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.
Articles
1,613 Documents
<![CDATA[Regulation of Area and Abandoned Land in Indonesia ]]>
<![CDATA[Herman, KMS]]>
<![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.v20i1.3519
<![CDATA[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.]]>
<![CDATA[The Civil and Military Role Models in Overcoming the Threat of Terrorism ]]>
<![CDATA[Lubis, Arief Fahmi]]>
<![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.v20i1.3520
<![CDATA[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.]]>
<![CDATA[Effectiveness of Protection and Recovery Implementation for Child Victims of Sexual Violence ]]>
<![CDATA[Arifulloh, Achmad]]>
<![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.v20i1.3523
<![CDATA[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.]]>
<![CDATA[Legal Protection for Losses Caused by Online Arisan ]]>
<![CDATA[Hanim, Lathifah]]>
<![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.v20i1.3525
<![CDATA[The purpose of this research is to analyze (1) The Position of Oral Agreement in Online Arisan According to Civil Law and (2) Legal protection for losses caused by online-based arisan. The type of research used in empirical juridical research, with the type of legislative approach and conceptual approach. The results of the research are (1) The position of Oral Agreement in Online Arisan according to Civil Law is valid and binding for both parties who make it. This is based on the principle of freedom of contract, that contracts can be made in any form, whether written or unwritten (oral). As long as the two parties making the agreement both agree and the contents of the agreement to be made do not at all contradict the laws of decency, public order and laws that apply in society. In addition, oral agreements that occur in online arisan are also included as innominaat contracts or unnamed agreements. An unnamed agreement is an agreement whose form and type are not mentioned in the Commercial Code or Civil Code. (2) Legal protection for losses caused by online-based arisan, protection can be obtained by the injured party in the form of compensation or good faith from the admin or parties who violate the contents of the agreement that has been made. And if all the evidence reported is clear, including the type of agreement. Although in Article 1320 of the Civil Code, the agreement does not have to be in writing, but if the party has carried out the contents of the agreement, the party who committed the violation can be prosecuted legally, it is an effort to protect the parties of online arisan members.]]>
<![CDATA[Legal Regulations on Road Traffic Accidents for Motorized Vehicle Owners in Indonesia ]]>
<![CDATA[Purwantono, Rivan Achmad]]>;
<![CDATA[Gunarto, Gunarto]]>;
<![CDATA[Mashdurohatun, Anis]]>;
<![CDATA[Bawono, Bambang Tri]]>
<![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.v20i1.3526
<![CDATA[Regulations pertaining to the liability of motorized vehicle owners in Indonesia, as stipulated by Law Number 34 of 1964 concerning Traffic Accident Funds and Government Regulation Number 18 of 1965 regarding the Implementation Provisions of Road Traffic Accident Funds, have yet to be implemented since enactment. This is due to the lack of justice for motorized vehicle owners or operators whose vehicles are involved in accidents, but are not under their immediate control. The prevailing regulations do not adequately differentiate between individual and collective liability for traffic accidents. This study aimed to analyze the weaknesses inherent in the existing regulations, particularly in regards to the liability of motorized vehicle owners for accidents, which have not been handled with due fairness. The research paradigm seeks to examine the existing state (das sein) and the ideal state (das sollen) related to the legal liability of motorized vehicle owners. ]]>
<![CDATA[Crime of Embezzlement in Employment Relationship ]]>
<![CDATA[Darwati, Darwati]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 2 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i2.3533
<![CDATA[The worker was accused of embezzlement in the purchase of lunch boxes. Due to this incident, the worker was asked to resign. However, because the worker had no intention of taking control of the money, the worker refused the request from personnel to resign. For this refusal, the worker was reported to the police on charges of violating Article 372 and Article 374 of the Criminal Code. This study aims to analyze and find out the duties and authority of personnel in the company, then whether the worker's mistake is included in the violation and analyze the legal considerations of the Panel of Judges Number 1320/Pid.B/2019/PN.JKT.TIM whether it is in accordance with the applicable regulations. The research methods used are normative juridical and sociological juridical. The results showed that Personnel have the authority to provide guidance to workers if they make mistakes or violate company rules. Workers' mistakes are not included in violations of Criminal Code 372 or Criminal Code 374. Decision of the Panel of Judges Number 1320/Pid.B/2019/PN. JKT. TIM violates Article 2 of Indonesian Supreme Court Regulation Number 2 of 2012 concerning Adjustment of the Limits of Minor Crimes and the Amount of Fines in the Criminal Code, Limited Liability Company Law.]]>
<![CDATA[IMPLEMENTATION OF DISPUTE RESOLUTION REGARDING DOUBLE CERTIFICATES AS PROOF OF OWNERSHIP OF LAND RIGHTS AT THE MAROS DISTRICT NATIONAL LAND OFFICE ]]>
<![CDATA[khalid, hasbuddin]]>
<![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.v20i1.3574
<![CDATA[This research aims to analyze the factors that cause the issuance of double certificates in Maros Regency. This type of research uses empirical legal research methods, namely methods sourced from primary data using the interview method. The results of this research show that, First: Land rights give the authority to use a certain plot of land accompanied by the obligation to look after the land; Research recommendations for BPN to increase outreach or education to the public regarding the importance of mapping land plots and re-mapping land plots that have been certified and for the public to be more careful in protecting the land assets they own so that land disputes do not occur in the future.]]>
