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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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The Urgency of Pancasila Values in the Implementation of Humane Public Policy in the Environmental Sector Subyakto Subyakto
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.v20i1.3390

Abstract

Developments in the industrial world have resulted in a paradigm shift in environmental management, resulting in environmental policies leaving far from ecological identity in every product produced. This article using the juridical empiricism method aims to discuss the urgency of Pancasila values in the implementation of humanist public policies in the environmental sector. Based on the studies conducted, it is known that changes in the world order due to technological and cultural advances have resulted in the degradation of the human paradigm in terms of environmental management. The degradation of this environmental management paradigm has left far the aspects of ecological needs for the environment. In short, this can be said to have released the human dimension in viewing the use of the environment which is obsessed with industrial profits alone. Pancasila through its balance teaching mandates that legal policies related to environmental management return to its soul, namely ecological awareness. The position of Pancasila is important because every value contained in the Five Pancasila Precepts is basically an accumulation of values of equality and values of balance. Operationally the values of Pancasila require recognition and protection for physical and spiritual needs related to the dimensions of social life as well as the human dimension as individuals, especially in terms of environmental policy issues.
Legal Analysis of Administrative Sanction Principles for Environmental Permit Abuse Mukidi Mukidi
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.v20i1.3391

Abstract

In the administrative legal system of a country, the granting of permits for certain types of business activities by the public is a authority held by the government. In the process of granting permits by the government, once the requirements set by individuals or legal entities within the community are met, there are certain principles that must not be violated by the permit recipients. Violations committed in the realm of state administration lead to administrative sanctions. These sanctions range from warnings, compensation, non-renewal of permits, and even revocation of permits to prevent the business from operating again. The abuse of the granted permits is often carried out by corporations in their activities related to environmental protection and management. The issuance of permits, while intended to facilitate operations, frequently becomes problematic and can have negative impacts on societal aspects such as health, education, and the economy. Laws related to environmental protection and management encompass provisions for written warnings. In cases of violations of environmental administrative laws, state administrative officials often issue written warnings. For instance, if there are violations of thresholds for air quality or emission standards. Additionally, the government can impose enforcement measures in the form of prevention and cessation of violations. For instance, if an individual or corporation is constructing a business establishment and disposing of waste without a permit.
Criminal Legal Liability for Health Workers in Cases of Medical Malpractice Yeni Nuraeni
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.v20i1.3395

Abstract

Medical malpractice is an event that involves errors, negligence, or actions that do not comply with medical standards which can cause serious injury and even death to the patient. Liability for criminal acts of malpractice is presently in the spotlight due to the lack of clarity surrounding the applicable legal rules. Due to the lack of clarity in the legal standards regarding the criteria for malpractice, this is the case. The purpose of this study is to investigate aspects of criminal law pertaining to the responsibility of healthcare professionals in cases of medical malpractice. This study will compile data from relevant laws and regulations, court decisions, and the most recent literature on medical malpractice cases using normative legal research methods. A data analysis will be conducted in order to comprehend the criminal law mechanism applicable to health care professionals who commit medical malpractice. Article 360 paragraphs (1) and (2) of the Criminal Code, which contain elements of negligence (kulpa) of doctors or medical personnel, as well as the principal laws governing matters pertaining to the subject and objects in health, namely Law Number 29 of 2004 concerning Medical Practice and Law Number 44 of 2009 concerning Hospitals and Health Law, contain the legal regulations pertaining to medical malpractice. In addition, criminal liability for medical personnel who perpetrate malpractice may take the form of written warnings, revocation of licenses to practice, and re-schooling, which is the requirement to attend medical educational institutions. However, criminal responsibility can be requested for actions that result in severe injury or death due to a doctor's negligence towards a patient..
Synchronization of Permenpan-Rb RI Number 17 Of 2021 Related to The Appointment of a Young Expert Functional Position in Disdukcapil Appointed Through Permendagri Ri Number 60 of 2021 Achmad Saefulloh; Benny Prasetya; Dyah Ningtyastuti; Pandu Silaban; Ahmad Kurnadi; Bella Viranda
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.v20i1.3416

