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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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Environment Law and Natural Sustainability resources: case of Pawon Cave Area Conservation Gunung Masigit Village, Cipatat District, West Bandung Hamzah, A Hadian Pratama
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.v21i2.2693

Abstract

This study aims to examine the sustainability of the conservation of the Pawon Cave area and the factors that influence it. Sustainable development includes ecology, the region's social and economic benefits, and mining potential. The method used is a mixture of qualitative and quantitative. Herein, the community access to the Pawon Cave area is gardening, taking firewood, and taking grass. Processing and minimization of soil erosion are well managed, including a terracing system. Plants and animals in the area are maintained with no logging or hunting. The site provides benefits such as water, rice, vegetables, and fruits, as well as fertilizer for agriculture. Moreover, factors that affect the sustainability of the conservation of the Pawon Cave area are policy support from the government and having adequate human resources to manage the place. The implementation of the policy has shown that it is appropriate to support conservation efforts such as prevention of mining, preservation of springs, and protection of plants and animals in the area. Several construction facilities have also been built to support tourism. The coaching and training program for the caretaker of the Pawon Cave area is an effort to keep the area manager's human resources professionals. The incentives given by the government to the Provincial Jupel are 500,000/month, and the Regency Jupel is 450,000/month.
The Recycle of Hotel X Lembang Domestic Liquid Waste : A Form of Fulfilling Environmental Legal Obligations Nurhasanah, Nurhasanah; Fathar, Imam Rozal; Hamzah, A. Hadian Pratama; Syawali, Husni
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.v21i2.2700

Abstract

In hotel activities, liquid waste is generated from bathrooms, toilets, laundry, and kitchen activities. From the hotel's activities, wastewater is classified as domestic liquid waste. Efforts to treat waste that are comprehensive and sustainable are continuously needed as part of the fulfillment of environmental legal obligations that have been regulated in PP NO.2 the YEAR 2021 concerning environmental management. The purpose of this research is to know how to protect water management, air management, and land management. Moreover, knowing the quality of the results of the domestic liquid waste recycling process at Hotel X Lembang using the Indonesian Government Regulation approach and the LHK Ministerial Regulation. This study used an empirical juridical approach through primary and secondary data and analyzed descriptively and qualitatively. Data collection techniques were carried out through laboratory test results of recycled water samples and literature studies. The wastewater quality test aims to determine the condition of the recycled water using ozone based on the established quality standards, namely by referring to PP RI No. 22/2021 Appendix VI class 4 according to its designation, and PerMen LHK RI No. P.68/2016 Appendix I Regarding Separate Domestic Wastewater Quality Standards. The parameter test results are by the quality standard according to the Regulation of the Minister of Environment and Forestry No. 68 of 2016, where H 6.96; TSS of 10 mg/l; ammonia 3.02 mg/l; oil/fat <0.94 mg/l; BOD5 19.8 mg/l; COD 63.8588 mg/l; total coliforms, 920 MPN/100 ml. Based on the results of research and discussion, it was concluded that the system for recycling domestic liquid waste at Hotel X Lembang using ozone met the appropriate quality standard ministerial Regulation of LHK RI No.P.68/2016 Attachment I and PP RI Number: 22/2021 Attachment VI, class 4 according to its designation. It is a manifestation of the fulfillment of environmental legal obligations.
Consumer Protection Against Standard Clauses in Business Transactions Through E-Commerce Prematura, Aditya Migi; Suryani, Suryani; Aditya, Agung
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.v21i2.2709

Abstract

Standard agreements or standard agreements aim to provide convenience or practicality for the parties in conducting transactions, especially in the business sector. Problems will arise when consumers in electronic business transactions face standard agreement formulas in which many standard clauses require consumers to agree. In practice, currently, no e-commerce platform does not use standard agreement formats and clauses in transactions with consumers. This form of the agreement positions the consumer as a party that has no bargaining power, so whatever the contents of the standard agreement are, inevitably must be agreed upon, even though basically the consumer knows that the contents of the agreement are burdensome to him. The problem under study is how is the legal protection of consumers involved in standard agreements with the exoneration clause in a business transaction through electronic media (e-commerce). The research method used is a normative legal research method with a statute approach, a conceptual approach, and the views of experts related to the problem. The results of the study show that standard contracts containing exoneration clauses have legal consequences for consumers, namely the responsibility that should be borne by business actors becomes the responsibility of consumers. The Consumer Protection Law requires business actors to immediately adjust the standard contracts used with the provisions of the law, but in practice, this is difficult to do.
Reconstruction of Law and Policy : Rights and Environment Problem in Northern East Java -Pekalongan Prayitno, Kuat Puji; Bawono, Icuk Rangga
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.v21i2.2710

