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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 1,631 Documents
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The Harmony of Space and Culture Environmental Policy: Accommodate The Rights of Indigenous Communities in Central Kalimantan Case Rollys Suriani
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.v24i1.6085

Abstract

Environmental policies in Central Kalimantan often clash with the rights of indigenous communities, especially the Dayak, who have a resource management system based on local wisdom, while the expansion of plantation, mining, and infrastructure industries threatens their ecological sustainability and cultural existence. Therefore, more inclusive regulations are needed to protect the rights of indigenous communities and their ecosystems. The aim of this research is to analyze how environmental policies in Central Kalimantan accommodate the rights of indigenous communities in land and natural resource management and to understand the interaction between these policies and indigenous rights. This research uses a normative-empirical legal method with regulatory, conceptual, and sociological approaches to analyze regulations, the concept of indigenous rights, and the impact of environmental policies in Central Kalimantan, through literature study and interviews, which are then analyzed qualitatively. The research results show that environmental policies in Central Kalimantan still face challenges in accommodating the rights of indigenous communities, primarily due to slow regulatory implementation and frequent conflicts with industrial interests and infrastructure projects. Although there are environmental protection efforts such as plantation permit moratoriums and peatland ecosystem protection, their implementation often does not actively involve indigenous communities, resulting in ongoing land conflicts due to concessions granted without adequate consultation. The imbalance of interests in land management is also seen in the dominance of conservation policies and natural resource exploitation over the recognition of indigenous rights, exacerbated by weak legal recognition of customary land rights and the slow implementation of the Constitutional Court Decision No. 35/PUU-X/2012
NASIONALISME SOEKARNO DALAM PENGELOLAAN SUMBER DAYA ALAM YANG BERDIKARI DITINJAU DARI PERSPEKTIF HUKUM Mochammad Fikhran
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.v24i1.6087

Abstract

West This study aims to analyze the influence of thenatural resource nationalization policy implemented bySoekarno on the legal and social systems in Indonesia.This study uses a qualitative method with a descriptiveanalytical approach. Data were collected throughliterature studies from various legal documents,journal articles, and in-depth interviews with legalexperts and historians. The data analysis techniquesused are content analysis to examine legal texts andpolicies, and comparative analysis to compare theimplementation of nationalization policies in Indonesia. The results of the study indicate that the nationalization policy has a significant impact on the sustainability of law and social welfare, although in practice it faces major challenges in its implementation.This study is expected to provide insight into the relevance of the policy in the context of current legal and economic development in Indonesia.
Justice in Proportional Inheritance Distribution Based on Contemporary Perspective Dedi Pahroji; Puti Priyana; Margo Hadi Pura; Athari Farhani; Faiqah Nur Azizah
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.v24i1.6090

Abstract

This research focuses on the application of a sense of justice in the distribution of inheritance according to contemporary Fiqh Mawaris and compares it with Islamic inheritance law and analyzes the judge's considerations in related cases. This research uses normative juridical methods with a literature approach (statute approach), comparative analysis, concept analysis and case analysis. The results of this research conclude that the sense of justice that develops in society must be taken into account when determining the distribution of inheritance. The concept of dividing inheritance property 2:1 as regulated in the Compilation of Islamic Law and referring to the arguments of the Al-Qur'an is a proportional distribution, but in certain conditions it is also not an absolute basis without considering the current conditions of society. Where currently it is not uncommon for women to take on the role of men in certain conditions, so that in terms of inheritance the division between men and women with the 1:1 concept can be considered to fulfill a sense of justice and can be said to be a proportional distribution as well
Analysis of the Implementation of Public-Private Partnership (PPP) for the Lhok Guci Project from the Perspective of Environmental Law and Spatial Planning Kurdi Kurdi; Cut Zulfahnur Syafitri
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.v24i1.4671

