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All Journal JURNAL HUKUM LAW REFORM Bestuur Indonesian Journal of Islam and Muslim Societies Al-Tahrir: Jurnal Pemikiran Islam Jurnal Dinamika Hukum Al-Ahkam Jurnal Media Hukum WARTA Jurnal Penelitian Humaniora Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ahwal: Jurnal Hukum Keluarga Islam Diponegoro Law Review Jurnal IUS (Kajian Hukum dan Keadilan) Jurisprudence MILLATI: Journal of Islamic Studies and Humanities Jurnal Ilmiah Hukum LEGALITY Otoritas : Jurnal Ilmu Pemerintahan Jurnal Penelitian Pendidikan IPA (JPPIPA) DE LEGA LATA: Jurnal Ilmu Hukum al-Afkar, Journal For Islamic Studies Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Varia Justicia SOEPRA Jurnal Hukum Kesehatan Mimbar Ilmu Sociological Jurisprudence Journal Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Awang Long Law Review Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Hukum Volkgeist TSAQAFAH Yustisia Merdeka : Jurnal Ilmiah Hukum Indonesian Journal of Criminal Law Pena Justisia: Media Komunikasi dan Kajian Hukum UNTAG Law Review Cepalo IJECA (International Journal of Education and Curriculum Application) Walisongo Law Review (Walrev) Madani : Indonesian Journal of Civil Society LEGAL BRIEF Indian Journal of Forensic Medicine & Toxicology Journal of Indonesian Law (JIL) Journal of Transcendental Law JHCLS Jurnal Abdimas Bina Bangsa International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Altifani Penelitian dan Pengabdian kepada Masyarakat Aloha International Journal of Multidisciplinary Advancement (AIJMU) Bengkoelen Justice : Jurnal Ilmu Hukum Jurnal Pengabdian Masyarakat Bestari (JPMB) Jurnal Dedikasi Hukum Legal Protection for the Partnership Agreement Parties Supremasi Hukum: Jurnal Kajian Ilmu Hukum IRSYADUNA: Jurnal Kemahasiswaan Lex Publica Journal of Global Pharma Technology MILRev: Metro Islamic Law Review SASI Journal of Transcendental Law Permata : Jurnal Pendidikan Agama Islam Fundamental : Jurnal Ilmiah Hukum Mouse Jurnal Jurisprudence Contrarius Law Studies and Justice Journal
Absori Absori
Universitas Muhammadiyah Surakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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The Legal Protection Policy for Partnerships in Socially Just, Digital-Based Land Transportation Businesses Agatha Jumiati; Harun Harun; Absori Absori; Kelik Wardiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3506

Abstract

The development of legal relations between drivers and online land transportation service application providers is becoming increasingly massive, especially when technological developments and digitalization make it easier to utilize digital-based land transportation services. This research aims to analyze and determine legal prescriptions or solutions to the problem of legal gaps in special regulations that discuss and serve as guidelines in implementing partnership legal relations between online transportation drivers and online land transportation service application providers in terms of the aspect of social justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the social justice aspect of the partnership legal relationship between drivers and online land transportation service application providers has not actually been fulfilled, which is due to the absence of special regulations regarding partnership relationships that can guarantee legal certainty and protection for online transportation service drivers. Legal protection policies for partnership legal relationships between drivers and online land transportation service application providers can be implemented by establishing regulations regarding special partnership relationships between drivers and online land transportation service application providers to fill the existing legal gaps.
THE CONCEPT OF THE POSITION OF REVELATION AS AN ONTOLOGY OF PROPHETIC BASED LEGAL SCIENCE Romi Saputra; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4024

