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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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The Rights of Families of Terminal Patients to Refuse Futile Treatment: Legal and Ethical Limitations Tantiono, Primanto; Darma, I Made Wirya; 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.v24i2.7104

Abstract

Patients in terminal conditions are frequently subjected to futile medical interventions, namely treatments that no longer provide therapeutic benefits and merely prolong the biological process of life without improving its quality. This situation creates a dilemma between the family’s right to refuse such interventions and the physician’s professional obligations bound by ethical oaths and legal frameworks. In Indonesia, the regulation regarding the refusal of futile treatment by families of terminal patients remains ambiguous, leading to legal uncertainty and potential conflicts in healthcare practice. The purpose of this study is to analyze the legal boundaries governing the authority of families of terminal patients to refuse futile medical treatment and to examine medical ethical principles as the basis for legitimizing such rights. This research adopts a normative legal method with a conceptual approach, focusing on the study of legislation, legal doctrines, academic literature, and professional codes of ethics. The findings reveal that the legal foundation for the family’s authority to refuse futile treatment can be traced through the principle of informed consent as stipulated in the Medical Practice Act and the rights of patients in the Health Act. However, the absence of explicit regulation creates a wide scope for interpretation, which may trigger disputes. From an ethical standpoint, the family’s right to refuse futile interventions gains legitimacy through the principles of autonomy, beneficence, non-maleficence, and justice. The originality of this research lies in its integration of normative legal analysis with medical ethics principles, emphasizing the urgency of establishing specific regulations to ensure legal certainty while safeguarding patient dignity
Cyber Warfare: Exploring New Dimensions in the History of Modern Warfare in Indonesia Dwiyanti, Lusiana; 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.
The Phenomenon of Artificial Intelligence Exploitation in Personal Data Abuse on 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.
Legal Philosophy in Construction Contract Dispute Resolution: Between Arbitration and Litigation Lastikayasa, I Wayan; 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.v24i2.7122

Abstract

Disputes in construction contracts are a common occurrence due to project complexity, differing interpretations of clauses, and delays in work execution. In practice, two main dispute resolution paths are often chosen: arbitration and litigation. This study stems from the need to examine these dispute resolution mechanisms not only from a procedural perspective but also from a legal philosophy perspective that emphasizes the values ​​of justice, legal certainty, and expediency. The purpose of this study is to understand how legal philosophy can serve as a basis for selecting and assessing the effectiveness of arbitration and litigation as forums for resolving construction contract disputes. This study uses a juridical-normative method with a qualitative approach, supported by a comparative analysis of regulations, arbitration and court decisions, and relevant legal philosophy literature. The analysis shows that arbitration emphasizes efficiency, confidentiality, and procedural flexibility, thus closer to the values ​​of expediency and legal certainty. Conversely, litigation offers formal legitimacy, transparency, and broader legal protection, reflecting the values ​​of formal justice. However, both have limitations: arbitration is often hampered by high costs, while litigation is often protracted. The selection of a dispute resolution mechanism in a construction contract should be based not only on practical aspects but also on philosophical considerations regarding the objectives of the law. Thus, the integration of justice, certainty, and expediency can serve as a primary guideline in determining the most appropriate dispute resolution forum
The “Constitutional Interest” Paradigm vs. the “Constitutional Injury” Requirement in Judicial Review Requests Sahabuddin, Andi Arfan
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.v24i1.7124

Abstract

The conceptual debate regarding the legal standing of applicants in judicial review cases at the Constitutional Court arises from two different paradigms: the looser "constitutional interest" paradigm and the stricter "constitutional injury" requirement. This difference creates uncertainty in practice, particularly regarding who is entitled to file a judicial review request and how the Constitutional Court assesses the applicant's legal standing. The purpose of this study is to analyze these different paradigms, examine the consistency of their application in Constitutional Court decisions, and assess their implications for access to constitutional justice in Indonesia. The research method used is normative legal research with a statute and case approach. Data were obtained through a review of relevant laws, legal doctrine, and analysis of Constitutional Court decisions, then analyzed qualitatively to identify the Court's argumentation patterns. The results show that the Constitutional Court tends to use the "constitutional injury" paradigm as the primary standard in assessing an applicant's legal standing. However, in some cases, the Court also considers the "constitutional interest" paradigm when constitutional issues are deemed to concern the broader public interest. This creates inconsistencies in judicial practice and demonstrates the considerable scope for interpretation for constitutional judges. The distinction between the interest and injury paradigms reflects the tension between the principle of judicial prudence and the need to expand access to constitutional justice. Clarity of standards is needed by the Constitutional Court to avoid legal uncertainty and to ensure that citizens' constitutional rights are consistently protected.
Cryptocurrency and Digital Asset Regulation: A Comparative Analysis of Economic and Business Law in Indonesia and India Dewi, Kadek Novita; 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.v24i2.7141

