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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 1,613 Documents
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STATE LEGAL POLICY ON THE RESPONSIBILITY OF GOVERNMENT AND BUSINESS CONTRACTORS IN ENVIRONMENTAL MANAGEMENT AND ENVIRONMENTAL DISPUTE RESOLUTION (Toxic Hazardous Waste Management) Muin, Fatkhul Muin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4357

Abstract

The issue of environmental management and the responsibilities of the government and local governments in hazardous and toxic waste management is certainly inseparable from the current existing conditions, where many industries produce hazardous waste. In the aspect of environmental management related to toxic hazardous waste, it is inseparable from environmental disputes over the management of hazardous and toxic waste. The approach of Law of the Republic of Indonesia Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law, the regulation of environmental approval regulates specifically related to waste management which has an impact on environmental management in the community. The formulation of the Hazardous and Toxic Substances paradigm is a substance, energy, and/or other component that due to its nature, concentration, and/or amount, either directly or indirectly, 'can pollute and/or damage the Environment, and/or endanger the Environment, health, and the survival of humans and other living things. Therefore, from the understanding in the norm, the poor management of the waste will cause damage.  This research focuses on a legal approach and aims to analyze in depth the responsibility and environmental management of waste and environmental dispute resolution due to hazardous and toxic waste.
Correctional Social Work: Existence and Legal Intervention in the Juvenile Justice System in Indonesia Achmad, Willya
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4358

Abstract

Correctional social work is the process of helping and rehabilitating people who have problems violating the law.This research investigates the important role of correctional social work in the context of the juvenile justice system in Indonesia. The main focus is on the existence and effectiveness of legal interventions carried out in efforts to rehabilitate and reintegrate children involved in legal violations. This research uses a qualitative approach with descriptive methods. The research results confirm that the existence and intervention of correctional social work in the juvenile justice system in Indonesia has a significant impact in supporting the rehabilitation and reintegration of juvenile criminals. The holistic and therapeutic corrective approach applied by social workers helps children understand their mistakes, develops adaptive skills, and motivates them for positive change. Serving as counselors, motivators, experts, therapists, brokers, educators, advocates, and mediators, correctional social workers facilitate children's access to rehabilitation, education, and training programs that meet their needs. By focusing on the interests and welfare of children as the main priority, the existence and intervention of this effectively ensures the protection and provides the necessary support for children involved in the juvenile justice system in Indonesia, guiding them towards positive behavioral changes and achieving a better future. Good.
Cryptoization and Shadow Currency: Legal Overview of the Importance of Digital Rupiah in Indonesia Sulistiyono, Adi; Kharisma, Dona Budi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4369

Abstract

Cryptoization in Indonesia can be seen in the number of investors and crypto asset transactions. As of January 2024, the total number of crypto asset investors reached 18.83 million investors. Meanwhile, the total accumulated value of crypto asset transactions throughout 2024 was recorded at IDR 48.82 trillion. Various types and developments in crypto assets trigger shadow currency risks. Shadow currency is a currency function that can be replaced by another form. In this regard, research is needed regarding the relationship between crypto assets as shadow currency in financial stability and the importance of regulating digital rupiah in Indonesia. The approach used is the statute approach. This research will examine various laws and regulations relating to crypto assets, fintech, financial systems and currencies. The research results show that the crypto asset transaction process occurs outside the official monetary system and can develop into a digital currency area outside certain jurisdictions. The materialization of this risk can threaten a country's monetary sovereignty, thus triggering the risk of shadow currency. Therefore, it is recommended that the Digital Rupiah be a Central Bank Digital Currency (CDBC) which is officially implemented in Indonesia. However, there needs to be regulatory and policy support needed so that CBDC can be implemented in Indonesia, one of which is through a revision of the Indonesian Act on Currency.
Paying Attention to Privileges: Comparison of the Special Laws of Yogyakarta and Aceh from a Legal and Constitutional Perspective Supono, Supono; satriawan, Iwan; Adilah, Indira Naquita
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4370

