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Journal : Pena Justisia: Media Komunikasi dan Kajian Hukum

Government Policies for the Natural Resource Management of Minerals and Coal Based on Social Welfare Absori Absori; Aullia Vivi Yulianingrum; Rahmatullah Ayu Hasmiati; Arief Budiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 20, No 1 (2021): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.064 KB) | DOI: 10.31941/pj.v20i1.1715

Abstract

This research aims to describe the natural resources management policies in the mineral and coal sectors. The description is based on the social welfare value contained in Law No. 3 of 2020 concerning Amendment of Law No. 4 of 2009 concerning Mineral and Coal Mining, as well as Law No. 11 of 2020 concerning Employment and Labour Law. This research employed a normative judicial method based on law regulations that are conceptualized as principles or norms and have evolved into proper human behavior standards. Secondary data were employed by exploring literature correlated with the mineral and coal mining management law and analyzed using juridical-qualitative techniques. Subsequently, the research indicated that the Indonesian government policy in the Mineral and Coal, alongside Omnibus Laws, are unable to accommodate social welfare values and support only profit-oriented businesspersons. This research is expected to proffer suggestions for the central or regional government to make regulations prior to the social welfare principle.
Exploring The Prophetic Values Contained In The Advocate Profession Muhammad Nurcholis Alhadi; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono
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.v22i2.2749

Abstract

The advocate profession in the early Islamic treasury is not formally institutionalized so that it needs to explore prophetic values in the history of Islamic civilization and objectified into the advocate profession. This study aims to reveal the advocate profession from the perspective of prophetic science and trace prophetic values into the foundation of the advocate profession. This study uses a normative research model through library materials or literature literature as a written source. The results of the study show, first, Islam respects human rights in defending their interests in court. Islam guarantees justice in a trial, equality of rights, and guarantees the right to defend the rights both alone and through legal counsel in accordance with the wakalah system. Second, prophetic values as the foundation of the advocate profession are upholding justice, being a peacemaker, the concept of submitting affairs to the experts leave the matter to the expert / knowledgeable, the concept of mutual help, and advocate ethics. These values are not only human dimensions but also transcendental.
THE CONCEPT OF THE POSITION OF REVELATION AS AN ONTOLOGY OF PROPHETIC BASED LEGAL SCIENCE Romi Saputra; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 1 (2023): New Edition of Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4024

Abstract

This article aims to answer the position of revelation as a prophetic-based ontology of legal science. If the West issues revelations in science and more specifically in the formation of positive law, and glorifies human reason more, then this article explains that these revelations are part of positive law without ignoring human potential, and placing human potential proportionally. By using philosophical methods and approaches, this article shows that revelation in the study of prophetic law occupies a very high position, revelation functions to provide direction and guidance for reason in understanding reality and the formation of positive law. Law is interpreted by the will of Allah SWT which is based on the Koran and the Sunnah of the Prophet Muhammad. Revelation functions as a guide containing norms, values and rules, while reason is tasked with finding laws based on revelation's direction. For this reason, revelation, reason and the senses never come into conflict between the two, instead they become one unit, mutually reinforcing and reinforcing each other. The combination of revelation with reason and human life is then known as the Islamic moderation paradigm which synergizes things that are permanent with things that are flexible, combines the understanding of the Salaf with contemporary reforms (tajdid), is not jumud and liberal, and understand Islam comprehensively. Conflict between revelation and reason will only occur if one of them is fixed and the other is flexible, then of course the fixed one is superior to the flexible one, or both are equally flexible, so even if one is determined by interpreting the view of reason.
The Legal Protection Policy for Partnerships in Socially Just, Digital-Based Land Transportation Businesses Agatha Jumiati; Harun Harun; Absori Absori; Kelik Wardiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol 22, No 3 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i3.3506

Abstract

The development of legal relations between drivers and online land transportation service application providers is becoming increasingly massive, especially when technological developments and digitalization make it easier to utilize digital-based land transportation services. This research aims to analyze and determine legal prescriptions or solutions to the problem of legal gaps in special regulations that discuss and serve as guidelines in implementing partnership legal relations between online transportation drivers and online land transportation service application providers in terms of the aspect of social justice. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the social justice aspect of the partnership legal relationship between drivers and online land transportation service application providers has not actually been fulfilled, which is due to the absence of special regulations regarding partnership relationships that can guarantee legal certainty and protection for online transportation service drivers. Legal protection policies for partnership legal relationships between drivers and online land transportation service application providers can be implemented by establishing regulations regarding special partnership relationships between drivers and online land transportation service application providers to fill the existing legal gaps.
Social Rehabilitation as Legal Policy Protection for Women Victims of Terrorist Cyber Indoctrination Arief Budiono; Absori Absori; Genta Arya Mohammad; Esmara Sugeng; Wardah Yuspin; Syaifuddin Zuhdi; Rizka Rizka
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.v23i1.4206

