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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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Independence of Mediation Institutions as an Alternative to Settlement Divorce Disputes in Indonesia Turatmiyah, Sri; Emirzon, Joni; Yahanan, Annalisa
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

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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.
Reassessing the Urgency of Tax Amnesty in Indonesia: A Social Justice Perspective Ulum, Hafizatul
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 post-reform tax amnesty policy in Indonesia aims to enhance tax compliance and increase state revenue by granting relief from outstanding tax liabilities and penalties, conditional upon asset disclosure and payment of a redemption fee. This article examines the urgency of such a policy from the perspective of social justice, grounded in constitutional principles, tax law doctrines, and distributive justice theory. Employing a normative legal approach, the study analyzes the juridical foundation of Indonesia’s tax amnesty, with particular attention to the 2016 Tax Amnesty Program, alongside related initiatives such as the 2008 Sunset Policy and the 2022 Voluntary Disclosure Program. The findings indicate that while tax amnesty can effectively broaden the tax base and generate substantial short-term revenue, it also raises concerns about fairness. From the standpoint of Pancasila and the 1945 Constitution, questions arise over whether forgiving tax evaders aligns with the principle of equitable tax burden. Critics argue that the policy offers preferential treatment to non-compliant taxpayers, potentially undermining the moral integrity of law-abiding citizens. Although the Constitutional Court upheld the law’s constitutionality, challenges such as moral hazard and social inequality remain. The article recommends that future tax policy prioritize legal enforcement and long-term distributive justice to ensure equitable and sustainable compliance.
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.
Online Gambling Streaming Regulations on Facebook Platform: Legal Liability Analysis Based on Indonesian Regulations Adi Putra, Kadek Panji Kumara; Wirya Darma, I Made; Adena, Komang Dea
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

The purpose of this paper is to discuss the regulation of online gambling streaming on the Facebook platform: an analysis of legal responsibility based on Indonesian regulations. This study uses a normative legal research method. The approach used is a conceptual and legislative approach, by examining the provisions in relevant laws and regulations such as the ITE Law. The results of this study indicate that the regulation of legal responsibility for Facebook in broadcasting online gambling streaming in Indonesia is a legal urgency that cannot be ignored. Although Facebook is not the main actor in broadcasting gambling content, as a provider and owner of a live streaming platform, Facebook can be qualified as a party that participates in committing a crime as regulated in Article 55 paragraph (1) of the Criminal Code. This provision is reinforced by the prohibition on the distribution of gambling content through electronic systems in Article 27 paragraph (2) of the ITE Law, as well as Article 303 of the Criminal Code which prohibits all forms of gambling. The theory of intermediary liability and duty of care emphasizes that digital platform providers have legal responsibility for the content circulating in their systems, especially if there is negligence or neglect of the distribution of illegal content.
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

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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
The Inclusion of Clauses in Motor Vehicle Financing Agreements That Harm Consumers in Medan City Dedi Harianto; Mulhadi; Barus, Utary Maharany
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

Consumer financing agreement clause determined unilaterally by a consumer financing company by eliminating consumer rights to rengotiate the clause. This condition causes the inclusion of a clause more oriented to the interests of consumer finance company and potentially harm consumers. The formulation of the problem in this study is as follows :how is the form of the clause of a motorized vehicle financing agreements that harm consumers in the city of Medan, how is the legal impact caused by the inclusion of a clause on motorized vehicle financing agreements that harm consumers in the city of Medan. The research method used is a normative juridical and empirical juridical research method with, inductive and deductive method of drawing conclusions. There are several consumer financing agreement clauses that have the potential to cause consumer lossesin the city of Medan, including : the inclusion of a payment clause in full if the debtor delays the installment payment, authorizing consumer finance companies to withdraw vechile units without prior notice. The legal impact caused in the form of a dispute between the parties at BPSK and the court and the refusal of the parties to implement the agreement on motor vehicle consumer financing agreements.
Government Transparency and Public Accountability in the Implementation of Good Governance in Indonesian Constitutional Law System Muhammad Ngazis
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

This research aims to analyze the role of government transparency and public accountability in the implementation of Good Governance in the Constitutional Law System in Indonesia. In the context of legal and government dynamics, transparency and accountability are considered the main pillars in achieving effective Good Governance practices. This research used library research method, with a series of research relating to library data collection methods, or research whose research objects areexplored through a variety of library information including books, encyclopaedias, scientific journals and documents. Byfocusing on key aspects of Good Governance such as transparency, accountability, community participation andjustice, this research aims to provide a holistic picture of the implementation of these principles. This research finallyleads to recommendations for strengthening regulations related to transparency, increasing access to publicinformation, and designing accountability mechanisms that are clearer and consistently applied. It is hoped that thesefindings can contribute to further understanding of how transparency and accountability play a role in establishingGood Governance in the Constitutional Law System in Indonesia.

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