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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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Constitutionality of Restrictions on the Right to Freedom of Speech in the Digital Era from a Constitutional Law Perspective Adianto Mau, Hedwig
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.v23i2.6097

Abstract

This study aims to analyze the constitutionality of restrictions on the right to freedom of expression in the digital era from the perspective of constitutional law. Freedom of expression is a fundamental human right guaranteed by the Indonesian Constitution, as stated in Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia. However, the exercise of this right is not absolute and may be limited as stipulated in Article 28J of the 1945 Constitution. In the context of the digital era, various regulations have emerged, such as the Electronic Information and Transactions Law (UU ITE), which often serves as an instrument to restrict digital expression. This research uses a normative juridical method with statutory, conceptual, and case approaches. The results of the study show that freedom of expression in the digital era is a constitutional right essential to democratic life, but its implementation in Indonesia still faces challenges. Although guaranteed by the 1945 Constitution and various legal instruments such as the Human Rights Law and the ITE Law, its implementation often sparks controversy due to multiple interpretations and the potential misuse of certain articles to limit expression, especially in digital spaces. From the perspective of constitutional law, restrictions on freedom of expression are permissible but must fulfill the principles of legality, proportionality, and urgent necessity, and should not be used to silence criticism. Therefore, a fairer and clearer regulatory revision is needed, along with cooperation between the government, civil society, and stakeholders to create a safe, inclusive, and democratic digital space
The Influence of Islamic Jurisprudence on Modern Commercial Law Abdul Ghoni; Mira Nila Kusuma Dewi; Sandra Dewi; Awaluddin; Yusep Ginanjar
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.v24i1.6110

Abstract

This research aims to analyze the influence of Islamic jurisprudence (fiqh) on the development of modern commercial law, focusing on the principles of Islamic law that contribute to the contemporary legal system, both in Muslim-majority countries and within the framework of international law. Through a qualitative approach with literature studies and normative-comparative analysis, this study explores how the basic concepts in fiqh muamalah, such as the prohibition of usury, the principle of contractual justice, transparency, and the prohibition of gharar, have influenced the formation of legal norms in Islamic banking, Islamic insurance (takaful)), and other financial instruments. The findings show that despite the methodological differences between Islamic law and the Western positive legal system, there are significant common ground that allows the integration of Islamic jurisprudence values into modern commercial legal frameworks. The implications of this study show the importance of understanding across legal systems to create more inclusive, ethical, and sustainable economic regulation globally.
Initiating Non-Litigation Arbitration In Indonesia From A Restorative Justice Perspective Based On Progressive Law (Genealogical, Historical And Transformational) Evi Ariyani; Luthfiana Zahriyani; Junaidi 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.v24i1.6111

Abstract

In the development of legal systems, law is not merely a set of normative instruments but also a human-centered construct that must be interpreted through ethical and philosophical lenses. This article explores the integration of restorative justice into non-litigation arbitration as a reflection of the progressive law paradigm, which emphasizes the humanization of legal processes. Specifically, the study seeks to reconceptualize arbitration not only as a procedural mechanism but also as a transformative approach rooted in genealogical, historical, and philosophical dimensions. Employing a qualitative descriptive methodology, the research combines normative legal analysis with socio-legal perspectives. Literature and content analyses are used to trace the historical and theoretical development of both arbitration and restorative justice, with the aim of offering a framework for their convergence. This approach challenges the conventional boundary that restricts restorative justice to criminal law, extending its application to civil and commercial disputes through arbitration mechanisms. Findings suggest that integrating restorative justice into non-litigation arbitration provides a more inclusive, dialogic, and equitable path to dispute resolution. It allows for reconciliation and mutual agreement outside courtrooms, aligning with the ideals of justice as envisioned by progressive legal theorists such as Satjipto Rahardjo. This synthesis not only expands the functional scope of restorative justice but also revitalizes arbitration as a humane and socially responsive legal alternative in Indonesia.
Transcendental Communication in Suluk Worship and Its Implementation to The Social Life of Worshippers in Dayah Darul Ulum Abu Lueng Ie Aceh Besar Teuku Faisal; Syukur Kholil; Syawaluddin Nasution
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.v23i2.6120

