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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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PROCEDURE FOR TERMINATION OF EMPLOYMENT RELATIONS IN THE PANCASILA INDUSTRIAL RELATIONS CONCEPT Minggu Saragih; Adi Mansar; Ida Hanifah
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.v23i3.5315

Abstract

In the Pancasila Industrial Relations concept, the rights and responsibilities of employers and workers in a work relationship are balanced. This balance is achieved not based on considerations of strength (overall influence), but based on feelings of justice and honor. In addition, Pancasila Industrial Relations believes that company results achieved through cooperation between workers and entrepreneurs must be enjoyed equally by taking into account the sacrifices made by each individual. When a work stoppage occurs, this method is also assisted through a component that is a marker of Pancasila standards in legal guidelines through Law Number 2 of 2004 concerning Settlement of Industrial Relations Problems. This research employed normative juridical research methods Referring to Government Regulation Number 35 of 2021 concerning Specific Time Work Agreements, Outsourcing, Working Time and Rest Time and Termination of Employment Relations, if there is termination of employment in accordance with the reasons for Termination of Employment, then the formulation of the amount of rights that the worker has at the time of termination of employment work adjusted to the reason for termination of employment. As the government's response to the difficulties and dynamics of competency and productivity-based employment relationships, this regulation was promulgated to provide guidelines for ending employment relationships because it is very necessary in efforts to protect rights and government assistance in fulfilling the welfare of workers/employees both during work, especially after the end of work friendships
Constitutional Rights of Children from Unregistered Marriages: A Juridical Analysis of Islamic Family Law and Residency Administration Law in Indonesia in Maqashid Sharia Perspective Andrizal Andrizal; Imron Rosidi; Aslati Aslati
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.v23i3.5321

Abstract

this article aims to compare the legal standing of unregistered marriages children from different legal system, Islamic marriage law and residency law in Indonesia. Due the Act no. 1 /1974 and Islamic Law Compilation no. 1/1991 every unregistered marriages children can obtain legal status by pursuing a marriage decree (isbat nikah) or through the jurisprudence of a Constitutional Court Decision otherwise he does not have legal protection by the state because his parents’ marriage is not recognized and he cannot obtain birth certificates for children and other civil relations. On the contrary according to Regulation Of The Minister Of Internal Affairs Of The Republic Of Indonesia Number 9 Of 2016 About Accelerate Increasing Coverage Of Birth Certificate Ownership he can acquire the birth certificate by the letter of absolute liability (SPTJM)provided by the parents. From the maqashid sharia perspective this contradiction impact the legal standig of unregistered marriage children. This research is literary research with a comparative study with qualitative approach. In accordance with maqashid sharia every child must equal legal standing as resident without any discriminatory position since it is included in the area of basic necessity (mashlahat dharuriyat) as the origin of all rights relating to legal subjects
Company Responsibility for Workers' National Health Insurance Rights Due to Termination of Employment Anggi Yudistia Wulandari; A.A.A Ngurah Sri Rahayu Gorda; I Gede Agus Kurniawan; A.A.A Ngurah Tini Rusmini Gorda
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.v23i3.5324

Abstract

Labor law requires companies to provide health insurance to their workers as part of workers' rights protected by law. The company's responsibility for health insurance for workers affected by layoffs is an important issue in terms of workforce protection. In practice, there are still many companies that do not fully understand and implement these obligations, resulting in uncertainty regarding health protection for workers. In the event of job termination, many workers lose access to health insurance, leaving them vulnerable to health risks without protection because health insurance often stops at the same time the employment relationship ends. This research aims to analyze the legal obligations for companies to register their workers as health insurance participants, and identify the legal consequences for companies that do not fulfill their obligations regarding workers' health insurance rights after termination of employment.
RATIONALITY TEST OF THE APPLICATION OF CRIMINAL LAW ON RESTITUTION FOR VICTIM PROTECTION IN THE CRIMINAL JUSTICE SYSTEM Safik - Faozi; Eva - Arief
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.v23i3.5328