Abstract

Indonesia, as a developing country, continually strives to improve the quality of life and prosperity of its people by enhancing various aspects ranging from health to economics. However, these efforts are hindered by inadequate infrastructure, which is crucial for the smooth distribution and implementation of government plans, thus impacting the overall standard of living and prosperity. Infrastructure needs in Indonesia can be categorized into economic and social infrastructure. Social infrastructure pertains to facilities designed to meet basic human needs, such as education and healthcare services, while economic infrastructure facilitates economic activities within a region, including roads and ports. Financing these infrastructural developments is a challenge, often necessitating innovative approaches like the KPBU scheme, where public-private partnerships play a significant role. The KPBU scheme has been instrumental in Indonesia's infrastructure development, as seen in projects like the Lhok Guci Irrigation System in Aceh Barat, Aceh Province. However, challenges arise, particularly concerning land acquisition and environmental compliance. The KPBU's success depends on adhering to environmental, social, and governance (ESG) principles, ensuring energy efficiency, gender equality, human rights protection, and legal compliance. Analyzing the Lhok Guci project within the ESG framework reveals its alignment with environmental goals and legal regulations. While land acquisition remains an issue, planned actions ensure compliance and minimal legal repercussions. Effective implementation strategies, such as thorough planning, environmental assessments, and legal approvals, are essential for successful KPBU projects.In conclusion, the KPBU model, when executed with environmental and legal considerations, can be successful in Indonesia, as demonstrated by the Lhok Guci project. Adhering to ESG principles and legal frameworks ensures responsible infrastructure development and mitigates potential challenges.
Various factors such as social conditions, revenge, greed, and psychological problems can encourage a person to commit a criminal act, including premeditated murder regulated in Article 340 of the Indonesian Criminal Code. This qualitative research with a Jetro - Manurung; Muhammad - Gagarin Akbar; Muhamad - Abas
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.v24i1.4932

Abstract

Various factors such as social conditions, revenge, greed, and psychological problems can encourage a person to commit a criminal act, including premeditated murder regulated in Article 340 of the Indonesian Criminal Code. This qualitative research with a normative fiqh approach examines the causative factors, their relation to the theory of moral development, and the handling of the perpetrators. The results show that the motivation for premeditated murder is still at the preconventional stage of moral development, including punishment orientation and self-interest. Comprehensive handling efforts include early prevention, legal assistance, strengthening the justice system, inter-agency cooperation, rehabilitation, supervision of ex-convicts, victim protection, psychological counseling, international cooperation, law enforcement, and increasing public awareness, with the aim of preventing, handling, and rehabilitating perpetrators and protecting the public.
Restorative Justice Paradigm Shift based on Perma No. 1 of 2024 to Realize Victim Recovery and Criminal Accountability Siva Rizkia Adimu; Deny - Guntara; Muhamad - Abas
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.v24i1.4933

Abstract

Restorative Justice is considered an appropriate formulation to take into account the circumstances of victims of criminal acts which in the criminal justice system are usually considered to be only oriented towards criminalizing the perpetrators of the crime. The problem in this article focuses on the restorative provisions in Perma No.1/2024 concerning guidelines for trying criminal cases according to restorative justice, and the shift in the paradigm of restorative justice in Indonesia. The method in the following research is to use normative legal research, by analyzing the provisions related to restorative justice. The results of the research and discussion explain that the idea of restorative justice in Perma No.1/2024 explains that restorative justice is carried out with the intention of restoring victims and does not aim to eliminate criminal responsibility carried out in the form of a judge's or court decision. The next research result is the shift in the paradigm of restorative justice in Indonesia, which was originally through Police Regulation No. 8/2021 concerning Handling of Criminal Acts Based on Restorative Justice and Prosecutor's Regulation Number 15 of 2021 concerning Termination of Prosecution Based on Restorative Justice, restorative justice is considered a mechanism for terminating cases, which according to the author can cause problems for both victims and for the interests of the law itself, so the implementation of restorative justice should be in accordance with Perma Number 1 of 2024 which has shifted its paradigm not only as a victim's recovery by not eliminating criminal liability through a decision, not terminating the case.
Normative Analysis of Freedom of Speech in Indonesia According to Positivism Theory Reviewed from the Perspective of Legal Philosophy Deny - Guntara
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.v24i1.5050

