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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 1,717 Documents
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Enholding The Relevance Of The Traditional Constitution In Indonesia: A Path To An Integrated National Law Kadir Katjong; Herry M. Polontoh; Tri Yanuaria
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.v23i1.4104

Abstract

Customary constitutions in Indonesia are scattered in various regions at the village, sub-district, district, city, province, and even archipelago levels.  The codification and unification of laws are increasingly undermining the existence of customary constitutions in Indonesia.  The existence and position of the customary constitution are increasingly unclear in the regulatory framework in Indonesia. Maintaining the customary constitution is crucial as it can serve as a spirit and guide in the formation of national law.  To remind the nation again about the spirit of being cultured and to give the nation confidence in the nation's civilization, it is necessary that the customary law be placed in an equal position with the existing and recognized statutory order in Indonesia. For this reason, it is necessary to provide a separate place for the growth and development of customary law as part of the nation's wealth and as a reference in the formation of national law so that in every formation of statutory regulations, it always reflects values. is contained in the nation's customs, especially those related to basic law, namely the customary constitution in Indonesia. This paper uses a sociological normative writing method, which will provide an overview of the position and status of the customary constitution in the Indonesian legal system. So it is hoped that through writing this journal, it can provide an understanding of how important the position of the customary constitution is in the development of law in the modern era.Keywords:Position of the Customary Constitution, Indonesian Legal System
The Urgency the Role of Amicus Curiae in the Eradication of Land Mafia Crimes Ahmad Hadi Prayitno
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.v22i2.4107

Abstract

Amicus curiae is needed by the development of judicial practice in our country. This is as a result of the crime development which is more completed and massive. The existence of amicus curiae is expected to find the answers in every deadlock situation that occurs in the case examination process. It is including on land mafia. They do it through digital media, carried out by actors who have  skills and good knowledge in law , and has carried out by people who have access to land documents. It cannot be considered ordinary and also cannot be enforced with ordinary law enforcement methods. The design of this article was qualitative law research. Based on the research before, It can concluded that the criminal mode of the land mafia is not in general but specific in land documentation. It also uses technological advances to change the administrative data of land registration and the land ownership. They also use specialized knowledge about land, which is not always mastered by criminal law experts. This condition showed that Amicu Curie is needed to solve criminal cases that have a more complicated mode, if compared it to traditional crimes.  The existence of amicus curiae in the eradication of land mafia cases has not been yet recognized by legislation, either in the context of Technical Guidelines Number: 01/Juknis/D.VII/2018 on the prevention and eradication of Land Mafia or in the Criminal Procedure Code. Therefore, the term of amicus curiae is not formally found in Indonesian criminal legislation. The judges and prosecutors ignore the role of amicus curie and is different with expert witnesses who are juridically recognized and required to be present by legal mechanisms.
Responsibility and Accountability in the World of Futures Trading: Analysis of Futures Brokers and Broker Representatives Under the Spotlight of Civil Law and BAKTI Arbitration" Muhammad Sabir Rahman; Syamsul Efendi; Yudhi Priyo Amboro; Kristi W Simanjuntak; Nurul Fazri Elfikri; Aceng Asnawi Rohani; Dede Agus
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.v23i1.4113

Abstract

This study aims to examine the role of Article 1367 of the Civil Code in determining the duties of Futures Brokers and Futures Broker Representatives in the context of Indonesian commodity futures trading, with a focus on the consequences for violations of these duties by Futures Broker Representatives. respond to it. This methodology is based on normative legal principles and is based on research into relevant literature and examination of BAKTI rulings in the field of commodity futures trading arbitration. Findings from this study highlight the importance of taking into account the Futures Broker Representative's level of professionalism as well as any applicable rules and regulations when determining the extent to which the Futures Broker is legally liable for the Futures Broker Representative's conduct. In order to provide fairness and clarity in commodity futures trading, this study's findings suggest that current rules need to be revised and adjusted. The study also suggests directions for future research on the dynamics of futures trading's legal aspects.
Perlindungan Hukum Islam terhadap Anak dalam Konteks Penyelesaian Tindak Kekerasan Rumah Tangga: Studi Kasus di P2TP2A Kabupaten Pidie Nufiar Nufiar; Khairizzaman Khairizzaman; Yusriadi Yusriadi; Muhammad Muhammad; Putri Asyura
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.v23i2.4116