Abstract

Structural officials at the Lampung Provincial Population and Civil Registration Office are appointed through the Minister of Home Affairs Decree. Still, all Supervisory officials in the Lampung Provincial Government, including officials at the Lampung Provincial Population and Civil Registration Office, are appointed using the Lampung Governor's Decree as functional young experts in equalizing positions. The purpose of this study is to analyze the obstacles encountered in synchronizing Permenpan-RB RI Number 17 of 2021 related to the Appointment of Junior Expert Functional Positions at the Population and Civil Registration Office of Lampung Province, which are appointed through Permendagri RI Number 60 of 2021. In this research, the methods used are the normative juridical approach and the empirical juridical approach. In the Synchronization of Permenpan-RB Number 17 of 2021 Regarding the Appointment of Junior Expert Functional Positions at the Disdukcapil, which was appointed through Permendagri Number 60 of 2021, there has been progress with the issuance of a decree on the dismissal of supervisory structural positions by the Minister of Home Affairs and the second equalization in functional roles to approach the suitability of tasks at the Disdukcapil of Lampung Province.
Efforts to Return State Asset Losses in Corruption Offenses from Abroad to Indonesia Bambang Hartono
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.v20i1.3417

Abstract

This research examines efforts to return state asset losses of corruption crimes from abroad to Indonesia and the obstacles faced in returning state asset losses of corruption crimes from abroad to Indonesia. This research uses normative legal research methods. The results of the discussion of this research include Efforts to Return State Asset Losses of Corruption Crimes from Abroad to Indonesia. Eradication of corruption crimes can essentially be done through three approaches, namely preventive, repressive, and restorative actions. Efforts to return losses of state assets of corruption crimes from abroad to Indonesia can be carried out in several ways, including the implementation of extradition of corruptors, asset seizure through mutual assistance agreements, and based on Indonesian national Law. The obstacles faced in returning the losses of state assets of corruption crimes from abroad to Indonesia are due to the abuse of power, which occurs by involving the upper economic class (conglomerates) and politics as the upper power class (high-ranking state officials) who conspire and aim for group economic interests.
A Study of Legal Geography Approach: Inheritance Distribution of Tionghoa Ethnic Community in South Kalimantan Firqah Annajiyah Mansyuroh
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.v20i1.3472

Abstract

The development of legal research demonstrates the importance of an interdisciplinary approach in studying legal issues. In addition, legal issues also need to be studied more critically and not to see them as a product of a vacuum without the influence of non-legal factors. This paper describes the legal subjugation of the Tionghoa Ethnic Community of South Kalimantan in inheritance law which is divided into three areas, that are urban, rural, and coastal. The interdisciplinary approach with various critical theories has been developed in the study of spatial law with a critical legal geographical framework. However, the study of spatial law in Indonesia has not developed much of the discourse in studying legal issues. This paper has shown that the approach of legal geography in legal studies shows the difference in the inheritance law of Tionghoa community in South Kalimantan domiciled in urban, rural, and coastal. The law that lives in society is not only a matter of juridical and planology, but also there are social, cultural, and economic interests that attract each other to influence each other.  Legal Geography; Inheritance,Distribution; Tionghoa Kalimantan
Analysis of the Implementation of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 18 of 2016 concerning Control of Agricultural Land Tenure Herlina Ratna Sambawa Ningrum
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.v20i1.3518

