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INDONESIA
PENA LAW: International Journal of Law
ISSN : -     EISSN : 29623405     DOI : https://doi.org/10.56107/penalaw
Core Subject : Social,
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
Search results for , issue "Vol. 1 No. 3 (2023): January" : 5 Documents clear
HUSBAND'S BEATING OF WIFE: OBJEKTIF REVIEW OF ISLAMIC LAW AND LEGISLATION IN INDONESIA Ma’sum Anshori
PENA LAW: International Journal of Law Vol. 1 No. 3 (2023): January
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The beating of a husband to wife often reflects as an act of domestic violence. The phenomenon that once went viral in Indonesia between a celebrity couple, Lesti Kejora and Rizky Billar, is a form of beating that has become violent. In fact, this unnatural method is contrary to the intentions of the law, both Islamic law and Indonesian law. Therefore, this study is aimed at exploring this subject through phenomenological, psychological, hermeneutic, and contextual approaches, with regard to the husband's beating of the wife. It turns out that in verse 34 of surah al-Nisa', the husband's beating of the wife, who was initially suspected of being a trigger for domestic violence, became the engine of the flying of hidden love and intimacy. This can be achieved if the three stages of coaching in this verse are carried out consistently. Of course, with this hermeneutical interpretation, the intentions of Islamic law and Indonesian law are in the same direction, namely for the creation of a happy family, sakīnah, mawaddah, and raḣmah.
POLITICAL STUDIES OF REGIONAL AUTONOMY LAW IN TERMS OF THE IMPLEMENTATION OF THE POLITICAL PROMISES OF THE LEADER ELECTED IN RIAU PROVINCE Afrinaldy Rustam; Sabarno Dwirianto
PENA LAW: International Journal of Law Vol. 1 No. 3 (2023): January
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v1i3.74

Abstract

The promise of polithic became a very important indicator for influencing voters. This study seeks to describe and analyze the political policies of the implementation and performance of the Governor of Riau, Syamsuar, after becoming the regional head of Riau Province. The purpose of this study was to analyze the political relevance of Syamsuar to political promises in Riau Province during his reign. This type of research is normative legal research. The data collection method used in this study is by conducting a literature study related to the object of this study. Data analysis in this study was carried out systematically based on research problems that were described qualitatively. The main theories used in this study are Public Policy and Power. The results of this study show that the political promises of Syamsuar have been implemented as a whole. However, there are some political promises that have not been realized according to people's expectations, especially in the field of infrastructure because they are developing slowly. This is due to the lack of development budgets and the problem of inefficiency in bureaucratic performance.
IMPLEMENTATION OF ARTICLE 201 PARAGRAPH (11) OF THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2020 (STUDY OF PENJABAT MAYOR OF PEKANBARU) Afrinaldy Rustam; Sabarno Dwirianto
PENA LAW: International Journal of Law Vol. 1 No. 3 (2023): January
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v1i3.76

Abstract

This research wasbased on the occurrence of a public pegantian penjabat event in Kota Pekanbaru Riau Province. The change was made for a period of two years to fill the vacancy in the position of Mayor of Pekanbaru. This type of research is normative legal research. The data collection method used in this study is by conducting a literature study related to the object of this study. Data analysis in this study was carried out systematically based on research problems that were described qualitatively. The results in this study show that the change of Mayor of Pekanbaru must be in accordance with the established legal umbrella. Whoever the person is, the acting Mayor of Pekanbaru must put the interests of the general public first. Then, the public official fulfills the rank and position and must be proposed by the governor as a higher official. The results obtained turned out that the acting Mayor of Pekanbaru was the choice of the Ministry of Home Affairs based on the results of the proposal of the confidant of the Minister of Home Affairs who came from a social organization. It is unfortunate because it will be questioned about the credibility, professionalism, and accessibility of the sworn officials. Therefore, the acting Mayor of Pekanbaru is inseparable from political interests where these political interests are inseparable from the fight between the elite in the capital of Riau Province and the elite in the National Capital, Jakarta.
RIGHTS OF BANKRUPT DEBTORS IN THE MANAGEMENT AND SETTLEMENT PROCESS IN ACCORDANCE WITH LAW NUMBER 37 OF 2004 CONCERNING BANKRUPTCY AND PKPU Muhammad Nurrohim; Zetria Erma
PENA LAW: International Journal of Law Vol. 1 No. 3 (2023): January
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v1i3.78

Abstract

The debtor's rights in the process of settling bankruptcy assets are very weak, where the debtor will lose his rights to control and manage his assets which are included in bankruptcy assets as stipulated in Article 24 Paragraph (1) of the Bankruptcy Law. However, in the event that the debtor is declared bankrupt, the law gives the debtor the right to submit a reconciliation plan, submit a postponement of debt payment obligations and submit an appeal and review, all of which are efforts to protect the rights of the debtor. In the process of settling bankruptcy assets, the legal protection for debtors' rights is quite weak. Because since the pronouncement of the bankruptcy declaration decision by the court, the debtor will lose the right to manage his assets which are included as bankruptcy assets. As a result, the debtor is no longer able to legally act on his assets that are included in the bankruptcy estate, in this case the management of bankruptcy assets becomes the authority of the curator and/or BHP.
THE URGENCY OF JURISPRUDENCE IN ACTUALIZATION ISLAMIC LAW Juswandi; Jumni Nelli; Erman Gani
PENA LAW: International Journal of Law Vol. 1 No. 3 (2023): January
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v1i3.86

Abstract

Human life that continues to develop in accordance with its human nature, makes many new cases appear without any legal provisions in both the Quran and hadith. The evolving dynamics of society are not in line with the static legal text. Based on these conditions, it is necessary to re-actualize Islamic law. Another problem that comes to the fore is that to re-actualize there must still be a mechanism or formula in finding the new law. The rules of jurisprudence apparently provide concrete solutions to the need for a method or method of finding the law (istinbath al-ahkam). With the rules of jurisprudence, it is hoped that contemporary problems can be found as an application to the reactualization of Islamic law.

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