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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 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 Pransisto, Johamran
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 Barus, Utary Maharany; 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) Reumi, Frans; Kaplele, Farida; Reumi, Tom Alfa Samuel
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 Kusumaningtyas, Shela
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.
Patents and Innovation: A Perspective from the Economics of Law and Distributive Justice Agustino, Anak Agung Gede Hery; Kurniawan, I Gede Agus
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.v24i2.6800

Abstract

This study explores the issue of patent rights and innovation through the lens of economic legal theory and distributive justice, focusing on the legal concerns surrounding unequal access to patented innovations. In the context of globalization and a knowledge-based economy, patents function as strategic tools to protect innovation; however, they often generate exclusivity that leads to inequities in benefit distribution. The primary objective of this research is to analyze how patent rights as part of the intellectual property regime operate within the framework of economic law and whether their application reflects the principles of distributive justice in society. This research employs a normative juridical method, utilizing statutory and conceptual approaches. Data are obtained through literature review of relevant legislation, legal theories, and judicial decisions. The novelty of this study lies in its integration of economic legal theory and distributive justice in evaluating the effectiveness of the patent system in Indonesia, particularly regarding its impact on public access to innovation outcomes in sectors such as healthcare and technology. The findings reveal that the current patent system tends to favor capital holders and contributes to disparities in access to innovation benefits. Overly protective patent regimes may hinder knowledge diffusion and obstruct inclusive development. This study recommends a reformulation of patent policies to align with the values of distributive justice by adopting a legal approach that is responsive to public interest and supportive of local innovation empowerment.
Intellectual Property Rights in the Age of AI and Big Data: A Reinterpretation of the Concept of Creativity in Legal Philosophy Pranajaya, I Kadek Widi; Kurniawan, I Gede Agus
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.v24i2.6801

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
A Study of Legal Hermeneutics on the Interpretation of Trademark Law in Commercial Disputes Putra, I Kadek Ricky Adi; A.A.A Ngr Sri Rahayu Gorda; Kurniawan, I Gede Agus
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.v24i2.6803

Abstract

This study examines the application of legal hermeneutics in interpreting trademark law, particularly within the context of commercial dispute resolution. The legal issue under scrutiny lies in the inconsistency of judicial interpretations of trademark provisions, which often result in legal uncertainty and perceived injustice for business actors. The objective of this research is to analyze how the legal hermeneutic approach can offer a more contextual and equitable understanding in the interpretation of trademark law, especially in light of the evolving dynamics of modern commercial practices. This research employs a normative legal method, incorporating a hermeneutic approach. Data were collected through a literature review of statutory regulations, court decisions, and relevant academic literature. The hermeneutic framework is used to uncover the substantive meaning of legal norms within their social, economic, and cultural contexts. The novelty of this study lies in its application of legal hermeneutics to trademark disputes in Indonesia—an area that has predominantly been analyzed through textual or positivist lenses. The findings indicate that the hermeneutic approach reveals the teleological dimensions and substantive justice values embedded in trademark law interpretation. This method also contributes to producing judicial decisions that are more responsive to the complexities of business relations and consumer protection. The study recommends that judges and legal practitioners begin adopting a hermeneutic legal approach when handling trademark disputes, as a means to enhance legal legitimacy and ensure a more contextually grounded legal certainty
Potret Hukum Keluarga Muslim Di Nigeria, Somalia, dan Ghana: Regulasi Hukum Perkawinan dan Kewarisan yang berlaku bagi orang Islam di Nigeria, Somalia, dan Ghana Andi, Dede; Mukhlas, Oyo Sunaryo; Khosyi’ah, Siah
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, and Ghana are countries with distinct demographic compositions of the Muslim population: approximately 51% in Nigeria, 99% in Somalia, and 19.9% in Ghana. Each jurisdiction demonstrates diverse legal characteristics in the regulation of Muslim family law. This study aims to analyze the regulatory framework and the effectiveness of Muslim family law in these three jurisdictions. The research employs a descriptive-analytical method with a normative juridical approach. Data were obtained through a library-based examination of statutory provisions and relevant literature, and subsequently analyzed qualitatively. The findings indicate that the Federal Government of Nigeria has delegated authority to twelve northern states to regulate Muslim family law in accordance with Islamic law. Nevertheless, state involvement remains relatively minimal, as implementation is largely entrusted to local religious authorities, most of whom adhere to the Maliki school. In Somalia, the state assumes a dominant role through the codification and modernization of Islamic family law as embodied in the 1975 Family Law. By contrast, in Ghana, Muslim family law is regulated under the Mohammedan Marriage Ordinance (Cap 129 of 1951); however, the regulation is not comprehensive, with the state granting Muslim communities autonomy to observe Islamic law as a form of living law within society. The effectiveness of Muslim family law thus requires a balance between clear and comprehensive legal substance, robust institutional structures, and a legal culture supportive of its implementation

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