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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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Conceptualization Of The Protection Of Human Rights For Victims Of The Crime Of Trafficking In Indonesia Hilman, Zihan Maulida Mulyani; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4172

Abstract

The criminal act of human trafficking has caused suffering because it is a crime that violates human dignity, and so the crime is included in the category of serious crimes. The aim of this research is: This research aims to find out and examine the concept of the criminal act of trafficking in persons in Indonesia, to find out and examine the weaknesses in the arrangements for protecting the human rights of victims of the crime of trafficking in persons in Indonesia, and to find out and examine the conceptualization of the protection of the human rights of victims. Criminal act of human trafficking in Indonesia. This research is a type of normative-empirical legal research that examines the legal problem of human trafficking with a multidimensional approach. The research results show that protecting human rights for victims of human trafficking in Indonesia involves various parties and requires a holistic approach. Despite significant efforts, protection limitations remain, including service, compensation and return costs. Further efforts are needed to address these challenges and ensure maximum protection for victims while continuing to evaluate and monitor for continuous improvement.
Analysis of the Ranau Community's Traditional Inheritance System from an Islamic View Anggriani, Jum
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4205

Abstract

Pelaksanaan pembagian warisan di Indonesia tidak hanya menggunakan satu aturan hukum saja, namun dapat menggunakan beberapa aturan. Masyarakat di Indonesia diberikan pilihan untuk memilih menggunakan hukum waris nasional, sesuai agama, atau pembagian adat. Penelitian ini menekankan pada pembagian warisan dalam ranah hukum adat dalam kaitannya dengan perspektif pembagian warisan dalam hukum Islam. Objek penelitian ini adalah masyarakat adat di Ranau, Kabupaten Ogan Komering Ulu Selatan, Provinsi Sumatera Selatan. Hukum waris adat Ranau terjadi karena perkawinan yang menggunakan hukum adat Semanda dan hukum adat Uangdua. Hukum adat Semanda adalah pihak mempelai laki-laki diambil oleh keluarga pihak perempuan, sedangkan hukum adat Mutudau adalah pihak mempelai perempuan diambil oleh pihak laki-laki. Akibat hukum dari kedua adat tersebut mengakibatkan hilangnya hak waris bagi calon pengantin yang melaksanakan adat semanda atau adat mutuduu. Berdasarkan latar belakang di atas maka permasalahan dalam penelitian ini adalah bagaimana sistem pembagian warisan pada masyarakat Ranau dan bagaimana pembagian warisan dalam adat Ranau dilihat dari sudut pandang hukum Islam. Untuk menjawab permasalahan tersebut, penelitian ini menggunakan metode deskriptif kualitatif yang menganalisis hukum adat Ranau berdasarkan penerapan hukum waris Islam. Hasil dari penelitian ini adalah pembagian harta warisan berdasarkan adat Ranau yaitu sistem adat Semanda dan sistem adat Mututdau sudah dilaksanakan sejak lama dan diwariskan secara turun temurun, padahal mayoritas orangnya beragama Islam. Kesimpulan kedua, penerapan hukum adat Semanda dan Mutudau dalam hukum waris bertentangan dengan hukum waris Islam.
The Meaning Of Filling The Position Of Regional Head Democratically Under The Provisions Of Article 18 Paragraph (4) Of The 1945 Constitution Maranjaya, Abdul Kahar
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4223

Abstract

The various laws governing local elections are; i).Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law. ii).Law of the Republic of Indonesia No. 8 of 2015 on amendments to Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law; iii). Constitutional Court Decision No. 100/PUU-XIII / 2015 related to the law of the Republic of Indonesia No. 8 of 2015 on amendments to Law No. 1 of 2015 on the determination of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law; iv). Law No. 10 of 2016 on the Second Amendment To Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law v). Law No. 6 of 2020 on the establishment of government regulations in lieu of Law No. 2 of 2020 on the Third Amendment to Law No. 1 of 2015 on the establishment of government regulations in lieu of Law No. 1 of 2014 on the election of governors, regents, and mayors into law into law. The research method used is normative legal research with a statute legal approach and a conceptual approach. the results of this study are Head Department filling model Regions experienced changes from time to time influenced by the political law of forming laws, regional privileges, and regional autonomy system adopted by the prevailing regime of government. Provisions on filling the position of Regional Head contained in Article 18 paragraph (4) of the law of the Republic of Indonesia in 1945, not should be interpreted by direct election by the people in each region, but can different, especially for special areas.
Comparison Of Polygamy Laws Between Indonesia, Egypt And Kenya Maswandi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4224