Abstract

This study examines the implementation of transcendental communication in the Suluk congregation at Dayah Darul Ulum Abu Lueng Ie, Aceh Besar. Using a descriptive qualitative approach, data were collected through observation, interviews, and documentation, with the main subjects being the leaders and teachers of the dayah who guide the congregation in the Suluk process. Analysis was conducted to understand the spiritual experience of the congregation and its impact on their social lives. The results of the study indicate that transcendental communication in Suluk includes stages such as taharah (physical and spiritual cleansing) and tausiyah (spiritual guidance). Personal guidance from a cleric or mursyid plays an important role in helping the congregation reach a higher spiritual level. This process is carried out through the practice of dhikr and tafakur, which strengthens the vertical relationship with God and forms a positive social attitude. The impact of transcendental communication is not only limited to increasing individual spirituality, but is also seen in strengthening character, social responsibility, social awareness, and the active involvement of the congregation in social and charitable activities. Solidarity within the community also increases as a result of this process. However, several challenges are still encountered, such as limited spiritual understanding of the congregation, lack of continuity of practice, limited involvement of the mursyid, and negative influence of the media. Therefore, a more in-depth educational approach, structured guidance, and wise media management are needed to optimise the impact of transcendental communication in the social life of the congregation.
Legal Study of The Cancellation of Registration of Creations Constituting Investment in A Limited Liability Company Based on The Copyright Law and The Limited Liability Company Law Riki Muhammad Firdaus; Nyulistiowati Suryanti; Muhamad Amirulloh
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.v24i1.6130

Abstract

Capital invested in a company can be in the form of money or other forms, as regulated in Article 34 paragraph (1) of the Limited Liability Company Law No. 40 of 2007. Other forms (inbreng) include tangible and intangible assets that can be valued in money. Song Copyright is Intellectual Property and an intangible asset. This article describes the potential cancellation of copyright inbreng by a third party. The main issues are the status of shareholders whose copyright inbreng is revoked by the Directorate General of Intellectual Property (DJKI) and legal protection for the company as the recipient of the revoked copyright inbreng, reviewed under the Copyright Law and the Limited Liability Company Law. The research method used is a normative juridical approach, referring to Indonesian laws and regulations and societal norms. The research results are presented descriptively-analytically and analyzed qualitatively to provide a detailed and systematic overview. The conclusion shows that the inbreng agreement is null and void because the song copyright was proven unoriginal and copied from Jimmy Carter's work, the original singer of "Secarik Kertas Pelangi," as evidenced by the originality requirements. With the cancellation of copyright registration, the inbreng becomes void. According to Article 1341 paragraph (2) of the Civil Code, the company as a third party must be respected for acting in good faith in accepting the song copyright inbreng. Therefore, legal protection allows the company to maintain its rights to the asset.
Harmonization Between Sharia Economic Law and Land Law in Home Financing Credit with the Musharakah Mutanaqishah Agreement at Bank Muamalat Indonesia Surabaya abdul wahab
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.6133

Abstract

The high rate of population growth that is not accompanied by an increase in the availability of houses will cause a backlog. Islamic banks offer home ownership financing solutions (KPR) with a Musharakah mutanaqisah contract, namely financing based on the musharakah principle, namely: Shirkahal-'inan in which the share of one sharik capital is reduced due to gradual commercial transfers to customers. In practice, the application of the Mutanaqishah musharakah contract leaves a problem in the form of naming the certificate on behalf of the customer, even though the house is still jointly owned. This research is a field research. The data were collected through interviews and document review, then analyzed descriptively qualitatively by Hubermenand Miles model. The results show that the naming of the customer's name on the certificate aims to simplify the process at the National Land Agency (BPN), Islamic banks and customers bind a new agreement on this matter. with the aim of finding a way out of a contract justified by shara'. The agreement namely tawatu, becomes a unity of several pre-existing contracts and promises, with the aim of carrying out what they want together. Tawatu' is also in line with the Civil Code regarding agreements. Tawatu' is a solution for harmonization between Syaria'h Economic Law and Land Law for Islamic banks for further development.
Application of Bankruptcy Principles and Principles in the Decision of a Special Judge (Ad Hoc) Commercial Court According to Law Number 37 Of 2004 Lie, Gunardi; Shasmita, Sylvia
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.v23i2.6145