Abstract

This research aims to take an in-depth approach to examine the comparison between the implementation of the Yogyakarta and Aceh Special Laws from a Legal and Constitutional Perspective. The main focus is on implementing the two laws and how the unique aspects contained therein are reflected in practice. The research method used is comparative law as the primary basis, focusing on the Special Laws of Yogyakarta and Aceh in the Legal and Constitutional Perspective. Research data was obtained through a comprehensive literature study and analysis of relevant legal documents, including the texts of laws, government regulations and court decisions relating to the two provinces. After collecting the data, an analytical approach uses the legal and constitutional framework as a guide. The research results show that this comparison involves research into the history of the formation and legislative background of the Special Laws, the particular scope provided, and the implementation mechanisms stipulated by the two laws. Through this approach, this article provides a deeper understanding of the dynamics of law and regional autonomy in Indonesia, as well as the contribution of these two legal instruments in supporting local identity and wisdom within the framework of a unitary state.
Legal Construction in Indonesia's Right to Economic Self-Determination (RESD) of the Bilateral Investment Treaty (BIT) Rahman, Irsan; Khuan, Hendri; Riana, Ana; Sari, Patma; Hidaya, Wahab Aznul; Nurikah, Nurikah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4371

Abstract

The study employs descriptive-analytical methods to examine the relevant laws and enforcement practices. It views the RESD as an emerging norm through a constructivist lens, influencing both the host countries and the global normative framework. The research finds a growing momentum to revise BIT clauses to better reflect dynamic RESD principles and social responsibility. This involves moving away from focusing solely on unilateral power. The study proposes a new model for RESD, aimed at promoting good governance and fairness in administrative processes. This model will be vital for renegotiating or redesigning BIT provisions, particularly for countries like Indonesia. By explaining the acronyms and simplifying the sentences, the key points become clearer: the need for a balanced approach in BIT negotiations, the role of RESD in this balance, and the potential for revised treaty clauses to better align with principles of social justice and fairness.
Obligation to Pay Online Loans: Dissecting the Principles of Debt Legality in the Digital World Pransisto, Johamran; Sitinjak, Humala; Sitinjak, Imman Yusuf; Junaidi, Junaidi; Thio, Ricky; Rohani, Aceng Asnawi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4372

Abstract

Examining the duty to repay online loans within the framework of debt legality in the digital age, and how successful monitoring and enforcement of laws have been in enforcing online loan rules in Indonesia are the overarching goals of this study. Findings are based on logical viewpoints, critical analysis, and philosophy; the study takes a normative legal stance with analytical descriptive methodologies; it examines pertinent laws and regulations as well as applicable law enforcement activities. In particular, when it comes to dealing with unregistered fintech, the findings reveal a disconnect between current legislation and the efficacy of its oversight. Issues with implementation and enforcement of legislation continue to affect consumer protection and transaction fairness, despite efforts to promote transparency and consumer protection via regulations like Financial Services Authority Regulation Number 77/POJK.01/2016. For better management, this study suggests tightening the regulatory framework and boosting inter-institutional cooperation.
CHALLENGES AND EXPECTATIONS FOR THE IMPLEMENTATION OF CUSTOMARY LAW (COMPARATORY ASPECTS OF INDONESIA AND OMAN) febrianty, yenny; Handoyo, Sapto; Fitri, Hidayati; Hidaya, Wahab Aznul; Taranama P.M., Hilton
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4373

Abstract

Focusing on the connection between customary law and human rights concepts, this study seeks to examine the difficulties and potential solutions surrounding the recording, regulation, and application of customary law in Oman and Indonesia. This study compares and contrasts two nations, Oman and Indonesia, using a normative and comparative method. Literature reviews, statutory rules, official papers, and policies pertaining to law are all sources of legal information. According to the study's findings, the most significant problems include a lack of documentation of customary law, clashes between customary law and human rights principles, and difficulties in incorporating customary law into the country's legal system. A portion of the suggested remedy is to bring formal law and customary law into closer alignment, and another element is to increase indigenous people's involvement in the legislative and judicial processes.
Wild Divorce Solutions: Perspectives from Law Number 1 of 1974, Law Number 7 of 1989, and the Compilation of Islamic Law Nasution, Alpun Khoir; Asmuni, Asmuni; Syahmedi Siregar, Muhammad Ramadhan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.4374

