cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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
 30   31   32   33   34 
Punishment Of Perpetrators Of Criminal Acts That Intentionally Place And Carry Out Economic And Sexual Exploitation Of Children Is Linked To The Principle Of Justice Purba, Nelvitia -; Marlina, Marlina -; Batubara, Ismed -
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.v23i1.4037

Abstract

Law is a social control instrument that may be used to decide or regulate people's conduct to ensure that it complies with the law. One of the crimes that is increasingly gaining attention worldwide is Commercial Sexual Exploitation of Children (CSEC), which is defined as the use of girls and/or boys for sexual activities that are paid for with cash or in kind items. Law enforcement and the government have made an effort to combat the crime of commercial sexual exploitation of minors by enforcing laws and implementing measures such as requiring judges to be courageous and experienced in executing the law in order to achieve justice. There are still many instances of child prostitution, which calls for a more thorough investigation.
The Fairness Principle in Regulation Regarding Sole Proprietorship: How it Works? I Made Tegar Dewanta; Suatra Putrawan
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.v22i1.4041

Abstract

The formation of a Sole Proprietorship for Micro and Small Enterprises (MSEs) is one of the legal policies of the Job Creation Law, which is then followed up in the government regulations on Individual Companies for MSEs, which in concept paradigm changes the conception of a Limited Liability Company which was initially a stock partnership into a legal entity that can be formed due to a share partnership or partnership. This study explores the fairness principle concerning the legal policy of establishing a Limited Liability Company for MSEs in Indonesia through the Job Creation Law and its derivative regulations. This research is normative legal research. The results of the study confirm that the existence of MSEs in the Employment Creation Act and the PP for Individual Companies for MSEs is more substantial because in addition to obtaining legal certainty guarantees through the form of corporate legal entities, they also have the orientation of various legal protections that accompany them. That is related to the state's efforts to facilitate MSEs so that they can be empowered and become an effort to increase competitiveness in the business sector. In addition, the fairness principle in the regulation regarding individual companies has been correct as formulated in the Job Creation Law and its implementing regulations. It is also necessary to improve the legislators' efforts, especially when the job creation law is still unconstitutional, with conditions to further emphasize the fairness principle in establishing a sole proprietorship for MSEs
Ethics Analysis And Legal Protection Of Sexual Abuse Of Children With Disabilities wiranda, aditya nefa; Widowaty, Yeni
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.v23i2.4042

Abstract

Penelitian ini bertujuan untuk menganalisis etika dan perlindungan hukum, serta mengembangkan pemahaman lebih dalam mengenai dampak pelecehan seksual terhadap anak penyandang disabilitas. Selanjutnya pasal ini menggunakan metode yuridis normatif. Penelitian ini berupaya menjelaskan dan mendeskripsikan secara rinci norma-norma hukum yang berkaitan dengan perlindungan anak penyandang disabilitas dari kekerasan seksual. Temuan dalam penelitian ini adalah bahwa perlindungan hukum terhadap pelecehan seksual terhadap anak penyandang disabilitas memerlukan pendekatan yang holistik. Undang-Undang Nomor 8 Tahun 2016 memberikan landasan yang kuat dengan menekankan persamaan hak dalam peradilan dan aksesibilitas fasilitas umum. Strategi perlindungan, seperti norma khusus, hukuman berat, sistem peradilan yang responsif, dan pengawasan, menunjukkan komitmen penuh untuk mewujudkan keamanan dan keadilan. Konsep negara hukum materiil mendukung perlindungan preventif dan represif, menjamin pelaksanaan yang efektif. Pertimbangan dan analisa hakim terhadap etika hukum merupakan pilar utama dalam menegakkan keadilan, etika, dan hak asasi manusia. Dengan mengintegrasikan seluruh aspek tersebut, maka sistem perlindungan hukum dapat optimal dalam melindungi anak penyandang disabilitas dari pelecehan seksual secara adil dan beretika.
Analysis of rulings in former pretrial applications Chairman of the Corruption Eradication Commission (KPK) bachri, syamsul
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.v23i2.4043

