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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.
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Articles 1,715 Documents
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Law and Society in Transition: Philosophical Reflections on the Dynamics of Justice and Social Change Nur Anisa; I Nyoman Budiana; I Gede Agus Kurniawan
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.v23i2.7429

Abstract

The rapid social changes occurring in the modern era place law and society in a dynamic and complex relationship. This study seeks to philosophically analyze the relationship between law and society in the context of ongoing social change, and examines the role of law as both an instrument and a reflection of these social dynamics. This research uses a qualitative approach with a philosophical reflection method on the concepts of justice, norms, and social transformation. The results of the study indicate that law cannot be understood solely as a set of rigid rules, but rather as a historical and cultural product that continues to evolve in line with changing societal values. During periods of social transition, law plays a dual role: on the one hand, it functions as a control instrument to prevent change from causing chaos, and on the other, it acts as a mirror that reflects the aspirations, moral awareness, and demands for justice in society. Philosophically, the relationship between law and society is dialectical—society shapes law, and law, in turn, shapes social behavior. Therefore, justice in the context of a transitional society must be understood dynamically, namely justice that is able to adapt to change without losing its moral foundation. In conclusion, responsive law rooted in social values ​​is a prerequisite for the creation of substantive justice in a constantly changing society.
Lesbian Gay Bisexual Transgender Queer Questioning, Intersex Asexual Allies Pansexual in the Perspective of the Applicable Law in Indonesia Brian Permata Albuquerque; I Made Wirya Darma
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.v23i1.7444

Abstract

This study aims to examine Indonesia's legal perspective on the LGBTQQIAAP community, both in existing laws and in the legislative drafts currently under discussion. This research employs a normative legal approach with a juridical-normative method, focusing on the analysis of legislation, legal doctrines, and expert opinions related to this issue. The data utilized include primary legal sources such as laws and legislative drafts, as well as secondary legal materials from literature, journals, and other academic sources. The findings indicate that the LGBTQQIAAP community in Indonesia still faces significant legal challenges that hinder the recognition and protection of their rights. Although there is no national law explicitly criminalizing their existence, various regulations and legal interpretations are often used to restrict their rights, particularly in aspects of freedom of expression and the right to live without discrimination. Legislative drafts such as the RKUHP (Revised Criminal Code) and the Family Resilience Bill have the potential to worsen this situation by reinforcing discriminatory social norms and restricting individual freedoms based on gender identity and sexual orientation. Therefore, legal reforms that are fair and based on human rights are necessary, along with educational efforts to ensure that policies reflect not only the norms of the majority but also provide equal protection for all Indonesian citizens
Digital Communication as a Bridge: Fostering Organizational Commitment for Peak Employee Performance under Digital Leadership (Study on Employees of PT Bank Tabungan Negara, Tbk, North Maluku Branch) TATA YONI PERMANA
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.7445

