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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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Implementation Of A negative Stelsel With A Positive Tender In Land Registration In Indonesia Febrianty, Yeny Febrianty; Novira, Elyana Novira; Ariyanto, Ariyanto Ariyanto
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.v20i2.3234

Abstract

Berdasarkan Undang-Undang Nomor 5 Tahun 1960 tentang Peraturan Pokok Agraria (UPA), Pasal 19 menyebutkan bahwa dalam rangka mewujudkan kebenaran kejahatan atas tanah, yang berwenang melakukan pendaftaran tanah. Tujuan dari tulisan ini adalah untuk menyelidiki kegunaan dari perangkat yang mengerikan dengan kecenderungan yang fantastis dalam pendaftaran tanah di Indonesia. Oleh karena itu, metode penulisannya menggunakan teknik yang konsisten dengan peraturan perundang-undangan yang bersifat yuridis normatif. Hal ini dijelaskan melalui Peraturan Pemerintah No. 10 Tahun 1961 bahwa alat pendaftaran tanah yang dianut adalah sistem yang buruk. Gadget ini disempurnakan atau diunggulkan dengan sumber daya yang berguna Peraturan Pemerintah. No. 24 Tahun 1997 adalah asas negatif yang memasukkan unsur menyenangkan, selanjutnya surat keterangan hak berlaku sebagai alat pembuktian yang kokoh.
Review of Remission and Assimilation in the Correctional System with the Foundation of Human Rights Siregar, Syawal Amry; Siregar, Gomgom TP; Lubis, Muhammad Ansori
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.v22i3.3246

Abstract

This research is related to the granting of remission and parole rights on the basis of the value of justice in accordance with human rights. This research was conducted to find out about the embodiment of justice in the granting of remissions and parole to convicts. Both criminals and corruption convicts. This research will also review the arrangements regarding the granting of such remissions and also the ideal concepts regarding the granting of such remissions and parole. This research will use empirical normative legal research methods that emphasize philosophical, dogmatic and conceptual sides. The data collected in this study was carried out by means of literature and document studies. Data analysis used a qualitative descriptive method. This research presents that the embodiment of justice in granting parole and release to prisoners is not entirely fair and equitable. The regulatory process regarding granting remissions and conditional release should be in accordance with the norms and not contradictory. The concept of granting remissions and parole must be balanced in terms of justice and also balanced in coaching.
Legal Construction of Integrated National Policy in Maritime Development in Indonesia Saputra, Rahmat
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.v20i2.3248

Abstract

Maritime development in Indonesia faces problems and necessitates the construction of integrated national policy law. Coastal communities lack understanding and awareness of archipelagic states across various aspects. Challenges include the absence of clear deep water boundaries and the role of defense and resilience from a maritime perspective. This study focuses on two key problems: 1) the legal construction of integrated national policy on maritime development in Indonesia and 2) the development of a strategic environment for maritime development. Empirical juridical research methods were employed. Research on internationally recognized rules of the law of the sea is crucial as a reference for countries determining maritime policy. Indonesia has implemented its rights and obligations under UNCLOS 1982 through national laws and regulations, but there is a need for further integrated national policy construction for maritime development. The strategy for maritime development involves revitalizing marine economic sectors through strengthened policies.
Sragen Regency Government Concerning the Policy of Designating Protected Paddy Land in the Perspective of the Rule of Law ahmad ponco, ponco Edi; Karjoko, Lego
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.v21i1.3258

Abstract

Ensuring the well-being of the population requires the Sragen district government to prioritize food security as a crucial policy. However, the implementation of this policy faces challenges due to its conflict with the Sragen district Spatial Planning Regional Regulation. Consequently, it becomes imperative to thoroughly investigate the validity of the policy's stipulations. The purpose of this article is to elucidate the policy's validity, employing normative qualitative research methods, supplemented by statutory and conceptual approaches, and employing deductive analyzing information. The study's results suggest a noteworthy revelation that the policy concerning protected paddy fields was formulated without adhering to proper legal procedures, thereby rendering it invalid and failing to meet the necessary requirements.
Juridical Review on the Support of Inheritance Rights in the Perspective of Compilation of Islamic Law Andri, Muhammad; Nur Fareha
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 | DOI: 10.31941/pj.v20i2.3277

Abstract

The inheritance system applies to Indonesian citizens. In addition to the legal system of Islamic inheritance, there is also a civil and customary legal system. The problem of inheritance in particular concerning the substitute heir becomes a subject of interesting discussion when viewed from a normative point of view. this study tries to study how the position of substitute inheritors in the compilation of Islamic law. as well as how the legal protection for the replacement heir in accordance with Islamic compilations of law. Normative jurisprudential research method in this penalty prioritizes library materials, court decisions that have been incrachted, or documents called secondary data. Primary, secondary and tertiary laws consist of primary, secundary, and tertiair materials, and these methods are used to conduct this research. Rules in Islamic inheritance law and rulings of the courts that have already incracht used as the basis for this method. research results show that: The legal position concerning a substitute inheritor in the Islamic heritage in Indonesia is formulated provisionally in article 185 paragraph 1, that is, the heir who died before the heirs and can be replaced by his children, except those mentioned in article 173. (melakukan tindakan penganiayaan berat). The inheritance acquired by the substitute heir is not always the same as that replaced, i.e. it is not permitted to add from the acquisition of the equivalent heir to the replaced but may reduce it. The substitution referred to in Article 185 covers the replacement of place, degrees, and unlimited rights between men and women as heirs, i.e. regulating the substitution of place when a nephew or grandson takes the role of a parent as a brother-in-law or otherwise. According to the provisions of the article, an heir who died before the heir is considered to be a replaced heir, and also must not exceed the share of the inheritance rights of the sederajad so that the compilation of Islamic law in article 185 (2) gives a maximum limit of one-third for the replacement heir.
Reflecting on Van Omstandigheden's Misbruic Problems in Certain Time Employment Agreements Post The Entry of The Employment Creation Law Arpangi, Arpangi
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.v20i2.3278

