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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
I Gede Agus Kurniawan
Fakultas Hukum, Universitas Pendidikan Nasional, Denpasar, Bali, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Regulation Reform of Intellectual Property Following the Advancement of Artificial Intelligence: Guidance and Reevaluation I Gede Putu Harry Gelary Astawa; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5448

Abstract

This study seeks to examine the impact of ArtificialIntelligence (AI) development on contemporaryintellectual property concepts and regulations, and topropose necessary reforms to address legal challenges insafeguarding works generated by AI. This study employsnormative legal research methodologies, utilizing bothlegislative and conceptual approaches to examine andrevise intellectual property regulations in relation to theadvancement of Artificial Intelligence (AI) technology,through literature reviews and qualitative analysisemploying deductive-inductive reasoning. The study'sfindings indicate that the advancement of ArtificialIntelligence (AI) capable of generating original works haspresented considerable difficulties to the currentunderstanding and governance of intellectual property.Existing legislation, such as the Copyright and Patent Lawin Indonesia, do not recognize AI as a creator or inventor,resulting in legal ambiguities and discussions around theownership rights of AI-generated works. Regulatoryreform is necessary, encompassing the expansion of thedefinitions of creator and inventor, revision of patent laws,modification of regulations pertaining to brands andindustrial designs, establishment of a dedicated institutionfor AI and intellectual property matters, and thedevelopment of suitable implementation and enforcementmechanisms. This reformulation must consideradvancements in international law and need Indonesia'sactive engagement in pertinent global forums.
Implementation of the Principle of Proportionality in Criminal Sentencing in Indonesia Axl Mattew Situmorang; I Gede Agus Kurniawan; I Made Wirya Darma
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6487

Abstract

This study aims to analyze the normative implementation of the principle of proportionality in the imposition of criminal penalties in Indonesia. The principle of proportionality is a fundamental concept in criminal law that requires the punishment imposed to be balanced and commensurate with the degree of fault and the impact of the criminal act committed. This research employs a normative juridical method with statute approach, conceptual approach, and legal doctrine approach. Data were collected through literature studies of relevant legislation, legal doctrines, and court decisions. The findings indicate that although the principle of proportionality has been regulated in various Indonesian laws and regulations, its application in criminal justice practice still faces several obstacles, such as judicial subjectivity and inconsistency in sentencing. Furthermore, cases have been found where the penalties imposed are disproportionate to the offender’s level of fault, potentially resulting in injustice. Therefore, this study recommends strengthening guidelines for applying the principle of proportionality within the criminal justice system, including training for law enforcement officers and the development of clearer and more measurable sentencing standards. It is expected that this research will contribute to the advancement of a more just and civilized criminal law system in Indonesia through the consistent and appropriate application of the principle of proportionality.
The Legality and Legal Validity of Online Auctions: A Normative Study in the Era of Public Service Digitalization Ni Komang Sri Oka Mariana Dewi; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6488

Abstract

This research examines the legality and legal validity of online auctions within the framework of applicable laws and regulations, and assesses its consistency with the principles of administrative law and legal protection for the parties. The purpose of this study is to analyze whether the implementation of online auctions has an adequate legal basis and how the formal and material validity of online auctions is normatively guaranteed. This research uses juridical-normative method with statutory approach and conceptual approach. The data analysis technique is carried out qualitatively by reviewing relevant laws and regulations, including the Minister of Finance Regulation (PMK), the Regulation of the Public Procurement Policy Agency (LKPP), and other technical regulations for the implementation of online auctions. The novelty of this research lies in the normative evaluation of the convergence between positive law and the rapidly growing practice of digital auctions. The results show that although the implementation of online auctions has been accommodated in a number of regulations, there are still lacunae of norms and inconsistencies between regulations that have the potential to cause legal uncertainty. On the other hand, the legal validity aspect of online auctions is still considered not fully fulfilling the principles of transparency, accountability, and legal protection for participants. This study recommends the establishment of special regulations regarding online auctions in the form of laws or at least comprehensive government regulations, in order to strengthen the legal basis and ensure certainty and justice in the practice of online auctions in the digital era.
Intellectual Property Rights in the Age of AI and Big Data: A Reinterpretation of the Concept of Creativity in Legal Philosophy I Kadek Widi Pranajaya; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6801

Abstract

The legal issue addressed is the growing misalignment between traditional IPR doctrines—which require originality and human subjectivity—and the emerging reality of content creation that is either generated or significantly assisted by AI systems and data-driven processes. The primary objective of this research is to critically reassess the normative foundations of the concept of "creativity" within IPR law, employing a legal-philosophical approach, and to propose a more adaptive legal framework in response to technological advancements. The study adopts a normative juridical method combined with a progressive legal philosophy approach, and conducts a conceptual analysis of both international and national regulations concerning IPR, AI, and data governance. The novelty of this research lies in the formulation of the concept of hybrid creativity—an acknowledgment of non-anthropocentric forms of creative expression that possess expressive, aesthetic, and utilitarian value, even when generated through algorithmic intervention. The findings indicate that the exclusive recognition of human creativity is increasingly insufficient, and that a more inclusive legal paradigm is needed to accommodate the role of AI as a subject—or at least a co-creator—within the IPR system. The study recommends the establishment of a new category of IPR that recognizes AI-generated works, alongside a reformulation of originality and ownership criteria aligned with principles of distributive justice and technological progress
A Study of Legal Hermeneutics on the Interpretation of Trademark Law in Commercial Disputes I Kadek Ricky Adi Putra; A.A.A Ngr Sri Rahayu Gorda; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6803

Abstract

This study examines the application of legal hermeneutics in interpreting trademark law, particularly within the context of commercial dispute resolution. The legal issue under scrutiny lies in the inconsistency of judicial interpretations of trademark provisions, which often result in legal uncertainty and perceived injustice for business actors. The objective of this research is to analyze how the legal hermeneutic approach can offer a more contextual and equitable understanding in the interpretation of trademark law, especially in light of the evolving dynamics of modern commercial practices. This research employs a normative legal method, incorporating a hermeneutic approach. Data were collected through a literature review of statutory regulations, court decisions, and relevant academic literature. The hermeneutic framework is used to uncover the substantive meaning of legal norms within their social, economic, and cultural contexts. The novelty of this study lies in its application of legal hermeneutics to trademark disputes in Indonesia—an area that has predominantly been analyzed through textual or positivist lenses. The findings indicate that the hermeneutic approach reveals the teleological dimensions and substantive justice values embedded in trademark law interpretation. This method also contributes to producing judicial decisions that are more responsive to the complexities of business relations and consumer protection. The study recommends that judges and legal practitioners begin adopting a hermeneutic legal approach when handling trademark disputes, as a means to enhance legal legitimacy and ensure a more contextually grounded legal certainty
Analysis of the Form and Amount of Compensation in the Copyright Infringement Case for the Use of the Song "Lagi Syantik" by Gen Halilintar Without Permission Putu Febby Regina Pingkan; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6868

Abstract

Copyright infringement on digital platforms is increasing with the development of social media as a means of content distribution. One case that has attracted public attention is the use of the song "Lagi Syantik" by the Gen Halilintar family without permission from the rights holder. This article analyzes the form and amount of compensation awarded in this case, and examines the effectiveness of the implementation of Law No. 28 of 2014 in addressing copyright infringement in the digital ecosystem. This research uses a normative juridical method with a case study approach and a comparative study of legal systems in other countries, such as the United States, Japan, and Germany. The results show that the determination of compensation of Rp 300 million does not reflect an objective approach to calculating losses, both economic and immaterial. The judge did not specify the basis for calculating the value of the losses, and the Indonesian legal system does not yet provide a standard or technical institution capable of accurately estimating royalties from digital platforms. International practice demonstrates the importance of the principles of fictitious licensing, statutory damages, and the presumption of damages mechanism as solutions to the difficulties of proving digital losses. Therefore, it is necessary to establish a digital copyright damage evaluation agency, revise the Copyright Law, and integrate the infringement reporting system with digital platforms. These reforms are crucial to ensure justice and legal certainty for creators in the digital creative economy era.
Reconstruction of Business Legal Ethics from the Perspective of the Principles of Good Faith and Contractual Fairness N Agus Adyatma Narwadi; I Nyoman Budiana; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6888

Abstract

Contracts in modern business practice serve not only as binding legal instruments but also as vehicles for realizing ethical values between parties. However, in reality, many commercial agreements are drafted solely based on the principle of freedom of contract, without adequate regard for the principles of good faith and contractual justice, which are essential to ensuring a fair balance of rights and obligations. The legal issue addressed in this study concerns the absence of explicit regulation regarding ethical standards in contract performance, particularly the role of good faith as a moral and legal foundation binding the parties. This study aims to reconstruct business legal ethics by positioning the principles of good faith and contractual justice as normative elements within Indonesia's civil law system. The research adopts a normative juridical method, utilizing both conceptual and statutory approaches, supported by doctrinal analysis and relevant jurisprudence. The findings indicate that the principle of good faith, as stipulated in Article 1338(3) of the Indonesian Civil Code, holds strong potential as a legal basis for assessing the moral legitimacy of contract execution. Similarly, the principle of contractual justice may serve as a corrective mechanism against imbalanced or exploitative business practices. Therefore, reconstructing business legal ethics through these two principles is crucial for developing a contractual system that is fair, morally grounded, and responsive to evolving socio-economic dynamics.
Plato's Justice in Business Law: A Study from the Perspective of Legal Philosophy Anisa Defbi Mariana; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6930

Abstract

This article aims to explore the concept of justice according to Plato and how its application can be relevant in the context of business law. In his philosophical works, especially in the Republic, Plato describes justice as a condition in which each individual carries out his role in a way that is appropriate to his abilities and characteristics. According to Plato, justice is achieved when each part of society performs its proper function without interfering with each other, which can also be adapted to the business world which has complex social and economic dynamics. In the context of business law, justice can be understood as an effort to ensure that all business actors, whether large companies or small businesses, are treated fairly and given balanced rights and obligations. The application of Plato's principles of justice in business law can involve rules that encourage ethical behavior, fair distribution of resources, and protection of the interests of weaker parties, such as consumers and workers. Business law must ensure that economic activity does not only benefit a few parties, but also creates balance and justice for all parties involved. For example, regulations regarding business competition (anti-monopoly) aim to prevent the domination of one party which can harm other parties, thereby creating harmony in the market. Through a legal philosophy approach, this study will analyze the relevance of Plato's ideas of justice in creating legal regulations that are not only profitable for big business actors, but also provide social and economic justice to society as a whole. Thus, Plato's concept of justice can be a strong basis for designing fair and sustainable business laws. examines Plato's concept of justice and its relevance in business law from the perspective of legal philosophy. Through this approach, we will explore how Plato's principles of justice, such as justice as harmony, distributive justice, and justice as virtue, can be applied in the context of modern business
Criminal Law Regulations on Health in Indonesia and Thailand: A Review of the Protection of the Rights of Patients and Medical Personnel Ni Kadek Sri Novi Wirani Rubianti; A. A. A. Ngurah Tini Rusmini Gorda; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6931

Abstract

The regulation of criminal health law in Indonesia and Thailand differs in legal systems and approaches, where Indonesia follows a civil law system, while Thailand adopts a mixed legal system, impacting legal protection for patients and medical personnel as well as the effectiveness of law enforcement in healthcare services. This study aims to analyze the regulation of criminal health law and the dispute resolution mechanisms in Indonesia and Thailand in ensuring legal protection for patients and medical personnel while balancing the interests of both parties. This research employs a normative legal method with a statutory, comparative, and conceptual approach to analyze criminal health law regulations in Indonesia and Thailand, utilizing literature studies and qualitative analysis to assess the effectiveness of legal protection for patients and medical personnel in both countries. The findings reveal that the regulation of criminal health law in Indonesia and Thailand aims to protect patients and medical personnel but differs in legal systems and medical dispute resolution mechanisms. Indonesia, which adheres to the civil law system, regulates the criminal liability of medical personnel through the Criminal Code (KUHP), the Health Law, and the Medical Practice Law, yet still faces challenges in distinguishing professional negligence from criminal offenses, often leading to the criminalization of medical personnel.. Thailand's more flexible approach reduces the risk of criminalizing medical personnel while ensuring patients receive their rights, whereas Indonesia still needs to develop a more effective compensation system to balance the interests of patients and medical personnel
Doktrin Strict Liability sebagai Inclusive Mechanism Bagi Konsumen yang Dirugikan Akibat Ketidaksesuaian antara Produk dengan Gambar dalam Transaksi E-Commerce: Perspektif Hukum Inklusif: An Inclusive Legal Perspective I Gede Yudi Mahendra; Kadek Januarsa Adi Sudharma; I Gede Agus Kurniawan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.7032

Abstract

The rapid growth of e-commerce has created both opportunities and challenges in consumer protection, particularly in cases where products do not match the images displayed on digital platforms. This situation raises legal concerns because consumers often find themselves in a weak position to prove the fault of business actors. The prevailing paradigm of fault-based liability is considered less effective in ensuring access to justice, thereby necessitating a more inclusive legal mechanism. This study aims to analyze the liability of business actors within the framework of Indonesian positive law and to formulate the doctrine of strict liability as an inclusive legal mechanism in e-commerce transactions. The research employs a normative juridical method with both conceptual and statutory approaches. Data were collected through library research, which includes primary legal materials such as legislation, secondary materials in the form of scholarly literature, and tertiary materials that support legal interpretation.The findings indicate that although Law No. 8 of 1999 on Consumer Protection, the Indonesian Civil Code, and Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions regulate the obligations of business actors, the fault-based paradigm still hinders consumers from obtaining effective protection. The novelty of this research lies in proposing the formulation of strict liability within an inclusive legal framework, where liability is automatically attached to business actors without requiring proof of fault. This concept is expected to strengthen consumer protection while ensuring a fair balance of interests in the digital trade ecosystem
Co-Authors A. A. A. Ngurah Tini Rusmini Gorda A.A.A Ngr Sri Rahayu Gorda A.A.A Ngr. Tini Rusmini Gorda Anisa Defbi Mariana Antin Ekaningtyas Widhar Utami Axl Mattew Situmorang I Gede Putu Harry Gelary Astawa I Gede Yudi Mahendra I Kadek Prajadwiva Baskara Dana I Kadek Ricky Adi Putra I Kadek Widi Pranajaya I Made Suwandana Putra I Made Wirya Darma I Nyoman Budiana I Putu Bogi Danuarta I Putu Windu Semara Putra I Wayan Lastikayasa Indrawan Hadiyanto Kadek Januarsa Adi Sudharma Kadek Novita Dewi Kadek Panji Kumara Adi Kadek Putri Nirmala Dewi Komang Suputra Kurniawan Mochammad Lukman Hakim N Agus Adyatma Narwadi Ni Gusti Agung Ayu Mas Tri Wulandari Ni Kadek Sri Novi Wirani Rubianti Ni Komang Sri Oka Mariana Dewi Ni Nyoman Ayu Risna Maryuni Ni Nyoman Mitha Sakarani Ni Putu Fitriani Ni Putu Pera Krisna Dewi Nur Anisa Primanto Tantiono Putu Andika Wahyudi Putra Putu Anggi Abelia Artha Putu Febby Regina Pingkan