cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
DWI EDI WIBOWO
Contact Email
dwiedi.unikal@gmail.com
Phone
-
Journal Mail Official
dwiedi.unikal@gmail.com
Editorial Address
-
Location
Kota pekalongan,
Jawa tengah
INDONESIA
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 96 Documents
 1   2   3   4   5 
Search results for , issue "Vol 23, No 1 (2024): PENA JUSTISIA" : 96 Documents clear
Scenarios For Limiting The Veto of Permanent Members Of The United Nations Security Council Aksah Kasim; Didik Suhariyanto; Wahyu Ramdhani; Erman I Rahim; Danial Danial
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.v23i1.4163

Abstract

The UN's principal mission is to promote international stability and peace. To that end, the UN established the Security Council, its governing body with last say on the subject. The United States, Russia, China, and France—the five most militarily competent nations—are veto-wielding permanent members of the United Nations Security Council. The fundamental objective of this research is to determine the impact of veto power on the function of the United Nations Security Council in maintaining global peace and security. In that case, will we be attempting to have a lex expert on the right to veto? This work is classified as normative research. The results showed that the veto did not improve the Security Council's performance. The ability to veto decisions made by the Security Council on how to address critical international crises means that the council isn't always effective. Legal rules should be put in place to ensure that the right to veto as a controller is not misused and fulfils its original purpose. The power to reject a resolution in situations involving crimes against humanity or genocide is an important part of the veto system, as is the two-year limit on each non-permanent member's use of the veto, and the limitation of veto use to a single case if discussed consecutively in Security Council meetings.
Inconsistencies & Problems of Supreme Court Decision No. 26 B/Pdt.Sus-Arbt/2014 concerning Annulment of Arbitration Award Zurisman Zakaria; Sudirman Sudirman; Wahyudi Umar
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.v23i1.4158

Abstract

Arbitration awards are usually considered an efficient and effective way to resolve business disputes. However, just like an award in a court, an arbitral award may also be annulled if it meets the requirements mentioned in Article   70 of the Arbitration Law. This study aims to analyze the inconsistencies of the Supreme Court decision No. 26/Pdt.Sus-Arbt/2014 which annulled the arbitral award.  This research uses normative legal research methods by applying a statutory law approach and a case approach. Based on the results of the study, there are inconsistencies in the Supreme Court decision No. 26/Pdt.Sus-Arbt/2014 which annulled the BANI arbitration award No. 442/I/ARB-BANI/2012 by considering factors outside the contents of article 70 of the Arbitration Law. Observing this phenomenon, it is important to add articles that provide guidance on the use of reasons outside the contents of article 70 of Law No. 30 of 1999 in the annulment of arbitral awards, with the aim of providing legal certainty.
The Criminal Act of Smuggling Indonesian Workers Abroad, Human Smuggling Perspective Riskan Zulyadi
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.v23i1.3652

Abstract

The business, as usual, of work-carrying can't be isolated from the issues of interest and supply. The bootleggers will work with the individuals who can pay, then, at that point, find go-betweens, then, at that point, transport skippers and individuals who will make counterfeit reports if essential. The humanistic lawful exploration strategy is an overview, in particular an examination that takes information straightforwardly from respondents involving interviews as an information assortment device, and afterward the information taken is handled so determinations are made utilizing a logical technique. In the mean time, assuming we take a gander at its tendency, this exploration is illustrative, specifically research that makes sense of in clear and itemized sentences the two issue definitions examined. Illegal exploitation is a type of transnational coordinated wrongdoing that can possibly have different ramifications for different violations. Human carrying can be a shortcoming of a country's general set of laws in dealing with instances of stowed-away inspiration by outsiders to make their country a go-between country for that nation's violations. Different violations might emerge because of human carelessness in completing the act of illegal exploitation, like regular wrongdoings (extortion, assault, murder, and robbery), transportation, illegal exploitation, tax evasion, banking wrongdoings, and psychological warfare.
The Role of Visum Et Repertum in Exposing Criminal Acts of Persecution (Study of Decision Number 330/Pid.B/2023/PN. Cbi) Nining Yurista Prawitasari; Akbar Sayudi
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.v23i1.4048

Abstract

The purpose of this study is to determine the important role of Visum Et Repertum in proving criminal acts of persecution.  This research uses normative juridical legal methods, namely legal research conducted by examining textbooks of legal experts, legal journals, and scientific works of legal experts and primary data including legislation and judges' decisions. The results showed that the role of visum repertum in Decision Number: 330/Pid.B/2023/PN. CBI, is very important as one of the evidence in the trial in accordance with article 184 paragraph (1) of the Code of Criminal Procedure, and is subject to the consideration of the Judge.
GOVERNMENT STRATEGIES FOR PALM OIL TRADE DISPUTES AFTER THE 2021 CRUDE PALM OIL PHASE-OUT POLICY Dinda Maylinda Suhendra
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.v23i1.3576

