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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 1,613 Documents
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Aisyiyah Organization Communication Network In Tuberculosis Prevention In North Sumatra Kholil, Syukur; Yusnadi, Yusnadi; Tambunan, Nurhalima
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.v23i1.3935

Abstract

The purpose of this study was to analyze the communication network built by the Aisyiyah organization in the prevention of Tuberculosis (TB) in North Sumatra. Aisyiyah as Lembaga autonomy Muhammmadiyah who became one of the government fatners in the eradication of tuberculosis. Eradication of tuberculosis is something that must be done in breaking the chain of the spread of tuberculosis that is of concern to the world because the disease is very fast spreading and is the no. 2 deadly disease after HIV Aids. Transmission is through people infected with tuberculosis coughing and removing mycobacterium bacteria. The research methods used are descriptive through qualitative approaches. The informant in this study was the Head of Aisyiyah Region of North Sumatra, TB-HIV Care Aisyiyah Team of North Sumatra. Data collection techniques through interviews, observations, and documentation. The results showed that the communication network built by Aisyiyah North Sumatra in the prevention of Tuberculosis by forming TB-HIV Care Aisyiyah.  Cadres as implementers who plunge into the community to the village level in helping to provide services in collaboration with puskesmas services. Cadres in carrying out this humanitarian task always put forward human values by not paying attention to race, religion, or ethnicity.  For cadres to be able to carry out tasks in the field are given debriefing that supports competence in the form of knowledge related to TB, effective communication and evaluation, and reporting, in addition, cadres in performing their duties are provided facilities such as jackets of pinaster marks, participant cards as TB cadres. . As for the reporting made by cadres so that sufferers, suspects more easily obtain drug services that can later be obtained from the nearest health center whose treatment is provided by the government for free. The recruitment of these cadres is usually done through Aisyiyah studies or can be done through other channels such as through social media, and in coordination with other organizations or associations such as the PKK Mother
Wapwapek Ambover Traditional Wisdom of the Napa People in Dispute Resolution pondayar, yustus
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.v22i2.3942

Abstract

This research aims to understand Wapwapek Ambover: the traditional wisdom of the Napa People (Subetnik Biak) used in dispute resolution which can be adopted as a contextual model that is considered suitable for resolving disputes effectively, thoroughly and with dignity. The method used in this exploratory research is supported by two empirical research methods, namely exploratory and descriptive methods to obtain ethnoscientific data on the Napa People, which is still relevant in dispute resolution supported by triangulated interview and observation techniques. The results of the research found that Wapwapek Ambover is the wisdom of the Napa people in dispute resolution efforts, namely the traditional court called fuknuser under the Kankain Kakarara Vyak institution, and four forms of violence: structural (political), resolved with material fines, which ends with the sacred ritual of Wapwapek Ambover " reed-cutting oath', as a model for achieving harmony and peace. Wapwapek Ambover is a model of effective dispute resolution, according to Napa people.
UU No. 5 of 2014 as The Basis for BKN's Collaborative Work with The Ministry of PAN and Bureaucracy in the ASN Context Miharja, Marjan -
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.v21i1.3943

