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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 Law in Encouraging Community Compliance to Pay Mall Zakat and Taxes Mhd Syukur Sihombing; Asmuni; Isnaini Harahap
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 role of law in encouraging community compliance with the payment of zakat and taxes, considering the importance of these two obligations for social welfare and state development. The research problem focuses on the low level of community compliance in fulfilling zakat and tax obligations in several regions. The purpose of this research is to understand how law, both Islamic law and state law, can contribute to increasing public awareness and compliance. The research method used is qualitative with a case study approach. The data was collected through in-depth interviews with various stakeholders, including religious leaders, tax officials, and the general public. In addition, analysis of related legal and policy documents is also carried out to gain a comprehensive understanding. The results of the study show that the law has a significant role in creating compliance. Legal education about zakat and tax obligations is very necessary to increase public understanding. The involvement of community leaders and scholars has proven to be effective in motivating the community to fulfill their obligations. Transparency in the management of zakat and taxes is also a key factor that increases public trust, thus encouraging them to be more compliant. This research provides recommendations to strengthen the legal framework and more intensive education programs, in order to create higher awareness among the public about the importance of zakat and taxes in social development.
Legal Review of the Appointment of Specific Positions to Family Members and Close Associates in Government by Regional Heads in Relation to Criminal Acts of Corruption Laritmas, Selfianus
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

The granting of certain positions to family members by regional heads in connection with criminal acts of corruption in government has become highly controversial because it has implications for social welfare and public perceptions of government integrity. In theory, regional heads granting certain positions to family members in connection with criminal acts of corruption or nepotism will exacerbate existing social stratification because government positions or benefits are given based on family ties or close relationships rather than merit. This has an impact on inequality of opportunity and distribution of resources, as seen in several cases such as the former Governor of Banten, Ratu Atut Chosiyah, and the former Governor of North Maluku, Abdul Gani Kasuba, who are suspected of using their political power to appoint family members to important positions in the government, which has triggered negative perceptions among the government and the people and has an impact on indications of corruption. The regulation on nepotism in Law No. 28 of 1999 prohibits appointments based on family ties, prioritizes meritocracy, and imposes sanctions for violations. The research method used in this study is a normative legal approach, which involves analyzing existing literature. The research conducted by the author was aimed at using several approaches, including the statute approach, conceptual approach, case approach, and historical approach.
Does Local Wisdom Offer Adequate Protection for MSMEs? Fatahillah, Fatahillah
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.v24i1.6265

Abstract

This research explores how local wisdom integrates with formal legal frameworks to offer legal protection for MSMEs in Lhokseumawe, Indonesia. Traditionally, MSME operations in the region have been guided by informal agreements and trust-based relationships, which, while effective in local settings, do not sufficiently address the legal and financial complexities encountered in broader markets. By incorporating formal legal structures alongside Islamic financial principles, such as musharakah (partnership) and mudharabah (profit-sharing), MSMEs benefit from both ethical and legal protection. This hybrid approach allows MSMEs to secure contract enforcement and resolve disputes, while remaining aligned with cultural and legal norms, enabling successful operations in both local and global markets. The study emphasizes the need for educational programs to raise awareness among MSME owners about the benefits of formal legal protections and Islamic financial instruments. These educational efforts are crucial for improving transparency, promoting risk-sharing, and facilitating interest-free financing options for MSMEs. By integrating local wisdom with formal legal frameworks, MSMEs can strengthen their resilience and competitiveness, especially in sectors like manufacturing and construction, where formal contracts play a vital role in protecting business interests. The research concludes with recommendations for further enhancing MSME legal protection through a more cohesive integration of local wisdom and formal legal mechanisms. This integrated approach will help MSMEs improve their competitiveness, access broader opportunities, and ensure long-term sustainability in an increasingly complex economic environment.
Accountability of Land Deed Officials (PPAT) in Overcoming Duplicate and Overlapping Certificates in Indonesia Rahmadani, Fitra; Rakhmawati, Fotri Apik; Noor Hidayah; Samosir, Tetti; Suciati , St. Muslimah
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.v24i1.6280

Abstract

The formation of the problem of double or overlapping certificates in Indonesia is a crucial issue caused by various factors, such as weak land administration systems, invalid data, lack of physical verification, and inaccurate land boundary mapping. This study aims to analyze the factors that cause double and overlapping land certificates in Indonesia and efforts to provide legal accountability for PPATs related to the existence of double and overlapping land certificates in Indonesia. This study is a juridical-normative study with a conceptual and legislative approach. The results of the study confirm that the Land Deed Making Officer (PPAT) has legal responsibility for errors or violations committed, both in administrative, civil, and criminal aspects. The level of error of PPAT in issuing deeds related to double or overlapping certificates is the basis for determining the form of legal accountability that can be imposed. Therefore, supervision and law enforcement of PPATs are very important to ensure legal certainty and maintain public trust in land transactions.
Intercultural Communication Between Topogaro Village Community and Ethnic Chinese Employees in Morowali Regency Fadhliah; Sitti Murni Kaddi; Stepanus Bodo; Donal Adrian; Nurliana; Selviana
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

The purpose of this study is to identify convergence behavior in intercultural communication carried out by Chinese ethnic Chinese employees with local people in Topogaro Village in Morowali Regency. The research method uses qualitative with a case study approach. The informant selection technique uses purposive. Data Collection Techniques are in-depth interviews and direct observation. For analysis techniques using Data Reduction, Data Display and Conlusion Drawing/Verification. The results showed that the intercultural communication process between local people of Topogaro Village and ethnic Chinese Chinese employees in Morowali Regency was marked by convergence behavior such as ethnic Chinese Chinese trying to learn Indonesian, learning about the cultural behavior of local people starting from food and things not to do. From food and things that should not be done. This learning process is basically to be able to establish social interactions with the Topogaro community in Morowali Regency. Convergence or adjustment behavior is basically more done by ethnic Chinese Chinese as a minority community who come to work in one of the private companies in Topogaro Village, Morowali Regency.
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 Apriani, Rani
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

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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. 002 (2024): Pena Justisia (Special Issue)
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

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