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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 1,609 Documents
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International Arbitration as a Pillar of Modern International Law: A Doctrinal and Practical Overview Putra, I Made Suwandana; 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.v24i2.7064

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.
The Legal Nature of Integrity-Based and Dignified Elections in a Democratic State Governed by the Rule of Law Naafi, Ahmad
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

Articulates the essence of integrity-based and dignifiedelections in a democratic state governed by the rule of lawand proposes governance reforms through a reorientationof the recruitment of election administrators particularlythe Election Supervisory Board (Bawaslu) to ensure thesubstantive legitimacy of electoral outcomes. Employinga normative legal research method with a statutoryapproach to Article 128 of Law No. 7 of 2017 on GeneralElections and a conceptual approach grounded in theprinciples of impartiality, accountability, andmeritocracy, this study finds that, in the post-Reformasiera, Indonesia’s elections have become increasingly free,honest, and fair, yet remain shadowed by vote-buying,abuse of power, disinformation, unequal access toinformation, weaknesses in data protection, anddisparities in access for vulnerable groups. An evaluationof recruitment practices indicates that a mixed modelopen selection with civil-society participation strengthensaccountability, but centralized selection risks enablingabuse of power and neglecting the diversity of localcontexts.
Deontological Ethics in Legal Protection for Medical Personnel Against Accusations of Malpractice Wijaya, I Komang Darma; 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.v24i2.7068

Abstract

Medical malpractice is a complex issue that involves not only legal dimensions but also the ethical aspects inherent in medical practice. Medical professionals are often placed in a vulnerable position because every adverse outcome of medical treatment is frequently associated with negligence, even though, in many cases, such failures represent acceptable medical risks. This situation generates ongoing debate regarding the boundaries of professional responsibility and the extent of legal protection that should be granted to medical practitioners. Therefore, this study seeks to analyze the legal protection afforded to medical professionals in malpractice cases by employing deontological ethics as an analytical framework. The purpose of this study is to examine the extent to which deontological ethical principles can serve as a foundation for assessing fair legal protection for medical professionals accused of malpractice. This research adopts a normative juridical method with both philosophical and conceptual approaches, utilizing literature reviews of statutory regulations, legal doctrines, and relevant works in the philosophy of law. The findings indicate that existing regulations provide a legal basis consistent with the principle of duty, yet shortcomings in detailed regulatory provisions, the understanding of law enforcement officers, and the absence of preventive protection mechanisms remain the main obstacles. The novelty of this research lies in applying Immanuel Kant’s deontological ethics as a philosophical framework to clarify the distinction between reasonable medical risk and professional error. This contribution enriches the discourse on health law by affirming that moral and professional duties should serve as the primary benchmark, thereby ensuring that legal protection for medical professionals is enforced more fairly and proportionally
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 Siagian, Muhammad Daud; Katimin, Katimin; Kustiawan, Winda
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.v24i1.7075

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.
Kompolnas as a Police Oversight Institution: A Constitutional Law and Human Rights Perspective Putra, Putu Andika Wahyudi; 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.v24i2.7080

Abstract

This study aims to analyze the legal status and authority of Kompolnas within Indonesia’s constitutional law system and to evaluate the effectiveness of its role in protecting and ensuring the respect of human rights in police practices. The research employs normative legal methods with a conceptual approach. Primary, secondary, and tertiary legal materials were collected and analyzed using a descriptive-analytical method to understand Kompolnas’ position within the framework of constitutional law and human rights protection principles. The findings indicate that while Kompolnas holds a significant normative position as a manifestation of the principle of checks and balances in a constitutional state, its functional role remains weak because its authority is merely recommendatory. In terms of human rights protection, Kompolnas has yet to achieve full effectiveness, as its role appears more symbolic than substantive. The originality of this research lies in its integrative analysis combining constitutional law and human rights perspectives, emphasizing the necessity of regulatory reform to strengthen Kompolnas’ authority. These findings provide an important contribution to reinforcing external oversight of the police to ensure accountability and the protection of human rights.
P5 Project Theme: The Voice of Democracy As Cross-Curricular Political Education (Study at SMA Dek Padang) Pratama, Mayoga; Rafni, Al; Suryanef, Suryanef; Indrawadi, Junaidi
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.
Online Dispute Resolution as a Progressive Paradigm for Consumer Dispute Resolution in E-Commerce Transactions Hakim, Mochammad Lukman; 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.v24i2.7095

Abstract

The rapid growth of e-commerce has introduced new challenges in consumer protection, particularly regarding dispute resolution mechanisms. Conventional pathways through the courts or the Consumer Dispute Settlement Board (BPSK) have proven inadequate in addressing the complexities of online transactions, which are characterized by cross-border interactions, speed, and relatively small economic values. This situation creates a gap between consumers’ rights to justice and the effectiveness of available dispute resolution mechanisms. This study aims to analyze the limitations of conventional mechanisms in resolving consumer disputes in e-commerce and to explore the role of Online Dispute Resolution (ODR) as a progressive paradigm capable of ensuring legal certainty and consumer protection. The research employs a normative juridical method with a conceptual and legislative approach, examining the compatibility of national regulations with the legal needs of the digital era. The findings reveal that conventional mechanisms are insufficiently adaptive to electronic evidence, hindered by jurisdictional barriers, and inefficient in terms of costs and procedures, thereby reducing consumer access to justice. In contrast, ODR offers a more progressive solution by leveraging technology to provide faster, more affordable, and cross-jurisdictional dispute resolution. The novelty of this research lies in positioning ODR not merely as an alternative mechanism but as a progressive legal paradigm that balances legal certainty with consumer protection. This contributes significantly to the development of a more responsive national legal system in addressing digital challenges.
Visas as Preventive Legal Protection for the Sovereignty of the State of Indonesia: The Perspective of the Selective Policy Principle in Indonesian Immigration Law Krisna Dewi, Ni Putu Pera; 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.v24i2.7096

Abstract

A visa is understood as a specific permit to reside for foreign nationals. In Indonesia, Law No. 6/2011 on Immigration affirms the applicability of the Selective Policy principle to ensure that not everyone can easily stay in Indonesia, particularly with certain requirements to ensure national security and sovereignty. This research aims to analyze visas as an instrument of preventive legal protection for Indonesia's national sovereignty in relation to the implementation of the Selective Policy principle. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that visas are a preventive legal protection effort for the sovereignty of the Indonesian state because they allow for the identification of the background of individuals seeking residency permits in Indonesia. As a preventive legal protection effort for state sovereignty, visas are relevant to the principle of Selective Policy in Indonesian immigration law, which emphasizes state sovereignty and security as the most important aspects, making the restriction of residency permits thru visas relevant.
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.

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