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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 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 Andhika, Faisal
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.
Development of the Archipelago Capital and its Impact on the Existence of Traditional Land Putra, I Putu Andika; Sadnyini, Ida Ayu
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.v24i1.6820

Abstract

The agrarian disputes linked to the development of the new capital continue to escalate, characterized by the forced eviction of residents and the appropriation of land belonging to indigenous communities. This research employs normative methods, utilizing a statutory, historical, and conceptual approach. The aim is to investigate, study, and analyze the legal politics surrounding the relocation and construction of the national capital and examine efforts to protect customary land and support Indigenous communities throughout this process.The findings indicate that the move of the National Capital from Jakarta to East Kalimantan is fundamentally intended to enable future governments to act consistently and to avoid various paradoxes in pursuing the nation’s goals of achieving a prosperous and equitable Indonesia with a sustainably growing economy. Efforts to safeguard Indigenous Communities and their customary land during the development of the new capital include: 1) the establishment and prompt ratification of legislation concerning Indigenous Communities; 2) the provision of adequate compensation and guarantees for the livelihoods of Indigenous Communities who are landowners and are affected during the land acquisition process for the new capital; and 3) measures to mitigate the impact of livelihood loss for Indigenous communities while preparing alternative means of livelihood
Axiological Aspects of Legal Science from the Muhammadiyah Perspective Wardiono, Kelik; Junaidi, M; Yuspin, Wardah; Isman, Isman; Rahardjo, Trisno; Hidayat, Syamsul
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 B, M Taufan; Budiono, Arief; Ubay, Ubay; Marzuki, Marzuki; Sapruddin, Sapruddin; Hamiyuddin, Hamiyuddin; Hanafi, Muhammad Amin
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; Budiono, Arief; Rizka, Rizka; Hernanda, Trias; Bangsawan, Moh Indra; 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.
The Legal Policy for Agricultural Cooperatives as a Pillar of an Empowered National Economy Purnomo, Wahid Hadi; Santoso, Budi; Prananingtyas, Paramita
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.v24i2.6844

Abstract

Agricultural cooperatives play a strategic role in national economic development, particularly in strengthening food security and empowering farmers. However, their contribution in Indonesia remains low due to weak institutions and historical dependence on state intervention. This article examines the role of legal structure in building integrated and independent agricultural cooperatives, using a normative legal approach and Lawrence M. Friedman's legal system theory, which emphasizes three main elements: structure, substance, and legal culture. Findings indicate that the failure of cooperatives like Agricultural Cooperative and Village Unit Cooperative was triggered by ineffective, bureaucratic, and unresponsive legal structures that failed to adapt to grassroots institutional dynamics. Compared to the success of the National Agricultural Cooperative Federation (NACF) in South Korea, legal structure reforms in Indonesia need to focus on strengthening cooperative institutions, promoting vertical-horizontal integration, and fostering solid inter-agency coordination. The state should act as a facilitator, not a dominator, by providing a legal ecosystem that enables cooperatives to grow as competitive, inclusive, and sustainable people's economic forces.
Legal Protection For Tiktok Application Users Against The Use of Artificial Intelligence in Online Gambling Content Moderation Indika, Dina; Hermono, Budi; Tamsil
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.v24i1.6849

Abstract

Development technology intelligence Artificial Intelligence (AI) in moderation digital content has bring consequence significant law​ for social media users , including TikTok application . The application of AI as instrument filtering and deletion conflicting content​ with platform policies , including content that is loaded online gambling , causing a number of problem juridical . Among them is error in identification content , lack of transparency in the moderation process , as well as implications to fundamental rights of users , such as freedom expression and protection of personal data . Research This aim For study aspect protection law for TikTok users towards moderation content AI -based , in particular in context online gambling . With use approach normative and empirical research​ This analyze applicable regulations , policies​ moderation TikTok content , as well as consequence the resulting law from decisions generated by AI. Research results reveal that although there is regulations that govern AI technology and protection digital consumers , still there is need will more policies​ clear as well as mechanism more supervision​ transparent to ensure protection optimal law for users . Research This contribute in offer recommendation for maker policies , digital platform providers , and users application in respond challenge the law that arises consequence use of AI in moderation content . With existence more regulations​ strict and mechanism structured supervision , it is hoped application of AI in moderation content can ongoing in a way more fair , transparent and accountable .
Reconstruction of Tax Collection in a Fair Bankruptcy Process in Indonesia Januardo Sulung P Sihombing; Ignatius Pradipa Probondaru; I Gede Yudi Arsawan
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.v24i1.6861