Abstract

Research on "Efforts to Improve Employee Performance Through Organizational Commitment Based on Digital Leadership and Organizational Culture (Case Study on Employees of PT. Bank Tabungan Negara, Tbk, North Maluku Branch)". PT. Bank Tabungan Negara, Tbk, North Maluku Branch is often faced with the phenomenon of employees who do not do their jobs properly. The population and sample in this study were 81 employees of PT. Bank Tabungan Negara, Tbk, North Maluku Branch. The results of this study indicate that the digital leadership variable does not have a significant effect on employee performance. However, organizational culture has a significant influence on employee performance. Adaptive organizational culture supports the application of technology in data-based decision making. So a strong organizational culture is needed by every organization to increase job satisfaction which will ultimately affect the overall performance of the organization. Furthermore, related to the role of organizational commitment, ensuring strategic technology integration, thus supporting the overall performance of the organization
THE MARRIAGE OF ʿĀISHAH (RA) IN THE PERSPECTIVE OF MAQĀṢID AL-SHARĪʿAH: A HISTORICAL AND NORMATIVE ANALYSIS OF THE OBJECTIVES OF ISLAMIC LAW Abdurrasyid Ridha; Adang Djumhur Salikin; Achmad Kholiq; Sugianto Sugianto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper analyzes the marriage of the Prophet Muḥammad (peace beupon him) to Aishah (may Allah be pleased with her) within theframework of maqāṣid al-sharīʿah, emphasizing the historical,normative, and educational dimensions of the event. Modern debates thathighlight the issue of ʿĀishah’s age often stem from a literalist readingdetached from the maqāṣid-based context of Islamic law. Through aqualitative literature study of classical sources such as al-Sīrah alNabawiyyah, al-Muwāfaqāt by al-Shāṭibī, and Maqāṣid al-Sharīʿah alIslāmiyyah by Ibn ʿĀshūr, this article finds that the marriage carries broadlegal dimensions: the protection of lineage (ḥifẓ al-nasl), preservation ofreligion (ḥifẓ al-dīn), education of the ummah (taʿlīm al-ummah), and theformation of Islamic family ethics. Methodologically, this study employsa maqāṣidī-historical approach, using qualitative analysis of both textsand the 7th-century Arabian social context. The findings suggest that themarriage of ʿĀishah was not merely a historical fact but a sharīʿahinstrument for safeguarding moral order and the epistemology of Islamiclaw. A maqāṣid-based understanding helps to avoid ahistoricalinterpretations while reinforcing the relevance of Islamic family ethics inthe modern era.
IMPLEMENTATION OF THE WEST JAVA STOPAN PROGRAM IN REDUCING UNDERAGE MARRIGE, AS PER GEORGE EDWARD III Ahmad Azhari; Nur Ali Sugianto; Adang Dhumhur; Edy Setyawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Underage marriage is a complex social problem in Indonesia, includingin West Java Province which is ranked 3rd highest nationally for childmarriage. This practice not only violates children's basic rights, but alsohas an impact on high school dropout rates, structural poverty, andvulnerability to domestic violence. The West Java Provincial Governmentthrough the Women's Empowerment Office for Child Protection andFamily Planning (DP3AKB) created the Stop Child Marriage (STOPAN)program to formulate a comprehensive policy approach and collaborateacross sectors with the government, academia, media, businesses andcommunities in West Java with the aim of significantly reducing the rateof child marriage. This study aims to analyze how the implementation ofthe STOPAN program in West Java Province in reducing the rate ofunderage marriage. This study also aims to analyze the extent ofSTOPAN's effectiveness in reducing underage marriage when viewedfrom the perspective of George Edward III's public policy implementationtheory. This study uses a qualitative-descriptive approach with a casestudy method. The results of the study show that the implementation of theSTOPAN program shows partial effectiveness in reducing the rate ofchild marriage. This is shown by the decrease in the number of marriagedispensation applications in districts/cities in the West Java region.Based on data from the High Court of Religion of West Java Province,marriage dispensation in West Java Province tends to decrease duringthe STOPAN program, in 2021 there were 6,794 cases, in 2022 there were5,523 cases, in 2023 there were 4599, and in 2024 there were 3,631.However, there are still many people who practice serial marriage. Indexof the proportion of women aged 20-24 years who are married or livingtogether before the age of 18 according to 2021-2024. In 2021 itamounted to 10.09%, in 2022 it amounted to 8.65%, in 2023 it amountedto 6.79, in 2024 it amounted to 5.78%. The child marriage index duringthe STOPAN program period in 2021-2024 experienced an averageannual decrease of 1.45%. Using George C. Edward III's policyimplementation theory, it can be concluded that the success of theSTOPAN program is largely determined by four factors: policycommunication, resources, implementing disposition, and bureaucraticstructure. The STOPAN program shows a fairly good performance interms of communication and resources, but is still weak inimplementation consistency (implementing disposition) and is notoptimal in the monitoring and evaluation structure at the local level.
Development of a Progressive Hermeneutics Model in Sharia Economic Dispute Resolution: A Case Study of the Majene Religious Court Decision Number 1/Pdt.G.S/2024/PA. Mj Nuzha Nuzha; Ardiansyah; Ilham Usman
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.v24i2.7460

Abstract

This article presents a progressive hermeneutic model as an interpretive framework for resolving Sharia economic disputes, using a case study of the Majene Religious Court Decision Number 1/Pdt.G.S/2024/PA.Mj. This research is driven by the finding that the judge’s hermeneutic approach in Sharia economic cases remains dominated by a legal-formal orientation, particularly in cases resolved through a peace deed. The standard clauses of Islamic banking, the limited scope for judicial interpretation, and the weak protection of vulnerable parties within the contractual structure indicate the need for a more responsive hermeneutic framework, grounded in the principle of substantive justice and based on maqāṣid al-shari’ah. Using normative-empirical methods, this study develops a progressive hermeneutic model grounded in three pillars: normative texts, socio-economic contexts, and the moral goals of Islamic law.
The Ontology of Crime and Punishment: Philosophical Foundations of Criminal Liability Ni Putu Fitriani; Ni Gusti Agung Ayu Mas Tri Wulandari; I Gede Agus Kurniawan
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.v23i2.7499

