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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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Advocacy Model for Combined Process (Med-Arbitration)-Based Resolution of Industrial Relations Conflicts Between Trade Unions and Businesses Nurhayati, Siti; Rafianti, Fitri; Wakhyuni, Emi; Hutabarat, Willyam Lorencius
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.v23i1.4146

Abstract

In the process of settling labor-management conflicts, trade unions play a crucial role for employees, employers, and trade unions themselves. According to Law Number 2 of 2004 concerning Industrial Relations Dispute Settlement, disputes about labor relations are settled through Bipartite, Tripatrit (labor relations mediation, conciliation, and arbitration), and if non-litigation legal remedies (apart from arbitration) fail, the matter is then brought before the Industrial Relations Court. Due to its proven effectiveness in resolving commercial conflicts, the combined process (med-arb) idea is thought to facilitate dispute resolution in industrial relations problems. Two issues are addressed in this research: the idea of combined process (med-arb) as it applies to the resolution of labor-union disputes with employers and the idea of legal certainty in the process of using combined process (med-arb) to resolve labor-union disputes with employers.
Optimization of Community Satisfaction Index Measurement Instruments at the Surakarta City Population and Civil Registration Office based on the level of community understanding Ningsih, Yuliana Ristantya
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.v23i2.4154

Abstract

Government agencies/institutions that provide public services must conduct community satisfaction surveys to measure the quality of their services. This obligation is also attached to the Population and Registration Office throughout Indonesia. This research aims to find out how the public understands the SKM instrument used by the Surakarta City Population and Civil Registration Office and to provide recommendations on optimizing the IKM measurement instrument of the Surakarta City Population and Civil Registration Office. The method used in this research is descriptive qualitative with the research subject are the people of Surakarta City. The results showed that the level of public understanding of the SKM Dukcapil instrument was good. However, it is still necessary to optimize/refine the SKM instrument by adding information to make it easier for people to understand the 9 SKM indicator questions
Inconsistencies & Problems of Supreme Court Decision No. 26 B/Pdt.Sus-Arbt/2014 concerning Annulment of Arbitration Award Zakaria, Zurisman; Sudirman, Sudirman; Umar, Wahyudi
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.v23i1.4158

Abstract

Arbitration awards are usually considered an efficient and effective way to resolve business disputes. However, just like an award in a court, an arbitral award may also be annulled if it meets the requirements mentioned in Article   70 of the Arbitration Law. This study aims to analyze the inconsistencies of the Supreme Court decision No. 26/Pdt.Sus-Arbt/2014 which annulled the arbitral award.  This research uses normative legal research methods by applying a statutory law approach and a case approach. Based on the results of the study, there are inconsistencies in the Supreme Court decision No. 26/Pdt.Sus-Arbt/2014 which annulled the BANI arbitration award No. 442/I/ARB-BANI/2012 by considering factors outside the contents of article 70 of the Arbitration Law. Observing this phenomenon, it is important to add articles that provide guidance on the use of reasons outside the contents of article 70 of Law No. 30 of 1999 in the annulment of arbitral awards, with the aim of providing legal certainty.
Definition of Islam and Concept of Justice Tan, Paulus Satyo Istandar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.4160

Abstract

This research aims to detail the definition of Islam as a religion and explain its concept of justice. By exploring the views of the Quran, Hadith, and scholarly thought, this research will present a richer and more contextualised understanding of Islam and justice. The ultimate goal is to contribute more in-depth and applicable thinking to this concept in the context of contemporary society. This research adopts a qualitative approach to explore and interpret Islamic teachings. The research method used involves textual analysis of primary sources such as the Qur'an and Hadith, as well as references to the views of scholars. The textual analysis was conducted meticulously to understand the context and meaning contained in the texts. The study highlights the universal and coherent character of Sharia, which is designed to guide humanity across time and place. Crucially, justice and solidarity emerge as central themes in Islam, which resonate throughout the Qur'an and underscore the social mission of all prophets. It can thus be concluded that Islam, with its rich theological underpinnings and moral imperatives, plays an important role in shaping the beliefs, practices and worldviews of its followers.
Protection of Women from Sexual Violence: Reconciling Gender Justice from an Islamic Perspective Rahmi, Atikah; Asmuni, Asmuni; Nurasiah, Nurasiah
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.v22i1.4161

Abstract

Empirical facts show that the number of sexual violence in various forms is increasing, while victims still experience difficulties in obtaining protection which is the responsibility of the State. Sexual violence experienced by women is a manifestation of historical inequality in power relations between men and women and is a structural obstacle to achieving social justice, peace and sustainable self-development. The aim of this research is to analyze the protection of women from acts of sexual violence that fulfills the benefits and is gender equitable for women. Through a normative juridical method with a statutory approach and legal principles, research was conducted sourced from secondary data, reinforced by interviews coded via NVivo R1. The results of the research show that the strong patriarchal viewpoint in Indonesian society gives rise to gender inequality and is a contributing factor to sexual violence against women. Sadly, this action is still considered an immoral act by some people. Victims still experience revictimization due to society's mindset that does not side with women as victims and instead blames them for triggering sexual violence. For this reason, it is hoped that all elements of society will no longer be permissive regarding the issue of sexual violence, so that efforts are needed to make socio-cultural changes in Indonesia, one of which is through gender reconciliation by applying the principle of mubindah in life. So that sexual violence can be eliminated and victims can be protected.
Scenarios For Limiting The Veto of Permanent Members Of The United Nations Security Council Kasim, Aksah; Suhariyanto, Didik; Ramdhani, Wahyu; Rahim, Erman I; Danial, Danial
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.v23i1.4163

