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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
 157   158   159   160   161 
Economic Digitalization for Consumers Legal Protection: Sharia E-Commerce Transaction in the New Era Fina Olifia; Cici Sundari; Pidayan Sasnifa; Illy Yanti; Ilham Abdi Prawira
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.v23i2.6943

Abstract

This study aims to analyze Legal Protection for Consumers in Sharia E-Commerce Transactions in the Era of Economic Digitalization. The research explores issues related to consumer legal protection within Sharia-based e-commerce transactions amidst the digital economic transformation. This study employs a qualitative research method with an exploratory approach. The researcher utilizes secondary data from online media, social media, and relevant journals by examining materials related to consumer legal protection in Sharia e-commerce transactions in the era of digitalization. The data analysis technique employs the NVivo 12 Plus software, a computer-assisted qualitative document analysis tool. This user-friendly software can process words, exploring word frequency, attributes, and cases derived from large datasets. Research findings indicate that Sharia e-commerce has significant potential to grow in Indonesia. The realization of this potential largely depends on the ability to address existing consumer protection issues. If the recommendations of this study are implemented, a safe and fair digital transaction environment, fully aligned with Islamic values and principles, can be established. Despite its rapid growth, Sharia e-commerce still requires substantial improvements to ensure consumer protection. To create a secure, just, and Sharia-compliant transaction environment, a holistic approach supported by the collective commitment of stakeholders is necessary. The ability to periodically address literacy, regulation, and technology issues, conduct regular audits, apply blockchain and AI for halal certification, and detect non-Sharia practices are key factors for success. The government, industry, and academia must collaborate to build an ideal ecosystem.
Formulation of the Concept of Legal Capacity to Conduct Marriages for Persons with Autism Spectrum Disorder Yuli Kristina; Saifullah; Burhanuddin Susamto
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.v24i1.7031

Abstract

This study explores the formulation of legal capacity for individuals with Autism Spectrum Disorder (ASD) to enter into marriage within the Indonesian legal system. Marriage, as both a civil act and a human right, requires the capacity to fulfill rights and obligations, yet current regulations provide limited guidance for individuals with developmental disabilities. Although the Marriage and the Disability Law recognize the right of persons with disabilities to marry, the absence of explicit provisions on ASD raises challenges in legal practice. The research adopts an empirical juridical and qualitative approach, utilizing interviews with judges, psychologists, parents, and individuals with autism, supported by statutory analysis. Findings indicate that individuals with mild autism or Asperger’s syndrome may retain sufficient mental competence to exercise legal rights, although their capacity can vary. The study applies two theoretical frameworks: maqashid sharia which emphasizes the protection of religion, life, intellect, lineage, and property and the theory of legal certainty, highlighting justice, benefit, and consistency in legal rules. Together, these approaches advocate for an inclusive and rights-based interpretation of marriage law. The research underscores the need for a legal construction that accommodates ASD by integrating medical, psychological, and jurisprudential assessments. Judicial reasoning should move beyond rigid textual interpretations to purposive approaches that balance individual rights with public interest. Ultimately, the study proposes that ASD be recognized under the category of “developmental disabilities” within the Disability Law, ensuring a fair, clear, and implementable standard of legal competence for marriage. This framework aspires to advance inclusive family law that upholds dignity, equality, and social justice.
Reconstructing Other Property Rights: Comparative Analysis of Divergent Interpretations in Indonesian Civil Code and Ministerial Ship Registration Regulations Aulia Rifai; Amaliyah; Marwah; Fauzia P. Bakti; Lukmansyah Rifai; Padma Liman
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.v24i1.7082

Abstract

This study aims to analyze the comparison between other concepts of property rights regulated in the Indonesian Civil Code and the regulations in the Minister of Transportation Regulation on Ship Registration and Nationality. The problem arises because both of these concepts grant rights of control and utilization over a vessel, yet they are not included in the definition of property rights as regulated in Book II of the Indonesian Civil Code. The research method used is normative juridical with a statutory and conceptual approach. Legal materials were analyzed by interpreting the provisions of the Indonesian Civil Code and the Minister of Transportation Regulation and by testing their application through the practice of ship registration. The results of the study show that bareboat charter and leasing in maritime transport law have characteristics similar to property rights, especially in the aspects of publicity through registration and legal certainty for third parties. However, conceptually, both are still positioned as personal rights within the Indonesian Civil Code. The novelty of this research lies in the finding that special regulations in the field of maritime transport law indirectly develop the construction of other property rights outside the framework of the Indonesian Civil Code, thereby encouraging a reinterpretation of the boundaries between property rights and personal rights in the context of Indonesian maritime transport law.
Arabic as a Source of Foreign Legal Reference: Its Relevance and Challenges in Legal Education in Indonesia Ahmadi Ahmadi; Sri Warjiyati; Arief Budiono; Jamal Hi Arsad; Sultan Alwan
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.v24i1.7083

