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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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Conservation-Based Spatial Planning Policy Formulation To Strengthen Tourism Districts Budiman, Haris; Akhmaddhian, Suwari; Yuhandra, Erga
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 Apriliani, Kadek; Oka Permadhi, Putu Lantika
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 Damendra, Gede Agus; P. Perbawa, Kt Sukowati Lanang; Saraswati, Putu Sekarwangi
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 Subawa, Ida Bagus Gede; Wijaya, I Made Hendra; Lestari, AA Adi; Jaya Dhifa, Ngurah Galang
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
Settlement of land disputes over ownership in Indonesia land Registration System Dharsana, I Made Pria; Asriwijaya, Desak Rai Kutha; Kresnadjaja, Indrasari
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.v23i2.4134

Abstract

The Basic Agrarian Law (UUPA) is Law Number 5 of 1960 concerning Basic Agrarian Regulations aimed at resolving the dualism conflict of agrarian law in Indonesia at that time, where previously most of the Indonesian people still applied agrarian law based on Western law colonial and a small part based on customary law. The purpose of writing this journal is to analyze and understand the occurrence of legal disputes against dual certificate holders and to analyze and understand the obstacles and solutions to the resolution of dual certificate legal disputes. The research method used in this paper is a qualitative research method with a normative juridical approach. Based on the results of the study, show that the occurrence of multiple certificates is caused by several factors, namely the existence of bad faith from the certificate applicant, an error on the part of the Land Office, namely in terms of collecting and processing physical data and land juridical data, the unavailability of a comprehensive land registration map, and because the domicile of the interested party is outside the city. Settlement of land disputes can be resolved by way of deliberation by the parties and through the judiciary. On the other hand, there is a need for special procedural law provisions either through deliberation or mediation at the BPN and the courts in the event of a dispute resolution through litigation
The Restorative Justice Model that Combines the Criminal Procedure Code and Living Laws in the Community in the Melayu Asahan Community, North Sumatra. Zuliah, Azmiati
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.v22i1.4135

Abstract

The resolution of cases involving children in conflict with the law in Indonesia still lacks a clear concept regarding the application model of diversion and the living law in society. This study is significant considering the numerous restorative justice models based on living law in society that have not been accommodated in Indonesian legislation. This research aims to understand, analyze, and describe: (1) the regulation of restorative justice in resolving criminal acts by Children in Conflict with the Law in Indonesia through diversion; (2) the concept of restorative justice in the practice of local wisdom of the Malay Asahan cultural community; and (3) a model of combining RJ application according to the provisions of the Juvenile Justice Law. The study found that the Malay Asahan community, which includes the City of Tanjungbalai, Asahan Regency, and Batubara Regency, still practices "bapokat" in resolving cases of Children in Conflict with the Law. Bapokat plays a crucial role in overcoming several weaknesses of instruments, institutions, and Law Enforcement Officers (LEOs) in implementing the Juvenile Justice System Law in the three districts/cities. The study found that the Malay Asahan community integrates the application of the Juvenile Justice Law and the living law in society through the cultural practice of bapokat, involving institutions concerned with child protection, both government and non-governmental. The study concludes that village heads and village chiefs play a crucial role in preserving the local wisdom of bapokat while strengthening the implementation of the Juvenile Justice Law through mediation procedures and recording cases of Children in Conflict with the Law at the village level. LEOs are recommended to receive local wisdom education in the context of applying restorative justice.
The Islamic Legal Perspective on Inheritance Distribution Based on the Principle of Sapikul Sagendhongan Hidayat, Deden; Fitriyani, Fitriyani
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.v23i1.4137

Abstract

This research aims to analyze the principles of Islamic inheritance law and their relevance to customary law in society as well as the existence of distribution of inheritance based on the Sapikul Sagendhongan principle from an Islamic Law perspective. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the research confirm that there are eleven principles or principles in Islamic inheritance law which include: the principle of ijbari', bilateral, individual, balance, solely due to death, sincerity, self-servity, huququl maliyah or material rights, basic rights (huququn thaba 'iyah), dividing inheritance and benefit, where these eleven principles or principles are the basis for the implementation and regulation of Islamic inheritance law. In connection with the application of customary law practices in the distribution of inheritance, it can actually be seen from the theory of receptio in complex which was initiated by Van Den Berg, the theory of receptio exit which was developed by Hazairin, and the theory of receptio a contrario which was developed by Sayuti Talib which is actually a justification that Islamic law has validity. which sometimes manifests itself in customary law, such as the principle of Sapikul Sagendhongan as implemented by Javanese society. The existence of distribution of inheritance based on the Sapikul Sagendhongan principle viewed from the perspective of Islamic Law is actually no different from the distribution of inheritance in Islamic Law which mandates that men share more than women with the argument that men have greater responsibility. In this context, the distribution of inheritance based on the principle of sapikul sagendhongan actually has similarities with the distribution of inheritance based on Islamic law.
Delaying the Implementation of Carbon Tax in Indonesia: A Critical Review of the Harmonization of Tax Regulations Gunawan, Edy
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.v22i2.4140

