Pena Justisia: Media Komunikasi dan Kajian Hukum
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.
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<![CDATA[Implementasi Standar Sumber Daya Manusia dan Pelayanan Minimal Kesehatan di Kota Pekalongan ]]>
<![CDATA[Indriono, Anik]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1136
<![CDATA[ Hospital is a health service facility that must provide services according to applicable service standards. One of the front guards of a hospital is an Emergency Room (IGD) which will provide emergency assistance to every patient. Emergency is a condition that threatens life and disability, so it needs fast, precise, effective and quality action. This can be achieved if the hospital has a standard of service in the Emergency Room. This study aims to determine the implementation of HR standards and minimal services in hospital emergency departments. This research is a qualitative research with a sociological juridical approach. Sociological juridical is legal research that uses secondary data as initial data, which is then followed by primary data or field data. The juridical aspect in this research is the regulation of the minister of health regarding the standards of the Hospital Emergency Room and the sociological aspect is the implementation of the rules in the ministerial decree by the hospital. Sources of legal materials for this research include primary and secondary legal materials. Data collection techniques used are through interviews and literature. The results showed that the Standard Emergency Room is regulated in Law No. 44 of 2009 concerning the Hospital. In particular, the IGD standard has been regulated in the Republic of Indonesia's Minister of Health Kepmenkes No.856 / Menkes / SK / IX / 2009 regarding the standard of Hospital Emergency Room Installation. But in reality in the field, the hospital has not fully implemented these regulations, so the quality of service in the ER is less. Thus the patient's right to get quality services is neglected. According to the Hospital Law Article 29 Paragraph 1 point (a) that "Hospitals are obliged to provide safe, quality, anti-discrimination, and effective health services by prioritizing the interests of patients in accordance with Hospital service standards". The supporting factors for implementation are high human resource motivation and the inhibiting factors, namely the opportunity and cost of further study for nurses, do not yet exist.Keywords:Implementation; Human Resource Standards; Minimum Service Standars; Hospital.]]>
<![CDATA[Law Compliance Against Perpetrators of Covid-19's Forced Retrieval ]]>
<![CDATA[Susilawati, Endang Yuliana]]>;
<![CDATA[Prasetyo, Tabah Budi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.1137
<![CDATA[The spread of Corona Virus Disease 2019 (COVID-19) in Indonesia is now increasing and extending across regions and across countries. The increase has resulted in death, decline and economic slowdown (recession), disrupted educational, economic and social activities, and most concerned about the psychological impact and behavioral changes on society. Like the case of coaxial corpse-19 corpse taking, this was the impact of the lack of effective socialization, education and communication from the government to the community and the hospital to the family /community. In this case, law enforcers need to participate in educating and disseminating to the public effectively and acting decisively against people who insist on violating applicable health regulations / protocols. Law enforcement can be done in a humane and solutive manner so as not to cause resistance in the midst of society. If the public still insists on violating the coaxial collection of covid-19 bodies, they may be subject to sanctions such as Article 93 of Law No. 6 of 2018 concerning Health Quarantine jo Article 211, 212, 214 of the Criminal Code, Article 335 of the Criminal Code, with a penalty of up to 7 (seven) years prison and Article 336 paragraph 1 and 2 of the Criminal Code. This paper aims to review and discuss the rule of Law enforcement the suspect the force bodies covid-19.Keywords:Law Enforcement; Covid-19; The Force Bodies Covid-19]]>
<![CDATA[Problematika Pemilihan Kepala Daerah Calon Tunggal Dalam Demokrasi Indonesia ]]>
<![CDATA[Ishak, Nurfaika]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1144
<![CDATA[This study aims to explain the arrangements for a single candidate regional head election and how people's sovereignty is channeled into the democratic process of regional head elections. This type of research is a descriptive normative juridical study. The data used are secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The results showed that the regulation of regional head elections with only 1 (one) pair of candidates began with the issuance of the Constitutional Court decision Number 100 / PUU-XIII / 2015 which was subsequently followed by the issuance of General Election Commission Regulation Number 14 of 2015 and Law Number 10 of 2016. Whereas the people are the determinants of government administration power through the regional head election process so that the people as the main activator of the wheel of democracy should not be hindered in choosing candidates for regional head leaders even though there is only one pair of candidates involved in the election. Election of heads must be carried out honestly and fairly so that political awareness by all citizens can be realized.Keywords: Local Elections; Sovereignty; Democracy.]]>
<![CDATA[Analisis Perlindungan Hukum Terhadap Pekerja Putting Out System di Jawa Timur ]]>
<![CDATA[Sanda, Niken Nendy Istaqnaligh]]>;
<![CDATA[Arinta, Ulfa]]>;
<![CDATA[Al-Fatih, Sholahuddin]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1145
<![CDATA[The issue of homeworkers is still in the spotlight about a lack of guarantees of the health, safety and rights they should get. This study is determined to find out how the legal protection of home workers by putting out the system. Homeworkers who work as a put out system whose existence is not protected by the law. The government must be present to protect homework that is very susceptible. Keywords: Putting Out System, Homeworkers]]>
<![CDATA[Nilai Moralitas dalam Pembentukan Peraturan Perundang-Undangan ]]>
<![CDATA[Suryani, Suryani]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1147
