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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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Political Communication Model in Egy Sunardi Nurdin's Winning in the Village Head Election Andi Astinah Adnan; Muhammad Rais Rahmat Razak; Adam Latif; Muh. Rusdi; Hariyanto Hariyanto
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.v21i2.4209

Abstract

The High community participation in participating in village head elections indicates intense competition between candidates, so a strategy is needed to build communication with the community, especially by holding village head elections simultaneously and including candidates with a background of former contextual candidates. The purpose of this research is to find out the political communication model in winning Egy Sunardi Nurdin in the 2021 election for the Head of Compong Village, Pitu Riase District, Sidenreng Rappang Regency. The research method used is a descriptive qualitative method. By using purposive sampling technique. Observations, interviews. Research documents were collected and processed using the Nvivo 12 Plus data analysis technique. The results of the study show that the political communication model used by Egy Sunardi Nurdin when communicating with the public uses political communication as measured by indicators; political communicators, political messages, channels or media, goals or targets and influence or effects of political communication. All indicators have been implemented properly. In contrast to the previous context, the most dominant indicator used in the 2021 village head election is "political messages" which are conveyed by means of an approach through various activities such as being present at any time when there is grief for residents, celebrating residents, being active in building friendship and being actively involved in solving problems that arise. faced by residents and actively involved in the activities of the younger generation. This strategy has proven to be effectively used by Egy Sunardi Nurdin in winning the context of direct Village Head elections in 2021 in Compong Village.
Islamic criminal law: A Comparison Of its Application in Indonesia and Other Countries Maswandi, Maswandi; Jamillah, Jamillah; Duha, Junindra
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.v23i1.4213

Abstract

The crucial issue in grounding Islamic criminal law is that there are still many Islamic criminal law terms that use Arabic terms and Arabic backgrounds, so that Islamic criminal law is only considered to fit the Arabic context. And in Islamic law criminal law is called jinayah which is defined as actions prohibited by shara' which are threatened by Allah SWT with jarimah (punishment) hudud, qishas and diat or ta'zir, in other words, doing or not doing is only considered a criminal offense if a penalty has been determined and threatened against it. The type of research used is qualitative research with comparative descriptive method. The data collection technique in this research is the literature method, which traces the existing literature and carefully examines the data related to the issues discussed. The results of this study are the criminal laws of Indonesia, Malaysia and Brunei Darussalam as regulated in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013 have similarities and differences in terms of determining a criminal act of adultery. When viewed in terms of the definition of adultery in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013, both are not contrary to the provisions of jinayah fiqh. All three have similarities in determining the elements of a criminal act of adultery, namely the element without a legal marriage bond is one of the elements that determine an act of adultery, because if the relationship is based on a legal marriage then automatically the conditions in a marriage have been fulfilled and the relationship is a permissible act
Potential Criminalization of Beating a Nusyuz Wife in Islamic Law: an Examination of Law No. 23 of 2004 Concerning The Elimination of Domestic Violence Junaidi, M; Absori, Absori; Rizka, Rizka; Hakim, Rusydi; Budiono, Arief
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.v23i2.4215

Abstract

In the case of so much the role of the husband towards his wife, the Shari'a gives legitimacy to husbands to beat nusyuz wives. However, the permissibility of hitting a wife to educate is not explained clearly in the Qur'an, how to beat her or when it is permissible, so that this beating has the potential to be punished according to Law No. 23 Years of Articles 5 and 6 concerning the elimination of Domestic Violence (KDRT). The gap that occurs between the prohibition of domestic violence as regulated in the law and the permissibility of hitting one's wife in Islamic law becomes an ongoing polemic if there is no bright spot for an in-depth discussion that has the potential to criminalize Islamic law. This research uses a normative doctrinal approach. The main data source is secondary data in the form of documents. This research is descriptive in nature which explains in detail the data collection and the current situation. The data collection technique is done by means of literature. The data analysis method of this paper is normatively qualitative, initially identifying through various forms of documents. Next, examine the data obtained from the field and literature by studying the rule of law to generate data and conclusions from the materials obtained by the researcher. From this research, it was found that the hitting procedure that has been put forward by the opinion of the Syafi'i, Hanafi, and Hanbali schools is categorized as a misdemeanor in Article 44 paragraph (4) of the 2004 PKDRT Law, because this procedure of hitting basically causes pain, inflicted by the husband on his wife, and this physical violence does not cause illness or hinder the victim's ability to work, carry out his position, or carry out daily activities. Meanwhile, Imam Malik's opinion requires that the procedure for hitting him should not be painful or cause pain, so that he does not qualify as a crime of physical violence in the PKDRT Law.
Positive Criminal Law Regulations Regarding the Crime of Cyberbullying as a Form of Cyber Crim Chandra Adam, Richard
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.v23i1.4216