Abstract

The rapid growth of cryptocurrencies and digital assets has created significant challenges for governments in regulating economic and business activities. Both Indonesia and India face similar issues concerning legal certainty, investor protection, and financial stability, yet they have adopted different regulatory approaches. This research aims to analyze and compare the regulatory frameworks governing cryptocurrencies and digital assets in Indonesia and India, using a comparative legal method that examines legislation, regulatory guidelines, and policies in both countries, supported by doctrinal interpretation and secondary literature. The findings reveal that Indonesia officially prohibits the use of cryptocurrencies as a means of payment but allows them to be traded as commodities under the supervision of the Commodity Futures Trading Regulatory Agency (Bappebti). In contrast, India has demonstrated a dynamic regulatory stance—initially imposing restrictions on cryptocurrency activities, later introducing a taxation framework, and currently considering the implementation of a central bank digital currency (CBDC). Despite these differences, both jurisdictions share the same fundamental objectives: to safeguard the financial system, prevent money laundering, and protect consumers. Indonesia’s approach emphasizes strict market controls and legal certainty through prohibitions on payment functions, while India’s model reflects regulatory fluidity and growing fiscal integration. This comparative analysis underscores the evolving nature of cryptocurrency governance in developing economies and highlights the need for balanced frameworks that promote innovation while maintaining financial stability and legal coherence.
The Role of Environmental Law in Realizing Environmental Sovereignty to Ensure Social and Environmental Justice Prasetyo, Mas Subagyo Eko
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.v24i1.7142

Abstract

This study aims to analyze the role of environmental law in realizing environmental sovereignty as an effort to ensure social and environmental justice. Environmental law is viewed not only as a normative instrument but also as a strategic means to regulate, protect, and sustainably manage natural resources. Using a normative-juridical approach with qualitative descriptive analysis, this study examines applicable regulations, environmental law principles, and their implementation in the context of ecosystem protection and the fulfillment of community rights. The results indicate that the implementation of environmental law in Indonesia has a strong legal basis through Article 28H and Article 33 paragraph (3) of the 1945 Constitution, as well as Law No. 32 of 2009 concerning Environmental Protection and Management. Environmental law plays a crucial role in realizing environmental sovereignty because it guarantees the community's right to a good and healthy environment and regulates the management of natural resources for the people's prosperity. However, in practice, various obstacles remain, such as conflicts between economic development and ecosystem protection, weak law enforcement, limited human resources, low public awareness, and regulatory weaknesses that often stop at the normative level. This indicates a gap between ideal regulations and their implementation in the field.
ULTIMUM REMEDIUM AS A MECHANISM FOR STATE LOSS RECOVERY IN CORPORATE TAX CRIMES: AN ISLAMIC LAW PERSPECTIVE Hakim, Nur; Yuhelson, Yuhelson
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

Abstract

The principle of ultimum remedium in tax criminal law is designed as the final boundary of law enforcement, to be used only when administrative measures are no longer effective. However, in the practice of handling corporate tax crimes in Indonesia, this principle is often disregarded, resulting in punishment becoming the first step rather than the last resort. This study aims to analyze the effectiveness of ultimum remedium as a mechanism for state loss recovery and to assess the extent to which its implementation reflects the principles of justice and fiscal efficiency. Additionally, this study examines the relevance of this principle from an Islamic law perspective, particularly in relation to the concept of restorative justice and the state's role in realizing public welfare (maslahah). Using a normative juridical approach supported by empirical data from court decisions and interviews, this study finds that the ultimum remedium principle has not been consistently applied and tends to have no significant impact on state financial recovery. From an Islamic law standpoint, these findings reinforce the argument that a system prioritizing the restoration of state rights (the rights of Baitul Mal) should take precedence over physical sanctions, in accordance with the spirit of justice oriented toward public benefit. As a novel contribution, this study proposes a restorative fiscal justice approach model that positions ultimum remedium as an active strategy for recovering losses, not merely as a principle of criminal limitation. These findings are expected to strengthen the direction of economic criminal law reform toward a system that is more proportional, efficient, and adaptive to state needs, while aligning with ethical and religious values.
Cooperatives As Pillars Of A People-Centered Economy: A Constitutional Law Analysis Of Cooperative Regulation In Indonesia A. Saiful Aziz; Mahmutarom Harun Rasyid; Jawade Hafidz; Tri Handayani; Ganis Vitayanty Noor
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.v24i2.7183

Abstract

Cooperatives in Indonesia hold a unique constitutional status, enshrined in Article 33 of the 1945 Constitution, as instruments to achieve economic democracy and collective welfare. However, the practical realization of these ideals remains hindered by outdated regulatory frameworks, particularly Law No. 25 of 1992, which fails to reflect the dynamics of digital transformation,inclusive development, and modern governance. This study adopts a normative juridical method to examine the alignment of cooperative law with constitutional principles, focusing on the philosophical foundations, doctrinal interpretations, and historical evolution of cooperative governance. Through analysis of primary legal sources, academic literature, and recent policyinitiatives such as the Koperasi Merah Putih movementthis research reveals significant normative gaps, legal fragmentation, and institutional constraints within the current regulatory regime. The study argues for a fundamental legal reconstruction that positions cooperatives not as peripheral economic actors but as constitutional agents of equitable and sustainable development. It proposes key legal reforms including the recognition of digital cooperatives, enhanced accountability mechanisms, and integration with national development platforms. The findings emphasize the urgent need for a responsive, inclusive, and constitutionally grounded legal framework to revitalize the cooperative sector in post-pandemic and digitalIndonesia.

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