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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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Reconstruction Of The War Strategy Against Drugs (Analysis of Type Disguise through New Type Modification) Zulkarnain; Muhammad Ramadhan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.5720

Abstract

This research aims to discover how types of drugs are disguised through new types of modification and what strategies to overcome them. This research was carried out in 2 (two) provinces, Jakarta and North Sumatra. This research uses an empirical legal approach. Descriptive and evaluative qualitative data analysis techniques. Data collection techniques use interviews, focus group discussion (FGD), observation, and document study involving various parties: BNN, Health Service, Police, Pharmacists, and legal experts. The research results show that new physical active ingredients are already circulating in Indonesia, with the number of NPS circulating worldwide being 803 and 78 of them having entered Indonesia. 68 have been included in the attachment to the Law through Minister of Health Decree No. 20 of 2018, classified into eight groups. The rest cannot yet be detected, so their type has not been classified into any category. Furthermore, the reconstruction of the war strategy against new types of drugs (NPS) can be carried out in various ways, starting from rules/regulations, implementation of sanctions, the integrity of law enforcement, eradication, and prevention through the world of higher education, community involvement, and maximum activists, clusters and certification. Prisons for dealer abusers and victims, adequate budgets for law enforcement jobs, Special Rehabilitation Programs for NPS abusers, and creating a unique study institute that focuses on studying drug developments.
From Classroom to Ideological Space: The Formation of Radicalism in the Academic Environment Misrah; Nurcahaya; Ismail; Syahrial Arif Hutagalung
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.v23i3.5727

Abstract

Radicalism remains a significant concern in Indonesia, particularly inside the educational setting. This study seeks to comprehend the phenomena of radicalism among students, particularly among Islamic Religious Universities (PTKI). Data was acquired using a qualitative technique through interviews, observations, focus group discussions, and surveys at five PTKIs in Sumatra. Significant findings indicate that approximately 50% of students acknowledge the presence of radical ideology on their campuses, however their understanding of the term of radicalism varies. Women have been recognized for their roles in radical organizations, serving as both recruiters and logistical supporters. This study's result underscores the necessity for enhanced literacy on radicalism among students, as well as the imperative to elevate understanding of women's participation in radical movements, which necessitates academic and legislative measures to disrupt the cycle of radicalism..
The Role of Parents in Reducing Online Gaming Addiction Among Students of SMP Negeri 11 Medan Afriadi Amin; Abdul Karim Batubara; Budiman Budiman; Purba Eka Damayanti; Hanny Chairany Suyono
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.v23i3.5728

Abstract

The research is entitled The Role of Parents in Reducing Online Game Addiction in Students of SMP Negeri 11 Medan. The formulation of the problem in this study is how the role of parents in reducing online game addiction, how the impact of online game addiction and what are the factors that become obstacles for parents in reducing online game addiction in students of SMP Negeri 11 Medan. The research aims to find out the role of parents in reducing online game addiction, knowing the impact of addiction and knowing the factors that become obstacles for parents in reducing online game addiction in students of SMP Negeri 11 Medan. This research uses a descriptive method with a qualitative approach where this research uses Miles and Huberman data analysis techniques. The results of this study indicate that the role of parents is very important for the growth of children, therefore parents must do several things so that children are not addicted to gadgets and online games including: by mentoring, supervision and open communication. Efforts to avoid the use of gadgets and online games in it are by the way each parent must take several actions or preventive measures to minimize the use of cell phones in children, by limiting time, making commitments from the beginning with children so that in children there will be a sense of responsibility and think they have a promise with their parents that they should not break. It can be concluded that the factors that influence online gaming are the frequency of playing online games, the time of playing online games, and the games or games that are favored.
Sharia Peer-To-Peer Lending Business Model: Improving Sustainable Msme’s Financing in Indonesia Afrizal; Muhammad Yafiz; Marliyah
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.v23i3.5733

Abstract

Indonesia is a Muslim-majority country with a large market potential and a Muslim population of 85 percent. However, the number of Sharia fintech companies is still far behind compared to conventional fintech. The government in Indonesia is focusing on the halal economic and financial industry, and the Sharia P2P lending business model is being explored to increase the sustainable growth of MSME financing in the country. This research, qualitative and quantitative, uses the Analytic Network Process (ANP) method to transform primary data from in-depth interviews with experts and practitioners. According to the findings, a Sharia P2P lending business model based on the fintech ecosystem can increase long-term MSME financing by combining regulatory factors, community-based financing products, and the major ecosystem network. A business model that complies with Sharia principles and considers the needs of MSMEs is crucial for ensuring sustainability in financing. It entails developing mechanisms that increase access to MSMEs while adhering to Sharia principles, such as sustainable community-based financing products and Sharia-compliant risk adjustments.
Effectiveness of Correctional Institution (BAPAS) Guidance Towards The Fulfillment Of Children's Rights as Murder Perpetrators (Decision Number 19/Pid.Sus-Anak/2022/Pn Dps) AAA Ngurah Tini Rusmini Gorda; Dewi Novita Lestari; I Gede Agus Kurniawan
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.v23i3.5750

