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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 1,613 Documents
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DIGNIFIED JUSTICE PRESPECTIVE ON THE DEVELOPMENT OF MILITARY LAW IN INDONESIA: WHAT AND HOW? Kriswanto, Kriswanto
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.v23i1.4782

Abstract

Military law in Indonesia plays a crucial role in maintaining the country's order and security, with the perspective of dignified justice being highly relevant to ensure the protection of human rights for soldiers and justice in military legal processes. This research aims to analyze the development of military law in Indonesia from the perspective of dignified justice, as well as to identify challenges and opportunities in integrating the principles of dignified justice into the Indonesian military legal system. This study employs normative legal research methods with a conceptual and legislative approach. Data sources include primary, secondary, and tertiary legal materials collected through literature studies, then qualitatively analyzed using deductive-inductive reasoning to understand the concept of dignified justice and its application in Indonesian military law. The research findings indicate that the development of military law in Indonesia, viewed from the perspective of dignified justice, shows a complex and dynamic evolution since the era of independence. Continuous efforts are being made to build a military legal system that aligns with the principles of democracy, human rights, and the rule of law, as reflected in regulatory changes such as Law No. 34/2004 and Law No. 25/2014. Although there are still challenges in implementation, particularly related to military court jurisdiction, gender equality, and balancing national defense interests with individual rights protection, these developments reflect the efforts to realize dignified justice in the military context. This process also opens significant opportunities, including comprehensive military law reform, strengthening military professionalism, and developing a more humanistic military doctrine, although it still requires continuous evaluation and refinement to achieve a balance between national security and respect for human dignity.
Politics and Law Testing Policy Regulations Based on Substantive Justice Budianto, Kun
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.v23i1.4784

Abstract

This study aims to analyze the legal-political aspects of policy regulation testing in achieving substantive justice. It focuses on the analysis of: (a) standards and parameters related to policy regulation testing based on discretionary powers, and (b) legal-political aspects concerning policy regulation testing based on substantive justice. This research adopts a legal doctrinal approach emphasizing conceptual and legislative frameworks. The findings assert three standards and parameters for policy regulation testing: firstly, fundamental standards and parameters referring to Administrative Law of Procedure (AUPB). In this aspect, AUPB needs to be linked to societal harms to serve as a benchmark for policy regulation. Secondly, standards and parameters for policy regulation testing should align with the concept of PMH in civil law, requiring that the tested policy regulation directly impacts societal losses. Thirdly, standards and parameters for policy regulation testing should consider authority, substance, and procedure aspects, ensuring regulations are made by competent authorities, with appropriate substance, and adhering to specific procedures. The legal-political dimension of policy regulation testing based on substantive justice necessitates the revision of the 2019 Supreme Court Regulation on PMH to provide specific regulations regarding policy regulation testing, including clarification on standards and parameters. The revision aims to enhance the effectiveness of policy regulation testing as part of the government's Tortious Acts testing, thereby facilitating procedural processes and efforts to promote substantive justice.
LEGAL PROTECTION FOR CREDITORS IN ENHANCING TRUST IN CREDIT AGREEMENTS WITH MORTGAGE RIGHTS AS COLLATERAL Kurniawan, Itok Dwi; Septiningsih, Ismawati
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.v23i2.4788

Abstract

Economic and business development in Indonesia heavily relies on the role of financial institutions, especially banking, in providing capital through credit facilities. However, credit distribution also carries the risk of default, necessitating an adequate legal protection system for creditors. This research aims to analyze the legal protection for creditors in credit agreements with mortgage rights as collateral under Indonesian positive law, identify issues hindering its implementation, and formulate solutions to strengthen legal protection to increase creditor confidence. The study employs a normative legal research method with conceptual and statutory approaches, focusing on an in-depth analysis of creditor protection in credit agreements with mortgage rights through examination of legal principles, legal systematics, and relevant legislation. Data collection is conducted through literature study, while data analysis uses a qualitative method with a deductive approach, involving stages of identification, interpretation, consistency analysis, and synthesis to identify legal gaps and formulate recommendations for improving legal protection for creditors. The research results reveal that legal protection for creditors in credit agreements with mortgage rights in Indonesia faces several obstacles, including ineffective execution processes, limited collateral objects, lack of certainty in collateral valuation, limited capacity of registration institutions, and low public legal awareness. To address these issues, proposed solutions include optimizing execution implementation, expanding collateral objects, creating clear valuation guidelines, enhancing the National Land Agency's capacity, providing legal education to the public, improving relevant regulations, increasing inter-agency coordination, and strengthening supervision and law enforcement. The implementation of these measures is expected to increase creditor confidence, improve the investment climate, and promote economic growth while maintaining a balance of interests among all parties.
The Implementation of Legal Istinbath Results at LBM MUDI Mesjid Raya Samalanga Abdullah, Abdullah; Pagar, Pagar; Ardiansyah, Ardiansyah
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.v23i2.4792