Abstract

Problems executing Ministerial Regulation on the Control of Agricultural Land Tenure Number 18 of 2016 issued by the Head of the National Land Agency of the Republic of Indonesia are the focus of this research into the South Lampung Regency Land Office. Normative judicial and empirical methodologies are applied in this study. The results show that the South Lampung Regency Land Office has largely implemented the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 18 of 2016 Concerning Control of Agricultural Land Tenure. Physical facilities and infrastructure at the South Lampung District Land Office to support the policy of controlling agricultural land tenure, especially absentee land, are inadequate, and the quality of human resources is poor. The author recommends that the central government take measures to prevent absentee ownership of agricultural land, such as adopting legislation prohibiting such ownership and socialising the affected farms.
Regulation of Area and Abandoned Land in Indonesia KMS Herman
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.v20i1.3519

Abstract

The existence of no-man's land is still a thorny issue, and the resolution process seems delayed. Even though the 1945 Constitution (UUD 1945) as the UUD and LEGAL No. 5 of 1960 mentions the Agrarian Rights LAW (UUPA) as its articles, don't let land production stop in Indonesia. Management of Territorial Areas and No-Man's Land, according to the law it is used to protect land and areas that may not be owned (PP No. 20 of 2021). The goal of this study is to single out the regulation of no-man's land in law and land management and to discuss the process of determining which land is now officially a no-man's land according to Government Law 20 of 2021, which regulates the administration of permits. Territory and land. This research is legal research that uses legal documents by using the law and its context. The source of legal information for this research is from legal documents, namely PP Number 20 of 2021, supported by secondary sources, namely legal books and newspapers that are relevant to this research. The research results found that Federal Law No. 20 of 2021 that Unclaimed Land is privately owned land, land with Administrative Law, and land acquired by the Ministry of Land, which is intentionally left uncultivated, unused, and/or not maintained. The country is deliberately not used in accordance with its nature or status; if the land is not used for permit purposes; The country is not good.
The Civil and Military Role Models in Overcoming the Threat of Terrorism Arief Fahmi Lubis
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.v20i1.3520

Abstract

The level of terrorism threat exceeds the capacity of law enforcement agencies. In principle, law enforcement is designed to use force gradually, in accordance with the scale of the threat faced, ranging from physical tools (batons, tasers, pepper spray) to the use of firearms. The purpose of this research is to analyze that the tasks of law enforcement are not designed to deal with threats involving heavy weapons and weapons of mass destruction (CBRN), whereas the military is designed to be capable of addressing threats on such a scale. This research is a qualitative study that uses a descriptive approach by systematically gathering data as described during the research. The results of this research show that in the domestic context, the role of the military in counterterrorism is determined by each country's constitution/laws, history, and the complexity of the terrorism threats faced. To date, there are no international laws that prohibit the active involvement/role of the military in domestic counterterrorism. The UN leaves the policy of military involvement in domestic counterterrorism to each individual country, as long as each country adheres to the principles of upholding human rights.
Effectiveness of Protection and Recovery Implementation for Child Victims of Sexual Violence Achmad Arifulloh
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.v20i1.3523

Abstract

In its development, the criminal justice system in Indonesia only positions child victims of sexual violence as reporters and witnesses. This is clearly unfair to victims who suffer material and non-material losses. The urgency of this research is that the regulation of restitution for child victims of sexual violence has resulted in the violation of rights and justice for children victims of sexual violence. This article aims to determine and analyze the effectiveness of implementing restitution for child victims of sexual violence. The type of approach used is the normative juridical method. The results of the research show that the effectiveness of implementing the protection and recovery of child victims of sexual violence has not been effective, This is due to the lack of implementation of restitution for child victims of sexual violence which ultimately also hinders the implementation of rehabilitation for child victims of sexual violence. The obstacles that influence this are legal regulations which still do not explicitly and clearly contain the implementation of restitution. This culturally also hinders the system of implementing restitution for child victims of sexual violence. Solutions that can be implemented are efforts to provide counseling, improve facilities and infrastructure in efforts to prevent and eradicate sexual abuse against children, the need for a safe house for child victims of sexual abuse during the legal process, provide understanding to victims regarding their rights, and it is necessary to regulate the amount of restitution for child victims of sexual violence.

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