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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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Juridical Review of the Annulment of Arbitral Awards by the District Court: A Case Study of Decision No. 167/Pdt.P/2000/PN.Jkt.Pst Ervianti, Meliala Nur; Setiadi, Edi; Heniarti, Dini Dewi
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.v24i1.6947

Abstract

one form of alternative dispute resolution that is final and binding. However, in practice, arbitral awards may still be annulled by the district court based on the provisions of Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This article provides a juridical analysis of the annulment of an arbitral award by the Central Jakarta District Court in case No. 167/Pdt.P/2000/PN.Jkt.Pst. This research employs a normative juridical method with a case study approach. The findings indicate that the annulment by the district court in this case did not fully comply with the annulment provisions stipulated in Article 70, and it potentially undermines the principles of finality and legal certainty in arbitration
Dinamika Sistem Pemerintahan Kesultanan Ternate: Analisis Kritis Integrasi Ino Mano Nako dalam Perspektif Hukum Tata Negara Indonesia Abdullah, Baharuddin; Ali, Radia; Fikri; Saidah; Muchsin, 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.v24i2.6952

Abstract

This study elaborates on the governance pattern of the Ternate Sultanate as a form of integration between customary law and Islamic law through modern constitutional concepts. This research is significant for enriching the discourse on the diversity of governance systems based on local Indonesian values, which remains limited compared to studies on modern systems. A qualitative method was applied through the study of historical manuscripts, literature, and intensive dialogue with key actors. The findings reveal that this tiered structure represents a harmonious integration of customary law is represented by the Bobato Dunia institution and the Fala Raha council, Islamic law is represented by the Bobato Akhirat institution in the spiritual system, while modern constitutional law concepts are evident in the division of powers and the leader selection mechanism, which reflects an elite democracy. This governance model of the Sultanate demonstrates the adaptation of local values within a modern state system. It also recommends the formal validation of customary governance systems and policies that support regional autonomy without compromising national integration. Further research is required on public perception and comparative studies with other sultanates.
Strengthening Alternative Law for Business Dispute Resolution between StateOwned Enterprises and Peace-Oriented Private Enterprises (Benefit-Benefit Solution) Bambang Hariyanto; Annalisa Yahanan; Muhammad Syaifuddin
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.v24i1.6983

Abstract

The settlement of business disputes in the current State- Owned Enterprises Law accommodates Alternative Dispute Resolution through consensus. However, the ADR regulation only governs disputes between state- owned enterprises and private enterprises. In fact, ADR as a nonlitigation instrument is very suitable and popularly used by business companies at the global and national levels with the principle of beneficial solutions. The absence of ADR provisions for dispute resolution between SOEs and private companies is an issue that has been raised with the following objectives: 1. To analyse the applicable legal provisions on alternative dispute resolution in handling business disputes between SOEs and private companies; 2. Strengthenalternative dispute resolution laws in resolving business disputes between SOEs and private companies with a focus on mutual benefit for the disputing parties (benefit-benefit solution). The results of the study show that: 1. APS regulations are found in different laws and regulations governing various business sectors, but they are not fully and specifically regulated in the State-Owned Enterprise Law, Limited Liability Company Law, Arbitration Law, and the APS itself. 2. Legal reinforcement is needed to regulate ADR in the SOE Law, the PT Law and the establishment of a special ADR Law in order to create peace-oriented ADR that is beneficial to disputing SOEs and BUMS.
Constitutional Court (MK) Interpretation Of The Element of Urgency In The Formation Of A Government Regulation instead of Law ( PERPPU): Constitutional Court (MK) Interpretation Of The Element of Urgency In The Formation Of A Government Regulation instead of Law ( PERPPU) Nurasikin, Nurasikin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.6990

Abstract

The number of government regulations, instead of laws (Perppu), formed by the Government due to urgent circumstances, such as the formation of the Job Creation Perppu, has now become a law. Perppu as Emergency Legislation is based on the reasons of Innerenootstand (internal emergency) in urgent circumstances in terms of substance, and urgent in terms of time. This research uses a normative legal research type, with the approach used being the statute, conceptual, and case study approaches. Based on the results of the research, the legal requirements for the birth of a Perppu are: There is a situation, namely an urgent need to resolve legal problems quickly based on the LawLaw, the required LawLaw does not yet exist so that a legal vacuum occurs, or there is a law but it is inadequate and the legal vacuum cannot be overcome by make ConstitutionConstitution in a way procedure normal Because it will take quite a long time, while these urgent situations need certainty to be resolved. However, it becomes a legal problem when the Perppu was formed but did not comply with the elements for creating a Perppu. The Constitutional Court can carry out the testing. Will, but until the moment. This rule is clear about the Court Constitution, which is entitled to interpret the Law according to a rule or Law.
Implikasi Pembangunan IKN terhadap Hak Ulayat Masyarakat Adat di Kalimantan: Perspektif Hukum Agraria Indrie Koriawaty futri
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.v24i1.7014

