Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)最新文献

{"title":"The Urgency of Pouring Out Rule of Law Principles to Realize Equitable Integration in Protecting Indigenous Peoples, Food Security, and Sustainable Development","authors":"Mutia Evi Kristhy","doi":"10.31941/pj.v22i1.2482","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2482","url":null,"abstract":"This study aims to find out the urgency of incorporating rule of law principles to realize equitable integration in protecting indigenous and tribal peoples, food security, and sustainable development. The research method used is classified as normative or doctrinal legal research with a juridical-normative approach. The normative legal research method uses existing literature research methods. In collecting research data, using secondary legal materials in the form of books, journals, articles, and other written works, both from print and internet media related to this research. The results of this study are that indigenous peoples as individuals are not much different from other individuals, needing the right to live, the right to food, the right to clothing and the right to housing, education, and other rights.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"276 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Socio-Juridical Analysis of Advocates Obstructing The Investigation Process of Criminal Acts of Corruption","authors":"Abdul Wahid","doi":"10.31941/pj.v22i1.2955","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2955","url":null,"abstract":"Advocates are one of the pillars of upholding the rule of law and human rights that provides legal services. They can act as a companion, give legal opinions or become a legal representative for and on behalf of his client. Advocates take refuge behind the right of immunity that they cannot be prosecuted civilly and criminally. They are guaranteed by law that there are advocates who obstruct or impede the investigation of criminal acts of corruption. Advocate immunity rights apply as long as carrying out their duties and profession in good faith but may not conflict with laws. Advocates who obstruct the investigation of criminal acts of corruption are contrary to ethics and contradict Article 21 and Article 22 of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135778027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Protection of The Rights of Musyarakah Guarantee Owner Through Judge's Decision","authors":"Abdul Halim Muhamad Sholeh","doi":"10.31941/pj.v22i1.2669","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2669","url":null,"abstract":"<table width=\"574\" border=\"0\" cellspacing=\"0\" cellpadding=\"0\"><tbody><tr><td valign=\"top\" width=\"366\"><p>In this context, sometimes there is a disparity in decisions between those who ratify the execution of guarantees and auctions only based on the fact that the customer has defaulted by not paying the installments, and there are judges who consider the negligence factor whether it was intentional by the customer or beyond the ability of the customer, so it is the same case namely the existence of a default, but the decision is different due to different interpretations of the concept of negligence in the Indonesian bank regulations or the DSN MUI fatwa. This research is to answer three questions in the study, namely: (1) What is the basis for consideration and legal reasoning by the judges in resolving cases of disputes over the execution of guarantees in <em>musyarakah</em> financing? (2) Why does the decision disparity occur in handling disputes over the execution of guarantees in <em>musyarakah</em> financing? (3) Has the construction of the judge's decision provided protection for the rights of the owner of the guarantee in <em>musyarakah</em> financing? This type of research includes a variety of legal research with a normative juridical study pattern. To answer the problems in the research, the author examines, analyzes and strengthens the argument by using the theory of legal discovery and the theory of justice. The approach used in this research, namely the case approach is used to examine, explore, and examine judge decisions and the philosophical approach is used to explore in depth legal issues regarding the execution of Musyarakah guarantees from various aspects to explain in depth the concept of negligence so as to protect the rights of customers as guarantee owners. The results of this study indicate, firstly, in providing legal considerations and reasoning in the decision on the execution of musyarakah guarantees, the judge based on two different tendencies. Some judges apply legal norms as they are without interpreting and others carry out interdisciplinary interpretations. Second, disparities in decisions arise due to (i) differences in interpreting statutory provisions which give rise to different methods of legal discovery and interpretation (ii) differences in assessing evidence and (iii) differences in the dynamics of thinking due to differences in understanding the meaning of law. Third, the protection of the rights of the guarantee owner in the construction of judge's decisions is still diverse.