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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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Socio-Juridical Analysis of Advocates Obstructing The Investigation Process of Criminal Acts of Corruption Wahid, Abdul
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.v22i1.2955

Abstract

Advocates are one of the pillars of upholding the rule of law and human rights that provides legal services. They can act as a companion, give legal opinions or become a legal representative for and on behalf of his client. Advocates take refuge behind the right of immunity that they cannot be prosecuted civilly and criminally. They are guaranteed by law that there are advocates who obstruct or impede the investigation of criminal acts of corruption. Advocate immunity rights apply as long as carrying out their duties and profession in good faith but may not conflict with laws. Advocates who obstruct the investigation of criminal acts of corruption are contrary to ethics and contradict Article 21 and Article 22 of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes.
The Urgency of Witness and Victim Protection Institutions Against Organized Crime Eradication Through the Role of Whistleblowers Salundik, Salundik
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.v22i3.2956

Abstract

The Witness and Victim Protection Agency is an independent institution established under the law. This institution's role is vital in uncovering organized criminal acts. This writing uses a research method, namely the normative legal method. The discussion in this study will contain, among others, the regulation of LPSK in Indonesia and the protection of LPSK in eradicating organized crime. In protecting witnesses and victims as stipulated in Law No. 13 of 2006, the Witness and Victim Protection Agency still found many weaknesses that hindered the performance of the LPSK. The protection strategy of the LPSK is the existence of forms of protection carried out by the LPSK to witnesses and victims as contained in the law. The protection of witnesses and victims in the criminal justice process in Indonesia has not received a particular role, so the existence of witnesses and victims is indispensable in receiving attention
MASLAHAT ASPECTS AS A BASIS FOR JUDGES CONSIDERATIONS IN THE IMPLEMENTATION OF FORCED MONEY (DWANGSOM) IN RELIGIOUS COURTS Lubis, Andi Hakim
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.v22i2.2967

Abstract

One of the important issues in the judge's decision and its relation to legal discovery due to a legal vacuum, especially in the Religious Courts, is regarding the application of forced money penalties (dwangsom). Previously, there were 3 sources of civil law applicable in Indonesia, namely HIR (for natives for Java and Madura), RBg. (for natives outside Java and Madura), Reglement op de Rechtsvordering or better known by the abbreviation Rv (group of Europeans and Foreign East residing in Indonesia). The provisions regarding the dwangsom itself are regulated in the Civil Procedure Regulations (the existence of the dwangsom institution itself is regulated in Chapter V Part 3 Rv. namely in Articles 606a and 606b. However, the enactment of UU Emergency t 1 of 1951 Article 5 paragraph (1) expressly states the application of HIR and RBg and confirmed through the Supreme Court Circular Letter (SEMA) Number 19/1964 and SEMA Number 3/1965 which confirms the application of HIR and RBg. As for Article 393 paragraph (1) HIR in conjunction with Article 721 RBg, it strictly prohibits all forms of procedural law other than those stipulated in the HIR and RBg, including Rv.. However, in fact dwangsom applications are still frequently encountered in cases proceeding at the Religious Courts. The type of research used is normative research. The type of research conducted in legal development activities according to legal science practice or legal dogmatics.The results of this study indicate that the application of forced money (dwangsom) in the Religious Courts is carried out in an effort a Eliminate difficulties or difficulties with the implementation of the judge's decision so that it is obeyed by the defendant/respondent. In line with the concept of maslahah mursalah, the application of dwangsom regulated in Rv. even though it is no longer valid, the facts are still relevant and in fact needed and bring benefits in judicial practice to facilitate the implementation of judges' decisions in the Religious Courts. This was reinforced by jurisprudence, doctrine and the results of the 2012 Supreme Court National Work Meeting.Keywords: Consideration, Maslahat, Dwangsom, Religious Court
The Recruitment Issues of Prospective Regional Head Candidates by Political Parties junaidi, junaidi junaidi
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.v22i2.2970

Abstract

The mandate of Article 29 paragraph (2) of Law No.2/2008 requires that the recruitment of candidates for regional head/deputy regional head by political parties must be carried out in a democratic and open manner. However, the arrangement and implementation are left to each political party. This study analyzes the problem of recruitment of regional head candidates by political parties in a democratic and open manner which then provide ideas as alternative solutions. This research is normative legal research with a statute approach. The theory of democracy is used as a qualitative analysis guide and is presented descriptively. The results of this study conclude that the recruitment of prospective regional head/deputy regional head candidates, whose arrangements and implementation are left to political parties, tends to be carried out in an undemocratic and not open manner. Political parties tend to do so exclusively at the party elite level. Even though at the regional level a selection of prospective candidates was carried out by several political parties, the final decision was determined by the leadership at the central level. In addition, the pattern of recruitment is also very vulnerable to money politics. This is because political parties have full authority in recruiting prospective regional head candidates, so that they are not covered by The General Election Supervisory Agency (Bawaslu) and General Election Commissions (KPU) supervision. In the future, improvements need to be made so that arrangements regarding the recruitment of prospective regional head/deputy regional head candidates are strictly regulated in the Regional Head Election Law (Pilkada Law), not in the statutes of each political party.
The Enforcement of Marriage Law (No 16 of 2019) Through The Ambassadors of Child Marriage Prevention in Tembarak District, Temanggung Regency Ulfa, Hidayatun; Kurniandini, Sholeh; Ihsan, Azim Miftachul; Nashihin, Husna
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.v22i1.2972

Abstract

The enforcement efforts of Law Number 16 of 2019 on marriage performed in Temanggung are designed to minimize the divorce rate in Temanggung through the empowerment of Sakinah family ambassadors through pre-marriage education to actualize family resilience. The practical benefit of this study is that it can give insight to the ambassadors about the age limit of marriage and the consequences of early marriage. The ambassadors are meant to use the insight to take action against early marriage so that the number of cases of early marriage in the Tembarak district continuously decreases or even reaches zero. This study employs a descriptive qualitative research approach to explain the enforcement efforts of Law Number 16 of 2019 on marriage in Temanggung. The implementation of Marriage Law Number 16 of 2019 is carried out through a number of Focus Group Discussions (FGD): youth guidance, and ambassadors coaching to prevent early marriage; mentoring; monitoring and evaluation; and outcome exposure. This research intends to lower the number of early marriages among Tembarak District school-age students (Junior and High school students: SMP/MTs and SMS/MA/SMK). The implementation of Law Number 16 of 2019 on marriage is carried out through intense socialization in school assemblies in Temanggung
The Analysis of Decision of The Constitutional Court Number 97/Puu-Xiv/2016 Concerning Population Administration on The Rights and Position of Believers Latua, Abidin
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.v22i1.2973

Abstract

The research is to take a closer and explicit look at the position of believers in the Constitutional Court's decision through synchronizing the existence or existence of believers in Yogyakarta. In order to ensure whether or not these concerns are true, and to what extent are the rights and positions guaranteed in the decision of the Constitutional Court, and what is the position of believers in the Constitutional Court Decision Number 97/PUUXIV/2016 concerning Population administration in terms of perspective (Maqāṣid ash-Syarī‘ah). The type of legal research used in the preparation of this research is field research, which is conducting direct observations with in-depth interviews with sources that have been determined based on the researcher's knowledge using the purposive sampling method. The approach used in this research is normative juridical (Statute Approach) and empirical or sociological juridical. The normative juridical approach is carried out by referring to the legal norms contained in the legislation, decisions and legal norms that exist in society. The results of the research show that the considerations of the judges of the Constitutional Court related to the Philosophical, Textual, and Sociological Legal Interpreters in deciding the case Number 97/PUU-XIV/2016 concerning the review of the Population Administration Law, have fulfilled the basic rights of believers and provide justice to adherents of the sect. trust, then when viewed with the study of Human Rights the Constitutional Court's 
Legal Aspects of Audit 10% Participating interest Management on Mahakam Block Working Area Sipayung, Baren -; Manullang, Sardjana Orba; Siburian, Henry Kristian; Kamar, Karnawi -; Prihantini, Febrina Nafasati
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.v23i1.2982

