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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 1,653 Documents
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Reformulation of General Election Arrangement (Efforts to Avoid Loss of Life among General Election Officers) Mahmuzar Mahmuzar
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.v24i1.5395

Abstract

AbstractThe objectives of the current study are to: (1) understand and analyze whether the general election arrangement, stipulated in Law No. 7 of 2017 on General Election, contributed to the deaths of general election officers, particularly voting organizer group (Kelompok Penyelenggara Pemungutan Suara – KPPS) members, during the voting, tallying, and recapitulation stages; (2) to formulate solutions the government should take so that in the following election no general election officers, particularly voting organizer group (KPPS) members, loss their life during the voting, tallying, and recapitulation stages. The current study is normative legal research that requires data in the form of primary legal materials and secondary legal materials obtained through literature study. Once data were collected, they were classified and analyzed in a descriptive manner. Based on the research results, it can be concluded that: (1) the general election arrangement stipulated in Law No. 7 of 2017 on General Election did contribute to the deaths of general election officers, particularly KPPS members, during the voting, tallying, and recapitulation stages on account of excessive work load and lack of rest. As a result, some KPPS members experienced extreme fatigue to a degree in which those who had chronic diseases suffered relapses and ultimately passed away; (2) to avoid loss of general election officers life in future general election, a reformulation of the general election arrangement by lawmakers is necessary through the following process: first, reseparate the implementation of the legislative election and the presidential/vice-presidential election; second, maintain the current simultaneous election with some improvements; third, hold two separate concurrent elections, i.e., concurrent national election and concurrent local election. Out of the three options above, the most plausible alternatives are the second and third since the first option contradicts the ruling of the Constitutional Court. Keywords: avoid, loss of life, general election officers.
Juridical Analysis of the Voting Rights of the TNI and the National Police in General Elections in Indonesia Reviewed from the Perspective of Human Rights Andi Tenri Sapada; Farah Syah Rezah; Andi Sri Rezky Wulandari
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

This study aims to analyze the voting rights of members of the Indonesian National Army (TNI) and the Indonesian National Police (Polri) in general elections in Indonesia from the perspective of human rights (HAM). Constitutionally, the right to vote is part of human rights regulated in various national and international legal instruments. However, in Indonesia, members of the TNI and Polri are restricted from active and passive voting rights in elections on the grounds of maintaining institutional neutrality and professionalism. This study uses a normative juridical method with a legal approach and literature studies related to human rights theory and democratic principles. The results of the study show that there is a dilemma between the protection of human rights for members of the TNI and the National Police and the need to maintain political stability and neutrality in the Indonesian democratic system. This study recommends the importance of policy evaluations that provide a balance between respect for human rights and the institutional functions of the TNI and the National Police. This study is expected to contribute to the formulation of more inclusive policies without ignoring the basic principles of democracy and human rights. 
Child Marriage from the Perspective of Hadith in the Hermeneutic Study of Muhammad Syahrur Mawardi; Umi Sumbulah; Fakhruddin
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.v24i1.5459

Abstract

Early marriage has become a controversial topic in religious and social studies, particularly from the perspective of Islamic law. Hadith provides guidance on marriage, which is often interpreted in diverse ways. This article examines early marriage from the perspective of hadith using Muhammad Shahrur's hermeneutics to understand the relevance of traditional views in a modern context. The study aims to explore Shahrur's interpretative method, which emphasizes contextualizing meaning, and to identify potential implications for Islamic marriage law. The method used is a qualitative approach with content analysis of hadith texts, supported by relevant literature. The findings indicate that Shahrur's hermeneutical method offers a new perspective on understanding hadith related to early marriage, which can strengthen arguments for adjusting the marriage age to align with socio-cultural conditions.
The Development of Intellectual Property Law: A Comparison of Northern and Southern Countries Syarifah Arabiyah
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.v23i3.5605