Abstract

Arabic is one of the primary source languages for various international legal documents, bilateral treaties, and the legal systems of countries with Sharia-based or mixed legal frameworks. This article explores the relevance of Arabic language proficiency as a component of foreign legal literacy within legal education in Indonesia. Using a qualitative approach through literature review and curriculum analysis, the study finds that mastery of Arabic significantly enhances the comprehension of foreign legal texts, including international agreements, commercial laws, and transnational civil law. Nonetheless, several challenges persist, such as the lack of standardized teaching materials, inconsistencies in legal terminology, and the limited number of qualified instructors capable of integrating language and legal studies effectively. This study recommends the incorporation of legal Arabic into law school curricula, particularly in areas focusing on international law, comparative law, and legal translation
Reform of the 1961 Vienna Convention on Diplomatic Relations and Its Challenges Ria Wulandari
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.v24i1.7097

Abstract

The 1961 Vienna Convention on Diplomatic Relations is a key international treaty that outlines fundamental principles governing diplomatic relations between states. It provides privileges and immunities to diplomatic agents to ensure the effective performance of their functions and to maintain stable international relations. However, in practice, various challenges have emerged that highlight the need for reform of the convention’s provisions. Violations of diplomatic immunity—such as abuse of diplomatic status for personal, commercial, or even criminal purposes—have raised global concern. Reforming the Vienna Convention of 1961 is not an easy task due to political resistance among member states, fears of disrupting diplomatic stability, and the complexity of establishing new legal norms that gain universal acceptance. This paper employs a normative legal research method, focusing on international legal instruments, customary international law, and state practices to assess the feasibility and implications of reforming the convention. The findings aim to contribute to the discourse on updating international legal frameworks in the realm of diplomatic relations.
International Financing Through Letters of Credit in Trade for Export Activities Dewi, Ni Kadek Deby Prasetya; Antari, Putu Eva Ditayani
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.v24i2.7148

Abstract

International trade is a vital foundation of global economic activity, fostering interconnectedness among nations and enabling the exchange of goods, services, and capital across borders. One key financial instrument ensuring security and efficiency in such transactions is the Letter of Credit (L/C). Serving as a payment guarantee, L/C minimizes risks in cross-border trade and builds trust between exporters and importers. This study examines the crucial role of L/C in facilitating international trade, particularly within the agricultural sector, and its legal implications for exporters. It highlights the benefits of L/C, including payment assurance, risk mitigation, and protection from financial constraints such as foreign exchange restrictions. However, challenges persist due to varying interpretations of L/C provisions, procedural differences among banks, and regulatory inconsistencies—especially within Indonesia’s financial system. Moreover, while L/C safeguards against payment default, it does not guarantee the quality or condition of shipped goods, necessitating complementary risk management measures. The study underscores the importance of stronger legal protection and regulatory harmonization to enhance the reliability of L/C in global trade. Ultimately, it calls for policy reforms to address existing regulatory gaps and to promote a more secure, efficient, and sustainable international trading environment.
Reconstruction of The Electronic Mortgage Rights Supervision System to Ensure Legal Certainty In The Era of Land Digitalization Nuryanti, Dian; Anggriawan, Teddy Prima
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.v24i1.7204

