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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.
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Articles 1,613 Documents
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Problems and Development Strategies of Sharia Pawntown in Indonesia: Analysis of Systematic Literature Review Hulaify, Akhmad; Sodiki, Muhammad; Budi, Iman Setya; Yoenani, Zakiyah; Erziaty, Rozzana
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.v21i1.2744

Abstract

The development of sharia pawnshop institutions is like mushrooms in the rainy season, in tune with the development of conventional pawnshops even though the quantity of network offices, customers, turnover and profits is still not large. However, at least the development is worth considering, especially with the existence of management policies in several areas, all of the conventional pawnshop network offices have been converted into Sharia Pegadaian network offices. This research is a systematic literature review study which aims to find out the extent of a thorough study regarding the Problems and Strategies for Development of Islamic Pawnshops in Indonesia by focusing on the preparation of journals, final assignments such as theses, theses, and dissertations. The method used consists of three stages, namely collection, assessment, and presentation. The results of this study indicate that in the last 18 years 55 studies have been written related to sharia pawnshops but related to the study of Problems and Strategies for Development of Sharia Pawnshops in Indonesia after sorting according to the appropriate researcher only 15 studies, both journals and final assignments related to Problems and Strategies Development of Islamic Pawnshops in Indonesia. In terms of theme, the issue related to "Sharia Pawnshop Development Strategy" is the most popular with a total of 7 studies. Then followed by issues related to "Development of Islamic Pawnshops" of 4 related to "Development of Islamic Pawnshops in Indonesia" of 2 units. Then "Sharia Pawning Problems", there are also the remaining 2 related to "Sharia Pawning Obstacles.
Exploring The Prophetic Values Contained In The Advocate Profession Alhadi, Muhammad Nurcholis; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2749

Abstract

The advocate profession in the early Islamic treasury is not formally institutionalized so that it needs to explore prophetic values in the history of Islamic civilization and objectified into the advocate profession. This study aims to reveal the advocate profession from the perspective of prophetic science and trace prophetic values into the foundation of the advocate profession. This study uses a normative research model through library materials or literature literature as a written source. The results of the study show, first, Islam respects human rights in defending their interests in court. Islam guarantees justice in a trial, equality of rights, and guarantees the right to defend the rights both alone and through legal counsel in accordance with the wakalah system. Second, prophetic values as the foundation of the advocate profession are upholding justice, being a peacemaker, the concept of submitting affairs to the experts leave the matter to the expert / knowledgeable, the concept of mutual help, and advocate ethics. These values are not only human dimensions but also transcendental.
Religious Moderation in Indonesia: A Study on Implementation Patterns of the Indonesian Ulema Council (MUI) Pagar, Pagar; Akhyar, Syaiful; Tunip, Ibnu Radwan Siddik
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.v22i3.2756

Abstract

As a symbol of ulema which is the main tent of Muslims in Indonesia, the Indonesian Ulema Council (MUI) is certainly expected to be able to implement the concept of religious moderation. This paper aims to examine the implementation of MUI religious moderation in Indonesia. Then, this study also aims to discuss how the pattern of implementation of MUI religious moderation towards Muslims, deviant religious beliefs, non-Muslims, and the government. This is qualitative research with a participatory action research (PAR) approach. Informants involved as subjects and objects in this study were structural scholars, academic scholars, and community scholars in the provinces of DKI Jakarta, North Sumatra, and Aceh. The results of the study indicate that the implementation of MUI religious moderation in Indonesia has been implemented well. MUI is responsive and accommodating to the needs of the community, especially Muslims, and plays a very important role in creating a safe and peaceful atmosphere in the community. However, some people consider that the application of MUI's religious moderation values to groups that are considered deviant (heretic) and non-Muslims has not run optimally. This can be seen with the issuance of the MUI fatwa on the expectation of the existence of pluralism, liberalism, and religious secularism. MUI is expected to further improve the pattern of its relationship with the two community groups. Meanwhile, towards the government, MUI positions itself as a critical partner of the government (syarikatul hukumah). MUI sometimes supports government programs, but it can also disagree with government programs as outlined through MUI fatwas that seem contrary to the interests of the government,such as fatwas against vasectomy and fatwas on the use of meningitis vaccines for pilgrims or umrah.
THE OVERLAPPING OF REGULATIONS ON MARINE RESOURCES LAW ENFORCEMENT AND CUSTOMARY LAW AS AN ALTERNATIVE TO CONFLICT SETTLEMENT IN THE KEI ISLANDS Ratuanak, Andreas M. D; Lestarini, Ratih
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.v22i1.2824