Abstract

This research aims to examine positive criminal law regulations related to criminal acts of cyberbullying as a form of cybercrime in Indonesia. Through a legislative approach, this research analyzes related legal developments in cyberbullying, with a focus on Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and amendments through Law Number 19 of 2016. The research results show that the ITE Law provides a strong legal basis for dealing with cyberbullying, with heavy sanctions for perpetrators. However, this regulation has also drawn criticism regarding potential restrictions on freedom of speech. Thoughtful law enforcement, education, and awareness of online ethics are important in addressing this problem. Legal changes and a holistic approach are needed to face challenges in the ever-evolving digital era.
Juridical Problematics Of Business Use Rights Over Management Rights Pradipa Probondaru, Ignatius
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.v23i1.4218

Abstract

Cultivation rights according to the UUPA are granted on state land, but in its current development cultivation rights can be granted on state land and land with management rights. Management rights as control rights from the state, the authority to implement which is partly delegated to the holder of management rights, in the development of regulations can be granted on state land and customary land. The purpose of this writing is to describe the juridical problems of cultivation rights over management rights. The method used is normative legal research with priority on secondary data which is analyzed qualitatively. Inconsistencies occur between PP No. 18 of 2021 and UUPA, indicating a violation of the principle of lex superior derogate legi inferiori. This creates juridical problems with cultivation rights over management rights, and can result in legal uncertainty for holders of cultivation rights over management rights.
ORGANIZATIONAL LEADERSHIP MODEL FROM A VUCA PERSPECTIVE (Comparative Study of BUMDes Kujati Perdana Karang Jati and Mitra Mandiri Sentosa Durensewu, Pandaan, East Java) Muhammad Khafid Ainul Yaqin; Abdul Juli Andi Gani; Romy Hermawan
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.v22i1.4220

Abstract

Leaders must influence member behavior as an example of the face of the organization and have the authority to evaluate member performance or make decisions regarding promotion. However, there is no consensus regarding the form, approach and leadership model that is suitable for the VUCA era. In-depth discussions are needed by taking various leadership cases in the VUCA era to find a suitable model. This research compares the Transformational Leadership theory from Bernard M. Bass Bernard M. Bass & Ronald E. Riggio (2006) and Adaptive Leadership from Travis Bradberry & Jean Greaves in (Rohaniah, 2021) in a VUCA perspective, with the aim of developing a leadership model for similar organizations BUMDes. The research results show that the leader of BUMDes Kujati Perdana lacks foresight and lacks use of technology, while the leader of BUMDes Mitra Mandiri Sentosa has strong development ideas, but also uses less technology. Based on this comparison, as argued by Theodore (2003), one of the other benefits of comparison is developing performance indicators. Research produces the concept of Locally Based Leadership which includes innovation, digital thinking, responsiveness, and human development.
Significance of Spousal Consent in a Loan Agreement as The Enforcement of Joint Asset Provisio Anne Guntari, Tifauni; Setyorini, Hening Hapsari
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.v23i1.4222

Abstract

Joint asset causes legal consequences in entering into a loan agreement and its accessor, collateral agreement. These legal consequences shall arise as spousal consent is necessary in entering into such agreement. However, many collateral agreements are arranged without a spousal consent. The purpose of this writing to find out the legal consequences of collateral agreements which are entered into only by one of the parties, husband or wife, over the joint assets and responsibility(s) of the Notary Public and Land Deed Official Certifier (“Pejabat Pembuat Akta Tanah/ PPAT”) regarding the agreement. This study utilizes normative juridical approach which was carried out by examining data from legal norms in the society, including laws and regulations. Based on its characteristic, this research is a descriptive study. The result of this study is agreement remains binding on the joint asset despite the collateral agreement being entered into without spousal consent. Meanwhile, the responsibility of the Notary Public and PPAT if they are proven to neglect their obligation is considered unlawfulacts.
Interfaith Marriage in the Human Rights Perspective and the Compilation of Islamic Law Misbahul - Huda; Rahmat Dwi Putranto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4226

