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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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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 Anggreani Arief
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 Eddy - Pelupessy
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 Muhammad - Yasid; Gomgom TP Siregar; Muhammad Ansori Lubis; Ria Sintha Devi
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 Nufani Puspita Sari; Basir - S; Lin - Yola
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 Noni Zulkarnain; Dian Rizki; Sri Istiawati; 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 Huzaini Husin; Arne Huzaimah; Jalaluddin Jalaluddin; Nor Ipansyah; Sardjana Orba Manullang; Vivit Fitriyanti
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.
The Responsibility of a Sea Freight Transport Management Services Company for Damage to Goods in a Third-Party Logistics Agreement Ramadhani, A. Zainur Rasyidi; Vandawati, Zahry; Subagyono, Bambang Sugeng Ariadi
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.v23i1.3958

Abstract

This research aims to analyze the limits and forms of accountability carried out by Freight Forwarding companies which are based on TPL agreements. This research is normative legal research with a conceptual, case and statutory approach. The research results confirm that Freight Forwarding's liability limits only cover damage and loss of goods resulting from errors and/or negligence from management and logistics management aspects which are direct losses. In connection with losses that are consequential or indirect, responsibility cannot be held. Liability is excluded in the event of force majeure or losses caused by the carrier. The form of accountability that must be given by Freight Forwarding regarding its mistakes is that first Freight Forwarding must be able to prove that it is not guilty according to the principle of presumption of liability. However, if Freight Forwarding cannot prove that it is not at fault then the form of liability that Freight Forwarding must provide is compensation as specified in the TPL agreement.
The Dilemma Of Indonesia’s Coal Policy In 2020-2060: A Modality Of State Revenue Andreas Tedy Mulyono; Eka N.A.M. Sihombing
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.v22i3.3964

Abstract

Coal commodity management policies in Indonesia are closely related to efforts to reduce carbon emissions and increase carbon sequestration. This has the potential to create regulatory synchronization problems because it relates to sectoral challenges from the relevant ministries and/or agencies. To describe the synchronization problem, this research uses a normative juridical method with a statute approach and a conceptual approach. The results of this study are that there are three ministries that are directly or indirectly related to coal management, namely the Ministry of Energy and Mineral Resources, the Ministry of Environment and Forestry, and the Ministry of Finance. The conclusion is that although the 2005-2025 national development target has been announced by the Government, particularly regarding the NZE2060 target, it turns out that the implementation of the regulations in the three ministries has experienced predicaments that have resulted in a dilemma of synchronizing the national climate policy. However, short-term policies implicitly indicate the modality of state revenue as a priority
The Role of Motive in Premeditated Murder Rukanda, Lalu Muhammad; Harun, Rina Rohayu; Ufran, Ufran
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.v23i2.3968

Abstract

The motive behind a crime is contingent upon the perpetrator's mens rea, or their inner attitude and intention, to carry out an actus rea, or the actual commission of a wrongful act. This study seeks to offer a comprehensive examination and evaluation of the significance of discerning the purpose as a means for courts to ascertain the underlying circumstances of planned homicide, so enabling judges to render suitable and equitable judgments. This study employs a normative juridical methodology, which centers on doing literature and legislation research with analytical descriptive research parameters. The research findings indicate a lack of comprehensive elucidation on the motives outlined in Article 340 of the Criminal Code. Hence, the utilization of motive is constrained to the principles of law and the personal judgment of the presiding judge in the trial. As there is no analysis of the underlying intention, the Panel of Judges is not obligated to establish a motive for the homicide based on the information presented. Consequently, a range of conclusions were rendered, with some resulting in acquittal and others in conviction, as the judge did not establish any reason for the murder based on the evidence presented. Nevertheless, according to the Indonesian edition of the Criminal Code, Law no. 1 of 2023, the motive mentioned in Article 54 Paragraph (1) Sub B of the Criminal Code must be present prior to the verdict.

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