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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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The Humanitarian Tragedy of "Wadas and Rempang Island" Forms of Neo-Colonialism and New-Style Neo-Capitalism and the Collapse of Law in Indonesia Dwiono, Sugeng; Haryadi, Slamet; Iskandar, Iskandar
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.v22i2.4603

Abstract

The clash on September 7, 2023, between Rempang residents and security forces (POLRI, TNI), which ended with the arrest of 43 residents, mirrors the conflict that occurred between the residents of Wadas Village, Bener Subdistrict, Purworejo Regency, Central Java, and the Central Java Regional Government on February 8, 2022. The violence perpetrated by security forces against the residents of Rempang Island occurred when the company, escorted by security, unilaterally staked out Malay customary land in 16 traditional villages on Rempang and Galang Islands in the Riau Archipelago, covering an area of 17,600 hectares. This included 10,028 hectares of protected forest, or about 45.84% of the total land area, which they had occupied since 1834. According to the head of Batam Concessionaires (BP), Muhammad Rudi, the Eco City development plan has been underway since 2004. At that time, PT. Makmur Elok Graha and Xinyi Glass Holding Ltd. (July 2023), the exclusive rights holders, became the private entities partnered with the government (September 12, 2023), receiving an 80-year concession from the government. The government's actions of land seizure and violence demonstrate a form of power arrogance that tends toward abuse of power, under the pretext of protecting a 381 trillion investment, while ignoring the rights of citizens as stipulated in the 1945 Constitution and the Basic Agrarian Law. The government's actions represent forms of Neo-Colonialism and Neo-Capitalism occurring during the Jokowi administration. This situation underscores that the law is no longer equal; the law has collapsed, becoming merely a symbol that only favors power.
Analysis of the Success of Religious Courts in Reducing the Number of Marriage Dispensations as an Effort to Support the Government in Preventing Child Marriage Yusroni, Ahmad; Haryonk, Bambang Santoso; Nuh, Mohammad
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.v22i3.4610

Abstract

Dispensation for marriage is actually considered a simalakama fruit, because changes to the age limit for marriage seem futile if in the end minors can legally marry with dispensation from the Court. The facts on the ground show that the ambiguity in Article 7 of Law No. 16/2019 on Marriage leaves more serious problems. As a result, several court institutions have been flooded with applications for dispensation for various reasons submitted by parents of children who wish to marry. Malang District, which contributed the highest number of marriage dispensations in East Java in 2022, has conducted various policy programs that have succeeded in reducing the number of marriage dispensations. This article analyzes the success of the Religious Court in reducing the number of marriage dispensations as an effort to support the government in preventing child marriage and what the level of success is by using descriptive qualitative research methods with Allan McConnell's Policy Success theory. This article explores the success of preventing child marriage from the program dimension and its level of success. The results showed that in the indicator of implementation according to the objectives, the level of success was included in Success. Meanwhile, in the indicator of achieving the expected results, the level of success is included in Resilient Success because although there is a decrease in applications for marriage dispensation every year, the number is still high. And finally, the indicator provides benefits to the target group, the level of success is included in Success.
THE URGENCY OF CHANGES TO GOVERNMENT REGULATION 35 OF 2021 REGARDING OUTFFERING Jemaru, Salesius
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4614

Abstract

Outsourcing is considered an alternative way for companies that does not cause a lot of expenses for the company, but this is very detrimental for workers, especially in relation to the amount of wages they receive. In its implementation, quite a few companies violate workers' rights. The existence of Government Regulation Number 35 of 2021 is generally unprofitable for outsourced workers and even has the potential to lead to the practice of modern slavery. Modern slavery refers to the condition of a person being treated like a slave with limited freedom and rights in the context of labor exploitation. In the case of the use of outsourced labor, the Government Regulation provides significant leeway without clear restrictions which could exacerbate the risk of modern slavery practices occurring. Therefore, in order to provide real balance in a company, both between workers and company owners, it is appropriate for the Government to immediately make changes to the contents of Government Regulation Number 35 of 2021 concerning Outsourcing.
COVERNOTE'S STANDING IN ELIGIBILITY ON CREDIT AGREEMENTS IN BANKING Cahyadi, I Kadek Hery; Ramlan, Ramlan; Arifin, Muhammad
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.v22i1.4615

Abstract

Credit agreements signed by creditors and debtors by providing collateral in the form of certificates are generally bound by a notarial deed, whether made authentically or privately. The credit agreement will then be processed to encumber the rights to the collateral. Before the imposition process is completed, it is customary for the Notary-PPAT to create and publish a covernote so that the bank is confident in disbursing credit to the debtor. The aim of this research is to determine the position of covernotes in fulfilling the requirements of credit agreements in banking. This research uses normative research methods. Normative legal research is research conducted or aimed at written regulations because the research is carried out based on statutory regulations, namely the relationship between one regulation and another and its relationship to its application in practice. The research results show that the position of the covernote issued by the Notary-PPAT to fulfill the requirements of the credit agreement at the bank is only limited to being a certificate, to explain that a credit agreement has been agreed and signed by providing a guarantee. However, the covernote is not an object of collateral or guarantee, the covernote is only a certificate that can be used as temporary collateral as a guide for the bank to issue credit to the debtor.
The relationship between taxpayer compliance and taxpayer compulsion on optimizing regional tax revenues in three cities in East Java Province Nugrahani, Shinta Awalia Rizky; Putra, Fadillah; Rochmah, Siti
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.v22i1.4625

Abstract

This research aims to investigate the relationship between taxpayer compliance and taxpayer compulsion to optimize local tax revenues in three cities in East Java Province, namely Madiun City, Mojokerto and Probolinggo. Collective action is used in this research as a theoretical lens that can explore in depth the actions taken by local governments in an effort to optimize tax revenues. A quantitative approach is used to test the relationship between variables through hypothesis testing based on statistical power. A total of 468 respondents was determined based on the results of the Slovin formula calculation. The findings of this research indicate that taxpayer compliance and taxpayer compulsion in the three cities in East Java Province have a positive and significant effect on the optimization of regional tax revenues. This of course has implications for local revenue (PAD) which can be optimized by regional governments through regional tax revenues. Theoretical and practical implications in this research have also been discussed comprehensively based on the research findings.
Concept of Business Dispute Resolution from a Justice Perspective Siahaan, Herikson P.; Eddy, Triono; Ramlan, Ramlan
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.v22i1.4642

Abstract

Business activities are broader than trade, because the scope of business activities is not only trade, but covers broader fields such as production, processing, distribution, trade/marketing, export-import, procurement of goods/services, labor recruitment services, business consulting services , credit, credit guarantees, insurance, business cooperation, investment, mass media, property, capital markets, and others. The concept of resolution is that a private judge is not bound by various formalities, is quick in giving decisions, because it is in the final instance and is binding, which is easy to implement because the parties will obey it. Juridically based on Article 1 point 1 of Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (UUAAPS) arbitration is a method of resolving a civil dispute outside the general court which is based on an arbitration agreement made in writing by the parties to the dispute. The Supreme Court of the Republic of Indonesia said that ADR is a concept of cooperative resolution of conflicts or disputes outside of court which is directed at an agreement or solution to a conflict or dispute that is "win-win". What is meant by a "win-win" solution is a solution or agreement that is able to reflect the interests or needs of all parties involved in the conflict (shared interest).
The Philosophical Foundation of Intellectual Property Rights Protection Setyaningsih, Setyaningsih; Nugrahani, Aline Gratika; Mariane, Irene
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4643

Abstract

The communal system that lives in Indonesian society creates a view and culture that seems to oppose the presence of IPR because of its individuality. Enforcement of IPR protection in Indonesia is still a big homework for the Indonesian government in the midst of the communality of Indonesian society. On the other hand, the pressure of large countries has triggered the imposition of IPR regulations in Indonesia. As a result, Indonesia always holds the status of priority watch list. This paper discusses the philosophical basis for IPR protection in accordance with the character of Indonesian society. This paper will also examine how religion views the concept of IPR protection. So that IPR can be well received and grow properly in Indonesia. The writing uses normative research methods. Finally, it can be concluded that the MUI fatwa which prohibits and forbids the use of Intellectual Property Rights belonging to others without permission, is a strong foundation to sensitize Indonesian society as a religious society that is very obedient to its religious teachings to comply with the protection of Intellectual Property Rights.
Urban Agrarian Reform as a Legal Effort by Communities to Defend Their Land Tenure Rights Mariane, Irene
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4644

Abstract

Urban agrarian reform is a significant issue in Indonesia, often overshadowed by rural land disputes. Rapid urbanization in major cities such as Jakarta, Surabaya, and Bandung has led to complex land conflicts, particularly affecting people living in informal settlements with unclear land ownership status. This study aims to explore the legal measures available to urban communities to defend their land rights amidst forced evictions and inadequate relocation solutions. Using a literature review approach, data was collected from academic journals, books, policy reports, and official government documents. The analysis identified key themes such as unclear land ownership status, inadequate compensation, and relocation, as well as the legal barriers faced by affected communities. The findings highlight the need for transparent mediation processes, fair compensation, and effective land titling programs to ensure social justice and sustainable urban development. By strengthening civil society organizations and fostering collaboration between government, communities, and NGOs, the study proposes strategies to improve the effectiveness of urban agrarian reform in Indonesia
Comparison of Outsourced Workers' Protection Under the Manpower Law and the Job Creation Law Suyatno, Suyatno
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4645

Abstract

Employment is regulated by Law Number 13 of 2003 concerning Manpower (Manpower Law). The relationship between workers and employers is formalized through agreements, which are then divided into fixed-term employment agreements (PKWT) and indefinite-term employment agreements (PKWTT). Additionally, there is outsourcing, which involves the recruitment of employees through manpower supply companies. The approach used in this research method is normative juridical research, where the analysis is based on an approach to legal regulations as the main elements of the study. The reduction of business risks often leads to the practice of outsourcing, which frequently involves the transfer of tasks to outsourcing companies. However, in reality, outsourcing workers often suffer more disadvantages compared to the benefits received by the companies. Hence, the Job Creation Law was enacted as a form of legal protection for the increasingly prevalent outsourcing workers. However, one of the policies in the Job Creation Law includes the removal of provisions from the Manpower Law that previously allowed outsourcing workers to become permanent employees or to establish more stable employment relationships with the employing companies.
The Effectiveness Of The Guideline For Adjudicating Criminal Cases Based On Restorative Justice By The Supreme Court Of The Republic Of Indonesia Flora, Henny Saida
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.v23i2.4653

Abstract

This research aims to analyze aspects of legal effectiveness related to the formulation of Perma RJ 2024. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the essence of Perma RJ 2024 is related to the idea of RJ which actually includes efforts to emphasize the role, participation and activeness of judges so that the RJ approach can run optimally. Perma RJ 2024 actually fulfills the three aspects of effective legal rules as stated by Anthony Allott, namely preventive nature, which is relevant to the substance of Perma RJ 2024 to educate perpetrators so that they do not repeat their actions. In the aspect of legal rules regulating clearly and firmly so that they are oriented towards resolving disputes (curatively) effectively and without being complicated, it is also relevant to Perma RJ 2024 which has emphasized the role and activeness of judges in carrying out RJ. In the aspect of legal rules, it is able to provide facilities for legal subjects to carry out legal actions (facilitative) through the formulation of norms and legal substance that are relevant and applicable in society. This is also relevant to Perma RJ 2024 which provides for the involvement of various parties in RJ, such as the perpetrator's parents. /victims, religious leaders, and community leaders to work together to solve problems

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