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All Journal PENA LAW: International Journal of Law
Tubagus Achmad Doradjat
Rajamangala University Of Technology Krungthep, Thailand
Law, Crime, Criminology & Criminal Justice Social Sciences

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Balancing Privacy and Digital Security: A Transnational Approach to International Data Protection Law: Balancing Privacy and Digital Security: A Transnational Approach to International Data Protection Law Riko Nugraha; Yuhelson Yuhelson; Tubagus Achmad Doradjat
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.288

Abstract

The growing tension between privacy rights and national security interests in the digital age points to a normative crisis in global data governance. While the European Union has adopted a rights-based approach such as the General Data Protection Regulation, many other jurisdictions have instead adopted sectoral or security-based models that widen international legal fragmentation. This article analyzes how transnational legal instruments—particularly Convention 108+, the APEC CBPR system, and OECD guidelines—can serve as a normative bridge in reconciling these differing regimes. Using a comparative-normative legal research method, this study proposes the concept of “digital precautionary principles” as a new paradigm for balancing individual privacy with legitimate security needs. The research highlights the limitations of soft law in ensuring cross-border accountability and emphasizes the importance of a principle-based harmonization approach. Conceptually, this article expands the normative framework in transnational data protection law and practically provides policy guidance for developing countries in building fair and adaptive legal infrastructure for data protection. In the midst of increasingly intensive global interconnectedness, privacy protection that does not sacrifice collective security can only be achieved through anticipatory, interoperable, and rights-based global norms.
Legal Immunity of Advocates as a Constitutional Guarantee for Access to Justice and Democratic Accountability: Legal Immunity of Advocates as a Constitutional Guarantee for Access to Justice and Democratic Accountability Iwan Chandra; Atma Suganda; Tubagus Achmad Doradjat
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.295

Abstract

Advocates are essential to upholding the rule of law and ensuring access to justice; yet, they often face intimidation and criminalization when handling sensitive cases. While international instruments, such as the United Nations Basic Principles on the Role of Lawyers (1990), recognize the importance of legal immunity, its constitutional protection and implementation vary significantly across jurisdictions. Employing a normative juridical approach that integrates doctrinal, comparative, and conceptual analyses, this study finds that European legal systems generally provide stronger constitutional safeguards. In contrast, many Latin American and Asian jurisdictions offer comparatively weaker protections. The findings affirm that advocates’ immunity is not merely a professional privilege but a constitutional guarantee essential to equal access to justice and democratic accountability. This study contributes to scholarly discourse by reframing advocates’ immunity within a constitutional and democratic framework. It further offers practical recommendations for policymakers and professional associations to strengthen legal protections, thereby enhancing both the independence of advocates and the resilience of democratic systems.
Life Imprisonment and Harsh Sentences for Juveniles: A Critical Analysis under International Human Rights Law: Life Imprisonment and Harsh Sentences for Juveniles: A Critical Analysis under International Human Rights Law Ayu Putri Bhayangkari; Maryano Maryano; Tubagus Achmad Doradjat
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.297

Abstract

This study critically examines the imposition of life imprisonment and harsh sentences on juveniles through the lens of international human rights law. Employing a normative-qualitative and comparative framework, the research analyzes core international instruments—including the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture (CAT)—alongside relevant case law and global jurisprudential trends. The findings reveal a significant compliance gap between established international standards and domestic implementation, particularly in jurisdictions that continue to enforce juvenile life imprisonment without parole. The study argues that such sentencing practices contravene fundamental human rights principles, including the best interests of the child, and constitute cruel, inhuman, or degrading treatment under international law. Moreover, these approaches are scientifically untenable, ignoring developmental and neuroscientific evidence underscoring juveniles’ capacity for rehabilitation. In contrast, progressive reforms in Europe and Latin America reflect a growing shift toward restorative justice and child-centered penal models. By integrating normative analysis with comparative insights, this research contributes to academic and policy discourse on juvenile justice, offering actionable guidance for realigning domestic legal frameworks with international human rights obligations. It ultimately emphasizes the urgent need for states to abandon punitive sentencing in favor of rehabilitative approaches that are both rights-compliant and empirically grounded.
Constitutional Dimensions of Land Rights in the Era of Climate Change and Food Security: A Transnational Perspective from Indonesia: Constitutional Dimensions of Land Rights in the Era of Climate Change and Food Security: A Transnational Perspective from Indonesia Astrid Ardhiati; Indah Riyanti; Tubagus Achmad Doradjat
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.305

Abstract

Land rights are constitutionally guaranteed in Indonesia, yet their role in addressing global challenges of climate change and food security remains underdeveloped. This study explores the constitutional dimensions of land rights in relation to climate change adaptation and food security, while situating Indonesia within international legal frameworks such as the Paris Agreement, ICESCR, and VGGT. Using a normative juridical method combined with comparative and transnational analysis, the research examines constitutional provisions, agrarian regulations, and relevant international norms. The findings reveal a persistent gap between the normative ideals of Article 33(3) of the 1945 Constitution—which mandates land use for the prosperity of the people—and policy implementation that often prioritizes economic growth over ecological sustainability. Comparative insights from India, Brazil, and South Africa demonstrate how land rights can function as constitutional tools to enhance resilience and food security. By contrast, Indonesia’s fragmented agrarian, food, and climate policies undermine this constitutional potential. This study argues for a reinterpretation of constitutional land rights, shifting from an economic orientation toward a sustainability paradigm. The novelty lies in connecting land rights with the Right to Food and sustainable development, offering theoretical enrichment to constitutional law discourse and practical policy guidance for aligning national agrarian governance with international obligations.
Co-Authors Astrid Ardhiati Atma Suganda Ayu Putri Bhayangkari Indah Riyanti Iwan Chandra Maryano Maryano Riko Nugraha Yuhelson Yuhelson