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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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The Hijriyah Calendar Perspective Islamic Law: What and How? Misbah Khusurur; Istikharoh Istikharoh; Muhammad Anis Afiqi; Muhajir Muhajir; Mickael Jordan Wirayudha
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.v22i3.3763

Abstract

In various countries with a Muslim majority population, the use of the Hijri calendar in Islamic law has significant implications. This calendar affects legal practices such as the determination of the start of Ramadan, family law, prayer times, and religious celebrations. However, there are differing opinions and challenges in harmonizing Islamic legal provisions based on the Hijri calendar with national positive law. The purpose of this research is to identify the significance of using the Hijri calendar in the context of Islamic law and to understand how its use adapts to changes in time and globalization. The research method used is normative legal research with a legislative approach and the analysis of legal documents and legal literature to identify the use of the Hijri calendar in Islamic law. The data analysis technique used is a qualitative approach to answer research questions about the contribution of the Hijri calendar to Islamic law and its adaptation to changes in time and globalization. The results of the research show that the use of the Hijri calendar in Islamic law has significant impacts, including the determination of the start of Ramadan, influence on inheritance law, determination of prayer times, and commercial transactions. Furthermore, the Hijri calendar reflects the religious and cultural values in Muslim society, although there are challenges regarding the recognition of Islamic law in different legal contexts. This research highlights the importance of a thorough understanding of the use of the Hijri calendar in Islamic law. Additionally, the adaptation of the Hijri calendar to changes in time and globalization involves changes in determining the start of Ramadan, its use in civil law, adjustment to time zones, its role in international agreements, and dealing with conflicts with the Gregorian calendar
Advocating for Disability Voting Rights in Framework Ius Constituendum Taupiqqurrahman, Taupiqqurrahman
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.v23i1.3767

Abstract

Protecting and guaranteeing the rights of every citizen is the obligation of the state, but in fact there are still acts of discrimination in the rights of citizens experienced by persons with disabilities. One form of discrimination carried out is related to political rights by setting physical health requirements for prospective members of the DPR, provincial DPRD, and district/city DPRD. Although there is no definite limit to measure the level of physical health. In addition, the electoral law contradicts the law on persons with disabilities which states that persons with disabilities have political rights. The electoral law should provide an open space as a means for people with disabilities to become part of public office.  However, this will not be realized without a special quota for persons with disabilities to run as candidates for legislative members, as is the case with the quota of 30% female representation as prospective candidates for the DPR / DPRD and the determination of persons with disabilities as workers in government agencies at least 2% and 1% for private companies. Therefore, regulations should be added related to special quotas for persons with disabilities to become candidates for representation from political parties as election participants
Responding the Crime of Running Away from Underage Girls: is Mediation the Right Solution Achmad Arifulloh
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.v21i2.3777

Abstract

The research was based on the large number of criminal cases of running away underage women that occurred in Demak Regency. This research aims to find out and understand the legal construction of the crime of running away from underage women, the factors that cause the crime of running away from underage women, and the process of resolving the crime of running away from underage women through mediation. The research method uses a juridical-sociological approach. The results of this research show that the legal construction of the criminal act of running away from underage girls according to the Criminal Code is regulated in Article 332 and Article 82-83 of Law Number 23 of 2002 concerning Child Protection as amended by Law Number 35 2014 concerning Child Protection and must have elements of the subject running away, the object being run away and the act of taking them away. And the factors that cause the crime of running away from underage girls are factors: 1) lack of social interaction, 2) economic factors, 3) parental attention factors, 4) educational factors, and 5) low religious knowledge and the process of resolving criminal acts. Escaping minors through mediation is carried out in the following stages: 1) Report/complaint reception stage, 2) Forum formation stage, 3) Problem deepening stage, 4) Final settlement stage and determining the results of the agreement, 5) Stage involving community leaders, and 6) Mediation ending stage.
LEGAL STRENGTH OF POWER OF ATTORNEY OF IMPOSING GUARANTEE RIGHTS REGARDING THE ISSUANCE OF REGULATION OF THE HEAD OF THE NATIONAL LAND AGENCY NUMBER 8 OF 2012 Ni Putu Sawitri Nandari; Ketut Elly Sutrisni; Wayan Suderana
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.v22i3.3789