Abstract

The UN's principal mission is to promote international stability and peace. To that end, the UN established the Security Council, its governing body with last say on the subject. The United States, Russia, China, and France—the five most militarily competent nations—are veto-wielding permanent members of the United Nations Security Council. The fundamental objective of this research is to determine the impact of veto power on the function of the United Nations Security Council in maintaining global peace and security. In that case, will we be attempting to have a lex expert on the right to veto? This work is classified as normative research. The results showed that the veto did not improve the Security Council's performance. The ability to veto decisions made by the Security Council on how to address critical international crises means that the council isn't always effective. Legal rules should be put in place to ensure that the right to veto as a controller is not misused and fulfils its original purpose. The power to reject a resolution in situations involving crimes against humanity or genocide is an important part of the veto system, as is the two-year limit on each non-permanent member's use of the veto, and the limitation of veto use to a single case if discussed consecutively in Security Council meetings.
Implementation Of Environmental Administrative Law Enforcement Related To Environmental Approval And License For Environmental Protection And Management Of Palm Oil Factories In The Province Of North Sumatra Rizky, Fajar Khaify; Safnul, Dody; Meher, Montayana
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.v23i2.4170

Abstract

Palm oil mills have become an integral part of the economy in North Sumatra Province, but the growth of this industry often has negative impacts on the environment. In this context, the implementation of environmental administration law enforcement is very important to ensure sustainable environmental protection and management. This research aims to analyze the implementation of environmental administrative law enforcement related to environmental approvals and permits for palm oil mills in North Sumatra Province. Through a qualitative approach and case studies, data was collected from various sources, including legal documents, government policies, and interviews with relevant stakeholders. The research results show that although there are strict regulations and regulations regarding environmental approvals and permits for palm oil mills, the implementation of environmental administrative law enforcement still faces challenges. Factors such as a lack of human resources, the inability of institutions to supervise effectively, and local political interference are the main obstacles to implementing effective law enforcement. However, this research also found several positive initiatives, such as increasing environmental awareness among the palm oil industry and efforts to strengthen the capacity of environmental law enforcement agencies. The resulting recommendations include expanding trained human resources, increasing transparency in the licensing process, and strengthening cooperation between government, industry, and civil society to achieve sustainable environmental management in North Sumatra Province.
EMPIRICAL JURIDICAL REVIEW OF EARLY MARRIAGE DISPENSATION (Case Study of the Cikarang and Pangkal Pinang Religious Courts) Meliza, Meliza; Hardianto, Hanif; Gumbira, Seno Wibowo; apriandhini, Megafury; Chairunnisa, Madina Dzakkiyyah; Isfarin, Nadia Nurani
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.v23i2.4179

Abstract

Currently the country is trying to improve Human Resources (HR) on a large scale, especially in Indonesia to advance the nation, but the high rate of early marriage has an impact on the progress of the younger generation where marriages that are held without careful preparation both from the economy, education, psychology and sociology also have an impact on the next generation born and personal and social development in society also occurs unprepared. Law No. 1 of 1974 Jo Law No. 16 of 2019 About was passed by the government as an effort to prevent early marriage by limiting the minimum age of 19 years for men and women. The purpose of this research is to find out what factors cause the application for marriage dispensation and obstacles in the application for marriage dispensation in religious courts and what steps are used in the event of rejection of the application. The method used The data collection method used in this research is an empirical juridical review by conducting observations, comparisons and interviews with sources from the Religious Court and informants who apply for marriage dispensation. Causes for advocating marriage dispensation include religious reasons, special circumstances, parental/guardian consent, legal considerations. In the implementation of the application for marriage dispensation, there are also obstacles, namely the difficulty of completing data. In the event of rejection of the application for marriage dispensation, the applicant can make cassation.
Juridical Review of Waqf Land Disputes Due to Transition as Public Facilities (Disputes and solutions) Tarigan, Tety Marlina; lubis, fauziah
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.v23i2.4180

Abstract

Waqf as an integral part of Islamic teachings is a guideline for social worship which requires the separation and/or handover of part of the assets belonging to the waqf to be utilized in accordance with sharia, as regulated in Law Number 41 of 2004. The main purpose of waqf is devotion to Allah SWT and devotion. public. However, waqf practices often do not run in an orderly and efficient manner, as evidenced by the lack of data collection which causes many waqf assets to be poorly maintained and even transferred to third parties unlawfully. This research uses a descriptive method with a juridical-sociological approach. The focus is to understand the procedures, situations and views of the community regarding waqf practices, as well as measuring the effectiveness of the law in handling waqf disputes. It is hoped that the research results can provide further understanding of the challenges and solutions in managing waqf in society, as well as support efforts to advance the goals of waqf, which are actually for worship and general welfare in accordance with Islamic sharia. The aim of this research is to find out how Agrarian law works in the case of Waqf Land Disputes resulting from the Transition as Public Facilities. 
Problems of Criminal Liability of Political Parties in Corruption Offences Hakim, Lukman
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.v23i2.4182

Abstract

This paper discusses the problems in criminal liability that can then be given criminal penalties against political parties suspected of committing corruption through their representatives as political party administrators and figures affiliated with political parties that commit corruption. Even though the existing legislation is sufficient as a basis for holding political parties accountable for committing acts of corruption, there are ideological problems and problems of legal application that until now, especially after the reformation, there has not been a single political party that can be held criminally responsible for it. This research uses normative legal research. The problem approaches used in this research include the statute, conceptual, and case approaches.

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