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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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Resolution of Traditional Land Disputes Between PT. Nabire Baru and The Customary Community of The Waoha Tribe in Sima Village Yaur District Nabire Regency Tanati, Daniel
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.v23i002.6619

Abstract

This study aims to determine the factors that cause customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency and to determine how to resolve customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency. The approach method used in this study is the normative and empirical legal approach method, namely an approach that refers to laws, literature, written regulations or other secondary legal materials, to see how it is applied through field research or the reality that occurs at the research location so that the author obtains clarity about the matter being studied. The results of this study reveal that the factors that cause customary land disputes between PT. Nabire Baru and the customary law community of the Waoha Tribe, Sima Village, Yaur District, Nabire Regency are caused by three things, namely: first, the oddity in the process of changing the designation of the Yaur District forest area; second, irregularities in the acquisition of oil palm plantation land by PT. Nabire Baru and the third result of the land dispute lawsuit and the method of resolving the customary land dispute between PT. Nabire Baru and the Waoha Tribe indigenous community, Sima Village, Yaur District, Nabire Regency has entered the National Human Rights Commission's Inquiry on the Rights of Indigenous Peoples over their territory in the Forest Area, as can be seen from the recommendation issued on December 10, 2015, signed by a member of the National Human Rights Commission, M. Imdadun Rahmat, containing 4 points to be responded to positively by the Regent of West Sumbawa, as a form of effort to protect and fulfill the Human Rights of the indigenous people of Sima Village.
The Validity Of Notary's Testamentary Grant Deed To Adopted Children In The Perspective Of Islamic Inheritance Law Dedi; Syhabudin, Abu; Ropiah, Siti; Syafi'i; A. Nururrochman Hidayatulloh
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.v24i2.6624

Abstract

In Indonesian legal practice, the granting of assets to adopted children through testamentary grants often causes debate due to differences in views between Islamic law and civil law. Adopted children are not considered as heirs in the perspective of sharia, but positive law allows such granting through a testamentary grant deed made by a notary. This study is conducted with a normative legal research method using statutory and conceptual approaches. The aim is to understand the extent to which a deed of testamentary grant to an adopted child can be considered valid under national law as well as in accordance with sharia principles. The results of the analysis show that the testamentary grant deed made by a notary is formally valid according to the Civil Code and the Notary Office Law because it fulfills the elements of an authentic deed and has perfect evidentiary power. However, in the Islamic inheritance law system formulated in the Compilation of Islamic Law (KHI), gifts to adopted children are limited through the mechanism of compulsory testament, which is a maximum of only one third of the inheritance and must not harm the absolute rights of legal heirs. If the gift exceeds this limit or is made without the consent of the heirs, the religious court has the authority to cancel the deed. This disharmony creates a conflict of norms that results in legal uncertainty. Therefore, normative integration is needed to ensure that the testamentary grant deed is legally, socially and shar'i acceptable.
Legal Protection of the Rights and Obligations of Workers from the Perspective of Law Number 13 of 2003 concerning Manpower Hamonangan, Sobardo
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.v23i002.6628

Abstract

The purpose of this study is to determine and analyze employment contracts in the field of employment law and to analyze the legal protection of workers' rights and obligations based on Law Number 13 of 2003 concerning Employment. This research method uses qualitative methodology with descriptive research design. Furthermore, this study reveals that employment law will always be related to the protection of workers' rights and obligations. In the field of employment law, an employment contract is defined as a written agreement between workers and employers that regulates various aspects of their employment relationship. This contract serves as a legal framework that protects the rights and obligations of both parties. Legal protection is an effort to maintain the dignity of human subjects of law in accordance with applicable laws and regulations, both in the form of policies and regulations that can protect something from other threats. The rights and responsibilities between the parties are interrelated, where one right has implications for the obligations of the other party.
Resolution of Judge's Ethical Violations by the Judicial Honorary Council in the Perspective of the Joint Regulation of the Judicial Commission and the Supreme Court M. Martindo Merta; Febrian Febrian; Iza Rumestan
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.v24i1.6642

