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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 Legal Certainty of Community Participation Related to Mining Activities Tampubolon, Muhammad Hatta Roma; Maddusila, Sitti Fatimah; Zulkarnain, Zulkarnain; Mallawa, Suardi Dg.
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.v23i1.4465

Abstract

Indonesia is rich in mining resources, which constitute one of the crucial sectors for national development. However, mining activities are not without controversy, particularly regarding community participation in decision-making processes and implementation. Despite existing laws guaranteeing the community's right to participate, their implementation still faces obstacles such as legal uncertainties concerning the mechanisms and procedures for participation, which have not been clearly and comprehensively regulated. The purpose of this research is to examine the legal certainty regarding community participation in mining activities in Indonesia and to identify the problems and challenges faced in its implementation. This study employs normative legal research methods with a legislative and conceptual approach. Data collection techniques are conducted through literature studies, analyzed qualitatively with content analysis, and presented descriptively and analytically. The research findings reveal that legal certainty regarding community participation in mining activities in Indonesia is currently regulated by laws such as the Mineral and Coal Mining Law (UU Minerba) and Government Regulation No. 51/2014, which guarantee the community's right to participate. However, these regulations do not clearly define the mechanisms and procedures, leading to legal uncertainty. The main problems and challenges in implementation include unclear mechanisms and procedures for participation, lack of socialization and transparency of information, low community capacity, weak law enforcement and supervision, and potential conflicts of interest that can hinder effective and sustainable community participation in mining activities.
The Nickel Industry in Indonesia: How Far Are the Environmental Impacts and the Legal Liability? Hafiza Hafiza; Yeni Widowaty; Hikmah Zougira
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4466

Abstract

One of the elements of human rights is the right to a safe and healthy environment—industrialization's role as an economic booster. However, the Konawe Nickel Industrial Area's industry impacts the environment. This research examines the legal liability for (VDNI) Virtue Dragon Nickel Industry Inc.'s environmental impacts in Morosi District, Konawe Regency. The findings revealed that the nickel smelter industry Konawe's VDNI Inc. activity resulted in a change in ambient air quality that exceeded the required air quality standard, noise disturbance that exceeded the quality of noise needed standard, as well as Toxic and Hazardous Waste (B3) waste and non-Toxic and Hazardous Waste (non-B3) taste that was still stored in one place and did not report their business activities to the Provincial and Regency Environmental and Forestry Services and the Industry and Energy Office regarding the use of coal-fired power plants in the electricity sector. As a result, VDNI Inc. must be held entirely accountable (strict liability) in administrative, civil, and criminal law.
Optimizing Diversion Policy Due to Overcrowding in Children's Special Development Institutions (LPKA) Hamdi Hasibuan; Adi Mansar; Surya Perdana
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4469

Abstract

Child convicts are separated from adult convicts so that they are placed in the Special Children's Development Institution (LPKA), where this is a place for child convicts, not as a place to administer punishment as we know in Correctional Institutions (Lapas) which contain adult convicts. The essence of diversion with a restorative justice approach is the "transfer" of the process of resolving criminal acts from inside to outside the court through the method of consensus deliberation by prioritizing "restoration", "improvement" of the original situation before the crime occurred and by meeting the needs of victims, perpetrators and the community. This is stated in Article 8 of the SPPA Law that diversion is carried out through deliberation involving many parties. The results of diversion are expressed in the form of a "diversion agreement" which generally takes the form of peace (with or without compensation), handover to parents/guardians, education/training at educational institutions or LPKS; or community services. Negative impacts arising from the decline of prison and detention center residents include burdening staff, deterioration of living conditions, lack of access to education, training and employment, quality of health and physical and mental comfort which triggers tension and violence, increasing the risk of disease transmission. , also has an impact on state finances, human rights issues, health issues, security and economic issues due to illegal levies, security for officers, and the effectiveness of coaching. Therefore, it is important to have policies to mitigate the impacts arising from the overcrowding that occurs in prisons and detention centers
REGULATION AND IMPLEMENTATION OF HALAL CERTIFICATION IN INDONESIAN FASHION PRODUCTS (An Analytical Study of Law No. 33 of 2014 on Halal Product Assurance) Nasution, Evriza Noverda
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.v23i2.4482