Abstract

This research is socio-legal research with an ethnographic approach regarding the resolution of maritime resource conflicts in the Kei Islands and the conditions of current state laws and regulations. This article discusses how the overlapping of laws and regulations occurs in law enforcement on marine resource management and how customary law is an alternative for resolving conflicts over marine resources in the Kei Islands. This study found that so many laws and regulations besides helping to create legal order can also have an impact in the form of overlapping authorities between state agencies. On the other hand, the resolution of maritime resource conflicts in practice does not always depend on the positive law of the state alone. Another fact is often found that the community and even the state apparatus also accommodate customary law in resolving conflicts that occur. However, this form of settlement developed into a hybrid form.Keywords: the overlapping regulations, Kei customary law, hybrid legal systems.
The Role of Capital Market Notary in Corporate Backdoor Listing Actions in Indonesia Syahdinda, Nabilla; Nefi, Arman
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2865

Abstract

The Rapid of economic development certainly affects the business world seen from the efforts of a company to expand its business, where business expansion certainly requires large funding. One of the ways to obtain funding is through activities in the capital market. A Limited Liability Company will trade securities but previously the company must have been listed on the Stock Exchange. The mechanism of going public by way of an Initial Public Offering (IPO) has conditions that are difficult to fulfill for some companies, so some companies take an alternative by doing Backdoor Listings, in order to be listed and get benefits like a public company. The author uses a normative juridical approach by examining literature or secondary data related to tertiary legal principles and norms and materials, which will be analyzed descriptively. The author sees that, there is no specific regulation related to backdoor listing corporate actions in the implementation of capital market activities in Indonesia and likewise with the absence of regulations that can be used as guidelines by notaries in the capital market sector in supporting backdoor listing corporate actions.`Keywords: Backdoor Listing, Notary, IPO, Go Public, the Financial Services Authority
Restorative Justice in the Juvenile Justice System against Juvenile Delinquency Subarsyah, Subarsyah; Achmad, Willya
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.v22i1.2887

Abstract

The concept of restorative justice is predicated on the idea that the process of conflict resolution should take place through means other than the imposition of criminal sanctions and should involve both the individuals who committed the offense and the others who were affected by it. An essential component of restorative justice is the promotion of peace and forgiveness, as well as the enhancement of relationships between victims and perpetrators and the elimination of the damaging social stigma associated with repeat offenders. In Indonesia, criminal offenses are punished in accordance with the decisions reached by the courts. If it is done to children or teenagers, it can result in negative stigma and prejudice, both of which can have an effect on the development of the child in the future. As a result, it is imperative that children be safeguarded by investigating alternative legal strategies for dealing with legal situations involving children, such as the possibility of using restorative justice. This study's objective is to investigate the application of restorative justice principles within Indonesia's juvenile justice system. The research approach that is being used is legal research, and the research method that is being used is normative juridical law research. Studies of published works and historical documents are examples of secondary sources of data. As stated in Law Number 11 of 2012 concerning the Juvenile Justice System, which places an emphasis on deliberation between perpetrators, victims, families, and related parties, the findings of the study lead one to the conclusion that restorative justice is an alternative to solving legal problems outside of the court. The objective is not vengeance but rather recovery.
Law Enforcement Of Environmental Criminal Actions Performed By Corporations In North Sumatra Andoko, Andoko; Arfa, Faisar Ananda; Rokan, Mustafa Kamal
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 2 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i2.2893

Abstract

The environmental condition in North Sumatra continues to decline which can endanger the surrounding community, the mangrove forest area has changed its function to become an oil palm plantation in Langkat Regency as if its existence is approved by the local government, the PT.Perkebunan Nusantara 2 (PTPN 2) plantation area in the Deli Serdang Regency area has changed its function to become a residential area elite and hotels, the existing forests around Karo district have been completely depleted due to illegal logging, the existence of floating cages and hotels around Lake Toba Toba Regency has also been polluted by hotel, factory and other waste disposal, on the other hand the floods that hit The city of Medan has also not been able to be overcome by the local government, seeing the damaged and polluted environmental conditions in North Sumatra, of course the main factor or main actor is none other than the company or also called the Corporation. The Law on the Protection and Management of the Environment has made guidelines as contained in Article 116 paragraph 1 concerning criminal sanctions committed by corporations, so those responsible are the business entity itself, the person giving the orders and the management. The formulation of the problem in this research is who should be responsible for environmental crimes by corporations and what is the authority of the local government? Method This research uses a normative approach, namely by analyzing related regulations. The results of this study indicate that determining who is responsible for environmental crimes by corporation the public prosecutor must be able to prove who the parties are involved, while the regional government has the authority to take legal action through article 90 UUPPLH which regulates the right to sue government agencies and local governments.
The Effectiveness of Islamic Economic Law in The Application of the Halal Value Chain (HVC) Ecosystem in the Halal Food and Beverage Industry in Indonesia Barri, Abdul; Hadiat, Hadiat; Al-Hakim, Sofian; Hakim, Atang Abdul
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.v23i1.2931