Abstract

Manpower has a strategic function in the progress of the business world, this is because the workforce is the motor in ensuring the continuity of the business world and national development. The sum of the compensation arrangements and the expiry of the work agreement for a certain time shows that the protection of labor rights is not yet comparable to the needs of the business world for workers. This paper aims to analyze and describe the weaknesses in setting work agreements for a specified time in the Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation (Job Creation Law) which resulted in Misbruik van Omstandigheden in work agreements for a certain time after the enactment of the Law. Job Creation. This writing uses a post-positivism paradigm with empirical research types. Based on the studies conducted in this paper, it is known that the existence of Law of the Republic of Indonesia Number 11 of 2020 concerning Job Creation and Government Regulation of the Republic of Indonesia Number 35 of 2021 concerning Work Agreements for Specific Periods, Outsourcing, Working Time and Break Time, and Termination of Relations Work, in fact, has not been able to guarantee freelancers from misbruik van omstandigheden carried out by employers. This fact shows that there is a need for reformulation related to the implementation of supervision and protection for workers for a certain time in real terms, accompanied by strict sanctions against employers in a certain time agreement who misbehave van omstandigheden.
The Importance of Notary Integrity and Commitment in Carrying Out Their Functions Hasana, Dahniarti
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.v20i2.3279

Abstract

Integrity and commitment are two important things for a notary in carrying out his duties and functions. Public trust in the professionalism of a notary is determined by the level of integrity and commitment he has. The notary must ensure that the tasks performed are in accordance with applicable professional and ethical standards. A strong commitment to duties and responsibilities helps ensure that legal transactions carried out by a notary are honest and fair. Therefore the researcher feels the importance of the integrity and commitment of a notary in carrying out its functions. In this study, researchers used the literature study method using books and journals as the main data. For secondary data researchers use data and other relevant literature. Researchers found that notaries need to have integrity and commitment in carrying out their duties, especially for the community.
Government and Indigenous Community Synergy in Handling Covid-19 Through Local Wisdom Values in North Maluku Rumkel, Nam Rumkel; Karianga, Hendra -; Kadaruddin, Kadaruddin -
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.v22i1.3295

Abstract

There are 4 sultanates in Moloku Kie Raha (North Maluku). Indigenous Peoples through the Moloku Kie Raha Sultanate institution actively participate in helping meet the needs of the community, as a form of contribution to mitigating the impact of Covid-19. This research aims to find out the role of indigenous peoples in preventing and overcoming Covid-19 through the values of local wisdom in North Maluku, as well as the synergies and patterns of handling carried out by the regional government and the Sultanate in fighting Covid-19 in North Maluku. This research method is socio-juridical, using statutory and conceptual approaches, the data used are primary data and secondary data, and all data collected is analyzed qualitatively. The results of the study show that the role of indigenous peoples in preventing and overcoming Covid-19 through local wisdom values in each sultanate is almost the same because what is meant by these local wisdom values has been inherited and preserved in their lives from generation to generation by adapting to the circumstances and conditions that occur. The synergy and pattern of handling carried out by the regional government and the sultanate in fighting Covid-19 in North Maluku is going well, this can be seen from the government's recommendations for the public to implement health protocols such as socializing the importance of wearing masks, washing hands and keeping their distance, and not there may be crowds at mosques, sultanates or palaces or places that are the gathering points of these indigenous peoples. 
Values of Justice in the Reconstruction of Copyright Transfers through Inheritance based on Law no. 28 of 2014 concerning Copyright Nasution, Lily Maryam; Limbong, Ferry Susanto
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.v20i2.3299

Abstract

This study aims to analyze the law of Values of Justice in the Reconstruction of Copyright Transfers through Inheritance based on Law no. 28 of 2014 concerning Copyright. Normative juridical research methods are used to understand, interpret, and clarify legal issues by referring to existing legal sources. The results showed that the transition of copyrights through inheritance could be done if the Creator had died, had inheritance and had an heir. The inheritance legal system in Civil Based on the documentation of the transfer in the Directorate General of Intellectual Property is employed in the transfer of copyrights. To obtain their rights as heirs, heirs must execute an inheritance deed accompanied by a death certificate and an inheritance certificate, and heirs are required to record the Director General of Intellectual Property, accompanied by documents on the transfer of rights. Most people divert their rights through the civil resistant legal system because it is easier to do so than through the law of customary inheritance or Islamic inheritance law; in the civil resistant legal system, there is no difference between heirs and expert inheritance male and female.
IDEAL MODEL OF ENVIRONMENTAL APPROVAL AS AN INSTRUMENT FOR POLLUTION AND ENVIRONMENTAL DAMAGE CONTROL IN SUSTAINABLE DEVELOPMENT Adi, Elizabeth Ayu Puspita; Nagara, Airlangga Surya
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.v22i3.3303

Abstract

This study is centered on the change in the arrangement of environmental permits as regulated in Law of the Republic of Indonesia Number 32/2009 concerning Environmental Protection and Management (UUPPLH) to environmental approval as regulated in Law of the Republic of Indonesia Number 11/2020 concerning Job Creation (Omnibus Law). This study aims to examine and analyze the implications of changes in environmental approval arrangements as regulated in the Omnibus Law concerning environmental licensing in the Environmental Protection and Management Law. A normative legal research method was employed in this study. The approaches used in this study included the statute approach and the conceptual approach. The results of this study confirmed the need to balance economic interests with environmental sustainability so that sustainable development can be well actualized.

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