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[Principles of Restorative Justice: Settlement of Criminal Cases in Indigenous Peoples of Dukuh Village, Ciroyom Village ]]>
<![CDATA[Suryana, Cece]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3342
<![CDATA[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.]]>
<![CDATA[Authority To Determine A Person To Become A Justice Collaborator In The Criminal Justice Process ]]>
<![CDATA[Durahman, Dani -]]>;
<![CDATA[Indraguna, Fangky Christina]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3353
<![CDATA[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.]]>
<![CDATA[Legal Position of Lex Specialis Derogat Legi Generali in the Implementation of Special Autonomy for Papua ]]>
<![CDATA[Andrias, Maria Yeti]]>;
<![CDATA[Aituru, Yulianus P]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3385
<![CDATA[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]]>
<![CDATA[The Urgency of Pancasila Values in the Implementation of Humane Public Policy in the Environmental Sector ]]>
<![CDATA[Subyakto, Subyakto]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3390
<![CDATA[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.]]>
<![CDATA[Legal Analysis of Administrative Sanction Principles for Environmental Permit Abuse ]]>
<![CDATA[Mukidi, Mukidi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3391
<![CDATA[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.]]>
<![CDATA[Criminal Legal Liability for Health Workers in Cases of Medical Malpractice ]]>
<![CDATA[Nuraeni, Yeni]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3395
<![CDATA[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..]]>
<![CDATA[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 ]]>
<![CDATA[Saefulloh, Achmad]]>;
<![CDATA[Prasetya, Benny]]>;
<![CDATA[Ningtyastuti, Dyah]]>;
<![CDATA[Silaban, Pandu]]>;
<![CDATA[Kurnadi, Ahmad]]>;
<![CDATA[Viranda, Bella]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3416
<![CDATA[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.]]>
<![CDATA[Efforts to Return State Asset Losses in Corruption Offenses from Abroad to Indonesia ]]>
<![CDATA[Hartono, Bambang]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3417
<![CDATA[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.]]>
<![CDATA[A Study of Legal Geography Approach: Inheritance Distribution of Tionghoa Ethnic Community in South Kalimantan ]]>
<![CDATA[Mansyuroh, Firqah Annajiyah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3472
<![CDATA[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]]>
<![CDATA[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 ]]>
<![CDATA[Ningrum, Herlina Ratna Sambawa]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 20 No. 1 (2021): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v20i1.3518
<![CDATA[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.]]>