Abstract

Becoming a husband and wife via marriage is a sacred relationship shared by a woman and a man. Basically, marriage is governed by the laws of each religion. Interfaith marriage is one of the phenomenon that takes place in Indonesia. Some of these weddings were consummated in secret, but most of them were done so in public. Interfaith unions are likewise forbidden by Islam, according to Surah Al-Baqarah verse 221. Law Number 1 of 1974, article 2, also forbids interfaith unions. Interfaith weddings are still common in Indonesia, therefore this tradition has generated criticism even in the present day. Normative legal research is the methodology employed in this legal study. The findings of this study demonstrate that interfaith marriage is forbidden by the Compilation of Islamic Law (KHI) and Human Rights (HAM), which states that it is against God's mandates. All major religions forbid its adherents from marrying outside of their own faith. In order to compel all citizens to abide by the relevant legal regulations, the Marriage Law and the Compilation of Islamic Law both forbid interfaith marriages. The highest human right in terms of human rights is divinity, which means that all individuals are required to follow their god's laws. The primary issue under investigation is how Islamic law and human rights relate to interfaith marriage and the legal ramifications of the human rights perspective on such marriages, which forbids and does not accommodate interfaith unions because all of the freedoms and rights outlined in the declaration are subject to sharia, or Islamic law.
Election Law Challenges in the Digital Era Gunawan - Nachrawi; Rahmat Dwi Putranto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.4227

Abstract

There are many benefits that can be gained from the digitalization process, but there are still many problems that exist in Indonesia. The discourse on digitizing election law enforcement is still a matter of debate. For this reason, it must be studied seriously and actually implemented. Researchers analyze based on normative juridical studies related to digitalization problems and offer solutions to overcome obstacles to digitalization of elections and law enforcement. The advancement of science and technology has both beneficial and detrimental effects on human existence. Similarly, the legal metanarrative must confront the reality of cyberspace as one of the technological advancements. A novel and all-encompassing strategy is required to solve legal metanarratives' helplessness in the face of digital obstacles.
THE VALIDITY OF MARRIAGE USING TELECOMMUNICATION MEDIA (TELECONFERENCE) BASED ON LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE Selamat Lumban Gaol
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.v21i2.4228

Abstract

The aim of the research is The Validity of Marriage Using Telecommunication Media (Teleconferencing) Based on Law Number 1 of 1974 concerning Marriage. In this legal research, the author uses a legal research approach, namely a statutory (statue) approach approach), case approach (case approach), conceptual approach ( conceptual approach ). Legislative approach ( statue approach ) is carried out by reviewing the laws and regulations relating to issues that are in accordance with the legal issues in the case related to this research. In this thesis, the researcher takes a case study of marriage via teleconference media in Kalimantan west. The result of From the description of the discussion in chapters I to chapter IV above, the researchers draw the following conclusions the validity of Marriage Using Telecommunication Media (teleconference) as stated in Article 2 paragraph (1) that "Marriage is valid if it is carried out according to the laws of each religion and belief". Marriages using telecommunications media specifically in Indonesia are not yet regulated, therefore marriages or marriage contracts via teleconference are considered valid if they meet the requirements and harmony. Marriage via teleconference is basically the same as the implementation of marriage contracts and marriages in general, but the difference is that the implementation of marriage contracts and marriages via telecommunications is in a different assembly (long distance) or the marriage ceremony is carried out via telecommunications equipment which can be seen in pictures and can be heard. his voice. And then Obstacles faced during marriages using telecommunications or teleconference media include the bride and groom not being in a place or assembly, thus hampering the process of signing the marriage certificate, implementation towards the parties recording marriage nor KUA office. Second bride and groom, guardians and witnesses sign A valid marriage certificate prepared by employees Note taker Marriage”. 

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