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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.
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Articles 1,631 Documents
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Police Discretion in Criminal Cases of Abuse by Minors with the Application of Diversion Restorative Justice Bahari, Virza Imeldha; Enggarani, Nuria Siwi
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.v23i1.3693

Abstract

The objective of this investigation is to analyze the utilization of prudence in the manifestation of restorative justice in solving cases of persecution and to analyze from the perspective of legal sociology the practice of implementing restorative justice in handling cases of abuse. This thesis uses a legal sociology approach with data collection techniques by observation, interviews, and documentation. Factors that led to the crime of persecution: ego factors, economic factors and environmental factors. In cases of abuse, if there are 2 pieces of evidence, namely the statements of 2 witnesses and a post-mortem examination, then the most likely thing is to reduce the evidence, namely witness testimony, so that the witness who has been questioned must withdraw the statement and carry out a special case title to stop the case to determine SP3. The role of Bhabinkamtibmas in restorative justice is as a mediator or facilitator. Bhabinkamtibmas acts as a mediator in solving problems to reduce larger conflicts. Before holding the meeting, Bhabinkamtibmas first accommodated the aspirations of perpetrators and victims who did not want their cases to be processed legally. Bhabinkamtibmas then, together with community leaders, studied the habits of the perpetrators and saw whether this incident could still be repaired. If it can still be repaired, the parties are brought together and followed by deliberations to reach a consensus. Related to the causes of mistreatment of husbands against wives starting from the issue of biological needs, infidelity and economic problems. The positive effects of carrying out mediation for mild abuse by a husband against his wife are Improved husband's behaviour; The creation of household harmony; Re-communication of both sides; Providing a sense of justice to both parties; and settlement of legal issues more quickly and cheaply.
The Beneficial Aspects of Implementing Ifrad Pilgrimage for Indonesian Pilgrims Sokon Saragih; Asmuni Asmuni; Dhiauddin Tanjung
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.v22i2.3696

Abstract

Ifrad pilgrimage is a form of Hajj where an individual intends only for Hajj upon entering the state of Ihram. The pilgrim declares Labbaik Bahaj and performs Tawaf Qudum after entering Mecca, remaining in the state of Ihram until the designated Hajj period. Subsequently, the pilgrim follows all the Hajj rituals, including the standing at Arafah, staying at Muzdalifah, casting stones at Jamarat Al-Aqabah, performing Tawaf Ifadhah, Sa'i between Safa and Marwa, and spending the night at Mina for stone throwing on the days of Tashriq. After completing all the Hajj rituals, the pilgrim performs the second Tahallul, exits Mecca, and begins the second Ihram with the intention of Umrah if planning to undertake Umrah rituals. Tamattu' pilgrimage involves initially intending to perform Umrah upon entering the Miqat by saying Labbaik in Umrah. Upon entering Mecca, the pilgrim completes all Umrah rituals such as Tawaf and Sa'i, then shaves or trims the hair, concluding the state of Ihram. On the 8th of Dhu al-Hijjah, the pilgrim enters into the Hajj Ihram, performs Hajj rituals like standing at Arafah, Tawaf, Sa'i, and others comprehensively. Qiran pilgrimage is when an individual intends to perform both Hajj and Umrah simultaneously upon entering Ihram by uttering specific words. The individual remains in the state of Ihram until completing the Hajj rituals. During the Hajj, there is no need for additional Tawaf and Sa'i for Umrah; performing the Tawaf and Sa'i for Hajj is sufficient. Among these three types of pilgrimage, the Ifrad model is considered the least burdensome for pilgrims. This model does not incur penalties, and the greater benefit in performing the Hajj pilgrimage is achieved through the Ifrad model.
Comparison of The Imposition of The Doctrine of Piercing The Corporate Veil in a Limited Liability Company Between The Board of Directors and Shareholders in Terms of Law Number 40 Of 2007 Concerning Limited Liability Company Ananda, Fauzan Rahmat; Widyawati, Sri
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.v23i1.3698

Abstract

The purpose of writing this journal is to determine the comparison of the imposition of the doctrine of piercing the corporate veil in a Limited Liability Company between the Board of Directors and shareholders, with a review of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). The Doctrine of Piercing the Corporate Veil is a doctrine that has long been present in the business world, especially attached to the legal entity of Limited Liability Companies in Indonesia. UUPT as the law governing Limited Liability Companies in Indonesia has set out the rules regarding the doctrine of piercing the corporate veil. The doctrine has historically been widely used in court decisions, the presence of the doctrine of piercing the corporate veil can penetrate the distinctive nature of a Limited Liability Company, namely limited liability. Departing from this inevitability, the author then formulates the problem in writing this journal, namely why there is a doctrine of piercing the corporate veil in a Limited Liability Company and how the comparison of the imposition of the doctrine of Piercing the Corporate Veil in a Limited Liability Company between the Board of Directors and shareholders is reviewed from the Company Law. The research method used is normative legal research, based on sources obtained through literature studies, in the form of primary, secondary, and tertiary legal materials related to the writing of this journal. This research shows that the presence of the doctrine of piercing the corporate veil in a Limited Liability Company is needed as a form of legal protection for the Limited Liability Company entity and its related parties, and there are differences in the imposition of the doctrine on the Board of Directors of the company and the company's shareholders. The difference in the imposition between the Board of Directors and the shareholders of the company is that, if the Board of Directors is required another article in relation to its good faith in running the company (fiduciary duty), while the shareholders of the company are expressly regulated in Article 3 of the Company Law.
IMPLEMENTATION OF LAND REGISTRATION IN PROVIDING LEGAL SECURITY OF LAND RIGHTS IN JAYAPURA CITY Yulianus Pabassing
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.v21i2.3702

