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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 1,631 Documents
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Definition of Islam and Concept of Justice Paulus Satyo Istandar Tan
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 Atikah Rahmi; 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.
Asset Forfeiture through Non-Conviction Based Asset Forfeiture and Management of Criminal Proceeds Assets: A Comparative Study with the United States and Thailand Anisa, Tasya; Nelson, Febby Mutiara
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.v23i2.4183

Abstract

Confiscation is based on the principle that the proceeds of crime must be confiscated, because the convicted person should not benefit from the crime he committed. The procedure for handling confiscated property is something that needs to be regulated. So it is very important in a rule to determine who is responsible for taking the seized goods and holding them, where they should be stored, and what will be done with them. This paper compares and contrasts the NCB non-conviction based asset forfeiture rules owned by Indonesia, the United States and Thailand as well as the responsibilities in managing assets based on the results of confiscation and confiscation owned by these countries. The selection of the United States as a comparison country in this paper is based on the fact that countries that adhere to the common law legal system have commonly practiced the concept of NCB asset forfeiture as an activity in confiscating and seizing assets and the United States has been implementing the concept for decades. While in the Southeast Asian region, Thailand is one of the countries that has long implemented the concept of NCB asset forfeiture and has an independent institution
Fulfilling the Rehabilitation Rights of Child Prisoners in Drug Cases: A Review of the Implementation of the Child Protection Law in Tanjungbalai City Zuliah, Azmiati
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.v23i2.4184

Abstract

This research aims to describe the fulfillment of the Rehabilitation Rights of Child Prisoners in the Tanjungbalai City Narcotics Case according to the Child Protection Law. Law Number 35 of 2014 concerning Child Protection (UU PA) is the legal basis that regulates the rights and protection of children in Indonesia. The research method used in the research is empirical juridical. In imposing sanctions on children who commit criminal acts of narcotics abuse, they are often sentenced to imprisonment, this does not solve children's problems. In fact it is prone to violations against children, whereas in Law Number 11 of 2012 concerning the Children's Criminal Justice System, it is mandatory to prioritize restorative justice. Arrest, detention or criminal imprisonment of children is only carried out in accordance with applicable law and can only be done as a last resort. The results of the research show that the overall indicators of success in developing correctional students at Tanjungbalai Detention Center are: 1) Students carry out worship according to their respective religions, both individually and in congregation; 2) Students can study formally at Tanjungbalai Detention Center; 3) Students behave, behave and are aware of the law, nation and state; 4) Students have skills as a provision when they have finished serving their sentences.      
Legal Reform Based on Dignified Justice Theory Teguh Prasetyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4188

Abstract

The people want to understand the concept of law renewal, the general impression is that the meaning or ontology of the concept of law renewal is something like this: "The law is what you change and what you change." Legislative renewal is instead interpreted as the function of law as a tool or instrument (tool) for bringing about change, especially social change. On the other hand, in legal reform, law actually becomes a tool, a parameter, to guide the goals of society. The research method used to create this article is legal research. In general, the intended method of legal research is understood as prescriptive legal research. The theory used to analyze the importance of legal reform is the theory of dignified justice. This research clarified that legal renewal means efforts to bring about change in society using law as a tool (law as a tool for social engineering). In an engineering society, the law does not change, but the direction of change is determined according to the purpose of the law. The theory used to analyze the importance of legal reform is the theory of dignified justice. This research clarified that legal renewal means efforts to bring about change in society using law as a tool (law as a tool for social engineering In an engineering society, the law does not change, but the direction of change is determined according to the purpose of the law.

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