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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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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 Prasetyo, Teguh
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.
Getting Married in the Digital Age: An Exploration of Online Marriage Applications in Islamic Family Law Harahap, Haddad Ulum; Harahap, Rijal 'Allamah
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.v22i1.4190

Abstract

This study aims to understand the practice of online marriage that can be integrated with the provisions stipulated in Islamic Family Law. In the growing digital age, the trend of online marriage is growing among the Muslim community. This has driven the need to adapt traditional wedding practices to digital technology. This research identifies and explores challenges in the integration between Islamic marriage practices and digital technologies. This research uses qualitative methodology with data collection through literature study and document analysis. The main results show that the integration of online marriage applications in Islamic Family Law is possible through specific adjustments to the provisions applicable to Islamic family law and the technology used, including digital identity verification and video conferencing for brides-to-be. As for prospective husbands, guardians, and witnesses are required to meet face to face offline in one assembly. The research also found that negotiating and recording dowries digitally can be done with transparency and in accordance with Islamic law. These results have significant implications for the practice of marriage in Islam, and show that with the right approach, technology can be a tool that enriches the practice of Islamic marriage, as well as enabling society to maintain traditions in this digital age. As such, the research contributes to an understanding of the adaptation of Islamic law in the digital age, and provides new insights into the potential and challenges of technological integration in Islamic marriage practice.
Literature Review: Ethics and Health Law Irmanjaya, Irmanjaya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4191

Abstract

Humans as social beings grow and develop through interactions with others, requiring norms and ethics in communal life. Ethics and health law are important foundations in maintaining the well-being of individuals and society. This study used a qualitative method with a literature review to collect and analyze information related to the principles of ethics and health law. Ethics, originating from Latin and Greek words, refer to norms of behavior related to human values and customs. Law regulates human behavior in society with the aim of maintaining order and justice, including in the context of health services. Ethics and health law complement each other, where the law tends to be rigid while ethics provide morally responsive guidance to changes. Conflicts between ethics and health law, such as in cases of abortion, emphasize the need for clear policies and a strong moral understanding from medical professionals. The application of ethics and health law in health services, especially in hospitals, influences patient experiences, reflecting practices that are professional and respect patient privacy.
Konsepsi Ganti Kerugian Bagi Anak Korban Dalam Tindak Pidana Perdagangan Orang Berdasarkan Nilai Keadilan Kurniawan, M. Arief; Eddy, Triono; Mansar, Adi
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.v22i1.4192

Abstract

Children are a gift from God that is inseparable from the survival of a nation, so their existence must be protected from everything that can damage them physically or mentally. Children who are victims of criminal acts of human trafficking should be treated like victims who should be protected by the government through existing laws and regulations so that child victims are no longer victims in a legal process with its various dynamics. Compensation for child victims in criminal acts of human trafficking based on the value of justice is realized through compensation. Compensation from the state is given in the event that the perpetrator of the crime of trafficking in persons is unable to pay restitution and the victim is a child, then the restitution can be replaced by providing compensation from the state to the child victim. Furthermore, with the concept of compensation in the form of compensation for child victims, reconstruction of article 48 of Law no. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking, namely the addition of paragraph 8 (eight) in article 48 which states: "In the event that the perpetrator of the criminal act of human trafficking is unable to pay restitution while the victim is a child, the restitution can be replaced by providing compensation from the state towards the victim's children or their heirs
Legal Resolution of Discriminative Acts for Persons with Disabilities as Human Rights Violations in Indonesia Pakpahan, Zainal Abidin
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.v23i2.4195

Abstract

Discrimination against people with impairments constitutes a global violation of human rights. This study employs a normative law approach. Discrimination against people with disabilities is punishable by imprisonment for up to one year and/or a fine of up to one hundred million rupiah under Articles 15 and 16 of Law of the Republic of Indonesia Number 40 of 2008 on the Elimination of Discrimination, Race, and Ethnicity if it includes ethnicity, religion, race, and culture, as well as discrimination against children and women with disabilities. As a result, Articles 144 and 145 of Law of the Republic of Indonesia Number 8 of 2016 Concerning Persons with Disabilities expressly offer criminal punishments for discrimination. As a result, addressing acts of discrimination against people with disabilities is a small violation of human rights if it arises because of the victim's material and moral damages. The process can be carried out in a non-adjudication manner through a mediation process, as well as a settlement process using the adjudication route through prosecution to the District Court in the event of material and moral losses experienced by the victim, indicating the need for a fair legal solution for perpetrators of acts of discrimination against people with disabilities as a minor human rights violation in Indonesia.
THE EXISTENCE OF AN EMERGENCY SITUATION WITH COMPELLING URGENCY BASED ON THE FORMULA OF THE ARTICLE OF THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA Dewi, Lia Riesta; Suriyanti, Lili
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.v23i1.4196