Abstract

Commercial Court, Cassation, and Judicial Review judges set legal principles and uphold justice. Their bankruptcy decisions should be fair and certain, giving all parties legal advantages. Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations is one bankruptcy judge's instrument. Thus, understanding Indonesian commercial court verdicts' legal grounds and how judges use certainty, fairness, and legal expediency is crucial. The subject is examined using a juridical-descriptive-analytical methodology based on Makassar, Medan, Surabaya, Semarang, and Jakarta commercial court cases. Cluster and stratified sampling, descriptive quantitative data tabulation, qualitative analysis, and interviews have shown three judge-used legal reasoning processes. Inductive patterns oriented to legal expediency by Supreme Court Judges at the Judicial Review level; deductive syllogism patterns oriented to legal certainty by Judex Facti judges in the Commercial Court (level I); and deductive patterns oriented to legal justice by Judex Yuris at the Cassation level. Indonesian commercial court judges apply certainty, fairness, and expediency: First, the legal principles and principles applied in the decision of the first instance judge of the Commercial Court (legal certainty) are debt requirements; bankruptcy decisions cannot be imposed on solvent debtors; bankruptcy decisions must be approved by the majority of creditors; silence; recognition of the separatist rights of creditors holding security rights; the bankruptcy decision process is short and open. Second, Supreme Court justices at the Cassation level use the following legal concepts (legal justice): balance, fairness, potential debtor debt restructuring, parity creditorium, pari passu prorate, and structural creditors. Third, the Supreme Court's Judicial Review judges apply the legal expediency principles of business continuity, integration, encouraging investment and business, providing benefits and protection, bankrupt company management must be personally liable, harming bankruptcy property as a criminal offense, debt collection, debt pooling, debt forgiveness, universal, and territorial
Legal Justice in Returning Losses to Victims of Illegal Investment Criminal Acts Santoso, Bambang; Arifin, Muhammad; Ramlan, Ramlan
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.v23i2.6150

Abstract

Regarding Legal Justice in Restitution of Victims of Criminal Acts, further provisions regarding the procedure for carrying out conditional sentences (voorwaardelijke veroordeling) are regulated in Article 276 of the Criminal Procedure Code which states: "In the event that the court imposes a conditional sentence, its implementation shall be carried out with serious supervision and observation and in accordance with the provisions of the Law." According to Muladi, conditional sentences (voorwaardelijke veroordeling) are a form of humane criminal law, namely by prioritizing prevention, not only oriented towards actions but also towards people who commit crimes, which are tat-tatterstrafrecht, placing social welfare as the ultimate goal, oriented towards the future. The mechanism for applying compensation is also regulated in Article 275 of the Criminal Code which states: "If more than one person is convicted in one case, then the court costs and/or compensation as referred to in Article 274 shall be borne by them jointly in equal proportions". The explanation is explained as follows “Because the defendants in the case referred to in this article are jointly sentenced because they are accused of committing a crime in one case, it is reasonable if the court costs and/or compensation are borne jointly in equal proportions
The Role of the Constitutional Court in Realizing Dignified Justice: A Constitutional Law Perspective Latif, Abdul; Sangga, Amin; Thahir; Suaib; Jalil
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.v23i3.6152

Abstract

This research is a normative legal study with a conceptual and legislative approach. The research results show that the role of the Constitutional Court in Indonesia in realizing dignified justice can be carried out by using the theory of dignified justice in the efforts of the Constitutional Court judges to interpret the constitution. The efforts of the Constitutional Court judges to interpret the constitution based on dignified justice are aimed at ensuring that substantive justice can be realized for the community. The role and orientation of the Constitutional Court's authority from the perspective of constitutional law can be seen in the efforts of the Constitutional Court judges to optimize the Court's authority through constitutional interpretation. In this context, both judicial restraint and judicial activism play important roles in the development of law and the enforcement of justice, and their application often depends on the specific context of each case
Implementation of the Governor's Functions and Authorities in the Implementation of Government Mirza Nasution; Herdi Munte
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.v24i1.6153

Abstract

This study uses a normative legal research method with legislative, conceptual, and historical approaches through library research, as well as qualitative analysis of primary, secondary, and tertiary legal materials. The research results indicate that the Governor's functions and authority as the head of the region and representative of the central government at the provincial level reflect a strategic role in managing government, administering regional affairs based on the principle of autonomy, and overseeing national policies in the region. The Governor must align national policies with local needs, ensure the effectiveness of development programs, and bridge conflicts between regions. However, challenges such as imbalance in roles, complexity in intergovernmental relationships, and limitations in institutional and regulatory frameworks require strengthening institutional capacity and regulatory harmonization. In building synergy between the central and regional governments, the Governor plays an important role in facilitating cross-regional coordination, resolving conflicts of interest between regions, and maintaining alignment between central and regional development planning, so the success of decentralization and regional autonomy heavily depends on the Governor's ability to build effective communication and collaboration across different levels of government

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