Abstract

Polygamy is a marriage in which one of the parties having or marrying someone of the opposite sex simultaneously. Experts distinguish the term for a man who have more than one wife with the term polygyny and for a women who have more than one husband use the term polyandry. Therefore, a marriage performed by a man who have more than one wife at the same time called polygyny is not polygamy. Polygamy in Indonesia is regulated in the Marriage Act 1974, KHI and Government Regulation No. 9 of 1975 on the implementation of the law Article 9/1975), for the country of kenya mentioned in Article 49 paragraph 3 of the Kenya Marriage Act of 2014 as well as the law EgyptArticle 11 of Bis law No. 25 of 1929 as amended by law No. 100 of 1985. The research method used is normative legal research with a statute legal approach and a conceptual approach. Results: Indonesia allows polygamy with the permission of the wife and the Religious Court as a form of legal order with maximum limit of four wives, in accordance with the rules contained in the act marriage law and KHI. The Marriage Act of Kenya allow polygamy with the provisions included in the marriage potentially polygamous or polygamous as well as only require voluntary between men and women who will marry without setting limits on the number maximum in polygamy while enurut law Egypt Article 11 Bis of Law No.25 of 1929 as amended by Law No.100 of 1985 husband he must inform his first wife in court of the want to do a second marriage
COMPARISON OF RAPE IN INDONESIAN POSITIVE LAW, ISLAMIC LAW AND SOUTH KOREAN LAW Sitompul, Mhd. Nasir; Iskandar Muda Sipayung; Aisyah; Rilawadi Sahputra; Dody Safnul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4225

Abstract

This paper initiated the study of Comparative Law in criminal rape. The crime of rape is a crime as a violation of human rights. Rape is a form of crime that causes loss and anxiety in the community, rape often occurs but is always difficult to prosecute because one of them is the reluctance of victims to report it, this is because there is still a culture of shame attached to the community. Each country has its own atauran in handling and tackling rape cases that occur in the country. In making a legal comparison, of course, what is interesting to compare is the comparison with other countries that adhere to the civil law legal system and other countries that adhere to the common law system. This study uses normative research methods with legislation and conceptual approach. There are similarities and differences in the criminal regulation of rape in positive law in Indonesia , Islamic law and statutory rape in South Korea. The similarities lie in: first, the arrangements regarding rape by force or threat of violence; Second, The Rape of minors. While the differences that can be compared are: 1) rape of disability; 2) the element of consent; 3) length of punishment; 4) the object of Rape; 5) Blood rape; and 6) rape in marriage (marital rape).
LAND CONFLICT BETWEEN COMPANIES AND THE COMMUNITY IN PARI ISLAND, THOUSAND ISLANDS Wibisono, Gunawan; Sunarno, Sunarno
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4229

Abstract

This research examines the land conflict that has arisen between a company and the residents of Pari Island in the Thousand Islands. The research addresses the following research questions:  1) What has been the prevailing model for resolving land conflicts between the company and the community of Pari Island in the Thousand Islands up to this point? 2) What is the ideal concept of land ownership and usage envisioned by both the company and the residents of the Thousand Islands? The research employs a sociolegal research methodology.  Research Outcomes: 1) The author's analysis suggests that the prevailing approach to resolving land conflicts between the company and the Pari Island community in the Thousand Islands has largely relied on government administration and political conflict resolution, namely "Government Administration and Political Conflict Resolution. This category of conflict resolution can guide one's thought process towards government administration and political solutions through legislative decisions." The resolution was achieved through conflict resolution efforts involving the local government in a non-litigious manner, specifically through mediation where the government acts as the mediator. Mediation has occurred on three occasions, two of which were held at the village level and one at the district level. 2) In the ideal concept that the author intends to propose for addressing the issue of conflict, one of the essential approaches that should be incorporated is the conflict resolution approach. The concept of conflict resolution prioritizes non-violent methods as the final recourse. The objective is to address conflicts in a constructive manner, with the ultimate goal of meeting the requirements and needs of all parties involved. Mediation, carried out by the parties involved in the land dispute on Pari Island, represents one form of conflict resolution. However, if mediation has not yielded success thus far, it becomes imperative to explore alternative conflict resolution models. Among these alternatives are negotiation and facilitation
Overcoming Deepfake Porn Crimes In Indonesia Andira, Sindi Ayu; Susila, M. Endriyo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4232