Abstract

The implementation of carbon tax has been postponed twice by the government based on the mandate of Articles 13 and 17 of Law No. 7/2021 on Harmonization of Tax Regulations. However, it is unclear how long these delays will last, raising questions about compliance with existing regulations. The postponement of carbon tax implementation based on existing regulations in the Harmonization of Tax Regulations raises concerns regarding compliance with the mandate of the law. The reason for the delay given by the government also needs to be further evaluated to ensure policy consistency and transparency in decision-making. This research aims to analyze the postponement of carbon tax implementation based on the regulations listed in the Taxation Regulations Harmonization Act, as well as identify the reasons for the postponement given by the government. This research method uses normative juridical, qualitative methods by reviewing literature, related rules, and regulations,Reasons for the delay given by the government include caution against a fragile economic recovery and a spike in energy prices. However, these reasons were also used to postpone the increase in the value-added tax (PPN) rate, potentially raising questions about compliance with regulations.
INDONESIAN STATE LAW IN ITS HISTORICAL PERSPECTIVE AND DEVELOPMENT Leliya, Leliya; ansori, saeful; maghfiroh, siti
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.v23i1.4143

Abstract

The history of Indonesian constitutional law began in the Dutch colonial period when Indonesia was still called the Dutch East Indies. Then after Indonesia's independence in 1945, for the first time formed a constitution or Basic Law. The focus of the study in this study is to try to explain the development of Indonesian constitutional law from the Old Order era to reform. This is to find out how the history of the development of Indonesian constitutional law from time to time, especially from the beginning of independence to reformation. The method in this study is qualitative, with a historical approach. The data collection method used is the method of library research (library research). Then analyzed using the descriptive-analytic method. At the beginning of independence in 1945, Indonesia's constitutional law was contained in the 1945 Constitution. The 1945 Constitution described Indonesia as a unitary state with a president as the head of state as well as a democratic head of government. Besides that, under Soekarno's government, constitutional law was regulated in several constitutions, including the 1949 RIS constitution and the 1950 UUDS. And Soekarno's government at that time was known for its nationalist and anti-capitalist politics. The Suharto government was known for its authoritarian politics, political stability, and economic growth. Finally, during the reform period, after the fall of President Soeharto in 1998, Indonesia underwent significant political reforms. Constitutional law is regulated in the 1945 Constitution with several amendments which emphasize the principles of democracy, human rights, decentralization of government, and increased political participation. The history of the development of constitutional law in Indonesia in general shows quite dynamic developments and always follows changes according to political and socio-cultural developments in Indonesia.
Ownership Of Flat Units For Foreigners In The Agrarian Legal Order Hutomo, Putra; Yuhelson, H.; Ismed, Mohamad -
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.v23i1.4144

Abstract

The aim of the research is to describe apartment units associated with investment in the property sector for ownership of apartment units for foreign citizens in Indonesia by paying attention to land rights in Indonesia, so that there is no disharmony with positive law in Indonesia. The research method uses a normative juridical legal research type. The approaches used include the statutory approach, conceptual approach, analytical approach. An analytical approach is carried out by analyzing legal material to find out what is contained in the terms used in a legal regulation conceptually, as well as understanding the regulation in practice. The results of the research are that in the UUPA there are several types of land rights, namely: (1) Ownership rights; (2) Cultivation rights; (3) Building use rights; (4) Use rights; (5) Rental rights; (6) The right to open land; (7) The right to collect forest products; (8) Other rights which are not included in the rights mentioned above will be determined by law as well as temporary rights as stated in Article 53 of the UUPA. After the enactment of Law 11/2020, the regulation of ownership of condominium units for foreigners is specifically regulated in Part Four of Land Paragraph 3 Condominium Units for Foreigners, as intended in the provisions of Articles 143 to 145. In its development to implement Constitutional Court Decision Number 91/PUU-XVIIl2020, improvements need to be made by replacing Law Number 11 of 2020 concerning Job Creation (Letter f, Considering section, Law Number 6 of 2023), as promulgated in Law Number 6 of 2023 concerning Determination of Regulations The Government Substitutes Law Number 2 of 2022 concerning Job Creation into Law (hereinafter referred to as Law 6/2023)

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