Abstract

Pretrial in the Indonesian judicial system always raisessubjective views, therefore the decisions of many times ofmisapplication of the law are included in the pretrialapplication of the former chairman of the FB CorruptionEradication Commission, which was later rejected by thepanel of judges on unprofessional grounds, but evenwhen the corruption case was suspected by theCorruption Eradication Commission and allegedly filed apretrial even granted, that it can be perceived as if thereis such a grudge that the subjective view is used in anunfair way, why is it so that pretrial petition. That thepretrial filed by the FB applicant at the South JakartaNeferi Court not only pays attention to what is regulatedin the Criminal Code, Criminal Procedure Code but thereare laws above it, namely the 1945 Constitution, theJudicial Power Law then the Criminal Code and theCriminal Procedure Code, by looking at the hierarchy oflaws and regulations mentioned above, there will be nolegal process without going through the 1945Constitution, therefore it refers to the 1945 Constitution.Because it is regulated in article 27 of the 1945Constitution, the law and its derivatives also regulate asa manifestation of the 1945 Constitution, where in theframework of Law of the Republic of Indonesia Number27 of 1999 concerning Amendments to the Criminal Codeletter (a reads: that human rights are basic rights that areinherently inherent in human beings, including the rightto obtain legal certainty and equality of position in thecountry. in law, the rights of expression, association andassembly based on Pancasila and the 1945 Constitution;
Handling of medical malapractice criminal in criminal Law policies Muhammad Yusuf
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.v21i2.4045

Abstract

The study aims to determine (1) the applicable current criminal law policy concerning the  medical malpractice. (2) the future criminal law concerning the medical malpractice,and (3) the mechanism for medical malpractice settlement. The study uses normative juridical approach that is bibliographical review to obtain the secondary data. The study reveals that: 1. The settlement of medical malpractice in the current positive law is in the articles : 267, 322, 344, 345, 349, 359, 360, 386, and 531 of the Criminal Code, and Articles : 190,192,193,194,195, and 196 of the Law No. 36 of 2009 of Health, articles 75,76,77,78,79, and 80; Law No. 29 of 2004;Indonesian positive law of either Penal Code, Law No. 36 of 2009 on Health, Law No. 29 of 2004 on Medical Practice Law,or the post-verdict of Constitutional Court has not specifically covered malpractice. 2. The future criminal law policy in the settlement of medical malpractice has to be driven from the positive law, particularly Articles 575,576,578,589,592, and 593 of Penal Code draft of 2008. 3. The mechanism of malpractice case settlement for both criminal and civil law suit between doctors and hospitals against the patients and the family or their representatives can be done either in litigation (in court) or in non-litigation (outside court)
The Role of Visum Et Repertum in Exposing Criminal Acts of Persecution (Study of Decision Number 330/Pid.B/2023/PN. Cbi) Prawitasari, Nining Yurista; Sayudi, Akbar
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.v23i1.4048

Abstract

The purpose of this study is to determine the important role of Visum Et Repertum in proving criminal acts of persecution.  This research uses normative juridical legal methods, namely legal research conducted by examining textbooks of legal experts, legal journals, and scientific works of legal experts and primary data including legislation and judges' decisions. The results showed that the role of visum repertum in Decision Number: 330/Pid.B/2023/PN. CBI, is very important as one of the evidence in the trial in accordance with article 184 paragraph (1) of the Code of Criminal Procedure, and is subject to the consideration of the Judge.
THE PRINCIPLE OF LEGAL BENEFITS OF DERADICALIZATION OF TERRORISM IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Md. Shodiq; Abdul Rahmat
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.v22i1.4061

Abstract

Indonesia as a country experiencing a transition from transition to democracy is marked by the strengthening of the flow of democracy and reforms are faced with the growing terrorist acts. Which has an impact on the destruction of infrastructure and a deep fear of the people to live, terrorism is a crime against humanity and then has a wide network of real and serious threats and at any time can jeopardize the security of the country, Counterterrorism can not be solved by just enforcing law with the approach of Hard Approach but also must be done with Soft approach approach . In this case is the approach of the Deradicalization Program, especially to the perpetrators of criminal acts of terrorism. In the implementation of the Deradicalization Program begins in the process of investigation, prosecution and judicial process so that the Deradicalization Program can be used as consideration of the judge of the judges to decide the criminal case of Terrorism so that the Value of Legal Use in Deradicalization Program is achieved and the perpetrators of terrorist crimes do not do the deed or repeat the actions.The method used in this research is normative legal research that is done as an effort to get the data needed in connection with the problem, the specification of the research is normative and empirical, the data used is primary data and secondary data consisting of primary legal materials and secondary law materials as well as tertiary law materials then for data analysis done with qualitative jurisdictional analytical method.The benefits of deradicalisation programs are counter terrorism, preventing radicalism, comparing ideologies, evading hate provocation, hostility in the name of religion, preventing society from indoctrination, and community participation rejecting terrorism. The current deradicalisation program should be re-supplied by the government and the wider community. Although there are no specific provisions on the deradicalization of terrorism in the Indonesian criminal law system, it is necessary to list the provisions related to the deradicalization program based on the legalization of the deradicalization program becoming the latest formulas for counter terrorism have links to ideology , Deradicalization can be related to the process of creating an environment that prevents the growth of radical movements by responding to the root causes that encourage the growth of radicals.
Legal Framework of Micro and Small Businesses in Indonesia for Achieving Empowerment and Legal Protection Kuahaty, Sarah Selfina; Hetharie, Yosia
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.v23i1.4063