Abstract

This research aims to find out how land registration is implemented in providing legal certainty of land rights in Jayapura City and what factors hinder the system of implementing land sales and purchases to obtain legal certainty of land rights in Jayapura City.In addition, researchers use an empirical juridical research methodology, namely studying events or happenings in society which are social phenomena related to law. The research findings show that the implementation of land registration in order to provide legal certainty of land rights in Jayapura City is carried out in two ways, namely sporadically, that is, registration is carried out individually, secondly, land registration is carried out systematically, namely registration of land rights is carried out en masse or in groups and land registration is carried out. through land registration implementers in accordance with legal mechanisms. Furthermore, related to the factors that cause the implementation of land registration in Jayapura City to not comply with regulations, namely in terms of collecting juridical data and physical data; incomplete facilities and infrastructure; low integrity of the apparatus, and low awareness of the community itself.
IMPLEMENTATION OF THE CIVILIZATION TEACHINGS OF THE NAQSABANDIYAH TARGET IN THE MODERATION OF RELIGIOUS BEHAVIOR OF TNW DAYAH MUDI FRIENDLY SAMALANGA BIREUN STUDENTS Marzuki, Datuk Imam; Arianto, Nanang; Masykuro, Fadhlan
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.v23i1.3703

Abstract

This study wants to see the contribution of Islamic boarding schools in fostering attitudes and behavior of religious moderation. Especially Dayah Mudi Mesra Samalanga Bireun Aceh which teaches the Tarekat every month of Ramadan. This is because several previous studies have revealed findings that there is a connection between Islamic boarding schools and violence in the name of religion. This research uses qualitative methods, with a phenomenological approach. And the target of this research is the Mudi Mesra Samalanga Islamic Boarding School, Bireun Regency. The figures who will be interviewed are teachers and students. This study is also to trace and explain the relationship between the implementation of the congregation's practices and attitudes of religious moderation. By analyzing using empiricism and survival theory. In accordance with the title, namely: Implementation of TNW teachings in the religious moderation behavior of students , the practice of the Mudi Mesra Samalanga Islamic Boarding School, Implementation of TNW Teachings in the Context of Tolerance, Implementation of TNW Teachings in the Context of Brotherhood, and Implementation of TNW Teachings in the Context of Simplicity.
Justice Collaborator Implementation with Law Effectively Approaches in Indonesia setiawan, m-adi; Widowaty, Yeni
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.v23i1.3714

Abstract

Penelitian ini bertujuan untuk mengetahui penerapan justice collaborator dengan pendekatan efektivitas hukum di Indonesia. Selain itu pasal ini menggunakan metode normatif dengan sumber data pustaka dan dokumen hukum peraturan terkait. Temuan dalam penelitian ini adalah justice collaborator pernah mengalami permasalahan mengenai perlindungan hukum terhadap justice collaborator dan penetapan justice collaborator. Justice Collaborator mempunyai banyak kelemahan dalam sistem hukum, dan penetapan justice collaborator, dan banyak ahli berpendapat bahwa undang-undang tentang justice collaborator dan penetapan justice collaborator perlu menciptakan aturan-aturan baru yang dapat menjangkau ranahnya untuk mencapai efektivitas, sehingga keadilan harus ada. dilakukan. Para kolaborator harus memiliki domain hukum yang jelas dalam hal penetapan, perlindungan, dan fasilitas lainnya, dimana peran justice collaborator adalah membantu aparat penegak hukum mengusut pelaku utama kasus korupsi yang mana para justice collaborator akan mendapat ancaman yang membahayakan nyawanya.
The Practice of Identity Politics in North Sumatra: Analysis of Siyasah and Islamic Law Harahap, Hikmatiar; ansari, ansari; khoiri, Nispul
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.v23i1.3748