Abstract

This article aims to answer the position of revelation as a prophetic-based ontology of legal science. If the West issues revelations in science and more specifically in the formation of positive law, and glorifies human reason more, then this article explains that these revelations are part of positive law without ignoring human potential, and placing human potential proportionally. By using philosophical methods and approaches, this article shows that revelation in the study of prophetic law occupies a very high position, revelation functions to provide direction and guidance for reason in understanding reality and the formation of positive law. Law is interpreted by the will of Allah SWT which is based on the Koran and the Sunnah of the Prophet Muhammad. Revelation functions as a guide containing norms, values and rules, while reason is tasked with finding laws based on revelation's direction. For this reason, revelation, reason and the senses never come into conflict between the two, instead they become one unit, mutually reinforcing and reinforcing each other. The combination of revelation with reason and human life is then known as the Islamic moderation paradigm which synergizes things that are permanent with things that are flexible, combines the understanding of the Salaf with contemporary reforms (tajdid), is not jumud and liberal, and understand Islam comprehensively. Conflict between revelation and reason will only occur if one of them is fixed and the other is flexible, then of course the fixed one is superior to the flexible one, or both are equally flexible, so even if one is determined by interpreting the view of reason.
Marginalized Wisdom: Empowering Customary Law in Family Conflict Resolution M Taufan Badollahi; Sapruddin Saprudin; Sitti Nurkhaerah; Arief Budiono; Absori Absori; Muhammad Amin Hanafi
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.v24i2.6378

Abstract

This study aims to construct the form of customary law empowerment as a means of overcoming family conflict. The research design used is empirical legal research with a qualitative-naturalistic approach. The research was conducted in Palu City, especially in Birobuli Utara Village. The data for this study came from field observations and interviews with traditional leaders. The results of the study indicate that customary law empowerment as a means of overcoming family conflict is constructed in the form of implementing alternative dispute resolution, a method of resolving disputes outside the court with mediation and negotiation techniques. Customary law empowerment as a means of overcoming family conflict should continue to be strengthened from various aspects so that it can be more optimal in carrying out its function as an alternative dispute resolution institution, considering that this institution has been proven to be able to resolve family disputes simply, quickly, and at low cost (speedy administration of justice), while maintaining community harmony. Otherwise, this very valuable social capital will only become wisdom that is increasingly being marginalized.
POLITICS OF BUSINESS LICENSING IN INDONESIA: Involvement of Community Consent in Building Approval Nurhayati, Nunik; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik
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.v23i3.3912

Abstract

This article aims to discuss the urgency of community consent and involvement in development in the era of the Job Creation Law in Indonesia. Whereas, The Job Creation Law is designed to reduce the complexity and time needed to obtain permits with the aim of ease of doing business. The impact of this policy is to eliminate community consent in building approvals as one of the basic requirements for business licensing. This research uses normative legal research methods with a statutory approach. The data analysis technique uses descriptive analysis by describing general things to specific ones by describing current business licensing policies in Indonesia to provide general ease of doing business. The results of the discussion showed that community involvement in the building approval process is an important aspect that needs to be considered in the context of the Job Creation Law in Indonesia. Community involvement can be in the form of a public consultation process, where the building owners must obtain approval or at least discuss development plans with the surrounding community to ensure that the project does not harm the interests and lives of the local communities. Looking at the process of forming and amending the Job Creation Law, where there are many community rejections and low levels of participation, it can be seen that the legal politics of the Job Creation Law belongs to an authoritarian political configuration whose legal product character is conservative. This includes the substance of the regulation, which eliminates the requirement for community consent in managing Building Approval.Keywords:Law, Job Creation, Business License, Politics
Social Rehabilitation as Legal Policy Protection for Women Victims of Terrorist Cyber Indoctrination Budiono, Arief; Absori, Absori; Mohammad, Genta Arya; Sugeng, Esmara; Yuspin, Wardah; Zuhdi, Syaifuddin; Rizka, Rizka
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.v23i1.4206

Abstract

Introduction: It is noted that 513 women with Indonesian citizenship traveled to Iraq and Syria after being impacted by cyber indoctrination. Among these women, there are those with a manus minustra (victim) status. Some are trapped in Iraq and Syria overseas as they were brought there by their families when they were still young or were babies. Methods: This research employed the classical dogmatic juridical method with a literary approach. This research was conducted to find the best solution for women as victims of terrorists’ indoctrination who have not committed terror acts or women who migrated to Iraq and Syria when they were still young or were babies. Results and Discussion: Social rehabilitation is only given to indoctrination victims who have not committed terror, as well as women who were trapped in Iraq and Syria because they were brought over by their families when they were still young/babies, thus requiring identification. Social rehabilitation is crucial to prevent equal punishments between victims and offenders. Some countries apply social rehabilitation with various methods and requirements, such as Uzbekistan, Germany, and the United States. Conclusion: Rehabilitation is possible as the providing institutions are experienced in giving social rehabilitation to children of terrorism perpetrators. Social rehabilitation in these three countries was successful with various degrees of success. It is deemed as more successful than punishments as the former prevents victims from obtaining further indoctrination in jails
Potential Criminalization of Beating a Nusyuz Wife in Islamic Law: an Examination of Law No. 23 of 2004 Concerning The Elimination of Domestic Violence Junaidi, M; Absori, Absori; Rizka, Rizka; Hakim, Rusydi; Budiono, Arief
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.v23i2.4215