Abstract

The halal industry is a growing sector globally, but the implementation of halal certification for fashion products lags behind other products. This study focuses on formulating halal certification for fashion in Indonesia, analyzing obstacles and solutions, and reformulating halal criteria to ensure future compliance with Islamic law. The research, which is normative-empirical, uses legislative, analytical, and case study approaches. Findings indicate that the mandatory halal certification in Indonesia, introduced by Law No. 33 of 2014, is being implemented gradually, with food and beverage products by October 18, 2024, and fashion products by October 18, 2026, as per Government Regulation No. 39 of 2021. The certification authority has shifted from LPPOM MUI to the Ministry of Religious Affairs via BPJPH, which certified over 3 million products by 2023. However, the implementation for fashion products is minimal, mainly covering woven fabrics with animal-derived materials as a critical point. Future halal fashion certification can be enhanced by adding criteria to meet Islamic law requirements. Reformulation of the certification can be achieved by amending PP No. 39 of 2021 or issuing a BPJPH decision on halal indicators for fashion. Challenges include the halal supply chain, lack of globally recognized certification, absence of international halal criteria for fashion, and technological advances causing material distortions. Solutions involve a traceability system to maintain supply chain integrity and global cooperation
Restorative Justice in The Application of Criminal Acts Through Police Discretion Based on Local Wisdom Sugiharto, Widodo; Yodo, Sutarman; Sulbadana, Sulbadana
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.v23i1.4484

Abstract

This research aims to: (1) Understand and analyze the application of Discretion by the Police in resolving criminal acts. (2) Understand and analyze whether Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. (3) Understand and analyze whether Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. This research uses a normative-empirical research type. The use of this research type is based on the formulation of the problem proposed as a logical consequence of the research legal issue in the background of the problem. This research type is used in accordance with the formulation of the proposed problem. Research results: (1) The application of Discretion by the Police in resolving criminal acts. Criminal law enforcement with the authority of Police Discretion, in its implementation prioritizes the Restorative Justice approach, namely the resolution of criminal cases by involving the perpetrator, victim, perpetrator/victim's family and other related parties to jointly resolve fairly by emphasizing restoration to the original state. (2) Police Discretion can be used as a basis for resolving criminal acts based on Restorative Justice. Discretion based on the Restorative Justice approach is a paradigm that can be used as a framework for handling criminal cases through the conventional criminal justice system in Indonesia. Police Discretion based on Restorative Justice, handling criminal cases based on the National Police Chief Circular Number: SE/8/VII/2018 dated July 27, 2018 concerning the Application of Restorative Justice in the Settlement of Criminal Cases, which serves as a guideline for Investigators in resolving cases through Restorative Justice at the investigation and investigation level. (3) Local Wisdom values can strengthen Discretion in resolving criminal acts based on Restorative Justice. The revitalization of Local Wisdom is a strategy used to revive community traditions and culture so that they can be used as an alternative by the Police in resolving criminal acts. Through Restorative Justice originating from Police Discretion.
COMPARISON OF LEGAL IN GRANTING THE RIGHTS OF RETITUTION TO VICTIMS OF SEXUAL VIOLENCE Sari, Pika; Yanuarto, Toto; Setyawan, Effendi; Prakoso, Bhim
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.v23i2.4485

Abstract

The existence of an effective legal system for the protection and recovery of victims of sexual violence is important in the context of respect for justice. The problem is the legal protection of victims of sexual violence, and the granting of restitution rights to victims of sexual violence. This type of research includes a legal-normative section which examines theories, concepts, legal principles and legal provisions that are appropriate and relevant to the subject of the research. This research uses qualitative methods and case methods. In addition, the data obtained will be processed qualitatively and presented in descriptive form. In conclusion, legal protection for victims of sexual violence in Indonesia is regulated in Law Number 31 of 2014 concerning Protection of Witnesses and Victims. Victims of criminal acts have the right to receive compensation, compensation for loss of income or property. By providing the right to restitution to victims of sexual violence in Indonesia, it is clear that restitution or compensation recognizes the victim's suffering and provides adequate restitution. However, there are differences in policies regarding restitution for victims of sexual violence in Malaysia. Currently there is no law that clearly regulates this aspect. This condition can cause victims to feel insecure and have difficulty identifying their pain. Therefore, special attention must be paid to improving restitution rules to better guarantee the rights of victims of sexual violence.
Dynamics of Islamic Communication Between National Political Parties and Local Political Parties in South Aceh and Southwest Aceh Districts Ahead of the 2024 Legislative Election Irpannusir, Irpannusir; Katimin, Katimin; Nurhanifa, Nurhanifa
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.v23i2.4486

Abstract

This study examines the dynamics of political communication between national political parties and local political parties in Southwest Aceh Regency (Kabupaten Aceh Barat Daya) and South Aceh Regency (Kabupaten Aceh Selatan) leading up to the 2024 Legislative Election. The research employs a qualitative methodology, which seeks to uncover issues, conditions, or events (fact-finding) experienced by the research subjects, including behaviors, perceptions, motivations, and actions holistically. These findings are then described in words and language within a specific natural context using various natural methods. The study aims to describe the dynamics of political communication between national and local political parties, analyze the implications of these dynamics, formulate the concept of Islamic political communication as a strategy to strengthen political communication between national and local parties, and identify barriers to implementing Islamic political communication as a strategy in Abdiya and South Aceh regencies leading up to the 2024 Legislative Election. The research findings reveal: First, the dynamics of political communication between national and local parties in Abdiya and South Aceh leading up to the 2024 Legislative Election are quite dynamic, characterized by the development of both effective and ineffective political communication. If not managed properly, ineffective political communication is likely to become dominant. Second, the implications of political communication between national and local parties in Abdiya and South Aceh leading up to the 2024 Legislative Election are also dynamic, with various forms of political messages impacting the audience and becoming targets for other political media/channels. There are three types of communication effects: cognitive, affective, and behavioral, all of which are significantly observed in Aceh Abdya and South Aceh. Third, Islamic political communication as a strategy to strengthen effective political communication by national and local parties in Abdiya and South Aceh leading up to the 2024 Legislative Election is seen as a suitable solution, although it requires a long process.
Legal Perspective and Public Values in Family Planning Services: Analysis at the Jambi City Population Control and Family Planning Service Fadilah Salsabila Armand
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 001 (2023): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.4502

Abstract

Based on the problems that occur in the city of Jambi, the unmet need rate is still high and does not reach the target this indicates a lack or absence of public value in providing family planning services. This study aims to describe, analyze and explain public value in family planning services at the Jambi City Population Control and Family Planning Office. This research uses a descriptive qualitative method with a case study approach. The results showed that DPPKB Jambi City did not fulfill one dimension of Public Value in providing Family Planning (KB) services to the community, in other words, it had not created optimal public value in providing KB services in the substantial value dimension.     Keywords:Public Service; Public Value; Family Planning;
LEGAL CERTAINTY OF GROSS NEGLIGENCE AS AN ELEMENT OF CRIMINAL LIABILITY FOR MEDICAL PROFESSIONALS: PROBLEMS AND IMPLICATIONS Darma, I Made Wirya
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.v23i2.4520

Abstract

The legal certainty regarding the requirement of gross negligence as one of the elements of criminalization for medical personnel has become a debated issue due to the absence of clear boundaries in the laws and regulations, resulting in difficulties for judges in determining the criteria for gross negligence and potentially leading to legal uncertainty and injustice. This research aims to analyze the legal certainty regarding the requirement of gross negligence as one of the elements of criminalization for medical personnel in the applicable laws and regulations in Indonesia, as well as to examine the implications of this legal uncertainty on law enforcement and public trust in the medical profession. This research utilizes a normative legal research method with a statutory and conceptual approach, and collects data through library research on relevant primary, secondary, and tertiary legal materials. The analysis is carried out using content analysis techniques and legal interpretation. The research results reveal that the legal certainty regarding the requirement of gross negligence as one of the elements of criminalization for medical personnel is still unclear in the applicable laws and regulations in Indonesia. The lack of a clear definition and criteria regarding gross negligence in the Criminal Code and the Health Law leads to legal uncertainty and difficulties for judges in determining whether a case can be categorized as gross negligence, which has the potential to cause disparities in court decisions. This condition has significant implications for fair and consistent law enforcement, public trust in the medical profession, and the evidentiary process, which becomes more difficult. Therefore, efforts are needed to clarify the legal certainty regarding the requirement of gross negligence to ensure justice and legal certainty for all parties.
IMPLEMENTATION OF THE ROAD MAP POLICY FOR BUREAUCRATIC REFORM AT THE INSTANTIONAL LEVEL (Study at the Regional Secretariat of Konawe Regency, Southeast Sulawesi Province) Reski Melyana Melamba; Soesilo Zauhar; Ainul Hayat
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.v22i2.4521

Abstract

Bureaucratic reform has become a very important concept in government administration. In Indonesia, bureaucratic reform has been ongoing for two decades and is systematically regulated through Presidential Regulation Number 81 of 2010 concerning the Grand Design of Bureaucratic Reform for 2010-2024 with the aim of achieving a World Class Bureaucracy by 2025. However, in its implementation, the bureaucratic reform policy is ongoing to date. This has not yet shown an impact on improving governance and achieving development targets, especially in regional governments (Hermawan et al, 2020). According to the Ministry of State Apparatus Empowerment and Bureaucratic Reform of the Republic of Indonesia, the number of regional governments that have implemented bureaucratic reform programs is 200 out of 500. This is because bureaucratic reform regulations are too complicated, even though there has been a system approach that has been developed, the implementation of bureaucratic reform policies has not yet been implemented. running as expected (Dwiyanto, 2015). This research focuses on the implementation of the bureaucratic reform road map policy at the Regional Secretariat of Konawe Regency, Southeast Sulawesi Province. The results of the research show that the implementation of the bureaucratic reform road map policy at the Regional Secretariat of Konawe Regency, Southeast Sulawesi Province has not been effective and has not been completed in several areas of change analyzed, although several areas of change have shown relatively good progress, there are still several aspects that need to be implemented. has not been effective and reached the optimal level as expected.Keywords:Bureaucratic Reform, Policy Implementation, Road Map, Regional Government

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