cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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
 43   44   45   46   47 
Analysis of Urban Agglomeration in Economic and Legal Perspectives (A Study on the Development of Industrial Agglomeration Areas in Semarang City) Haryono, Andi Tri; Muaziz, Muhamad Hasan; Jaelani, Abdul Kadir
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; Yulianingrum, Aullia Vivi; Hasmiati, Rahmatullah Ayu; Budiono, Arief
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 Nasution, Eva Syahfitri; Nasution, Siti Nurahmi; Yunhas Purba, M. Hadyan; Ansari Nasution, Akmal Handi
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.
Integrating Wasthiyah Paradigm to the Issuance of COVID-19 Fatwa; Indonesia Case Syatar, Abdul; Abubakar, Achmad; Majdy Amiruddin, Muhammad; Mundzir, Chaerul; Bakry, Muammar
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.v20i1.1717

Abstract

This article aims to integrate the wasathiyah paradigm of the Majelis Ulama Indonesia (MUI) fatwa product and the reality of religious social issues in the midst of the pandemic coronavirus disease 2019 (COVID-19).  This article adopts the normative-sociological approach. This article found that MUI fatwa products acted on strong aspects of moderation (wasathiyah), not just issuing fatwas. Various aspects of considerations (al-muwazanat) in fatwa products are marked by revealing strict arguments by expressing the opinions of the Qur'an, sunna, ijma, qiyas, the opinion of the Imam of the school and credible scholars and the views of other experts who support the issuance of fatwa in accordance with the needs of Muslims. The Washatiyah paradigm of MUI fatwa product is not influenced by political interests. It is in accordance with the maqashid al-shari'ah. The paradigm of MUI fatwa was reflected when recommending to Muslims to support and obey the government.
An Analysis of The Imposition of Criminal Sanction to COVID-19 Vaccination Objectors Through the Lens of Criminal Law and Qiyas Shafi’i Mazhab in Indonesia Priambudi, Zaki; Pratama, Sendy; Mulya Iskandar, Ramdhan Prawira; Papuani, Namira Hilda; Intania Sabila, Natasha
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.v20i1.1718

Abstract

This article aims to answer whether vaccination is a right or an obligation and how criminal law and Qiyas Shafi’i Mazhab views the basic provisions of criminal law against vaccination objectors. By combining doctrinal and socio-legal research method, this article concludes that vaccination is an obligation because a person's personal right to choose health services, especially COVID-19 vaccination has turned into a public right. Vaccination is the government's obligation to protect public health as part of meeting health needs, following the mandate of the constitution and human rights. According to the relative punishment theory, the application of criminal sanctions is an effort made to maintain public order and peace of society, not as a means of repaying the perpetrator's mistakes. Thus, the sanctions imposed on the perpetrator are solely to provide fear so that they do not repeat their actions and other people do not follow them. There are three main objectives of relative theory, namely prevention, prevention, and reform. Whereas Qiyas Shafi'i Mazhab puts forward the application of qiyas as a justification for imposing criminal sanctions against vaccination objectors. Because a person is prohibited from doing something that endangers himself and others, punishment according to the Qiyas Shafi'i Mazhab can be applied. There are similarities between criminal law and Qiyas Shafi'i Mazhab to a view of the obligation to vaccinate, that is, both allow the reduction of individual human rights for the sake of common interests. Ultimately, this article recommends the need to regulate the handling of COVID-19 vaccination objectors through act so that vaccination and law enforcement can run comprehensively, not partially
Legal aspect of Governing Electronic Transport Document in Indonesian Port Maruf, Irma Rachmawati; Zalinda, Putrì Mety; Budiman, Maman; Rastuti, Tuti; Yogaswara, Yogi; Agistra, Dzulfiqar Rizqan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v19i1.2432

Abstract

This paper aims to discover an appropriate port management model so that Indonesian ports can export technology while also supporting managerial and functionally international trade.   The blockchain chain model can help Indonesian ports compete with ports in neighboring countries.   The study also explores whether managing shipping workflows and documents can adopt the Blockchain of existing maritime ports. This study employs qualitative research methods.   The research used secondary data from international regulations and conventions while supporting information with depth interview data; Current studies build a conceptual framework through a systematic project review conducted in conjunction with scientific literature published in journals and conference processes, random sampling, and observation over the past decade. The results showed that the project under review could be compiled into three main conceptual areas: document workflow management, financial processes, and device connectivity. However, having a clear linkage, no project under review considered all three places at once. Concepts related to maritime document workflows receive broad support among the projects under consideration. In addition, the project under review inadvertently followed similar goals set out in the port management scientific project before the introduction of blockchain technology.
Liability Of A Carrier Based On Sea Carriage Document In Indonesia (A Way Forward To E-Document) Maruf, Irma Rachmawati; Subarsyah, T.; Tentowi, Ahmad Ridwan; Sidqy, Valda Zahira
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.v19i2.2999