Abstract

This research aims to determine the forms of violence and the factors that cause them as well as concrete actions taken by the P2TP2A Institution in resolving existing cases by analyzing them using Islamic Law. The research method used in this research is qualitative library research, which is a research method carried out by analyzing and interpreting written sources such as books, scientific journals, articles, research reports and other documents to understand a particular phenomenon or topic. The data source is primary data. The research results show that violence against children requires the attention of all parties. This is because violence against children has broad and long-term impacts. Handling of child victims of violence cannot be carried out by one party or institution alone. The role of information services is important in efforts to prevent acts of violence against women and children, so that the community is not apathetic towards acts of violence in society. The methods of resolving acts of violence against children by P2TP2A Sigli in the perspective of Islamic law falls into the Ta'zir category where the resolution is left to the judge's authority to determine the punishment and the punishment usually does not exceed the limit penalty.
Tourism Communication Strategy Model In Revitalizing Local Culture In Biak Numfor Papua Mohamad sudi
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.v23i2.4120

Abstract

The purpose of this study is to determine the collaboration model of tourism communication strategies in revitalizing local culture in  Biak Numfor Papua Regency.  This research is  a descriptive research with a qualitative approach.  The data collection method used is the triangulation method by combining data collection techniques such as observation, in-depth interviews, and FGDs to analyze the potential for local culture-based tourism development.  The results showed that  the collaboration model Strategy applied to revitalize local culture  in Biak Numfor Papua in implementing tourism communication  programs   related to  the form of collaboration between actors  in tourism industry development policies in Biak Numfor Papua    which includes  the role of the government, the role of the community, the role of the private sector, the role of the media, and the role of academics who contribute and play an active role in the development process of the tourism sector.  In relation to determining  tourism  communication strategies in  revitalizing local culture in Biak Numfor Papua, establishing complementary components in the success of collaboration, including interdependence, constructive unification of thoughts to reach solutions, making decisions with all actors (Joint Ownership of Decisions) , and the existence of joint responsibility as a form of involvement that cannot run between actors if there is no cooperation and support from other factors
Integration Of The Right To Inclusive And Equitable Education In Higher Education Asriati Asriati; Imran Eka Saputra; Salle Salle
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.v20i2.4121

Abstract

Based on the provisions of articles 28A to 28J of the 1945 Constitution, the state is obliged to fulfill, protect and respect the human rights of every citizen. This guarantee is not just written without reason or purpose, but this guarantee must protect every human being from the use of unlimited power or the actions of authorities who act arbitrarily. The research method uses library research, namely a research process carried out through collecting data and information from various related sources. The results of the research in this paper are that the right to education must be accessible to anyone regardless of the individual's background, so that everyone can receive education equally. Fulfillment of this right is implemented in the form of providing facilities, access or resources that enable the fulfillment of the right to education to all people, both those who have the ability to finance their education and those who do not have the ability to finance their education, or based on differences in ethnicity, religion, race, class. , gender, different social backgrounds
Conservation-Based Spatial Planning Policy Formulation To Strengthen Tourism Districts Haris Budiman; Suwari Akhmaddhian; Erga Yuhandra
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.v23i1.4122