Abstract

The research aims: (i) to provide an answer as to why the reconstruction of the electronic mortgage supervision system is needed to ensure legal certainty in the era of land digitization; and (ii) to formulate the form of reconstruction of the electronic mortgage supervision system to ensure legal certainty in the era of land digitization. This research is normative, using a case approach, statutory approach, and conceptual approach, which are then analyzed using inductive reasoning. The research results indicate that an analysis is needed for the reconstruction of the electronic mortgage supervision system to ensure legal certainty in the era of land digitization due to the need for increased inclusive and responsive supervision in the transition from conventional mortgage registration to electronic, as well as the unavailability of measurable socialization and assistance mechanisms and the optimization of digital technology in the application of the electronic mortgage system. The form of reconstruction of the electronic mortgage supervision system to ensure legal certainty in the era of land digitization includes the formulation of technical guidelines regulating inclusive and responsive supervision of electronic mortgage registration application, empowerment of the quality and competence of implementers within the National Land Agency Office and Land Deed Officials, as well as the injection of policies for measurable socialization and assistance in the application of the electronic mortgage system by optimizing digital technology.
Children's Rights as Legal Subjects An Ontological and Epistemological Study in Modern Legal Philosophy Minan Minan
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.v24i1.7205

Abstract

Modern legal developments regarding children are no longer viewed merely as objects of protection, but as individuals with distinct legal standing. However, conceptually, the understanding of children's rights as legal subjects remains often unclear, particularly in legal practice and public policy. Therefore, a philosophical study is needed that examines the basis of existence (ontology) and the basis of knowledge (epistemology) regarding children's rights within the modern legal system. This study aims to analyze the nature of children as legal subjects and explain the epistemological basis for recognizing children's rights within the framework of modern legal philosophy oriented toward respect for human dignity and human rights principles. This study uses a qualitative method with a normative-philosophical approach. The analysis is conducted through a literature review of legal philosophy theories, international legal documents such as the Convention on the Rights of the Child (CRC), and relevant national legislation. The study shows that ontologically, children are moral and social beings who possess a complete human existence and dignity, and therefore deserve to be recognized as legal subjects. Epistemologically, the recognition of children's rights stems from modern legal rationality, which places justice and equality as universal values. This study concludes that recognizing children as legal subjects is a logical consequence of modern legal philosophy rooted in humanism and human rights. Therefore, national legal systems need to strengthen mechanisms for implementing children's rights to align with the principles of universal justice and humanitarian values.
Formation of Legal Norms that are of a Regulatory from the Perspective of the Theory of Division/Separation of Powers Haeruman Jayadi; Ad. Basniwati; Khairul Umam
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.v24i1.7212

Abstract

Since the establishment of the Constitutional Court (MK), which has the authority to review laws against the Constitution, several MK decisions have incorporated regulatory legal norms, similar to those created by the legislative branch. This has given rise to a controversy over the formation of regulatory legal norms between the legislators and the MK, the law examiner. The question is which institution has the authority to create regulatory legal norms from the perspective of the theory of separation of powers. To address this issue, the research method used is normative legal research, using both a legislative and a conceptual approach. Based on the research conducted, it can be concluded that, from the perspective of the theory of separation of powers, the authorized institution to create regulatory legal norms is the legislative branch. Based on the theory of separation of powers, the MK does not have the authority to create new regulatory norms in its decisions to replace or supplement existing norms. This is to avoid the accumulation of power, as the creation of regulatory legal norms is essentially the responsibility of the legislative branch. The creation of regulatory legal norms by the judiciary is inconsistent with the intent of the theory of separation of powers itself. Therefore, the MPR needs to limit the Constitutional Court's authority in the 1945 Constitution by amending the 1945 Constitution.
Prevention of Child Labor Exploitation Through the Implementation of Fair Labor Laws Siti Nurhayati; Elly Asmarawati
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.v24i1.7221

Abstract

Many companies still employ “child labor,” and the number of child workers who require a legal protection system continues to increase. This makes it highly interesting to examine and study how the legal protection of child workers from labor exploitation is actually implemented. Therefore, the central issue of this thesis can be formulated as follows: how is the implementation of labor laws carried out as a legal protection effort against the exploitation of child workers, and what obstacles and measures have been taken by the government to address child labor exploitation. This research is a type of normative juridical study, which is a library-based study focusing on secondary data, including an inventory of positive law. Based on the research results, it can be described that the existing legal protection system for child workers has not been implemented effectively. Legal violations committed by employers do not receive the appropriate legal actions due to the non-performance of labor inspection officers’ functions. Therefore, it is necessary to strive for a unified determination and coordinated actions from government officials, implementing officers, employers, parents, and all components of the nation to genuinely eliminate child labor.

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