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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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 1,715 Documents
Parental Communication in Raising Children with Intellectual Disabilities: A Study at Rumah Anak Prestasi Surabaya Wipi Evellyn Adea Pramesti; Siska Armawati Sufa; Iwan Joko Prasetyo; Harliantara; Anurag Hazarika
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7261

Abstract

This study aims to understand the communication patterns of parents in caring for children with intellectual disabilities at Rumah Anak Prestasi Surabaya. The background of this study is the lack of research on communication between family members, especially in the Indonesian context, involving parents in the informal education of children with disabilities. This study uses a qualitative approach with in-depth interviews, participatory observation, and documentation, and analyzes data using the transcendental phenomenology method. The results of the study show three main themes in parental communication, namely emotional and empathetic approaches, visual and non-verbal communication, and the use of storytelling as an instructional strategy. Parents emphasized the importance of empathetic communication and emotional involvement, such as setting aside special time for their children, listening to their feelings, and using physical contact to calm them. In addition, visual media such as pictures of faces and flash cards were used to clarify instructions and children's emotional expressions. The use of stories also helped children understand their values and emotions through relevant fictional characters. In conclusion, open and empathetic communication, as well as the use of visual communication, are key to supporting the development of children with intellectual disabilities in Indonesia.
The Effect of TikTok Shop Live Streaming Frequency on Impulse Buying with Positive Emotions Mediation Tiara Diah Permatasari; Farida; M. Reza Ishadi Fadillah; Ashera Yuslam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7263

Abstract

This study examines the direct and indirect effects of TikTok Shop live streaming frequency on impulsive buying behavior, with positive emotions as a mediating variable. The background of this research stems from the rapid development of live commerce in Indonesia, which increasingly encourages spontaneous online purchasing behavior. The study specifically analyzes how repeated exposure to persuasive live content affects viewers’ emotional responses and impulsive decision-making. Using a quantitative approach, data were collected from 101 active TikTok Shop users through an online questionnaire. Statistical testing was conducted using SPSS version 26 and PROCESS Macro Model 4 to identify both direct and mediating effects. The results indicate that viewing frequency significantly influences impulsive behavior and positive emotions, yet positive emotions do not significantly mediate the relationship between them. These findings suggest that impulsive behavior is primarily driven by repetitive exposure and external digital stimuli rather than by affective reactions alone. Theoretically, this study enriches understanding of the Stimulus–Organism–Response (S–O–R) model in the context of live commerce and highlights the limited mediating role of positive emotions. Practically, it recommends that marketers manage viewing frequency and interactive quality to enhance consumer engagement and promotional effectiveness.
Normative Analysis of Murder Case Decisions in Surabaya: Case Study Number 454/Pid.B/2024/PNNormative Analysis of Murder Case Decisions in Surabaya: Case Study Number 454/Pid.B/2024/PN Rio Armanda Agustian; Valentina Moiso
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.v24i1.7293

Abstract

This study aims to analyze the application of criminal law in murder cases with a focus on the decision of case Number 454/Pid.B/2024/PN in Surabaya. This case involves the application of Articles 338 and 340 of the Criminal Code (KUHP) related to unplanned murder and premeditated murder. This study uses normative legal research methods with a legislative approach and a case approach. The results of the study show that the judge has carefully considered the existing evidence and sentenced in accordance with the applicable legal provisions. Although the defendant claimed self-defense, the judge considered that there was not enough evidence to support the claim. The impact of the verdict on the perpetrator provides a deterrent effect and serves as a warning to the public about the severe legal consequences for the crime of murder. Meanwhile, although the victim's family is satisfied with the court's decision, they still feel a loss that cannot be replaced by any punishment. This study concludes that even though the judicial process has been carried out in accordance with the applicable procedures, there is still room for improvement in terms of the time given to the defense and attention to the psychological condition of the perpetrator
Does Earmarking Tobacco Excise Revenue Sharing Fund (DBHCHT) Strengthen Illegal Cigarette Enforcement in East Java? An Interrupted Time Series Evaluation Berlian Yoga Ardana; Candra Fajri Ananda; Nugroho Suryo Bintoro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7301

Abstract

The circulation of illegal cigarettes harms various sectors, including state revenue, industry, and health, so its eradication requires adequate funding support. This study assesses the impact of the DBH CHT earmarking policy since 2021 on strengthening the enforcement of illegal cigarettes in East Java, the largest recipient of the allocation in Indonesia. This research employs a quantitative approach, utilizing the Interrupted Time Series (ITS) method, and examines data on the frequency of illegal cigarette enforcement over 13 years (2012–2024). The analysis was conducted at fourteen Customs Offices in East Java Province, which coordinate with local governments receiving DBH CHT. The results showed that, prior to the 2021 intervention, the frequency of enforcement against illegal cigarettes increased significantly from year to year. Post-intervention, there was a significant spike in enforcement frequency at a rate of 10%, although it had not yet reached the significance of 5%. Meanwhile, no significant change in long-term trends was observed. The impact of the DBH CHT earmarking policy intervention in the enforcement of illegal cigarettes has not been able to strengthen the government's efforts, so it is necessary to improve the technical aspects of policy implementation, take advantage of learnings from the experience of managing "supervision funds", and adopt more diverse supervisory strategies.
Legal Review of Jambi City Regional Regulation Number 2 of 2014 on the Eradication of Prostitution and Immoral Acts in Preventing Social Pathology Nabila Meilisa Saputri; Tri Endah Karya Lestiyani; Cici Sundari; Burhanuddin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7323

Abstract

Jambi City Regional Regulation Number 2 of 2014 concerning the Eradication of Prostitution and Immoral Acts is implemented as an effort by the local government to suppress the practice of prostitution, which is considered a form of social pathology. This policy has had a significant impact, including the closure of the two largest localizations in Jambi City, namely Payo Sigadung (Pucuk) and Langit Biru. However, its effectiveness is still debatable because the practice of prostitution still occurs covertly in various places. This study aims to juridically analyze the substance and implementation of Jambi City Regional Regulation Number 2 of 2014 and to assess its effectiveness in preventing social pathologies. The research method used is qualitative with an exploratory approach. The data used are secondary sources from legal documents, online media, and relevant scientific journals. Data analysis was conducted using NVivo 12 Plus to explore themes, word frequencies, and relationships among legal concepts related to the implementation of local regulations. The results of the study show that this regulation has a strong legal basis and has contributed to suppressing the practice of prostitution administratively. However, its implementation still faces various obstacles such as weak legal sanctions, limited inter-agency coordination, and suboptimal rehabilitation and economic empowerment programs for former sex workers. Juridically, Regional Regulation Number 2 of 2014 plays a vital role in preventing social pathologies. However, it still requires a more comprehensive legal approach and synergy with social, economic, and cultural strategies to create a sustainable moral order in Jambi City.
Consumer Protection in Buying and Selling Transactions Through E-Commerce Platforms : A Study of The Validity Of Electronic Contracts and Legal Remedies for Dispute Resolution in Indonesia Suwardi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7336

Abstract

The development of information technology has changed the pattern of conventional trade transactions into electronic transactions through e-commerce platforms . This study aims to analyze consumer legal protection in buying and selling transactions through e-commerce platforms , the validity of electronic contracts, and legal remedies for dispute resolution available in Indonesia. The research method used is normative legal research with a statute approach , a case approach , and a theoretical approach . Secondary data was obtained through a literature study of relevant laws and regulations, legal literature, and court decisions. The results of the study indicate that the validity of electronic contracts in Indonesia has been regulated in Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 19 of 2016, which provides legal recognition for electronic signatures and electronic documents. Consumer protection in e-commerce transactions is guaranteed through Law Number 8 of 1999 concerning Consumer Protection and Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems. Legal dispute resolution can be pursued through litigation and non-litigation channels, including mediation, arbitration, and consumer complaint mechanisms through e-commerce platforms. The study's conclusions emphasize the importance of regulatory harmonization and strengthening law enforcement mechanisms to provide optimal consumer protection in e-commerce transactions
Environmental Law Enforcement Governance Based on Sustainable Development Principles in East Java Province Wilda Prihatiningtyas; Ardhana Christian Noventri; Himawan Estu Bagijo; Nenes Renata; Poppy Hairunnisa; Siti Wulan Asih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7342