Abstract

One area of change in bureaucratic reform can be implemented if there is a competent state civil apparatus. One of the competent civil servants is in the field of human resources, namely employees who have an educational background according to the position given to them. Bureaucratic reform in Indonesia conducted through Law No. 5 of 2014 on State Civil Apparatus has not yet presented its maximum results. The rising cases of buying and selling job promotions by the head of the region is one of the indicators. The purpose of this research is to describe and analyze the relationship between the National Civil Service Agency and the Ministry of State Apparatus Utilization and Bureaucratic Reform based on Law No. 5 of 2014 on State Civil Apparatus. The research used the descriptive qualitative method with normative juridical analysis and data collection is carried out through literature studies. The secondary data collected from documents and texts related to the research topic, be it books, articles journals, or others. The results of this studyshow that as long as the civil service development officials are still carried out by political. This results of this study show that as long as the oversight task is still carried by political officials, and bureaucracy dependence on politics is simultaneously strong, political neutrality and professional bureaucrats are difficult to be created. While, the negative impact will be received by people as the users of their services. This research recommends that the role of oversight officers is given to bureaucratic career officials through the revision of UU ASN. KASN will consequently have a role to ensure that every bureaucrat will perform its role as the executor of any policy made by political officials. With this revision, thus, ASN will be a professional in carrying out its duties, which needed in making effective governance
OPTIMIZATION OF ZAKAT MANAGEMENT BY BKM MASJID IN MEDAN CITY PERSPECTIVE OF LAW NO.23 OF 2011 Halim, Abdul; Pagar, Pagar; Tanjung, Dhiauddin
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.v23i1.3945

Abstract

Law No. 38 of 1999, later amended by Law No. 23 of 2011 on the Administration of Zakat, provides the legal basis for the administration of zakat in Indonesia. These laws and regulations recognise only two entities, namely the National Zakat Amil Agency (BAZNAS) and the Zakat Amil Institution (LAZ), as the legal managers of zakat in Indonesia. In Medan, there are two types of amil zakat, as well as community-formed amil-amil zakat who manage zakat at the mosque level, specifically for zakat fitrah. It is important to note that some of these mosque-level Amils have been approved by the state through a sub-unit framework known as the Zakat Collection Unit (UPZ). Meanwhile, some of these amil-amil have not yet been approved by the state and are only based on the policies of the Prosperity Board (BKM) of each mosque. In Islamic Jurisprudence, the appointment of an amil is carried out by the authority of the caliph/sultan (state). In this case, the amil's position is as a representative of the zakat mustahik. It is important to note that the appointment of an amil should be approved by the state to ensure compliance with Islamic Jurisprudence. This research aims to address three problems related to the establishment and management of zakat at the mosque level in the city of Medan, according to Law No. 23/2011. Specifically, the research will examine: 1) the procedure for establishing zakat amil at the mosque level, 2) the management of zakat by the zakat amil at the mosque level, and 3) ways to optimise the management of zakat by the zakat amil at the mosque level. The language used is clear, objective and value-free, with a formal register and precise word choice. The text follows conventional structure and format, with a consistent style of quoting and footnoting. The sentences and paragraphs create a logical flow of information with causal links between propositions. The content has not been changed. This research has identified three key findings in this area. Firstly, the procedure for establishing Amil Zakat at the mosque level in the city of Medan is based on the policy of each mosque administrator (BKM). Secondly, the BKM's policy is then confirmed (validated) through the UPZ system by the National Amil Zakat Agency (BAZNAS) of the city of Medan. Finally, it is recommended that a more standardised procedure be implemented to ensure consistency across all mosques in the city. Zakat administration at the mosque level in the city of Medan is an ancillary activity that takes place only during the month of Ramadan and mainly within the framework of Zakat fitrah. During the collection phase, Amil opens a zakat booth at the mosque or at the BKM office, and potential muzakis come to the mosque to pay their zakat. Mosque Zakat Amil uses two methods: the coupon method and the delivery method for the distribution stage to the mustahik. Under the voucher system, a Muslim must present a voucher at the mosque in order to collect his zakat. Currently, the optimisation of zakat management in mosque zakat amil is limited to the collection and distribution stages, without taking into account the utilisation of zakat. Optimising Zakat collection is achieved through Zakat education, specifically by choosing recitation or lecture topics that focus on Zakat and by starting the Zakat collection period at the beginning of the month. During the distribution stage, optimization is achieved by prioritising mustahik selection, with a focus on actual mustahik. This research has found that there is little coordination between the Zakat Amil of the mosque and the BAZNAS, as well as between the Zakat Amil of the other mosques. It is important to address this issue in order to improve the effectiveness of the Zakat distribution.
Analysis of Constitutional Court Decisions Regarding the Executorial Power of Fiduciary Guarantee Certificates Arief, Anggreani
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.v22i3.3947

