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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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The Role of Indonesian Law in Addressing Challenges Faced by Sole Proprietorships Winarko, Evelyn; Parulian Manurung
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.v24i1.5950

Abstract

This study explores the relationship between law and the challenges faced by sole proprietorships in Indonesia, aiming to identify legal mechanisms to prevent and overcome critical issues. Sole proprietorships play a crucial role in Indonesia’s micro, small, and medium enterprise sector but face obstacles such as unlimited personal liability and regulatory compliance difficulties. The study hypothesizes that specific legal frameworks can mitigate these risks and that a review of existing laws will reveal gaps needing improvement. Addressing these legal challenges is essential for ensuring business sustainability and economic stability. A comparative analysis of sole proprietorship laws in other countries offers insights into best practices that Indonesia can adopt. Key recommendations include introducing limited liability options, simplifying regulations, and improving legal access for sole proprietors. By implementing these reforms, Indonesia can create a more supportive business environment, reducing risks and fostering sustainable economic growth.
Policy Model For Sustainable Ecotourism Development In The Capital Of The Indonesian Archipelago Based On Local Community Empowerment Vivi Yulianingrum, Aullia; Alam, Fajar; Fitriciada Azhari, Aidul; Tajali Nur, Insan
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.v24i1.6060

Abstract

The potential of natural caves spread across Sanggulan Village, Sebulu District, Kutai Kartanegara Regency, East Kalimantan Province, which is a buffer zone for the capital of the Indonesian archipelago, has great potential to be developed as a tourism and educational facility. Currently, ecotourism development is widespread in the IKN area to fulfill the smart city slogan which prioritizes aspects of nature conservation, social, cultural and economic empowerment of local communities as well as learning and educational facilities. These elements significantly influence traditions, socio-economic life of the community and the empowerment of local village products. The village's identity is summarized in a slogan that highlights the richness of natural resources, preservation of cultural heritage and IKN's ecotourism priorities. By using a policy model that is Meaningful Participation, Asset Based Community Development (ABCD) and SWOT analysis of Regional Government policies in regulating or making regulations regarding cave or karst ecotourism, the aim is to increase IKN tourism by integrating cultural, geotourism and legal aspects. This model promotes participatory legal regulation, empowerment of local communities and environmental conservation to encourage sustainable regional development.
Bahasa Inggris: Bahasa Inggris mujiyana, mujiyana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study examines the ethical application in investigating sexual abuse cases where minors are the perpetrators. Recognizing children as a vulnerable group, it emphasizes the importance of upholding their rights—such as fair treatment and protection from psychological harm—throughout the legal process. Ethical practices in investigation include ensuring communication is appropriate for a child’s cognitive level and avoiding intimidation or coercion. The research highlights the critical role of investigators in creating a safe environment, yet finds that ethical principles are frequently overlooked. Time pressures and the sensitivity of molestation cases often lead to procedural shortcuts that jeopardize children's rights. These issues are compounded by a lack of specialized training and limited psychosocial support for minors involved in such cases. To address these challenges, the study recommends enhancing investigator training in child psychology and trauma-informed approaches. It also calls for greater collaboration between government and non-governmental organizations to provide accessible psychosocial services. By improving professional competencies and support systems, the study argues that ethical, child-centered investigations can be more consistently applied—ensuring that the legal process safeguards both the rights and well-being of minors
The Role of Criminal Law in Combating Business Crimes in the Agrarian Sector: A Case Study of Unlawful Transfer of Land Rights Sahari, Alpi; Koto, Ismail
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.v24i1.6082

Abstract

The enforcement of criminal law in tackling business crimes related to the illegal transfer of land rights must be carried out comprehensively through regulatory strengthening, capacity building of law enforcement officers, digitalization of land administration, and community empowerment in monitoring and reporting to ensure legal certainty and prevent land mafia practices that harm public interests. The purpose of this study is to analyze the role of criminal law in addressing business crimes in the agrarian sector, particularly in cases of unlawful transfer of land rights, and to identify efforts to optimize the enforcement of criminal law to enhance the effectiveness of eradicating such crimes. This study employs a normative legal research method with a statutory, conceptual, and case approach to analyze regulations and the application of criminal law in combating business crimes in the agrarian sector, particularly the unlawful transfer of land rights, through literature review and descriptive-analytical qualitative analysis. The research findings indicate that criminal law plays a crucial role in addressing business crimes in the agrarian sector, especially the unlawful transfer of land rights, by imposing strict sanctions on perpetrators and implementing preventive measures such as strengthening digital-based land administration systems and increasing transparency in land certificate issuance. These crimes often involve document forgery, land grabbing, and abuse of authority by officials, making regulations such as the Basic Agrarian Law (UUPA), Articles 263 and 266 of the Criminal Code (KUHP), and the Law on the Eradication of Corruption Crimes essential instruments for legal action. Optimizing criminal law enforcement must be carried out comprehensively through regulatory revisions, capacity building for law enforcement officers, and community empowerment in preventing and reporting agrarian crimes. The government must also strengthen the Land Mafia Task Force and promote the digitalization of land administration to reduce opportunities for document forgery and manipulation. With this strategy, the legal system is expected to be more effective in tackling agrarian business crimes and ensuring legal certainty and justice in land management in Indonesia
Autogate System In Country Border Security At Soekarno-Hatta International Airport Immigration Checkpoint Prakoso Napitupulu, Bong Bong; Hanita, Margaretha; S, Basir
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.v24i1.6084

Abstract

State border security is an important aspect that must be maintained by every country to ensure smooth immigration control and prevent the entry of people who do not meet the requirements. Soekarno-Hatta Airport as one of Indonesia's main gateways has a strategic role in managing the flow in and out of citizens and foreigners. In an effort to increase the effectiveness and efficiency of immigration checks, autogate system has been implemented. The purpose of this study is to determine the role of autogate system in securing the country's borders at the Soekarno-Hatta airport immigration checkpoint. Qualitative method is the method used in this research. The data collection uses literature studies. After the data is obtained, it is continued with data analysis by starting with data reduction, then presenting the data, and making conclusions. The results showed that the implementation of autogate system at the Soekarno-Hatta Airport immigration checkpoint has succeeded in increasing the efficiency of the inspection process by speeding up the flow of passengers in and out. Autogate system also reduces the potential for human error because most processes are automated, such as biometric verification and passport scanning. In terms of security, autogate strengthens control over the country's borders by preventing document forgery and facilitating the identification of wanted individuals.
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

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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) Ariyani, Evi; Zahriyani, Luthfiana; 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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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 Firdaus, Riki Muhammad; Suryanti, Nyulistiowati; Amirulloh, Muhamad
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.

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