cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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
 88   89   90   91   92 
Efforts to Improve the Quality of Handling Sharia Economic Disputes by Indonesian Religious Courts Saut Maruli Tua Manik; Raihana; Rahmi Yuniarti; Mulia Akbar Santoso; Wilianli Melati Jaya Putri; Dhea Rahman Putri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5509

Abstract

The development of religious courts to address Sharia economic cases in Indonesia is considered a historic moment by many parties. However, efforts to improve the quality of resolving Sharia economic issues in religious courts have become increasingly important. This aims to enhance the trust of legal seekers, especially in Sharia economic disputes, towards dispute resolution through the alternative path faced through religious courts. The research was conducted using normative research methods and the analysis used was qualitative. The results show that religious courts in Indonesia have absolute jurisdiction in handling Sharia economic cases. Although the number of cases is increasing, the expansion of this authority challenges all elements of religious courts, including employees and judges. Despite the efforts of guidance carried out by the Supreme Court (Mahkamah Agung) in this case implemented by the Directorate General of Religious Courts, there are still several obstacles, such as the lack of harmony in laws related to Sharia economic matters. Then there are other factors influencing the quality of problem handling, namely the dualism of judicial institutions, namely Religious Courts as well as General Courts. The dualism of dispute resolution after the issuance of the Constitutional Court Decision Number 93/PUU-X/2012 remains a barrier, so the public has not fully been able to trust religious courts in the context of handling Sharia economic problems. Submission to the Consumer Dispute Settlement Board (BPSK) and agreements in contracts to use General Courts as a forum for resolving Sharia economic disputes reflect distrust in religious courts. Therefore, concrete steps are needed to overcome these barriers and increase public trust in religious courts to resolve Sharia economic problems.
TRANSMIGRASI DI OJS 3 LINK : https://jurnal2.untagsmg.ac.id/index.php/nlr Setiyowati; Johan Erwin Isharyanto; Husnia Hilmi Wahyuni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5511

Abstract

The study examines the implementation of Law Number 41 of 2004 concerning Waqf in resolving disputes over the sale of waqf land in Kendayakan Village, Warureja District, Tegal Regency which causes legal and social conflicts because they conflict with the provisions of Article 40 of Law Number 41 of 2004 concerning Waqf, that waqf property that has been waqf is prohibited from being used as collateral, confiscated, donated, sold, inherited, exchanged or transferred in the form of other rights transfers. The approach method used is empirical juridical with interviews and literature studies. The results of the study indicate that one of the factors causing disputes over the sale of waqf land occurs because of the absence of Nazhir in managing the waqf land, so that the management of the waqf land is carried out by the administrators of the Mosque who are not actually Nazhir because there is no replacement Nadzir. The settlement of the waqf land sale dispute was carried out through deliberation by inviting related parties and attended by government institutions as mediators, but the management of the Mosque that had sold the waqf land until now has not implemented the joint decision that has been agreed to restore the function of the waqf land that has been bought and sold and asked to provide replacement land to residents who have bought the land, so that the litigation path is the solution being considered.
Islamic Philanthropy in the Digital Era: Intercultural Communication Strategies for Effective ZISWAF Campaigns Donny Setawan; Murodi; Arief Subhan; Nurliana; Trisia Megawati; Abdul Khakim
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5514

Abstract

The main issue in the Zakat, Infaq, Shadaqah, and Wakaf (ZISWAF) campaign in the digital era is how to effectively manage communication in a multicultural context. The objective of this research is to identify communication strategies that can inclusively reach multicultural communities. The core statement of this research is that effective intercultural communication is crucial for increasing participation in the ZISWAF campaign. The theory used is John Fiske's semiotic theory, which explains how messages are encoded and decoded by different audiences. The analysis shows that the use of cultural symbols and technology-based approaches can enhance the effectiveness of the ZISWAF campaign. The conclusion of this research is that culturally sensitive communication strategies, supported by digital technology, can increase community engagement in ZISWAF management and strengthen the impact of Islamic philanthropy.
Position of Customary Courts in Pancasila and the 1945 Constitution Doris Rahmat; Rian Saputra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5517