Abstract

Many populations of society in Pekalongan live in this kind of areas and are vulnerable to the risks of coastal flooding, wetland loss, shoreline retreat and loss of infrastructure. Land subsidence is defined as the gradual vertical movement of the earth surface due to the subsurface movement of the earth materials.This research is prior to explain about the rights, environment law, law and reconstruction using  juridical normative methodology. In the end, this research describe how  important  to promote fundamental rights for coastal society in pekalongan. The approach method used the doctrinal legal research.Many populations of society in Pekalongan live in this kind of areas and are vulnerable to the risks of coastal flooding, wetland loss, shoreline retreat and loss of infrastructure. Land subsidence is defined as the gradual vertical movement of the earth surface due to the subsurface movement of the earth materials.This research is prior to explain about the rights, environment law, law and reconstruction using  juridical normative methodology. In the end, this research describe how  important  to promote fundamental rights for coastal society in pekalongan. The approach method used the doctrinal legal research.
THE LEGAL POSITION OF THE LAND BANK AND THE APPLICATION OF GOVERNMENT ASSETS IN TERMS OF THE POLITICS OF LAND LAW IN FORCE IN INDONESIA Prastiyans, Yogie; Salam, Abdul
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.v22i3.2715

Abstract

The Land Bank is an Indonesian legal entity (Sui Generis) established by the central government and given special authority to manage land. Land Banks are basically the same character as Conventional Banks. In Conventional Banks, this institution has an intermediation function as taking and distributing funds from the public. Meanwhile, in the Land Bank, the Central Government and local governments collect land for long-term, medium-term, and annual planning purposes. The problem in this research is how is the position of the Land Bank as the Holder of Land Management Rights in terms of the Politics of Land Law in force in Indonesia and what are the prospects for the utilization of Government assets against the Land Bank as stated in Government Regulation Number 64 of 2021 concerning the Land Bank Agency. This research uses normative juridical research methods through document studies to obtain secondary data. The results of this research explained that the position of the Land Bank in the management of state land assets in the future must be in line with the land politics contained in the constitution and Basic Agrarian Law which aims to realize social justice for all Indonesians. Utilization of Land Bank assets includes land utilization for operational purposes, capital development, and land utilization for distribution purposes, because in principle the land bank prioritizes the principle of non-profit in the development of prospects for the activities of the land bank so that it does not mean that it does not carry out profitable activities but that there is a certain portion for the development of the Land Bank organization.
Daluwarsa of Criminal Prosecution is Associated The Criminal Threats ifrani, ifrani; Mahfi, Mohammad Rezki Ramadhan; Topan, Muhammad; Yanova, Muhammad Hendri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2719

Abstract

The purpose of this study is to find out what is the rationale for the existence of a criminal prosecution and to examine future arrangements for a shorter Daluwarsa period than criminal penalties. This research is normative legal research by examining laws related to the legal issues under study and by moving from the views and doctrines that have developed in the science of law related to the problems in this research. According to the results of this study, it shows that: First, the rationale for the existence of a Daluwarsa on criminal prosecution which underlies the legislators to make a policy in this field is none other than legal certainty. This legal certainty is for the sake of creating legal order, namely legal order in the settlement of a criminal case that does not find a bright spot for a long time so that the case does not have a clear direction in its resolution. Second, the current criminal prosecution Daluwarsa policy in several of its provisions in determining Daluwarsa does not pay attention to factors that can support the functioning and operation of criminal law. In several provisions regarding the expiration date for criminal prosecution in several criminal offenses, the Daluwarsa date is shorter than the criminal penalty. The expiry period for criminal prosecution which is shorter than the criminal threat can result in motivating the perpetrators of criminal acts to run away/run away or disappear to avoid legal proceedings against avoiding criminal responsibility.
Dayak Ngaju Traditional Marriage, Central Kalimantan: Concept and Juridical Review Aditya, Agung; Wulandari, Cahya; Aryani, Fajar Dian
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2724

