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

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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
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
Cryptocurrency and Digital Asset Regulation: A Comparative Analysis of Economic and Business Law in Indonesia and India Kadek Novita 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.v24i2.7141

Abstract

The rapid growth of cryptocurrencies and digital assets has created significant challenges for governments in regulating economic and business activities. Both Indonesia and India face similar issues concerning legal certainty, investor protection, and financial stability, yet they have adopted different regulatory approaches. This research aims to analyze and compare the regulatory frameworks governing cryptocurrencies and digital assets in Indonesia and India, using a comparative legal method that examines legislation, regulatory guidelines, and policies in both countries, supported by doctrinal interpretation and secondary literature. The findings reveal that Indonesia officially prohibits the use of cryptocurrencies as a means of payment but allows them to be traded as commodities under the supervision of the Commodity Futures Trading Regulatory Agency (Bappebti). In contrast, India has demonstrated a dynamic regulatory stance—initially imposing restrictions on cryptocurrency activities, later introducing a taxation framework, and currently considering the implementation of a central bank digital currency (CBDC). Despite these differences, both jurisdictions share the same fundamental objectives: to safeguard the financial system, prevent money laundering, and protect consumers. Indonesia’s approach emphasizes strict market controls and legal certainty through prohibitions on payment functions, while India’s model reflects regulatory fluidity and growing fiscal integration. This comparative analysis underscores the evolving nature of cryptocurrency governance in developing economies and highlights the need for balanced frameworks that promote innovation while maintaining financial stability and legal coherence.
Comparative Analysis of Social Enterprise Regulations in ASEAN: Opportunities for Socio-Economic Development in Indonesia Putu Anggi Abelia Artha; Kadek Januarsa Adi Sudharma; 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.v23i2.7238

Abstract

Social enterprises have attracted global attention due to their ability to simultaneously combine economic objectives and social missions. Thailand, the Philippines, and Singapore are examples of countries in Southeast Asia that have developed different regulatory frameworks to support the growth of social enterprises. This study aims to analyze the regulation of social enterprises in Thailand, the Philippines, and Singapore and explore relevant and contextual ius constituendum to build a national legal framework for social enterprises in Indonesia. The research method used is a comparative study and literature review of regulations, government policies, and social enterprise development practices in the three countries. The results show that Thailand implements the Social Enterprise Promotion Act that provides legal recognition and fiscal incentives; the Philippines uses a hybrid approach through cooperative regulations and government policies; while Singapore emphasizes ecosystem development through supporting institutions, training, and access to financing. Based on these findings, Indonesia requires a national legal framework that includes formal legal recognition, social and economic accountability, fiscal incentives, and multi-sector collaboration mechanisms, so that social enterprises can play an effective role in sustainable development.
Reconstruction of the Tax Court's Function as a Repressive Legal Instrument in Achieving Justice: Urgency and Future Arrangements Antin Ekaningtyas Widhar Utami; Kadek Januarsa Adi Sudharma; 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.v23i2.7239

Abstract

Tax courts, as part of the judiciary, play a crucial role in achieving justice in society. This research aims to analyze the reconstruction of the tax court's function as a repressive legal instrument in achieving justice, with an emphasis on the urgency and future regulations related to the tax court. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that the urgency of strengthening the position of the Tax Court as a repressive legal instrument is crucial in achieving social justice. This is because the court plays a strategic role as a corrective mechanism that balances government power in tax management, which often has the potential to deviate and harm taxpayers. This aligns with Philipus M. Hadjon's theory of repressive legal protection, where the Tax Court is the final line of defense ensuring the independent and objective enforcement of the rule of law, providing legal space for taxpayers to defend their rights thru objection, appeal, and lawsuit procedures. Therefore, future arrangements to strengthen the position of the Tax Court can be realized thru a comprehensive revision of Law Number 14 of 2002, which integrates the general principles of good governance (GPG) such as the principles of legal certainty, justice, transparency, professionalism, and proportionality, as well as specific principles in tax law. Affirming the finality of decisions and limiting legal remedies, as well as strengthening the principles of non-discrimination and protecting taxpayers' rights, are also important aspects of the revision to create legal certainty and justice.
Law and Society in Transition: Philosophical Reflections on the Dynamics of Justice and Social Change Nur Anisa; I Nyoman Budiana; 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.v23i2.7429

Abstract

The rapid social changes occurring in the modern era place law and society in a dynamic and complex relationship. This study seeks to philosophically analyze the relationship between law and society in the context of ongoing social change, and examines the role of law as both an instrument and a reflection of these social dynamics. This research uses a qualitative approach with a philosophical reflection method on the concepts of justice, norms, and social transformation. The results of the study indicate that law cannot be understood solely as a set of rigid rules, but rather as a historical and cultural product that continues to evolve in line with changing societal values. During periods of social transition, law plays a dual role: on the one hand, it functions as a control instrument to prevent change from causing chaos, and on the other, it acts as a mirror that reflects the aspirations, moral awareness, and demands for justice in society. Philosophically, the relationship between law and society is dialectical—society shapes law, and law, in turn, shapes social behavior. Therefore, justice in the context of a transitional society must be understood dynamically, namely justice that is able to adapt to change without losing its moral foundation. In conclusion, responsive law rooted in social values ​​is a prerequisite for the creation of substantive justice in a constantly changing society.
The Ontology of Crime and Punishment: Philosophical Foundations of Criminal Liability Ni Putu Fitriani; Ni Gusti Agung Ayu Mas Tri Wulandari; 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.v23i2.7499