Abstract

The concepts of crime and punishment in the philosophy of law are not only understood as positive legal constructs, but also as moral and ontological entities that reflect human views on responsibility and justice. An ontological understanding of crime and punishment is essential to affirming the moral foundation of the modern criminal law system. This study aims to examine the ontological nature of crime and punishment and to identify the philosophical foundations that shape the concept of criminal liability. This research is expected to bridge the relationship between morality, free will, and the legitimacy of criminal law. This study uses a qualitative approach with philosophical and hermeneutic analysis methods. The primary data sources come from classical moral philosophy literature and contemporary legal theories related to the concepts of moral and criminal responsibility. The analysis shows that crime is ontologically a violation of the moral order internalized in law. Punishment essentially functions as a moral restoration and affirmation of human rationality, which has freedom of action. Criminal responsibility is only meaningful if the perpetrator is deemed to have moral awareness and the capacity for free will. This study concludes that the philosophical foundation of criminal responsibility lies in the ontological understanding of humans as autonomous moral subjects. Thus, criminal justice is not only legal-formal in nature, but also stems from rational ethics and universal moral values.
Humanism as a New Paradigm in 21st Century Criminal Law Reform I Kadek Prajadwiva Baskara Dana; Kadek Januarsa Adi Sudharma; I Gede Agus Kurniawan
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.v23i2.7501

Abstract

21st century criminal law is undergoing a paradigmatic transformation marked by a shift from a retributive paradigm toward a humanistic one. This new paradigm positions human beings as the central subject of law, aiming to create a criminal justice system grounded in humanity, substantive justice, and the protection of human dignity. This study seeks to analyze the construction of humanistic principles as a new paradigm in criminal law and to examine the extent to which Indonesian criminal law—through the new Criminal Code (KUHP)—has adopted restorative and rehabilitative justice values within its legislative framework and enforcement practices. The research employs a normative legal method using a conceptual approach, analyzing primary legal materials such as the 2023 KUHP, secondary materials including academic literature, and tertiary sources such as legal encyclopedias. The data are examined through a descriptive-analytical method to understand the interrelation between legal norms and humanistic values. The findings reveal that the new KUHP has incorporated the principles of humanism, as reflected in the provisions concerning the purposes of punishment, the prohibition of degrading treatment, and the application of restorative justice principles. Nevertheless, its implementation continues to face structural and cultural challenges within law enforcement institutions. This study contributes scientifically by offering a philosophical and normative perspective on humanism as the foundation for national criminal law reform that is just, civilized, and oriented toward social restoration
Artificial Intelligence and Criminal Liability Challenges for Contemporary Penal Law Kadek Panji Kumara Adi; I Made Wirya Darma; I Gede Agus Kurniawan
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.v23i2.7502

Abstract

Contemporary criminal law faces a significant paradigmatic challenge with the emergence of Artificial Intelligence (AI) as a non-human entity capable of autonomous action and producing legally relevant consequences. The traditional criminal law system—rooted in an anthropocentric paradigm that attributes mens rea and actus reus exclusively to human actors—has become inadequate in explaining liability within the context of autonomous and adaptive algorithmic decision-making. This study aims to analyze how the criminal law system responds to actions and decisions generated by AI that result in legal consequences, and to formulate a conceptual model of AI criminal liability that ensures legal certainty, justice, and accountability. The research employs a normative legal method with a conceptual approach. The findings reveal that the criminal law system encounters both a culpability gap and a liability gap due to the absence of a legal subject that can be held directly accountable for AI’s actions. A reconstruction of the criminal law paradigm is therefore necessary through the adoption of a hybrid criminal liability framework that integrates human, corporate, and AI accountability based on the degree of control and risk creation. This study recommends limited recognition of electronic personhood for certain AI entities, alongside the application of risk-based accountability and the precautionary principle as new normative foundations for establishing an adaptive, accountable, and just criminal law system in the digital era
Human Rights Due Diligence in Global Business Toward Mandatory International Legal Standards I Putu Bogi Danuarta; I Gede Agus Kurniawan
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.v23i2.7504

Abstract

International business law is undergoing a significant paradigmatic transformation marked by a shift from voluntary Human Rights Due Diligence (HRDD) standards (soft law) toward mandatory regulation (hard law). This transformation signifies a strengthened legal accountability of global corporations for human rights (HR) within increasingly complex transnational supply chains. This study aims to analyze the impact of the transition from soft law to hard law on the effectiveness of corporate compliance with human rights principles and to formulate an ideal international mechanism for the universal harmonization of HRDD. The research employs a normative legal method with a conceptual approach, utilizing primary legal materials such as the United Nations Guiding Principles on Business and Human Rights (UNGPs), the EU Corporate Sustainability Due Diligence Directive (CSDDD), and other relevant international legal instruments. Secondary legal materials include academic literature and empirical studies on HRDD effectiveness, while tertiary materials—such as legal dictionaries and encyclopedias—are used to ensure terminological precision and analytical clarity. The findings reveal that the transition toward mandatory HRDD has enhanced normative legitimacy and broadened corporate accountability frameworks; however, its substantive effectiveness remains constrained by regulatory fragmentation across jurisdictions and limited access to remedies for victims, particularly in developing countries. This research proposes the Global Harmonized HRDD Framework as a conceptual solution that integrates corporate accountability, legal certainty, and substantive justice within a comprehensive and equitable international legal architecture

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