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 1,718 Documents
 143   144   145   146   147 
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.
Law and Representation: Gender, Power, and Religious Narratives in Indonesian Film Shela Kusumaningtyas
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.v24i2.6798

Abstract

This article critically examines the intersection of gender, power, and religious ideology in the Indonesian film Tuhan, Izinkan Aku Berdosa, using Roland Barthes’ semiotic framework within a communication studies perspective. By analyzing the denotative, connotative, and mythical meanings of key visual elements—such as the hijab, spatial dynamics, lighting, and body language—the study reveals how symbolic narratives in the film reproduce patriarchal discourse and religious authority that regulate women’s bodies and moral identities. Film, as a form of mediated communication, functions not merely as entertainment but as a powerful ideological text that shapes public perception, reinforces cultural myths, and contributes to the construction of social norms. Building upon this, the article expands the analysis by connecting the film’s symbolic representations to Indonesia’s legal and policy frameworks, including Islamic family law, local moral regulations (Perda Syariah), and recent legislation on sexual violence. Through this interdisciplinary approach, the study engages feminist legal theory and reformist Islamic scholarship to show how cinematic representations both reflect and challenge institutionalized gender inequality. The findings demonstrate that visual communication in film can serve as a discursive arena for negotiating religious authority, exposing moral hypocrisy, and contesting legal injustices. Ultimately, this study underscores the critical role of film as a medium of cultural resistance and legal reflection in contemporary Indonesian society.
Intellectual Property Rights in the Age of AI and Big Data: A Reinterpretation of the Concept of Creativity in Legal Philosophy I Kadek Widi Pranajaya; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6801

Abstract

The legal issue addressed is the growing misalignment between traditional IPR doctrines—which require originality and human subjectivity—and the emerging reality of content creation that is either generated or significantly assisted by AI systems and data-driven processes. The primary objective of this research is to critically reassess the normative foundations of the concept of "creativity" within IPR law, employing a legal-philosophical approach, and to propose a more adaptive legal framework in response to technological advancements. The study adopts a normative juridical method combined with a progressive legal philosophy approach, and conducts a conceptual analysis of both international and national regulations concerning IPR, AI, and data governance. The novelty of this research lies in the formulation of the concept of hybrid creativity—an acknowledgment of non-anthropocentric forms of creative expression that possess expressive, aesthetic, and utilitarian value, even when generated through algorithmic intervention. The findings indicate that the exclusive recognition of human creativity is increasingly insufficient, and that a more inclusive legal paradigm is needed to accommodate the role of AI as a subject—or at least a co-creator—within the IPR system. The study recommends the establishment of a new category of IPR that recognizes AI-generated works, alongside a reformulation of originality and ownership criteria aligned with principles of distributive justice and technological progress
Potret Hukum Keluarga Muslim Di Nigeria, Somalia, dan Ghana: Regulasi Hukum Perkawinan dan Kewarisan yang berlaku bagi orang Islam di Nigeria, Somalia, dan Ghana Dede Andi; Oyo Sunaryo Mukhlas; Siah Khosyi’ah
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.v24i1.6810

Abstract

Nigeria, Somalia, dan Ghana merupakan negara-negara dengan komposisi penduduk Muslim yang berbeda: Nigeria sekitar 51%, Somalia mayoritas 99%, dan Ghana minoritas 19,9%. Ketiganya memiliki karakteristik hukum yang beragam dalam mengatur keluarga Muslim. Penelitian ini bertujuan untuk menganalisis regulasi hukum keluarga Muslim di ketiga negara tersebut. Metode yang digunakan adalah deskriptif-analitis dengan pendekatan yuridis normatif. Data diperoleh melalui studi kepustakaan terhadap peraturan perundang-undangan dan literatur relevan, kemudian dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa pemerintah federal Nigeria memberikan kewenangan kepada 12 negara bagian di wilayah utara untuk mengatur hukum keluarga Muslim berdasarkan hukum Islam. Namun, keterlibatan negara relatif minimal karena pelaksanaannya lebih banyak diserahkan kepada otoritas keagamaan lokal yang mayoritas menganut mazhab Maliki. Di Somalia, negara berperan dominan melalui kodifikasi dan modernisasi hukum keluarga Islam yang tertuang dalam Family Law tahun 1975. Sementara itu, di Ghana, hukum keluarga Muslim diatur dalam Mohammedan Marriage Ordinance (Cap 129 Tahun 1951), namun regulasinya tidak komprehensif. Negara memberikan kebebasan bagi komunitas Muslim untuk menjalankan hukum Islam sebagai bagian dari living law yang hidup dalam masyarakat.
Implementation Of Mediation Function By Semarang City Manpower Department As An Instrument For Non-Litigation Settlement Of Labor Disputes: Implementation Of Mediation Function By Semarang City Manpower Department As An Instrument For Non-Litigation Settlement Of Labor Disputes Faisal Andhika
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.v24i1.6815