Abstract

The termination of the policy of using crude palm oil issued by the European Union Parliament which states that it is necessary to suppress the use of palm oil to a maximum of 7 as energy for its use aimed at transportation use by 2030 which will have an impact on CPO export producers, namely Indonesia and Malaysia, which will lose their market. With the impact of this problem, it will also affect the workers who have been making a living by working as oil palm day laborers. The research method used in this research is normative juridical. The results of this study are the Government's Strategy Regarding Coconut Oil Trade Disputes After the CPO Termination Policy is First, the ban on nickel ore exports since January 1, 2020 to the European Union, trade disputes that occur between Indonesia and the European Union can be resolved through the DSB at the WTO and the steps that can be taken are to approach the disputing parties based on the needs of each party
Responsibility and Accountability in the World of Futures Trading: Analysis of Futures Brokers and Broker Representatives Under the Spotlight of Civil Law and BAKTI Arbitration" Muhammad Sabir Rahman; Syamsul Efendi; Yudhi Priyo Amboro; Kristi W Simanjuntak; Nurul Fazri Elfikri; Aceng Asnawi Rohani; Dede Agus
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.v23i1.4113

Abstract

This study aims to examine the role of Article 1367 of the Civil Code in determining the duties of Futures Brokers and Futures Broker Representatives in the context of Indonesian commodity futures trading, with a focus on the consequences for violations of these duties by Futures Broker Representatives. respond to it. This methodology is based on normative legal principles and is based on research into relevant literature and examination of BAKTI rulings in the field of commodity futures trading arbitration. Findings from this study highlight the importance of taking into account the Futures Broker Representative's level of professionalism as well as any applicable rules and regulations when determining the extent to which the Futures Broker is legally liable for the Futures Broker Representative's conduct. In order to provide fairness and clarity in commodity futures trading, this study's findings suggest that current rules need to be revised and adjusted. The study also suggests directions for future research on the dynamics of futures trading's legal aspects.
ISLAMIC THERAPEUTIC COMMUNICATION IN TRAUMA RECOVERY OF VICTIMS OF SEXUAL VIOLENCE AT THE TECHNICAL IMPLEMENTATION UNIT OF THE ACEH WOMEN AND CHILDREN PROTECTION AREA (UPTD PPA) tisi maulidya putri; Syukron Kholil; Zainun Zainun
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.v23i1.3750

Abstract

  Abstract                                                                          This research aims to find out how Islamic therapeutic communication is implemented in recovering from trauma from victims of sexual violence at the Regional Technical Implementation Unit for the Protection of Women and Children (UPTD PPA). This paper uses the Stimulus-Organism-Response (SOR) approach. This research uses qualitative methods with descriptive data analysis. Data was obtained through interviews, document study, and observation. The research informants were the Head of the UPTD PPA, Head of the Administration Subdivision, Head of the Case Follow-up Section, Head of the Reception and Clarification Section, Clinical and Forensic Psychologists, Psychological and Legal Counselors, Social Welfare Workers and Foster Mothers. The research results show the implementation of Islamic therapeutic communication in three stages: 1) Islamic Therapeutic Communication in the Orientation or Introduction Phase, 2) Therapeutic Communication in the Working Phase, and 3) Islamic Therapeutic Communication in the Termination Phase which is carried out by service officers at UPTD PPA with good speech, an attitude full of gentleness, adjusting the language and content of the conversation, conveying information about the real situation about the victim's problem, even though it does not completely heal the trauma, it has an effect on self-acceptance, communication skills, and motivation so that the victim gets closer and closer. repent to Allah. Islamic therapeutic communication that is applied prioritizes empathy and building rapport.
COMPARISON OF THE IMPOSITION OF THE DOCTRINE OF PIERCING THE CORPORATE VEIL IN A LIMITED LIABILITY COMPANY BETWEEN THE BOARD OF DIRECTORS AND SHAREHOLDERS IN TERMS OF LAW NUMBER 40 OF 2007 CONCERNING LIMITED LIABILITY COMPANY Fauzan Rahmat Ananda; Sri Widyawati
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.v23i1.3698