Abstract

The preamble of the 1945 Constitution of the Republic of Indonesia expresses the hope for a prosperous of the Republic of Indonesia. Achieving this prosperity nation requires adequate state revenue, with taxes playing a crucial role. However, taxes are closely tied to the sustainability of a healthy economy. On the path to a prosperous nation, many businesses face bankruptcy, which often leads to delays in tax debt payments. According to bankruptcy, in refer to article 21 of the KUP Law, tax bills are prioritized over other debts. However, there remains a dual interpretationbregarding the hierarchy of creditor payments duringbthe bankruptcy process. Therefore, the state, through itsbtaxation authority, has a responsibility to ensure that taxes—a vital source of state revenue—are accounted for in bankruptcy proceedings. This ensures that the state does not lose a critical source of income needed to distribute tax benefits and maintain public welfare. This study aims to offer insights into the fairness of tax bill settlements within the bankruptcy process. The findings indicate that there is a need for equitable tax collection in bankruptcy cases in Indonesia.
Analysis of the Form and Amount of Compensation in the Copyright Infringement Case for the Use of the Song "Lagi Syantik" by Gen Halilintar Without Permission Pingkan, Putu Febby Regina; 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.v24i2.6868

Abstract

Copyright infringement on digital platforms is increasing with the development of social media as a means of content distribution. One case that has attracted public attention is the use of the song "Lagi Syantik" by the Gen Halilintar family without permission from the rights holder. This article analyzes the form and amount of compensation awarded in this case, and examines the effectiveness of the implementation of Law No. 28 of 2014 in addressing copyright infringement in the digital ecosystem. This research uses a normative juridical method with a case study approach and a comparative study of legal systems in other countries, such as the United States, Japan, and Germany. The results show that the determination of compensation of Rp 300 million does not reflect an objective approach to calculating losses, both economic and immaterial. The judge did not specify the basis for calculating the value of the losses, and the Indonesian legal system does not yet provide a standard or technical institution capable of accurately estimating royalties from digital platforms. International practice demonstrates the importance of the principles of fictitious licensing, statutory damages, and the presumption of damages mechanism as solutions to the difficulties of proving digital losses. Therefore, it is necessary to establish a digital copyright damage evaluation agency, revise the Copyright Law, and integrate the infringement reporting system with digital platforms. These reforms are crucial to ensure justice and legal certainty for creators in the digital creative economy era.
Reconstruction of Business Legal Ethics from the Perspective of the Principles of Good Faith and Contractual Fairness Narwadi, N Agus Adyatma; Budiana, I Nyoman; 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.v24i2.6888

Abstract

Contracts in modern business practice serve not only as binding legal instruments but also as vehicles for realizing ethical values between parties. However, in reality, many commercial agreements are drafted solely based on the principle of freedom of contract, without adequate regard for the principles of good faith and contractual justice, which are essential to ensuring a fair balance of rights and obligations. The legal issue addressed in this study concerns the absence of explicit regulation regarding ethical standards in contract performance, particularly the role of good faith as a moral and legal foundation binding the parties. This study aims to reconstruct business legal ethics by positioning the principles of good faith and contractual justice as normative elements within Indonesia's civil law system. The research adopts a normative juridical method, utilizing both conceptual and statutory approaches, supported by doctrinal analysis and relevant jurisprudence. The findings indicate that the principle of good faith, as stipulated in Article 1338(3) of the Indonesian Civil Code, holds strong potential as a legal basis for assessing the moral legitimacy of contract execution. Similarly, the principle of contractual justice may serve as a corrective mechanism against imbalanced or exploitative business practices. Therefore, reconstructing business legal ethics through these two principles is crucial for developing a contractual system that is fair, morally grounded, and responsive to evolving socio-economic dynamics.

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