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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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Analisis Perlindungan Hukum Terhadap Pekerja Putting Out System di Jawa Timur Niken Nendy Istaqnaligh Sanda; Ulfa Arinta; Sholahuddin Al-Fatih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1145

Abstract

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
Nilai Moralitas dalam Pembentukan Peraturan Perundang-Undangan Suryani Suryani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1147

Abstract

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.
Public Engagement in the Implementation of the Policy on Waste Banking Abdul Kadir Jaelani; Lusia Indrastuti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1171

Abstract

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
Pemberdayaan Bimbingan Perkawinan dalam Mewujudkan Keluarga Sakinah Muhammad Hatami Ritonga
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1301

Abstract

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.
Konstitusionalitas Pengelolaan Migas dalam Mewujudkan Kedaulatan Energi Indonesia Fatma Ulfatun Najicha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1305

Abstract

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.
Pembuktian Tindak Perkosaan Berperspektif Korban Dalam Putusan Hakim Laili Anisah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1310

Abstract

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.
Problematika Pengaturan Syarat Pengunduran Diri Dalam Pencalonan Pemilihan Kepala Daerah di Indonesia Proboroni Hastuti
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i2.1311

Abstract

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.
Analysis of Urban Agglomeration in Economic and Legal Perspectives (A Study on the Development of Industrial Agglomeration Areas in Semarang City) Andi Tri Haryono; Muhamad Hasan Muaziz; Abdul Kadir Jaelani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.1714

Abstract

This study tries to analyze the implementation of laws and policies regarding the development of urban agglomerations, analyze agrarian law regulations in Indonesia addressing industrial estate issues, and analyze the leading sectors and economic potential of the city of Semarang. In this study, the authors use the Base Sector Analysis/LQ Analysis, Economic Sector Performance Analysis/Shift Share Analysis, Growth Ratio Model Analysis/GRM, Klassen Typology Analysis, Overlay Techniques, and SWOT Analysis to measure the competitive advantage of each element), and provide policy recommendations for the government as well as for industry players. The object of this research is spread over several industrial areas located in Semarang City including Wijaya Kusuma Industrial Area, Candi Industrial Area, BSB Industrial Park, and Terboyo Industrial Estate. The findings of this study are that it is known that leading sectors such as warehousing, financial services, transportation, retail, real estate, trade, and construction are economic bases that are growing rapidly and can support the development of urban agglomerations.
Government Policies for the Natural Resource Management of Minerals and Coal Based on Social Welfare Absori Absori; Aullia Vivi Yulianingrum; Rahmatullah Ayu Hasmiati; Arief Budiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.1715

Abstract

This research aims to describe the natural resources management policies in the mineral and coal sectors. The description is based on the social welfare value contained in Law No. 3 of 2020 concerning Amendment of Law No. 4 of 2009 concerning Mineral and Coal Mining, as well as Law No. 11 of 2020 concerning Employment and Labour Law. This research employed a normative judicial method based on law regulations that are conceptualized as principles or norms and have evolved into proper human behavior standards. Secondary data were employed by exploring literature correlated with the mineral and coal mining management law and analyzed using juridical-qualitative techniques. Subsequently, the research indicated that the Indonesian government policy in the Mineral and Coal, alongside Omnibus Laws, are unable to accommodate social welfare values and support only profit-oriented businesspersons. This research is expected to proffer suggestions for the central or regional government to make regulations prior to the social welfare principle.
Human Rights Studies on Fulfillment of Restitution Rights for Children as Victims of Human Trafficking Eva Syahfitri Nasution; Siti Nurahmi Nasution; M. Hadyan Yunhas Purba; Akmal Handi Ansari Nasution
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v20i1.1716

Abstract

This paper aims to analyze the fulfillment the restitution rights for the children as victims after the enactment of government regulation Number 43 of 2017 in Medan based on human rights studies. This research is normative legal research with statute approach which is carried out by examining law and regulations related to the legal issue being raised that is regarding the provision of restitution for child victim of human trafficking in Medan and empirical legal research which gaining data by means direct observation in Medan District Court. Based on the studies, it can be related that restitution must be given to the victims of human trafficking because it is a part of fulfillment of human rights to compensate the victim for losses suffered as the result of a crime.

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