Abstract

The Power of Attorney for Imposing Mortgage is a special power of attorney, does not contain the power to take other legal actions other than imposing Mortgage as stipulated in chapter 15 of Law no. 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (UUHT). Notary as a Public Official who is authorized to make authentic deeds is also authorized to make a Power of Attorney to impose Mortgage in accordance with the provisions stipulated in Law Number 2 of 2014 concerning the Position of Notary (UUJN). However, in its development the process of making a Power of Attorney for Imposing Mortgage by a Notary experienced obstacles which became a problem in writing this thesis which was related to the Regulation of the Head of the National Land Agency Number 8 of 2012 concerning Amendments to the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning provisions for the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration. This research is a normative research, namely by looking for legal materials based on library research. Legal materials obtained from library research will be analyzed using a qualitative descriptive method. The type of approach used is the legal concept analysis approach and the approach through laws and regulations. The results of the study show that the Power of Attorney for Imposing Mortgage made by a Notary after the issuance of Regulation of the Head of the National Land Agency Number 8 of 2012 has permanent legal force. Notaries have their own legal umbrella within their authority to make a Power of Attorney to impose Mortgage as stipulated in UUJN. Therefore, the provisions contained in the Regulation of the Head of the National Land Agency Number 8 of 2012 cannot be applied to Notaries. 
Legal Politics in The Implementation of Legalization Abortion Caused by Rape Wulandari, 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.v23i1.3790

Abstract

Political power greatly determines the formation of legal rules in realizing people's expectations regarding the enactment of the law. One manifestation of the implementation of legal politics is the enactment of legislation in the context of legalizing abortion due to rape. This research aims to analyze the legalization of abortion as well as efforts to prevent abortion and not vice versa to provide space for abortion which leads to an increase in adulterous behavior by creating a systematic, factual and accurate picture. The research method is normative juridical using secondary and primary data. In positive Indonesian law, abortion is prohibited and is a type of crime. The Health Law and PP on Reproductive Health have a specific objective, namely ensuring the fulfillment of the right to continue life (HAM) and reproductive health through safe, effective and affordable health services, therefore, abortion with indications of a medical emergency and rape are exceptions to the prohibition on abortion.
CHILD PROTECTION FROM THE PERSPECTIVE OF ISLAMIC LAW AND THE CONVENTION ON THE RIGHTS OF CHILDREN IN MEDAN CITY Muazzul Muazzul; Asmuni Asmuni; Mhd Yadhi Harahap
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.v22i2.3794

Abstract

In particular, handling children's problems is included in the social rehabilitation sector which is under the Social Rehabilitation Section for Children and the Elderly Outside of Homes and/or Institutions, although it is also related to other sections within the Medan City Social Service. The importance of this study is to carry out integration between the concept of human rights in the global context and human rights in Islam. It still needs to be reduced to an integrated child protection concept, so that it can be implemented in the form of policies in the local context, especially in the field of social welfare. To derive these two concepts, a systems approach is needed that can explain the position and role of the CRC and Islamic law in child protection and the role of the Medan City Government, especially within the Medan City Social Service, in implementing existing policies. This research uses a qualitative approach to describe and analyze how Islamic law and the Convention on the Rights of the Child (CRC) view child protection from their respective perspectives and will then be analyzed as a whole. The role of the Medan City Social Service relating to the field of child protection is carried out through the duties of the Social Rehabilitation Sector, in point (g) that "Guidance, development and control of social service efforts in the field of social rehabilitation services for street children, abandoned children, delinquent children and service provision for neglected elderly people and social rehabilitation of delinquent children.
THE EFFECTIVENESS OF ARBITRATION AS AN EXPENSIVE ALTERNATIVE DISPUTE RESOLUTION Rahmatsyah Rahmatsyah
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.v22i2.3796

Abstract

Arbitration is an alternative non-litigation dispute resolution which has great demand but it has many weaknesses including the high cost of arbitration and decisions that cannot be executed immediately if registration has not been made at the District Court. Thus, the purpose of the analysis are 1) to analyze the juridical value of arbitration when compared to dispute resolution by litigation and 2) to analyze the effectiveness of arbitration as an effort to settle disputes outside of the court system. This study employed a normative legal methodology. The following are the outcomes of this study: Arbitration is a form of alternative dispute resolution that is widely utilized by individuals, individuals and legal entities, between legal entities, etc. in the context of commercial law. Arbitration is widely chosen because dispute resolution is carried out in a closed, flexible and faster way than litigation and has binding legal force. Arbitration has more value, if the process is carried out correctly, observant in analyzing the problems and fulfilling the elements of the rules regarding the execution of the arbitral award. 2) The arbitration will be legally binding if the parties comply with the arbitration rules in the country where the matter will be executed.. Conclusion: arbitration remains an effective non-litigation dispute resolution option but must pay attention to the arbitration process and provisions so that the parties' awareness will arise to register the results of the arbitration decision and comply with the arbitration law applicable in each country.
IKN HAS THE POTENTIAL TO DAMAGE THE ENVIRONMENT: AN ANALYSIS OF THE LEGAL POWER OF IKN BASED ON THE ENVIRONMENTAL LAW Tamaulina Br Sembiring; Budi Sulistiyo Nugroho; Didik Suhariyanto; Mardi Widodo; Emmi Rahmiwita Nasution
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.v22i1.3797