Abstract

In the case of so much the role of the husband towards his wife, the Shari'a gives legitimacy to husbands to beat nusyuz wives. However, the permissibility of hitting a wife to educate is not explained clearly in the Qur'an, how to beat her or when it is permissible, so that this beating has the potential to be punished according to Law No. 23 Years of Articles 5 and 6 concerning the elimination of Domestic Violence (KDRT). The gap that occurs between the prohibition of domestic violence as regulated in the law and the permissibility of hitting one's wife in Islamic law becomes an ongoing polemic if there is no bright spot for an in-depth discussion that has the potential to criminalize Islamic law. This research uses a normative doctrinal approach. The main data source is secondary data in the form of documents. This research is descriptive in nature which explains in detail the data collection and the current situation. The data collection technique is done by means of literature. The data analysis method of this paper is normatively qualitative, initially identifying through various forms of documents. Next, examine the data obtained from the field and literature by studying the rule of law to generate data and conclusions from the materials obtained by the researcher. From this research, it was found that the hitting procedure that has been put forward by the opinion of the Syafi'i, Hanafi, and Hanbali schools is categorized as a misdemeanor in Article 44 paragraph (4) of the 2004 PKDRT Law, because this procedure of hitting basically causes pain, inflicted by the husband on his wife, and this physical violence does not cause illness or hinder the victim's ability to work, carry out his position, or carry out daily activities. Meanwhile, Imam Malik's opinion requires that the procedure for hitting him should not be painful or cause pain, so that he does not qualify as a crime of physical violence in the PKDRT Law.
Analysis of the Sanction Imposition for Perpetrators of Environmental Pollution Due to Hazardous Waste in West Cikarang District: A Study of Decision No. 391/pid.b/lh/2019/PNckr Absori, Absori; Pamungkas, Yuli Prasetyo Tri; Sugeng, Esmara; Rizka, Rizka; Budiono, Arief; Bangsawan, Moh Indra
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.v23i3.4846

Abstract

This paper aims to analyze the imposition of sanctions for perpetrators of environmental pollution due to hazardous and toxic waste in West Cikarang District, Bekasi Regency, Indonesia. It was based on the enactment of the Republic of Indonesia's Law No. 32 of 2009 on Environmental Protection and Management. The research problems are: 1) How does the government apply criminal sanctions for the perpetrators of environmental pollution due to hazardous and toxic waste in West Cikarang District?; 2) What factors hinder the application of criminal sanctions related to hazardous and toxic waste in West Cikarang District and what efforts have been carried out to resolve such challenges?; and 3) What is the concept of criminal sanction application for perpetrators of environmental pollution? This paper employed the normative juridical research method, which involves an evaluation of related legal regulations (legislations). The results of this paper showed that: 1) The application of sanctions for perpetrators of environmental pollution due to hazardous and toxic waste in West Cikarang District must be carefully carried out. As a foundation for determining a verdict, judges must use Law No. 32 of 2009 on Environmental Protection and Management as a legal basis; 2) Some challenges or hindrances include the lack of legal certainty related to limitations in categorizing the types of committed actions and the yielded impacts; and 3) The process of criminal sanction imposition involves a series of actions that are planned to make sure that the perpetrators are responsible for their actions.
Prophetic Paradigm as an Alternative Critique Toward Hart’s Concept of Morality and Law Hamdani, Fitrah; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik; Dianto, Dianto
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.v23i3.4945