Abstract

This paper examines the role of the Judicial Honorary Council (MKH) in supervising judges' ethics in Indonesia, within the framework of the joint regulation between the Judicial Commission and the Supreme Court. The establishment of the Judicial Commission in 1999 marked a crucial step in addressing the need for independent external supervision of the judiciary, aimed at ensuring a transparent, fair, and professional judicial system. The paper highlights the significant role of the Judicial Commission in monitoring judges' behavior, proposing the appointment of judges, and enforcing the Code of Ethics and Judicial Conduct Guidelines. However, despite its mandate, the Judicial Commission’s recommendations often face non-compliance from the Supreme Court, particularly regarding technical judicial violations. The Judicial Honorary Council, as part of the Supreme Court's internal supervisory mechanism, plays a pivotal role in processing violations committed by judges. This research identifies the challenges faced by MKH in enforcing the code of ethics, such as indecisiveness, potential conflicts of interest, and inadequate follow-up on recommendations. These challenges undermine the effectiveness of the supervision system, highlighting the need for improved coordination and clearer delineation of authority between the Judicial Commission and the Supreme Court. The paper also emphasizes the importance of strengthening the collaboration between these two institutions to ensure a consistent and effective judicial supervision system. Through an in-depth legal analysis, the study concludes that enhancing transparency, accountability, and objectivity in the supervision process is essential for fostering public trust in the Indonesian judicial system.
Independence of Mediation Institutions as an Alternative to Settlement Divorce Disputes in Indonesia Sri Turatmiyah; Joni Emirzon; Annalisa Yahanan
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.v24i1.6643

Abstract

This study examines divorce dispute mediation that is currently integrated into the court process according to Supreme Court Regulation (PERMA) No. 1 of 2016, with the aim of reformulating mediation into an independent institution separate from litigation to be more effective and aligned with Pancasila values, as well as providing regulatory recommendations and institutional support to the Government. The method used is a qualitative study with a normative analysis approach toward regulations and practices of divorce mediation in religious courts. The research results show that mediation regulated in PERMA has deviated significantly from the spirit of mediation, namely as an alternative dispute resolution. The mediation that has been implemented so far accommodates the provisions of Article 131 HIR and Article 154 R.Bg, namely the empowerment of peace institutions. However, the way this mediation is carried out does not align with the core principles of Indonesia, which include Pancasila emphasizing open discussion to achieve agreement. It is believed that the mediation process outlined in PERMA No. 1 of 2016 is more akin to a legal procedure that parties involved in divorce cases are required to follow in order to resolve their disputes. The implication of this research is the need for legal reformulation of divorce mediation that separates mediation from court litigation processes, by establishing an independent mediation institution supported by the government. This is expected to optimize the function of mediation as a dispute resolution method that is more effective, efficient, and in accordance with Pancasila values.
Phenomenon of Covert Prostitution Practices : Case Study of Spa Plus Therapist Practices in Bandung City Sisca Lestari; Syafruddin
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.v24i1.6660

Abstract

This study examines the practice of covert prostitution that is developing in Bandung City with a focus on male-only spas that provide sexual services. Although the government has made efforts to control it, including closing the Saritem localization, prostitution continues to exist in a more hidden and organized form. Using qualitative methods, data were collected through field observations and in-depth interviews with informants who have direct experience in this business. The results of the study show that spas are used as a cover for prostitution businesses, by utilizing spa business licenses from the tourism office. Therapists are recruited through agents, and spas are designed with comfortable facilities and strategic locations for easy access by customers, especially tourists. This phenomenon shows a shift in the pattern of prostitution from open to covert, with the main drivers being market demand and profit motives from business owners. This study recommends the need to review business license regulations and strengthen supervision of licensed entertainment venues
Redefining Village Power: Asymmetric Autonomy and Governance Innovation in the Digital Age Sukarno, Sukarno
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

Abstract

This study explores the reconstruction of village government authority within the framework of asymmetric autonomy in the digital era, guided by the theoretical framework of good governance. Utilizing a juridical-normative approach, the research examines key legal sources—particularly Law No. 6 of 2014 on Villages (UU Desa)—as well as academic literature on decentralization and village autonomy. The findings show that village autonomy is an inherent right, rooted in hak asal-usul (origin-based rights), and recognized by the Indonesian Constitution. However, its implementation faces significant challenges, including disparities in capacity among regions, regulatory overlaps, and weak accountability mechanisms—especially in underdeveloped villages. The digitalization of village governance offers potential to strengthen transparency, administrative efficiency, and community participation. The study proposes that reconstruction of village authority should adopt an asymmetric autonomy model, tailored to local conditions while upholding the principles of good governance: transparency, accountability, participation, effectiveness, rule of law, and responsiveness.Key recommendations include strengthening the legal recognition of traditional village rights, localizing and simplifying regulations, improving digital literacy and infrastructure at the village level, and fostering participatory oversight. These steps aim to realize village autonomy that is context-sensitive, equitable, and aligned with a democratic and responsive state structure.
Constructing Justice-Based Political Party Regulation in Indonesia's Presidential System: A Framework for Democratic Consolidation Hafiz Sutrisno; Rian Prayudi Saputra
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.v23i2.6727