Abstract

The meaning of a state of emergency with a compelling urgency is very dependent on the meaning of the President's interpretation, because the President has the authority to determine when something is considered a state of emergency and when something is considered a state of urgency which causes this situation to create no legal certainty in determining a state of emergency or urgency coercive because everything really depends on the interpretation of the authority taken by a President based on his own legal interpretation because the 1945 Constitution of the Republic of Indonesia gives this authority to the President, while the 1945 Constitution of the Republic of Indonesia does not provide clear boundaries as to what is the definition of a state of emergency with a coercive urgency. This Research used Qualitative research methods. Qualitative research methods using normative juridical and empirical juridical approaches using primary data and secondary data. The result shows that State of emergency includes war emergency, military emergency and civil emergency which are based on situations that have actually occurred or are objective while for compelling emergencies based on the subjective circumstances of the president, with the standards set out in the Constitutional Court Decision Number 138/PUU-VII/2009. Determination of a state of danger which is the implementation of Article 12 of the 1945 Constitution of the Republic of Indonesia from 1946-2018 is contained in 12 laws and the urgency that compels the implementation of Article 22 of the 1945 Constitution of the Republic of Indonesia from 1960-2020 is contained in 134 Perppu issued by the President.
Law Enforcement in Dealing with the Lack of Ethics of Social Media Users by the Directorate of Cyber Crime (Dittipidsiber) Bareskrim Polri Sitepu, Dedek Ervina; Nita, Surya; Handayani, Riska Sri
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.v23i2.4197

Abstract

This research aims to analyze the law enforcement mechanisms carried out by the Directorate of Cyber Crime (Dittipidsiber) of the Indonesian National Police's Criminal Investigation Department (Bareskrim Polri) in facing the lack of ethics among social media users that potentially lead to cybercrimes. With a focus on handling cybercrime cases on social media, this research reveals and analyzes the steps taken by Dittipidsiber in responding to ethical violations in cyberspace. The research methodology employed is qualitative with a case study approach. Data was collected through document studies, interviews, and observations to gain a comprehensive understanding of the law enforcement processes undertaken by Dittipidsiber. Data analysis was conducted by interpreting information obtained from these sources to construct a comprehensive understanding of the research subject. The conclusions of this research indicate that Dittipidsiber Bareskrim Polri has implemented a series of repressive and preventive efforts to address cybercrimes. These efforts include law enforcement, investigation, prosecution, infrastructure improvement, education and training, socialization and education, sanctions enforcement, as well as international cooperation. Additionally, the mechanisms for handling cybercrime cases involve both criminal and non-criminal legal policies, digital forensic analysis, and service optimization to prevent criminal activities, based on the Electronic Information and Transactions Law (UU ITE). Education and socialization to the public also play a crucial role in preventing cybercrimes.
Dynamics of Progressive Law Implementation in Indonesia: Prospects and Challenges of Law in the Era of Industrial Society 4.0 Tanlim, Kiki; Nita, Surya; Badry, Ahmad Ibrahim Badry
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.v23i1.4203

Abstract

This article aims to analyse the dynamics of progressive law implementation in Indonesia, as well as explore the various prospects and challenges facing the law in the Era of Industrial Society 4.0. The method used in this research is a literature review of publications in leading journals. Through literature analysis, this article identifies several factors that affect the implementation of progressive law in Indonesia, especially in the era of Industrial Society 4.0. First, there are challenges in terms of understanding and awareness of the concept and implementation of progressive law among legal practitioners and the general public. This limited knowledge and understanding can hinder the application of progressive law in everyday legal practice. Second, institutional factors also play an important role in the implementation of progressive law. Lack of government consistency along with commitment from legal institutions, such as the courts and the police, can hinder the implementation of progressive law. In addition, other challenges such as weaknesses in the judicial system and its bureaucracy, potential conflicts in values and culture, and imbalances in regulation can also be obstacles to the implementation of progressive law. This article also identifies the future prospects of progressive law implementation in Indonesia. With a growing awareness of the importance of progressive law in achieving social justice, there is potential for positive change. With growing awareness of the importance of progressive law in achieving social justice, there is potential for positive change. Improved legal education, training, and public awareness can strengthen the implementation of progressive law in Indonesia. Overall, this article concludes that the implementation of progressive law in Indonesia faces significant challenges, but also has bright prospects for the future. Collaborative efforts from various parties, including legal practitioners, legal institutions, and the general public, are needed to strengthen the implementation of progressive law and achieve better social justice in Indonesia.

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