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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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Indonesia's National Defense Strategy in Facing the Threat of Changes in the Strategic Environment Wahid, Muhamad Hasanuddin; Banyu Perwita, Anak Agung; Thamrin, Suyono; Widjayanto, Joni
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.v23i1.4246

Abstract

Received: 2023-11-16Revised: 2024-02-12Accepted: 2024-03-19 Keywords:Global and Regional Environmental Strategy; Security Vulnerabilities and Threats; International Cooperation;Arms Race;Sustainable Development and National SecurityThe aim of this research is how Indonesia responds to changes in environmental strategy, in building protection capabilities for the implementation of national development. For this reason, it is necessary to identify weaknesses and vulnerabilities that can be exploited by the state or the external sector to achieve goals. The research method used is a qualitative method, while for threat analysis used is the Means, Ways, and method, namely, how to understand, disseminate and formulate existing threat strategies. This method consists of three parts that are interconnected with each other. The research results show. Global and regional environmental developments are marked by the emergence of several new problems that will have a significant impact on human development in the future. During long- standing problems and conflicts, international cooperation is the only option that offers hope for international peace and stability. The role of large countries and their dominant influence remains the main feature of global and regional environmental strategy. Opportunities for developing countries to increase their economic competitiveness and bargaining power are limited due to the increasing economic, political, defense and security power of several countries in various regions. In this context, new breakthroughs in prioritizing the environment, increasing national damage, and implementing sustainable development are urgently needed. The proliferation of nuclear weapons and nuclear nuclear development programs by several countries, such as North Korea and Iran, poses a threat to global security and the potential use of nuclear weapons in a war between Russia and Ukraine. Strengthening global and regional political and security policies in the future when many countries will emerge with economic and military strength. The arms race is intensifying, of strategic importance to countries around the world.                                                      Indonesia needs to have close relations with several    countries such as Australia, Russia, China, and the United States. Efforts to build mutually beneficial relationships need to be prioritized to realize Indonesia's strategic interests in the medium and long term. On the other hand, Indonesia has and will face several vulnerabilities and even threats. Problems related to energy supply, population, environment, economy, separatism, and many transnational security issues need to be addressed immediately with sustainable action. To overcome these problems, it is necessary to adjust strategies, improve the ideological, political, economic, socio-cultural and security conditions for preserving Indonesia, as well as maintaining the integrity of the state and the sovereignty of the Republic of Indonesia. continue to increase national capacity. Security of Indonesian citizens.
IMPLEMENTATION OF GOOD GOVERNANCE IN THE PROCUREMENT OF GOODS AND SERVICES TO ANTICIPATE STATE FINANCIAL LOSSES Pandi Harahap, Ahmad Ari; Triono Eddy; Ida Hanifah
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.v23i2.4261

Abstract

Procurement of government goods and services is one of the activities that is very prone to corruption, collusion, and nepotism (KKN). In addition to carrying out law enforcement, to overcome KKN in the procurement of goods and services, various supporting policies are established that are enforcement and prevention. The research conducted is normative juridical or research that analyzes written law, jurisprudence, and norms that live in society. The descriptive-analytical approach aims to take systematic, factual, and accurate data on a problem based on applicable laws and legal norms. The results of this study show that Good Governance can anticipate state financial losses in the Government BJP through the implementation of the principles of participation, rule of law, transparency, effectiveness and efficiency, and accountability. The forms of policies in the procurement of fair goods and services are the establishment of integrity pacts by both relevant agencies and PJB participants, the E-procurement System, the procurement of goods and services through electronic tenders that are spared, and a comprehensive audit system to find indications of violations.Keywords: Good Governance, Goods and Services, State Finance, E-Governance, E-Procurement.
Authority For Issuing Halal Certifikation In Indonesia : History, Philosofhy, And Institutions Harahap, Syahrul Bakti; Perdana, Surya -; Wajdi, Farid -
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.v23i2.4264

Abstract

The UUJPH's halal certificate laws have clarified matters for the protection of consumers, particularly Muslims. The state is adamant about shielding Muslim customers from goods that are neither halal nor certified halal. The Indonesian government has enacted Law Number 6 of 2023 addressing job development, which contains laws on the authority to issue halal certification and halal emblems in Indonesia, as well as Number 33 of 2014 concerning Halal Certification. These regulations aim to regulate halal certification in Indonesia. Based on a formal Fatwa granted by Indonesia, a halal certificate is an acknowledgement of a product's halalness issued by the Halal Product Guarantee Management Agency (BPJPH). The Ministry of Religion's Halal Fatwa Council and Ulema Council (MUI). This study employed normative juridical legal research, or qualitative research, by examining the legal norms and principles found in statutes. It was decided that the Indonesian Ulema Council (MUI) would be in charge of halal certification after literature research revealed that the government, specifically the Ministers of Religion, Health, and Home Affairs Number 42/Me.Kes/VIII/1985, originally had the authority to issue halal certificates.
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 Sugiarto, Agus
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) agustina, inanda
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 Ardhanariswari, Riris; Pamuji, Kadar; P., Oktafiani Catur
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 Sutrisno, Endang; 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

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