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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 1,653 Documents
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The Control Right of Palm Oil Natural Resource and Its Impact on Society and the Environment. Johanis Steny Franco Peilouw
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.v23i3.5227

Abstract

Natural resources play a very important role in the survival of mankind. The fact is that the availability of natural resources is not evenly distributed in all countries in the world and this cannot be denied. Oil palm plantations are one of the productive natural resources that is very promising in the market sphere, but in their management there are still many deviations from the values of Pancasila and their implications for the environment. purposes of the research is to determine the impact of oil palm plantations on the environment. This research uses an empirical legal research method, namely a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. The results of the research show that the regulation of control rights over natural resources in oil palm plantations is not based on the values of justice contained in Pancasila because there are no sanctions or supervision carried out on the Company so that in its implementation the Company does not carry out its responsibility to fulfill its obligations as it should. can improve the welfare of the people who entrust their country's land to be leased and used as oil palm plantations. The implications for society and the environment if it is not managed based on the values of justice are that the welfare of the community is not met which results in increased poverty and impacts on the environment where water pollution and drought occur due to oil palm planting.
JURISPRUDENCE AS A MANIFESTATION OF LEGAL FINDINGS BY JUDGES IN CIVIL CASES THAT EMBODIES PRINCIPLES OF JUSTICE AND CERTAINTY Diana Pujiningsih
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

Abstract

A legislative regulation as the basis of legal legality within the Rechtsstaat tradition has its own limitations. Legislation never fully and in detail regulates how legal rules should be applied in every legal event; therefore, jurisprudence serves to complement it. In addition to filling legal gaps, jurisprudence is a legal instrument aimed at upholding justice and legal certainty.This research seeks to answer the question of how jurisprudence exists as a result of legal findings by judges that ensures justice and legal certainty. Based on Article 24 of the 1945 Constitution, which is further elaborated in Article 1, point 1 of Law No. 48 of 2009 on Judicial Power, judges are granted the authority to interpret or reason legally. Moreover, when laws are incomplete or unclear, judges must engage in legal findings (rechtsvinding).In relation to this, referring to Article 24 of the 1945 Constitution, and further explained in Article 1, point 1 of Law No. 48 of 2009 on Judicial Power, judges are given the authority to interpret or reason legally. In addition, when the law is incomplete or unclear, judges are required to engage in legal findings (rechtsvinding). When the content of a legislative regulation is unclear, judges are obligated to interpret it in such a way that a truly fair decision can be reached, aligning with the intent of the law, which is to achieve legal certainty. 
Legal Protection Of Women Victim Online Gender-Based Violence (KBGO) Rengga Kusuma Putra; Dian Ratu Ayu Uswatun Khasanah; Dian Karisma; Maulana Fahmi Idris; Ronald Jolly Pongantung
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.v23i3.5250

Abstract

Violence today does not only occur in the real world, but with the development of internet technology, it opens up opportunities for perpetrators to commit acts of violence by utilizing the internet, known as online gender-based violence (GBV). KBGO is more vulnerable to women and children, which not only causes suffering for victims physically, psychologically and even economically. The rights of victims have been deprived and their interests have been harmed by the perpetrators, so victims really need legal protection so that their rights are restored and their interests can be protected. Legal protection for victims of violence is provided by considering the losses suffered by victims, namely in the form of material and immaterial losses. Legal protection for women victims of online gender-based violence (KBGO), not only imposes punishment on the perpetrators of violence in the form of imprisonment and/or fines, but also provides the rights of victims who have been deprived and whose interests have been harmed by the actions of the perpetrators. The punishment that can be imposed on the perpetrators of violence has been regulated in Law Number 12 of 2022, including in the provisions of Article 14 and Article 15, with imprisonment and/or fines, even restitution, imposition of additional punishment or measures in the form of rehabilitation for the perpetrators, as stipulated in Article 16 and Article 17 of Law Number 12 of 2022. For legal protection of the rights of victims of violence, among others, it is regulated in Article 66 to Article 70 of Law Number 12 of 2022, which includes the right to handling, the right to protection and the right to recovery.Keywords:KBGO, Legal Protection, Victims, Women
Accessibility Legal Aid In Realize Fair Teacher Protection Yenny Aman Serah; Rini Setiawati; Resmaya Agnesia Mutiara Sirait; Liza Marina; Agustinus Astono
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.v23i3.5256

