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PENA LAW: International Journal of Law
Published by Yayasan Pusat Cendekiawan Intelektual Nusantara
ISSN : -     EISSN : 29623405     DOI : https://doi.org/10.56107/penalaw
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
PENA LAW: International Journal of Law publishes original research papers at the forefront of law. Topics that are published and emphasized in this journal include: International law, constitutional and administrative law, criminal law, contract law, tort law, property law, civil law, general and equality law, religious law, political law, legal history , Information Law, Labor Law, Criminology, etc.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2025): May" : 8 Documents clear
CESSION AND LEGAL EFFECTS ON THE DEBTOR'S SECURITY OBJECTS IN SETTLEMENT BAD CREDIT (Case study of Pekanbaru District Court Decision No. 129/Pdt.G/2016/PN.Pbr) Hamler, Hamler; pasaribu, Yusuf hanafi; Asmah, Nur; Darodjat, Tubagus Achmad; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i1.165

Abstract

One way to resolve bad credit is carried out by banks by buying and selling receivables and transferring rights to them (cession). Based on District Court decision No.129/Pdt.G/2016/PN.Pbr, this is by means of a lawsuit by assignees who had purchased receivables from PT Bank Tabungan Negara (Persero) Tbk which had bad credit. Redirection receivables stated in 2 (two) Notarial Deeds, namely the Receivables Sale and Purchase Agreement and Transfer cessie. In announcing the verdict stated that the Pekanbaru District Court permitted the transfer of the Land Ownership Certificate which was used as collateral for the debtor above no assignees). The problem formulation is: 1. Can the sale and purchase of receivables and the transfer of rights to receivables (cessie) provide legal certainty for cessie buyers?  2. What are the legal consequences for the debtor's guarantee based on the decision of the Pekanbaru District Court Number 129/Pdt.G/2016/PN.Pbr? And study This aims to know and understand and provide answers to the problem formulation the. The type of research in this research is included in normative (doctrinal) legal research, namely research on legal aspects, legal principles, studying law which is conceptualized as norms or rules that apply in society and analyzing legal rules contained in legislation and also contained in unwritten legal norms that live and develop in society and the type of data used is secondary data sourced from materials law primer, material law secondary and materials law tertiary. From study This can be concluded that buying and selling receivables and transfer cession  does not result in the end of the credit agreement made assignor with emergence This is a transfer and delivery of receivables from assignor to assignees and transfer of collateral emergence  must be based on a decision through a lawsuit at the local District Court. And in this case there is no buying and selling of receivables and transfers cession is legal and does not violate the provisions of the legal terms of the agreement, in the consideration of the panel of judges that the collateral is owned emergence If the right of liability is not installed, then the item is guaranteed emergence can be used as debt repayment by changing the name to assignees, This also does not violate property stipulation what is meant by Article 1154 of the Civil Code.
KAJIAN POLITIK HUKUM OTONOMI DAERAH DITINJAU DARI IMPLEMENTASI JANJI-JANJI POLITIK PEMIMPIN TERPILIH DI PROVINSI RIAU : KAJIAN POLITIK HUKUM OTONOMI DAERAH DITINJAU DARI IMPLEMENTASI JANJI-JANJI POLITIK PEMIMPIN TERPILIH DI PROVINSI RIAU Rustam, Afrinaldy
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.196