Abstract

This study aims to provide an explanation of the marriage system that exists in the Dayak Ngaju tribe, Central Kalimantan, and to explain that the Dayak Ngaju tribe has redundant customary institutions that have been recognized in the Regional Regulation of Central Kalimantan Province Number 16 of 2008 concerning Central Kalimantan Dayak Customary Institutions. Traditional marriages carried out by the community are used as a cultural characteristic of the Ngaju Dayak people, the existence of a Dayak Traditional Institution can strengthen traditional marriage because Dayak Traditional Institutions have rules and conditions that must be fulfilled by both men and women. If the rules or conditions are violated later will be obliged to pay a material fine. The purpose of holding a marriage agreement because it is to maintain the preservation of customs so that no divorce occurs. Because basically in all religions divorce is prohibited in a marriage, and the existence of a marriage agreement can be used as a guideline in a household so that they have the fear of not easily carrying out a divorce, because, in the marriage agreement, the parties must carry out the contents of the marriage agreement one way or another. parties must be able to pay the fine or singer
Green Economy Financing According to Fiqh Al-Biah as Part of Maqashid Sharia Yusuf, Mahmud; Azhari, Fathurrahman; Amruzi, Fahmi Al; Wahidi, Muhammad Maulidi Ihsan; Anafarhanah, Sri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2725

Abstract

Economic development in the 20th century had a huge impact on the sustainable development of mankind. On the other hand, however, it has a negative impact on living ecosystems. In many aspects such as the orientation of the interests of sustainable development, the economy and the environment are considered as two opposing aspects. Sustainable Development Based on this, a relatively new concept emerged, namely the green economy. The green economy is a concept that supports human well-being and cares about environmental and ecosystem sustainability in economic development. But on the negative side, economic development can also have an impact on the reduction of natural resources through over-exploitation, industrial pollution, oil, water, and air pollution due to flooding, and the impact on climate change. Islam has an ideal concept of sustainable development. At least there are fundamental rules for supporting sustainable development, namely the implementation of fiqh al-bi'ah based on maqashid sharia for the management of Islamic resources in the economy. Islam has an ideal concept of sustainable development. At least there are basic rules to support sustainable development, namely the application of fiqh al-bi'ah based on maqashid Sharia law to manage Islamic resources in the economy.
Zakat as a Deduction from Taxable Income (Effectiveness Study of Article 22 of Law on Zakat Management Number 23 of 2011 Banjarmasin City) Komarudin, Parman; Nurhayati, Yati; Yanova, Muhammad Hendri; Habibie, David Fuad; Anam, Khairul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2727

Abstract

This study aims to analyze Article 22 of Law on Zakat Management Number 23 of 2011, in which zakat paid to agencies/institutions authorized by the government can be deducted from taxable income in the city of Banjarmasin. The research method used is the sociology of law (socio-legal research) using an interdisciplinary approach between normative research aspects and a sociological approach that uses qualitative analysis. The result of the research is that in the practice of zakat as a deduction from taxable income, of course, zakat must be paid to an official body or institution that the government has approved. On this basis, the payment of zakat made by the taxpayer must be made to the agency or institution. Effectiveness of Article 22 of Law on Zakat Management Number 23 of 2011 concerning Zakat Management, there are several factors that do not affect and there are also several factors that do. There are 3 factors that do not affect the effectiveness of the regulation, namely the rule of law factor, the law enforcement factor, and the facility or facility factor. While the factors that affect the effectiveness of these regulations are community factors and cultural factors.
Aspect of Legal Protection on Buying Transactions of Thrift Shop Products Sharia Economic Law Perspective Huda, Rahmatul; Sya'bana, Miftah; Hani, Umi; Hadi, Abdul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.2728

Abstract

The process of human life, one of which affects the human lifestyle. This lifestyle can lead to consumptive behavior because of the desire to keep up with the times. Calculated from year to year, there has been an increase in the production of clothes or garments that have doubled from before. The buying and selling of used clothes have been around for a long time, but lately during the pandemic these activities are busy in the community. Currently, the term imported used clothing is more familiar with thrift clothing. This thrift activity has even penetrated social media and online shopping platforms. Whereas the prohibition of imported used clothes is contained in Law Number 7 of 2014 concerning Trade which has been explicitly stated in Article 47 by stating that "importers are obliged to import goods in new conditions". Another prohibition on the sale and purchase of imported used clothes (thrift) can also be found in Article 8 paragraph (2) of Law Number 8 of 1999 concerning Consumer Protection (UUPK). The purpose of this study is to determine aspects of legal protection in buying and selling transactions of thrift shop products and to determine the analysis of sharia economic law on aspects of legal protection in buying and selling transactions of thrift shop products. This type of research is normative legal research with a conceptual approach. The results of this study indicate that aspects of legal protection in the sale and purchase of thrift shop 

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