<![CDATA[IMPLEMENTATION OF DIVERSION TOWARDS CHILDREN IN CONFENCE WITH THE LAW AT THE INVESTIGATION LEVEL AT THE YAPEN ISLANDS POLICE ]]>
<![CDATA[Ingratubun, Fitriyah]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.3604
<![CDATA[This study seeks to ascertain the implementation of diversion by investigator as a means of resolving criminal cases at the Yapen Islands Police, as well as the efforts and obstacles in implementing diversion for children in conflict with the law at the investigation level at the Yapen Islands Police. This is normative study in which the application of regulations or norms in positive law is examined. Aside from that, academics employ empirical juridical research methodologies, which involve examining events or happenings inside society, which is a social phenomenon related to law. The research findings indicate that the implementation of diversion against minors who are in violation of the law at the investigative level at the police station Yapen Islands in compliance with Law Number 11 of 2012 on the Juvenile Criminal Justice System. Diversion was accomplished by involving linked parties, both victims and children perpetrators of a criminal conduct. However, the processing of criminal crimes committed not all children attempt diversion. This is because juvenile perpetrators who do criminal crimes are performed by people who are the same, so investigators do not need to perform diversion. The presence of institutions with internal authority that provide guidance to children, such as a Development Institute Special Children (LPKA), Temporary Child Placement Institution (LPAS), and The Social Welfare Implementation Institution (LPKS), is expected to reduce the number of crimes committed by children, so that children who are in conflict with the law do not repeat the same act breaking the law. Repetition of criminal activities performed by children who are in dispute with the law demonstrates that the goal of diversion has not been met, and hence diversion measures against minors may not be necessary.]]>
<![CDATA[DISHARMORNISATION OF CRIMINAL LIABILITY RELATED TO LAND FIRE DUE TO CLEARING PLANTATION LAND ]]>
<![CDATA[Koedoeboen, Arman]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.3607
<![CDATA[Burning forests or land is a crime that must be combated comprehensively by every party. One effort to punish perpetrators of forest or land burning is to impose a prison sentence and the maximum possible fine, to act as a deterrent and serve as a lesson to those who commit this act. The emergence of disharmonization between Law No. 32 of 2009 concerning Environmental Protection and Management and Law No. 39 of 2014 concerning Plantations regarding criminal sanctions against perpetrators of land burning is studied with the assumption that what is happening is the result of a malfunction of the law and related law enforcement. with land fires as expected. The type of research used is normative juridical legal research, namely research that focuses on examining the application of rules or norms in positive law. The existence of multiple interpretation articles has hampered the achievement of legal objectives, namely providing a sense of justice, legal certainty and legal benefits. This multi-interpretation article creates legal uncertainty due to the variety of judges' decisions on the same case. Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 39 of 2014 concerning Plantations are also less useful because they cause fear in the community, thereby triggering unrest in society. Commission I DPR RI needs to immediately revise or harmonize Law Number 32 of 2009 concerning Environmental Protection and Management and Law Number 39 of 2014 concerning Plantations, especially regarding restrictions or benchmarks for offenses and the application of criminal sanctions.]]>
<![CDATA[Analysis Of The Planning And Control Functions On Regional Development In Sarmi Regency Province of Papua ]]>
<![CDATA[Hutabalian, Roida]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 19 No. 1 (2020): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v19i1.3608
<![CDATA[This study aims to determine and analyze the Development Planning System on the supervision of development implementation and what influences the implementation of development in Sarmi Regency, Province of Papua. This research method uses empirical juridical, as an attempt to approach the problem under study with a real legal nature or in accordance with the reality that lives in society. Empirical legal research is research in the form of empirical studies to find theories regarding the process of occurrence and about the working process of law in society. By examining the nature of the law that actually occurs or applies in the field in relation to the analysis of the application of the regional development planning system as a function of supervision of the Implementation of Regional Development in Sarmi Regency Province of Papua.The results obtained show that the function of planning and supervising regional development in Sarmi Regency is so that regions can monitor, measure performance targets, results, and impacts of development programs in a clear and focused manner based on the vision and mission set by the Sarmi Regency Government. The factors that influence development in Sarmi Regency is that there must be mutual coordination between each SKPD in order to be able to develop a development plan program. In addition, there are also various obstacles in development, namely the low quality of Human Resources at the Regency/City level, weak community participation, the tendency of Regency/City governments to close access to information, as well as the struggle for customary rights with customary land owners.]]>