Abstract

Rule law, in essence, has accommodated giving teacher protection; however, the reality of teacher criminalization still happen. This study aims for uncovering the challenge of fulfillment right accessibility help law as a form of fair teacher protection. The method used was socio-juridical with an approach qualitative, through tool-collecting data questionnaires, interviews, and discussions focused on teacher respondents, unit education, teacher organizations, and agencies that handle education and protection child. Research results showed that not yet a clear existence mechanism for giving protection law impacted teachers’ accessibility and help the law to the teacher yet running optimally. By substantive mechanism gift help law to the teacher, they yet accommodated. So that when occurring, problems between teachers and students were solved with various actions, of which 48.57% stated through deliberation; however, there was take action alone with each other dropping on social media. Even the teachers who experienced criminalization no get help law. In research, this uncovers required something institutional level idealized area as a Legal Service and Teacher Protection Unit (LSTPU) can be made receptacle fulfillment accessibility help law in realizing fair teacher protection. Researchers recommend that the formation of LSTPU institutions through policy Required Regional Regulations (RRG) conducted assessment continued
Reconstructing The Relationship Regional Representative Council of The Republic of Indonesia with Regional Government for The Optimization of Regional Autonomy Hanugra Ryantoni; John Pieris; Maruarar Siahaan; Agustin Teras Narang
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.v23i3.5257

Abstract

As a regional representative institution, the Regional Representative Council of The Republic of Indonesia (DPD) was born from the idea of changing the representative system into a two-chamber representative system and increasing regional participation in the course of politics and state management. The ideal concept of DPD, was initially to accommodate the principle of regional representation and regional empowerment. DPD as a regional representative in carrying out its duties and functions requires effective coordination with the Regional Government as the executor of executive power in the region. Empirically, the construction of the relationship between the DPD and the regional government is currently not optimal. One of the obligations of the DPD is to follow up on regional aspirations and interests is still carried out normatively and ineffectively. This is certainly not ideal as the construction of Article 18, Article 18A, Article 18B, Article 22D, and Article 23 of the UUD 1945 are interrelated. Where the presence of the DPD (in Article 22D) as a regional representative institution is necessary to maintain the existence of the region (Article 18, Article 18A, and Article 18B). Based on the research findings, it is important to recommend that central government along with the DPR and DPD need to consider special arrangements in the form of affirmation of decentralized authority and effective central-regional relations, especially to resolve regional problems. Meanwhile, there needs to be a reconstruction of the DPD's supervisory and budget functions that have a direct impact on the community and regions; optimization of existing functions, such as the monitoring and evaluation function of draft regional regulations and regional regulations, as well as the monitoring and review function of laws for the harmonization of central-regional laws; and there needs to be a pattern of support for the DPD to optimize its performance.
The Implication of Halal Tourism Regulations to Encourage Community Well-Being: Lesson From Malaysia Reza Octavia Kusumaningtyas; Rodiyah Rodiyah; Duhita Driyah Suprapti
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.v23i3.5280

Abstract

It is crucial to ascertain whether halal tourism regulation can stimulate economic growth and promote sustainable national development to achieve community well-being. This research aims to advance halal tourism regulation to encourage the community's well-being. This research employs a qualitative methodology to conduct sociological and legal research. The research’s findings show that the decentralization of halal tourism regulation is intended to enhance the community's well-being. Nevertheless, the central level has not engaged in any discussions regarding the legal framework governing halal tourism implementation. The number of tourist visits, destinations, and hotels can be increased by the implications of halal tourism regulation in the form of Regional Regulations, particularly in West Nusa Tenggara. However, this has not resulted in community well-being. In contrast, Malaysia maintains robust institutions and regulations. The regulation of halal tourism in Malaysia is crucial for enhancing community well-being, as it promotes economic growth, employment opportunities, and adherence to Islamic principles. Consequently, it is crucial to enhance the institutional framework in Indonesia to supervise the implementation of halal tourism, foster collaboration among stakeholders, and strengthen regulations surrounding halal tourism to encourage community well-being.
Settlement of Agricultural Land Mortgage Disputes with Agreements Under Hand in North Sumatra Province Imman Yusuf Sitinjak; Surya Perdana; Farid Wajdi
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.v23i3.5283

Abstract

This study aims to find out why it is necessary to resolve agricultural land mortgage disputes with agreements under hand in North Sumatra Province. The need for dispute resolution is a protection effort for the parties, namely in agricultural land mortgage disputes, when resolving problems and is also a solution to problems if they occur again like today in the future. The research method used is a qualitative research method, with a normative type of research. The research approach is a legislative approach, and a conceptual approach. The sources of research data based on secondary data are laws and regulations, book publications, research, journals and research supporting documents. Literature and documentation data collection tools. The need to resolve agricultural land mortgage disputes with an agreement under hand is due to the legal protection of the interests of the parties which must be prioritized to terminate the legal relationship between the parties in the underhand lien agreement that has been made.
Quo Vadis of the Constitutional Court in Resolving Disputes Over Regional Election Results After Constitutional Court Decision No. 85/PUU-XX/2022 Meri Yarni; Andi Najemi; Suhermi Suhermi; Adeb Davega Prasna; Khofifah Rizki Amanda
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.v23i3.5287

