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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
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
The Role of Intelligence in Law Enforcement for Combating Terrorism Cases in Indonesia Huda, Achmad Zainal
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.v22i2.3184

Abstract

Intelligence is defined as information or knowledge needed to guarantee national security. Intelligence information is needed to read and analyze the movements of terrorist groups, to prevent and minimize the impacts that arise in counter-terrorism efforts. Preliminary evidence from intelligence reports authorizes Special Detachment 88 to arrest suspected terrorists. This research is a case study research that aims to analyze the role of intelligence in countering terrorism in Indonesia in the Thamrin Bombing, the Poso violence, and the Bombing in front of the Cathedral, Makassar. This research finds that intelligence has a very significant role in countering terrorism in Indonesia. However, this role is hampered by the limits of authority and responsibility that can be carried out by the Intelligence Agency or Agency. This condition can be overcome by the synergy between intelligence organizations and counterterrorism agencies in Indonesia. In addition, intelligence can also be given the authority to take priority actions for early prevention.
TRANSFORMING POLICY APPROACHES: EMPOWERING GENDER MAINSTREAMING IN ENVIRONMENTAL POLICIES OF SOUTH KALIMANTAN Hanifah, Lena
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.v21i1.3188

Abstract

This socio-legal study highlights the pressing need to incorporate women's voices and experiences in Indonesia's natural resource management policies, particularly in South Kalimantan. This research employs an interdisciplinary approach, utilising qualitative and normative methods. The study investigates how to integrate gender perspectives into policy environments that are often gender-neutral and why it is crucial to include these perspectives in policy-making, especially in the context of South Kalimantan. The finding reveals that women's exclusion from the policy-making process is attributed to the policymakers' belief that the field should be gender-neutral. However, this approach has had adverse effects, resulting in increased gender discrimination instead of mitigating it.
UTILIZATION OF Abandoned LAND FOR PUBLIC INTEREST DEVELOPMENT IN INDONESIA IN THE PERSPECTIVE OF AL-QURA'N AND HADITH Wibowo, Agung
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.v23i2.3191

Abstract

. . The need for land is increasing over time to meet basic human needs and on the other hand there is no increase in land area in Indonesia. However, there are also many individuals and legal entities who control land that is not utilized in accordance with the nature of the land rights and the purpose of granting the rights, which results in abandoned land. Reviving abandoned land or dead land from the perspective of the Qur'an and Al-Hadith in the study of land theology is an effort to protect the environment so that it avoids damage. The context of the hadith of reviving dead land (Ihya al-mawat) in Indonesia in the current conditions of course must look at the existing conditions so that its application is more beneficial for the general public by utilizing abandoned land for development in the public interest. Legal protection for parties who control abandoned land in good faith is also provided with compensation if the land becomes the object of land acquisition for development in the public interest. Of course, to utilize abandoned land, you must follow the positive legal provisions governing land regulations in Indonesia.  
Legal Certainty In The Role Of The DPRD Functions In Implementing The Right Of Interpelation Based On Constituonal Practices Hidayat, Anwar -
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.v22i2.3207

Abstract

The Regional People's Legislative Council (DPRD) is a legislative institution which is an element of the constitutional structure in our country. This institution functions as a policy initiator, policy supervisor, and works together with the executive to develop joint policies for the welfare of the people. DPRD has many rights in carrying out its duties and functions, one of the many rights is the right of interpellation. The right of interpellation is the right of the DPRD to request information from the government regarding strategic policies that have an impact on social life which certainly affects the development of the nation. The right of interpellation is the right of the DPR/DPRD to ask the government for information regarding important and strategic policies that have an impact on people's lives and the dynamics of the nation. that in forming an Act the DPR cannot proceed alone without the approval of the President. Both of them, both the DPR and the President must agree, the DPR cannot agree but the President does not agree. The two must go hand in hand to agree together.
Measuring The Role of The State in Protecting Indonesian Migrant Workers in Saudi Arabia Thamrin, Husni -
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.v21i1.3208

Abstract

The issue of Employment and Unemployment is a problem that is still a scourge for third-world countries. Labour is a factor that influences the improvement of a country's economy, but on the other hand, an increase in labour can become a problem for the country's economy. As always happens in every cooperative relationship between countries in the international scope, be it bilateral or multilateral, where each country has its own interests, it is possible for obstacles such as differences of opinion and even conflicts to occur. In this case, as happened in the bilateral relations between Indonesia and Saudi Arabia in the field of Manpower, although so far the relations between the two countries have been quite good in almost all sectors, with the problems that have arisen in the last few years, especially in the issue of Placement and Protection of Indonesian Migrant Workers In Saudi Arabia, the relationship between the two countries in the field of labour is slightly disturbed. Saudi Arabia is currently focused on meeting the 2030 vision where there will be many developments and projects in various sectors that require a lot of workers from all over the world, including Indonesia.
State Protection in Intellectual Property Products Sudrajat, Hendra
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.v22i2.3209