Abstract

Janji politik menjadi indikator yang sangat penting untuk mempengaruhi para pemilih. Kajian ini berusaha mendeskripsikan dan menganalisis kebijakan politik pelaksanaan dan kinerja Gubernur Riau, Syamsuar, setelah menjadi kepala daerah di Provinsi Riau. Tujuan penelitian ini adalah untuk menganalisis relevansi politik Syamsuar dengan janji-janji politik di Provinsi Riau pada masa pemerintahannya. Jenis penelitian ini adalah penelitian hukum normatif. Metode pengumpulan data yang digunakan dalam penelitian ini adalah dengan cara studi kepustakaan dengan melakukan studi kepustakaan yang berkaitan dengan objek penelitian ini. Analisis data dalam penelitian ini dilakukan secara sistematis berdasarkan permasalahan penelitian yang diuraikan secara kualitatif. Teori utama yang digunakan dalam penelitian ini adalah Kebijakan Publik dan Kekuasaan. Hasil penelitian ini menunjukkan bahwa janji-janji politik Syamsuar sudah dilaksanakan secara keseluruhan. Akan tetapi, masih ada beberapa janji politik yang belum terealisasi sesuai harapan masyarakat khususnya di bidang infrastruktur karena berkembang secara perlahan. Hal ini disebabkan minimnya anggaran pembangunan dan masalah inefisiensi dalam kinerja birokrasi.
THE ROLE OF THIRD PARTIES IN THE REPAYMENT OF TAX DEBTS: AN ALTERNATIVE SOLUTION FOR STRUGGLING TAXPAYERS: THE ROLE OF THIRD PARTIES IN THE REPAYMENT OF TAX DEBTS: AN ALTERNATIVE SOLUTION FOR STRUGGLING TAXPAYERS Lawe, Dedi Marsudi; Prasetyo, Dedy Ardian; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.199

Abstract

This research discusses the alternative of tax debt repayment by third parties as a solution for taxpayers in Indonesia who experience economic limitations in fulfilling their tax obligations. Amidst the low tax to Gross Domestic Product (GDP) ratio and tax compliance challenges in Indonesia, third-party involvement emerges as an innovative option that can help improve tax compliance and state revenue stability. This research uses normative legal methods with statutory, conceptual, and case approaches, and is analyzed through the lens of welfare state theory, utilitarianism theory, and development law theory. The results show that the involvement of third parties in tax repayment, if based on a valid civil law relationship, can be accommodated in the Indonesian tax system to reduce the burden on taxpayers who are financially incapable. Policy recommendations include the establishment of clear regulations, a strict monitoring system, as well as an updated tax information system to support third-party involvement. The contribution of this research is to provide a legal basis and policy recommendations to create a tax system that is more inclusive, adaptive, and supports the welfare of the wider community.
THE INFLUENCE OF LEGAL PROFESSION INTEREST ON TEENS THROUGH NETFLIX VIEWING IN INDONESIA: THE INFLUENCE OF LEGAL PROFESSION INTEREST ON TEENS THROUGH NETFLIX VIEWING IN INDONESIA Yuviro, Rayhan Nur
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.205

Abstract

This study aims to determine the extent of the influence of watching using the Netflix application on the interest of teenagers in Indonesia to work in the field of Law. Given the development of science, technology and information due to globalization that cannot be stopped in the world including in Indonesia, it has resulted in anyone being able to easily access various things via the Internet including just for entertainment. It is not surprising that currently teenagers in Indonesia access a lot of watch on demand applications, especially the Netflix watch on demand application. The many choices of films that can be easily accessed by teenagers make them fond of watching Netflix to find entertainment, including films that have legal themes/elements or are related to the world of law. Considering that adolescence is a time of searching for identity/self-identity which makes teenagers vulnerable to interference or influence, whether in the form of ideas, feelings, behavior, intellectual capacity, or new dreams to be achieved. Therefore, at this age/phase of adolescence, teenagers generally begin to determine the direction and attitude related to their profession in the future. Of course, teenagers in determining their professional interests are influenced by various factors, one of which is the influence of shows accessed by teenagers on Netflix.
LEGAL PROTECTION FOR CONSUMERS IN E-COMMERCE TRANSACTIONS IN INDONESIA: CONTRACT VALIDITY AND DISPUTE RESOLUTION EFFECTIVENESS ALAMSYAH, SAKTI; HASIBUAN, FAUZIE YUSUF
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i1.220

