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Pena Justisia: Media Komunikasi dan Kajian Hukum
Published by Universitas Pekalongan
ISSN : 14126605     EISSN : 23016426     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 1,243 Documents
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Legal Updates Regarding Industrial Design Rights for Micro, Small, and Medium Enterprises: A Pancasila Economic Perspective Dewi, Kadek Putri Nirmala; Kurniawan, I Gede Agus
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.
Hukum Acara Perdata dalam Penyelesaian Sengketa Perdata: Tinjauan Teori Hukum Responsif Nonet dan Selznick Putra, I Putu Windu Semara; Kurniawan, I Gede Agus
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.
The New Regulations on Land Management Rights (HPL) to Increase Investment Dwiyatmi, Sri Harini; Hutajulu, Marihot Janpieter; Novitasari, Selvie; Amitha, Exsa Nur Chika
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.v24i1.7125

Abstract

Land Management Rights (HPL) are an agrarian legal instrument that plays a strategic role in managing state assets. However, procedural complexity, overlapping regulations, and limited investor access to state land often hinder the creation of a conducive investment climate. The government introduced new regulations regarding HPL to address these issues by strengthening legal certainty, simplifying cooperation mechanisms, and increasing transparency. This article aims to examine the substance of the new HPL regulations and analyze their implications for increasing investment in Indonesia. The research uses a normative juridical method with a legislative approach and qualitative analysis of policy documents and implementation practices. The study results indicate that the new regulations provide greater flexibility for HPL holders in collaborating with investors while simultaneously reducing bureaucratic obstacles. However, challenges such as harmonizing regulations and protecting surrounding communities still require attention to ensure sustainable investment growth.

Page 125 of 125 | Total Record : 1243

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