Abstract

  Abstract                                                                          The background to the problem in this dissertation is related to the practice of identity politics in the 2018 North Sumatra Governor Election with an objective study. The practice of identity politics that can be traced is related to the use of religious and tribal (regional) identities. The 2018 North Sumatra Governor election was attended by two couples, namely Eramas and Djoss. The Eramas couple is Muslim-Muslim while Djoss is Muslim-Christian, as well as in tribal (regional) identity the Eramas couple is identified as a native son while Djoss is perceived as an immigrant even though Sihor Sitorus is from the Batak tribe. Thus, the practice of identity politics in the 2018 North Sumatra Governor Election was analyzed based on the study and approach of Siyasah and Islamic Law. The aim is to find out the background to the emergence of identity politics as well as the views and analysis of Siyasah, Islamic Law, and political parties regarding identity politics. The results of this research are, firstly, the concept of Siyasah can be maximized by Siyasah playing an active role through ta'aruf so that it can minimize the practice of identity politics because ta'aruf leads to understanding and understanding the interests of society while the benefit in the form of the psychological power of goodness is responsibility in the form of unity and eternal and complete unity. Meanwhile, the Islamic Law aspect, emphasizes the ethical-legal concept in the form of the emergence of awareness by all elites and the interest in existing rules that must be obeyed and implemented. Meanwhile, in the political party aspect, more emphasis is placed on cadre education by each party to create militant and enthusiastic cadres. In Siyasah's view, identity politics is a product of siyasah wadh'iyyah which shows failure in carrying out amar ma'ruf or evil in terms of social control in the nation and state.
Islamic Therapeutic Communication in Trauma Recovery of Victims of Sexual Violence at The Technical Implementation Unit of The Aceh Women And Children Protection Area (Uptd Ppa) putri, tisi maulidya; Kholil, Syukur; Zainun, Zainun
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.v23i1.3750

Abstract

  Abstract                                                                          This research aims to find out how Islamic therapeutic communication is implemented in recovering from trauma from victims of sexual violence at the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). This paper uses the Stimulus-Organism-Response (SOR) approach. This research uses qualitative methods with descriptive data analysis. Data was obtained through interviews, document study, and observation. The research informants were the Head of the UPTD PPA, Head of the Administration Subdivision, Head of the Case Follow-up Section, Head of the Reception and Clarification Section, Clinical and Forensic Psychologists, Psychological and Legal Counselors, Social Welfare Workers and Foster Mothers. The research results show the implementation of Islamic therapeutic communication in three stages: 1) Islamic Therapeutic Communication in the Orientation or Introduction Phase, 2) Therapeutic Communication in the Working Phase, and 3) Islamic Therapeutic Communication in the Termination Phase which is carried out by service officers at UPTD PPA with good speech, an attitude full of gentleness, adjusting the language and content of the conversation, conveying information about the real situation about the victim's problem, even though it does not completely heal the trauma, it has an effect on self-acceptance, communication skills, and motivation so that the victim gets closer and closer. repent to Allah. Islamic therapeutic communication that is applied prioritizes empathy and building rapport.
Implementation of the principle of Transparency Good Governance as an Effort to prevent & overcome Judicial Corruption in Judicial Institutions Syauket, Amalia; Wirogioto, Ali Johardi
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.v23i2.3755

Abstract

Anyone who has ever dealt with a case in court will immediately feel and know that judicial corruption exists and is a reality that even tends to increase and become bolder. A series of empirical cases involving judges in the vortex of judicial corruption. Judicial corruption in judicial institutions to date has fundamentally and will continue to threaten the existence of law in society and the Indonesian rule of law because judges are one of the law enforcers. the purpose of this study is to analyze efforts to prevent and overcome juridical corruption. This research is included in a qualitative approach using secondary data. The results of the study state that efforts to prevent judicial corruption by judicial institutions are carried out by optimizing information technology in court administration which is the principle of transparency of good governance, while efforts to handle it through increasing the institutional capacity of the Judicial Commission strengthen by adding authority to the prevention aspect of supervision of judges' behavior through improving the system and organization within the judicial institution which is the principle of government effectiveness. The Judicial Commission is a watchdog institution that acts as a catalyst institutionally and organizationally.
A Sociolegal Study of Trafficking in Women and Children in Indonesia Trubus Rahardiansah Prawiraharja
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.v21i2.3762

Abstract

This research aims to investigate the complex factors fuelling the crime of human trafficking in Indonesia, with a focus on trafficking in women and children. A sociolegal approach was used to understand the relationship between law and society in the context of human trafficking. Research methods, such as surveys, observations, and interviews, were tailored to the complexity of the study and the desired level of analysis. The findings show that human trafficking occurs due to economic, social, and cultural factors, with cases of sexual exploitation, labor, and contract marriage, especially in West Java and North Sumatra. The implication is that the central and local governments should pay attention to human security as a new concept from the national security perspective. Combating human trafficking needs to focus on the factors that make people vulnerable, with cross-border cooperation needed to prevent the movement of this crime before exploitation occurs. This research contributes to a further understanding of the dynamics of the crime of human trafficking. It provides a basis for further policy discussions to engage government, law enforcement officials, and communities in effective countermeasures.

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