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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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URGENCY OF RESPONSIBILITY GOVERNMENT IN FULFILLMENT CONSTITUTIONAL RIGHTS OF PERSONS WITH DISABILITIES TO GET FAIR EMPLOYMENT Mashari Mashari
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.v24i2.6709

Abstract

Government Responsibility in fulfil right constitutional citizens whoguarantee continuity life every citizens , including people withdisabilities who have not yet obtained employment according toexisting regulations. Formulation of problems in research Thisincluding : fulfillment right constitutional sufferer disability to get a jobis not fair; and urgency of responsibility answer government infulfillment right constitutional sufferer disability to get fair work. Thisresearch method uses a normative legal research type, namely researchusing secondary data as the main data, while primary data assupporting data. This research also uses a legislative approach, aconceptual approach, a comparative approach, and a case approach.Research Results This show Arrangement right constitutional suffererdisability to get a job moment This regulated in Article 5 paragraph (1)of Law Number 8 of 2016 concerning Persons with Disabilities , whichstates that the Government and Regional Governments have aresponsibility to fulfill the rights of Persons with Disabilities.Fulfillment right constitutional sufferer disability to get a job is not fairbecause internal factors still exist low level education suffererdisabilities that become reason existence gap skills between suffererdisability with worker normal . While external factors still have limitedaccessibility in various aspects of life, such as education, health,transportation, and work. Urgency of Responsibility Government infulfillment right constitutional sufferer disability To obtain fair work,Article 27 paragraph (2) of the 1945 Constitution of the Republic ofIndonesia regulates the right of every person to work and obtain adecent income. While the right constitutional sufferer disability to geta job at an agency or BUMN or BUMD or Private sector that does notcomply provisions of Article 53 of the Law Number 8 of 2016concerning There are no sanctions for people with disabilities, thisshould be given strict sanctions so that it can be realized properly .
LEGAL PROTECTION FOR THE INSURED IN AN INSURANCE AGREEMENT IN THE EVENT OF A CLAIM DEFAULT Sri Retno Widyorini; Salma Nur Hanifah
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.v24i2.6710

Abstract

The phenomenon of insurance default that occurs to customers is relatedto research on critical evaluation of the Indonesian national legal systemand identifying the mechanism for resolving insurance law conflicts. Themethod used is normative juridical research with empirical andlegislative approaches, the data collected comes from literature studiesand literature studies. The data was analyzed qualitatively to analyzeinsurance laws in Indonesia, as well as the lack of regulations related tothe process of insurance. The results of the study show that although therehave been a number of regulations, such as Law Number 40 of 2014concerning Insurance and the Consumer Protection Law, theimplementation of legal protection for customers is still weak, especiallyin terms of settling claims and corporate liability in default. The disputeresolution mechanism through the courts, BPSK, and LAPS SJK also doesnot fully guarantee legal certainty and the effectiveness of theimplementation of the decision. The absence of policy underwriters andweak integration of the legal system put customers in a legallydisadvantaged position. This study recommends the establishment of aPolicy Guarantee Institution, strengthening the authority of disputeresolution institutions, and harmonizing regulations to strengthen legalprotection for customers. The implications of this study are important forimproving the insurance legal system in Indonesia, in order to realizefair, certain, and useful consumer protection in real terms
IMPLEMENTATION OF THE PROSECUTOR'S AUTHORITY IN THE IMPLEMENTATION OF JUSTICE FOR VICTIMS OF NARCOTICS ABUSE ACCORDING TO POSITIVE LAW Andri Ridwan; Adang Djumhur Salikin; Sugianto Sugianto; Didi Sukardi; Andi Lala
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.v24i2.6711

Abstract

Narcotics pose a global issue that jeopardizes public order and endangersboth physical and mental well-being. Narcotics usage in Indonesia hasevolved into a multifaceted issue with extensive ramifications,encompassing legal, social, psychological, and humanitarian dimensions.This study aims to evaluate the prosecutor's authority in implementingrestorative justice for victims of narcotics misuse, in accordance withstatutory legislation. The employed methodology is a qualitativedescriptive approach. Data was acquired through comprehensive surveysand conversations with prosecutors regarding the execution of theirpowers. What is the function of the prosecutor's office within the criminaljustice system concerning positive law? Describing Narcotics AbuseCases through Restorative Justice by the Prosecutor's Office TheRestorative Justice Approach serves as an application of the Prosecutor'sDominus Litis Principle, allowing the Prosecutor's Office the discretionto cease prosecution of narcotics abuse suspects, thereby fostering ajustice system that prioritizes rehabilitation over mere criminalization.
Contestation of Interests in the Development of Civil Virtue in the Nagari Community Aizil, Septri; Moeis, Isnarmi; Rafni, Al; Afdhal, Muhammad
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.v24i1.6726