Abstract

The concepts of crime and punishment in the philosophy of law are not only understood as positive legal constructs, but also as moral and ontological entities that reflect human views on responsibility and justice. An ontological understanding of crime and punishment is essential to affirming the moral foundation of the modern criminal law system. This study aims to examine the ontological nature of crime and punishment and to identify the philosophical foundations that shape the concept of criminal liability. This research is expected to bridge the relationship between morality, free will, and the legitimacy of criminal law. This study uses a qualitative approach with philosophical and hermeneutic analysis methods. The primary data sources come from classical moral philosophy literature and contemporary legal theories related to the concepts of moral and criminal responsibility. The analysis shows that crime is ontologically a violation of the moral order internalized in law. Punishment essentially functions as a moral restoration and affirmation of human rationality, which has freedom of action. Criminal responsibility is only meaningful if the perpetrator is deemed to have moral awareness and the capacity for free will. This study concludes that the philosophical foundation of criminal responsibility lies in the ontological understanding of humans as autonomous moral subjects. Thus, criminal justice is not only legal-formal in nature, but also stems from rational ethics and universal moral values.
Humanism as a New Paradigm in 21st Century Criminal Law Reform I Kadek Prajadwiva Baskara Dana; Kadek Januarsa Adi Sudharma; 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.v23i2.7501

Abstract

21st century criminal law is undergoing a paradigmatic transformation marked by a shift from a retributive paradigm toward a humanistic one. This new paradigm positions human beings as the central subject of law, aiming to create a criminal justice system grounded in humanity, substantive justice, and the protection of human dignity. This study seeks to analyze the construction of humanistic principles as a new paradigm in criminal law and to examine the extent to which Indonesian criminal law—through the new Criminal Code (KUHP)—has adopted restorative and rehabilitative justice values within its legislative framework and enforcement practices. The research employs a normative legal method using a conceptual approach, analyzing primary legal materials such as the 2023 KUHP, secondary materials including academic literature, and tertiary sources such as legal encyclopedias. The data are examined through a descriptive-analytical method to understand the interrelation between legal norms and humanistic values. The findings reveal that the new KUHP has incorporated the principles of humanism, as reflected in the provisions concerning the purposes of punishment, the prohibition of degrading treatment, and the application of restorative justice principles. Nevertheless, its implementation continues to face structural and cultural challenges within law enforcement institutions. This study contributes scientifically by offering a philosophical and normative perspective on humanism as the foundation for national criminal law reform that is just, civilized, and oriented toward social restoration
Artificial Intelligence and Criminal Liability Challenges for Contemporary Penal Law Kadek Panji Kumara Adi; I Made Wirya Darma; 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.v23i2.7502

Abstract

Contemporary criminal law faces a significant paradigmatic challenge with the emergence of Artificial Intelligence (AI) as a non-human entity capable of autonomous action and producing legally relevant consequences. The traditional criminal law system—rooted in an anthropocentric paradigm that attributes mens rea and actus reus exclusively to human actors—has become inadequate in explaining liability within the context of autonomous and adaptive algorithmic decision-making. This study aims to analyze how the criminal law system responds to actions and decisions generated by AI that result in legal consequences, and to formulate a conceptual model of AI criminal liability that ensures legal certainty, justice, and accountability. The research employs a normative legal method with a conceptual approach. The findings reveal that the criminal law system encounters both a culpability gap and a liability gap due to the absence of a legal subject that can be held directly accountable for AI’s actions. A reconstruction of the criminal law paradigm is therefore necessary through the adoption of a hybrid criminal liability framework that integrates human, corporate, and AI accountability based on the degree of control and risk creation. This study recommends limited recognition of electronic personhood for certain AI entities, alongside the application of risk-based accountability and the precautionary principle as new normative foundations for establishing an adaptive, accountable, and just criminal law system in the digital era
Co-Authors Anisa Defbi Mariana Antin Ekaningtyas Widhar Utami Antonio Gutiérrez Pozo Bagus Gede Ari Rama I Gede Putu Harry Gelary Astawa I Gede Yudi Mahendra I Kadek Prajadwiva Baskara Dana 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 Satria Wibawa Putra Mochammad Lukman Hakim N Agus Adyatma Narwadi Ni Gusti Agung Ayu Mas Tri Wulandari Ni Komang Sri Oka Mariana Dewi Ni Putu Fitriani Ni Putu Pera Krisna Dewi Nur Anisa Primanto Tantiono Putu Anggi Abelia Artha Virgina Ayu Aisyah