Abstract

The research aims to determine and analyze the Legal Politics of the Constitutional Court in deciding disputes over the results of regional election disputes in Indonesia. The authority of the Constitutional Court in resolving disputes over the results of Regional Election has yet to be regulated in the 1945 Constitution of the Republic of Indonesia. The authority of the Constitutional Court to decide disputes over the results of general election described in Article 24C paragraph (1) is different from regional election. This has been explained in the decision of the Constitutional Court Number 97/PU U-XI-2013, which states that the election and regional election regimes are different and the authority to decide disputes over election results is not the authority of the Constitutional Court but the authority of a particular judicial body. This research used normative juridical research methods, where library law was studied by examining library materials. Then, the collected materials are analyzed in a descriptive qualitative manner. The study results concluded that the Constitutional Court has the authority to permanently examine, decide, and resolve disputes over election results by the Constitutional Court Number 85 / PUU-XX / 2022 decision. There is no longer a distinction between the election regime and the election. With the decision of the Constitutional Court Number 85 / PUU-XX / 2022, the authority of the Constitutional Court becomes more precise and more substantial because of the binding legal certainty.
Non-Penal Efforts in Achieving Restorative Justice For The Prevention of Violent Crimes For Children Who Are in Conflict With The Law As Victims of Domestic Violence Uut Rahayuningsih
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.v23i3.5294

Abstract

Domestic violence often results in children being victims. Home is supposed to be the safest and most comfortable place for a person, but it is the opposite where children often get violence from the family. In the city of Samarindah, cases of domestic violence have increased every year, namely in 2020 there were 154 cases with a total of 161 victims with details of 65 men and 96 women, in 2021 there were 133 cases with a total of 146 victims with 35 men and 111 women, in 2022 there were 182 cases with a total of 188 victims with 63 men and 125 women,  And in 2023 there will be 189 cases with a total of 230 victims with details of 93 men and 137 women. The research that has been carried out is legal normative research that focuses on norms and also legal objects as the main data. The formulation in this study is what are the non-penal efforts in achieving restorative justice for the prevention of violent crimes for children facing the law as victims of domestic violence, factors that affect the occurrence of violent crimes against children, and how the implementation of non-penal efforts in achieving restorative justice for the prevention of violent crimes against children facing the law as victims of domestic violence.The results of this research are non-penal efforts in achieving restorative justice for the handling of violent crimes for children as victims of domestic violence in such as prioritizing restorative justice, factors that affect the occurrence of violence usually due to economic factors, and the implementation of this non-penal effort can be carried out preemptively and preventively.
Responsibility Of The Board Of Directors In Management Of State Assets In Capital Participation Of State-Owned Enterprises Based On Legal Certainty Muhammad Yusrizal; Surya Perdana; Muhammad Arifin
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.v23i3.5303

Abstract

Overlapping related to state finances also occurs in several judicial decisions, namely the decision of the Constitutional Court of the Republic of Indonesia No. 77/PUU-IX/2011 on the judicial review of Law No. 49 Prp of 1960 concerning the State Receivables Affairs Committee. The substance of the Judicial Review of this Law is to ask the Court to cancel the provisions of Article 4, Article 8, Article 10, and Article 12. In the ruling of the Constitutional Court, it is stated that the assets owned by BUMN are separate from state assets, so that the authority to manage assets, businesses, including the settlement of BUMN debts is subject to limited liability company law based on Law No. 40 of 2007 concerning Limited Liability Companies. The formulation of state financial losses is interpreted as the same as state losses. This can be seen in the provisions of Article 35 paragraph (1) and paragraph (4) of Law Number 17 of 2003 concerning State Finance; Article 1 number 22, and Articles 59 to 67 of Law Number 1 of 2004 concerning State Treasury; Article 20 paragraph (4), paragraph (5), and paragraph (6) of Law Number 30 of 2014 concerning Government Administration. These regulations regulate Treasury Claims (TP) and Compensation Claims (TGR) for non-treasurer state/regional finances. Based on Supreme Court Regulation Number 4 of 2015 concerning Guidelines for Proceedings in the Assessment of Elements of Abuse of Authority, the PTUN has the authority to assess before a criminal process. It is clear that the actions of BUMN directors that result in state financial losses can be subject to administrative and/or criminal sanctions

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