Abstract

The purpose of this study is to explain the rationality test of restitution imposition for victim protection in the criminal justice system. The ongoing criminal justice system shows a shift in perspective from being offender-oriented to a criminal justice system that also pays attention to aspects of victim protection. Various court decisions show the fulfillment of victim rights through the imposition of restitution, but there are also court decisions that do not impose restitution, so that the criminal justice system still applies victim protection that is abstracted into community protection. This fact is interesting to study from the approach of criminal law policy that is required to be rational. Based on a literature review of the rationality of criminal sanction policies, and the development of a criminal justice model that is accommodative for victim protection, and the juridical-normative method with the specification of inconreto legal research, there are variations in the imposition of restitution, namely being subject to restitution and not being subject to restitution in the ongoing criminal justice system. The rationality test of restitution is based on the realization of the objectives of protection and recovery of victims of sexual violence. The rationality test explains that restitution as a tool/means of realizing the criminal objective of restoring balance that concretely improves the suffering and losses experienced by victims of sexual violence, improves the perpetrator, and resolves the conflict between the perpetrator and the victim. The criminal justice system that applies restitution to victims of sexual violence opens itself up to allow victims to obtain restitution. The procedural criminal justice system provides a means for victims of sexual violence to obtain restitution as a right. The Law on Protection of Witnesses and Victims and the Law on Sexual Violence Crimes, and the Declaration of Basic Principles of Victim of Crime and Abuse of Power have determined restitution to victims of sexual violence both in the trial process and after a court decision after it has permanent legal force.
EFFORTS TO OVERCOME ILLEGAL FISHING PRACTICES AS A FORM OF CRIMINAL ACTION IN THE ECONOMIC FIELD Eva - Arief; Siti Mariyam
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.v23i3.5329

Abstract

Indonesia is an archipelago with a larger water area than land, which produces abundant marine wealth which is a strategic potential for national economic development. Geo-politically, Indonesia has a very strategic role because it is located between the Asian continent and the Australian continent, as well as the Pacific and Indian oceans, placing Indonesia as the world's maritime axis in the context of global trade connecting the Asia-Pacific region with Australia. Indonesia is often faced with various security issues and violations of the law in Indonesia's marine territory, including illegal fishing, which causes significant losses. Illegal fishing is a form of illegal action that can have an impact on the country's economy. Therefore, illegal fishing can be qualified as an economic crime. Illegal fishing can be classified as property crimes because its existence clearly threatens the safety of the State's property or wealth. Thus, the qualification as an economic crime is more on the basis of consideration of the consequences/loss caused to the state economy.
Freedom of Speech and Religious Expression on Social Media Reviewed from the Perspective of Ethics and Islamic Law Ichwansyah Tampubolon; Kholidah Kholidah
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.v23i3.5333

Abstract

This article aims to describe freedom of speech and religious expression on social media from the perspective of Islamic ethics and law with a normative and descriptive approach. This study is in the form of a literature review using social media accounts, such as Facebook, Youtube, websites, and other references/lliterature as data sources. Theoretically, the state guarantees freedom of speech and religious expression for everyone on social media. However, freedom of speech and expression on social media must still take into account Islamic ethical values and obey the principles of applicable legal provisions. Preachers on social media continue to maintain and respect the right to freedom, both from speech/expression, words chosen, methods, attitudes, and behavior of delivery. This is intended so that the rights of others, freedom, and sanctity of religious symbols are not disturbed so that the welfare of the people in religious life is maintained.
LEGAL REVIEW OF ALLUVIAL LAND CONFLICTS FROM SEAWATER SEDIMENTATION IN WERU VILLAGE, LAMONGAN REGENCY Keri Pranata; Arif Zainudin; Yenny Eta Widyanti; Herlindah; Dhiana Puspitawati
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.v23i3.5339

