Pena Justisia: Media Komunikasi dan Kajian Hukum
Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, and Environmental Law.
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<![CDATA[CLIMATE CHANGE LITIGATION IN INDONESIA: CORPORATE LIABILITY AND STATE RESPONSIBILITY AS CLIMATE CHANGE MITIGATION TO SUPPORT SUSTAINABLE DEVELOPMENT GOALS ]]>
<![CDATA[Ni Wayan Wirawati]]>;
<![CDATA[Soeparto Wijoyo]]>;
<![CDATA[Agus Yudha Hernoko]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5981
<![CDATA[Global climate change due to environmental damage departed from an understanding on the anthropocentrism perspective onenvironment making human beings the center of everything on earth and thereby exploiting the natural resource as much as possible. The unwise exploitation of land in Indonesia results in forest or land fire exerting the effect of globalwarming leading to global climate change and endangering the life, particularly the fulfillment of human rights to good andhealthy living environment. Corporate liability and state responsibility are two important points in addressing the climate change in Indonesia. Indonesia has been committed to contributing to addressing climate change by ratifying an international agreement, Paris Agreement, to reduce greenhouse gas emission and to actively prevent climate change. The enforcement of environmental law through litigation is carried out using various mechanisms for filing environmental lawsuit to demand compensation for economic and ecological losses and restoration of environmental damage against corporation]]>
<![CDATA[Strategies for Accelerating MSME Financing Distribution at Bank Aceh in Compliance with Aceh Qanun No. 11 of 2018 ]]>
<![CDATA[Murizal, Irvan]]>;
<![CDATA[Soemitra, Andri]]>;
<![CDATA[Rahmani, Nur Ahmadi bi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5995
<![CDATA[After the issuance of Qanun Aceh Number 11 of 2018 concerning the Development of MSMEs (Article 60 paragraph 4), the Islamic financial system in Aceh Province has undergone a transformation, including Bank Aceh, whose target for MSME distribution has reached 40%, but distribution is still 14.53%, so the purpose of this article is to find out the strategic model for accelerating MSME financing of Bank Aceh Syariah in achieving Qanun 11 of 2018. This research methodology uses a qualitative approach to experts with Intepretative Structural Modeling (ISM). The results show that the right strategy to accelerate MSME financing in achieving Qanun No. 11 can be realized with ISM analysis there are several conditions that need to be strengthened to support Bank Aceh's goals in accelerating MSME financing in accordance with Qanun No. 11 of 2018. The results explore strategies to accelerate the distribution of MSME financing at Bank Aceh in order to fulfill Aceh Qanun No. 11 of 2018. This research analyzes four key elements: needs, constraints, institutions involved, and effectiveness. From the needs element, the main focus is on improving financing accessibility which includes providing clear information and training for MSME actors. The constraints element identifies the issue of unbankable MSMEs, i.e. business actors who do not meet the requirements to obtain financing due to lack of documentation or collateral. In terms of institutions involved, local governments play an important role in creating an enabling environment for MSMEs through policies and development programs. Finally, effectiveness is measured through the increase in the number of MSMEs that successfully obtain financing and its impact on economic growth in Aceh. ]]>
<![CDATA[The Urgency Of Establishing Independent State Institutions In The State System In Indonesia ]]>
<![CDATA[Karyono, Hadi]]>;
<![CDATA[Retno Mawarini S]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.3613
<![CDATA[The essence of this research is to examine the urgency of establishing various independent state institutions in the constitutional system in Indonesia, as well as their correlation in achieving state goals. The method in this research uses normative juridical research (studiPustaka) which is research that examines document studies using various secondary data such as statutory regulations, court decisions, legal theory, and can be the opinions of scholars. Meanwhile, the research type is descriptive qualitative. The results of the research show that the formation of state institutions in the constitutional system in post-reform Indonesia has seen a lot of growth and decline in independent state institutions, this is greatly influenced by the power holders, and also depends on the legal basis for the formation of these state institutions, especially independent state institutions whose regulations are under the law. After the reform, the formation of independent state institutions occurred through Laws/Perpu, Presidential Regulations, Government Regulations and other government regulations with different names. State institutional arrangements that do not have strong legitimacy result in independent state institutions being easily dissolved]]>
<![CDATA[Legal Protection For Creators For Plagiarism Of Derivative Copyright Works According To Law Number 28 Of 2014 Concerning Copyright ]]>
<![CDATA[Dwiana, I Gede Feldika]]>;
<![CDATA[Laksmi Dewi, Cokorde Istri Dian]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.4493
