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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 1,653 Documents
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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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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
Digital Economy Taxation and Global Tax Governance: Legal Challenges and Future Directions Indrawan Hadiyanto; I Gede Agus Kurniawan
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

The rise of the digital economy has posed fundamental challenges to traditional tax principles and global tax governance. In response, the OECD/G20 Inclusive Framework has proposed a Two-Pillar Solution – comprising a new profit allocation mechanism and a global minimum tax – to modernise corporate taxation for the digital era. However, these reforms encounter substantial legal obstacles, including jurisdictional conflicts, potential overlaps with national digital service taxes, and debates over treaty reform and tax sovereignty. This article examines these complexities through doctrinal and comparative analysis of international tax laws, OECD models, and UN proposals. The analysis explores how rules on permanent establishment, profit allocation and anti-abuse respond to digitalisation, and how the Inclusive Framework negotiations affect global tax governance. Tensions between unilateral measures (such as digital services taxes) and multilateral solutions are considered, as well as equity concerns of developing countries. The findings highlight key challenges: the difficulty of reconciling national tax sovereignty with collective agreements, the risk of double taxation or gaps, and the contested roles of the OECD versus the United Nations in shaping future norms. The study concludes that coherent global tax governance will require both legal innovation and strengthened cooperation. It suggests future directions, including refining treaty rules and broadening international consensus (potentially beyond the OECD-led forum), to achieve fair and effective taxation in the digital age.
Repositioning Public Consultation In Land Acquisition For Public Interest: A Legal Reform Perspective In Indonesia Labib Renedy Crisdianto; Iwan Permadi; Herlindah
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.v24i1.7527

Abstract

Land acquisition for public purposes is an important instrument in national development that often raises issues, particularly regarding the protection of the rights of affected communities. One crucial aspect that is often questioned is the implementation of public consultation. Normatively, Law No. 2 of 2012 on Land Acquisition for Development for Public Purposes and its implementing regulations have regulated the mechanism for public consultation. However, practices in the field show the dominance of government actors without balanced participation from civil society, resulting in procedural injustice and potential agrarian conflicts. This indicates the need to reconceptualise the repositioning of public consultation as an instrument of democratisation in the land acquisition process. This study departs from two problem formulations, namely: (1) how public consultation is regulated in land acquisition for public interests in Indonesia; and (2) how the reconceptualisation of the repositioning of public consultation can strengthen land acquisition for public interests. Meanwhile, the research method used is normative legal research, with a legislative, conceptual, and comparative approach. The results of this study show that, first, the current regulation of public consultation is still administrative-formal in nature and does not guarantee the substantive involvement of the community. Second, public consultation as regulated in Law 2/2012 and its derivatives has not been able to be implemented de facto.
Analysis of Contract Implementation in E-Commerce Transactions: A Review Based on the Civil Code Agung Setya Nugraha; Anto Kustanto; Arum Widiastuti
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

Digital transformation in the trade sector has driven significant changes in contract implementation patterns, particularly in e-commerce transactions. This study aims to analyze the implementation of e-commerce contracts from the perspective of the Civil Code (KUHPerdata), focusing on the validity requirements of contracts, evidence mechanisms, and legal protection for the parties involved. This research uses a normative juridical approach through analysis of national regulations, jurisprudence, and current legal literature. The research results show that although the Civil Code remains relevant in principle through the principle of consensualism and freedom of contract, digital contract forms such as click-wrap agreements pose challenges in terms of evidence and substantial justice, especially for consumers. There is disharmony between the Civil Code, the ITE Law, and the Consumer Protection Law that causes legal uncertainty. Therefore, regulatory harmonization and reinterpretation of classical norms are needed to ensure adaptive and proportional legal protection in the digital transaction ecosystem. This research emphasizes the importance of updating the civil law system to be able to answer the challenges of legal relations in the e-commerce era.
Strategic Framework for the Organization of Regional Head Elections (Pilkada) by the General Election Commission (KPU) in Southern Sumatra (Lampung, Jambi, Bengkulu, and Babel) during the COVID-19 Pandemic Redi Pirmansyah; Junaidi; Martindo Merta
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

Indonesia’s democratization, particularly through regionalhead elections (Pilkada), has been a significant step indecentralization and empowering citizens. However, theCOVID-19 pandemic introduced unforeseen challenges inexecuting these elections. The pandemic created a tensionbetween maintaining democratic participation andaddressing public health concerns, making it difficult fortraditional election campaigns and procedures to continueas usual. This study explores how the General ElectionCommission (KPU) of Indonesia adapted the regional headelections in Southern Sumatra in response to the COVID19 pandemic. Specifically, it aims to evaluate the strategicadjustments made by the KPU to balance democraticprocedures with health protocols during the crisis. Theresearch utilizes a qualitative descriptive approach,focusing on document analysis of relevant regulations suchas Government Regulation No. 2/2020 and KPURegulations No. 5 and 6/2020. The study assesses themodifications made to electoral procedures to ensure thecontinuity of democratic processes while prioritizing publichealth. The findings demonstrate that the KPUsuccessfully implemented several strategies to ensure thesafety of voters and election participants during thepandemic. These strategies included strict health protocols,virtual communication methods, and educationalcampaigns aimed at increasing voter awareness. Despitethe challenges, the KPU managed to facilitate elections thatadhered to health guidelines while promoting active civicparticipation.
Combating Corruption Through An Approach To Restoring The Anti-Corruption Behavior Structure Of Law Enforcement Officials Ino Susanti
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

nti-corruption discourse is linked to how the government implements the law with strong and fair punishments, which strengthens regional resilience. This concerns law enforcement integrity, good rules, and legal culture. The issues are how to combat corruption by restoring law enforcement officials' anti-corruption behavior and why the rule of law is necessary. This research combines a normative legal research method/doctrinal approach with a literature or document study, legislative, conceptual, and case approaches. Laws and officer training do not limit anti-corruption efforts. More importantly, law enforcement must be able to find normovertreding behaviors/actions that perpetrators are unaware of. Reinstating law enforcement anti-corruption behavior is the key to ending corruption and restoring law's dominance. Pancasila, the nation's philosophy of life, and the 1945 Constitution require law enforcement officials to prioritize the welfare of Indonesian citizens when responding to, handling, and prosecuting corruptors. The advice should be a transformation from scientific truth based on normative criminal law instruments, alongside an understanding of the importance of fighting corruption by restoring law enforcement officials' anti-corruption behavior to respect law and defend community rights to welfare. Justice in law enforcement, the benchmark for eradicating corruption, should be realized in the supremacy/power of law by restoring law enforcement officials' anti-corruption behavior in combating corruption within a National Legal System based on Pancasila and the 1945 Constitution.

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