Abstract

This study explores consumer protection in Indonesia’s e-commerce transactions, focusing on contract validity and the effectiveness of dispute resolution mechanisms. Standardized contracts in e-commerce often limit consumers' ability to negotiate terms, placing them in a weaker position. Analysis of existing laws, including the Indonesian Civil Code, Consumer Protection Law, and the Electronic Information and Transactions (ITE) Law, indicates that current regulations inadequately protect consumers in digital transactions. Additionally, the role of the Consumer Dispute Settlement Body (BPSK) is assessed, revealing jurisdictional and capacity challenges, especially in cross-border cases. To improve consumer protection, this study recommends regulatory reforms requiring seller verification, accurate product information, enhanced BPSK authority, and improved consumer education. These steps are essential to foster a safer, fairer, and more transparent e-commerce environment in Indonesia, aligning legal protections with the rapid growth of digital commerce.
SUPERVISION OF THE CONSUMER DISPUTE SETTLEMENT AGENCY ON THE INCLUSION OF STANDARD CLAUSE AGREEMENTS THAT HARM CONSUMERS Nofiyanti, Dwi; Yuhelson, Yuhelson; Darodjat, Tubagus Achmad
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i1.221

Abstract

The inclusion of standard clauses that harm consumers is still rampant in various sectors of trade in goods and services in Indonesia. The Consumer Dispute Settlement Agency (CDSA) has an important mandate to supervise and resolve consumer disputes, including assessing the existence of unfair standard clauses. This study aims to analyze the effectiveness of CDSA’s supervision of agreements that include unfair standard clauses, as well as assess the challenges of implementing this role in practice. This research uses a juridical-empirical approach with case studies on several CDSA decisions in Indonesia. The findings show that there are institutional weaknesses and inconsistencies in the decisions that make the role of CDSA not optimal. This article offers strategies to strengthen the regulation and role of CDSA to protect consumer rights more effectively.
THE POLITICAL ROLE OF CRIMINAL LAW IN SHAPING COUNTER-TERRORISM POLICY IN INDONESIA Patria, Widya Nusa; Shodiq, Md.; Rattanapun, Supot
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i1.222

Abstract

The politics of criminal law has a strategic role in shaping counter-terrorism policy in Indonesia, especially after the increasing threat of global and domestic terrorism. Through Law Number 5/2018, the state adopts a more repressive criminal law approach by expanding the definition of terrorism crimes and giving greater authority to security forces. This research aims to analyze the role of criminal law politics in the process of counter-terrorism policy formation, as well as evaluate its suitability with the principles of justice and the rule of law. By using a normative juridical approach and qualitative analysis of legislation, doctrine, and the dynamics of policy formation, this research finds that counter-terrorism policies in Indonesia still tend to favor the security paradigm over the protection of human rights. The politics of Indonesian criminal law has not fully demonstrated alignment with substantive justice, due to weak accountability mechanisms and limited space for public participation in policy formulation. This research provides a theoretical contribution in expanding the understanding of the relationship between political power and criminal law, as well as encouraging policy reforms that are more democratic, proportional, and based on human rights values.
UNCOVERING INTENT: REASSESSING THE ROLE OF MOTIVE IN THE PUNISHMENT OF PREMEDITATED MURDER IN INDONESIA Christine, Christine; Kristiawanto, Kristiawanto; Teepapal, Tanawat
PENA LAW: International Journal of Law Vol. 3 No. 1 (2025): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i1.223

Abstract

The sentencing of premeditated murder cases in Indonesia has so far emphasized the elements of planning and the consequences of the act, but has paid little attention to the perpetrator's motive as a reflection of the degree of culpability. In many progressive legal systems, however, motive is considered important in assessing the extent to which criminal intent (mens rea) contributes to the quality of a criminal act. This study aims to reassess the role of motive in the sentencing of premeditated murder under Article 340 of the Criminal Code, and to propose an evaluative model that can be used to enhance substantive justice in Indonesia's criminal justice practice. Using a legal-normative method and a qualitative approach to twenty court decisions selected purposively (period 2018–2024), it was found that in 70% of cases, motive was not considered as a legal factor in the court’s decision. Motives were merely mentioned in the chronology without legal weight. However, in criminal law practice in Germany and the Netherlands, motives serve as the basis for classifying murder and determining criminal sanctions. This study developed a conceptual model that categorizes motives into three categories: rational-emotional, manipulative-opportunistic, and pathological, each with its own evaluative implications for sentencing. This study recommends that motives be integrated into national sentencing guidelines and incorporated into judicial training based on contextual justice. In this way, Indonesia's sentencing system can become more humane, fair, and aligned with the values of substantive justice.

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