Abstract

Maritime Document tin Indonesian law refers to the regulations of the Indonesian Commercial Code and International Conventions such as The Hague Rules in 1928 and The Hague Visby Rules of 1968. As an essential document in international trade, the conventions are also very influential. One of the latest conventions is the U.N. Convention on Contract for the International Carriage of Goods Wholly or Partly by Sea, which was signed in Rotterdam in 2009 (Rotterdam Rules).  The problem arises when until now Indonesian Government is not a party nor ratified of those Convention and for the e-document Indonesia only apply e-Bill of Lading (e-B/L).  The research method is a legal analysis of the key provision of the relevant law upon Maritime Law.  The findings indicated that   Maritime Documents in Indonesia, are divided into charter agreement and bill of lading agreement. It also find that E-B/L Bill is not suitable   in Common nor Civil law jurisdiction.
Understanding Dilalah Amr and its Implementation in the Prayer Method among Muhammadiyah, Al Washliyah, and Nahdlatul Ulama Munawwar, Hadi; Asmuni, Asmuni; Matsum, Hasan
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.v20i1.3214

Abstract

To understand how the scholars of the Mazhab understand Dilalah Amr, both from the Qur'an and Hadith sources, the method used in determining a command (Amr) for obligation or others in the prayer ritual, and its implementation towards the procedures of performing the prayer ritual among the Muhammadiyah, Al Washliyah, and Nahdlatul Ulama communities. This research is a normative study with a literature research method using references from relevant literature related to Amr sourced from the Qur'an and Hadith verses. The jurists (Fuqoha) in understanding Dilalah Amr use several methods, namely: (1) using Qarinah Qauliyah and Haliyah, (2) giving weight to stronger evidence to be used as Qarinah, (3) using the method of Qiyas, (4) using the actions of the people of Madinah as reference, (5) using Ijma, and (6) using the method of Naskh. In relation to the prayer procedure of Muhammadiyah, they do not recognize the terms of pillars (rukun), obligatory (wajib), and recommended (sunnah) in prayer. What is recognized is the method of performing obligatory prayer. Meanwhile, among Al-Washliyah, they still use the terminologies of the scholars of Usul Fiqh such as pillars, obligatory, and recommended in prayer. Similarly, Nahdlatul Ulama adheres to the four Mazhabs.
Implications of the Job Creation Law for the Protection of Labor Rights in Indonesia Kurniati, Yeti
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.v20i1.3339

Abstract

The Job Creation Law is one of the structural reform policies that have been implemented by the Indonesian government with the aim of improving the investment climate and expanding employment opportunities. Despite its positive aims, the law has also generated debate and controversy regarding the resulting implications for labor rights. This study aims to analyze the impact that the Job Creation Law has had on the protection of labor rights in Indonesia. This research uses a normative juridical method with a statutory approach. In addition, this research also includes monitoring changes in policies, company practices, and workers' attitudes towards the implementation of the Job Creation Law. The results of the research show that the work copyright law has been rejected by various community clusters with the view that it does not provide adequate benefits and protection for Indonesian workers or laborers. Some of the implications of this law for the protection of workers' rights in Indonesia based on Article 81 chapter IV of the Job Copyright Law which discusses employment are the abolition of several provisions regarding severance pay, ease of entry of foreign workers, abolition of the maximum limit for contract workers, and abolition of the system City/District Minimum Wage. 
Restorative Justice in Criminal Law Reform in Indonesia Multi Wijaya, Vience Ratna; Widjajanti, Ermania -
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.v20i1.3340

Abstract

Restorative justice is indispensable in preventing an increase in crime. As countries in the world such as Canada, the United Kingdom and even the United Nations' 1975 Fifth Annual Session began to discuss Restorative Justice, it was expected that member states would also begin to use it in their positive laws. Restorative justice can monetize the level of capacity in the Penitentiary, reduce budget costs for the criminal justice process. Restorative justice in Indonesia began to exist in SE Kapolri, Kajari and SE MA. The main issue in this paper is "How to regulate Restorative Justice in Indonesian Criminal Law Reform  ?". This article uses a legal research method based on law and ease approach by using normative approach, which aims to solve the problem about mentions. The target reached by implementing restorative justice. Generally, this article expectedly may contribute in the development of criminal justice system as an effort to embody fairness and certainty, justice and benefits.

Page 45 of 162 | Total Record : 1613

 43   44   45   46   47 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol. 24 No. 2 (2025): Pena Justisia Vol. 24 No. 1 (2025): Pena Justisia Vol. 23 No. 002 (2024): Pena Justisia (Special Issue) Vol. 23 No. 2 (2024): Pena Justisia Vol. 23 No. 1 (2024): Pena Justisia Vol. 22 No. 001 (2023): Pena Justisia (Special Issue) Vol. 22 No. 2 (2023): Pena Justisia Vol. 22 No. 1 (2023): Pena Justisia Vol. 21 No. 2 (2022): Pena Justisia Vol. 21 No. 1 (2022): Pena Justisia Vol. 20 No. 2 (2021): Pena Justisia Vol. 20 No. 1 (2021): Pena Justisia Vol. 19 No. 2 (2020): Pena Justisia Vol. 19 No. 1 (2020): Pena Justisia Vol. 18 No. 2 (2019): Pena Justisia Vol. 18 No. 1 (2019): Pena Justisia Vol. 17 No. 2 (2017): Pena Justisia Vol. 17 No. 1 (2017): Pena Justisia More Issue