on the principles of environmental preservation and the precepts of social justice. This article evaluates the consistency, coherence, and adequacy of the licensing regime in ensuring ecological sustainability and resource distribution using a doctrinal approach based on normative juridical analysis of legislation, the constitution, and Pancasila-based legal theory. The results show that the prevailing legal framework is unbalanced. Current regulations focus more on administrative efficiency and investment attractiveness, but do not adequately internalize the intergenerational environmental responsibilities established by the 1945 Constitution and environmental regulations. This article proposes urgent legal reform towards an integrative paradigm that brings together legal certainty, distributive justice, and environmental sustainability based on the third and fifth precepts of Pancasila. To create a balanced legal design, sustainable development principles such as precaution, ecological integrity, and participatory governance are used as standards. The study found that the mining licensing regime should be adapted to a legal theory based on Pancasila and sustainability principles. This is an important step towards equitable and sustainable natural resource governance in Indonesia. The results provide an important reference for academics, environmental stakeholders and policy makers.]]>
<![CDATA[EVALUATION OF THE EXISTENCE OF OTHER LAWS AND REGULATIONS FROM THE PERSPECTIVE OF LEGISLATIVE SCIENCE ]]>
<![CDATA[Insan Tajali Nur]]>;
<![CDATA[Aullia Vivi Yulianingrum]]>;
<![CDATA[Setiyo Utomo Utomo]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6690
<![CDATA[This article is to analyze the existence of other laws and regulations listed in Article 8 of Law Number 12 of 2011 concerning the Formation of Laws and Regulations; which is assumed to be regulation . The current condition is that the legal product in question is in its formation it is very easy and fast to handle state affairs. However, the scope and testing are not yet clear. and the amount is uncontrolled. The main problem of this research; First , in the form of the need to evaluate the characteristics of the legal product contained in Article 8 in the a quo provisions . Second , tracing position law or degree of other laws and regulations with regulation legislation is seen from the perspective of legal science. The method used is classified as normative legal research with a legal and doctrinal approach. Thus, the results of this study explain several important things, namely First , there were findings in the form of differences characteristics between statutory regulations (regeling) and legislative regulations other (policy regulations) or called as a Regulation Policy. The difference in legal status can be measured through several indicators such as the formation, scope or nature and its testing. Both sit down regulation legislation other as regulation implementer to synergize regulations and policies through separation of the position of other laws and regulations to be included in laws which are per se related to government administration with touchstone of General Principles of Good Governance through Administrative Justice]]>
<![CDATA[The Relationship of State Power Branches in the Perspective of Trias Politika Theory After 25 Years of Reform ]]>
<![CDATA[Haryanti, Amelia]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6698
<![CDATA[This study examines the configuration of relations between the branches of state power in Indonesia—executive, legislative, and judicial—from the perspective of the trias politika theory, after two and a half decades of the reform era. The 1998 reform became an important milestone in the paradigm shift in the state constitution, marked by efforts to redistribute power to erode the dominance of the executive that emerged during the New Order period. With a juridical-normative approach and qualitative-descriptive analysis methods, this study examines various laws and regulations, institutional practices, and important decisions of judicial institutions that reflect the dynamics of relations between branches of power. The findings show that although normatively there is a more proportionate separation and division of powers, there are still practical identification of the tendency to dominate the executive branch, weak legislative control, and challenges to the independence of the judiciary. The implication of this condition shows the need to substantively strengthen the principle of checks and balances, as well as continuous institutional reform so that the ideals of trias politik can be actualized in a democratic and accountable system of government.]]>
<![CDATA[KORUPSI BERSELUBUNG DALAM KEBIJAKAN TATA NIAGA TIMAH SEBAGAI BENTUK ANCAMAN BAGI KEAMANAN LINGKUNGAN ]]>
<![CDATA[Djuni Thamrin]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6699
<![CDATA[Corruption is a major enemy of this nation that must be eradicated. The fight against various forms of corruption, from this perspective, is a dynamic within the realm of environmental security. This domain focuses on threats and risks related to the management of environmental resources, rather than threats from external aggression. It emphasizes the regulation of state resource governance to ensure that these resources are fully utilized for the welfare of the people. Public policy becomes a strategic arena that is structured to contribute to national development. However, such policies are implemented by state actors and, in practice, can be “opened up” for personal gain. Article 4, paragraph (2) of Indonesian Law No. 3 of 2020 on Mineral and Coal Mining (Minerba) states that the control of mineral and coal resources lies with the State. This means that only the central government holds the authority over their governance, which in turn centralizes the potential for corruption. This qualitative descriptive study aims to investigate how policy corruption becomes a threat to national security by further analyzing the tin trade governance within the mining concession area of PT Timah from 2015 to 2022. The academic findings conclude that in the case of the tin trade governance in PT Timah's mining concession from 2015 to 2022, state actors specifically officials from the Directorate General of Mineral and Coal at the Ministry of Energy and Mineral Resources (ESDM) unlawfully altered the 2019 Work and Budget Plan. These actions were carried out in collusion to benefit themselves and illegal tin mining operations, including foreign investors dominating this strategic sector. Novelty: The emphasis on asset recovery efforts as a form of impoverishment for corruptors, intended as a deterrent.]]>
<![CDATA[Reconstruction of Coercive Measures in the Indonesian Corruption Criminal Justice System ]]>
<![CDATA[Asnawi]]>;
<![CDATA[Febrian]]>;
<![CDATA[Nashriana]]>;
<![CDATA[Febby Mutiara Nelson]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i2.6701
<![CDATA[This study examines the reconstruction of coercive measures within Indonesia’s criminal justice system for corruption cases, with a focus on procedural disparities among law enforcement agencies and the urgency for reform in criminal procedural law. The legal issues addressed include the disharmony in implementing coercive actions—such as arrest, detention, search, and seizure—among institutions like the Police, the Prosecutor's Office, and the Corruption Eradication Commission (KPK). The aim of this research is to formulate a direction for reconstructing a more integrated and just system of coercive measures in handling corruption cases. The study adopts a normative juridical method, utilizing statutory and conceptual approaches, and is analyzed qualitatively. The novelty of this research lies in its proposed design of a coercive measures system based on institutional integration and the principle of due process of law, which has not yet been explicitly regulated in Indonesia's current legal framework. The findings reveal overlapping authorities and procedural inconsistencies that hinder the effectiveness of law enforcement. The main recommendation is to revise the Indonesian Code of Criminal Procedure (KUHAP) by incorporating coordinating norms among institutions and standardized procedures for coercive measures in corruption cases, in order to ensure accountability and the protection of suspects' fundamental rights.]]>
