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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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LEGAL TRANSPLANTATION OF PRINCIPLES OF NATIONAL TREATMENT IN RETAIL TRADING ACTIVITIES BY FOREIGN DIRECT INVESTMENT Cassandra Stephanie Paulira
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.v22i1.4753

Abstract

This paper aims to elaborate the extend on how the National Treatment Principle transplanted on Indonesian legal framework as a result of Indonesia's membership in WTO particularly after going through the development of Covid-19 and the enactment of the Job Creation Law, in particular the aftermath of the government's policy to open retail trading business activity to foreign direct investment. This study uses doctrinal legal research form by examining literature materials or sources in the form of written positive legal norms. The Investment Law has accommodated the 5 (five) main principles after the ratification of the GATT; however, it is found that the implementation regulation violates the principles in the ministerial regulation level. Study on the contradiction of the legal transplantation effort is rarely made toward the National Treatment principle due to its broad definition. This study can be useful to foresee the risk of a policy in general and to improve the interest of foreign direct investment in particular as well as to fill the gap of rising concern technical understanding of the retail trading business activity for foreign direct investment. 
Efforts to Legalize Cannabis for Medicine, Reviewed from Legal Sociology Muh. Nasir
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.v22i3.4757

Abstract

Indonesia as a country that adopted  the 1961 Single Convention on Narcotics and the Protocol that changed it, refers to Political principles. Which was ratified  by Law No. 35 of 20009 concerning narcotics. Narcotics abuse is prohibited and threatened with imprisonment as well as narcotics addicts who do not report to recover are also threatened with criminal punishment, but the coercive effort and punishment are in the form of rehabilitation. Modern medicine  is a method of treatment that is carried out based on scientific  research and based on knowledge from various aspects, medical  treatment uses several applied scientific disciplines in treating a disease, the way of examining and diagnosing diseases is more accurate. The problem in this study is how  can the potential legalization of cannabis for treatment be realized in Indonesia? How can  the legalization of marijuana for treatment be applied in Indonesia? The objectives of this research are. To find out and analyze whether the potential for legalization of cannabis for treatment can be realized in Indonesia. The research method used is  a normative  research method through a library research approach or a literature review method using  the analytical descriptive writing method. From the results of the data collected from the laboratory research.The results of the study show that. The legalization of marijuana for treatment can be realized in Indonesia in terms of existing laws, in Law No. 35 of 2009 Health Law No. 17 of 2023 article 139. Judging from the benefits,  the Narcotics  Law and the Health Law, and Islamic religious law are allowed, which through   mechanisms or exceptions under certain conditions are allowed, and also from sociology of society there are also marijuana used in daily life. In the application or implementation of the legalization of marijuana for treatment, there are several factors that hinder  the legalization of marijuana for treatment, the Convention
Management Of Ziswaf Uin Su And Polmed Islamic Law Perspective Tambunan, Abd Aziz; Yamamah, Ansari; Harahap, Arifuddin Muda
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.v23i2.4761

Abstract

Zakat, Infaq, Sadaqah and Waqf (ZISWAF) is part of Islamic philanthropy which is currently starting to receive a lot of full attention, both from the government and other parties. Empowering various forms of philanthropy is part of efforts to help solve various problems in the community and at the same time improve the community's economy, especially after the Covid-19 outbreak. ZISWAF’s various potentials deserve to be empowered and maximized to support the economic revival that is being pursued by the government. One of the management institutions is UIN SU and POLMED. In order to increase efficiency and usefulness, zakat must be managed institutionally and professionally in accordance with Islamic law. Through an empirical normative study, this research seeks to reveal the implementation of empowerment and management of Islamic philanthropic potential which is in fact part of Islamic sharia, namely ZISWAF in educational institutions in the dimension of Islamic legal studies. The research results show that in its management, POLMED among universities that have carried out philanthropic operations has not fully coordinated with local related institutions such as BAZNAS. This should be a problem because potential forces can be gathered well but seem to stand alone without good coordination. Moreover, distribution is only limited to intra-campus communities such as students and workers on campus, so there are allegations that distribution relies on several subjective recommendations. In addition, the existing supervisors are not fully involved in efforts to increase the transparency and accountability of ZISWAF management on campus. This research recommends that ZISWAF management adjust its governance in accordance with sharia provisions.
Encouraging Compliance and Integrity: Building a Civil Servant Discipline System in terms of the Legal System Aspect Irma Purwaningsih; Nanik Prasetyoningsih
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.v22i1.4767