Abstract

One of the primary difficulties in the development of the Indonesian National Capital (IKN) is the environment. According to predictions, the construction of IKN infrastructure could have an adverse effect on the environment, potentially affecting biodiversity, regional landscape quality, the amount of carbon stored in the forests, water availability, pollution, trash, noise, and drainage systems. In addition to having an influence on the environment, IKN development may also have an impact on social issues including land disputes brought on by property seeking and unauthorized land use. A conceptual and statutory approach is applied in the study method used to investigate current legal issues. The purpose of this research is to examine and assess how the government should manage and safeguard the environment in light of the move of the country's capital. The findings of this study suggest that shifting the country's capital will have an impact on the region around Kutai Kartanegara Regency. The management and conservation of the environment in the territory designated as the new nation's capital falls under the purview of the government, particularly regional governments. If someone violates or does not abide by the sustainability and welfare of the region, legal action can be taken, including administrative measures like filing objections, preventive and repressive protection, as well as providing sanctions in the form of fines and imprisonment.
The Implications of Law No. 11 2020 Concerning Job Creation on Regional Spatial Planning and Watershed Management Haris Budiman; Suwari Akhmaddhian; Erga Yuhandra
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.v22i3.3798

Abstract

In 2020, the government issued Law Number 11 of 2020 on Job Creation. This law has received numerous criticisms from the community, especially in the effort to realize self-sufficiency, security, and food sovereignty, as well as to protect agricultural land from the threat of land conversion. The government, on the other hand, claims that a job creation law, often known as omnibuslaw, can simplify and integrate fundamental permits from laws pertaining to location, environmental, and building permits. The problem under study was the implications of Law Number 20 of 2020 concerning Job Creation on spatial planning and watersheds management, employing a normative research method. The results highlight that the aforementioned law has reconstructed law number 26 of 2007 concerning Spatial Planning, which uses digital maps in the determination of RDTR, the integration of spatial planning and zoning plans, as well as the creation of single map policy to overcome land intersection, influencing permits in the regions. In addition, law number 41 of 1999 concerning Forest Area Limits has also been reconstructed, governing the adequacy of forest areas and forest cover in watersheds, which must be maintained at least 30 percent of the area of river basins. The 30% loss of the forest area may result in policy liberalization and the uncontrolled utilization of forest lands for industrial and commercial purposes. At the end, it will exacerbate tensions between spatial planning and watershed management, especially in preserving the adequacy of forest areas and forest cover in watersheds, which is critical to preventing erosion, landslides, and floods, as well as sustaining tree stands, litter, and undergrowth plant.
Legal Accountability of Police Members Affected by Criminal Cases Hadi Purnomo
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.v20i2.3802

Abstract

Criminal cases involving members of the National Police often raise concerns regarding the professionalism, integrity and image of the police institution. Therefore, this research will explore the legal aspects that underlie the responsibility of Polri members in the context of criminal cases. The responsibility of members of the National Police who commit criminal acts includes responsibility for the code of ethics and criminal responsibility. This research methodology involves normative law regarding the laws and regulations that regulate the legal responsibilities of Polri members. The research results show that legal accountability for Polri members involved in criminal cases has significant implications for the integrity of law enforcement agencies. Criminal cases involving members of the National Police can harm the image of the institution in the eyes of the public, and therefore, law enforcement must be carried out firmly, transparently and in accordance with applicable legal norms. Research also reveals that the concept of the rule of law and the balance between criminal law, Disciplinary Regulations, and the Police Professional Code of Ethics play an important role in maintaining the honor of the institution and providing justice to the community. The research conclusions highlight the need for professionalism of the apparatus, adequate facilities and infrastructure, positive public perception of the law, and the formation of a strong legal culture to create an effective and fair legal environment in maintaining security and public order.

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