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All Journal PENA LAW: International Journal of Law
Alan Robert White
Rajamangala University Of Technology Krungthep, Thailand
Law, Crime, Criminology & Criminal Justice Social Sciences

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Between Sovereignty and Inclusion: Recognition of Customary Law in Constitutional Systems under International Supervision: Between Sovereignty and Inclusion: Recognition of Customary Law in Constitutional Systems under International Supervision Jamhari Sugara; Muhammad Arya Wijaya; Alan Robert White
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.v4i1.290

Abstract

The recognition of customary law in constitutional systems creates normative and institutional tensions between state sovereignty and international oversight. Through a comparative study of five jurisdictions—Canada, Bolivia, South Africa, Indonesia, and New Zealand—this research explores how modern constitutions integrate customary law systems while maintaining compliance with global human rights standards and constitutional principles. Findings reveal diverse approaches, ranging from symbolic to substantive recognition, influenced by domestic political configurations and varying levels of international intervention. Using a theoretical framework of inclusive constitutionalism and interlegalism, this study argues that the coexistence of state law and customary law is not only possible but also crucial for democratic legitimacy and legal pluralism. This study contributes to the global development of constitutionalism through a conceptual framework that reconciles plural legal systems within a sovereign yet responsive constitutional design.
The Global Landscape of Corporate Criminal Responsibility: Between a Culture of Compliance and Law Enforcement: The Global Landscape of Corporate Criminal Responsibility: Between a Culture of Compliance and Law Enforcement Badrut Tamam; Maryano Maryano; Alan Robert White
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.v4i1.292

Abstract

Corporate criminal liability has become a strategic issue in the era of globalization, when multinational corporations play a role as economic drivers while also having the potential to commit transnational crimes. Differences in legal approaches between countries, particularly between common law and civil law systems, create disparities in the scope, enforcement, and philosophy of liability. This study aims to conduct a comparative analysis of the legal framework for corporate criminal liability in the United States, the United Kingdom, Germany, Japan, and Indonesia, with a focus on the relationship between law enforcement mechanisms and compliance culture. The method used is normative-comparative legal research with analysis of regulations, court decisions, policy documents, and international guidelines such as those of the OECD and UNODC. The results show that the common law system adopts the vicarious liability model and hybrid mechanisms such as Deferred Prosecution Agreements (DPAs), while civil law relies more on administrative sanctions. Indonesia is in a transitional phase with explicit recognition but inconsistent implementation. This study recommends an integrative model that combines deterrence-based law enforcement with institutional reform as an effort toward global harmonization of corporate accountability.
Co-Authors Badrut Tamam Jamhari Sugara Maryano Maryano Muhammad Arya Wijaya