Abstract

The executive power over Fiduciary Guarantee Certificates in its implementation creates many problems. According to the provisions of Article 15 section (2) and section (3) of the Fiduciary Guarantee Law, which in essence states that the Fiduciary Guarantee Certificate has the same executive power as a court decision that has obtained permanent law, if the debtor defaults, the creditor as the fiduciary recipient has the right to sell the collateral object fiduciary. The fiduciary recipients have often used the statement as an excuse to sell collateral objects unilaterally without going through proper legal procedures to the detriment of the fiduciary giver. This research aims to analyze the legal reasons of the applicant and the ratio decidendi of the Constitutional Court's Decision. The research method is normative legal research through the use of primary data and secondary data, which is analyzed in a qualitative method and shown descriptively. Based on the results of the research, as regulated in Article 15 section (2) and section (3) of the Fiduciary Guarantee Law, the content should further restrict the execution procedure so that it can be carried out under the execution mechanism of a court decision with permanent legal force. Ratio decidendi Constitutional Court Decision No. 18/PUU-XVII/2019 is given conditions for fiduciary guarantees, that implementation of the Fiduciary Guarantee Certificate must be conducted and apply the same as executing court decisions that have permanent legal force
Implementation Of Mining Management And Enterprise Policies Based On The Principles Of Social Justice And Community Welfare Pelupessy, Eddy -
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.v22i3.3950

Abstract

This research aims to find out and understand the management and exploitation policies of mining natural resources, as well as to know and understand the application of the concept of community-based justice in the management of mining natural resources. Using a socio-cultural juridical approach, that law cannot be separated from people's lives. Data collection techniques were carried out by means of interviews, distributing questionnaires and observation. The results of the research reveal that constitutionally the management and exploitation of mines based on community justice has been carried out in three ways, namely regulation, management and supervision. Mining industry practices in Bogobaida District, Noumowodide Village, Paniai Regency, found illegal gold mining practices carried out by mining companies and the community around the mining area itself, they did not apply the principles of gold mining work that were good and beneficial for future generations. Therefore, to maximize legal protection and apply the concept of local community-based justice in a number of mining areas, the Paniai Regency Government has issued Paniai Regent Decree Number 14 of 2014 concerning the termination of Unlicensed Gold Mining Activities (PETI) in the Bogobaida District, Noumowodide Village. Regency/City Regional Governments must be proactive in mapping mineral potential in their areas and must pay attention to licensing provisions regulated by government policies in the mining, mineral and coal sectors.
Legal Responsibility of Insurance Companies for Actions of Default in Insurance Agreements Yasid, Muhammad -; Siregar, Gomgom TP; Lubis, Muhammad Ansori; Devi, Ria Sintha
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.v22i3.3951

Abstract

Insurance is one way to help the community in diverting risks from events that are not necessarily going to happen. In this case the insurance company as the insurer has an obligation to fulfill the agreement that has been agreed by him with the insured which is called the policy agreement. However, in practice, not a few insurance companies default on insurance agreements. This study uses a normative juridical method with a qualitative descriptive analysis. Based on the results of the study it was concluded that the legal responsibility that must be carried out by the insurance company against default in the insurance agreement is the fulfillment of the rights of the policyholder as the insured of the insurance, namely compensation to the insured for achievements that were not carried out by the insurance company. The insured party can sue the insurance company if it defaults, besides that if the insurance company defaults, the insurance company can be given sanctions such as written warnings, fines, restrictions on business activities, up to revocation of business licenses
Optimization of The Use of The I-24/7 Network System by Bagkominter to Overcome Transnational Crime The Realization of Modern Police in The Era 4.0 Sari, Nufani Puspita; S, Basir -; Yola, Lin -
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.v22i3.3952