Abstract

This study discusses the formulation of regional policies in the field of conservation-based spatial planning to strengthen tourism districts. The purpose of this study is to identify and analyze the factors that influence spatial planning policies in areas that have agricultural and tourism contours. This research uses a descriptive-analytical method with a qualitative approach. The results of this study indicate that there are several factors that influence conservation and tourism-based spatial planning policies in the regions, including national policies, regional policies, community needs, and regional tourism potential. Based on the results of this analysis, the researcher recommends that tourism-based spatial planning policies in the regions should be prepared by considering these factors and involving various related parties, such as the government, community, and tourism actors. In order to implement effective conservation and tourism-based spatial planning policies, the researcher also recommends forming a team or working group specifically tasked with compiling, supervising, and evaluating these policies. In addition, the researchers also suggested campaigns and outreach to the public to increase awareness and participation in maintaining and developing regional tourism.
LEGAL PROTECTION FOR CHILD AND FEMALE WORKERS FROM A HUMAN RIGHTS PERSPECTIVE Kadek Apriliani; Putu Lantika Oka Permadhi
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.v23i2.4129

Abstract

The issue on violence and discrimination against child and female workers in Indonesia remains significant to date. The government aims to protect children and women, prevent violence and discrimination, and address these issues through legal instruments and other promotion. This study centers its objective on identifying the factors contributing to human rights violations against child and female workers, as well as promotion to prevent and address these violations. The study employs normative juridical methods and data collection techniques based on journals, articles, laws, and conceptual approaches. The results indicate that poverty, culture, low levels of education, and economic pressure are factors contributing to human rights violations against children. The marginalization of women in the workplace, their subordinate position in society and culture, stereotypes against them, low education, patriarchal culture, and the interests of the authorities are all factors behind human rights violations against female workers. Promotion to prevent such violations include making laws regarding the protection of children and women, among other measures. Keywords: Child and Female Workers, Human Rights, Legal Protection
LEGAL PROTECTION FOR WITNESS UNDER THE WITNESS AND VICTIM PROTECTION LAW Gede Agus Damendra; Kt Sukowati Lanang P. Perbawa; Putu Sekarwangi Saraswati
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.v23i2.4130

Abstract

Indonesia’s legal system provides a robust framework for protecting witnesses. In criminal cases, justice and legal certainty are ensured while also prioritizing the safety and well-being of witnesses. This study examines the regulation of legal protection for witnesses and victims under the Witness and Victim Protection Law and assesses if the Law has been effective in providing justice and legal certainty. The research method employed normative legal research. The Criminal Procedure Code (KUHAP) inadequately protects witnesses, as revealed by the study. The Witness and Victim Protection Law clearly outlines the rights of witnesses and victims of criminal acts in specific cases, as determined by the Witness and Victim Protection Agency (LPSK). In addition, the law requires that victims of gross human rights crimes receive compensation from the state. According to Government Regulation No. 44/2008, the state provides compensation when the perpetrators are unable to fully meet their responsibility.Keywords: Legal Protection, Witness, Victim
A HUMANISTIC MODEL FOR PUBLIC ORDER MANAGEMENT IN DENPASAR CITY Ida Bagus Gede Subawa; I Made Hendra Wijaya; AA Adi Lestari; Ngurah Galang Jaya Dhifa
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.v23i2.4131

Abstract

Indonesia’s COVlD-19 first cinfirmed case was found in March 2020 and continued to increase until September 2020. As the number of cases increased, the government applied a Large-Scale Social Restrictions Policy (PSBB) to help minimize additional cases. With the implementation of the UN policy by the government, many have lost income from various sectors whose livelihoods depend on their daily income. The disruption of economic activity due to the lockdown policy to contain the spread of the virus has led to the closure and bankruptcy among many companies, resulting in a massive reduction in the number of workers and layoffs, especially in the sectors most affected by the pandemic. Many workers who are laid off make people lose their source of livelihood, forcing them to be more creative in order to struggle. One of them is the improvised street merchants, where the car is used as a selling space, which helps people in terms of economic turnover. However, selling on the roadside without a permit is an offence. The municipal police (Satpol PP) need to discipline the street merchants since they violate the Regional Regulation No. 1/2015 concerning Public Order. This regulation has been violated by many merchants and thus, it needs to be brought back into order. Keywords:  Fostering, street merchants

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