Abstract

This research is intended to examine the alluvial land conflicts in Weru Village, Paciran District, Lamongan Regency from a legal perspective. The emergence of the Alluvial Land has given birth to disputes between the community and the Village Government. So far, the community has used the Alluvial Land to meet their needs as fishermen. Meanwhile, the village government claims that the land is an asset.  On the other hand, the village government wants to build a breakwater. To support the funding, the village government engages the community by buying and selling on behalf of donations to the Alluvial Land. So that this alliance exists, the community feels disadvantaged because of the unclear alliance. This study uses a normative juridical method strengthened with field data to analyse this case. Based on the legal review of this case, First, the Alluvial Land is state land, which, since the emergence of management, has become the responsibility of the state. However, the community or other legal entities can own such property rights based on the terms and conditions of laws and regulations. Second, the engagement carried out by the Village Government with some communities is considered null and void because one of the elements of the agreement is not fulfilled.
The Existence of the Death Penalty Sanction for Narcotics Criminal Acts Following the Enactment of Law Number 1 of 2023 on the Criminal Code Surya Oktarina
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.v23i3.5388

Abstract

The enactment of Law Number 35 of 2009 on Narcotics introduced provisions imposing the death penalty for certain offences, while Law Number 1 of 2023 on the Criminal Code (KUHP) also regulates narcotics-related crimes under Articles 609, 610, and 611, with Article 610(2)(a) and (b) specifying the death penalty. This creates a conflict between the Narcotics Law, as a lex specialis, and the new Criminal Code, raising questions about the continued application of the death penalty for narcotics cases. Using a sociological and juridical-empirical approach, this research analyses the issue through the legal responsibility theory (grand theory), penal objectives theory (middle range theory), and applied theories of legal effectiveness, legal certainty, and criminal law politics. The findings reveal that the death penalty remains part of Indonesia's narcotics eradication strategy, aimed at deterrence, despite human rights concerns. Under Article 100 of the new Criminal Code, the death penalty is now an alternative sanction with a 10-year probation period, during which good behaviour may lead to commutation to life imprisonment by presidential decree. However, ambiguities exist regarding the authority to assess behaviour and the probation period’s alignment with criminal justice objectives, especially as narcotics trafficking remains a severe issue. The study concludes that the death penalty still exists but recommends harmonising the Narcotics Law and the Criminal Code to ensure legal certainty in its implementation.
Restorative Justice and State Responsibility for the Return of Rights of Victims Due to Fraud in Indonesia Amriyanto Amriyanto; Tri Syafari
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.v23i2.5398

Abstract

The rise of fraudulent practices that end up in criminal acts and cause material losses to victims, for example the First Travel and Abu Tours cases in Indonesia, which have captured massive public attention, has shifted the orientation of punishment in criminal law, especially in property crimes from Lex Talionis towards Restitutio ad Integrum which emphasises restoration to the original state. This paper will analyse how the responsibility of the state and how the restorative justice approach in addressing the problem of fraud in Indonesia. The research method uses a normative legal research model with secondary data as analytical material. The results show that restitution and compensation instruments are an option in restoring victims of property crime. Restitution is the responsibility of the perpetrator to restore the victim, while compensation is the responsibility of the state as part of the state's role in realising the welfare of the people. Restorative justice as a means of resolving property crimes, especially fraud, offers an alternative that is oriented towards effective legal remedies to provide adequate legal protection for victims, although in practice there are still some fundamental changes.
Exploring Class Struggles in Marine Conservation: The Live Reef Fish Trade in Natuna and the Anambas Islands Indonesia Siti Arieta
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.v23i3.5415

Abstract

This study discusses the important context related to class struggle in the context of Live Reef Fish Food Trade (LRFFT) in Natuna Regency and Anambas Islands. This area, known as a supplier of live reef fish, faces a dilemma between marine conservation policies and local economic sustainability. With the global backdrop of marine conservation targets, such as the '30 × 30' set by UNEP-WCMC in 2021, it is important to understand the dynamics of class struggle in achieving these goals. Although marine conservation is considered a solution to overcome overfishing and reduce endangered species, resistance from local communities indicates the complexity of implementing conservation policies. This study aims to fill the gap in knowledge related to the dimensions of class struggle in the context of marine conservation, focusing on LRFFT in Natuna and Anambas. Through a sociological theoretical framework, this study seeks to understand the dialectical relationship between agents (local communities and fishermen groups) and structures (conservation policies) and their impacts on the success or failure of policies. By detailing the geographical context, existing conservation policies, and challenges faced by local communities, this study hopes to provide further insights to help design more inclusive and sustainable marine conservation policies in the future. 

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