Abstract

This study analyzes the implementation of freedom of speech in Indonesia within the framework of legal positivism theory, especially Hans Kelsen's perspective. Freedom of speech, which is guaranteed by the 1945 Constitution, is often limited by laws such as the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP) which function to maintain public order and protect the rights of other individuals. This research method uses a normative legal approach with an analysis of laws and regulations, legal literature, and official documents. The results of the study show that the application of the positivism theory, which separates law from morality and emphasizes strict application of rules, often ignores the legal hierarchy that places the 1945 Constitution as the highest law. This results in law enforcement that tends to be rigid and less adaptive to dynamic social and political contexts, and can reduce the effectiveness of human rights protection, especially in the context of freedom of speech. This approach provides legal certainty but creates a mismatch between legal practice and constitutional principles and international standards.
CERTAINTY OF LEGAL PROTECTION FOR VICTIMS OF SEXUAL HARASSMENT AGAINST INDONESIAN MIGRANT WORKERS REVIEWED FROM ILO CONVENTION NO. 190 OF 2019 ON VIOLENCE AND HARASSMENT IN THE WORKPLACE Muhammad - Abas
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.v24i1.5051

Abstract

Indonesia is one of the countries that sends many migrant workers abroad, migrant workers who in Indonesia are also called TKI (Tenaga Kerja Indonesia). The problems experienced by Indonesian migrant workers abroad are a form of human rights violations that are a form of modern slavery. Slavery is often associated with human trafficking, because it leads to physical or sexual exploitation for the benefit of an individual or group. In the case of Kartika Puspitasari, an Indonesian migrant worker who was beaten and burned by her former employer in Hong Kong finally managed to get compensation of more than $ 110,000 or equivalent to Rp1.66 billion. The torture that befell the 40-year-old migrant worker made headlines a decade ago. The case sparked calls from related parties to provide better protection for migrant workers . Kartika’s employer was sentenced and imprisoned in 2013. By reviewing the role of the Indonesian government in the case experienced by Kartika Puspitasari, we can see that the government has an important responsibility to protect the rights of Indonesian migrant workers who are victims of sexual harassment in the workplace, in accordance with the provisions contained in ILO Convention No. 190/2019.
Public Management Importation Control Activities from The Perspective of Good Governance Alfi Haris Wanto; Yusuf Efendi
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.v24i1.5181

Abstract

One of the functions of customs and excise is as a community protector that aims to protect the public from importing dangerous goods into Indonesia. On the other hand, customs as a government institution is closely related to public services because one of the government's responsibilities is to provide services to stakeholders/society. Supervisory activities carried out by customs and excise as a function of the community protector are closely related to public services. Therefore, the principles of good governance must be applied in supervisory activities. This paper aims to analyze the supervision activities carried out by Customs and Excise based on the principles of good governance. The type of research used in this research is qualitative research, which uses interviews, observation, and documentation. Based on the research results, the supervision activities carried out by the Customs and Excise Intelligence Analyst have not fully implemented good governance, especially in transparency, responsiveness, consensus-oriented, equity inclusiveness, effectiveness, and efficiency.
The Debtor's Void Claims Against the Debtor's Obstacles of Achievement are Disclaimed with Forcess Majeure Yeni Triana
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.v24i1.5732

Abstract

The purpose of this research is to analyze when the debtor is unable to carry out what has been agreed, not because of the debtor's own fault, the obstruction to achievement is caused by an unexpected event, a forceful situation, causing the debtor to be unable to perform, and what are the legal consequences? Due to the debtor's actions, the creditor uses his right to sue the debtor, namely breach of contract. The research method used is a type of normative legal research by analyzing legislative, jurisprudential and doctrinal approaches, as well as cases that occur, where the theory used in analyzing is the theory of good faith, pacta sunt servanda. The results of this research illustrate the legal consequences of debtors being hindered due to compelling force majeure. external research as teaching material in contract law lectures, for students and the interested public

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