Abstract

Indonesia's potential in the halal industry at this time is very calculated, because Indonesia is the country with the largest Muslim population in the world. This role should not only be seen as a captive market, but also should encourage the growth of the halal industry in Indonesia that is able to compete globally.  But in reality, currently Indonesia's halal food and beverage industry has not been included in the top 10 countries with the best halal food and beverage performance in the world. Whereas on the other hand, Indonesia actually has a great opportunity to develop halal products in this sector. The purpose of this study is to determine the effectiveness of Islamic economic law in the application of the halal value chain (HVC) ecosystem in the halal food and beverage industry in Indonesia.  This research method uses a qualitative type of research with a descriptive analysis approach.  The implementation of this researchwas carried out at food and beverage companies in Indonesia. The subject of the study was the Head of General Affairs of  halal food and beverage managers and halal food and beverage  employees  in Indonesia. The subject was taken by purposive sampling. The researcher's goal  is to take the problems that exist in the Indonesian halal food and beverage industry by implementing the Halal Value Chain ecosystem.  Data collection techniques were carried out by observation, interviews, and questionnaires conducted to the Head of General Affairs of the food and beverage industry. The results of this study show that based on data from the Central Stastistic Agency (BPS) related to the Data on the Number of Halal Food and Beverage Exports in 2022 After the implementation of HVC shows that there is an increase in the export process and a reduction in the Import process, this means that the application of HVC in halal food and beverages in Indonesia is very influential so that it can increase the effectiveness of the halal product even though it has not fully run optimally.  The supporting factors for the success of HVC are government support, dedicated assets, information technology, human resource management, collaborative partnerships, halal certification and halal traceability
Problems with the Legal Status of Land Ownership Anak Dalam Tribe Indigenous People Sari, Reni Fatmala; Hermawan, Sapto; Maharani, Andina Elok Puri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.2941

Abstract

This study aims to examine and analyze the legal status of land ownership for the indigenous people of the Suku Anak Dalam in Batanghari Regency, as well as the legal status of land ownership for the indigenous people of the Suku Anak Dalam in Batanghari Regency. This research will be conducted by looking at the positive and negative aspects of land ownership. In this technique, the author's legal research is used as the main emphasis (legal research). The results of the study show that the existence of regulation P.6/KSDAE/SET/Kum.1/6/2018 has not accommodated the intent of Law Number 5 of 1990 concerning Conservation Article 32 and Law Number 41 of 1999, which state that national park areas are managed with a zoning system consisting of core zones, utilization zones, and other zones according to requirements. This regulation indicates that other zones within a national park, such as rehabilitation zones, special zones, and religious, cultural, and historical zones, are allowed to be managed in accordance with the mandate, while Perdirjen P.6/KSDAE This condition will certainly lead to multiple interpretations of access zoning management by related parties, including the village government and the local community.
JUDICAL ANALYSIS OF GOVERNMENT REGULATION IN LIEU OF LAW ON JOB CREATION BASED ON LEGAL THEORY PERSPECTIVE Ainuddin, Ainuddin
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.v22i3.2944

Abstract

The government regulations in lieu of laws are part of the legislative authority of the president in many countries implementing a presidential system of government. In order to provide a sense of security and legal justice for the people, new regulations are enacted to fill gaps in the law or to replace existing ones. The aim of this study was to find out and analyze the stipulation and issuance of governmentl regulation inl lieu ofl law numberl 2 ofl 2022 concerningl job creationl (known as perpu cipatker) which should have been declared conditionally unconstitutional by the constitutional court on November 25, 2021, through decree Number 91/PUU- XVIII/2020. This research uses normative research techniques with descriptive-analytic research specifications, including analysis of applicable law and legal theories related to research problems. The findings of this study indicate that in the issuance of the government regulation in lieu of law on job creation is still not yet clear and comprehensive what can regulate the formation of laws based on policies relating to the formation, renewal and development of laws. as well as the insufficient fulfillment of procedures for drafting laws and regulations in terms of philosophical, juridical and sociological aspects.

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