Abstract

From an agrarian law perspective, this study examines how the development of the National Capital City (IKN) has affected the traditional rights of indigenous peoples in Kalimantan. Legal regulations related to the traditional rights of indigenous peoples, the impact of IKN development on the sustainability of traditional rights, and the effectiveness of legal protection for the traditional rights of indigenous peoples are the three main issues highlighted by the normative research methodology in this study, which combines a legislative approach with case analysis. The results of the study show that there are still major obstacles to the implementation of customary rights, even though these rights have been constitutionally recognised in the 1945 Constitution and the Basic Agrarian Law. There is a division in the recognition of customary rights due to the political nature of the IKN Law and the lack of involvement of indigenous peoples in policy formulation. A number of indigenous groups, including the Balik tribe and the Kutai Kartanegara Sultanate, have filed conflicting claims over the 257,142 hectares of IKN as a result of its development. These two groups not only question the legitimacy of ownership rights, but also threaten long-standing economic, social and cultural norms. The incomplete inventory process and the fourteen-year delay in the ratification of the Indigenous Peoples Bill indicate that the effectiveness of legal protection of indigenous rights is still inadequate. This study recommends strengthening regulations through the ratification of the Indigenous Peoples Bill, intensifying coordination between ministries, and implementing alternative dispute resolution mechanisms through indigenous arbitration and restorative justice.
Doktrin Strict Liability sebagai Inclusive Mechanism Bagi Konsumen yang Dirugikan Akibat Ketidaksesuaian antara Produk dengan Gambar dalam Transaksi E-Commerce: Perspektif Hukum Inklusif: An Inclusive Legal Perspective I Gede Yudi Mahendra; Kadek Januarsa Adi Sudharma; I Gede Agus Kurniawan
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.v24i2.7032

Abstract

The rapid growth of e-commerce has created both opportunities and challenges in consumer protection, particularly in cases where products do not match the images displayed on digital platforms. This situation raises legal concerns because consumers often find themselves in a weak position to prove the fault of business actors. The prevailing paradigm of fault-based liability is considered less effective in ensuring access to justice, thereby necessitating a more inclusive legal mechanism. This study aims to analyze the liability of business actors within the framework of Indonesian positive law and to formulate the doctrine of strict liability as an inclusive legal mechanism in e-commerce transactions. The research employs a normative juridical method with both conceptual and statutory approaches. Data were collected through library research, which includes primary legal materials such as legislation, secondary materials in the form of scholarly literature, and tertiary materials that support legal interpretation.The findings indicate that although Law No. 8 of 1999 on Consumer Protection, the Indonesian Civil Code, and Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions regulate the obligations of business actors, the fault-based paradigm still hinders consumers from obtaining effective protection. The novelty of this research lies in proposing the formulation of strict liability within an inclusive legal framework, where liability is automatically attached to business actors without requiring proof of fault. This concept is expected to strengthen consumer protection while ensuring a fair balance of interests in the digital trade ecosystem
Law Enforcement of Skimming as a Cyber Crime: Digital Forensic Challenges and Evidence in Court Wardani, Dian Eka Kusuma; Raodiah; Gazali, Indrahayu M. Umar
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.v24i1.7035

Abstract

Skimming is a form of cybercrime that continues to grow with the increasing use of digital banking technology. This method involves stealing customer card data through special devices installed on ATMs or payment terminals, resulting in significant financial losses. This article discusses law enforcement against skimming, focusing on two main aspects: digital forensic challenges and evidence in court. The research method used is a juridical-normative approach with a literature review, which includes analysis of laws and regulations, legal literature, and actual cases related to skimming. Furthermore, a case study approach is used to examine the application of digital evidence in the judicial process. The results show that investigators face difficulties in identifying electronic traces, analyzing evidence, and ensuring the authenticity of digital data that is vulnerable to manipulation. Another challenge lies in providing evidence in court, where judges and law enforcement officials often have limited technical understanding of digital forensics. However, judicial practice shows that digital evidence is admissible if obtained legally and supported by adequate forensic expertise. Thus, law enforcement against skimming requires synergy between regulations, technology, and the competence of law enforcement officials. Collaboration between digital forensic experts and law enforcement is key in addressing skimming as a cybercrime.
Turkish Religious Diplomacy An Analysis of Efforts to Achieve Socio-Political Consensus Through the 2016 Global Islamic Calendar Congress Muhammad Arafat; Susiknan Azhari; Anisah Budiwati; Yusril Nurilham
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 2 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7047