Abstract

The purpose of writing this journal is to determine the comparison of the imposition of the doctrine of piercing the corporate veil in a Limited Liability Company between the Board of Directors and shareholders, with a review of Law Number 40 of 2007 concerning Limited Liability Companies (UUPT). The Doctrine of Piercing the Corporate Veil is a doctrine that has long been present in the business world, especially attached to the legal entity of Limited Liability Companies in Indonesia. UUPT as the law governing Limited Liability Companies in Indonesia has set out the rules regarding the doctrine of piercing the corporate veil. The doctrine has historically been widely used in court decisions, the presence of the doctrine of piercing the corporate veil can penetrate the distinctive nature of a Limited Liability Company, namely limited liability. Departing from this inevitability, the author then formulates the problem in writing this journal, namely why there is a doctrine of piercing the corporate veil in a Limited Liability Company and how the comparison of the imposition of the doctrine of Piercing the Corporate Veil in a Limited Liability Company between the Board of Directors and shareholders is reviewed from the Company Law. The research method used is normative legal research, based on sources obtained through literature studies, in the form of primary, secondary, and tertiary legal materials related to the writing of this journal. This research shows that the presence of the doctrine of piercing the corporate veil in a Limited Liability Company is needed as a form of legal protection for the Limited Liability Company entity and its related parties, and there are differences in the imposition of the doctrine on the Board of Directors of the company and the company's shareholders. The difference in the imposition between the Board of Directors and the shareholders of the company is that, if the Board of Directors is required another article in relation to its good faith in running the company (fiduciary duty), while the shareholders of the company are expressly regulated in Article 3 of the Company Law.
Legal Aspects of Audit 10% Participating interest Management on Mahakam Block Working Area Baren - Sipayung; Sardjana Orba Manullang; Henry Kristian Siburian; Karnawi - Kamar; Febrina Nafasati Prihantini
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.v23i1.2982

Abstract

The efforts of the local government of East Kalimantan Province and Kutai Kartanegara Regency to increase local revenue by proactively taking part in receiving a 10% Participating Interest (PI) offer in the Mahakam Block working area have been successful based on Permen ESDM No. 37 of 2016. The ministerial regulation stipulates that the legal subject for managing the 10% PI has several alternative forms of business entity, namely the old BUMD, new BUMD, or Regional Public Company (Perseroda). Based on these administrative procedures, the legal subject deemed to fulfill the requirements as a legal subject for the 10% PI Manager at the Mahakam WK is PT MMPKM which was formed as a Perseroda business entity. However, this has implications for the emergence of new norms regarding the definition and composition of Perseroda share ownership, as well as the legal subject requirements for managing a 10% PI between the Permen ESDM No. 37 of 2016 and the Regional Government Law, PP BUMD, and PP No. 35 of 2004. Furthermore, because of the scope of state finances, the negative implication is that local governments do not get the maximum regional income from dividends from BUMD holding company PT MMPKM.
Analysis of Coal Mining Legal Instruments and the Powerlessness of the State in Restricting Natural Destruction Activities by Corporations (Case Study of the Implementation of the Law on Coal Mining Against Ecological Environmental Damage in Indonesia) Zulqarnain - Zulqarnain; Fikri - Riza
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.v23i1.4034

Abstract

Management of Natural Resources (SDA) through mining has generated huge income for the Indonesian government. In addition, mining activities have caused damage to the natural environment that poses a threat to the future of human life. The government makes every effort to restrict mining activity so as not to harm the environment. A set of legal laws has been developed, but mining activities continue to harm the environment.Why is this so? What's the issue? Is the mining law still ineffective? Or weak execution of law? This research solves these questions at least. This study is qualitative in nature. This study's data were collected through a series of interviews, a review of the relevant literature, and a document analysis. The study's conclusions show that the laws controlling mining have limited the options available to mining entrepreneurs for carrying out their operations without endangering the environment. On the other hand, the finding of unreclaimed mining sites suggests that the legal process has not been followed correctly or diligently enough.

Page 1 of 10 | Total Record : 96

 1   2   3   4   5 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol 23, No 1 (2024): PENA JUSTISIA Vol 22, No 3 (2023): Pena Justisia Vol 22, No 2 (2023): PENA JUSTISIA Vol 22, No 1 (2023): New Edition of Pena Justisia Vol 21, No 2 (2022): PENA JUSTISIA Vol 21, No 1 (2022): PENA JUSTISIA Vol 20, No 2 (2021): PENA JUSTISIA Vol 20, No 1 (2021): PENA JUSTISIA Vol 19, No 2 (2020): PENA JUSTISIA Vol 19, No 1 (2020): PENA JUSTISIA Vol 18, No 2 (2019): PENA JUSTISIA Vol 18, No 1 (2019): PENA JUSTISIA Vol 17, No 2 (2017) Vol 17, No 1 (2017) More Issue