<![CDATA[The legislators should make the value of Pancasila a fundamental value or as the source of all sources of law, bringing consequences for the legislators to become a guide and guide in carrying out legislative functions. Ironically, the reality is that the legislators show that there are paradigmatic problems and a crisis of ethical awareness in the formation and enforcement of laws in Indonesia. What emerges is law development and law enforcement that is stagnant, centralized, corrupt and very far from divine and humanist values, and far from achieving social justice. The actualization of Divine Values as the fundamental value of Pancasila should be accommodated and become the basis for legislators in carrying out their functions and duties in the formation of laws or laws and transformed into laws that they form, so that they will give birth to laws that are effective and have divine dimensions. humanity, unity and social justice.Keywords: Morality; Legislation; Regulation.]]>
<![CDATA[Public Engagement in the Implementation of the Policy on Waste Banking ]]>
<![CDATA[Jaelani, Abdul Kadir]]>;
<![CDATA[Indrastuti, Lusia]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1171
<![CDATA[Kalisoro urban village is one of the tourist areas facing the issue of rising pile of garbage and the lack of knowledge of the waste. Especially in waste management this problem really needs more attention. Society involvement support is required in this waste management. Kalisoro Village waste management is an independent waste management village which involves the community. In this management, using the Reuse, Minimize, and Recycle 3R process. This study aims to explain the participation of independent waste village management by identifying the phases of participation society, the level of participation society and the factors affecting participation in the group. This study is presented in qualitative descriptive form, using in-depth interview technique in data collection and also using interactive data analysis technique for data triangulation. In this study, the culture represented by the Non-Governmental Organisations manages the consequence of involvement society in the management of the autonomous waste villages. Society ways of engagement are to contribute ideas, resources, funds, and engage in waste collection. But not all Kalisoro Village groups participated directly. In Kalisoro Village the level of participation society involves Citizen Power.Keywords: Participation; Society; Kalioso]]>
<![CDATA[Pemberdayaan Bimbingan Perkawinan dalam Mewujudkan Keluarga Sakinah ]]>
<![CDATA[Ritonga, Muhammad Hatami]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1301
<![CDATA[This study aims to discuss the empowerment of marriage guidance in realizing a sakinah family. This type of research is a descriptive analytic field research. Data collection is used by interviewing, and documentation to produce data about the object of this research study. The research data were collected through interviews and documentation. Analysis using the inductive method and also deductive analysis. The results showed that the empowerment of marriage guidance in realizing the sakinah family had not been carried out optimally, so it was impressed as an administrative requirement. As a result, many divorces occur after marriage.]]>
<![CDATA[Konstitusionalitas Pengelolaan Migas dalam Mewujudkan Kedaulatan Energi Indonesia ]]>
<![CDATA[Najicha, Fatma Ulfatun]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1305
<![CDATA[This study aims to explain and analyze constitutional oil and gas governance in the context of creating the welfare of the Indonesian people. This research is a normative study, using secondary data in the form of primary, secondary and tertiary legal materials. The results of the study found that the constitutionality of Indonesian oil and gas management is regulated and contained in the oil and gas laws and regulations which give Pertamina a dual function as operator and regulator, while the policy function is carried out by the government. This management violates the constitution and the principle of state control or state sovereignty over oil and gas as stipulated in the 1945 Constitution which is then spelled out in statutory regulations in the oil and gas sector. Another finding is that the management of oil and gas in Indonesia is still unable to have a positive impact on the Indonesian people and is detrimental to state finances. The current management is very dominated by foreign parties because the Indonesian oil and gas sector is controlled by foreign companies up to 89 percent or the potential for state financial losses due to the imposition of "cost recovery" in the oil and gas sector that is not exactly Rp 345,996 trillion rupiah per year or 1.7 billion per day.]]>
<![CDATA[Pembuktian Tindak Perkosaan Berperspektif Korban Dalam Putusan Hakim ]]>
<![CDATA[Anisah, Laili]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1310
<![CDATA[This study aims to analyze the judges' perceptions regarding the sexual history of the victim whether or not it has an influence on the punishment of the perpetrators or not, because rape victims need more affirmative and gender-fair evidence to obtain substantive justice. This research is a normative study using a statute and comparative law approach, with the aim of minimizing the disparity of court decisions in the same case. The results of the study found that one of the decisions of the High Court in Indonesia in its decision did not use evidence that incriminated the defendants. This study also found that the evidence used was only evidence that lightened the defendants. The victim's experience and psychological condition are not included and are used as a consideration in the verdict.]]>
<![CDATA[Problematika Pengaturan Syarat Pengunduran Diri Dalam Pencalonan Pemilihan Kepala Daerah di Indonesia ]]>
<![CDATA[Hastuti, Proboroni]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.1311
<![CDATA[This study aims to analyze the problematic requirements for resignation in the candidacy for regional head elections in Indonesia. This research is a normative study using secondary data with primary, secondary and tertiary legal materials. The findings of this study indicate that the disparity in regulations regarding the requirements that must be met by someone from a certain profession who wants to run for regional head, be it the Governor, Regent or Mayor whose election is directly by the community. The disparity in the regulation as a condition in the nomination of regional heads in Indonesia reflects certain considerations from legislators in the provisions whether or not a person should resign from his profession if he wants to run for office.]]>