</p><p> </p><p><em> </em></p></td></tr></tbody></table>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135776610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Analysis of Decision of The Constitutional Court Number 97/Puu-Xiv/2016 Concerning Population Administration on The Rights and Position of Believers","authors":"Abidin Latua","doi":"10.31941/pj.v22i1.2973","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2973","url":null,"abstract":"<em>The research is to take a closer and explicit look at the position of believers in the Constitutional Court's decision through synchronizing the existence or existence of believers in Yogyakarta. In order to ensure whether or not these concerns are true, and to what extent are the rights and positions guaranteed in the decision of the Constitutional Court, and what is the position of believers in the Constitutional Court Decision Number 97/PUUXIV/2016 concerning Population administration in terms of perspective (Maqāṣid ash-Syarī‘ah). The type of legal research used in the preparation of this research is field research, which is conducting direct observations with in-depth interviews with sources that have been determined based on the researcher's knowledge using the purposive sampling method. The approach used in this research is normative juridical (Statute Approach) and empirical or sociological juridical. The normative juridical approach is carried out by referring to the legal norms contained in the legislation, decisions and legal norms that exist in society. The results of the research show that the considerations of the judges of the Constitutional Court related to the Philosophical, Textual, and Sociological Legal Interpreters in deciding the case Number 97/PUU-XIV/2016 concerning the review of the Population Administration Law, have fulfilled the basic rights of believers and provide justice to adherents of the sect. trust, then when viewed with the study of Human Rights the Constitutional Court's </em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135778028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Controlling The Amendment Of The Nri Constitution And The Necessary Of The President's Service For Three Periods","authors":"Irmanjaya Irmanjaya","doi":"10.31941/pj.v22i1.2532","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2532","url":null,"abstract":"<em>The constitution in Indonesia has undergone several changes since Indonesia's independence. In this dynamic, Indonesia is in the phase of finding its identity and the right government system in accordance with the conditions of the Indonesian nation. Changes to the constitution repeatedly, namely in the Post-Independence period, the 1945 KRIS, the 1950 Constitution, the New Order, the Old Order, and the Reformation. Article 7 of the 1945 Constitution of the Republic of Indonesia states that the President governs for a term of five years and can be re-elected in the election of the head of state. However, until the New Order era, the presidential term limit was not determined. Resulting in abuse of power and political chaos. The post-amendment reform era changed Article 7 by limiting the president's power to only two terms. The amendment to Article 7 is referred to as the embodiment of reform and is in accordance with the opinion of the Indonesian people so that power regeneration can occur. The discourse on the third amendment in Article 7 is pro and contra because it is planned that there will be a change in the limitation of the presidential term of office to three periods. This discourse is not in accordance with the spirit of Article 7 of the 1945 Constitution of the Republic of Indonesia and the controversy among the Indonesian people. The Indonesian people hope that the abuse of power will not repeat itself as in the pre-reform era and stick to the mandate of Article 7 of the 1945 Constitution of the Republic of Indonesia that the president is limited to two terms.</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"480 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135776612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implementation of Criminal Sanctions Against Foreign Narcotics Courier Performers","authors":"Zainab Ompu Jainah","doi":"10.31941/pj.v22i1.2321","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2321","url":null,"abstract":"<em>Criminal sanctions that regulate narcotics crimes have emphasized the sanctions that will be given to anyone who violates them, ranging from rehabilitation to the death penalty. However, there are still many who commit these violations, until now, there are various forms of modus operandi for committing a criminal act in distributing narcotics. Perpetrators do not run out of wits to do all kinds of ways to achieve their goals. This mode is developed because law enforcement officers are intensively carrying out prevention efforts to eradicate narcotics crimes. One form of the mode that is carried out is through drug intermediaries or couriers, by neatly wrapping and inserting into plastic capsules, stored in boxes or cans, tucked in candy or food, to places that have been specially designed so as not to be penetrated by detection equipment. The perpetrators of these drug couriers are not only carried out by Indonesian nationals, but have also been carried out between foreign countries through foreign nationals. Narcotics distribution is carried out in various ways through land, sea and air transportation. From the various modes carried out by the perpetrators of drug couriers, it is not uncommon for them to be unsuspected so that they can escape various forms of examination by the authorized law enforcement officers.