<![CDATA[This investigates points to decide the part of law in ensuring subordinate works and how the legitimate system directs their security. As well as what is the part of the institution or office of the Directorate Common of Mental Property Rights in dealing with cases of copyright encroachment related to subsidiaries. This inquire about employments a regulating juridical approach. The sort of information utilized is auxiliary information. The comes about of this inquire about relate to the legitimate assurance of subordinate works, the shapes and cases of which are objects that are not clearly controlled within the Copyright Law. These isolated or isolated security arrangements are not clarified assist, coming about in legitimate vulnerability with respect to how subsidiary works are ensured. The part of the Institution and the Directorate Common of Mental Property Rights in taking care of cases of copyright encroachment related to subsidiary works is exceptionally critical, particularly in settling debate between the parties included within the copyright encroachmentTRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian // TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack// This page is in English Translate to Indonesian AfrikaansAlbanianAmharicArabicArmenianAzerbaijaniBengaliBulgarianCatalanCroatianCzechDanishDutchEnglishEstonianFinnishFrenchGermanGreekGujaratiHaitian CreoleHebrewHindiHungarianIcelandicIndonesianItalianJapaneseKannadaKazakhKhmerKoreanKurdish (Kurmanji)LaoLatvianLithuanianMalagasyMalayMalayalamMalteseMaoriMarathiMyanmar (Burmese)NepaliNorwegianPashtoPersianPolishPortuguesePunjabiRomanianRussianSamoanSimplified ChineseSlovakSlovenianSpanishSwedishTamilTeluguThaiTraditional ChineseTurkishUkrainianUrduVietnameseWelsh Always translate English to IndonesianPRO Never translate English Never translate jurnal.unikal.ac.id]]>
<![CDATA[Legal Regulation Against Artificial Intelligence (AI) in the Context of Intellectual Property ]]>
<![CDATA[Rama Mahadewa, Dewa Gede]]>;
<![CDATA[Laksmi Dewi, Cokorde Istri Dian]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.4633
<![CDATA[The growing use of Artificial Intelligence (AI) presents new challenges in the domain of intellectual property law. This study focuses on the position and legal standing of AI in intellectual property law and its regulatory provisions in Indonesia. This study uses normative juridical law research methods with a statute approach and a conceptual approach to explore the concepts/theories and legal rules that underlie the legal status of AI in the context of intellectual property materially and in the context of intellectual property legal disputes in the digital era. This review is expected to aim to clarify the position of AI in the development, protection, and utilization of works in the digital era in a complex manner to face the challenges of the times]]>
<![CDATA[Reviewing Law Enforcement on Small and Medium Enterprise Partnerships in Indonesia from a Competition Law Perspective ]]>
<![CDATA[Afriana, Anita]]>;
<![CDATA[Fakhriah, Efa Laela]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5132
<![CDATA[Micro, small, and medium enterprises (MSMEs) play a crucial role in the economic development of Indonesia. One activity MSMEs can engage in is forming partnerships. These partnerships are established through innominate contracts, which, in principle, constitute partnership agreements. The Business Competition Supervision Commission, or Komisi Pengawasan Persaingan Usaha (KPPU), holds the authority to oversee both the formation and performance of partnership agreements entered into by MSMEs. This article uses a normative juridical approach with qualitative data to evaluate the supervisory role of KPPU in overseeing the performance of partnership agreements and the amicable settlement of disputes through changes in behavior under competition law. The results conclude that KPPU oversees compliance with the agreements and performance in accordance with general contractual principles, specifically those that must be included in partnership agreements. KPPU’s supervision, as part of law enforcement, occurs in two phases: the preliminary stage and the subsequent stage. In the subsequent stage, KPPU may impose administrative sanctions and criminal compensation based on the material facts of the proceedings. If the reported party changes their behavior during the preliminary stage, the proceeding may be terminated, allowing the dispute to be settled amicably. This approach should be prioritized as part of restorative justice, as it emphasizes law enforcement focused on restoring the original state and reestablishing harmonious relationships within society.]]>
<![CDATA[Changes in the Composition of Foundation's Organs Without Supervisory Board Meetings and the Foundation's Articles of Association ]]>
<![CDATA[kalyana, merry]]>;
<![CDATA[Sigit, Antarin Prasanthi]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5186
<![CDATA[Changes to the composition of the foundation's organs should be based on a meeting of the supervisors or determined otherwise based on the foundation's articles of association. This is to provide certainty for foundations to carry out legal actions, both internally and externally. However, in practice there are also changes in the composition of organs that are not in accordance with the regulations in Article 28 in conjunction with Article 32 in conjunction with Article 44 of Law Number 28 of 2024, an amendment to Law Number 16 of 2001 concerning Foundations, hereinafter referred to as the Foundation Law. This of course can trigger development due to legal flaws as found in the case of the Banjarmasin High Court Decision Number 83/PDT/2022/PT BJM, the dispute in the a quo decision was triggered by changes to the foundation's organs which resulted in a meeting which may not have decided. cessation of foundation organs. Therefore, the aim of this research is to analyze the results of legal changes to foundation organs that are not based on supervisory meetings or based on the provisions of the foundation's articles of association. As well as, analyzing legal protection for administrators who are dismissed from their positions based on meetings that do not have the right to make dismissal decisions. This doctrinal legal research collects secondary data through literature study, which is then analyzed qualitatively. From the results of the analysis, it can be explained that the legal consequences of changes to the foundation's organs that do not comply with the provisions as found in the case of the a quo decision are that the legal consequences of changes to the composition of the foundation's organs that are not based on a meeting of supervisors or provisions in the Articles of Association are invalid and null and void by law. because changes to the composition of the foundation's organs are part of changes to the articles of association regulated in article 18 of the Foundation Law. As for legal protection for administrators who are dismissed from their positions based on meetings where decisions are not appropriate, preventive legal protection is carried out in the realm of administrative, civil and criminal law which gives rise to The obligation to pay compensation by the Defendant to the Plaintiff as the injured party and dispute resolution arise from the existence of repressive legal protection through the courts.]]>