Abstract

"Prophetic Paradigm" generally refers to a framework or approach that emphasizes the role of prophecy or prophetic figures in shaping religious, spiritual, or social understanding. This paradigm is often discussed in religious contexts, particularly within Christianity, Islam, and Judaism, where prophets are seen as key messengers of divine will, providing guidance, correction, and insight to communities. This article critiques the ethical principles of the epistemological basis of the relationship between law and morality in Herbert Leonel Adolphus Hart's (H.L.A. Hart) rational paradigm, which is founded on the prophetic paradigm via the lens of the Medina Charter. It employs a philosophical approach to investigate the fundamental assumptions of the epistemological foundation of legal science by connecting legal science to prophetic science. This study's data are collected from literature. This analysis shows that Hart's proposed separation of law and morality is inappropriate. Some rules are both legal and moral. Thus, the criticism of morality in the Medina Charter demonstrates that the distinction between law and morality established by Hart cannot be generally implemented and must be evaluated by taking into account social context and moral ideals considered significant by the society.
Waste Policy Management in the Bengawan Solo River Basin in the Surakarta Area, Indonesia Absori, Absori; Budiono, Arief; Rizka, Rizka; Hernanda, Trias; Bangsawan, Moh Indra; Achmadi, Achmadi
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.v24i2.6842

Abstract

Introduction: The waste management in the Bengawan Solo River basin in Indonesia leaves a feeling of profound sadness as the river is filled with waste and is very dirty. It decreases the quality of the river water and the environment around the river basin. This research aims to analyze the implementation of waste management around the Bengawan Solo River basin. This was a type of sociological legal research, i.e., research which utilized data from the field. This was descriptive qualitative research, meaning that it describes the policy on waste management in the Bengawan Solo River basin and the authors selected qualitative data to be analyzed. The authors conducted the sociological approach which was obtained from respondents through interviews and observation in the field. The data were processed and analyzed qualitatively. Then, the authors drew a conclusion. Results and Discussion: There is a very high volume of pollution and waste in the Bengawan Solo River as society lacks environmental awareness, making them not think twice about littering in rivers. Apart from that, the government does not carry out enough systematic efforts by educating society, implementing legal sanctions, or cleaning the river, worsening the condition of this river. Conclusion: The government needs to show a firm attitude in law enforcement by imposing sanctions on pollution and littering perpetrators in the Bengawan Solo River as well as increasing the budget and apparatus to carry out river cleaning activities.
Principle of Ecological Restorative Justice in Corporate Environmental Crimes Policies Absori, Absori; Arief Budiono; Maya Khater; Chetan Mukundan; Restu Mufanti
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.271