Abstract

This study examines the dynamics of interest contestation in developing civic virtue within Nagari communities, specifically focusing on Nagari Sungai Pua following the 2023 Nagari Head Election (PILWANA). Through qualitative descriptive research conducted over three months (October-December 2023), involving 25 key informants from various social elements, this study reveals how political contestation significantly influences the development of civic values in traditional communities. The findings demonstrate that interest contestation manifests in three primary dimensions: social fragmentation patterns, transformation of collective decision-making mechanisms, and reconfiguration of traditional value systems. The research identifies that post-election polarization has created complex alliance networks transcending traditional tribal boundaries, affecting both formal social structures and informal community dynamics. Furthermore, the study highlights how modernization pressures have led to the development of sophisticated filtering mechanisms in selecting and adapting new values while maintaining fundamental principles rooted in local traditions. This research contributes to understanding how traditional communities navigate the challenges of maintaining civic virtue amid contemporary political dynamics, offering insights for policy development in local governance strengthening and social cohesion enhancement. The study suggests that successful civic virtue development depends heavily on the community's ability to manage interest contestation through constructive dialogue and public deliberation, emphasizing the importance of developing inclusive strategies that bridge various stakeholder interests while preserving traditional values.
Legal Protection of Copyright as a Digital Asset in Technology-Based Commercial Transactions in Indonesia Ariy khaerudin
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.v24i1.6736

Abstract

The development of digital technology has driven the transformation of the global economy, including in Indonesia, through the commercialization of digital assets such as creative works, Non-Fungible Tokens (NFTs), and e-commerce platforms. However, the national legal system is still unable to accommodate these dynamics comprehensively. This study aims to analyze the effectiveness of legal protection of CopyrightCopyright as a digital asset in technology-based transactions, using normative legal methods and legislative, conceptual, and comparative legal approaches. The results of the study show that Law Number 28 of 2014 concerning Copyright and related regulations still has a gap in norms in dealing with new forms of digital intellectual property, weak law enforcement, and limited technical understanding by law enforcement officers. In addition, the less-than-optimal regulation in the financial, taxation, and personal data protection sectors increases the legal risks for digital economy actors, especially MSMEs and content creators. Therefore, responsive legal reforms are needed to strengthen the digital justice system, integrate technologies such as blockchain and AI, and increase legal literacy and coordination between institutions. This reform is important to create a fair, safe, and sustainable digital ecosystem that supports the growth of the national creative economy.
Implementation of Legal Justice in the Implementation of Inclusive Education at Elementary and Secondary School Levels in Indonesia ismiyanto
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.v24i1.6738

Abstract

This study discusses the implementation of the principle of legal justice in inclusive education at the elementary and secondary school levels in Indonesia. Inclusive education is a form of fulfilling the rights of every citizen to non-discriminatory and equitable education, as guaranteed in the 1945 Constitution and other laws and regulations. Although normatively, there have been regulations that support it, such as Law No. 20 of 2003, Law No. 8 of 2016, and Permendikbud No. 70 of 2009, implementation in the field still faces many obstacles. This study uses a normative legal method with a statutory and conceptual approach. The results of the survey show that limited human resources, infrastructure, low budget allocation, and weak supervision and coordination between the central and regional governments still constrain the implementation of inclusive education. This study recommends the need for more operational policy reformulation, increased training for educators, strengthening the supervision system, and integration of cross-sectoral policies in order to realize fair and sustainable inclusive education.
Normative Criticism of the Implementation of Law No. 26 of 2007 Concerning Spatial Planning in Ensuring Legal Certainty of Land Rights Johamran Pransisto
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.v24i2.6742

Abstract

This study aims to rigorously analyze the application of Law No. 26 of 2007 on Spatial Planning in ensuring legal certainty for land rights in Indonesia. This study employs normative legal research methodologies, using both a legislative and a conceptual approach, concentrating on the investigation of positive legal norms and the disharmony between the Spatial Planning Law and the Basic Agrarian Law (UUPA). The study's findings indicate that the enactment of Law No. 26 of 2007 continues to exhibit several normative deficiencies, including the lack of alignment between the regional spatial plan (RTRW) and the land administration system, the absence of a compensation mechanism for spatial restrictions, and inadequate sanctions for officials who contravene spatial planning regulations. The lack of connection between geographical data and land data further intensifies legal ambiguity for rightful proprietors. This study's conclusion underscores the need to amend the Spatial Planning Law to enhance legal certainty, safeguard residents' civil rights to land, and ensure equitable, transparent, and responsible spatial planning.
Fulfillment of the Principle of Transparency Due to the Transfer of Receivables with Wakalah Al-Mutlaqah Without the Customer's Knowledge in Islamic Banking Utary Maharany Barus; Tengku Keizerina Devi Azwar; Montayana Meher
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.v24i2.6755