Abstract

Civil Servant (PNS) discipline is a fundamental pillar in creating a state apparatus with integrity and high performance. This article discusses the urgency of building an effective civil servant discipline system based on statutory Law to encourage compliance and integrity. This research uses normative juridical methods by examining statutory regulations related to civil servant discipline, such as the ASN Law and PP 94/2021. The research results show that the current civil servant discipline system still has several areas for improvement, such as a need for firmness in enforcing sanctions and inadequate coaching mechanisms. To build an effective civil servant discipline system, several strategic steps need to be taken, including Strengthening regulations related to civil servant discipline by evaluating and revising existing regulations, Increasing the effectiveness of enforcing disciplinary sanctions by prioritizing the principles of justice and proportionality, Strengthening the role of the Government's internal oversight apparatus in supervising and following up on civil servant disciplinary violations, building a culture of discipline and integrity within government agencies through ongoing education and training. Effective and consistent enforcement of civil servant discipline will encourage the creation of a state apparatus that is professional, has integrity, and has high performance so that it can ultimately support the achievement of national development goals.
PANCASILA IN ISLAMIC LAW STUDIES: CONSTRUCTION OF INDONESIAN SOCIAL JURISPRUDENCE Shofiyulloh Shofiyulloh; Ansori Ansori; Arini Rufaida
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.v22i1.4772

Abstract

This study shows how the practice of Pancasila in Indonesian society can be used to carry out the pattern of developing fiqh in that country. Making an attempt to live up to the values found in Pancasila is the first thing that needs to be done. Forming maqa>s}id asy-syari>'ah in Pancasila is the next step. According to this study, the core principles of Islamic teachings align with the admirable ideals of Pancasila. The first rule is consistent with upholding religion. Next, upholding moral and ethical standards is mentioned in the second premise. In the meantime, the ideals of harmony and collaboration are mentioned in the third principle. The fourth principle talks about discussion and consideration. After that, the values of fairness and social balance are discussed in the fifth principle. This research employs an ushul fiqh approach to perform istinba>t h~ukm and analyze Pancasila in the study of Islamic law in order to understand the pattern of formation of Indonesian fiqh. The following conclusions are drawn from this investigation. Initially, the process of investigating Indonesian social jurisprudence involves examining and appreciating Pancasila. Secondly, the principles found in Pancasila align with the core principles of Islamic social teachings. Third, Pancasila characterizes social sector conformance with maqa>s}id asy-syari>'ah.
"Mama Tikus" A Case Study of Illegal Trade And Smuggling at The Napan Border Nusa Tenggara Timur-Indonesia and Oekusi Enclave-Timor Leste Nomleni, Anton Petrus Welland; Kameo, Daniel D.; Therik, Wilson
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.v23i1.4781

Abstract

This article aims to provide an overview of the dynamics of women in Napan Village, North Central Timor Regency, in engaging in illegal trade and smuggling activities through informal routes with traders from the Oekusi Enclave, RDTL, hence earning the nickname "Mama Tikus" (Rat Mama). The trade conducted through these informal routes involves various commodities, including non-subsidized manufactured goods and local agricultural and plantation products. In response to pressure from "Mama Tikus" and other members of the community, the local government has implemented a responsibility policy with mechanisms agreed upon by these traders, allowing them to conduct their transactions smoothly. Furthermore, the perspective of Caroline Lesser & Evdokia Moise-Leema  categorizes the illegal trade and smuggling of commodities in the Napan area into three categories: Category A: Informal/unregistered traders or firms operating entirely outside the formal economy, including individuals like "Mama Tikus," who engage in economic activities without formal registration as traders but conduct trade and transactions with parties from Oekusi-RDTL. Commodities traded include a thread for traditional weaving, tamarind, porang, and cowhide, as well as local agricultural and livestock products. Category B: Formal/registered firms fully evading trade-related regulations and duties, such as avoiding official border crossing posts. This category pertains to non-subsidized manufactured goods traded by merchants without going through customs or via informal routes. Examples include soap, toothpaste, instant noodles, cooking oil, electronics, flour, soft drinks, alcoholic beverages, cigarettes, and other commodities. 
DIGNIFIED JUSTICE PRESPECTIVE ON THE DEVELOPMENT OF MILITARY LAW IN INDONESIA: WHAT AND HOW? Kriswanto, Kriswanto
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.v23i1.4782

Abstract

Military law in Indonesia plays a crucial role in maintaining the country's order and security, with the perspective of dignified justice being highly relevant to ensure the protection of human rights for soldiers and justice in military legal processes. This research aims to analyze the development of military law in Indonesia from the perspective of dignified justice, as well as to identify challenges and opportunities in integrating the principles of dignified justice into the Indonesian military legal system. This study employs normative legal research methods with a conceptual and legislative approach. Data sources include primary, secondary, and tertiary legal materials collected through literature studies, then qualitatively analyzed using deductive-inductive reasoning to understand the concept of dignified justice and its application in Indonesian military law. The research findings indicate that the development of military law in Indonesia, viewed from the perspective of dignified justice, shows a complex and dynamic evolution since the era of independence. Continuous efforts are being made to build a military legal system that aligns with the principles of democracy, human rights, and the rule of law, as reflected in regulatory changes such as Law No. 34/2004 and Law No. 25/2014. Although there are still challenges in implementation, particularly related to military court jurisdiction, gender equality, and balancing national defense interests with individual rights protection, these developments reflect the efforts to realize dignified justice in the military context. This process also opens significant opportunities, including comprehensive military law reform, strengthening military professionalism, and developing a more humanistic military doctrine, although it still requires continuous evaluation and refinement to achieve a balance between national security and respect for human dignity.
Politics and Law Testing Policy Regulations Based on Substantive Justice Budianto, Kun
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.v23i1.4784

