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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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Custody and Obligations of Parental Alimation of Children After the Breakup of Marriage Due to Divorce in Terms of Law Number 1 Of 1974 Concerning Marriage Hamonangan, Sobardo
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.v23i1.4094

Abstract

The research entitled;Parents' Custody Rights and Alimentary Obligations for Children After Dissolution of Marriage Due to Divorce in View of Law Number 1 of 1974 concerning Marriage; was carried out in the jurisdiction of Jayapura City with the aim of finding out and analyzing the causal factors the occurrence of divorce and custody and fulfillment of parental alimony obligations towards children.This research is empirical legal research using the Normative Juridical and Empirical Juridical approach methods. The Normative Juridical Approach is by reviewing the provisions of statutory regulations relating to the rights aspect of divorce and the legal consequences of divorce in relation to Custody Rights and Parental Alimony obligations following the dissolution of the marriage due to divorce, while the Empirical Juridical approach is by looking at the implementation of the provisions Laws relating to divorce and custody rights and parental alimony obligations apply in society. The results showed that the factors causing divorce in the city of Jayapura in general for the continuous disputes, disputes and quarrels triggered by the attitudes and behavior of both the husband and wife namely a. The existence of love with women and other men, b. Husband rarely goes home; c. Husband is light hand by beating the wife. Meanwhile, in most court decisions on divorce cases, the majority of judges decide that custody rights are given to the wife based on psychological considerations and legal considerations. The psychological considerations are because the children are still small and not yet mumayyiz so they still really need more attention from their mother, and the husband's morals are not good, so there are concerns that it will affect the child's psychological development during his growth period. Furthermore, regarding the fulfillment of alimony obligations in the context of the care and development of the child, in general it is not carried out well, generally parents (fathers) lack or neglect their alimony obligations towards the child on the grounds that they have a new family, because they are not given custody, because of their economic capabilities, so does not carry out his alimony obligations as ordered by the applicable statutory provisions.
The Position Of Islamic Law In The Positive Law Of Indonesia (Analysis Of The Application Of Islamic Law Provisions In Aspects Of Marriage Through The System Approach) Hamonangan, Sobardo; Katjong, Kadir
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.v23i1.4095

Abstract

The research with the title: The Position of Islamic Law in Indonesian Positive Law (Analysis of the Application of Islamic Law Provisions in the Marriage Aspect Through a Systems Approach aims to determine and explain the position of Islamic Law which is integrated in Indonesian positive law, especially the application of Islamic law provisions in the Marriage legal aspect in Positive Law in Indonesia.This research is a normative legal study, which uses a normative juridical approach, which is an approach to conducting a study and study of the provisions of Islamic law and positive law that applies in relation to the issue of Islamic law in the provisions of Indonesia's positive law in the aspect of marriage.The research results show that the position of Islamic Law in Indonesian Positive Law can be seen from the development of law and the constitution in Indonesia, where the provisions of Islamic law which are adhered to by the majority of the Indonesian population have become a source of law for the development of national law. Several provisions of Islamic law have been integrated into positive law in the Indonesian legal system and have been implemented in a formal juridical manner, including provisions relating to family/marriage law regulated in Law Number 1 of 1974 concerning Marriage, provisions regarding waqf regulated in Law Number 41 of 2004 concerning Waqf, as well as the existence of Religious Court institutions regulated in Law Number 7 of 2004 1989 which was amended by Law Number 3 of 2006, as an institution authorized to resolve problems related to marriage, inheritance and waqf for citizens who embrace the Islamic religion. Furthermore, through a legal system approach, the enactment of Islamic law provisions in positive law is carried out in a formal juridical manner through the formation of legislation that accommodates the provisions of Islamic law. The position of Islamic law in positive law through a legal system approach can be seen in the provisions of Islamic law which have been integrated into positive law in the Indonesian legal system as a national legal system. The provisions of Islamic law in positive law are included as a substantial component, namely provisions that are guided by citizens, especially those who embrace the Islamic religion. As a structural component, it is seen in the existence of the Religious Courts as an institution that has the authority to resolve problems in family law. and the cultural component (legal culture) is the behavior and high legal awareness of the community, especially citizens who embrace the Islamic religion. These three components of the legal system determine the position of Islamic law in the applicable Positive Law.
Collaborative Strategy in Tertiary Prevention of Drug Abuse: Active Role of Community and Government Institutions in Rehabilitation and Reintegration of Drug Victims Baron, Pangeran; Puspitasari, Puspitasari; Riyanta, Stanislaus
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.v22i1.4100

Abstract

This article discusses collaborative strategies in tertiary prevention of drug abuse, with a focus on the active role of the community and government institutions in the rehabilitation and reintegration of drug victims. Through the literature review method, this article explores various efforts involving various parties in dealing with drugs. The research results show that the dynamics of the process in dealing with drugs are good, including the promotion of shared principles, shared motivation and the capacity to take action. Collaborative actions have also been good, including facilitating and advancing the collaboration process. The impact and adaptation of collaboration in dealing with drugs has also been good, trying to suppress drug users. Overall, efforts to rehabilitate and reintegrate drug users into society are complex efforts and require cooperation from various parties. Support is needed from the government, non-governmental organizations, family, friends and society as a whole to facilitate the rehabilitation and reintegration process of drug users into society. With effective rehabilitation and reintegration efforts, drug users can be expected to return to living normal and productive lives in society. Apart from that, rehabilitation and reintegration efforts can also help reduce the rate of drug abuse and improve the quality of life of society as a whole.
Legal Protection for Women in Criminal Proceedings: A Socio-Legal Review Rahmi, Atikah
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.v23i1.4102

Abstract

Women often become victims of crimes, especially sexual crimes and domestic violence, in legal proceedings, but the legal protection stipulated in laws and regulations is still considered inadequate and many women still experience discrimination and injustice. The purpose of this study is to analyze the legal protection of women victims in criminal justice proceedings in Indonesia from a socio-legal perspective in order to identify the socio-cultural-structural barriers that cause the weakness of such protection. This study uses an empirical legal research method with a sociological legal approach to analyze the application of regulations on protecting women victims in criminal proceedings, with primary data obtained from field studies and interviews which are then analyzed qualitatively. The results show that nomatively, regulations on protecting women victims are adequate, but in practice they are heavily influenced by patriarchal socio-cultural factors and negative stigma against women victims which affect the attitude of law enforcement officials, resulting in many victims experiencing discrimination and injustice. The socio-cultural-structural barriers include negative stigma and discriminatory treatment of victims, patriarchal culture that subordinates women, lack of psychosocial and legal support for victims, and limited access to justice for marginalized women victims. At the structural level there are also problems of low gender capacity of law enforcement officials, lack of NGO advocacy, and legal and judicial systems that are not yet victim-friendly.
Enholding The Relevance Of The Traditional Constitution In Indonesia: A Path To An Integrated National Law Katjong, Kadir; Polontoh, Herry M.; Yanuaria, Tri
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 Prayitno, Ahmad Hadi
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" Rahman, Muhammad Sabir; Efendi, Syamsul; Amboro, Yudhi Priyo; Simanjuntak, Kristi W; Elfikri, Nurul Fazri; Rohani, Aceng Asnawi; Agus, Dede
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; Asyura, Putri
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 fall 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 had penalty.
Tourism Communication Strategy Model In Revitalizing Local Culture In Biak Numfor Papua sudi, Mohamad
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; Saputra, Imran Eka; 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

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