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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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White Cloth/Shroud as Dowry in Islamic Law Ashar Ridwan; Susi Susilawati; Marini Citra Dewi; Ahmad Aswar Rowa
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study aims to find out the giving of dowry in the form of a white cloth/shroud in Balaesang Tanjung, Donggala Regency reviewed by Islamic Law. The initial survey was taken through direct information from the Head of the Religious Affairs Office (KUA) in the local sub-district, that the KUA had input data on marriage events as mentioned above. Dowry should be in the form of a materialistic item and can be used by the wife if it is in difficult circumstances. At least, these items can be used for worship as is common, namely a set of prayer tools. Death is a definite thing and not a personal obligation (fardu 'ain) of the wife in its management but is included in the category of fardu kifayah. Although Islam recommends giving the cheapest dowry so as not to be burdensome, dowry in the form of a white cloth/shroud is still very rare. On that basis, how is the review of Islamic Law on the tradition of giving dowry in the form of a white cloth/shroud in Balaesang Tanjung, Donggala regency? The method used is an empirical research method with primary data sources from the community, religious leaders, and community leaders in Balaesang Tanjung, Donggala Regency. The conclusion is that the tradition of dowry of white cloth/shroud in Balaesang Tanjung is in accordance with Islamic teachings, namely including 'urf in the rules of fiqh al-'adatul muhakkamah. Important aspects of dowry in Islam have been included in it such as the existence of women's rights, signs of seriousness in marriage, raising women's dignity, mandatory and should not be eliminated.
SETTLEMENT OF CREDITOR BILL DISPUTES IN THE DEBT PAYMENT POSTPONEMENT PROCESS Adli, Muhammad; Ramlan; Nadirah, Ida
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

There are problems that creditors often have to face in bankruptcy, especially concurrent creditors or ordinary creditors (unsecured creditors), namely to obtain payment of their receivables to debtors who have been declared bankrupt, due to bad faith from the debtor to transfer the assets they own or all efforts by the bankrupt debtor made to hinder the management and settlement of the bankrupt assets (bankruptcy boedel) by the curator. A company, specifically a PT (Limited Liability Company), is unable to pay its debts, and bankruptcy proceedings begin with a creditor filing a petition to the court for past-due bills. Debt restructuring has been the preferred solution for many years to resolve financial problems in a company. Restructuring under a Suspension of Debt Payment Obligations (PKPU) is intended to restructure the debtor's debt payments solely with the goal of restoring the debtor's company to health. Restructuring is more of a rescue measure than a corrective action or permanent fix. One of the legal protections provided by the Bankruptcy Law and PKPU for creditors is the actio paulina, which gives creditors the right to request the cancellation of any legal action not required by the debtor. If a debtor is deemed to have defaulted on a debt repayment agreement with a creditor, they can demand that the agreement be fulfilled, or seek compensation from the defaulting party
Kegunaan Overmacht (Pemaksaan) dalam Pertanggungjawaban Tindak Pidana Korupsi yang Dilakukan Atas Perintah Jabatan di Indonesia Rudy; Ariai; Jabar Rahim, Abdul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

This study aims to analyze the usefulness of the concept of overmacht (coercion) in the context of accountability for corruption crimes committed based on official orders. In law enforcement practice, there is often an excuse from corrupt perpetrators that their actions were carried out due to pressure from their positions or orders from superiors. This raises conceptual questions about the limits of individual responsibility and the existence of excuses for forgiveness in Indonesian criminal law. This research uses normative legal research methods with a statutory approach and a conceptual approach and is analyzed using a systematic and teleological interpretation of the provisions of Article 48 and Article 51 of the Criminal Code. The analysis is also associated with the principle of criminal accountability and the principle of substantive justice. The results of the study show that overmacht can only be used as a basis for eliminating wrongdoing if the pressure of position eliminates the freedom of the perpetrator's will. Bureaucratic pressure or institutional loyalty alone is not enough to justify corrupt acts. Thus, the application of overmacht in corruption cases must be carefully assessed by judges based on the context and intensity of office pressure. This study recommends the need to reformulate legal norms in the Corruption Law and strengthen education on office ethics, so that the concept of overmacht is not abused but still functions as an instrument of substantive justice in the Indonesian criminal law system.

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