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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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Sentecing Model For Residivists Of Illegal Mineral And Coal Mining Crimes Kaplele, Farida -; Rohrohmana, Basir -; Budiyanto, Budiyanto -
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.v23i2.4265

Abstract

The goal of the current normative research is to investigate how Law Number 4 of 2009 concerning Mineral and Coal Mining (also known as the Minerba Law) applies to the sentencing of recidivist offenders for offenses involving mining minerals and coal. When it comes to dealing with criminal punishments for recidivists who commit crimes related to mining and minerals, there appears to be a complete lack of legislation. This indicates a legal gap that applies to perpetrators who meet the requirements for recidivist status. Since it is governed by Book Two, Chapter XXXI covering Rules for Repetition of Crimes Relating to Various Chapters, Articles 486 to Article 488, the present Criminal Code's position on recidivists is, in theory, not a general norm in this regard. Articles 486 through 488, however, define recidivist as a criminal aggravation for the kinds of criminal crimes included in the established provisions. The criminal punishments found in the Criminal Code correspond to the penalties found in a number of specific criminal legislation that are applied to repeat or recidivist offenders.
Legal Review and Impact on Society of Online Gambling in Indonesia Agus Sugiarto
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.v22i1.4267

Abstract

Online gambling in Indonesia has become a significant topic in the legal and social realms. This research aims to investigate the legal aspects related to online gambling practices and their impact on Indonesian society. The research method used is normative legal analysis to examine various laws, regulations and policies that regulate online gambling in Indonesia. Apart from that, a qualitative approach was also used to understand people's views and experiences regarding online gambling. The research results show that the online gambling phenomenon is a serious problem that affects society at large. Various complex factors such as economic pressure, unemployment, social environment, and lack of effective regulation have been identified as the main triggers for online gambling. Although laws have been passed to prohibit online gambling, implementation and enforcement still face significant challenges. The impact of online gambling on individuals and society includes financial problems, mental health, and social disharmony. Therefore, a holistic approach is needed that involves prevention efforts, economic empowerment, education, and effective law enforcement to overcome this online gambling phenomenon and maintain the welfare of society as a whole. With a deeper understanding of these factors, it is hoped that prevention and law enforcement efforts can be more effective in dealing with the phenomenon of online gambling in society.
Legal Review of Adopted Children's Inheritance Rights from the Perspective of Civil Law in Indonesia Yuhelson Yuhelson
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.v22i1.4268

Abstract

Adopted children are often a complex subject in the inheritance law system, because of their position between two families, namely the biological family and the adoptive family. This research will examine the legal framework governing the inheritance rights of adopted children, evaluate conflicts that may arise between civil law and social practice, and offer legal solutions or recommendations that can balance the interests involved. This research uses a qualitative approach with descriptive methods. The research results show that adoption has a major impact on the position of adopted children's inheritance rights in civil law. Although the adoption process through the courts can provide stronger legal certainty regarding the inheritance rights of adopted children, there are variations in local legal provisions that influence the recognition and allocation of inheritance rights of adopted children. The importance of a clear and official legal process in regulating the status of adopted children is emphasized to ensure legal certainty and protection of their inheritance rights. Apart from that, gifts and wills also play an important role in the distribution of inheritance, but the calculation of legitimacy must be taken into account to ensure fairness in inheritance allocation. Thus, protection of the inheritance rights of adopted children needs to be strengthened by considering various legal aspects related to the inheritance process, to maintain justice, sustainability and peace in inherited families.
Juridical Review Of The Customary Sale And Purchase Of Land In Kalisalak Village, Limpung District, Batang District Sihotang, Amri Panahatan; Udianto, Udianto -
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.v23i2.4271

Abstract

A reform intended to ensure legal certainty and improve the quality of evidence is the sale and purchase of land, which was previously sufficient to be completed in the presence of the village head but now needs to be completed in the presence of the PPAT per land regulations. The issue at hand pertains to the proper methods for purchasing and disposing of customary land within Kalisalak village, as well as the challenges that may arise. This study employed an empirical juridical research design with analytical descriptive research criteria. The study's findings indicate that, despite certain barriers to customary land purchasing and selling, the community's continued practice of land transactions based on custom is still permitted as long as the "cash" and "clear" requirements are satisfied. To avoid disputes in the sale and purchase of land, the government must provide clearer regulations for oversight and implementation. Additionally, legal knowledge about these restrictions must be widely distributed. In order to acquire legal clarity regarding land rights, the PTSL program significantly benefits the community and makes obtaining property certificates simple. This research suggests that in order for current legislation to be relevant to current trends, the government should evaluate its customary land regulations
Politik Hukum Imigrasi Nasional Pasca Terbentuknya Masyarakat Ekonomi ASEAN (MEA) inanda agustina
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 17 No. 2 (2017): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v17i2.537

Abstract

Hukum Keimigrasian di Indonesia mengatur mengenai perlintasan orang asing yang masuk dan keluar Wilayah Negara Republik Indonesia yang menganut kebijakan selective policy. Hal tersebut dapat dilihat dalam Pasal 8 dan penjelasan Pasal 8 Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian yang mengatur mengenai persyaratan orang asing yang akan masuk wilayah Indonesia. Negara sebagai masyarakat internasional tidak dapat menutup mata terhadap perubahan jaman yang semakin canggih. MEA yang merupakan salah satu produk kesepakatan regional mengarahkan Indonesia untuk beralih pada open door policy. Hal tersebut jelas bertentangan dengan apa yang telah dianut oleh Hukum Nasional khususnya di bidang imigrasi. Tulisan ini menjawab pertanyaan tentang bagaimanakah konsep kebijakan selective policy dalam Undang-Undang Nomor 6 Tahun 2011 Tentang Keimigrasian sebagai politik hukum keimigrasian nasional dan bagaimanakah pergeseran kebijakan keimigrasian dari selective policy ke open door policy pasca perjanjian MEA serta apa keuntungannya bagi Indonesia.
Peran Desa Sebagai Basis Migrasi Aman dalam Perlindungan Tenaga Kerja Indonesia Riris Ardhanariswari; Kadar Pamuji; Oktafiani Catur P.
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 17 No. 1 (2017): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v17i1.538