Abstract

State Protection in Intellectual Property ProductsThis study aims to see that Indonesia is a country that has great potential and produces many works of art that have high economic value. Therefore,the state needs to be present to provide legal protection for various products so that the value and selling power of the economy is a national product. The state should protect the presence of tertiary institutions through lecturers in producing intellectual works. But the problem lies in applying laws and regulations on intellectual property products that have not been appropriately applied. The results of this study are expected to contribute knowledge and scholarship in the realm of law and management of intellectual property product protection as a form of the implementation rule of law by protecting human rights as a characteristic of Indonesia as a rule of law state.Keywords:Legal protection; Traditional Knowledge; Copyrights
Inspection Cross Expertise in Criminal Procedure Tornado, Anang Shophan
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.v22i1.3211

Abstract

In criminal procedural law, we know that to prove that an event was a criminal event, a mechanism is needed which is not simple. In the Criminal Code, it is stated that it must fulfill several conditions for an event to be included in the category of a criminal act, namely that it must go through just evidence, of course in fair proof it must be supported by evidence stipulated in Article 184 paragraph (1) of the Criminal Procedure Code. In addition to witness statements, there is also evidence from expert testimony. The expert gap is mentioned in Article 1 number 28, namely information given by someone with special expertise on matters needed to explain a criminal case for examination purposes. Then, sometimes the examination of a case by a judge requires expert testimony from various fields of science which implies that several experts must be presented who can clarify a case, here the question arises when these experts are presented, especially in expert examinations whose fields are contradictory to each other, so that cross-examination can be carried out. experts. In addition, problems that arise in criminal trials related to expert testimony are related to the time or when (timing) the expert is presented, so far we both know that after the statement of the defendant, the examination of evidence is considered to have ended. However, often the public prosecutor, legal advisers, and the judge himself want to dig deeper into the case being examined, especially about expert testimony, this is where a problem is found because the procedural rules have not been clearly explained, while the nature of procedural law itself is rigid and limitations.
The Legislative Function of the House of Representatives to Prevent and Eradicate of Corruption Jaidun, Jaidun
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.v21i1.3216

Abstract

The House of Representatives through its legislative function can renew or replace the existing Law on the eradication of corruption with a new Law on the prevention and eradication of corruption that is effective and radical in preventing and eradicating corruption. The establishment of laws to prevent and eradicate corruption is a mandate of the people that must be realized by the House of Representatives through the legislative function, in order to realize the welfare and intellectual life of the nation, while law enforcement officials are unable to prevent and eradicate corruption completely, due to the principle of legality and the mentality of law enforcement officials. Legally, preventing and eradicating corruption must have a legal basis that is made and stipulated by the House of Representatives together with the President. The establishment of the Law on the prevention and eradication of corruption must be able to ensnare the perpetrators (corruption) and cause a long-term deterrent effect and potential perpetrators (corruptors) who want to commit corruption crimes think long to commit corruption crimes (deterrent effect). If this legislative function is not used to form effective and radical corruption prevention and eradication laws, it will lead to public distrust of the House of Representatives. This can lead to an increase in the crime of corruption in the management of state finances.
Legal Protection For The Land Owners Issuance Of Double Certificates Hartini, Sri Iin
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.v20i2.3218

Abstract

The problem of multiple certificates still often occurs in our society. The overlap in the issuance of multiple certificates makes land rights owners have to fight to get their rights. The purpose of this study is how the legal protection for certificate holders of land rights for the issuance of multiple certificates. The problem of multiple certificates is an unresolved problem. Owners of land rights immediately register their land in order to obtain a certificate as proof of ownership, but what happens is the issuance of certificates that should be strong evidence as ownership rights is difficult to prove its validity. The issuance of multiple certificates originated from the granting of new rights by the Land Office based on an adjudication process. Adjudication, namely activities carried out within the framework of the land registration process for the first time, includes the collection and determination of physical data and juridical data regarding one or several objects of land registration for the purpose of registration. This adjudication process was carried out in an inaccurate and inaccurate manner, resulting in the issuance of multiple certificates. The research method used is normative juridical and empirical juridical methods.
Vertical Land Consolidation For Handling Urban Housing And Slum Settlement Arrangements Nurmawati, Bernadete; Herman, KMS; Iryani, Dewi; Darmawansyah, Adi; Butarbutar, Russel
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.v22i3.3233

Abstract

The proliferation of slums in cities with limited land availability calls for regulation on how best to utilize and control Land and initiatives to streamline and improve land use in metropolitan areas through land consolidation. Therefore, the government can use land consolidation to ensure the quality of the urban environment and the social functions of Land. Land consolidation itself is mainly carried out on city properties due to the high concentration of people and lack of planning that characterizes many urban environments. In urban slum programs, vertical land consolidation is an alternative land supply to reorganize slums. By reorganizing who owns what, where it can be used, and how it can be used, land consolidation is carried out to enhance natural resource conservation and improve environmental quality through community involvement and public use of previously privately owned Land. Community participation is a major part of the framework for improving the quality and quantity of land functions. Vertical land consolidation can serve as a useful solution to urban problems such as housing affordability and density. By consolidating Land vertically, more housing units can be built in a smaller area, providing more affordable housing options for residents. In addition, vertical land consolidation helps reduce urban sprawl and results in more sustainable and livable cities. This paper uses normative legal research techniques, including research into applying positive law and legal principles or norms.

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