Abstract

Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes is the legal umbrella that regulates the procedures for resolving industrial relations disputes between employers/companies and workers/laborers. The duties of an industrial relations mediator are to foster industrial relations, develop industrial relations, and resolve Industrial Relations Disputes. The Mediator is obliged to provide written recommendations to the disputing parties to resolve disputes over rights, interests, termination of employment, and disputes between trade unions/labor unions. The study results indicate that in the implementation of industrial relations dispute mediation, the provisions regarding the time to provide written recommendations from the Mediator in the event of no agreement in resolving the dispute to the parties have not been adequate because they often exceed the specified period. The obstacles faced by industrial relations mediators in resolving dispute cases are the difficulty of bringing together the two disputing parties and the difficulty of the disputing parties. Employers who are domiciled abroad or out of town find it difficult to spare their time. And the limited authority given by the company to personnel hinders the mediation process.
Axiological Aspects of Legal Science from the Muhammadiyah Perspective Kelik Wardiono; M Junaidi; Wardah Yuspin; Isman Isman; Trisno Rahardjo; Syamsul Hidayat
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.v24i2.6835

Abstract

This study aims to determine the purpose of legal science for Muhammadiyah, specifically the Majelis Tarjih (Islamic Council of Muhammadiyah). This is highly urgent, because the Majelis Tarjih is an entity within Muhammadiyah that is responsible for providing solutions to the problems of the people's lives, especially Muhammadiyah members and Muslims in general. In general, the purpose of legal science is to ensure justice, legal certainty, and benefit. Legal scholars have provided an overview of justice, legal certainty, and benefit. Some argue that law is just if it has legal certainty. Meanwhile, the law is certain if it is written or codified. On the side of benefit, there are also many differences. Is the benefit for the victim only, or for the perpetrator as well? The above matters are constantly experiencing dynamics. Therefore, Muhammadiyah, in this case the Majelis Tarjih, wants to provide an alternative purpose of legal science. Based on this, this research has a fairly high urgency, considering that the Majelis Tarjih in its legal istbath should not deviate from the purpose of the law itself. This research method is normative research with a library approach. The research begins by analyzing Islamic sharia by classifying what is fixed (muthasibat) and what is changeable (muthaghoiroh). These two aspects are then discussed in dialogue with the objectives of sharia (maqasidu shari'ah). In the next stage, the author will study the istinbat method of the tarjih assembly's law to synchronize the objectives of law with the istinbath method of the Muhammadiyah tarjih assembly. The findings of this study are that the objectives of law from the Muhammadiyah perspective are flexible. This flexibility lies in achieving benefits and avoiding harm.
Sowing Peace, Reaping Harmony: The Role of Religious Figures in Grounding Religious Moderation in Sulawesi (A Socio-Legal Study M Taufan B; Arief Budiono; Ubay Ubay; Marzuki Marzuki; Sapruddin Sapruddin; Hamiyuddin Hamiyuddin; Muhammad Amin Hanafi
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.v24i2.6836

Abstract

This study critically inquires the role of religious figures within the framework of instilling the concept of religious moderation in Indonesia. The main reason for this study is that social facts in Indonesia today, indicate that there are certain people who interpret religion in extreme ways. This is the background behind the issuance of Presidential Regulation Number 18 of 2020 which places religious moderation as a fundamental social capital for nation building. In line with that, this paper maps out the strategies run by religious leaders in carrying out their roles in grounding the concept of religious moderation. This article is based on socio-legal research. The data were collected through observation, in-depth interviews, and documentation. The result of this study shows that religious leaders play an important role in instilling religious moderation by acting as inspirations in inter-religious interactions, motivators in understanding religious moderation, role models in moderation behavior, initiators of moderate religious perspectives, promoters of internal and external dialogue, mediators, catalysts, in carrying out Islam as rahmatan li al-alamin, and is at the forefront (spearhead) in socializing the concept of religious moderation.
Waste Policy Management in the Bengawan Solo River Basin in the Surakarta Area, Indonesia Absori Absori; Arief Budiono; Rizka Rizka; Trias Hernanda; Moh Indra Bangsawan; Achmadi Achmadi
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.v24i2.6842

Abstract

Introduction: The waste management in the Bengawan Solo River basin in Indonesia leaves a feeling of profound sadness as the river is filled with waste and is very dirty. It decreases the quality of the river water and the environment around the river basin. This research aims to analyze the implementation of waste management around the Bengawan Solo River basin. This was a type of sociological legal research, i.e., research which utilized data from the field. This was descriptive qualitative research, meaning that it describes the policy on waste management in the Bengawan Solo River basin and the authors selected qualitative data to be analyzed. The authors conducted the sociological approach which was obtained from respondents through interviews and observation in the field. The data were processed and analyzed qualitatively. Then, the authors drew a conclusion. Results and Discussion: There is a very high volume of pollution and waste in the Bengawan Solo River as society lacks environmental awareness, making them not think twice about littering in rivers. Apart from that, the government does not carry out enough systematic efforts by educating society, implementing legal sanctions, or cleaning the river, worsening the condition of this river. Conclusion: The government needs to show a firm attitude in law enforcement by imposing sanctions on pollution and littering perpetrators in the Bengawan Solo River as well as increasing the budget and apparatus to carry out river cleaning activities.

Page 145 of 172 | Total Record : 1718

 143   144   145   146   147 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol. 25 No. 1 (2026): Pena Justisia 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