Abstract

This study looks at how Indonesia's presidential system regulates political parties from a justice-based point of view, using qualitative methods like document analysis, content analysis, and comparative studies. The results show that Indonesia's political party rules, which are based on Laws No. 2 of 2008 and No. 2 of 2011, have a lot of problems that make the presidential system less effective. The current rules are not fair because they favor procedural over substantive aspects. This is because the major parties control access to political resources. There are three main types of justice: distributive justice, which is about making sure political resources are fairly shared; procedural justice, which is about making sure political processes are fair; and substantive justice, which is about making sure that society's needs are met. A perfect model for building rules needs a full and integrated framework, easy ways for people to raise money, organized coalition systems, and stronger roles for political parties as representatives. Oligarchic elites don't want rules that are fair, and Indonesia's many cultures make it harder to make them happen. But there is still hope for change if people work together and share power. This study helps us figure out how to make Indonesia's democratic presidential system stronger by making sure that the rules we set for political parties fit the country's needs.
Responsibility of Digital Platforms in the Distribution of Online Slot Gambling Advertisements in Indonesia Kurniawan, Adi; Wirya Darma, I Made
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.v23i1.6751

Abstract

The main purpose of this paper is to analyze in depth the responsibility of digital platforms in the distribution of online slot gambling advertisements in Indonesia. The focus of the discussion is directed at the role of social media, especially digital platforms such as Facebook, in distributing online slot gambling advertisements and the form of legal responsibility of digital platforms for the distribution of illegal content, especially online slot gambling advertisements, in Indonesia. This study uses a normative legal research method, which is based on an analysis of applicable written legal norms. The approach used is a conceptual and legislative approach, by examining the provisions in relevant laws and regulations. The results of this study indicate that social media, especially Facebook, have a significant role in distributing online slot gambling advertisements in Indonesia. With millions of users and algorithms that encourage viral content, gambling advertisements can be widely distributed through links, groups, or hidden advertisements. The distribution of this content violates the law, such as Article 303 of the Criminal Code and Article 27 paragraph (2) of the ITE Law. Digital platforms have a legal responsibility to monitor and take action against illegal content. Failure to moderate can be subject to criminal or administrative sanctions based on the principle of strict liability and the regulations of Electronic System Organizers (PSE).
The Domination of Political Power over Legal Politics in the Deliberation of the Asset Forfeiture Bill KMS Herman; Pribowo, Johan Budi Sapto; Rumondor, Nova Ernny; Zamri, Hasby Muhammad; Budiawan, Taufik
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.v23i1.6763

Abstract

The Asset Forfeiture Bill (RUU Perampasan Aset) is an important instrument in strengthening the eradication of corruption crimes, as it provides a legal basis for the state to seize assets resulting from corruption without having to wait for a legally binding criminal verdict. Although it was proposed as early as 2010 and included in the National Legislation Program (Prolegnas) 2015–2019, the discussion of the bill has often been delayed. In 2023, the government and the House of Representatives (DPR) included the Asset Forfeiture Bill in the 2023 Prolegnas. However, until the end of the DPR RI’s and the government’s 2019–2024 term, the bill had yet to be passed. This research aims to analyze the domination of political power in the lawmaking process concerning the Asset Forfeiture Bill. The study uses a normative juridical method with a literature study approach. The issues examined include: (1) the legal condition of asset forfeiture in Indonesia; (2) the dynamics of the debate that have caused delays in the passage of the Asset Forfeiture Bill; and (3) the political factors that influence the stagnation of the bill's ratification amid strong public pressure.The results of the study show: first, that the legal regulation of asset forfeiture in Indonesia still experiences a significant normative void. Although regulations related to the forfeiture of assets resulting from corruption are stipulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, there is no comprehensive provision regarding asset forfeiture from perpetrators who have fled, cannot be found, or have died without heirs. Therefore, special regulations on asset forfeiture are needed, including the management of ownerless assets as state assets. Second, the delay in the discussion of the Asset Forfeiture Bill is influenced by the inconsistency of legislative priorities in the DPR, concerns about potential human rights violations, and the intervention of political and economic interests involving various parties. Third, although there is strong public pressure, internal political dynamics within the DPR remain the main obstacle. Disagreements between factions, concerns over the political implications of regulatory implementation, and the absence of consensus on a legal model that aligns with human rights principles are dominant factors slowing the legislative process

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