Abstract

The development of intellectual property rights (IPR) law in the world has experienced significant dynamics along with technological advances and globalization. A comparison between Northern countries (developed countries) and Southern countries (developing countries) shows profound differences in the way IPR law is protected and implemented. Northern countries have more mature legal systems, strong infrastructure, and the ability to encourage innovation and effectively protect intellectual property rights. Digital technology, patents, copyrights, and trademarks in these countries are strictly protected, which drives the growth of a knowledge-based economy. On the other hand, Southern countries face major challenges related to IPR law enforcement, limited access to technology, and limited resources to protect and optimally utilize IPR. Although technology provides opportunities for developing countries to access global knowledge, gaps in protection and enforcement systems hinder their potential to innovate and compete in the international market. This article aims to analyze these differences and explore the challenges and opportunities that exist for Southern countries in facing increasingly complex and global IPR law developments
The Justice in International Law: A Study from the Perspective of Immanuel Kant Anita Yuliastini
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.v23i3.5617

Abstract

This article examines the concept of justice in international law through the perspective of Immanuel Kant, highlighting the application of universal moral principles and the categorical imperative in relations between states. Kant argued that justice should be understood as a principle that applies to all human beings without exception, requiring states to act in a manner that promotes individual freedom without harming the freedom of others. In the context of international law, this includes respect for human rights, the responsibility of states to other states, and the formation of a federation of states that work together to achieve global peace and justice. The article also discusses the relevance of Kant's thinking in the modern international legal system, where international institutions such as the United Nations, the International Court of Justice, and the International Criminal Court play a role in upholding the principles of justice and peace. Thus, Kant's theory makes an important contribution to the formation of an international law that is just, inclusive, and based on a universal morality that respects human freedom and rights
Perlindungan Hukum Bagi Usaha Waralaba di Indonesia Berdasarkan Hukum Perdata Yuris Tri Naili
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

Franchise businesses are a rapidly growing form of enterprise that significantly contribute to the national economy. However, in practice, various legal issues arise, such as unclear contractual clauses, intellectual property rights violations, and disputes between franchisors and franchisees. This study aims to analyze the legal protection of franchise businesses in Indonesia based on civil law. It employs a normative juridical approach, analyzing relevant regulations, including Government Regulation No. 42 of 2007, Minister of Trade Regulation No. 53/M-DAG/PER/8/2012, and the Indonesian Civil Code. The findings reveal that franchise agreements in Indonesia are clearly regulated under Government Regulation No. 42 of 2007, providing legal certainty for both franchisors and franchisees through written contracts. These contracts detail the rights, obligations, and responsibilities of each party, including critical aspects such as intellectual property rights (IPR), training, operational support, and the franchisee's obligation to operate the business according to established standards. Legal protection for franchise businesses is rooted in various regulations, including the Civil Code, which recognizes franchise agreements as reciprocal obligations. IPRs, such as trademark rights, patents, copyrights, and trade secrets, play a crucial role in protecting business elements that enhance competitiveness, including brands, technical innovations, and business concepts. Challenges in legal protection for franchise agreements in Indonesia involve several issues. One such issue is the failure to register franchise agreements, which can render them legally invalid. Additionally, unilateral termination by franchisors can harm franchisees. Trademark violations, such as unauthorized use, may also cause losses for both parties. Imbalances in bargaining positions between franchisors and franchisees often result in unfair contracts, potentially undermining the principle of freedom of contract in civil law
Representation and Legislative Functions of Women in the Regional People's Representative Council (DPRD) of Lamongan Regency Erna Sujarwati; Dhia Al Uyun; Alifiulahtin Utaminingsih
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.v24i1.5700