Abstract

This research aims to identify, analyze, and discover efforts to facilitate business ease, empowerment, and protection for micro and small business operators in the Maluku Province through effective local legal regulations. Micro and small businesses play a vital role in supporting national development and enhancing the country's economy. Therefore, micro and small businesses need to be continuously developed to remain viable and competitive in the global trade arena. One of the measures to ensure the sustainability of micro and small businesses is through effective legal regulations that address various challenges faced by them. These legal regulations encompass not only national legal aspects but also local legal frameworks, including those in the Maluku Province. This research constitutes sociolegal research using primary and secondary data obtained through literature review and interviews. Based on the research findings, it is evident that the legal regulations for micro and small businesses in Maluku, both at the provincial and municipal levels, are not sufficiently effective in realizing ease of doing business, empowerment, and protection for micro and small business operators. The ineffectiveness of local legal provisions in Maluku is attributed to various issues in their content. These issues include discrepancies in regulations compared to other legal provisions, overlapping jurisdiction between the provincial and municipal governments, and even the central government's authority in regulating medium-sized businesses. Furthermore, legal gaps and unclear content lead to normative ambiguity, ultimately affecting the implementation of micro-business development and empowerment, which does not proceed smoothly.
The Concept of Forced Defense As Legal Protection Against the Criminalization of Crime Victims Suriadiata, Irpan
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.v23i2.4064

Abstract

Article 49 of the Indonesian Criminal Code (KUHP) governs the concept of compelled defense, also known as "noodweer" in Dutch terminology. This article offers legal protection for individuals who engage in an unlawful conduct, such as abuse or murder, but do so in self-defense or in defense of another person who is under a severe threat to their life or physical well-being. The objective of this study is to ascertain the manner in which investigators constructed the legal framework to identify the suspect responsible for the abuse crime in the case that transpired at Yayasan Al-Amin NW Kilang in District Montong Gading, East Lombok district, West Nusa Tenggara on July 19, 2022, and to determine whether the suspect's actions constituted a forced defense in accordance with the provisions outlined in article 49, paragraph 1 of the Criminal Code. The present case study was authored utilizing analytical descriptive techniques in conjunction with empirical-normative research methods. The research findings indicate, initially, that the investigator's subjective elements significantly influence the trajectory of the investigation in the a-quo case. Consequently, the investigator formulates questions for the investigation in a manner that is streamlined solely to satisfy and substantiate the requirements outlined in Article 351 paragraph of the Criminal Code and to identify the suspect. The second criminal act of abuse pertains to the suspect's assault, which satisfies the criteria for a forced defense as defined in article 49 of the Criminal Code, provided that a-quo is satisfied.
Criminal Convictions from The Perspective of The Proportionality Principle Nurul Hisyam; Dicky Arganova A
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.v22i1.4065

Abstract

The absence of explicit guidelines and limitations for evaluating punishment based on the character of the offender creates a significant gap in the justice system. Without clear provisions, judges are left to rely solely on their own interpretation and knowledge when making decisions about punishment. This lack of guidance can lead to inconsistencies and potential biases in sentencing. To ensure fairness in the judicial process, it is essential for the principle of proportionality to be fully understood and applied when judges make their rulings. Proportionality refers to the idea that the severity of punishment should be directly proportional to the seriousness of the crime committed. The research aims to address two key problem statements. Firstly, it seeks to define punishment from the perspective of the proportionality principle. Secondly, the research aims to identify the factors that judges consider when imposing punishment. To achieve these research objectives, a normative research approach will be adopted. This approach involves analyzing legal principles, rules, and regulations to address the legal issues at hand

Page 32 of 164 | Total Record : 1631

 30   31   32   33   34 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue