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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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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 Pahroji, Dedi; Priyana, Puti; Pura, Margo Hadi; Farhani, Athari; Azizah, Faiqah Nur
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
The Conflict Between Criminal Law Norms and Moral Norms in Abortion Cases in Indonesia: What and How? Sofyan, Carollin Ophelia; Darma, I Made Wirya; Kurniawan, I Gede Agus
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.v24i1.6092

Abstract

This research is a normative legal study with a conceptual, legislative, and philosophical approach. The results of this study affirm that, morally, abortion is permitted if there is a medical necessity for it. However, in criminal law, abortion is primarily oriented towards protecting the health rights and the dignity rights of women as prospective mothers, so besides health reasons, abortion is permitted for women who are victims of rape or other sexual violence with a gestational age of less than fourteen weeks. Efforts to resolve the conflict between moral norms and criminal law norms regarding abortion regulations in Indonesia involve emphasizing that abortion for women whose pregnancies are less than fourteen weeks should be understood as a last resort. The recommendation from this research is the need for a moral-based interpretation of criminal law norms by emphasizing substantive justice aspects, thereby minimizing the conflict between criminal law norms and moral norms..
The Police and Justice Restorative : A Sustainable Legal Approach in Perspective Justice Dignified Widiawan, I Putu Arya Restu; Sudharma, Kadek Januarsa Adi; Kurniawan, I Gede Agus
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.v24i1.6093

Abstract

This article discusses the role of the police in implementing restorative justice, including the function of mediation, solving cases at the initial level, crime prevention, as well as education and outreach to the community. This approach not only helps resolve conflicts peacefully, but also restores social relations and builds public trust in the legal system. However, the implementation of restorative justice faces a number of challenges, such as the need for a paradigm shift, increasing the capacity of police officers, and coordination between institutions. Through conceptual analysis, this paper concludes that restorative justice, if implemented effectively, can be the basis for creating a more sustainable, inclusive and just legal system. This approach is in line with the principle of distinguished justice which places humans as subjects, not objects, in the legal process. Thus, restorative justice not only offers more humane legal solutions, but also contributes to the creation of a harmonious and just society.
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; Syafitri, Cut Zulfahnur
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 Manurung, Jetro -; Gagarin Akbar, Muhammad -; Abas, Muhamad -
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 Adimu, Siva Rizkia; Guntara, Deny -; Abas, Muhamad -
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.
Analysis of Breach of Contract Resolution in the cooperation agreement between Dr. Noesmir Baturaja Hospital and BPJS Kesehatan Irawan, Hengki; Ramasari, Risti Dwi
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

Abstract

Universal health coverage (UHC) remains a challenge for many countries worldwide. Achieving UHC is also one of the sustainable development goals (SDGs), which stipulates for good health and well-being. Indonesia’s health coverage program, the National Health Insurance (JKN) program, is administered by the Healthcare and Social Security Agency (BPJS Kesehatan). National health insurance (JKN) is a social security program that administered by the Healthcare and Social Security Organizing Agency (BPJS Kesehatan). BPJS Kesehatan in implementing its program requires hospital as health facility providers. BPJS Kesehatan cooperation agreement with dr. Noesmir Baturaja Hospital will be analyzed. How was the cooperation agreement between dr. Noesmir Baturaja Hospital and BPJS Kesehatan in Prabumulih branch. What efforts were made by dr. Noesmir Baturaja Hospital and BPJS Kesehatan in overcoming breach of contract in the health insurance cooperation agreement? The research method was normative juridical and empirical juridical. The data were primary and secondary. Data was analyzed by qualitative legal analysis. Research and debate showed that cooperation agreement between BPJS Kesehatan and dr. Noesmir Baturaja Hospital did not include medical licensed (SIP). in the 2017-2018 Manuscript of Cooperation Agreement (PKS), resulting breach of contract. Previously, dr. Noesmir Baturaja Hospital has obtained approval from District Government Health Office and BPJS Kesehatan verification that doctor could work outside working hours. However, BPJS Kesehatan stipulated dr. Noesmir Baturaja Hospital must return all BPJS Kesehatan claim payments to resolve the breach of contract dispute. There has been a breach of contract between dr. Noesmir Baturaja Hospital and BPJS Kesehatan, and dr. Noesmir Baturaja Hospital has the right to demand justice, Government regulations and policies must be evaluated and changed to maintain equality in the cooperation agreement between BPJS Kesehatan and Hospital
Normative Analysis of Freedom of Speech in Indonesia According to Positivism Theory Reviewed from the Perspective of Legal Philosophy Guntara, Deny -
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 Abas, Muhammad -
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.

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