Abstract

The purpose of this study is to examine the role of customary justice in Pancasila and the 1945 Constitution. The normative legal technique was employed in the research, which included numerous primary and secondary data sources such as the 1945 Constitution, regulations, legislation, court decisions, legal theories, and even scholarly opinions. The study's findings imply that Pancasila is necessary or coercive in nature. This means that anyone who is within the scope of the Unitary State of the Republic of Indonesia must respect Pancasila as a national outlook, including the State and the law itself. This means that the points of "Just and Civilized Humanity" and "social justice for all Indonesian people" which adhere to the principle of equal rights and justice must always be obeyed by all elements in the Republic of Indonesia. Pancasila is also a juridical-sociological basis, or in other words, it is the basis of norms and laws that live in society, and thus Pancasila has fulfilled the principles and basic values ​​according to the development and needs of society and the State.
Community-Based Correction Implementation Analysis (Global Survey) hamja; Bintang Azhar Al Ghifari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5518

Abstract

Community-based corrections has become an alternative approach in the criminal justice system to address the challenges arising from the conventional incarceration approach. This approach not only aims to rehabilitate offenders through social integration, but also reduces recidivism rates and prison overcrowding. However, its implementation faces various obstacles, including complex legal issues, such as differences in regulatory interpretation, policy gaps between countries, and limited legal resources. This study aims to analyze the implementation of community-based corrections from a legal perspective using a global survey. The research methodology includes data collection from various countries to identify legal challenges, best practices, and innovations in the community-based corrections system. The results show that the success of the implementation of this approach is greatly influenced by the existing legal framework, policy support, and community engagement. This abstract provides insight into the importance of a holistic approach involving updating the legal framework, improving coordination between institutions, and strengthening community capacity to support the sustainability of community-based corrections. This global survey also recommends more inclusive and adaptive policies to address differences in legal contexts across jurisdictions.
PENGARUH PENDAPAT IKHTIYĀRĀT IMAM AL-NAWAWῙ TERHADAP PENGEMBANGAN FIKIH SYĀFIʻIYYAH Helmi Imran; Muntasir Abdul Kadir; Karimuddin Abdullah Lawang
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5522

Abstract

This study aims to analyze the influence of Imam al-Nawawī's ikhtiyārāt (personal scholarly preferences) on the development of Shāfiʻī jurisprudence, particularly in altering the landscape of Shāfiʻī school thought, enriching the scholarly tradition, affirming the school’s opinions, and serving as a basis for legal fatwas. The research employed a qualitative method with a library research approach, involving an analysis of the book Rauḍat al-Ṭālibīn and other Shāfiʻī literature sources. Data were collected through document review and analyzed descriptively and analytically. The results indicate that al-Nawawī's ikhtiyārāt have reshaped the thought patterns of the Shāfiʻī school, establishing themselves as a primary reference in resolving disputed issues (khilafiyah). Furthermore, al-Nawawī’s innovations have enriched the intellectual heritage of the school and strengthened the affirmation of its opinions. These ikhtiyārāt have also become a crucial foundation in the issuance of legal fatwas. The implications of this research underscore al-Nawawī’s role as one of the leading scholars of the Shāfiʻī school, whose innovative thoughts and perspectives have significantly contributed to the development of Islamic jurisprudence.
Communication Model of the Technical Implementation Unit for the Protection of Women and Children in Accompanying and Protecting Child Victims of Sexual Violence in Riau Province Andi Kardian Rivai; Syukur Kholil; Ahmad Tamrin Sikumbang
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5524

Abstract

This article aims to explore the implementation of the Communication Model by the Technical Implementation Unit for the Protection of Women and Children (UPT PPA) in assisting and protecting child victims of sexual violence in Riau Province. Given the increasing cases of sexual violence against children in Indonesia, this study highlights the importance of a comprehensive approach that integrates religious and cultural values to protect victims and support their recovery. Child sexual violence is an iceberg phenomenon in Indonesia, with many cases going unreported due to stigma and fear of social rejection. This study uses a qualitative approach to collect and analyze data on how UPT PPA Riau Province implements communication. The results show that the use of the Communication Model can increase the effectiveness of assistance, provide strong emotional support, and promote holistic recovery of victims. However, this study also identified several barriers, such as limited resources, lack of community understanding of Islamic values, and challenges in law enforcement. This article proposes strategies to overcome these barriers, including improving community education, strengthening institutional capacity, and using effective and empathetic communication in accordance with Islamic principles. This study contributes to the existing literature by showing how Islamic ethical and spiritual principles can be integrated into child protection practices to address and handle sexual violence.
Medan City Government Organizational Communication Transformation: Strategies to Improve the Quality of Public Services and Community Empowerment Budi Ansary Lubis
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5525

