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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 1,718 Documents
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JOINT HANDLING OF CORRUPTION CRIMINAL ACTS BETWEEN LAW ENFORCEMENT OFFICERS (POLICE-PROSECUTOR-KPK) AS SEEN FROM THE THEORY OF INTEGRATIVE LEGAL Nawawi Pomolango; T Subarsyah; Dedy Hernawan
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.v24i1.7060

Abstract

Law enforcement efforts​ to uncover corruption crimes is not limited to convicting or imprisoning the perpetrators , but also involves recovering state losses by returning the assets and property they have misappropriated . This law enforcement effort is supported by the Draft Law on Asset Confiscation (Asset Confiscation Bill). This approach aligns with integrative legal theory , which emphasizes that multiple law enforcement agencies must collaborate in addressing corruption crimes . There is a legal basis for the cooperation between the Indonesian National Police, the Attorney General's Office, and the Corruption Eradication Commission (KPK) in handling corruption cases . In practice , however , there are still overlapping authorities and legal gaps arising from regulations , policies , or other statutory provisions , which can potentially lead to conflicts , deficiencies , or inefficiencies in tracing corruption cases . Therefore , this study aims to analyze the joint handling of corruption cases by law enforcement agencies in Indonesia, namely POLRI, the Attorney General's Office, and KPK, in the enforcement of anti -corruption laws . This study aims to analyze the joint handling of corruption cases by POLRI, the Attorney General's Office, and KPK in enforcing anti -corruption laws in Indonesia. Findings indicate that this collaboration is built on a solid legal framework and seeks to ensure law enforcement that is transparent , professional , and integrity-driven . In practice , several challenges remain , including overlapping authorities , weak coordination , sectoral egos, political interference , limited human resources , differences in standards operating procedures ( SOPs ), and inadequate data sharing . Recommended solutions include regulatory harmonization , SOP alignment , strengthening coordination through regular forums , enhancing professionalism and ethics among law enforcement officials , leveraging digital technology (e-audit, e- prosecution ), and empowering public participation to foster anti - corruption culture . The recovery of state financial losses in corruption cases is a critical component of anti -corruption efforts , highlighting the necessity of ratifying the Draft Law on Asset Confiscation to ensure effective restitution . Comparatively , the United States recovers losses swiftly through litigation and strict regulations ; Singapore experiences minimal losses due to effective prevention and assets seizure ; Malaysia faces significant losses with slow recovery processes ; whereas Indonesia continues to encounter challenges in coordination and regulatory implementation , resulting in suboptimal recovery of state assets
International Arbitration as a Pillar of Modern International Law: A Doctrinal and Practical Overview I Made Suwandana Putra; 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.v24i2.7064

Abstract

International arbitration has emerged as a key mechanism for resolving cross-border disputes in the modern era of international law. As an alternative to national judicial systems, arbitration offers a neutral forum capable of providing legal certainty and protecting the interests of parties, including states, multinational corporations, and individuals. This article examines the role of international arbitration as a pillar of international law, using both doctrinal and practical approaches. From a doctrinal perspective, arbitration is understood through basic principles such as party autonomy, neutrality, finality of awards, and international recognition of arbitration outcomes. From a practical perspective, the discussion covers the effectiveness of international arbitration institutions, such as the International Chamber of Commerce (ICC) and the International Centre for Settlement of Investment Disputes (ICSID), as well as the challenges of practical implementation, including costs, delays, and potential conflicts with domestic legal interests. This article argues that international arbitration is not merely a technical dispute resolution instrument but also a normative instrument that strengthens the legitimacy and stability of the international legal system. Thus, international arbitration can be viewed as a crucial foundation underpinning the development of contemporary international law, as well as a strategic tool for maintaining a balance between national interests and the global order.
A Bibliometric Analysis and Mapping of The Global Research Landscape on Public Distrust Toward The Police: Implications for The Indonesian National Police Rudy Candra; Ahmad Tamrin Sikumbang; Anang Anas Azhar
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.v24i2.7073

Abstract

This study aims to analyze the global research landscape regarding public distrust toward the police and its implications for strengthening the legitimacy of the National Police of the Republic of Indonesia. This study uses a bibliometric method with a quantitative-descriptive approach to analyze the global landscape of research on public distrust toward the police and its implications for strengthening the legitimacy of the National Police of the Republic of Indonesia. Data obtained from Crossref, Scopus, and Google Scholar for the 2020–2025 period using the keywords "police," "legitimacy," "trust," "distrust," and "public perception." The analysis was carried out through network analysis, co-occurrence mapping, and density visualization using VOSviewer. The results of the study show that global research is still focused on the issues of police legitimacy, public perception, and law enforcement, while public distrust has not been studied as an independent variable. Research representation in developing countries, including Indonesia, is still minimal, indicating a contextual gap and the dominance of developed countries' perspectives. Implicitly, this study emphasizes the need to reposition public distrust as an independent conceptual construct and encourage police reform based on procedural fairness by design, transparency through accountability analytics, and strengthening citizen engagement to build public trust and strengthen the institutional legitimacy of the police.
The Political Communication of H. Syamsul Arifin, SE in Constructing a Positive Image Across Ethnic Communities in North Sumatra Province Muhammad Daud Siagian; Katimin Katimin; Winda Kustiawan
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.v24i1.7075