Abstract

The role of women legislators cannot be maximized if the quantity of women legislators is still low. In the DPRD of Lamongan Regency, out of 50 DPRD members, 11 are female legislators. Seeing the affirmative representation of women at 30%, the Lamongan district DPRD is still at 22%. Looking at the existing human resources of the 11 women legislators, have they carried out their legislative functions in accordance with their roles and functions? The purpose of this research is to find out the roles, constraints, and efforts to overcome obstacles to female legislators in carrying out legislative functions in the Lamongan Regency DPRD for the 2019-2024 period. The method used in this research is descriptive qualitative. In this study, it was found that from the three dimensions of roles expressed by Soerjono Soekanto, namely norms, individual concepts of society as an organization, and none of the behaviors are optimal. The conclusion of this study is that the role of women councilors in carrying out the legislative function in the DPRD of Lamongan Regency has not been maximized. Suggestions that can be put forward after conducting the research are that female council members are expected to be more active in maximizing their role at every meeting, female council members must make constraints a motivation for achievement and motivation for self-improvement to further develop, and female council members are given additional education programs about law and legislation in order to understand and maximize its role in carrying out legislative functions.
Strategies for Handling Corruption Crime without Punishment through Proactive Recovering Fauzan akbar; Ahmad Ibrahim Badry
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

This research discusses the strategy of handling corruption offences without punishment through proactive recovering. This research uses a qualitative approach with a literature review as well as from secondary data which shows that asset recovery has not been implemented effectively. Another factor is the lack of implementation of Indonesian regulations in an effort to prevent, prosecute, and minimise the amount of corruption in Indonesia. This research also discusses the legal analysis of efforts to return assets from corruption abroad and the role of the KPK in handling infrastructure corruption. The results show that the corruption environment faced by the KPK involves the legislative, executive, and private parties who have great power and authority. This research also discusses governance, political structure, and corruption in Indonesia as well as a review of public procurement corruption in Indonesia. The results show that corruption still occurs in areas that have obtained the best opinion and corruption eradication efforts in the first era of President Jokowi are better than the previous period. Therefore, it is important for BPK to think about more substantive good governance in the reporting mechanism so that it can effectively reduce corruption.
Implikasi Hukum Adat terhadap Pembagian Warisan Anak Perempuan Perspektif Hukum Keluarga Islam Liky Faizal; Efa Rodiah Nur; Abd. Qohar; Hilmi Yusron Rofi'i
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.v24i1.5745

Abstract

Indigenous peoples of Lampung have a tribal culture which is divided into two large customary groups, namely the Saibatin and Pepadun indigenous peoples, and most of the community members embrace Islam, in terms of marital affairs which will continue to be inherited in the family. Indigenous people in general still use the procedures contained in their customary law. This study aims to analyze the position of women in inheritance distribution in Lampung customary law in Way Kanan and Pesisir Barat districts from the perspective of Islamic Family Law in Indonesia. This research is field research, which describes and describes the situation and phenomena more clearly regarding the situation that occurred. This study intensively studied the position of women in inheritance distribution in Lampung customary law in Way Kanan and Pesisir Barat districts from the perspective of Islamic Family Law in Indonesia. Qualitative descriptive research method is research that only describes situations and events. This study does not seek or explain relationships, does not test hypotheses or make predictions, but only describes variable by variable. This study uses a purposive sample. The informants in this study were: Key Informants: 4 traditional leaders, Main Informants: 4 women who were heirs, Supporting informants: 4 indigenous people. Data sourced from primary data and secondary data, with data collection techniques interview, observation, and documentation. The data collection activities are carried out after the research is carried out or compiled. Data collection is one of the processes in research that can help solve the problems being studied, therefore the data collected must be sufficient. Data analysis by collecting data, data reduction, data presentation, and conclusions.
A Does Media Play an Important Roles in Regional Election? A Pers Law Perspective ZAINAL ARIFIN; Muhammad Ayman al-Akiti; Emi Puasa Handayani; Sholahuddin Al-Fatih
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.v24i1.5777

Abstract

This research aims to investigate the influence of press law regulations on political reporting in online media and to conduct a comparative study of press law regulations in countries that have experienced the development of online media in the political context. The research employs content analysis of political news in online media during the 2024 regional election campaign period to understand the extent of online media's influence in shaping public opinion and election outcomes. This research is expected to provide a clear vision of the role of online media in the political process and contribute new understanding to the legal regulations of the press needed to maintain the continuity of democracy.

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