Abstract

This study aims to analyze the legal-political aspects of policy regulation testing in achieving substantive justice. It focuses on the analysis of: (a) standards and parameters related to policy regulation testing based on discretionary powers, and (b) legal-political aspects concerning policy regulation testing based on substantive justice. This research adopts a legal doctrinal approach emphasizing conceptual and legislative frameworks. The findings assert three standards and parameters for policy regulation testing: firstly, fundamental standards and parameters referring to Administrative Law of Procedure (AUPB). In this aspect, AUPB needs to be linked to societal harms to serve as a benchmark for policy regulation. Secondly, standards and parameters for policy regulation testing should align with the concept of PMH in civil law, requiring that the tested policy regulation directly impacts societal losses. Thirdly, standards and parameters for policy regulation testing should consider authority, substance, and procedure aspects, ensuring regulations are made by competent authorities, with appropriate substance, and adhering to specific procedures. The legal-political dimension of policy regulation testing based on substantive justice necessitates the revision of the 2019 Supreme Court Regulation on PMH to provide specific regulations regarding policy regulation testing, including clarification on standards and parameters. The revision aims to enhance the effectiveness of policy regulation testing as part of the government's Tortious Acts testing, thereby facilitating procedural processes and efforts to promote substantive justice.
LEGAL PROTECTION FOR CREDITORS IN ENHANCING TRUST IN CREDIT AGREEMENTS WITH MORTGAGE RIGHTS AS COLLATERAL Kurniawan, Itok Dwi; Septiningsih, Ismawati
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.v23i2.4788

Abstract

Economic and business development in Indonesia heavily relies on the role of financial institutions, especially banking, in providing capital through credit facilities. However, credit distribution also carries the risk of default, necessitating an adequate legal protection system for creditors. This research aims to analyze the legal protection for creditors in credit agreements with mortgage rights as collateral under Indonesian positive law, identify issues hindering its implementation, and formulate solutions to strengthen legal protection to increase creditor confidence. The study employs a normative legal research method with conceptual and statutory approaches, focusing on an in-depth analysis of creditor protection in credit agreements with mortgage rights through examination of legal principles, legal systematics, and relevant legislation. Data collection is conducted through literature study, while data analysis uses a qualitative method with a deductive approach, involving stages of identification, interpretation, consistency analysis, and synthesis to identify legal gaps and formulate recommendations for improving legal protection for creditors. The research results reveal that legal protection for creditors in credit agreements with mortgage rights in Indonesia faces several obstacles, including ineffective execution processes, limited collateral objects, lack of certainty in collateral valuation, limited capacity of registration institutions, and low public legal awareness. To address these issues, proposed solutions include optimizing execution implementation, expanding collateral objects, creating clear valuation guidelines, enhancing the National Land Agency's capacity, providing legal education to the public, improving relevant regulations, increasing inter-agency coordination, and strengthening supervision and law enforcement. The implementation of these measures is expected to increase creditor confidence, improve the investment climate, and promote economic growth while maintaining a balance of interests among all parties.
The Implementation of Legal Istinbath Results at LBM MUDI Mesjid Raya Samalanga Abdullah, Abdullah; Pagar, Pagar; Ardiansyah, Ardiansyah
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.v23i2.4792

Abstract

This study explores the application of the LBM MUDI Mesjid Raya's legal istinbath results (jurisprudential reasoning) at Samalanga, focusing on their methods and approaches to legal decision-making. Employing phenomenological and sociological approaches, the research integrates qualitative field and library research to analyze legal phenomena within social and religious contexts. Key participants included the chairman and officials of Lajnah Bahtsul Masail (LBM), as well as scholars from Dayah Mudi Mesra Samalanga, Aceh. Data collection methods comprised in-depth interviews, direct observation, and document analysis. The data were analyzed by using a grounded theory approach, adhering to Miles and Huberman's stages of data reduction, data display, and conclusion drawing. The findings indicated that the approach of LBM MUDI Mesjid Raya is based on a systematic istinbath method and a qauli method that prioritizes classical texts. Their decision-making process incorporates multi-perspective problem analysis, consideration of the legal impact on social, political, and economic dimensions, and alignment with the principles of Ahlu al-Sunnah wa al-Jama'ah. The two stages of discussion, which include both members and leadership, make sure that there is full discussion and careful thought. They do this by combining traditional textual bases with modern situations to uphold the principle of maslahah (public interest). The ilhaq masail bi nadhairiha method generates solutions for issues beyond the scope of classical qauli methods. This illustrates LBM's adaptability in addressing contemporary issues while maintaining a commitment to classical Islamic principles, demonstrating a balance between tradition and modern relevance.

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