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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 1,613 Documents
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Harmonisasi Perlindungan Tumpang Tindih Hak Cipta dan Hak Desain Industri: Studi Perbandingan antara Indonesia dan Australia Rohmana, Rubben Denova; Ramli, Ahmad M.; Ramli, Tasya Safiranita
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.v24i2.6615

Abstract

One of the crucial problems in the scope of intellectual property today is the phenomenon of overlap between copyright and industrial design rights. One of the important things to study is the existence of legal regulations that have been harmonized and effective to overcome these problems. In this research, the method used is a statutory and comparative approach with analytical descriptive specifications. This study found that the overlap of copyright and industrial design rights law has not been regulated and harmonized properly in Indonesian positive law. The results of this study indicate that by not harmonizing the protection of copyright with industrial design rights in Indonesia, Indonesia does not have legal certainty and has a legal gap in the enforcement of rights and settlement of disputes when compared to Australia. Therefore, harmonization between copyright and industrial design rights law is needed, including the necessary reforms to provide legal certainty for creators and industry players in the future.
Pengaturan yang Tepat atas Merek Kolektif untuk UMKM Berdasarkan Kepastian Hukum: Studi Perbandingan dengan Brasil Rachmawati, Audiya Dewi; Permata, Rika Ratna; Rafianti, Laina
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.v24i1.6616

Abstract

Collective trademarks can be an alternative for trademark protection for Micro, Small, and Medium Enterprises (MSMEs) considering the greater benefits compared to regular trademarks. In 2024, there was an increase in the number of collective trademark applications, indicating that the public, especially MSMEs, are becoming more aware of the importance of trademark protection. However, issues have been found in the legislation regarding collective trademarks. This article aims to formulate the appropriate arrangements of collective trademark legislation that align with the MSME climate in Indonesia to achieve legal certainty. The research method used is normative juridical with a statutory approach, a conceptual approach, and a comparative approach. The regulation of collective trademarks in Indonesia will be compared with Brazil based on Law No. 9.279 of May 14, 1996, as amended by Law No. 14.200 of September 2, 2021. This research found that Law Number 20 of 2016 still contains several issues, namely the ambiguity of norms and articles that lead to multiple interpretations among the public. The provisions on collective trademarks in the Regulation of the Minister of Law and Human Rights Number 67 of 2016 (MIG Law) regulate substance similar to that stated in the MIG Law, whereas it should provide a more detailed and technical explanation. On the other hand, Law Number 15 of 2001, which was the previous regulation before the enactment of the MIG Law, provides a more comprehensive regulation on collective trademarks compared to the MIG Law. Thus, the legislation regarding collective trademarks does not yet provide legal certainty. The comparison with Brazil provides recommendations for appropriate arrangements, indicating the need for revisions and improvements to the legislation on collective trademarks to meet the need for more adequate regulations.
Marketing Magic or Just Hype? The AI Factor in Indonesia’s MSME Growth Johni Eka Putra; Lili Adi Wibowo; Siska Armawati Sufa; Nindi Aristi; Irzameingindra Putri Radjamin
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.v24i2.6625

Abstract

This research investigates the strategic influence of artificial intelligence (AI) adoption on the competitiveness of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, emphasizing the mediating role of innovation diffusion. By synthesizing the Technology Acceptance Model (TAM), the Diffusion of Innovations (DOI) theory, and the Resource-Based View (RBV), the study analyzes how perceived usefulness and ease of use contribute to the attainment of sustained competitive advantage. Employing a quantitative methodology, the analysis was conducted using Partial Least Squares Structural Equation Modeling (PLS-SEM) on data collected from 160 MSMEs. The measurement model demonstrated strong reliability and validity. The findings reveal that technology adoption exerts a significant effect on both innovation and competitiveness, with innovation serving as a partial mediator. The R² and Q² values reflect moderate explanatory and predictive capacity. This study provides both theoretical contributions and practical recommendations for fostering digital transformation in the MSME sector through AI-driven innovation.
The Role of State Administrative Law in Preventing Criminal Acts of Corruption By State Officials Andrias, Maria Yeti
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.v24i2.6627

