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PENA LAW: International Journal of Law
Published by Yayasan Pusat Cendekiawan Intelektual Nusantara
ISSN : -     EISSN : 29623405     DOI : https://doi.org/10.56107/penalaw
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
PENA LAW: International Journal of Law publishes original research papers at the forefront of law. Topics that are published and emphasized in this journal include: International law, constitutional and administrative law, criminal law, contract law, tort law, property law, civil law, general and equality law, religious law, political law, legal history , Information Law, Labor Law, Criminology, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 1 No. 1 (2022): MAY" : 5 Documents clear
LAND LAW IN THE COMMUNAL RIGHTS OF THE COMMUNITY Hamler Hamler; Leonard C. Opara
PENA LAW: International Journal of Law Vol. 1 No. 1 (2022): MAY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (170.097 KB) | DOI: 10.56107/penalaw.v1i1.6

Abstract

Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.
CRIMINATION OF CRIMINAL ACTS OF KHAMAR AND DRUGS IN ISLAMIC CRIMINAL LAW COMPARED TO INDONESIAN POSITIVE CRIMINAL LAW Hulaimi Hulaimi; Lewiaro Laia; Khairul Azwar Anas
PENA LAW: International Journal of Law Vol. 1 No. 1 (2022): MAY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (168.148 KB) | DOI: 10.56107/penalaw.v1i1.7

Abstract

Narcotics and dangerous drugs may be as old as humans. Increasingly, drug users are increasingly widespread in various parts of the world, including Indonesia. The types of drugs are getting more and more sophisticated. In this latest century, it seems that no country is free from the problem of drugs. The term drugs in the context of Islamic law, is not mentioned directly in the Qur'an or in the Sunnah. In the Koran only mentions the term khamr. The purpose of this study is to analyze the comparison of punishment for perpetrators of the crime of alcohol and drugs in Islamic criminal law compared to positive Indonesian criminal law with normative legal research methods. The criminal difference for the perpetrators of the crime of khamr in Islamic criminal law compared to positive Indonesian criminal law is that in Islamic law, the punishment imposed is only in the form of caning, while in positive Indonesian criminal law, the sentence imposed can be in the form of imprisonment or a related fine. with liquor which is classified as a "crime" and imprisonment or a fine related to liquor which is classified as an "offence". Sanctions for perpetrators of drug abuse in the perspective of Islamic criminal law, have similarities with the legal sanctions for criminal acts of drug abuse in the perspective of the criminal law of the Republic of Indonesia, namely both are the authority of the government/judges to determine the punishment.
THE INDONESIAN CRIMINAL CODE: UNREGULATED ADULTERY (AN OVERVIEW OF ISLAMIC CRIMINAL LAW) Irfan Ardiansyah; Duwi Handoko; Beni Sukri
PENA LAW: International Journal of Law Vol. 1 No. 1 (2022): MAY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (248.111 KB) | DOI: 10.56107/penalaw.v1i1.8

Abstract

God created sexual intimacy to be enjoyed only in marriage. God has determined that Adam's children tend to commit adultery. This desire is inevitable, namely to commit adultery in the form of vision, adultery of the mouth in the form of narrative, adultery feelings through ideals and the desire to get it. However, it is the genitals who determine in adultery or not. The Indonesian Criminal Code does not view all non-marital sex relations as adultery. According to the Indonesian Criminal Code, adultery can only occur if sexual relations outside of marriage are carried out by people who are married. In addition, adultery in Indonesia cannot be threatened with punishment if there are no complaints from the victim who feel insulted or harmed, namely the husband or wife of the perpetrator.
PERSPECTIVES ON ISLAMIC CRIMINAL LAW AND POSITIVE INDONESIAN CRIMINAL LAW AGAINST CHILDREN WHO COMMIT CRIMES Rahmad Alamsyah; Aneesh V. Pillai
PENA LAW: International Journal of Law Vol. 1 No. 1 (2022): MAY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (178.287 KB) | DOI: 10.56107/penalaw.v1i1.9

Abstract

The factors that cause children to commit delinquency consist of two kinds, namely intrinsic and extrinsic motivation. Intrinsic motivation is encouragement or desire in someone who does not need to be accompanied by stimulants from the outside. Extrinsic motivation is an impulse that comes from outside a person. The punishment for the crime of minors from the perspective of Islamic criminal law and positive criminal law is as follows: Based on Law Number 11 of 2012 concerning the Child Criminal Justice System, which came into force in 2014, it is known that "Children who are not yet 14 (fourteen) years can only be subject to action ". Based on this, the age limit for children who can be convicted or can be punished if interpreted, is almost in accordance with the concept of balig or adult concept in Islamic law, which is only fifteen years old; semen out; dreams of intercourse; start menstruating for women.
PROBLEMS OF FULFILLMENT OF THE RIGHT TO EXPECT OPINIONS AND VIOLATIONS OF THE RIGHT TO HEALTH IN INDONESIA Tat Marlina; Duwi Handoko; Riadi Asra Rahmad
PENA LAW: International Journal of Law Vol. 1 No. 1 (2022): MAY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (158.855 KB) | DOI: 10.56107/penalaw.v1i1.10

Abstract

The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.

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