Abstract

The absence of a universally accepted Hijri calendar has long generated socio-religious fragmentation across the Muslim world, with recurrent divergences over the start of Ramadan, Shawwal, and Dhu al-Hijjah. This article interprets the 2016 International Hijri Calendar Unity Congress in Istanbul not merely as a technical-astronomical gathering but as a strategic exercise in religious diplomacy orchestrated by Turkey’s Presidency of Religious Affairs (Diyanet). Using a descriptive–analytical qualitative design, the study synthesizes academic, institutional, and media sources to examine how Turkey leveraged agenda-setting, coalition-building, and procedural innovation to advance calendar unification. Historically embedded within a longer OIC-linked process (2005 Yemen resolutions; 2008 Mecca; 2013 Istanbul), the 2016 congress converted protracted deliberation into a vote-backed, criteria-specific decision package. Subsequent diffusion (most clearly the SGHC adoption by Muhammadiyah for full implementation from 26 June 2025) demonstrates Turkey’s capacity to translate scientific-fiqh convergence into transnational policy uptake. Findings indicate that the congress projected Turkey as a modern, rational leader capable of reframing a civilizational problem while subtly contesting traditional Arab religious authorities. Yet universal consensus remains elusive due to sovereignty politics (notably in Saudi Arabia), OIC institutional inertia, and grassroots attachment to local rukyat. The article clarifies both the reach and the limits of Turkey’s faith-based soft power in a polycentric Islamic order.
The Role of the the Civil Service Police Unit in Controlling Street Vendors in Yogyakarta: A Theory of Istislah Perspective Mariyono; Ahmad Baidowi; Ahmad Asroni; Sumarjoko; Husna Nashihin
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.v24i1.7050

Abstract

This study examines the role of the Civil Service Police Unit (Satpol PP) in managing and regulating street vendors in Yogyakarta through the lens of the theory of istislah (public interest). The dynamic between efforts to maintain urban order and the protection of small-scale economic rights highlights the complexity of enforcement policies. The theory of istislah serves as a normative foundation to evaluate the extent to which these policies reflect principles of public welfare. The findings reveal that the current enforcement approach, which tends to be repressive, needs to be transformed into a more persuasive and participatory model. More human regulations and the active involvement of street vendors in the policymaking process are essential to achieve social justice and sustainable urban space governance. This study recommends a collaborative, welfare-oriented approach as a long-term solution for managing street vendors in Yogyakarta.
Restorative Justice Approach for Children Who Commit Crimes During Demonstrations: Law Enforcement and Future Arrangements Ni Nyoman Ayu Risna Maryuni; A.A.A Ngr. Tini Rusmini Gorda; I Gede Agus Kurniawan
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.v24i2.7052

Abstract

Demonstrations are one form of community effort to channel their rights and express their opinions. Basically, demonstrations have been regulated in various laws and regulations, particularly to ensure that those demonstrating are adults and can do so in a conducive and law-abiding manner. In practice, there are children, particularly school-aged children, who participate in demonstrations without knowing their purpose or goals, and instead engage in actions that damage facilities and break the law. This research aims to analyze the Restorative Justice approach for children, particularly when children face the law, such as when they participate in demonstrations. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that, based on various laws and regulations, children are not permitted to participate in demonstrations, but the state is still obligated to provide space and facilitate children in expressing their aspirations and rights. Regarding children who commit unlawful acts while participating in demonstrations, law enforcement agencies, particularly the police, must optimize the Restorative Justice approach by involving parents, teachers/educators/community leaders, and the Indonesian Child Protection Commission (KPAI) to ensure that children who commit unlawful acts during demonstrations can understand their mistakes without losing their rights to grow and develop. This research recommends legal updates to regulations governing public expression, emphasizing a Restorative Justice approach for children who commit legal violations during demonstrations

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