Abstract

Corruption in Indonesia is a serious problem, considered an extraordinary crime because of its widespread impact, detrimental to state finances, and damaging the nation's morals and integrity. This research aims to evaluate the role of state administrative law in preventing criminal acts of corruption by state officials, identify factors that influence its effectiveness, and formulate strategies for eradicating corruption from the perspective of state administrative law. The research method used is normative juridical analysis with statutory, conceptual and comparative approaches. Research findings confirm that state administrative law plays a crucial role in preventing corruption through the formulation of clear regulations, effective supervision, and implementation of administrative sanctions. However, its effectiveness is often hampered by weak law enforcement, lack of transparency, and political interference. Factors such as accountability, transparency and bureaucratic integrity have a significant influence on the success of administrative law in fighting corruption. The recommended strategy for eradicating corruption includes strengthening supervisory institutions, increasing the level of openness, community participation, and using information technology to increase efficiency and transparency in government administration.
The Essence of Muallaf as a Zakat Recipient According to the Interpretation of Surah At-Tawbah Verse 60 Nainunis, Nainunis; Abubakar, Al Yasa'; Sabil, Jabbar; Iqbal, Muhammad; Saputra, Dian
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.v24i2.6631

Abstract

Muallaf (new converts to Islam) are one of the eight categories (asnaf) entitled to receive zakat, as mentioned in Surah At-Tawbah verse 60. However, the essence and criteria of muallaf are not clearly defined, raising questions about who truly qualifies under this category. This study aims to examine the concept of muallaf from the perspective of maqāṣid al-sharī‘ah by analyzing relevant textual evidence, including hadiths and Qur’anic exegesis. The research employs a library research method to explore and examine data from literary sources in depth. The process includes collecting, reviewing, recording, and processing relevant references. More than mere reading and documentation, library research demands analytical skills to produce systematic and meaningful findings. This study adopts a qualitative normative approach. Specifically, it falls under the category of normative Islamic legal research with a philosophical orientation, as it seeks to uncover and understand the core values and fundamental principles within Islamic legal norms that guide legal reasoning. The findings of this study, based on the interpretation of Surah At-Tawbah verse 60, categorize muallaf into two groups: Muslim muallaf and non-Muslim muallaf. The former includes: individuals newly converted to Islam whose faith is still fragile; respected Muslims who lead their communities; Muslims willing to strive and engage in jihad against non-believers; and Muslims needed to collect zakat from those unwilling to give. The latter group consists of: individuals expected to convert to Islam, and individuals whose harm is feared
The Binding Authority of DSN-MUI Fatwas in the National Legal System: An Analysis from the Perspective of Islamic Law and Legislative Theory Abdullah Lawang, Karimuddin; Zulfikri, Zulfikri; Peristiwo, Hadi; Hanuddin, La; Nurdin, Nurdianasari; Habib, Muhamad
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.v24i2.6633

Abstract

The National Sharia Council of the Indonesian Ulema Council (DSN-MUI) plays a central role in shaping the principles of Islamic economic law in Indonesia through its fatwas. These fatwas serve as primary references in the practices of Islamic financial institutions. However, the legal status of DSN-MUI fatwas within national legislation remains a subject of debate, particularly regarding their binding authority. This article aims to analyze the position of DSN-MUI fatwas from the perspective of Islamic law and legislative theory within the national legal system. This study employs a qualitative method with a normative and literature-based approach, examining various legal regulations and legal theories. The findings indicate that in Islamic law, fatwas are not absolutely binding unless institutionalized by an official authority. In the national context, DSN-MUI fatwas attain functional binding power as they are used as references in regulatory frameworks by Bank Indonesia, the Financial Services Authority (OJK), and Islamic financial institutions. Although these fatwas do not possess formal legal authority within the hierarchy of national legislation, they have become part of the living law that is internalized in national economic legal practices. Therefore, normative reinforcement is needed through explicit recognition in sectoral regulations to prevent legal vacuums. This study recommends the codification of DSN-MUI fatwas into derivative regulations to enhance their juridical legitimacy in supporting a just and legally certain Islamic economic legal system.
Legal Policy on Strengthening the Existence of the Indonesian National Border Management Agency (BNPP RI) in Resolving Border Area Disputes of the Unitary State of the Republic of Indonesia Based on Law Number 43 of 2008 Concerning State Territory Belly Isnaeni; Edi Sofwan
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.v24i1.6634