Abstract

This study explores the application of the LBM MUDI Mesjid Raya's legal istinbath results (jurisprudential reasoning) at Samalanga, focusing on their methods and approaches to legal decision-making. Employing phenomenological and sociological approaches, the research integrates qualitative field and library research to analyze legal phenomena within social and religious contexts. Key participants included the chairman and officials of Lajnah Bahtsul Masail (LBM), as well as scholars from Dayah Mudi Mesra Samalanga, Aceh. Data collection methods comprised in-depth interviews, direct observation, and document analysis. The data were analyzed by using a grounded theory approach, adhering to Miles and Huberman's stages of data reduction, data display, and conclusion drawing. The findings indicated that the approach of LBM MUDI Mesjid Raya is based on a systematic istinbath method and a qauli method that prioritizes classical texts. Their decision-making process incorporates multi-perspective problem analysis, consideration of the legal impact on social, political, and economic dimensions, and alignment with the principles of Ahlu al-Sunnah wa al-Jama'ah. The two stages of discussion, which include both members and leadership, make sure that there is full discussion and careful thought. They do this by combining traditional textual bases with modern situations to uphold the principle of maslahah (public interest). The ilhaq masail bi nadhairiha method generates solutions for issues beyond the scope of classical qauli methods. This illustrates LBM's adaptability in addressing contemporary issues while maintaining a commitment to classical Islamic principles, demonstrating a balance between tradition and modern relevance.
THE URGENCY OF LEGISLATION TO CHANGE THE CONSUMER AND BUSINESS PROTECTION LAW NUMBER 8 OF 1999 FROM THE PERSPECTIVE OF QUR'AN AND HADITH VALUES kurnianti, Lusia nia; Marhumah, Marhumah
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.v23i2.4793

Abstract

ABSTRACTThe role of business actors in the process of marketing goods and services is a very sensitive topic to discuss. Talking about international, national and local markets, this is a multi-complex problem. One of them is legal protection for consumers of goods and services. The issue of consumer protection was regulated in 1999, but following the development of the flow of free trade, of course this must continue to be progressive in order to carry out observations to make adjustments to consumer problems which in fact concern human benefit and safety, of course. The legal protection policy for consumers and business actors is a struggle that is still far from expectations, a struggle since 2008, has not yet produced results to date. The fact that no changes have been made to this law is proof and fact of the reluctance of the legislative bodies and the participation of the government executive who should be pushing to the maximum extent to make efforts to change these regulations as an urgent matter. The struggles of consumer observers and business actors, both from consumer observer institutions and academics, do not have enough power to voice the aspirations of the people as consumers. Various perspectives from the perspective of positive law have been studied so far, and the author on this occasion would like to re-touch the Islamic conscience of Muslims who will of course be moved to look again at the values of the Al-Quran and Hadith
Social Media, Fake News, Information Manipulation and Democracy and The Challenges of Finding Legal Truth in The Post-Truth Era Sihombing, Lasmin Alfies; Darmawan, Iwan; Prayuti, Yuyut
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.v23i2.4797

Abstract

The post-truth era creates uncertainty in the search for absolute truth, where objective facts are less influential in shaping public opinion than emotions and personal beliefs. This phenomenon has a negative impact on the democratic process, public perception of democratic institutions, and legal justice. The challenge of distinguishing facts from fabricated opinions affects law enforcement and the integrity of the democratic process. The research method used in this article is normative legal research that examines law as norms or rules that apply in society, focusing on document analysis and the use of legal sources. This research aims to find legal norms that are relevant in answering certain legal challenges or problems, as well as to produce arguments and theories as guidelines in resolving legal cases using secondary data (library research or document studies). In the post-truth era, law remains an important foundation in maintaining justice and order. Although challenges to political correctness can shake public confidence, the roots of law remain strong. The post-truth phenomenon is an irrational phenomenon, while legal truth (ontologically, epistemologically, and axiologically) is related to rational things, so it is quite difficult to debate and bring these two things together. Therefore, it is important to position the two different things in a position where we can find the most basic thing, both philosophically and legally.
Application of the Principle of Equality Before the Law in the Practice of Investigating Criminal Cases by General Criminal Investigation Investigators at the Memberamo Raya Resort Police Bakti, Yohanis Sudiman; Ell, Peter Paulus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4802