Abstract

The research aims to look at dealing with deepfake porn crimes in Indonesia. The method used in normative legal research with the data sources used is primary, secondary, and tertiary legal materials to support the research. Research results show that in Indonesia, there are no regulations that specifically and comprehensively regulate the misuse of AI in the form of deepfake porn. Based on the many types of crimes committed by deepfake porn perpetrators in the process of making deepfake porn videos, the legal provisions that can be applied to these crimes also vary. The rise of deepfake porn in Indonesia, which is spread on the internet, is causing harm to other people. Therefore, serious countermeasures are needed from various parties, including law enforcement officials who have made efforts to combat deepfake porn crimes on the internet. Countermeasures against deepfake porn crimes consist of implementing preventive efforts in the form of outreach to the public and taking firm action against perpetrators of crimes. deepfake porn invites the public to play an active role in reporting deepfake porn crimes, preventing the spread of deepfake porn videos on the internet, and implementing repressive efforts in the form of actions taken by law enforcement officials such as conducting inquiries, investigations, prosecutions and examinations in court.
The Impact of Implementing Restorative Justice on Children in Conflict with the Law in Street Crimes Sulidewi, Nuraisyah; Prasetyoningsih, Nanik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4253

Abstract

Cases of children in conflict with the Law, especially in criminal cases involving street crimes, still pose a threat to community members. The forms of threats and crimes include carrying sharp weapons to harm other people, mugging, beatings, beatings, and even stabbings carried out with a certain motive or without a motive (random). By the child protection law and the juvenile justice system in force in Indonesia, children caught in criminal acts will receive special treatment. Namely, efforts will be made so that children in conflict with the Law can be fairly restored to their original condition for both the victim and the perpetrator. Still, their nature is not retaliation, so efforts are made to resolve criminal cases outside of court or what is known as a restorative justice approach. This normative research uses the statutory, conceptual, and case approaches. The type of data used is secondary data sources obtained through literature study and document study, as well as from secondary and primary legal materials. The results of this research show that implementing a restorative justice approach in resolving criminal cases for children in conflict with the Law, it is hoped that will have a positive impact, namely developing children according to their age so that legal awareness will grow and they will not repeat similar crimes. Then, resolving criminal cases outside of court will prevent children from interacting with inmates in prison and prevent children from being labelled as criminals because children still have a long future.
Consumer Protection Against Distribution Of Dangerous Cosmetics Sold Online In Indonesia, Malaysia And The Philippines Andira, Ayu; Muhammad, Danang Wahyu
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4256

Abstract

There are still many dangerous ingredients in the circulation of cosmetics, such as various brands and substances containing dangerous ingredients. This action occurred in various Asian countries, including Indonesia, Malaysia, and the Philippines. Many countries have created regulations and provisions regarding Consumer Protection. Thus, this research first analyses how the laws of Indonesia, Malaysia, and the Philippines compare consumer protection with the online distribution of dangerous cosmetic materials. Second, what are the legal and regulatory efforts for consumer protection regarding the online distribution of dangerous cosmetic products in Indonesia, Malaysia and the Philippines? The research method uses normative juridical, which examines the comparison of consumer protection between Indonesia, Malaysia and the Philippines so that it can become a reference for everyone's behaviour. In reality, Indonesia adheres to a Civil Law system. In contrast, Malaysia adheres to a Common Law system. Still, interestingly, the Philippines applies a Civil Law and Common Law system. Efforts to protect consumers against cosmetic products with dangerous ingredients can implement the ASEAN Regional Guidelines on Competition Policy (Regional Guidelines). It can also adopt the ASEAN Cosmetic Directive (ACD) regulations.
Criminal Penalties For Corruption In Decision No. 46/Pid.Sus-Tpk/2022 / Pn In The Perspective Of Islamic Law Asliani, Asliani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4260

Abstract

The purpose of this research is to find out how the view Islam against corruption and the application of fines according to Islamic Criminal Law. Research methods used in this study are normative juridical research and can concluded: Corruption in Islam is acts of transgression. Islamic Law aims to create for the benefit of mankind with what is referred to as maqashidussy Shariah. Context perspective of Islamic teachings more broadly, the practice of corruption is actions contrary to the principle justice, accountability, and responsibility answer. Corruption and all its consequences the negative causes various distortions to the life of the country and people who can be categorized into in acts of corruption on Earth which is the Curse of Allah swt and  Regulation Of Islamic Criminal Law putting corruption in the category jarimah takzir, takzir is a sanction the law applied to a person who has a finger or thumb criminal offense violations relating to human rights God and Man, and these violations are not strictly defined form of sanction in the Quran and Hadith because it is not determined explicitly then to be a competent judge or local authorities. Legal sanctions takzir can be a fine which is one type of alternative punishment should be promoted as the most civilized form of punishment Islam was introduced fourteen centuries ago.

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