Abstract

The efforts of the local government of East Kalimantan Province and Kutai Kartanegara Regency to increase local revenue by proactively taking part in receiving a 10% Participating Interest (PI) offer in the Mahakam Block working area have been successful based on Permen ESDM No. 37 of 2016. The ministerial regulation stipulates that the legal subject for managing the 10% PI has several alternative forms of business entity, namely the old BUMD, new BUMD, or Regional Public Company (Perseroda). Based on these administrative procedures, the legal subject deemed to fulfill the requirements as a legal subject for the 10% PI Manager at the Mahakam WK is PT MMPKM which was formed as a Perseroda business entity. However, this has implications for the emergence of new norms regarding the definition and composition of Perseroda share ownership, as well as the legal subject requirements for managing a 10% PI between the Permen ESDM No. 37 of 2016 and the Regional Government Law, PP BUMD, and PP No. 35 of 2004. Furthermore, because of the scope of state finances, the negative implication is that local governments do not get the maximum regional income from dividends from BUMD holding company PT MMPKM.
Conversion Option on the Implementation of Balanced Occupation Concept Within the Framework of Government Regulation in Lieu of Law of the Republic of Indonesia Number 02 of 2022 Concerning Job Creation Djaja, Benny; Kurniawan, Kevin Hoo
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.v22i2.2984

Abstract

By issuing it and displaying regulations related to the concept of balanced housing, the criteria for implementing balanced development have also changed. The publication of the Perppu Ciptaker and its derivative regulations, namely PP No. 12 of 2021 relating to implementation and residential areas, provides another alternative for developers who cannot construct simple houses or flats with conversions in the form of funds for the construction of public houses. The research method to be used is the normative juridical qualitative method. A new alternative for developers is regulated through Perppu Ciptaker, namely, payment of conversion funds for the construction of public houses. Housing with balanced housing is built utilizing conversion funds as an alternative to the requirement to build subsidized simple housing. These funds can be managed or come in the form of grants from development actors. A fee is assessed to the Agency for the Acceleration of Housing Implementation (AHIC) for the conversion (BP3). To speed up the delivery of inexpensive public housing for working class individuals, the federal government established BP3. Land is provided, simple houses and public flats are built, infrastructure, services, and public utilities are developed, and housing is managed and invested using the money BP3 receives
The Lex Favor Reo Principle After New Criminal Code: A Corrective Justice’s Perspective Flora, Henny Saida; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai
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.v22i2.2997

Abstract

The purpose of this study is to analyze the existence and implications of the lex favor reo principle after the ratification of the new Criminal Code in relation to aspects of corrective justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study show that the existence of the lex favor reo principle after the ratification of the new Criminal Code, namely as formulated in Article 3 juncto Article 618 of the new Criminal Code, the existence and applicability of the lex favor reo principle can be immediately enforced. The implication of the lex favor reo principle in optimizing aspects of corrective justice after the ratification of the new Criminal Code is that the implementation of the lex favor reo principle has implications for the existence of criminal sanctions experienced by defendants in the old Criminal Code. Suggestions in this study are that for law enforcement officials, special attention is needed when trying a crime, especially by first paying attention to the lex favor reo principle to see which sanctions are more profitable for the accused.
Fulfilling the Right to Have a Family and Continuing Offspring: Different Religious Marriage’s Case Surjanti, Surjanti; Yudhianto, Haris; Agustina, M. Sri Astuti; Dewi, Retno Sari
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.v22i3.3001

Abstract

The focus of this research is on the existence of marriage as a prerequisite for the right to have a family and continuing offspring based on an analysis of the ratio decidendi of the Constitutional Court (MK) Decision No. 24/PUU-XX/2022 (MK Decision of Different Religions 2022). This research is normative legal research prioritizing a case, concept, and statutory approach. The results of the study confirm that the existence of marriage in the ratio decidendi of the MK Decision of Different Religions 2022 places marriage in two aspects, namely: the aspect of mandatory prerequisites and the aspect of the role of state regulation. As a mandatory prerequisite, marriage is an essential aspect of realizing the right to have a family and continue offspring.The dimension of marriage as a prerequisite for the realization of the right to have a family and continue offspring in the ratio decidendi of the MK Decision of Different Religions 2022 emphasizes two aspect. First, marriage is a prerequisite and not a right, which means that marriage cannot be carried out freely and at will. Second, marriage has a close relationship with religious law, which means that in carrying out marriage as a prerequisite for the realization of the right to have a family and continue offspring, it is necessary to base the laws of each religion and the beliefs held by the community.

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