Abstract

Environmental crimes pose a significant threat to ecological integrity and public welfare. However, law enforcement utilising retributive justice often fails to address the root causes of environmental damage caused by corporations. Therefore, alternative law enforcement efforts are necessary for more effective outcomes. This research aims to determine the effectiveness of current law enforcement against corporate environmental crimes in Indonesia, examine environmental crime enforcement in other countries, and identify an integrative environmental law enforcement policy model that incorporates the restorative justice approach in handling corporate environmental crimes. This study employs a normative legal research method with three approaches: statutory, conceptual, and comparative. This study finds that, first, law enforcement against corporate environmental crimes in Indonesia remains ineffective due to the difficulties in proving corporate liability, weak coordination and capacity among law enforcement agencies, and low levels of corporate compliance and transparency. Second, compared to Indonesia, Australia, specifically Victoria, has established a more comprehensive restorative justice framework through the Environment Protection Act 2017, whereas New South Wales still relies on judicial practice without an explicit restorative legal basis. Third, Indonesia needs to adopt an ecological restorative justice model that places environmental restoration, community participation, independent oversight, and stringent sanctions at the core of corporate criminal liability to truly realise ecological justice. Therefore, it is necessary to formulate law enforcement policies that incorporate ecological restorative justice principles, prioritising environmental restoration. Corporations should face sanctions and be required to restore damage in a tangible, measurable way, with independent oversight.
Co-Authors Ach. Nurul Luthfi Achmadi Achmadi Afiful Ikhwan Agatha Jumiati Agiyanto, Ucuk Aida Dewi Aidul Fitriciada Azhari Ajid Abdul Syawal Akhmad Muslih Alirahman, Agus Dian Amha Sang Aji Aminuddin Mustaffa Andria Luhur Prakoso Andria Luhur Prakoso Andriadin, Andriadin Anis Khairiyah Apreliyanti, Virra Ervita Arief Budiono Arief Budiono Arum Prastyanti, Rina Bambang Sukoco Basu Bal, Abhinayan Budiman, Eren Arif Chatarina Umbul Wahyuni Chetan Mukundan Dewi Kusuma Diarti Dewi Kusuma Diarti Dewi, Aida Diana Fitriana Dianto Dianto Dianto, Dianto Diatmoko, Tri Dinil Abrar Sulthani Disemadi, Hari Sutra Elviandari Elviandari Elviandri, Elviandri Elya Kusuma Dewi Emovwodo, Silaas Oghenemaro Endah Pujiastuti Esmara Sugeng Etyn Ariyani Susilowati Fadhilah, Astutik Fahmi Fairuzzaman Farkhani Farkhani Farkhani Farkhani Fatkhul Muin Fauziyah Putri Meilinda Fitrah Hamdani Fitriana, Diana Fitriani Nur Damayanti Fitriani Nur Damayanti Gamal Abdul Nasir Genta Arya Mohammad Gulyamov, Said Saidakhrarovich Hakim, Rusydi Hamdani, Fitrah Hanafi, Akhmad Hanafi, Muhammad Amin Hangabei, Sinung Mufti Hanif Nurcholish Adiantika Haq, Hilman Syahrial Harun Harun Harun Harun Harun Hery Dwi Utomo Ibrahim, Alisa Iksan Iksan Irawansah, Didik Istani Izziyana, Wafda Vivid Jamal Hi Arsad Johan Cahya Kusuma Sakti Kachippa Suvirat Kelik Wardiono Khudzaifah Dimyati Khuzaefah Dimyati Lyandova, Vanka M Junaidi M Junaidi, M M. Mu’inudinillah Basri M. Taufan B. Marisa Kurnianingsih Marita Fatimah Maya Khater Moh Ikbal Moh Ikbal Moh. Indra Bangsawan Mohammad, Genta Arya Mubarok, Asnawi Muh Zuhri Muh. Nashirudin Muhamad Latif Muhammad Husnur Rofiq Muhammad Nurcholis Alhadi Muhammad, Fadil Mukhlishin Mukhlishin Munir, Usman Mustofa Fahmi Nanik Rumiati Nasri Nasri Nasri Nasri, Nasri Natangsa Subakti Natangsa Surbakti Ngestiningrum, Ayesha Hendriana Noor Rahmad Nugroho, Sigit Sapto Nurani, Siti Syahida Nurjannah S Nurkhaeriyah Nurkhaeriyah Pambudi, Satriyo Rahman Nur Pamungkas, Yuli Prasetyo Tri Peggy Dian Septi Nur Angraini Purwadi Wahyu Anggoro Rahmad, Noor Rahmatullah Ayu Hasmiati Rajput, Trisha Ramadhan, Jelang Ramon, Tomás Mateo Restu Mufanti Ridwan Rika Maya Rizka Rizka Rizka Rizka Rochman, Saepul Rohayu H, Rina Rohayu, Rina Romi Saputra Rusydi Hakim Said Saidakhrarovich Gulyamov Sakti, Johan Cahya Kusuma Sapruddin Saprudin Saputri, Heni Sarip Sarip Satriyo Rahman Nur Pambudi Setiyawan, Wahyudi Sheela Jayabalan Sigit Sapto Nugroho Silaas Oghenemaro Emovwodo Siti Hasanah Siti Soekiswati Siti Syahida Nurani Sitti Nurkhaerah Sri Rejeki Sri Suwartini, Sri Subakti, Natangsa Sudiyo Widodo, Sudiyo Sultan Alwan Syafirah, Filzah Ilda Syaifuddin Zuhdi Syawal, Ajid Abdul Syifa Rana Tsary Taadi Taadi Trias Hernanda Trias Hernanda Trisno Raharjo Trisno Raharjo Tsary, Syifa Rana Ucuk Agiyanto Valisher Sapayev Wafdah Vivid Iziyana Wahyudi Setiyawan Waljinah, Sri Wardah Yuspin Wibowo, Sugeng Widayati Widayati Widayati, Widayati Widihartati S Widihartati Setiasih Yogi Prasetyo Yogi Prasetyo Yogi Prasetyo Yulianingrum, Aullia Vivi Zamawi, Bahrudin