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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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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 Sinay, Siti Barora; Alwan, Sultan; Rosyidi , Irham
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 Nugroho, Eko Rial; 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; Ramadhaniah, Putri; Arifin, Arifin; Hasintongan Sianipar, Geofanny Guruh
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.
Legal Protection of Children After Divorce: A Comparative Study of Islamic Law and the Child Protection Act Syafiq, Muhammad; Fitriyanti, Vivit; Harun, Nurlaila; Abidin, Kurniati; Haikal Tunisi, Muhammad; Stanislaus, Surip
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.v24i2.6674

Abstract

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.
Protection of Traditional Cultural Expressions of the North Sulawesi Community Against Unauthorized Use for Commercial Purposes Kalalo, Merry Elisabeth; Kapugu, Betsy Anggreni; Rompas, Deizen
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.v24i2.6675

Abstract

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
Legal Protection Mechanisms for Child Sexual Abuse Victims: Comparative Analysis of Indonesian and United States Criminal Procedures Saputra, Rian Prayudi; Hafiz Sutrisno
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.v24i2.6677

Abstract

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.
Entertaining to Buy: Exploring the Role of Immersion in Live Streaming and Its Influence on Purchase Intention in Student Social Commerce abdhy; Rika Eliana; Adam Fadillah
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.v24i2.6678

Abstract

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.
Influence of Tiktok Account @dokterdetektif Credibility on Followers Trust in Information Hamzah, Adrian Fadhullah; Destiwati, Rita
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.v24i2.6679

Abstract

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.

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