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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Kadek Januarsa Adi Sudharma
Fakultas Hukum, Universitas Pendidikan Nasional, Denpasar, Bali, Indonesia
Law, Crime, Criminology & Criminal Justice

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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
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

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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.
Business Law Futurism: Between Market Rationality and Human Komang Suputra Kurniawan; 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

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Abstract

The rise of digital technologies has brought substantial changes to the way business is conducted, regulated, and understood. As companies increasingly rely on algorithmic systems, data-driven decisions, and platform-based markets, business law is pushed to evolve beyond its conventional functions. Yet, these rapid changes also reveal a growing gap: while market efficiency continues to advance, the ethical and human dimensions of law risk being overshadowed. This study explores how business law can remain relevant and principled in the midst of these shifts, especially when technological progress challenges long standing legal assumptions about responsibility, fairness, and accountability. In today’s digital economy, legal norms no longer operate solely through state regulation. Instead, they intersect with platform rules, automated systems, and global standards that influence behaviour as strongly as formal law—sometimes even more. This blending of authorities creates real uncertainty: Who is accountable when algorithms decide outcomes? How can ethical considerations be upheld when market logic prioritises speed over reflection? These questions underline the need for a more grounded understanding of how law should respond to technological acceleration. This article argues that the future strength of business law lies in restoring its ethical orientation while still embracing innovation. Law must continue to protect human dignity, ensure fairness, and maintain transparency, even as markets demand efficiency. Rather than treating technology as something that diminishes the role of law, this study views law as a guide that should shape the direction of technological development. By strengthening its moral foundation, business law can adapt to digital transformation without losing its core purpose. Ultimately, the article emphasises that progress should not come at the cost of justice, and that a human-centred legal system remains essential in navigating the complexities of modern economic life.
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. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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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
Co-Authors Antin Ekaningtyas Widhar Utami I Gede Agus Kurniawan I Gede Yudi Mahendra I Kadek Prajadwiva Baskara Dana Komang Suputra Kurniawan Putu Anggi Abelia Artha