Abstract

Equality before the law is positioned by the UN as the first indicator or main characteristic of a democratic rule of law, in the sense that there must be no arbitrariness, so that someone can only be punished if they violate the law, have equal standing before the law, and are good for the people. ordinary and for officials. However, in practice, what was hoped for has not been fully realized. Moreover, this is related to the application of the principle of equality before the law. The problem in this research is that the process of examining criminal cases by investigators from the Memberamo Raya Police Criminal Investigation Unit certainly cannot be carried out according to plan. It should be, because of various factors and reasons behind it, both in terms of the law enforcement system as a whole, structurally, as well as morally or mentally. The type of research used is Normative Juridical research methods and Empirical Juridical research methods. The research results obtained are that the application of the principle of equality before the law has not been implemented properly by the Memberamo Raya Resort Police Criminal Investigation Investigators, in the practice of examining general criminal cases. In the practice of examining general criminal cases, there are three investigators from the Memberamo Raya Police Criminal Investigation Unit. The main factors that hinder the application of the principle of equality before the law are first, limited human resources for investigators, both in terms of quality and quantity; second, the minimal budget for investigative operational costs; and third, demands for resolution of criminal cases based on the customs of local customary law communities
LAND LAW ENFORCEMENT IN VILLAGES BASED ON MEDIATION: EFFORTS TO ACHIEVE SUBSTANTIVE JUSTICE IN THE COMMUNITY Darmanik, Pandapotan; Hulu, Fonaha; Damanik, Yuni Tresia Sastika
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.v23i1.4805

Abstract

Land law enforcement at the village level in Indonesia faces complex challenges, including the dualism of legal systems and limited public access to land information. The mediation approach in resolving land disputes in villages offers solutions that align with local values and are supported by various laws and regulations, but its implementation still faces challenges that require a comprehensive and contextual approach. The aim of this research is to analyze the implementation of mediation-based land law enforcement at the village level in an effort to achieve substantive justice for the community, as well as to identify factors that influence the effectiveness of mediation in resolving land disputes in villages. This research uses a normative legal research method with a statutory and conceptual approach, focusing on the study of legal norms, legal principles, and legal concepts related to mediation-based land law enforcement at the village level. Data collection techniques are carried out through literature study, while data analysis uses qualitative analysis methods with deductive reasoning, involving data organization, categorization, interpretation, and drawing conclusions. The research results show that the implementation of mediation-based land law enforcement at the village level to achieve substantive justice is a complex approach involving several main stages, from dispute identification to agreement monitoring. This approach combines formal legal principles with local wisdom, paying attention to key aspects such as respect for local values, equality, and transparency. Its effectiveness is influenced by various interrelated factors, including the legal framework, mediator capacity, participation of disputing parties, understanding of local context, resource support, inter-agency coordination, and political support. Despite facing challenges, proper implementation has the potential to effectively resolve land disputes and contribute to strengthening village governance and sustainable rural development.
THE WAKAF BENEFITS OF SHARIA SHARES AS PRODUCTIVE WAQF MODERNIZATION: COMPARATIVE STUDY OF INDONESIA AND MALAYSIA Choiriyah, Ana Laela Fatikhatul; Imaduddin, Muhammad; Setyawan, Fendi; Prakoso, Bhim
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.v23i2.4807

Abstract

Waqf, as an important form of financial worship, has significant economic potential and has evolved from traditional forms such as land and buildings to innovations like cash waqf, which is more flexible for developing productive enterprises. Although the potential for cash waqf in Indonesia is very high, reaching Rp180 trillion per year according to the Indonesian Waqf Board, its management is not yet optimal. The aim of this research is to analyze and compare the development of Sharia stock benefit waqf as a form of productive waqf modernization in Indonesia and Malaysia, and to identify its development potential to increase the effectiveness and benefits of waqf in the context of modern Islamic economics. This research uses normative legal research methods with statutory and conceptual approaches, focusing on analyzing regulations and legal concepts related to Sharia stock benefit waqf in Indonesia and Malaysia. Legal sources include primary, secondary, and tertiary materials, with data collection techniques through literature study and data analysis using a comparative qualitative approach. The research results show that stock waqf has been implemented in Indonesia and Malaysia in accordance with applicable regulations, with differences in the institutional structure of its management. In Indonesia, stock waqf is regulated by the Ministry of Religion, the Indonesian Waqf Board, and the National Sharia Council, while in Malaysia it is managed by the State Islamic Religious Council in each state. Indonesia focuses on Sharia stock waqf or its profits, while Malaysia raises funds through share offerings to finance specific programs. Nevertheless, the potential for stock-based waqf in both countries has not been optimally maximized. Factors influencing development in Indonesia include stock waqf literacy, nazir capacity, and inefficient digitalization, while in Malaysia it is constrained by regulatory inconsistencies between states, lack of a transparent and accountable regulatory framework, and limited regulations on mechanisms for collecting and distributing cash waqf including shares.
Pancasila as The Basis Of Constitutional Law: Shaping Legal Principles and Jurisprudence Harianti, Isnin; Amri, Ahmad Ihsan; Muthar, Achmad; Rato, Dominikus; Basarah, Ahmad
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.v23i2.4814

Abstract

This research aims to explore the role of Pancasila as the legal basis of the constitution and its influence in shaping legal principles and jurisprudence in Indonesia. Using the document analysis method, this research examines legal documents, including the constitution, laws, and court decisions, to understand how Pancasila values are integrated into national law. John Locke's theory of natural rights and social contract is applied as a theoretical framework to dissect and assess the role of Pancasila in the context of constitutional law. The research finds that Pancasila, with its universal principles, serves as a strong foundation for building a democratic and just legal system, which is in line with Locke's views on limited government and the protection of individual rights.

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