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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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Analyzing the Presidential Power Constraints and the DPR Power Enhancement in the Indonesian 1945 Constitution: A Critical Approach Saepullah, Saepullah; Ichlas, Rudy Iskandar; Rustan, Ahmad; Jufri, Nur Nashriani
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.v23i2.3596

Abstract

This study delves into an examination of how the 1945 Constitution establishes multiple constraints on the President's authority while bolstering the influence of the DPR (People's Consultative Assembly). The research aims to comprehensively analyze the scope of powers granted by the 1945 Constitution to both the President and the DPR. Employing a normative research methodology, this investigation reveals that the 1945 Constitution places specific limitations on the President while strengthening the authority of the DPR through various means. Notably, the Constitution imposes term limits solely on the President, not on the DPR. Although the President participates in the legislative process, certain restrictions apply, and certain powers are granted to the President as the head of state, but they necessitate the involvement of the DPR. In contrast, specific rights exclusively pertain to the DPR in support of its duties, without extending these same rights to the President. Such a scenario underscores the imperative of establishing a constitutional balance of power between the executive authority of the President and the legislative authority of the DPR.
Indonesian Ombudsman: Strengthening Role in Improving the Quality of Public Services Taqwa Taqwa; Amzulian Rifai; Nashriana Nashriana; Iza Rumesten RS
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.v22i3.3605

Abstract

When residents have issues with a government agency, they may resort to the impartial Ombudsman. This research looks at how the Indonesian Ombudsman has affected service quality there. This research aims to clarify the need for an Ombudsman in the fight against bad administration and to propose reforms to the legislation that would give them more authority. This research blends a normative judicial approach with a descriptive analytic technique. This research shows that the Indonesian Ombudsman has the potential to become a powerful advocate for improving the quality of government services and protecting people' rights against infringement by the state. The Ombudsman in Indonesia can do a better job of sustaining good governance and guaranteeing justice in the provision of public services if given the sufficient resources and support from the government and society, as well as the required legal framework.
Harship Doctrine Regarding Fulfillment of the Performance of an Agreement Dian Cahayani
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.v22i3.3615

Abstract

In contract law, performance fulfillment is a fundamental principle. However, in practice, unforeseen changes in circumstances can disrupt performance fulfillment. To address this, the doctrine of hardship is necessary to create a balance between performance fulfillment and unforeseen changes in circumstances. The aim of this research is to analyze the concept of the hardship doctrine in contract law and identify its impact on the interpretation and performance of contracts, as well as the protection of rights and fairness for parties bound by contractual agreements. The research method used is normative research method with a focus on analyzing the legal regulations that govern the hardship doctrine. The data sources include legal texts, regulations, court decisions, and relevant legal expert opinions, along with techniques such as legal document analysis, comparison, and drawing conclusions to generate a comprehensive understanding. In contract law, the hardship doctrine refers to the concept of unforeseen changes in circumstances significantly affecting contract performance. This doctrine allows parties to request contract modifications or terminations in situations that are no longer fair or feasible. It also impacts contract interpretation, as courts determine whether the changed circumstances meet the criteria for activating the doctrine. Although not fully regulated in Indonesian legislation, the Civil Code provides relevant legal grounds. It is important for contracting parties to understand the implications of the hardship doctrine and consider its inclusion in their agreements. The doctrine plays a crucial role in protecting the rights and ensuring fairness to parties bound by contractual agreements in Indonesia. It provides protection, flexibility, and considerations for social impact and public interests. However, its use should be limited, meet strict requirements, and align with applicable laws. Therefore, the hardship doctrine serves as an essential tool to maintain balance and justice in contract performance when used carefully and in compliance with relevant conditions. 
Implementation of the Omnibus Law: Legislative Impact and Consequences Jefri, Jefri; Rustan, Ahmad; Ichlas, Rudy Iskandar
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.v23i2.3617