</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135776613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Game of Dice on People's Entertainment Performance Islamic Perspective (Study in The District Juwana, Central Java)","authors":"Kuswardani Kuswardani, Ricky Alan Mutadho, Marisa Kurnianingsih, Andria Luhur Precocious","doi":"10.31941/pj.v22i1.2397","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2397","url":null,"abstract":"Introduction: Gambling is an act that has a speculative element, without which is there is no hard work. Purposes of the Research: The research aims are to describe dice game as a form of gambling from an Islamic perspective, moreover, to explain why Indonesian prohibits gambling. Methods of the Research: This manuscript is library research and empirical as an example to explain gambling as a habit in the community. Results / Findings / Novelty of the Research: The research results point out that firstly The Islamic prohibit gambling chance in the conventional forms (like this dice game) or online gambling. And Islam also forbids gambling has become a habit. second, the prohibition is as in the Word of God Al Baqarah/2:219, Al Maidah /5 90 – 91, and Hadith of the Prophet Muhammad SAW which was narrated by Imam Bukhari and Muslim. Thirdly, the Penal Code defines gambling as a crime, however, the gamble is without permission. The novelty of the research is ambiguous in the formulated with the consideration of Law Number 7 of 1974 on Controlling Gambling.","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"49 16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135776614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection of The Parties in The Execution of Fiduciary Guarantees After The Decision of The Constitutional Court Number 71/Puu-Xix/2021","authors":"Putu Ayu Sriasih Wesna, Anak Agung Ngurah Bhaskara Ananda Putra","doi":"10.31941/pj.v22i1.2656","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2656","url":null,"abstract":"<em>The Constitutional Court has issued Decisions Number 18/PUU-XVII/2019, Number 2/PUU-XIX/2021, and Number 71/PUU-XIX/2021, in which the three decisions have a major impact on the special characteristics of fiduciary guarantees, namely the execution of guarantees that easy with parate execution. This research uses normative legal research methods. The results of this research are the Execution of Fiduciary Guarantees After the Constitutional Court Decision Number 71/PUU-XIX/2021 execution with parate execution becomes ineffective. The legal standing of the Fiduciary Giver is benefited, the Fiduciary Giver has legal protection over the execution parate of the fiduciary recipient. The legal standing of the Fiduciary Recipient is aggrieved due to the loss of legal certainty over the execution parate. The fiduciary recipient in his position as a creditor loses his legal protection in terms of making settlements for bad loans due to complicated execution conditions..</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135776611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Smart And Green Campus Regulatory Design As Untirta's Legal Policy To Improve the Quality of Participatory Higher Education","authors":"Agus Prihartono P.S., Lia Riesta Dewi, Fatkhul Muin","doi":"10.31941/pj.v22i1.2265","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2265","url":null,"abstract":"<span lang=\"EN-US\">The formation of a policy regulation does not have general guidelines because it is the authority of each institution which is not binding on other institutions and is weak in giving sanctions, while the formation of a statutory regulation must be guided by Law Number 12 of 2011 concerning the Establishment Laws and regulations that have been amended by Law Number 15 of 2019 by providing space for the public to participate. This research uses qualitative research methods with a normative juridical approach. Sultan Ageng Tirtayasa University is one of the State campuses in Banten, which needs to design smart and green campus regulations to improve the quality of participatory higher education. This policy is a legal policy to shape the quality of higher education as smart and green campuses</span>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135776615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"New model of maritime law enforcement for the empowerment of Indonesian marine agent security","authors":"Irma Rachmawati Maruf, Kamarulnizam Abdullah","doi":"10.31941/pj.v22i1.2245","DOIUrl":"https://doi.org/10.31941/pj.v22i1.2245","url":null,"abstract":"<em>Law enforcement is very crucial for Indonesian safety in sea maritime. In many countries, the agency enforces maritime law. Mostly of legal international trade moves by seas and is illegally used by smugglers transporting prohibited substances or illegal migrant workers. Ships are also vulnerable to violence. Ships are robbed or hijacked, raising concerns that such attacks could finance terrorism or result in seized vessels being used as floating bombs to attack essential ports. The Indonesian Government may also have a strategic policy to prevent such illegal carriage by sea. It must have harmonies of the regulations state competing interest in exploiting and regulating maritime activities. This article will seek agencies to implement law, security, and safety at sea and review marine agencies. The agents are expected to avoid law enforcement in the sea, which is currently ineffective, causing competition between authority institutions or interests, all of which are detrimental to implementing the rule of law itself. In Indonesian shipping law, law enforcement of marine law is not only be handled by one department. Some regulations give different authority to any department to force the direction. So, there is no integration system to move the marine law if the law separates the sectoral approach that caused many law problems; one of them is an overlap in authority which tends to be a conflict of interest among them. Law enforcement at sea has particular characteristics and extraordinary scopes under the applicable legal regime in the sea area</em>","PeriodicalId":471669,"journal":{"name":"Pena Justisia: Media Komunikasi dan Kajian Hukum (edisi elektronik)","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135950838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}