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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. 3 No. 3 (2026): January
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.
Transnational Constitutional Law: Bridging National Constitutions with International Norms: Transnational Constitutional Law: Bridging National Constitutions with International Norms Andi Widjaja; Abdul Latif; 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.v4i1.296

Abstract

This article examines the role of transnational constitutional law as a framework for linking national constitutions with international legal norms in an era of growing global legal interdependence. While traditional theories of monism and dualism have long shaped discussions about how national and international law relate, this research shows that these models are insufficient to reflect the complex realities of modern constitutional practice. Using a normative juridical and comparative qualitative approach, the study analyzes constitutions, international treaties, and constitutional court decisions as primary sources, supported by scholarly literature and institutional reports. The findings identify three main interaction patterns: normative convergence, where international norms are integrated to bolster domestic constitutional legitimacy; constitutional resistance, where states prioritize sovereignty and selectively adopt international standards; and hybrid models, where courts navigate between domestic and international obligations through doctrines such as the margin of appreciation. These patterns underscore the increasing importance of constitutional pluralism, which views the relationship between national and international law as dialogical rather than hierarchical. Extending the analysis beyond Eurocentric contexts, this article highlights perspectives from the Global South, especially Indonesia, where selective adoption of international norms illustrates the constitutional balancing act between national identity and global commitments.
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; 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.v4i1.312

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.
Co-Authors Abdul Latif Andi Widjaja Badrut Tamam Jamhari Sugara Maryano Maryano Muhammad Arya Wijaya Riko Nugraha Yuhelson Yuhelson