<![CDATA[Juridical Implications On The Implementation Of The Position Of A Notary In Processing Business Licenses Online Through OSS RBA (Online Single Submission Risk Based Approach) ]]>
<![CDATA[Sinaga, Yehezkiel Caestama]]>;
<![CDATA[Putra, Mohamad Fajri Mekka]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5193
<![CDATA[Licensing is a crucial aspect in business to ensure orderly administration, which is a prerequisite for establishing a business entity. Notaries, who have the responsibility to make authentic deeds in the process of establishing an entity, have limited authority based on the Law on the Position of Notaries. Often, notaries are involved in licensing activities using the Online Single Submission Risk-Based Approach (OSS RBA), although this is not specifically regulated in the regulations that apply to notaries. The author raises the issue regarding the limitations of the responsibilities that notaries have in carrying out business permits in the process of obtaining business permits through the RBA OSS and the relevant legal provisions for notaries involved in processing these permits. The research method in this research is doctrinal legal research using a legislation-based approach. The results of the research reveal that regulations related to risk-based licensing do not explicitly give authority to notaries to process business permits only with a power of attorney. Apart from that, sanctions against notaries who violate the provisions in processing business permits through the RBA OSS have not been adequately regulated in the code of ethics or the Law on Notary Positions.]]>
<![CDATA[Legal Protection for Public Shareholders on Forced Delisting of Securities by the Indonesian Stock Exchange ]]>
<![CDATA[Kusuma, Darren Mayer Hadi]]>;
<![CDATA[Chumaida, Zahry Vandawati]]>;
<![CDATA[Widyantoro, Agus]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5262
<![CDATA[This study discusses the legal protection for public shareholders in the event of a forced delisting. This legal protection includes sanctions for public companies that fail to fulfill their legal obligation to repurchase all public shares. The novelty of this research lies in the fact that it not only examines the legal protection for investors that is normatively regulated by law but also delves into the legal responsibility for the losses suffered by investors as public shareholders when a public company fails to repurchase public shares following a forced delisting. The research employs a normative juridical method using a literature review of primary and secondary legal materials. The legal responsibility of a public company for investor losses is based on an unlawful act (onrechtmatige daad) committed by the public company for not fulfilling its legal obligation to repurchase all public shares as stipulated in OJK Circular Letter Number 13/SE.OJK.04/2023. The results show that investors have the right to legal protection in the event of a de-listing. These protections include the company's obligation to buy back all public shares, which is regulated in OJK Regulations. If the company does not fulfill this obligation, investors may suffer losses that can be remedied through administrative sanctions from OJK, such as warnings, fines, or revocation of business licenses. Companies that fail to fulfill their buyback obligations are considered to have committed an unlawful act and are liable for any losses suffered by investors. Therefore, listed companies need to be more compliant with capital market regulations to maintain investor confidence and market stability, as well as protect the rights of public shareholders.]]>
<![CDATA[Legal Regulations Regarding the Placement of Medical Personnel on Domestic Civil Passenger Aircraft in Indonesia Reviewed from Law Number 1 of 2009 Concerning Aviation ]]>
<![CDATA[Saputra, Toha Achmad]]>;
<![CDATA[Miharja, Marjan]]>
<![CDATA[ Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pekalongan ]]>
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DOI: 10.31941/pj.v24i1.5327
<![CDATA[Airplanes are one of the main choices of air transportation for Indonesian people. During the flight, passengers sometimes experience various health problems that require the assistance of medical personnel. This study aims to analyze the legal regulations for the placement of medical personnel on domestic civil passenger aircraft based on Law No. 1 of 2009 concerning Aviation at this time, and to analyze future legal regulations regarding the placement of medical personnel on domestic civil passenger aircraft in Indonesia. This research method is normative juridical, using a statutory regulatory approach. From the results of this study, the placement of medical personnel on domestic civil passenger aircraft in Indonesia has not been regulated in Law No. 1 of 2009 concerning Aviation. For future legal regulations, regarding the placement of medical personnel on domestic civil passenger aircraft in Indonesia, legal regulations must be immediately stipulated. These legal regulations can be added to Law No. 1 of 2009 concerning Aviation. The government, the Indonesian House of Representatives, airlines and related parties must immediately stipulate these legal regulations to fill the legal gap and provide legal certainty to medical personnel and airlines.]]>