Abstract

Indonesia has committed and is ready to implement Industry 4.0 to build a globally competitive manufacturing industry. Polri participates in supporting Indonesia towards the 4.0 era. Through precision towards modern policing, it is hoped that all police officers must be able to make good use of digital technology and continuously improve their capabilities in its implementation. The International Communications Section or abbreviated as Bagkominter has the main task of organizing and developing an information exchange system in efforts to prevent and eradicate international/transnational crimes through the INTERPOL network (I-24/7), ASEANAPOL and other information facilities; as well as collecting information and data processing. Based on the explanation described above, the problem will arise "How to optimize the use of the I-24/7 Network System by the Kominter Unit to Overcome Transnational Crime in the Context of Realizing Modern Police in the 4.0 era?". From these main problems, the author also creates problems, including: "How do you optimize human resources, budget support, infrastructure and methods in using the I-24/7 network system by Bagkominter?" The approach used in this thesis is qualitative by using descriptive analysis method. Data collection techniques using interviews. Data analysis techniques using data reduction. data presentation, and drawing conclusions. Based on the research results, it can be explained that there is still a limited number of personnel and personnel competence, the operating budget for the I-24/7 network system is still inadequate, the facilities and infrastructure owned are still inadequate and the methods for dealing with transnational crimes are still not running optimally
WIFE BEATING IN SOCIAL AND LEGAL PERSPECTIVE IN INDONESIA Zulkarnain, Noni; Rizki, Dian; Istiawati, Sri; Saniah, Saniah
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.v22i3.3954

Abstract

This study aims to determine the act of wife beating according to the views or perspectives of sociology and law in Indonesia and also to find out the thoughts and understanding of Law Number 23 of 2004 concerning the Elimination of Domestic Violence in terms of loading on sanctions for perpetrators of wife beating. The techniques used in data collection through normative research and social aspects are further methods of collecting matari and literature data from, legislation, and various reading sources with national and international integration, used analysis techniques in qualitative form. The conclusion obtained is that in terms of sociology and law in Indonesia the act of beating a wife is an act that is prohibited both in terms of sociology and law, but in the application in society there is still a development of misunderstanding and ignorance in this matter. In solving the problem, the presence of regulations of Law No. 23 of 2004 concerning the Elimination of Domestic Violence is not only seen, read and heard but also implemented properly, because it requires a combination of personal and social matters, and is supported by a strict legal system in taking action against the perpetrator, providing very strict legal sanctions and also appropriate for those who commit acts of wife beating in society so as to create a fair, peaceful and safe quality of life.                                                       
Implementation of Husband's Rights to Annul Marriage Due to False Identity in the Religious Courts of Metro Lampung City Husin, Huzaini; Huzaimah, Arne; Jalaluddin, Jalaluddin; Ipansyah, Nor; Orba Manullang, Sardjana; Fitriyanti, Vivit
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.v22i3.3955

Abstract

At this time, in the contemporary and modernization era, it is easier for couples who want to get married, especially with economic conditions that have begun to recover from the influence of the pandemic, so this is very supportive of quickly achieving their desire to marry. For couples who have previously been married and want to remarry, of course there are other requirements that must be met. Thus, sometimes some couples take shortcuts in falsifying their identity, such as being a widow or a virgin, in order to achieve their desire to get married officially. This is not impossible, in fact, it often happens that prospective female partners deliberately fake their identities to be accepted by male partners who are still virgins. The main problem in this research is how to implement the husband's right to annul the marriage due to falsifying the identity of the prospective wife, as well as how the judge's legal considerations are in resolving this problem. This study uses qualitative research methods with a normative descriptive approach. Data sources are based on literature studies and court decisions which are then analyzed using the content analysis method. The research results prove that the husband's rights in cases of identity fraud by his future wife are protected by the state based on statutory regulations so that the husband can take legal action to defend his rights. The judge in this case has given appropriate legal considerations so that no party is harmed as a consequence of their respective actions.

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