Abstract

Children need special attention and protection to support optimal physical, mental, and social growth and development. In the legal context, handling children involved in criminal acts, including murder, requires a different approach from adult perpetrators. Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) regulates special treatment for children in conflict with the law, with the Correctional Center (Bapas) as a strategic institution in protecting children's rights. This study aims to analyze the effectiveness of the Bapas' role in assisting children who have committed the crime of murder, especially in the case of Decision Number 19/Pid.Sus-Anak/2022/PN Dps. The research method used is an empirical design through interviews with judges at the Denpasar District Court, Bapas Class I Denpasar officers, and informants at the Karangasem Class II Juvenile Correctional Institution. The results of the study indicate that Bapas plays a strategic role in providing legal assistance, community research (litmas), and mediation that prioritizes restorative justice-based resolution. This role aims to ensure that children's rights are protected and children are treated fairly without discrimination, in accordance with Article 1 Paragraph (8), Article 3, and Article 64 of the SPPA Law. The effectiveness of assistance is determined by the professionalism of officers, policy support, and synergy with families and communities. This study emphasizes the importance of an approach based on the principle of the best interests of children in ensuring the fulfillment of children's rights during the legal process, while supporting their rehabilitation and social reintegration.
POLITICS OF BUSINESS LICENSING IN INDONESIA: Involvement of Community Consent in Building Approval Nunik Nurhayati; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono
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.v23i3.3912

Abstract

This article aims to discuss the urgency of community consent and involvement in development in the era of the Job Creation Law in Indonesia. Whereas, The Job Creation Law is designed to reduce the complexity and time needed to obtain permits with the aim of ease of doing business. The impact of this policy is to eliminate community consent in building approvals as one of the basic requirements for business licensing. This research uses normative legal research methods with a statutory approach. The data analysis technique uses descriptive analysis by describing general things to specific ones by describing current business licensing policies in Indonesia to provide general ease of doing business. The results of the discussion showed that community involvement in the building approval process is an important aspect that needs to be considered in the context of the Job Creation Law in Indonesia. Community involvement can be in the form of a public consultation process, where the building owners must obtain approval or at least discuss development plans with the surrounding community to ensure that the project does not harm the interests and lives of the local communities. Looking at the process of forming and amending the Job Creation Law, where there are many community rejections and low levels of participation, it can be seen that the legal politics of the Job Creation Law belongs to an authoritarian political configuration whose legal product character is conservative. This includes the substance of the regulation, which eliminates the requirement for community consent in managing Building Approval.Keywords:Law, Job Creation, Business License, Politics
A LEGAL RELATIONSHIP OF PERMITS FOR CREW PLACEMENT IN THE CASE OF HUMAN TRAFFICKING Werdhi Sutisari; Musa Darwin Pane
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.v23i3.5587

Abstract

Traficcking di Indonesia sudah diatur di dalam Undang-undang Nomor 21 Tahun 2007 tentang Pemberantasan Tindak Pidana Perdagangan Orang. Interpretasi terhadap TPPO harus memenuhi unsur proses, yakni melakukan perekrutan, pengangkutan, penampungan, pengiriman, pemindahan ataupun penerimaan seseorang. Selain unsur proses, maka dia juga harus memenuhi unsur cara yakni dengan ancaman kekerasan, penggunaan kekerasan, penculikan, penyekapan, pemalsuan, penipuan, penyalahgunaan kekuasaan atau posisi rentan, penjeratan hutang atau memberi bayaran atau manfaat. Kemudian harus memenuhi juga unsur tujuan yakni eksploitasi Penelitian ini menggunakan penelitian hukum normatif dengan pendekatan koseptual, yang mana pendekatan penelitian beranjak dari pandangan-pandangan dan doktrin-doktrin yang berkembang di dalam ilmu hukum. Pemahaman akan pandangan-pandangan dan doktrin-doktrin tersebut merupakan sandaran bagi peneliti dalam membangun suatu argumentasi hukum dalam memecahkan isu yang dihadapi. Penelitian ini juga menggunakan pendekatan perundang-undangan (statute approach), yakni Pendekatan yang dilakukan dengan menelaah semua undang-undang dan regulasi yang bersangkut paut dengan isu hukum yang sedang ditangani. Kemudian penelitian ini apabila dilihat dari sifatnya, maka termasuk ke dalam penelitian deskriptif. Hasil penelitian ini adalah bahwa dalam mendirikan suatu badan usaha yang bergelut pada bidang keagenan ABK/pelaut, harus mendapatkan izin usaha dari Kementrian Hukum dan Hak Azasi Manusia, namun juga harus mendapatkan yaitu badan usaha tersebut harus memiliki surat izin usaha perekrutan dan penempatan awak kapal (SIUPPAK) yang dikeluarkan oleh Menteri. Ketiadaan SIUPPAK dalam badan usaha tersebut, tidak serta merta menjadikan suatu badan usaha yang tidak memiliki izin kemudian di dakwa dengan dugaan percobaan melakukan TPPO. Kata Kunci : Tindak Pidana Perdagangan Orang, Eksploitasi, Pelanggaran Administrasi Negara
Asset Forfeiture Bill as a Challenge to Non-Conviction Based Asset Forfeiture M. Rizal Bagaskoro; Irda Nur Khumaeroh; Agus Prasetia Wiranto
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