Abstract

Introduction: It is noted that 513 women with Indonesian citizenship traveled to Iraq and Syria after being impacted by cyber indoctrination. Among these women, there are those with a manus minustra (victim) status. Some are trapped in Iraq and Syria overseas as they were brought there by their families when they were still young or were babies. Methods: This research employed the classical dogmatic juridical method with a literary approach. This research was conducted to find the best solution for women as victims of terrorists’ indoctrination who have not committed terror acts or women who migrated to Iraq and Syria when they were still young or were babies. Results and Discussion: Social rehabilitation is only given to indoctrination victims who have not committed terror, as well as women who were trapped in Iraq and Syria because they were brought over by their families when they were still young/babies, thus requiring identification. Social rehabilitation is crucial to prevent equal punishments between victims and offenders. Some countries apply social rehabilitation with various methods and requirements, such as Uzbekistan, Germany, and the United States. Conclusion: Rehabilitation is possible as the providing institutions are experienced in giving social rehabilitation to children of terrorism perpetrators. Social rehabilitation in these three countries was successful with various degrees of success. It is deemed as more successful than punishments as the former prevents victims from obtaining further indoctrination in jails
Co-Authors Afiful Ikhwan Agatha Jumiati Aida Dewi Aidul Fitriciada Azhari Ajid Abdul Syawal Akhmad Muslih Alisa Ibrahim Andria Luhur Prakoso Andriadin Andriadin Anis Khairiyah Arief Budiman Arief Budiono Dewi Kusuma Diarti Diana Fitriana Dianto Dianto Didik Irawansah Dinil Abrar Sulthani Elviandari Elviandari Elviandri, Elviandri Elya Kusuma Dewi Esmara Sugeng Etyn Ariyani Susilowati Fahmi Fairuzzaman Farkhani Farkhani Farkhani Farkhani Fatkhul Muin Fitrah Hamdani Fitriani Nur Damayanti Fitriani Nur Damayanti Gamal Abdul Nasir Genta Arya Mohammad Hanafi, Muhammad Amin Hangabei, Sinung Mufti Haq, Hilman Syahrial Hari Sutra Disemadi Harun Harun Harun Harun Harun Harun Harun Harun Harun Harun Heni Saputri Ikbal, Moh Iksan Iksan Izziyana, Wafda Vivid Jelang Ramadhan Johan Cahya Kusuma Sakti Kelik Wardiono Khudzaifah Dimyati Khudzaifah Dimyati Khuzaefah Dimyati M. Mu’inudinillah Basri Marisa Kurnianingsih Moh Ikbal Moh. Indra Bangsawan Muh Zuhri Muhamad Latif Muhammad Amin Hanafi Muhammad Nurcholis Alhadi Muhammad Taadi Samsuri Mukhlishin Mukhlishin Munir, Usman Mustofa Fahmi Nasri Nasri Nasri Nasri, Nasri Natangsa Subakti Natangsa Surbakti Ngestiningrum, Ayesha Hendriana Nugroho, Sigit Sapto Nurhayati, Nunik Nurjannah S Peggy Dian Septi Nur Angraini Rahmatullah Ayu Hasmiati Ridwan Rika Maya Rina Arum Prastyanti Rina Rohayu. H Rizka Rizka Rizka Rohayu H, Rina Rohayu, Rina Romi Saputra Said Saidakhrarovich Gulyamov Sakti, Johan Cahya Kusuma Sarip Sarip Satriyo Rahman Nur Pambudi Setiyawan, Wahyudi Sigit Sapto Nugroho Silaas Oghenemaro Emovwodo Siti Hasanah Siti Soekiswati Siti Syahida Nurani Sri Rejeki Sugeng Wibowo Syaifuddin Zuhdi Syaifuddin Zuhdi Syawal, Ajid Abdul Syifa Rana Tsary Tomás Mateo Ramon Trisno Raharjo Ucuk Agiyanto Vanka Lyandova Wafda Vivid Izziyana Wahyudi Setiyawan Wardah Yuspin Wardah Yuspin Widayati Widayati Widayati, Widayati Widihartati S Widihartati Setiasih Yogi Prasetyo Yogi Prasetyo Yogi Prasetyo Yulianingrum, Aullia Vivi