Abstract

The Implementation of the Omnibus Law in Indonesia through Law Number 11 of 2020 on Job Creation represents a significant step in regulatory reform, encompassing various sectors. This law aims to streamline regulations, enhance investment, and create job opportunities. This study seeks to analyze the impact and implications of the Omnibus Law on legislative politics in Indonesia. Using a qualitative approach and various theoretical frameworks from the fields of law, economics, politics, and sociology, this research examines regulatory changes, legislative processes, and the social, economic, and environmental impacts of the Omnibus Law's implementation. The findings indicate that while the Omnibus Law has the potential to improve the investment climate and economic growth, concerns exist regarding the reduction of workers' rights, negative environmental impacts, and the lack of public participation in the legislative process. The implications for legislative politics include changes in the relationship between central and regional governments, as well as political dynamics at the national and local levels. It is crucial for the government to ensure transparent, accountable, and participatory implementation to achieve sustainable development goals and improve the welfare of the Indonesian people.
A Legal Protection Model For Handling Human Trafficking in West Kalimantan Border Azizurrahman, Syarif hasyim; Ismawati, Sri; Lolita, Lolita; Elyta, Elyta
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3632

Abstract

Although it is a highly serious human crime, people trafficking still occurs, particularly in West Kalimantan's border region. West Kalimantan's border region has seen a variety of attempts to reduce human trafficking, yet the practice persists still. There is a need for a solution or model that can lessen instances of human trafficking in the West Kalimantan border region, carried out so that the parties involved are unaware of it.This study aims to develop an appropriate model for legal protection to deal with human trafficking at the border West Kalimantan. Methods of the Research, The research will be conducted at the Polres in the Sajingan and Biawak border regions, as stated in the research title. The Sajingan Besar sector's Resort Police and Border Communities are two sources of crime prevention strategies based on legal requirements, The study's findings serve as a model for public protection from human trafficking activities from the perspective of the role of law enforcement officials, the police in the border regions of Sajingan and Biawak, in particular, to combat the crime of trafficking in persons, conduct investigations, and look into cases of human trafficking that happened in the border regions of Sambas Regency, particularly Sajin. The criminal law (penal) is used by the authorities as a model of legal protection to stop human trafficking. However, there is still human trafficking that takes place. Because there are still several barriers to sentencing that do not take into account the elements of a crime. The unlawful behavior in place does not yet constitute the TIP factor. Using criminal law policies and cultural norms to carry out criminal crimes like human trafficking, protecting the public, and implementing coordination with illegal law enforcement policies all help to enhance efforts to combat corruption
Politics, Law, Regional Innovation Policy Related to the Implementation of Population Administration in Local Government Administration Tristiana, Enis
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3636

Abstract

Legal politics was originally interpreted as legal policy (legal policy) imposed in certain regions. At the next stage, legal politics is also understood as a frame of mind in determining and understanding the legal policy. Legal politics is the development of law that is based on making and updating material to suit the needs and implementation of legal provisions that have been included in affirming the function of institutions and fostering law enforcers. Regional Innovation is all forms of renewal in the implementation of Regional Government regulated in Government Regulation Number 38 of 2017 concerning Regional Innovation. In population administration, assessments related to regional innovation are regulated in the implementation of population administration. This study was conducted to find out This study uses data collection methods with interviews, observations, and documentation to see the results of research and discussion. Legal politics related to regional innovation policies are all forms of reform in the administration of regional government
The Effectiveness of Religious Rehabilitation in The Cure of Narcotic Addictives Andri Winjaya Laksana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3640