Abstract

The method used in this study is a normative research type based on the study of border area law analysis, research specifications focus on discussing the challenges and existence carried out by the BNPP RI. Primary data from the study and analysis of legislation and secondary data based on in-depth analysis of literature sources in books, journals, proceedings and other scientific article sources. The analysis in this study uses descriptive analysis of laws and cases that have occurred in the field analyzed based on sources of settlement of agreements and decisions. The results of the first study, that BNPP has many challenges related to the problems of border disputes both domestically and abroad, these challenges can be resolved by BNPP. However, the limitations of budget problems, human resources, coordination between border areas in all provinces that are too broad and the development of technology for borders between regions is still not optimal. Second, the existence of the National Border Management Agency of the Republic of Indonesia (BNPP RI) must be strengthened, based on Article 14 Paragraph (2) BNPP is directly responsible to the President, but in its implementation there needs to be coordination with other institutions and Regional Governments in carrying out its duties and authorities. as if it does not have the principle of independence in accordance with the mandate of the law.
Paradigm Changes in Proving Unlawful Acts in Corruption Crimes Following Constitutional Court Decision Number 25/PUU-XIV/2016 Sulaiman, Abdullah; Cahyadi, Dedy; Iwansyah; Prasetyo, Rahmad; Pambudi
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.v24i2.6648

Abstract

The Constitutional Court Decision Number 25/PUU-XIV/2016 has marked an important turning point in the enforcement of corruption law in Indonesia, especially in proving the element of state financial loss. Before this decision, the formal approach that emphasized procedural violations without the need to prove actual losses was still commonly used. However, after the decision, the legal interpretation shifted towards a material approach that required actual loss to prove corruption. This change has quite complex legal and practical consequences, ranging from increasing the burden of proof for public prosecutors, and dependence on the results of audits of state financial institutions to technical challenges in coordination between law enforcers. This study comprehensively examines the development of legal interpretation before and after the Constitutional Court decision, and its impact on the evidentiary process, and formulates strategic steps that can be taken to strengthen the effectiveness of corruption eradication while ensuring legal certainty for the parties.
The Role and Limitations of the Village Secretary’s Authority in the Absence of a Village Head Rachmawati, Meida; Susano, Adhi
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.v24i2.6649

Abstract

This study discusses the role and limitations of the Village Secretary’s authority in filling the vacancy of the Village Head position, which has become a crucial issue in village governance. Although the Village Secretary is the highest structural official after the Village Head, regulations governing the delegation of authority during a vacancy are still minimal and not explicit. The study uses a normative and empirical approach by analyzing laws and regulations as well as field practices in several villages. The results of the study indicate that the appointment of an Acting Village Head (Plt) by the regional government is the only legal mechanism that can provide full legitimacy to the authority of the Village Head. Delegating authority to the Village Secretary without an official legal basis risks triggering legal, administrative, and social conflicts, as well as potential legal liability. Therefore, clear regulations and firm procedures are needed, along with the development of village officials, to ensure that village governance continues to function effectively and accountably during the transition period of the Village Head position
The Authority of Judges to Independently Determine the Amount of State Financial Losses in Verdicts on Corruption Cases KMS Herman; Anesia, Nila; Rukmana, Indra Jaya; Amelia, Rini Fitri Octa; Marpaung, Raja Robert
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.v24i2.6650

Abstract

Law enforcement in corruption cases in Indonesia often faces challenges related to proving the element of state financial loss. One of the issues that arises is the authority of judges to independently determine the amount of state loss without relying on an official audit by state audit institutions such as the Audit Board of Indonesia (BPK) or the Financial and Development Supervisory Agency (BPKP). This study employs a normative juridical research method using a statute approach and an analytical approach to examine the legal basis, judicial practices, and implications of such authority. The findings indicate that although Article 183 of the Indonesian Criminal Procedure Code (KUHAP) grants judges the authority to decide based on at least two valid pieces of evidence, the absence of an official audit can lead to legal uncertainty, the risk of judicial error, and violations of the defendant’s right to a fair trial. Therefore, harmonization between regulations and judicial practice is necessary to ensure legal certainty, protection of human rights, and the effectiveness of corruption eradication.

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