Abstract

This study aims to analyze the political communication of H. Syamsul Arifin, SE in building a positive image among cross-ethnic communities in North Sumatra. As a region with a high degree of ethnic diversity, politics in North Sumatra requires an inclusive communication approach capable of embracing various community groups. Within this context, H. Syamsul Arifin is recognized as a political figure who successfully developed a leadership image accepted by multiple ethnic groups, earning him the title Friend of All Ethnicities. This makes it compelling to further examine the political communication strategies he employed. The study adopts a qualitative approach using case study and discourse analysis methods, focusing on Syamsul Arifin’s political communication in diverse settings, including mass media, direct interaction with the public, and political campaigns. Data were collected through in-depth interviews, document analysis, and observation. The findings indicate that the success of Syamsul Arifin’s political communication was rooted in his ability to build interpersonal communication, sensitivity to local culture, and dialogical approaches that prioritized feedback from the community. His strategies reflect the two-way symmetrical communication model (James Grunig) and high-context communication (Edward T. Hall), which highlight the importance of cultural context in delivering political messages. Communication barriers such as ethnic differences, social stereotypes, and perception gaps were effectively addressed through participatory approaches, the use of local cultural symbols, and the involvement of community leaders. Indicators of success include cross-ethnic acceptance, increased political participation, and the establishment of public trust in his leadership. These findings reinforce the importance of culture-based political communication in plural societies.
The Importance of The Consignment Mechanism Within The Islamic Court System as A Guarantee of Post-Divorce Alimony Payments Ahmad Atas Muhrof; Moh. Muhibbin; Ahmad Syaifudin; Gers Daviars Satindra
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

Abstract

This empirical legal study examines the implementation and urgency of the consignment mechanism in the Ngawi Islamic Court to secure post-divorce alimony payments. Using statutory and sociological approaches, the research finds that the mechanism helps safeguard iddah, mut'ah, madhiyah, and child support while protecting both parties’ legal rights. However, inconsistent implementation and the absence of a clear statutory basis create legal uncertainty. The study concludes that formal regulation of consignment in the Islamic court system is essential to ensure legal certainty, effective enforcement of post-divorce financial obligations, and stronger protection of women’s and children’s rights.
P5 Project Theme: The Voice of Democracy As Cross-Curricular Political Education (Study at SMA Dek Padang) Mayoga Pratama; Al Rafni; Suryanef Suryanef; Junaidi Indrawadi
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.v24i1.7084

Abstract

is study examines the implementation of the Pancasila Student Profile Strengthening Project (P5) with the theme Voice of Democracy at SMA DEK Padang as a vehicle for cross-curricular political education. Political education is considered crucial for shaping young citizens who are knowledgeable, critical, and participatory in democratic life. However, it often remains limited to cognitive aspects, neglecting democratic practices and participatory skills. Using a qualitative descriptive approach, this research collected data through interviews, participatory observation, and questionnaires involving teachers, student council administrators, and eleventh-grade students. The findings reveal that the Voice of Democracy project provided students with meaningful experiences in understanding and practicing democracy through activities such as election simulations, open debates, campaign design, and collaborative decision-making. These activities successfully integrated multiple subjects, including Civic Education, Indonesian Language, and Visual Communication Design, enriching students’ political literacy, communication, and creativity. Moreover, the project fostered deliberative participation, negotiation skills, and political efficacy, as students not only learned concepts theoretically but also experienced democratic processes in practice. The reflection stage enabled critical evaluation, encouraging students to internalize values of justice, tolerance, and responsibility. Despite challenges such as uneven student engagement and cross-subject coordination, the project demonstrated significant potential in developing democratic attitudes and participatory skills. Ultimately, this study highlights the strategic role of schools as agents of political education in the Merdeka Curriculum era, showing how project-based learning can transform abstract democratic principles into lived experiences for students.
Paradigm Shift in Nomination Thresholds and Electoral Justice Reconstruction: An Analysis of Constitutional Court Decision Number 60/PUU-XXII/2024 Junaidin; Iwan Satriawan; Nanik Prasetyoningsih
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.v23i1.7100