Abstract

The purpose of this study was to find out and analyze the effectiveness of religious rehabilitation based on the level of success in healing narcotics addicts as a step to reduce the amount of narcotics abuse. In this study, using an empirical juridical approach. The application of religious rehabilitation at the Maunatul Mubarok Islamic Boarding School in Demak is by conducting spiritual counseling using the Islamic religious guidance method, namely by Islamic religious lectures and joint dhikr, the dzikir is carried out after congregational prayers, followed by lectures and joint prayers. Meanwhile, the Therapeutic Community Method is applied in the learning process at the Rumah Damai Foundation in Semarang, where the community is prioritized to achieve healing. Addicts help each other to achieve healing. The effectiveness of religious rehabilitation can vary, the success rate of rehabilitation depends on the quality of the program implemented and the condition of the patient. Observations at the Maunatul Mubarok Islamic Boarding School in Demak and the Rumah Damai Foundation in Semarang show that religious rehabilitation can be effective in helping to overcome drug addiction with the right rehabilitation program and the support of experienced mentors.
Harmonization of Law Enforcement Regulations of Narcotic Addictives Andri Winjaya Laksana
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.v22i1.3641

Abstract

The purpose of this research is to find out and analyze a policy of harmonization of law enforcement against narcotics addicts to formulate criminal sanctions for narcotics crimes in the future, which can fulfill legal objectives, namely legal certainty, benefit and justice. The approach method in this study uses normative juridical methods. the results of the study stated that the Harmonization of Law Enforcement Regulations for Narcotics Addicts Based on the provisions of Articles 54, 55, 103 and 127 of the Narcotics Law, a person who must be rehabilitated is only limited to someone who is included in the category of Addict, Narcotics Abuser and Narcotics Victim. Narcotics Abuse. the judge in deciding a case must pay attention to the provisions of Articles 54, 55 and 103, then in Article 127 Paragraph (3) In the event that an abuser can be proven or proven to be a victim of narcotics abuse, the abuser is obliged to undergo medical rehabilitation and social rehabilitation in harmony with the article in order to realize justice and benefits for law enforcement for narcotics addicts.
The Urgency of Establishing Provisions of Laws and Regulations Concerning Aircraft Mortgages Timothy Arviando Andrade; Iqbal Hafidz
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.v22i3.3643

Abstract

Until now, it is known that there are no specific regulations that specifically regulate aircraft mortgages. If this situation continues, it will maintain legal uncertainty due to legal vacuum demonstrated by the absence of legal norms that specifically regulate the imposition of aircraft mortgages. This research aims to examine and comprehend the arguments which justify for the urgency of establishing the provisions of laws and regulations on aircraft mortgages. This research approaches the topic from legal perspective, using the normative juridical method. This research will closely examine several relevant the provisions of laws and regulations to identify and analyze the legal issues. Research has shown that the arguments which justify for the urgency of establishing the provisions of laws and regulations on aircraft mortgages is to create legal certainty. Likewise, there are several benefits obtained if legal norms have provided certainty and clarity about the imposition of aircraft mortgages.
The Problematic of Cashless In The Society 5.0 Era on the Workforce in Makassar City: What Should It Be? Juwenie Juwenie; Christo Paulus Moningka Wakey; Novin Kanti Tongchangya
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.v22i3.3644

Abstract

The aim of this research is to analyze the problems and legal protection efforts for workers who have been replaced by cashless in the Era of Society 5.0 in Makassar City, which is related to the existence of a legal vacuum related to regulations regarding facilitation and guidance efforts from the Makassar City Government to be able to empower local Makassar workers in this era of development. technology. This research is normative legal research with a conceptual and statutory approach. The results of the research confirm that the problem of using cashless in the era of society 5.0 for workers in Makassar City, namely the reduction in the number of workers working in various companies who were previously officers where cash payments were made, means that the government must have policies and strategies to provide guaranteed rights for workers. whose position has been replaced as a result of the practice of cashless-based electronic or non-cash transactions. Preventive legal protection can be carried out by establishing statutory regulations, especially at the regional level which are oriented towards empowering the local Makassar workforce so that they can have certain skills and expertise in the era of technological development. In terms of protecting repressive laws, there is a need for an active role from related agencies in Makassar City, especially efforts to provide special guidance and education for local Makassar workers so that they can have certain skills and expertise in the era of technological development.

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