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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 1,613 Documents
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The Existence of Civil Sanctions in Spatial Law Enforcement in Indonesia Siburian, Henry Kristian; Sipayung, Baren -; Andjarwati, Any -; Manulang, Sardjana Orba; Harahap, Muhammad Ade Kurnia
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.v23i2.4031

Abstract

Planning for territorial spatial arrangement is one of the problems with modern urban growth, as cities are growing faster than ever and the territorial government has to take a unique role in overseeing spatial arrangement. 2007 Law No. 26 The government is considering replacing Law Number 24 of 1992, which deals with spatial arranging, with this legislation, which unifies a courteous administration. This study's method of investigation was controlling valid research while taking the study's characteristics into account. The result of the review is the assertion that, taken as a whole, respecting legislation represents people's rights (personenrecht). of In particular, laws, customs, conventions, theories, and statutes give birth to two legitimate subjects: Separately, legal substances (rechts persoon) and humans (natuurlijke persoon). Articles 66, 67, and 75 of Law Number 26 of 2007 concerning Spatial Arranging provide certain limitations on the occurrence of generous fines. If the last stated are ultimum remedium in nature, a claim based on reclamation may be used to seek for polite discipline for spatial arrangement violations in addition to official and criminal penalties.
Analysis of Coal Mining Legal Instruments and the Powerlessness of the State in Restricting Natural Destruction Activities by Corporations (Case Study of the Implementation of the Law on Coal Mining Against Ecological Environmental Damage in Indonesia) Zulqarnain, Zulqarnain -; Riza, Fikri -
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.v23i1.4034

Abstract

Management of Natural Resources (SDA) through mining has generated huge income for the Indonesian government. In addition, mining activities have caused damage to the natural environment that poses a threat to the future of human life. The government makes every effort to restrict mining activity so as not to harm the environment. A set of legal laws has been developed, but mining activities continue to harm the environment.Why is this so? What's the issue? Is the mining law still ineffective? Or weak execution of law? This research solves these questions at least. This study is qualitative in nature. This study's data were collected through a series of interviews, a review of the relevant literature, and a document analysis. The study's conclusions show that the laws controlling mining have limited the options available to mining entrepreneurs for carrying out their operations without endangering the environment. On the other hand, the finding of unreclaimed mining sites suggests that the legal process has not been followed correctly or diligently enough.
Violent Thefts Involving Teenagers And Women (Criminology in Sociological Perspective) Ari Wijaya, Oscarius Yudhi; Muriman, Chairul -
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.v23i1.4035

Abstract

The goal of this research was to find a scientific explanation for the issue of women and teenagers being involved in violent theft crimes that have already started, as well as to find and construct theoretical justification based on current theories, including sources from books and research journals. This study employed a qualitative research design in conjunction with a literature review. According to the findings of research, women are viewed as potential home educators of their children and should be given recognition and equality, while teenagers are viewed as the country's future generation, potential leaders, and catalysts for community and national development. rather than feeling scared by his family or other societal members, he feels adequate in the social system of society. He thus isolates himself by creating an exclusive group, which prompts him to take illegal and/or violent acts, such as muggings and thefts, in violation of both community standards and the law.
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? Dewanta, I Made Tegar; Putrawan, Suatra
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 Yusuf, Muhammad
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 Shodiq, Md.; Rahmat, Abdul
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.

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