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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 1,715 Documents
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Peran PAUD Dalam Pencegahan Kekerasan Terhadap Anak Dalam Perspektif Hukum Dan Pendidikan Habibi; Sri Sofiana Amni; I Gusti Ayu Agung Andriani; Ni Made Ria Taurisia Armayani; Sabilal Haque
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.v25i1.7814

Abstract

In the context of early childhood education and child protection, repressive law encompasses various mechanisms for prosecution of perpetrators of violence and reparation for victims of violence. For example, sanctions for perpetrators of violence. This study aims to describe the role of Early Childhood Education (PAUD) institutions in Mataram City in preventing violence against children from a legal and educational perspective, as well as analyzing the obstacles and barriers in preventing violence in PAUD educational environments. This research uses a qualitative approach with data collection techniques through interviews, observations, and documentation at several PAUD institutions, namely Saraswati Kindergarten, Babussalam RA, Pelangi PAUD, and Perwanida RA. The study results indicate that early childhood education (PAUD) plays a crucial role in instilling the values of compassion, empathy, and non-violent behavior through humanistic and child-friendly learning. Prevention efforts are carried out through outreach to parents, the instillation of positive character traits, and supervision of children's learning environments. However, several obstacles remain, such as the lack of explicit integration of violence prevention education into the curriculum, a lack of teacher training, and the absence of written policies and standard institutional mechanisms
Actor Deconstruction In The Integrated Criminal Justice System : Reintegration Of The Victim's Role Through A Restorative Justice Approach In Indonesia Steinly Suwanto; Ainul Azizah; Nurul Ghufron
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.v25i1.7838

Abstract

System justice Indonesian criminal law that has been This based on paradigm retributive has place the victim in a systemic outside current main judicial process. Research This aim deconstruct role actors in Integrated Criminal Justice System (ICJS) at once offer paradigm new that repositions the victim as center and axis system, not just protected subjects. The methods used is study law normative with approach legislation and conceptual, based on the New Criminal Code (Law No. 1 of 2023), New Criminal Procedure Code (Law No. 20 of 2025), Regulations Police Number 8 of 2021, and Attorney General Regulation Number 15 of 2020. Research results reveal fundamental transformation of the whole ICJS actors : police transform become facilitator restorative justice, prosecutor's office integrate restitution in prosecution strategy, justice must consider victim recovery, and advocates now recognized as formal actor since stage investigation. Research This conclude that the victim's consent is condition sine qua non in every mechanism restorative, and victim recovery is gauge measuring main success system, not effect side punishment. Regulatory fragmentation and limitations capacity institutional Still become obstacle urgent structural For overcome.
The Ideal Model for Imposing Disciplinary Sanctions on Personnel of the Ombudsman of the Republic of Indonesia to Realize an Oversight Institution with Integrity imam bagus
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

This articel focuses on the construction of disciplinary punishment for the personnel of the Indonesian Ombudsman, aiming to improve and reconstruct the disciplinary enforcement system within the institution. The research highlights the importance of an effective disciplinary mechanism to maintain the credibility and professionalism of the Ombudsman. The study identifies the gaps in the current disciplinary process, such as unclear regulations and inconsistent application of sanctions, which lead to a lack of legal certainty. The dissertation proposes an ideal model for the imposition of disciplinary actions that aligns with the principles of rule of law, proportionality, and restorative justice. This model emphasizes a clear classification of offenses, transparent procedures, and the strengthening of internal oversight mechanisms, including the Ethics Council and whistleblowing system. The proposed reconstruction aims to enhance the Ombudsman's role as an effective and credible public service oversight institution
LEGAL PROTECTION FOR BULLYING VICTIMS IN MEDICAL PROFESSIONAL EDUCATION FROM A VICTIMOLOGY PERSPECTIVE eko budi
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

Bullying in medical professional education is carried out with the intent to harm, intimidate, or cause discomfort to the participants, using methods such as academic, physical, verbal, and financial bullying. These behaviors are driven by personal, interpersonal, external, and contextual factors. The aim of this study is to identify the forms and causes of bullying in medical professional education, the legal protection regulations, and the legal actions that victims can take. This research is a normative juridical study with a legislative, conceptual, and analytical approach. Legal protection against bullying victims can be preventive and repressive. Victims can seek legal action through restorative justice, complaints to the Ministry of Health, or criminal reports under the Criminal Code (KUHP) and the ITE Law
Law and Historical Review of Land and Customary Laws Asep Hermawan; A.Zeranica PF; Raziq Fakhrullah
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

The 1945 Constitution of the Republic of Indonesiarecognizes and guarantees the rights of indigenous peoplesand the continuation of their traditional life. Thisrecognition is reflected in Article 18B paragraph (2) of the1945 Constitution of the Republic of Indonesia, which hasimplications for safeguarding the rights of indigenouspeoples, including the agrarian rights they manage. Afterthe issuance of the Job Creation Law, its implementation haslimited and weakened the rights of indigenous peoples inmanaging their customary territories. This research wascompiled using a normative juridical method with alegislative approach and an analytical approach. The mainlegal materials studied are Law Number 6 of 2023 and LawNumber 5 of 1960. The results of the study indicate that theimpact of the implementation of the Job Creation Law on thecontinuity of indigenous peoples' rights is very large. Thislaw weakens customary rights regulated by the UUPA andother laws. One of the intended weakening efforts is theelimination of minimum forest area provisions and efforts tosimplify permits that do not require the participation ofindigenous peoples.
Living Law In The Antaran Wedding Tradition: A Study Of Customary Marriage Practices In Tanah Kampung, Sungai Penuh City, Jambi Province Pidayan Sasnifa; M. Kamal Fathoni; Ana Ramadhona; Mutia Dwi Arita Deli; Ahmad Sholihin Muttaqin
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.v25i1.7885

Abstract

This article examines the dynamics of customary marriage practices within the framework of legal pluralism, highlighting the antaran tradition as practiced by a local community in Jambi. This tradition demonstrates a marked divergence from prevailing practices in Jambi society, as antaran is conducted after the wedding reception and applies only to couples originating from the same village, while grooms from outside the community are not subject to this obligation. The study employs perspectives of customary law and the concept of living law to understand how these local norms are formed, maintained, and institutionalized as social standards within the community. The analysis also situates the antaran custom within the framework of Islamic law through the concept of 'urf, to assess whether this practice meets the criteria of a tradition that can be recognized by Islamic jurisprudence. Furthermore, the research compares this phenomenon with cross-cultural and cross-community marriage practices found in other societies to identify broader patterns in the formation of social boundaries. The findings indicate that the antaran tradition functions not merely as part of the wedding ritual but also as an instrument of social cohesion, a means of preserving local identity, and a mechanism of social control that strengthens communal bonds. This study contributes to a deeper understanding of the relationships among customary law, Islamic law, and national law in contemporary Indonesian society.
Synergy of Law and Economics in Cultural Heritage Conservation : Optimizing the Stone of Civilization Site Aitumeiri for Development Papua Tourism: Synergy of Law and Economics in Cultural Heritage Conservation : Optimizing the Stone of Civilization Site Aitumeiri for Development Papua Tourism Enny Martha Sasea; Filep Wamafma
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

economics in preservation reserve culture , with focus on optimizing the Stone of Civilization Site Aitumeiri in the Regency Bay Wondama , Papua, as asset strategic development tourist culture . Cultural heritage No only own mark history and identity cultural , but also keeps potential economy through development tourism and industry creative based culture local . The research method used is approach normative-empirical , with examine regulation legislation related preservation reserve culture and autonomy specifically Papua, as well as analysis field to potential the economy of the site . The results of the study show that framework law national and regional has give sufficient ground​ for preservation , however its implementation Still face challenge in the form of limitations source Power human resources , funding , and lack of involvement private and public customs in site governance . Therefore that , a management model is needed based heritage economy that combines regulations law with business strategy sustainable through collaboration government , private sector and community customs . With approach This is the Stone of Civilization Site Aitumeiri can optimized as destination tourist culture the undisputed favorite only preserve inheritance Papuan culture , but also provides impact economy significant for public local
Isbat Nikah as a Legal Alternative for Underage Marriages in Indonesia: A Maqāṣid al-Sharīʿah Analysis of Judicial Practice at the Ujung Tanjung Religious Court Putra Irwansyah; Jumni Nelli; Bambang Hermanto
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.v25i1.7908

Abstract

This study examines isbat nikah (marriage legalization) as a legal alternative for unregistered underage marriages in Indonesia, focusing on the Ujung Tanjung Religious Court in Rokan Hilir Regency, Riau Province. The persistent rise in isbat nikah petitions—47,344 in 2020, 46,942 in 2021, and 58,017 in 2022—reflects the structural gap between Indonesia's formal prohibition of child marriage under Law Number 16 of 2019 and the social reality of widespread, unregistered underage unions. This study applies a qualitative, empirical-juridical field research design, combining court observations, interviews with judges and registrars, and documentary analysis. Three objectives are addressed: (1) the meaning and function of isbat nikah as a legal alternative for underage marriages; (2) the regulatory framework governing isbat nikah in Indonesia; and (3) Islamic law perspectives on minimum marriage ages across Muslim-majority countries. Findings show that judges at the Ujung Tanjung Religious Court apply a substantive-over-formal approach, prioritising the fulfilment of Islamic marriage pillars over formal age compliance. Grounded in maslahah mursalah under Article 7 of the Compilation of Islamic Law, isbat nikah provides indispensable legal recognition for couples and the children of unregistered unions. Comparative analysis reveals wide variation in minimum marriage ages across Muslim countries, shaped by fiqh school traditions, colonial legal histories, and reform trajectories. Analysis through maqasid al-shariah identifies a fundamental tension: while isbat nikah protects preservation of lineage, religion, and property, child marriage violates the objectives of preserving life, intellect, and physical wellbeing. The study concludes that isbat nikah must be retained as a remedial legal instrument while stronger preventive policies are urgently needed to curtail the normalisation of child marriage.
People's Sovereignty in The Electronic-Based Government System (SPBE) and One Data Indonesia: A Critical Constitutional Study of Algorithmic Government Mokh. Thoif; Tutik Asmorowati; Muhammad Zaki Tamami
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.v25i1.7913

Abstract

In the context of Indonesia’s digital transformation, state governance is increasingly mediated by algorithmic systems embedded in the Sistem Pemerintahan Berbasis Elektronik (SPBE) and Satu Data Indonesia (SDI) policies. While these systems aim to enhance administrative efficiency, transparency, and data interoperability, they raise critical concerns regarding constitutional legitimacy and the erosion of popular sovereignty (kedaulatan rakyat) as codified in Article 1(2) of the 1945 Constitution. This study investigates how algorithmic infrastructures displace constitutional actors, reconfigure legal subjectivity, and create normative gaps in democratic accountability. Employing a qualitative methodology that integrates doctrinal legal analysis and interpretive fieldwork, the research draws on key legal texts, international frameworks, and expert interviews with stakeholders from government, academia, and civil society. Thematic coding of interview transcripts revealed six dominant patterns: displacement of constitutional actors, opacity and accountability, automated legitimacy, jurisdictional blind spot, participatory deficit, and posthuman subjectivity. Findings demonstrate that SPBE and SDI are not neutral policy tools but constitutional events that reallocate evaluative authority and legal recognition to automated systems, often without oversight, redress, or public participation. This study introduces the concept of algorithmic constitutionalism, a normative model that positions digital infrastructures as actors in constitutional discourse. It calls for doctrinal innovation to ensure transparency, participatory safeguards, and judicial scrutiny in algorithmic governance. These insights contribute to both Indonesian constitutional theory and the global conversation on digital sovereignty.
Digital Communication Strategy and Implementation of Experiential Marketing at the Surabaya City Museum Farida Farida; Zulaikha Zulaikha; Ahmadi Ahmadi; Nurul Suhesti; Veronika Nugraheni Sri Lestari technology; Yuzril Fadhil Muhammad technology
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.v25i1.7914

Abstract

Digital transformation encourages museums to build more relevant interactions with audiences through digital media-based communication strategies. This study aims to describe digital communication strategies and identify experiential marketing practices implemented by museums in the city of Surabaya. Using a descriptive qualitative approach, data were collected through in-depth interviews with museum managers, observation of Instagram content (@musea.surabaya) and the official website (musea.surabaya.go.id), as well as documentation studies. The results of the study indicate that museum digital communication is primarily focused on enhancing public education, engagement, image enhancement, and promoting city tourism. Storytelling has been used through character narratives and collection visualizations, but it has not been structured creatively and emotionally. Experiential marketing practices are present in the dimensions of sense, feel, think, act, and relate, but they have not been managed in an integrated manner. These findings emphasize the need for creative guidelines, strengthening digital human resource competencies, and data-based evaluation to improve the quality of the museum's digital experience.

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