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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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
Case Study on Legal Arrangements for Sharia Peer-to-Peer Lending Financing Dr. Lina Maulidiana, S.H.,M.H; Lenny Nadriana; Rendy Renaldy, S.H., M.Kn.,C.P.Li.,C.P.Arb.,C.P.M.,C.P.C.; Loso Judijanto; Rika Santina, S.H., M.H
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.v24i1.6298

Abstract

The fintech business of peer-to-peer lending has experienced a period of considerable growth in recent years. However, it is still the subject of debate and controversy from the perspective of Sharia law. This article aims to analyze Sharia law on fintech peer-to-peer lending businesses, with a particular focus on usury and gharar banking. The methodology employed in this study is descriptive and analytical in nature. This entailed the collection of data from a range of sources, including literature, legal documents, and expert opinions. The findings indicate that the peer-to-peer lending fintech business can be classified as usury and gharar due to the implementation of several practices by the platform, including high interest rates and a lack of transparency regarding the associated risks. From the perspective of Sharia law, usury and gharar are prohibited, as they contravene the principles of justice and balance. Consequently, fintech peer-to-peer lending businesses must adhere to the tenets of Shariah law, such as abstaining from exorbitant interest rates and ensuring transparency regarding risks. In conclusion, fintech peer-to-peer lending businesses must be meticulously analyzed from the perspective of Shariah law to ensure their halalness in Islam. It is also imperative for the government and regulators to prioritize Shariah law aspects in regulating fintech peer-to-peer lending businesses
The Legal Protection Regarding Consumer Losses in Banking Transactions Caused by Phishing Rani Apriani
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.v24i1.6339

Abstract

This study is a normative legal study with a conceptual and legislative approach. The results of the study confirm that legal protection that includes the bank's obligation to maintain data security and provide preventive education is very necessary, along with legal resolution of problems if losses occur due to phishing. Strengthening regulations and supervision from the government, the Financial Services Authority (OJK), and banking is very important to minimize the risk of phishing and protect customers effectively. In this case, the bank's legal accountability is key to providing legal certainty and protecting the rights of the injured party, with the condition that the bank can only be held accountable if it is proven negligent in managing data and system supervision. Banks can actually be held accountable either civilly or criminally according to the type and level of the bank's error. This study recommends strengthening stricter regulations, improving data security systems by banks, and providing more comprehensive preventive education to customers regarding potential phishing risks, to ensure optimal protection and minimize potential losses.
Differences and Points of Reference of Ood in the Perspective of Procedural Law of the State Administrative Court and Civil Procedure Law Elfran Bima Muttaqin; Gracesy Prisela Christy; Yusep Ginanjar; Andi Sri Rezky Wulandari; Mira Nila Kusuma Dewi
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.v24i1.6349

Abstract

This study aims to examine the differences and tangents related to the Object of Dispute (OOD) in the perspective of the State Administrative Court (PTUN) Procedural Law and the Civil Procedure Law. In judicial practice, the determination of OOD is crucial because it concerns absolute authority between two different judicial regimes. This research uses a normative juridical method with a legislative and conceptual approach, and is analysed qualitatively. The results of the study show that although the PTUN and the civil courts both handle legal disputes, the fundamental differences lie in the type of legal subject, the nature of the object of the dispute, and the underlying principles. On the other hand, there are potential tangents in the case of objects that are civil in nature but are issued by state administrative bodies or officials, which gives rise to jurisdictional overlaps. Therefore, it is necessary to affirm norms and harmonize the regulation of absolute authority to avoid legal dualism that is detrimental to justice seekers. This research makes a theoretical and practical contribution in strengthening the boundaries of the absolute competence of the judiciary in Indonesia
Grab Driver Communication Ethics in Attracting Customer Sympathy in Medan City Rafael Elvan Risaldy; Abdul Rasyid
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.v23i1.6417