Abstract

The lack of knowledge possessed by Indonesian labor abroad gives rise to some vulnerability. An urgent problem to solve is the formulation of village regu-lations on the protection of the Pamijen Village workforce in order for Indonesian workers from Pamijen Village to be protected for safe migration and to ensure that abandoned families can educate abandoned children well. This research uses a qualitative approach because it has advantages in constructing social reality, cultural meaning, focusing on interactive processes and events. The authors discussed with Pamijen Village Government to get inputs related to improving the capacity of the village apparatus through training on the formulation of Village Regulations on the Protection of Indonesian Workers and then conducting public hearing activities through focus group discussions. The results of the research conducted in Pamijen Village, Sokaraja Sub-district resulted in an agreement to draft the Pamijen Village Rule of Re-gulation on the Protection of Prospective Indonesian Workers/ Indonesian Migrant Workers and Their FamiliesKeywords: Village, Protection, Indonesian Worker
Kebijakan Perlindungan Hukum Terhadap Anak Pelaku Tindak Pidana Endang Sutrisno; Yondri Yondri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 17 No. 2 (2017): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v17i2.541

Abstract

The protection that has been imposed by law concerning the rights and obligations of human being as the subject of law in its interaction with other human being and its environment so that it can take legal action. Child protection in Law No. 35 of 2014 on Child Protection is defined as all activities for the protection and protection of children and the rights of children to live, grow, develop and properly in accordance with the dignity and dignity of humanity and get sanction from violence and disk . This paper discusses the law of a child who is full of laws. The acquisition of the load contained in the content of positive legal legislation is the right of every child, the embodiment for the children, building justice in society, for the achievement of the rights of the child. Special protection of children who are full of law in the criminal law domain for children who are victims of criminal acts, flee and offenders.Keywords: Legal Protection, Child Rights
The Attendance of Independent Candidates in Local Head Election as a Effort to Improvement The Government System Joko Martono; Budimansyah Budimansyah; Annurdi Annurdi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 17 No. 2 (2017): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v17i2.543

Abstract

The nature of political party is accentuated their interest that causes the decrease of public confidence in the political party. It affects the election of local heads when the candidate supported by the political party in the election process. So that the presence of regulation that opens the opportunity for independent candidates in the election of local head, raises the hope to improve the government system. This research type is normative juridical research, and the data used for this research are some legislation, documents, and books relating the election of local head. The result of this research revealed that independent candidates that elected as local head face problems when they must be able to maintain a balance with the local parliament as a consequence of did not get support from political parties.Keywords: Independent Candidate, Local Head Election
Economic Analysis of Law Pada Perubahan Kebijakan Kontrak Karya Menjadi Ijin Usaha Pertambangan Khusus (IUPK): Studi Kasus Pt. Freeport Indonesia Isti Sulistyorini; Siti Zulaekhah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 17 No. 2 (2017): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v17i2.544

Abstract

Freeport Indonesia is the first Indonesian PMA company in the field of mineral mining which has been operating its business activities since 1968, at the time of enactment of Law no. 1 Year 1967 about PMA. Political turmoil and economic instability, low exchange rate and social conflicts are a burden to the government and demand a swift step to overcome them. As a potential economic sector deemed capable of sustaining state revenues to be distributed to the public and ultimately improving the welfare of the people, the mining sector receives serious attention. Based on author literature search, PT. Freeport Indonesia is the first Indonesian PMA company in the field of mineral mining which has been operating its business activities since 1968, at the time of enactment of Law no. 1 Year 1967 about PMA. Based on the economic analysis of law according to Richard A. Postner, the change of the mining concession policy from contract-based in the form of Contract of Work (KK) to license-based through a Special Mining Business License (IUPK) is in accordance with the economic approach to the law. Government of Indonesia gradually over its attitude that the renewal of mining concession mechanism that is more oriented to the greatest prosperity of the people.Keywords: Economic Analysis Of Law, Contract of Work, Freeport
Pelaksanaan Standarisasi Pelayanan Pariwisata Halal dalam Pengembangan Pariwisata di Nusa Tenggara Barat Adrian Adi Hamzana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 17 No. 2 (2017): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v17i2.545

Abstract

West Nusa Tenggara Province received 3 (three) awards at The World Halal Tourism Awards 2016. The government then appointed West Nusa Tenggara as one of the national halal tourism destinations and as one of 10 priority destinations that have a vision of "World's Best Halal Tourism and Cruise Destination". Local Government take steps by passing Regional Regulation No. 2 Year 2016 on Halal Tourism. This study is an empirical law study, with a statutory approach, a conceptual approach, and a sociological approach. Based on the results of the research, the implementation of standardization of halal tourism services in West Nusa Tenggara on destinations conducted by the Department of Culture and Tourism through the fulfillment of public facilities according to halal tourism. The standardization of halal tourism industry is done by the Department of Culture and Tourism, the Department of Industry and Commerce and the Health Service, and the Ulema Council of Indonesia-West Nusa Tenggara as the institution authorized to issue halal certificates. Factors affecting the standardization of halal tourism services are legal factors (legislation), legal structure (law enforcement), supporting facilities or factors, community factors and cultural factors. Keywords: Implementation, Standardization, Halal Tourism.

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