Abstract

This research aims to comprehensively examine the ratio decidendi of Constitutional Court (MK) Decision Number 60/PUU-XXII/2024, focusing on its relevance to the theory of electoral justice. This research uses a descriptive-analytical normative legal approach, a literature review of primary and secondary legal materials, and an in-depth qualitative analysis. The main findings indicate that Constitutional Court (MK) Decision Number 60/PUU-XXII/2024 marks a fundamental paradigm shift in determining regional head nomination thresholds, moving from a seat/vote acquisition basis to a population size basis, which aims to reconstruct procedural and distributive justice in the electoral system. This shift addresses distortions in nomination access that previously favoured established parties, creating a more level playing field and enhancing representation and choice for voters. The usefulness of this research is to help understand how nomination thresholds can cause procedural injustice and how judicial intervention can correct these distortions. By examining the shift in thresholds to a population basis, this research highlights how the Constitutional Court's decision can change the philosophy of nominations, encourage healthier participation and competition, and strengthen the legitimacy of election results. It also shows how court decisions can reshape the distribution of political opportunities.
Cyber Warfare: Exploring New Dimensions in the History of Modern Warfare in Indonesia Lusiana Dwiyanti; Ayu Agung; Joni Widjayanto; Robby MT
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.v24i2.7111

Abstract

Cyber warfare has become a significant threat in the current digital era, with an increasing number of cyberattacks targeting critical infrastructure and national defence systems. As cyberattacks continue to evolve and impact various sectors, this study aims to explore a new dimension of modern warfare that has not been extensively documented in Indonesia's official war history. The primary focus of this study is to document and analyse cyber conflicts as a form of new warfare history, which is becoming increasingly relevant in the digital world. A comparison between physical warfare and cyber warfare is conducted to examine the differences in impact, actors, and strategies employed in both forms of conflict. In addition, the study also examines the weaknesses in Indonesia’s cyber defence structure over the past decade and provides recommendations for developing a stronger and more adaptive cyber defence doctrine. Through a historiographical approach and critical analysis, this study is expected to contribute to the development of Indonesia’s digital defence foundations and the formulation of a more adaptive cyber defence doctrine to enhance Indonesia's preparedness in facing future cyber threats.
Related Civil Law Studies To Misbruik Van Omstandigheden On The Issue Of Hospital Refusal Of Economically Weak Patients Yusriando; Gunarto; Jarot Jati Bagus Suseno; Sri Yuliati
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.v24i1.7112

Abstract

Hospitals are health institutions that are given a mandateby the state to provide health services which are reflectedthrough the role of hospitals in providing excellent medicalservices for all Indonesian people without exception. Thisincludes economically weak communities, in reality thereare many cases of rejection of economically weak patientsby hospitals, this is an act that goes against the mandate ofhealth law policy, including committing acts of abuse inmedical service agreements for patients who want healthservices for economically weak communities based on theprinciple of balance of agreement. This article, which usesdoctrinal research methods, looks at the issue of rejectionof economically weak patients by hospitals as a form ofMisbruik van Omstandigheden in therapeutic agreementswhich were born as agreements from the principles of civillaw and medical service agreement law. Ignorance ofeconomically weak patients - economically weak patientsare often helpless when they experience rejection fromhospitals for illogical reasons. Based on the study of thisarticle, it was found that in terms of medical services foreconomically weak communities, the position oftherapeutic agreements and agreements regardinginformed consent as a commitment to health services foreconomically weak communities is unclear, resulting in astate of bias or misbruik van omstandigheden carried outby hospitals for economically weak patients.
Responsive Law as a Social Control Concept for Digital Society in Protecting Personal Data Against the Use of ChatGPT Suwandoko; Yusticia Dewi Maharani; Haerudin; Eni Setyo Susilowati; Rini Fidiyani; Suhadi
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.v24i2.7118

Abstract

Misuse of personal data in the use of ChatGPT, there is a leak of personal data in Indonesia as many as 2,555 accounts. The need for the role of law as a means of social control to emphasize how law can function adaptively in a digital society, thereby providing new contributions in the formulation of personal data protection strategies amidst the advancement of artificial intelligence, especially ChatGPT. The purpose of this study is to analyze the sociological study of law on the phenomenon of digital society in the use of ChatGPT and analyze how to overcome the phenomenon of artificial intelligence exploitation in the misuse of personal data in the use of ChatGPT. The type of research used in this study is normative juridical. That the sociology of law has the meaning as a law that responds to the phenomenon of the use of ChatGPT, legal sociology plays a role in protecting public interests and maintaining justice. Referring to the development of digital technology and the increasingly widespread use of ChatGPT in people's lives, serious problems arise regarding the protection of personal data that is vulnerable to misuse. In this context, responsive law is relevant because it offers openness to adapt to social dynamics and answers the needs of the digital society. As a tool of social control, the law plays a role not only in maintaining security and order, but also in ensuring that people's rights are protected amidst the flow of technological transformation.

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