Abstract

This study reveals the fundamental problems in the organizational communication of the Medan City Government which has implications for the low quality of public services and community empowerment, reflected in the public satisfaction index of only 73.42% and community participation which is still at 58.7%. This study aims to analyze communication transformation as an improvement strategy. Using descriptive qualitative methods through observation, interviews, and literature reviews, this study found that ineffective communication leads to convoluted bureaucracy, service delays, and lack of transparency, thereby lowering public trust. To overcome this, the government implements communication transformation through the integration of information technology, such as integrated digital services to accelerate administrative processes, a participatory approach that involves the community in policy planning, and policy transparency through social media and public information portals. In addition, regular training for government officials in the use of modern communication technology and increasing digital literacy among the community is an important factor in the success of this transformation. The results show improved service efficiency, reduced complaints, and increased public participation. The recommendations of this study emphasize the importance of continuous two-way dialogue, inclusive communication policies, and the government's commitment to building transparent and responsive communication to realize more effective public services and sustainable community empowerment.
KOEKSISTENSI DAN PERLINDUNGAN MASYARAKAT ADAT O'HONGANA MANYAWA DI WILAYAH PERTAMBANGAN NIKEL Siti Barora Sinay; Husen Alting; Sultan Alwan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5532

Abstract

Nickel mining in Halmahera, especially in Central Halmahera and East Halmahera Regencies, makes a major contribution to the national economy through the downstreaming of strategic minerals. However, these activities have serious impacts on the forest ecosystem and the lives of the O'Hongana Manyawa indigenous people, which relies heavily on their living space for cultural sustainability and livelihoods. This research aims to analyze the co-existence between mining activities and the protection of indigenous communities, with a focus on the legal framework, evaluation of protection practices. The research uses empirical legal methods through in-depth interviews, field observations, and secondary document studies. The research results show that the overlap of mining concession areas with the living spaces of indigenous communities causes environmental damage, social marginalization and loss of cultural identity. Existing regulations, such as AMDAL, do not fully protect the rights of indigenous peoples because their implementation is weak. Therefore, a more balanced approach is needed, such as recognition of traditional territories, application of the principles of Free, Prior and Informed Consent (FPIC), as well as empowerment programs based on local culture. In conclusion, protection of indigenous communities must be a priority to ensure social, cultural and ecological sustainability amidst industrial development.
LEGAL IMPACT ON THE IMPLICATIONS OF THE SUPREME COURT CIRCULAR LETTER NUMBER 3 OF 2023 ON FOREIGN LANGUAGE AGREEMENTS Alzena Bernadine; Abdul Salam
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5533

Abstract

The obligation to use the Indonesian language in agreements involving Indonesian privateinstitutions and Indonesian citizens, as stipulated in Article 31 of Law No. 24 of 2009on the Flag, Language, and State Emblem, and the National Anthem, in conjunction withPresidential Regulation No. 63 of 2019 on the Use of the Indonesian Language, has sparkedvarious implementation issues. Several court cases have declared contracts made in a foreignlanguage without an Indonesian translation null and void, while others have been upheld.In response to these issues, the Supreme Court of the Republic of Indonesia issued SupremeCourt Circular No. 3 of 2003, which essentiallystates that contracts drafted in a foreignlanguage without an accompanyingIndonesian translation cannot be grounds forannulment unless it can be proven that theabsence of an Indonesian translation was dueto bad faith by one of the parties. This researchexamines the regulation and status of aSupreme Court Circular within the Indonesianlegal system and the legal implications arisingfrom the issuance of SEMA No. 3/2023 oncontracts involving foreign parties that aremade without an Indonesian translation. Thisstudy employs doctrinal research methods,using document studies with secondary data,and utilizes descriptive-analytical researchspecifications, analyzed through qualitative methods. The findings show that SEMA No.3/2023 is not a piece of legislation within thehierarchy of laws but is an internal policyregulation (beleidsregel) that applies onlywithin the internal scope of the judiciary,serving as a guideline for judges and justices incourt rulings. The presence of SEMA No.3/2023 creates legal uncertainty as it conflictswith Article 31 of Law No. 24/2009 and Article26 of Presidential Regulation No. 63/2019,rendering contracts involving Indonesianprivate institutions and Indonesian citizensmade without an Indonesian translation nulland void

Page 90 of 166 | Total Record : 1653

 88   89   90   91   92 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue