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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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Restorative Justice Approach for Children Who Commit Crimes During Demonstrations: Law Enforcement and Future Arrangements Ni Nyoman Ayu Risna Maryuni; A.A.A Ngr. 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.v24i2.7052

Abstract

Demonstrations are one form of community effort to channel their rights and express their opinions. Basically, demonstrations have been regulated in various laws and regulations, particularly to ensure that those demonstrating are adults and can do so in a conducive and law-abiding manner. In practice, there are children, particularly school-aged children, who participate in demonstrations without knowing their purpose or goals, and instead engage in actions that damage facilities and break the law. This research aims to analyze the Restorative Justice approach for children, particularly when children face the law, such as when they participate in demonstrations. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that, based on various laws and regulations, children are not permitted to participate in demonstrations, but the state is still obligated to provide space and facilitate children in expressing their aspirations and rights. Regarding children who commit unlawful acts while participating in demonstrations, law enforcement agencies, particularly the police, must optimize the Restorative Justice approach by involving parents, teachers/educators/community leaders, and the Indonesian Child Protection Commission (KPAI) to ensure that children who commit unlawful acts during demonstrations can understand their mistakes without losing their rights to grow and develop. This research recommends legal updates to regulations governing public expression, emphasizing a Restorative Justice approach for children who commit legal violations during demonstrations
International Arbitration as a Pillar of Modern International Law: A Doctrinal and Practical Overview I Made Suwandana Putra; 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.v24i2.7064

Abstract

International arbitration has emerged as a key mechanism for resolving cross-border disputes in the modern era of international law. As an alternative to national judicial systems, arbitration offers a neutral forum capable of providing legal certainty and protecting the interests of parties, including states, multinational corporations, and individuals. This article examines the role of international arbitration as a pillar of international law, using both doctrinal and practical approaches. From a doctrinal perspective, arbitration is understood through basic principles such as party autonomy, neutrality, finality of awards, and international recognition of arbitration outcomes. From a practical perspective, the discussion covers the effectiveness of international arbitration institutions, such as the International Chamber of Commerce (ICC) and the International Centre for Settlement of Investment Disputes (ICSID), as well as the challenges of practical implementation, including costs, delays, and potential conflicts with domestic legal interests. This article argues that international arbitration is not merely a technical dispute resolution instrument but also a normative instrument that strengthens the legitimacy and stability of the international legal system. Thus, international arbitration can be viewed as a crucial foundation underpinning the development of contemporary international law, as well as a strategic tool for maintaining a balance between national interests and the global order.
Kompolnas as a Police Oversight Institution: A Constitutional Law and Human Rights Perspective Putu Andika Wahyudi Putra; 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.v24i2.7080

Abstract

This study aims to analyze the legal status and authority of Kompolnas within Indonesia’s constitutional law system and to evaluate the effectiveness of its role in protecting and ensuring the respect of human rights in police practices. The research employs normative legal methods with a conceptual approach. Primary, secondary, and tertiary legal materials were collected and analyzed using a descriptive-analytical method to understand Kompolnas’ position within the framework of constitutional law and human rights protection principles. The findings indicate that while Kompolnas holds a significant normative position as a manifestation of the principle of checks and balances in a constitutional state, its functional role remains weak because its authority is merely recommendatory. In terms of human rights protection, Kompolnas has yet to achieve full effectiveness, as its role appears more symbolic than substantive. The originality of this research lies in its integrative analysis combining constitutional law and human rights perspectives, emphasizing the necessity of regulatory reform to strengthen Kompolnas’ authority. These findings provide an important contribution to reinforcing external oversight of the police to ensure accountability and the protection of human rights.
Legal Updates Regarding Industrial Design Rights for Micro, Small, and Medium Enterprises: A Pancasila Economic Perspective Kadek Putri Nirmala 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.v24i2.7086

Abstract

Industrial design is one of the important intellectual property rights for Micro, Small, and Medium Enterprises (MSMEs) as a strategic instrument in promoting the protection and development of product innovation, which is essential for the pillars of the national economy. This research aims to analyze efforts to reform laws related to industrial design rights for MSMEs from the perspective of Pancasila economics. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that the status of industrial design rights is very important for SMEs in protecting and developing product innovation and creativity, which contributes to the national economy. Although Law No. 31 of 2000 does not differentiate between the protection of MSMEs and large businesses, this right provides exclusive protection against design to prevent plagiarism, while also strengthening the competitiveness of MSME products in domestic and international markets thru legal recognition of esthetic elements such as product packaging, shape, pattern, and color. From the perspective of Pancasila Economics, legal reforms that simplify registration procedures, reduce costs, and enhance technical assistance are crucial for creating regulations that are inclusive, fair, and adaptable to technological developments and globalization. This research recommends revising the Industrial Design Law to prioritize ease of access for MSMEs, while also affirming the role of industrial design rights as a strategic asset for empowering the people's economy in order to achieve social justice and sustainable national economic development.
The Relationship between ESG (Environmental, Social, Governance) Principles and the Fulfillment of the Right to Work for Persons with Disabilities Ni Nyoman Mitha Sakarani; 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.v24i2.7087

Abstract

The principle of Environmental, Social, and Governance (ESG) has become one of the key benchmarks in sustainable business practices, including in Indonesia. However, the implementation of this principle is often understood primarily within the context of environmental and governance dimensions, while the social dimension—particularly the fulfillment of the right to work for persons with disabilities—remains insufficiently addressed. This situation underscores the need for an in-depth study of how ESG principles can be integrated into Indonesian business law to strengthen the protection of disability labor rights. This research aims to analyze the relationship between ESG principles and the fulfillment of the right to work for persons with disabilities, as well as to examine the extent to which Indonesian business law supports such integration. The study employs normative legal research with a statute approach and a conceptual approach. Primary legal materials include Law No. 8 of 2016 on Persons with Disabilities, the Manpower Law, and sustainability regulations such as OJK Regulation No. 51/2017. The findings reveal that Indonesian business law provides a normative foundation for disability labor inclusion through mandatory recruitment quotas, obligations to provide disability-friendly workplace facilities, and sustainability reporting requirements. The novelty of this research lies in its integrative analysis that links ESG principles with business law instruments, thereby offering a new perspective in viewing ESG not merely as a voluntary practice but also as a legal obligation that supports social sustainability. These findings contribute to the development of business law literature while also providing recommendations to enhance inclusive labor practices in Indonesia
Online Dispute Resolution as a Progressive Paradigm for Consumer Dispute Resolution in E-Commerce Transactions Mochammad Lukman Hakim; 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.v24i2.7095

Abstract

The rapid growth of e-commerce has introduced new challenges in consumer protection, particularly regarding dispute resolution mechanisms. Conventional pathways through the courts or the Consumer Dispute Settlement Board (BPSK) have proven inadequate in addressing the complexities of online transactions, which are characterized by cross-border interactions, speed, and relatively small economic values. This situation creates a gap between consumers’ rights to justice and the effectiveness of available dispute resolution mechanisms. This study aims to analyze the limitations of conventional mechanisms in resolving consumer disputes in e-commerce and to explore the role of Online Dispute Resolution (ODR) as a progressive paradigm capable of ensuring legal certainty and consumer protection. The research employs a normative juridical method with a conceptual and legislative approach, examining the compatibility of national regulations with the legal needs of the digital era. The findings reveal that conventional mechanisms are insufficiently adaptive to electronic evidence, hindered by jurisdictional barriers, and inefficient in terms of costs and procedures, thereby reducing consumer access to justice. In contrast, ODR offers a more progressive solution by leveraging technology to provide faster, more affordable, and cross-jurisdictional dispute resolution. The novelty of this research lies in positioning ODR not merely as an alternative mechanism but as a progressive legal paradigm that balances legal certainty with consumer protection. This contributes significantly to the development of a more responsive national legal system in addressing digital challenges.
Visas as Preventive Legal Protection for the Sovereignty of the State of Indonesia: The Perspective of the Selective Policy Principle in Indonesian Immigration Law Ni Putu Pera Krisna 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.v24i2.7096

Abstract

A visa is understood as a specific permit to reside for foreign nationals. In Indonesia, Law No. 6/2011 on Immigration affirms the applicability of the Selective Policy principle to ensure that not everyone can easily stay in Indonesia, particularly with certain requirements to ensure national security and sovereignty. This research aims to analyze visas as an instrument of preventive legal protection for Indonesia's national sovereignty in relation to the implementation of the Selective Policy principle. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that visas are a preventive legal protection effort for the sovereignty of the Indonesian state because they allow for the identification of the background of individuals seeking residency permits in Indonesia. As a preventive legal protection effort for state sovereignty, visas are relevant to the principle of Selective Policy in Indonesian immigration law, which emphasizes state sovereignty and security as the most important aspects, making the restriction of residency permits thru visas relevant.
The Rights of Families of Terminal Patients to Refuse Futile Treatment: Legal and Ethical Limitations Primanto Tantiono; I Made Wirya Darma; 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.v24i2.7104

Abstract

Patients in terminal conditions are frequently subjected to futile medical interventions, namely treatments that no longer provide therapeutic benefits and merely prolong the biological process of life without improving its quality. This situation creates a dilemma between the family’s right to refuse such interventions and the physician’s professional obligations bound by ethical oaths and legal frameworks. In Indonesia, the regulation regarding the refusal of futile treatment by families of terminal patients remains ambiguous, leading to legal uncertainty and potential conflicts in healthcare practice. The purpose of this study is to analyze the legal boundaries governing the authority of families of terminal patients to refuse futile medical treatment and to examine medical ethical principles as the basis for legitimizing such rights. This research adopts a normative legal method with a conceptual approach, focusing on the study of legislation, legal doctrines, academic literature, and professional codes of ethics. The findings reveal that the legal foundation for the family’s authority to refuse futile treatment can be traced through the principle of informed consent as stipulated in the Medical Practice Act and the rights of patients in the Health Act. However, the absence of explicit regulation creates a wide scope for interpretation, which may trigger disputes. From an ethical standpoint, the family’s right to refuse futile interventions gains legitimacy through the principles of autonomy, beneficence, non-maleficence, and justice. The originality of this research lies in its integration of normative legal analysis with medical ethics principles, emphasizing the urgency of establishing specific regulations to ensure legal certainty while safeguarding patient dignity
Legal Philosophy in Construction Contract Dispute Resolution: Between Arbitration and Litigation I Wayan Lastikayasa; 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.v24i2.7122

Abstract

Disputes in construction contracts are a common occurrence due to project complexity, differing interpretations of clauses, and delays in work execution. In practice, two main dispute resolution paths are often chosen: arbitration and litigation. This study stems from the need to examine these dispute resolution mechanisms not only from a procedural perspective but also from a legal philosophy perspective that emphasizes the values ​​of justice, legal certainty, and expediency. The purpose of this study is to understand how legal philosophy can serve as a basis for selecting and assessing the effectiveness of arbitration and litigation as forums for resolving construction contract disputes. This study uses a juridical-normative method with a qualitative approach, supported by a comparative analysis of regulations, arbitration and court decisions, and relevant legal philosophy literature. The analysis shows that arbitration emphasizes efficiency, confidentiality, and procedural flexibility, thus closer to the values ​​of expediency and legal certainty. Conversely, litigation offers formal legitimacy, transparency, and broader legal protection, reflecting the values ​​of formal justice. However, both have limitations: arbitration is often hampered by high costs, while litigation is often protracted. The selection of a dispute resolution mechanism in a construction contract should be based not only on practical aspects but also on philosophical considerations regarding the objectives of the law. Thus, the integration of justice, certainty, and expediency can serve as a primary guideline in determining the most appropriate dispute resolution forum
Hukum Acara Perdata dalam Penyelesaian Sengketa Perdata: Tinjauan Teori Hukum Responsif Nonet dan Selznick I Putu Windu Semara Putra; 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.v24i2.7123

Abstract

Civil procedural law is the primary instrument for resolving civil disputes in court. However, in practice, criticism often arises that existing procedures tend to be rigid, formalistic, and do not always meet the needs of justice seekers. The responsive legal theory developed by Nonet and Selznick offers an analytical framework for assessing the extent to which the legal system is able to adapt to the aspirations and interests of society. This study aims to examine how civil procedural law in Indonesia functions in resolving civil disputes and to assess the extent to which its application can be categorized as responsive law, according to Nonet and Selznick's theory. This study uses a normative-juridical approach with a literature review. Data were obtained from relevant laws and regulations, legal literature, and court decisions, then analyzed qualitatively through the perspective of responsive legal theory. The analysis shows that although civil procedural law has provided a formal mechanism for resolving disputes, its implementation is often procedural and slow. This creates a gap between legal norms and the reality of justice seekers. Within the theoretical framework of Nonet and Selznick, Indonesian civil procedural law tends to be at the stage of "autonomous law," which emphasizes formal rules, but has not yet fully reached the stage of "responsive law," which is oriented towards substantive justice and social needs. Civil procedural law needs to be directed in a more responsive direction by simplifying procedures, improving access to justice, and emphasizing fair resolution for the parties. Thus, law becomes not only a procedural tool, but also an instrument of justice that lives within society.
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