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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.
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Articles 1,631 Documents
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Integrating Wasthiyah Paradigm to the Issuance of COVID-19 Fatwa; Indonesia Case Abdul Syatar; Achmad Abubakar; Muhammad Majdy Amiruddin; Chaerul Mundzir; Muammar Bakry
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 Zaki Priambudi; Sendy Pratama; Ramdhan Prawira Mulya Iskandar; Namira Hilda Papuani; Natasha Intania Sabila
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 Irma Rachmawati Maruf; Putrì Mety Zalinda; Maman Budiman; Tuti Rastuti; Yogi Yogaswara; Dzulfiqar Rizqan Agistra
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) Irma Rachmawati Maruf; T. Subarsyah; Ahmad Ridwan Tentowi; Valda Zahira Sidqy
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 Hadi Munawwar; Asmuni Asmuni; Hasan Matsum
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 Yeti Kurniati
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 Vience Ratna Multi Wijaya; Ermania - Widjajanti
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.
Principles of Restorative Justice: Settlement of Criminal Cases in Indigenous Peoples of Dukuh Village, Ciroyom Village Cece Suryana
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.v20i1.3342

Abstract

In Indonesia there are still many community groups that still adhere to customary laws, one of which is the indigenous people of Kampung Dukuh, located in Ciroyom Village, Cikelet District, Garut Regency, West Java. One of the values of wisdom that is still maintained by these indigenous peoples is resolving problems related to criminal law violations by way of deliberation and providing a kind of offering or compensation to the victim which is called ngahaturanan pour (invites to eat) and then a peace occurs. between the perpetrator and the victim. The purpose of this research is to find out how the process of resolving criminal offenses in the Dukuh customary village is based on the principles of restorative justice and what is the role of law enforcement officials in handling criminal cases that occur in the Dukuh customary village area. The method that the authors use in this study is descriptive analysis method and uses normative juridical methods in its approach. The results of the study show the application of the principles of restorative justice in the settlement of criminal violations that occurred in the Dukuh traditional village, namely by conducting deliberations that aim to reconcile between the perpetrator and the victim, then the perpetrator also gives some compensation to the victim in the form of food and agricultural products it is called ngahaturanan pour (allowing to eat) then if the intention of peace made by the perpetrator to the victim is then accepted, then the perpetrator will be bathed by traditional leaders with certain prayers so that the sins of the perpetrator can be erased. The participation of law enforcement officials in dealing with cases of criminal violations that occur in the midst of the Dukuh Village customary community is to carry out a process of investigation and investigation of criminal cases which are felt to be handled directly by the police even though in reality the case has been resolved legally custom.
Authority To Determine A Person To Become A Justice Collaborator In The Criminal Justice Process Dani - Durahman; Fangky Christina Indraguna
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.v20i1.3353

Abstract

The Investigation is the initial series of the criminal justice process. In practice, the examination process requires witness statements in finding a bright spot in the case. Justice collaborators are a means to facilitate investigators in uncovering cases. Technically, protection in the form of awards for justice collaborators is carried out in accordance with the provisions of the Joint Regulations. Applications are submitted by the perpetrators themselves to the Attorney General. Furthermore, in the event that the Attorney General grants the request for an award, the Public Prosecutor must state in his lawsuit the role played by the justice collaborator in assisting the law enforcement process so that it can be considered by the judge in making a decision. The purpose of this study resulted in the determination of investigators who have the authority to determine the Justice collaborator. Results of the study The presence of a justice collaborator in disclosing a case, especially one that is organized crime is urgently needed considering that its role is very central and urgent. The cooperation of justice collaborators with law enforcement officials can facilitate the task of disclosing a crime, especially those related to the public interest (openbare order) or the state. The logical consequence is that one of the instruments that can be used to encourage disclosure or reporting of a crime is by providing guarantees and protection to justice collaborators because without this role it is very difficult to disclose organized crime, usually these difficulties arise due to weak support. evidence/evidence obtained due to the limitations of law enforcement officials in obtaining evidence that is significant enough to reveal the crime. Problematic and overlapping aspects of who can determine a person to become a justice collaborator, whether the LPSK, Investigator, Prosecutor, or Judge. In order to create legal certainty, the authority to determine someone to become a justice collaborator is the authority of the investigator as the first institution to carry out legal proceedings.
Legal Position of Lex Specialis Derogat Legi Generali in the Implementation of Special Autonomy for Papua Maria Yeti Andrias; Yulianus P Aituru
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.v20i1.3385

Abstract

This magazine discusses the Legal Position of Lex Specialis Derogat Legi Generali within the Implementation of Special Autonomy within the Regions, with a focus on case research in Papua. This abstract presents a summary of the contents of the Journal, which includes history troubles, hassle system, goals, studies methods, effects of analysis, and conclusions.Background This journal illustrates the importance of special autonomy as a form of unique answer for regions with unique traits and troubles. The components of the hassle includes questions about the meaning of unique autonomy, the records of the implementation of special autonomy in Papua, in addition to the feature and scope of this unique autonomy.The reason of this magazine is to analyze the criminal role of Lex Specialis Derogat Legi Generali in the implementation of special autonomy, and to understand the function of unique and trendy laws and rules inside the context of unique autonomy.The studies technique used is literature observe by using amassing facts from diverse reliable assets together with laws, selections of the Constitutional Court, and related scientific journals.The effects of the evaluation screen that the principle of Lex Specialis Derogat Legi Generali is the important thing in resolving felony conflicts between special autonomy policies and national popular regulations. The application of Lex Specialis offers priority to important policies that observe in the region, as a result imparting extra authority according to the distinctiveness and desires of the place.Conclusion this journal emphasizes the significance of increasing felony attention in society to assist the implementation of unique autonomy. Improving the prison device and strengthening the judiciary are also important in order that unique autonomy can run well and provide most desirable benefits for the area people. Community collaboration and involvement also are critical elements within the achievement of unique autonomy, in order that the network feels they have an energetic role in development and choice-making in their region

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