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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 1,653 Documents
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Business Law Futurism: Between Market Rationality and Human Komang Suputra Kurniawan; 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

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Abstract

The rise of digital technologies has brought substantial changes to the way business is conducted, regulated, and understood. As companies increasingly rely on algorithmic systems, data-driven decisions, and platform-based markets, business law is pushed to evolve beyond its conventional functions. Yet, these rapid changes also reveal a growing gap: while market efficiency continues to advance, the ethical and human dimensions of law risk being overshadowed. This study explores how business law can remain relevant and principled in the midst of these shifts, especially when technological progress challenges long standing legal assumptions about responsibility, fairness, and accountability. In today’s digital economy, legal norms no longer operate solely through state regulation. Instead, they intersect with platform rules, automated systems, and global standards that influence behaviour as strongly as formal law—sometimes even more. This blending of authorities creates real uncertainty: Who is accountable when algorithms decide outcomes? How can ethical considerations be upheld when market logic prioritises speed over reflection? These questions underline the need for a more grounded understanding of how law should respond to technological acceleration. This article argues that the future strength of business law lies in restoring its ethical orientation while still embracing innovation. Law must continue to protect human dignity, ensure fairness, and maintain transparency, even as markets demand efficiency. Rather than treating technology as something that diminishes the role of law, this study views law as a guide that should shape the direction of technological development. By strengthening its moral foundation, business law can adapt to digital transformation without losing its core purpose. Ultimately, the article emphasises that progress should not come at the cost of justice, and that a human-centred legal system remains essential in navigating the complexities of modern economic life.
The Effectiveness of the Deradicalization Program in Preventing Terrorism in Indonesia: Challenges of Reintegration and Its Implications for National Security Kamal; Andi Purnawati; Mukhlis Lubis
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

In recent years, deradicalization programs have gained increasing importance in Indonesia's efforts to combat terrorism and ensure national security. However, despite their implementation, the effectiveness of these programs, particularly in terms of social reintegration, remains a key challenge. This study aims to evaluate the effectiveness of Indonesia’s deradicalization program, focusing on both ideological change and social reintegration of former extremists. Using a qualitative approach, the research conducted in-depth interviews, participant observations, and document analysis involving former terrorists, BNPT officials, and religious leaders. The findings reveal that while ideological shifts were successfully achieved through religious and psychosocial approaches, challenges in social reintegration, such as societal stigma and lack of family support, continue to hinder long-term success. The research underscores the importance of a more comprehensive approach to deradicalization, emphasizing social reintegration strategies to ensure sustained national security. The study offers practical recommendations for policymakers to strengthen post-program support, including anti-stigma campaigns and community-based reintegration initiatives. These findings contribute to the broader discourse on counterterrorism and deradicalization strategies in Indonesia
STRENGTHENING TRANSPARENCY AND ACCOUNTABILITY IN VILLAGE FUND MANAGEMENT THROUGH A FINANCIAL LAW APPROACH Hendra Karianga
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study explores ways to make Village Funds management in Indonesia more open and responsible by using both financial law ideas and digital governance strategies in today's digital world. This study is important because there are still problems with managing village money, like not having enough trained people, weak internal controls, and constant corruption, even though there are more laws and digital tools like SISKEUDES being used. The purpose of this research is to see how legal rules fit with what is really happening, to judge how well digital systems make things more transparent, and to discover ways to encourage governance that is responsible and prevents corruption. The study uses a qualitative method that combines legal study with real-world research to look at important laws—like Law No. 6/2014, Minister of Home Affairs Regulation No. 20/2018, and Minister of Villages Regulation No. 6/2020—along with actual information gathered from observations and documents. The findings show that digital technology greatly improves how correct reports are, the tracking of audits, and the public's ability to see financial information, but its success depends on administrative skills, technology setup, and the regular enforcement of legal guidelines. It determines that to improve how Village Funds are governed, there needs to be a strong legal foundation, skill development, effective monitoring systems, and digital tools that encourage transparency, responsibility, and community involvement.
A Comparative Legal Study of Indonesia’s Narcotics Law No. 35 of 2009 and Canada’s Cannabis Regulations SOR/2018-144 on Medical Cannabis Regulation Bima Guntara
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.v24i2.7414

Abstract

Cannabis has long been subject to strict legal control due to its psychoactive properties and potential for abuse, while at the same time attracting increasing attention for its potential medical applications. This study examines the legal regulation of medical cannabis through a comparative analysis of Indonesia’s Law Number 35 of 2009 on Narcotics and Canada’s Cannabis Regulations SOR/2018-144. The research addresses two main issues: first, how medical cannabis is regulated under the respective legal frameworks of Indonesia and Canada; and second, how Indonesia’s institutional approach, particularly through the National Narcotics Agency, responds to medical cannabis needs in comparison with Canada’s regulatory model. This study employs normative legal research using statutory and comparative approaches, supported by legal literature and relevant institutional data. The findings indicate that Indonesia adopts a prohibition-based approach by classifying cannabis as a Schedule I narcotic, thereby excluding its use for medical purposes on the basis of abuse prevention and public health protection. In contrast, Canada recognizes the medical use of cannabis and regulates it through a comprehensive licensing, distribution, and supervision system involving healthcare professionals. The comparative analysis highlights fundamental differences in legal priorities, regulatory design, and institutional responses, demonstrating how public health considerations and risk management are addressed differently within each legal system. These findings provide insight into the regulatory implications of divergent legal approaches to medical cannabis within contemporary narcotics law.
Age Requirement and Legal Certainty in Indonesia’s Presidential Candidacy after Decision No. 90/PUU-XXI/2023 Abdul Hadi
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.v24i2.7423