Abstract

This study analyzes how environmental law enforcement operates in East Java and proposes a transformation pathway consistent with sustainable development. The research pursues two aims: to assess current practice and to design reforms that align ecological protection with social equity and economic viability. A qualitative approach with quantitative support was employed, combining legal and policy review, time-series analysis of the Environmental Quality Index and its components for 2020–2024, desk research on administrative and judicial cases from 2022–2024, and interviews and focus group discussions with government, and civil society. The analysis shows that administrative sanctions function as an effective first line because they are fast, preventive, and scalable, yet their impact is constrained by fragmented mandates, uneven supervisory and laboratory capacity, and the absence of binding timelines from inspection to decision and from decision to ecological restoration. Water quality remains the most persistent drag on aggregate environmental performance, indicating weak links between enforcement outputs and ecological outcomes. The study concludes that a responsive and smart regulatory mix is required, centered on administrative sanctions tied to measurable restoration, proportionate civil and criminal escalation, and a provincial bylaw that fixes coordination architecture, service levels, public participation.
Patient Data Protection Compliance Model in Electronic Medical Record Systems Following the Implementation of the Personal Data Protection Law in Indonesia Elsy Nur Anggraeni Elsy; Dey Ravena; Aslan Noor
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7364

Abstract

The implementation of Electronic Medical Records (EMR) in Indonesia has undergone significant development with the enactment of Minister of Health Regulation No. 24 of 2022. However, the main challenge in implementing EMR is the protection of patient personal data, which remains suboptimal. This study aims to analyse the management of personal data in the EMR system in Indonesia, compare national regulations with international standards, and formulate a compliance model that can improve the protection of patients' personal data. The method employed in this study is a normative juridical approach, which examines legislation, legal documents, and compares them with international standards, such as the GDPR and HIPAA. The results of the study indicate that, despite Indonesia's existing strong regulations on personal data protection, significant gaps remain in medical data management, particularly in areas such as audit trails, data security, and law enforcement. This study proposes a compliance model that incorporates the implementation of strict audit trails, enhanced data security through encryption, and more stringent law enforcement to ensure compliance with applicable regulations. In conclusion, collaboration among the government, the private sector, and healthcare facilities is essential to enhance the implementation of secure Electronic Medical Records that comply with Indonesia's personal data protection regulations.
The Meaning of Restorative Justice by Structural Power in The Legal System in Indonesia Steinly Suwanto; Maulana Malik Ibrohim; Fendi Setyawan; M. Arief Amrullah; Valentina Moiso
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7370

Abstract

Legal enforcement systems globally are frequently situated within a dichotomous debate between retributive justice, which views law as an instrument of punishment, and restorative justice, which regards law as a mechanism for restoring social harmony. Both perspectives contribute significant insights; however, contemporary legal discourse increasingly gravitates toward restorative justice as a model considered more congruent with current societal conditions. Despite this trend, numerous scholars contend that restorative justice remains a utopian construct, whose practical implementation is often unrealistic and prone to generating institutional resistance. In Indonesia, this tension is reflected in the Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020, the Indonesian National Police Regulation No. 8 of 2021, and the Supreme Court Regulation No. 1 of 2014, each articulating restorative justice through the lens of their respective institutional mandates and gravitating towards administrative issues rather than the essence of law enforcement. This research employs a literature-based and regulatory analysis to examine the implementation of restorative justice in Indonesia. The study concludes that the current application of restorative justice in Indonesia remains misaligned with the fundamental principles of restorative justice as theorized in the broader academic discourse.
The Legal Status of Contracts in Affiliate Schemes: A Fiqh Mu'āmalah Review and Its Implementation in the Digital EraThe Legal Status of Contracts in Affiliate Schemes: A Fiqh Mu'āmalah Review and Its Implementation in the Digital Era Amirkahairuddin; Pidayan Sasnifa; Herri Novealdi; Cici Sundari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 25 No. 1 (2026): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v25i1.7420

Abstract

The development of the digital economy has introduced affiliate marketing as a key strategy for expanding Indonesia's e-commerce market. This study aims to analyze the legal status of contracts (akad) within affiliate schemes in accordance with the principles of fiqh mu'āmalah and to examine their implementation in the digital ecosystem. The research employs a normative method with a literature review approach, analyzed descriptively and qualitatively using Nvivo 12 Plus to trace secondary data from journals, online media, and relevant regulations. The findings indicate that affiliate practices can be classified as ju‘ālah, wakālah, or ijārah contracts, provided the essential elements and requirements of the agreement are met. However, in practice, several issues remain, including unclear commission calculation systems, delayed payments, bonus mechanisms that may resemble maysir, and the risk of riba in payment processes handled through third parties. These findings underscore the importance of transparency, fairness, and Sharia compliance in the implementation of digital affiliate schemes. The study concludes that affiliate systems have a valid sharia-based legal basis but require specific regulations to ensure legal certainty and protection for all parties involved.