Abstract

This study acknowledges about the illegal divorce that husbands have imposed outside the court of the perspective of Marriage Law in Indonesia. There are three problems that will be answered in this study. First, how are the illegal divorce law problems in the perspective of Indonesian Marriage Law and Islamic Jurisprudence? Second, how is the illegal divorce urgency in the perspective of Islamic Jurisprudence and Indonesian Marriage Law? Third, how is the Marriage Law solution in Indonesia against the illegal divorce? To answer these problems, a literature study has been done. Data about the illegal divorce is obtained from books or Islamic Jurisprudence books, laws or regulations, and electronic data through the website. These data are processed, analyzed, and used as materials to study about the illegal divorce by using the normative legal study methods. The results of the research have found answers to the problems above, first, there are four of the illegal divorce law problems, such as its validity, lack of legal protection, the illegal divorce couples can’t legally marry another person, and they also can’t get the rights after divorce.
Medan City Government Islamic Communication Policy In Resolving The Amal Silaturrahim Mosque Dispute In Medan City muniruddin, muniruddin; Ridho, Ahmad Rasyid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4380

Abstract

Received: Revised: Accepted: Keywords:Policy, Municipal Government, Mosque DisputeThis research aims to find out how the Medan City Government's Islamic communication policy is in resolving the land dispute for the Amal Silaturrahim mosque on Jalan Timah Putih, Medan District, Medan City Area, and what solutions are found after the government's Islamic communication, in this case the level II and sub-district municipal governments and the Affairs Office. Medan District Religion Medan City Area. The research method used is a qualitative method with a descriptive approach. And to obtain data, it was also obtained through interviews, observation and documentation from various aspects in the Medan city government, the Medan area sub-district sub-district office and the cross-sectoral Office of Religious Affairs, as well as an approach to the functional BKM of the Amal Silaturrahim Mosque. The results of the research show that there is an Islamic communication policy in the strategy carried out by the Medan city government in a peaceful effort to resolve the land dispute between the old charity mosque and the land for the new mosque. 1. There is an Islamic communication policy carried out by the government, both between the government and religious functionaries in the management of the old mosque and communication with the management of the new Amal Silaturrahim mosque, as well as government policy in religious matters represented by the Head of the Office of Religious Affairs, 2. Forms of government communication in resolving the dispute over the Amal Silaturrahim mosque Jl. White lead No. 29 in the city of Medan is diagonal communication, namely cross communication, namely communication between section leaders and other section employees, or between one leader and another leader who has different authority        
Communication Policy In Realizing A Great North Labuhan Batu Through The “Regency Of Ngantor” Program In The Village” With An Islamic Communication Perspective Sampurna, Ahmad; Thamrin, Ahmad; Sazali, Hasan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4381

Abstract

Regent of Ngantor in Villages (BungDesa) is a national program launched by the Minister of Villages, Development of Disadvantaged Regions and Transmigration of the Republic of Indonesia. This program is widely known by the public, because with the help of various media, it has become a national agenda which is expected to provide great benefits for accelerating development, especially in rural areas. This research used a qualitative approach with the research location being carried out in North Labuhan Batu with the time allocated for this research being 13 months from February 2023 to February 2024. The research informants were 5 people and were supported by elements of the community. Data collection used a triangulation approach (observation, interviews and documentation). Data analysis uses three stages, namely data reduction, data presentation and drawing conclusions. So that the validity of the data and the credibility of the research results can be trusted and correct. The research results show that 1) The Ngantor Village Regent Program is an initiative aimed at bringing local government closer to rural communities and increasing access to public services at the village level. 2) The Ngantor District Government program in this village is also in line with the ideals of "great labura" for intelligent, prosperous and religious human resources. 3) This program lays the foundation for mutually beneficial cooperation between the government and rural communities through close dialogue and coordination.

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