Abstract

This study examines the implementation of Law Number 7 of 2017 concerning General Elections, focusing on the minimum age requirement for presidential and vice-presidential candidates in Indonesia. The issue became significant after the Constitutional Court Decision Number 90/PUU-XXI/2023, which reinterpreted Article 169(q) to allow candidates under 40 years old to run if they currently hold or have held an elected public office. The research aims to analyze the legal certainty of this age limitation and its conformity with the principles of justice and equality enshrined in the 1945 Constitution. Using a normative juridical method, this study reviews relevant statutory provisions, legal doctrines, and academic commentaries to evaluate the consistency between the Court’s decision and constitutional values. The results reveal that the decision introduces a progressive shift in Indonesia’s constitutional jurisprudence by harmonizing formal legality with substantive justice. It ensures that legal certainty is maintained while promoting inclusiveness and equal opportunity in the democratic process. The conclusion emphasizes that the reinterpretation strengthens Indonesia’s constitutional democracy by affirming that leadership eligibility should be based on competence and public trust rather than age alone. This finding highlights the importance of integrating constitutional justice with democratic participation in future electoral law reforms.
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

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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

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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. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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

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This paper analyzes the marriage of the Prophet Muḥammad (peace be upon him) to Aishah (may Allah be pleased with her) within the framework of maqāṣid al-sharīʿah, emphasizing the historical, normative, and educational dimensions of the event. Modern debates that highlight the issue of ʿĀishah’s age often stem from a literalist reading detached from the maqāṣid-based context of Islamic law. Through a qualitative literature study of classical sources such as al-Sīrah al-Nabawiyyah, al-Muwāfaqāt by al-Shāṭibī, and Maqāṣid al-Sharīʿah al-Islāmiyyah by Ibn ʿĀshūr, this article finds that the marriage carries broad legal dimensions: the protection of lineage (ḥifẓ al-nasl), preservation of religion (ḥifẓ al-dīn), education of the ummah (taʿlīm al-ummah), and the formation of Islamic family ethics. Methodologically, this study employs a maqāṣidī-historical approach, using qualitative analysis of both texts and the 7th-century Arabian social context. The findings suggest that the marriage of ʿĀishah was not merely a historical fact but a sharīʿah instrument for safeguarding moral order and the epistemology of Islamic law. A maqāṣid-based understanding helps to avoid ahistorical interpretations while reinforcing the relevance of Islamic family ethics in the 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

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Abstract

Underage marriage is a complex social problem in Indonesia, including in West Java Province which is ranked 3rd highest nationally for child marriage. This practice not only violates children's basic rights, but also has an impact on high school dropout rates, structural poverty, and vulnerability to domestic violence. The West Java Provincial Government through the Women's Empowerment Office for Child Protection and Family Planning (DP3AKB) created the Stop Child Marriage (STOPAN) program to formulate a comprehensive policy approach and collaborate across sectors with the government, academia, media, businesses and communities in West Java with the aim of significantly reducing the rate of child marriage. This study aims to analyze how the implementation of the STOPAN program in West Java Province in reducing the rate of underage marriage. This study also aims to analyze the extent of STOPAN's effectiveness in reducing underage marriage when viewed from the perspective of George Edward III's public policy implementation theory. This study uses a qualitative-descriptive approach with a case study method. The results of the study show that the implementation of the STOPAN program shows partial effectiveness in reducing the rate of child marriage. This is shown by the decrease in the number of marriage dispensation 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 during the STOPAN program, in 2021 there were 6,794 cases, in 2022 there were 5,523 cases, in 2023 there were 4599, and in 2024 there were 3,631. However, there are still many people who practice serial marriage. Index of the proportion of women aged 20-24 years who are married or living together before the age of 18 according to 2021-2024. In 2021 it amounted to 10.09%, in 2022 it amounted to 8.65%, in 2023 it amounted to 6.79, in 2024 it amounted to 5.78%. The child marriage index during the STOPAN program period in 2021-2024 experienced an average annual decrease of 1.45%. Using George C. Edward III's policy implementation theory, it can be concluded that the success of the STOPAN program is largely determined by four factors: policy communication, resources, implementing disposition, and bureaucratic structure. The STOPAN program shows a fairly good performance in terms of communication and resources, but is still weak in implementation consistency (implementing disposition) and is not optimal in the monitoring and evaluation structure at the local level.

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