Abstract

This study discusses the fulfillment of the principle of transparency in the practice of transferring receivables through the wakalah al-mutlaqah contract carried out by Islamic banking without the knowledge of customers. Transparency is a fundamental principle in Islamic banking activities as a form of protection of customer rights. However, in practice, the transfer of receivables originating from financing contracts is often carried out through the granting of general power of attorney (wakalah al-mutlaqah) to a third party without notification or explicit consent from the customer as an interested party. The purpose of this study is to analyze the compliance of this practice with Islamic principles and applicable laws and regulations, and to assess the extent to which the principle of transparency is fulfilled. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a case approach. The results of the study indicate that although the transfer of receivables through wakalah al-mutlaqah is permitted under Islamic jurisprudence, its implementation without notification to the customer has the potential to ignore the principle of transparency and can lead to disputes. Therefore, it is necessary to strengthen internal regulations in Islamic banking so that the receivables transfer process continues to prioritize the principles of transparency and consumer protection in the Islamic financial system in Indonesia.
Analysis of the Role and Function of Foundations in Realising Private Higher Education that is Free From Corruption, Collusion, and Nepotism towards Good University Governance Muslim; Rina Rohayu Harun; Nurjannah Septyanun; Ufran
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.v24i1.6761

Abstract

This study aims to analyse the factors that influence the occurrence of corruption, collusion, and nepotism in private higher education foundations; Analyze the supervision and control mechanisms implemented by foundations to prevent corruption, collusion, and nepotism and determine the legal construction of the role and function of foundations in private higher education institutions that are free from corruption, collusion, and nepotism based on Good University Governance (GUG). This research is an empirical-normative legal study, complemented by empirical data. The research was conducted for 1 (one) month, starting from March 20 to April 20, 2025. The respondents were 5 (five) representatives of the foundation's management, the vice chairman of the academic institution, lecturers, and employees. The results of this study indicate that the practice of Corruption, Collusion, and Nepotism in private higher education foundations is caused by several primary factors such as lack of transparency and accountability, the dominance of certain families or groups, weak supervision, low leadership ethics, inconsistency of regulations with practices, internal political competition, and economic motives. To overcome this, foundations must implement strict monitoring and control mechanisms, including open recruitment, establishing internal monitoring units and external audits, transparency of financial reports, applying sound governance principles, and enforcing codes of ethics and whistleblowing systems. In the legal context, the role and function of foundations must be constructed based on the principles of Good University Governance (GUG), which makes foundations not only legal entities that organise education, but also motors of governance that are integrated, transparent, and accountable by applicable laws and regulations Keywords: Role and Function of Foundations, Corruption, Collusion, Nepotism (KKN), Good University Governance (GUG)
The Function of The Kinship Legal System and Legal Certainty of Land Rights of Papuan Customary Communities in Jayapura City (From a Philosophical, Sociological, and Legal Perspective) Frans Reumi; Farida Kaplele; Tom Alfa Samuel Reumi
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.v24i2.6769

Abstract

This study aims to analyze the function of the kinship legal system in regulating land rights for Papuan customary communities in Jayapura City, identify factors causing legal uncertainty, and formulate a policy model that can guarantee legal certainty of these land rights. This study uses philosophical, sociological, and juridical approaches to understand the role of values, social structures, and formal legal norms in the dynamics of customary land ownership. The findings indicate that the kinship legal system, particularly those based on patrilineal and matrilineal descent, remains the primary basis for recognizing land rights at the community level. However, the weak formal state recognition of this system, overlapping sectoral regulations, the absence of customary territory mapping, and limited community access to legal justice are the main causes of legal uncertainty. To address these issues, this study proposes a hybrid policy model that integrates formal legal recognition of customary rights, participatory mapping, strengthening customary institutions, and the implementation of the principle of Free, Prior, and Informed Consent (FPIC) throughout the licensing and development process. The results of this study emphasize the importance of synchronizing state law and customary law within the framework of Papua's Special Autonomy in order to create legal certainty that is just and contextual.

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