Abstract

Transportasi online yang sudah dapat digunakan melalui aplikasi adalah sebuah jawabandari kebutuhan masyarakat untuk sebuah transportasi yang mudah didapat, cepat sertanyaman dan murah. Terdapat berbagai faktor yang bisa membuat aplikasi online inidibutuhkan serta dapat ditemui di kota besar yang ada di Indonesia. Transportasi onlinemerupakan moda sarana alternatif yang sangat di inginkan oleh masyarakat. Padapenelitian ini didapatlan dua rumusan masalah yaitu bagaimana etika driver grab di kotamedan dalam menarik simpati pelanggan serta bagaimana perencanaan driver grab di kotamedan dalam menarik simpati pelanggan. Untuk mendapatkan jawaban penelitimenggunakan metode deskriptif kualitatif. Data primer didapatkan dari komunitas grabindonesia, dan data sekunder di dapatkan dari buku, situs online maupun sumberinformasi yang berkaitan. Pengumpulan data berdasarkan hasil observasi, wawancaraserta dokumentasi. Sedangkan dalam melakukan analisis digunakan metode deskriptifyaitu data akan dideskripsikan melalui realita dan fenomena yang sebenarnya. Dengandemikian berdasarkan penelitian didapatkan jika etika komunikasi driver grab kota medanbaik. Serta komunitas driver kota medan menggunakan perencanaan terhadap unsur-unsurkomunikasi yang maksimal yang meliputi pesan, media, umpan balik serta teknikkomunikasi.
Implementation of Road Infrastructure Development Policy in East Kolaka, Southeast Sulawesi Rika Puspita; Abdul Juli Andi Gani; Shobaruddin, Muhammad
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.v23i3.6418

Abstract

Road infrastructure development is a key factor in driving economic growth and improving the quality of life of people in the regions. East Kolaka Regency, as a developing region, faces challenges in implementing road development policies. The method used was descriptive qualitative research. Data were collected through observation and interviews. Data analysis was conducted using a thematic approach through several stages, starting from understanding the data to producing a report. The results showed that policy implementation was influenced by administrative regulations and problem-solving strategies. National regulations are the main reference in technical aspects, while regional policies focus on prioritizing according to local needs. Various strategies are applied to overcome challenges, such as data-based planning, community participation, phased development, bureaucratic reform, institutional collaboration, and structured monitoring. Although an action plan has been developed, it is still necessary to strengthen institutional capacity, optimize financial resources, improve data-based monitoring, and integrate sustainability principles
Communication Model in Education Development in North Sumatra: A Study on Al Jam'iyatul Washliyah Tantawi, Iryuha; Arifin , Zainal; Ritonga, Hasnun Jauhari
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.v23i2.6421

Abstract

The study conducted at PW Al Washliyah Sumatera Utara—sourced from the MPW's board—aimed to: 1) elucidate the implementation of organizational communication in the development and cultivation of educational institutions in North Sumatra; 2) identify efforts to ensure the effectiveness of organizational communication; 3) analyze the organizational communication models employed; and 4) describe the challenges or obstacles faced in organizational communication. A qualitative descriptive method was utilized for this research. Informants were purposively selected, totaling eight individuals. Data were gathered through observations, interviews, and document reviews. Subsequently, data were analyzed using Miles and Huberman's data analysis technique, which includes the steps: collection, reduction, display, and conclusion drawing and verification. The research findings are as follows: First, the organizational communication implemented by MPW Al Washliyah Sumatera Utara, which acts as the coordinating and communicative leading sector towards the management of Al Washliyah educational institutions, particularly at the SMTA level, is based on achieving its vision and mission. The acceleration of Al Washliyah educational institutions with predetermined milestone targets was deemed successful, achieving 80 percent of its targeted outcomes. Second, the efforts made by PW Al Washliyah Sumatera Utara to ensure effective organizational communication in the development and cultivation of educational institutions in North Sumatra included striving for formal legality, conducting asset registration, providing socialization/education, and reinforcing development. Third, the organizational communication models applied by PW Al Washliyah in the development and cultivation of educational institutions in North Sumatra are linear, transactional, and interactional/circular/diagonal, with transactional and interactional (circular) models being commonly used. Fourth, the challenges or obstacles frequently encountered include misunderstandings or differing perceptions of communication messages, whether originating from regional leadership or conveyed by heads of schools.
Factors Influencing Interpersonal Communication Among Fieldwork Students in the Hospitality Industry in Central Java Susmono Widagdo, Chrisostomus; Supriyanto, Sapto; Hadi, Syamsul; Abdul Jabbar, Umar; Intiar, Septa
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.v23i2.6436