Asset confiscation without criminal punishment in civil forfeiture recognizes the principle of Non Conviction Based Asset Forfeiture (NCBAF) which is a civil law instrument to confiscate assets/proceeds without going through criminal prosecution. The purpose of this writing is to design the mechanism and challenges of implementing NCBAF in the Asset Confiscation Bill. The research method used is normative juridical which emphasizes document studies or library research. The design of the PAS Bill mechanism in highlighting the traces of suspected assets is divided into several stages of practice that have been included in its content, namely starting from the tracing stage, blocking and confiscation, filing and submitting an application for asset confiscation, summons, examination in court, and asset management. The challenges of implementing NCBAF in the PAS Bill are the long process, the type which is an additional optional criminal offense, and the existence of a paradigm that pits NCBAF against the principle of the presumption of innocence so that they argue that NCBAF is contrary to Human Rights.
Teknik Penanganan Masalah Penyidikan Kepolisian pada Satuan Reserse Kriminal Kepolisian Resor Kota Bulungan Kalimantan Utara (Studi Kasus Pembunuhan Korban Lansia di Panti Sosial Tresna Wherda) Brian Daven Kyher Gultom; Joko Widarto; Markoni; Nardiman
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

Abstract

This study aims to analyze the problems faced by the Criminal Investigation Unit of the Bulungan Police Resort in North Kalimantan in handling murder cases involving elderly people in social care facilities. This study also aims to propose solutions and techniques to deal with these investigative problems. This study discusses the challenges faced by the Bulungan City Police Resort criminal investigation unit in handling murder cases involving elderly victims. This emphasizes the importance of quality training for investigators to effectively address the complexity of such cases. Data collection methods included document analysis and interviews. The data analysis method used is qualitative descriptive analysis. This study highlights the challenges faced by the criminal investigation unit in handling murder cases involving elderly victims at the Bulungan City Police Resort. This research identifies difficulties in the management and use of evidence in criminal investigations, including challenges in collecting and examining evidence at crime scenes. This study emphasizes the need for quality training for researchers to effectively address the complexity of such cases. The research analysis concluded that the investigation of violence against the elderly at the Tresna Wherda Social Home faces challenges such as limited evidence, complex cases, and possible mental disorders of the perpetrators. Handling violence against the elderly requires a holistic approach involving the police, health institutions, social workers, and the community as a whole
OVERVIEW OF WOMEN'S LEGAL ANALYSIS AS A CRIMINAL ACT OF DRUG CIRCULATION IN MEDAN CITY Sonya Airini Batubara
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.v23i3.5756

Abstract

Medan as the third largest city in Indonesia, which is where the spread of narcotics illicit trafficking cases often occurs, making the city of Medan the largest recipient of narcotics illicit trafficking cases in Indonesia, this causes women to be involved in narcotics illicit trafficking crimes which have violated the noma and decency from women. The law enforcement officers, in this case the National Narcotics Agency of North Sumatra Province, are active in carrying out their duties and authorities in eradicating and preventing women in North Sumatra, especially in the city of Medan. The results of this study use the nature of quantitative research and normative juridical methods and are strengthened from empirical juridical, which examines scientific material, legislation, and conducting research or mini-research at the Medan Women's Class II A Prison and the BNNP SUMUT. The results showed that the number of cases of illicit narcotics trafficking that arose among women in the city of Medan was caused by economic factors and local environmental factors. Of the many cases of illicit drug trafficking among women, the BNNP SUMUT has implemented several policies through repressive and preventive efforts and carried out the P4GN program. Until now cases of illicit drug trafficking carried out by women are still common, this is due to the lack of awareness of the role of the community in the city of Medan. Of the many cases of illicit drug trafficking among women, the BNNP SUMUT has implemented several policies through repressive and preventive efforts and carried out the P4GN program. Until now cases of illicit narcotics trafficking carried out by women are still common, this is due to the lack of awareness of the role of the community in the city of Medan. Of the many cases of illicit drug trafficking among women, the BNNP SUMUT has implemented several policies through repressive and preventive efforts and carried out the P4GN program. Until now cases of illicit narcotics trafficking carried out by women are still common, this is due to the lack of awareness of the role of the community in the city of Medan.

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