Abstract

Study This digs into factors influencing the interpersonal communication of students studying in the hotel industry. Students face various challenges in communicating with colleagues, guests, and superiors in an environment often full of diverse cultures And demands Work tall. Studies This identifies several factors that play a role key in the interpersonal interactions of students, including different cultures, lack of experience in Work, skills, poor communication, level of stress And pressure work, role, And not quite enough answers that are not clear, ability to settle the conflict, and awareness of self. Study This demonstrates the need for a deep understanding of factors. This helps students overcome constraints in interpersonal communication. Results study. This can give educators an outlook and institutional training. For designing a suitable program, use increased skills in interpersonal communication for students studying the hotel industry field. With a better understanding of the factors that influence interpersonal communication, the expected students can build effective relationships in the environment, improve their trust in themselves, contribute positively to the hotel industry, and develop their careers in the past.
Sales Blitz Marketing Communication Strategy in Increasing Revenue at Horison Hotel Pekalongan Dewi Maria, Aletta; Susmono Widagdo, Chrisostomus; Fajar Pradapa, Sri Yulianto; Maskur, Ali
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.v23i2.6440

Abstract

The company's marketing efforts influence sales growth in the hotel service lodging industry in addition to the caliber of the products. For instance, the company should implement an appropriate marketing plan because of the intense competition. The sales blitz is a key component of the marketing plan to boost Hotel Horison Pekalongan's revenue. The sales blitz team needs to be improved once more due to the volume of new competitors. This thesis aims to explain the Blitz sales marketing communication technique used to boost revenue at the Horison Hotel Pekalongan. Also, describe the challenges and how to conduct a successful sales campaign. It is anticipated that sales will rise due to the sales blitz events. The author interviewed people in the marketing industry, specifically sales executives and managers.
Restorative Justice Approaches in Criminal Law: Effectiveness and Societal Perceptions in Contemporary Legal Systems I Made Artana; Tomi Apra santosa; Ahmad Aswar Roa; Andi Bustamin Daeng Kunu; Nurul Miqat
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.v24i1.6459

Abstract

This study aims to analyze the effectiveness of the restorative justice approach in the contemporary criminal law system and examine public perception of its application. Restorative justice is an alternative approach to the retributive criminal law system that emphasizes the restoration of relationships between perpetrators, victims, and society through dialogue, mediation, and shared responsibility. In recent decades, this approach has been widely adopted in various countries in response to the limitations of the conventional criminal system in resolving conflicts in an ongoing manner. The research methods used include qualitative studies through legal policy analysis, case studies, and empirical literature review on restorative justice programs in a number of jurisdictions. The results of the study show that the restorative justice approach has significant effectiveness in reducing recidivism rates, increasing victim satisfaction, and strengthening social cohesion. However, public perceptions of this approach still vary, influenced by factors of legal culture, the level of public trust in law enforcement agencies, and the understanding of the concept of inclusive justice. This study recommends the need for strengthening regulations, training for law enforcement officials, and public education as a prerequisite for the effective integration of restorative justice in the modern criminal justice system
The Actualization of Islamic Communication in Muslim Families: Perspectives from Exemplary Households and the Practice of Polygamy Ade Rachmat Yudiyanto; Abdullah
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.v24i1.6461

Abstract

Communication within the family constitutes a fundamental pillar in fostering domestic harmony, particularly within Muslim households that are grounded in Islamic values. This article aims to analyze how the principles of Islamic communication are actualized in family life, focusing on two central themes: the ideal model of a family and the practice of polygamy. Employing a qualitative-descriptive approach based on Islamic literature and family sociology, this study explores key principles of Islamic communication, such as qawlan sadīdan (truthful speech), qawlan ma‘rūfan (kind speech), and qawlan layyinan (gentle speech), within the relational dynamics of spouses and family members. In examining the case of polygamy, the article addresses the tension between normative religious teachings and practical realities, highlighting the communicative challenges that often arise in such familial contexts. The findings suggest that the effective actualization of Islamic communication is significantly influenced by the level of religious understanding, local cultural norms, and gender sensitivity. In conclusion, Islamic communication within the family is not merely rhetorical; it is an ethical praxis capable of shaping the family into a harmonious, just, and spiritually enriched social institution.