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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 51 Documents
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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.
Empowering Archipelago Regional Laws: A Legal Analysis of Their Role in Promoting Equal Development and Enhancing the Well-being of People in Indonesia: Empowering Archipelago Regional Laws: A Legal Analysis of Their Role in Promoting Equal Development and Enhancing the Well-being of People in Indonesia Jayawibawa, Marcellus Hakeng
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.175

Abstract

The Unitary State of the Republic of Indonesia is an archipelagic state characterized by the Archipelago with territories whose boundaries and rights are stipulated by law with the presence of the Archipelago Regional Bill, accessibility to fulfilling basic needs, such as good education and health, as well as productivity of small islands, coastal investment, and economic independence of coastal communities can be realized. The Bill on the Archipelago Region is considered to be able to assist the region in efforts to alleviate poverty and equalize social justice for all Indonesian people who live in archipelagic areas also as a legal design to answer various problems in the archipelago: poverty, inequality, and underdevelopment of national development. The importance of Indonesia having an Archipelagic Regional Law is to develop maritime potential, can accelerate infrastructure development and equitable distribution of development in realizing the welfare of the Indonesian people are Adequate protection of their rights and the surrounding environment,Overcoming resource conflicts,Economic and social development, Overcome environmental damage, Improving understanding of the importance of managing islands, Resolving and anticipating regional disparities in the archipelago, to formulate Local Own Revenue
UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA: UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA Jayawibawa, Marcellus Hakeng
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.178

Abstract

This study investigates the evolution of criminal law in Indonesia, focusing on the impact of technological advancements, social shifts, and political changes on the justice system. Utilizing a qualitative research design, including in-depth interviews with legal experts and practitioners, as well as comprehensive document analysis, the research reveals significant trends and patterns in recent legal reforms. Findings indicate that the introduction of procedural standards, such as those outlined in Regulation No. 6 of 2019, has enhanced the transparency and efficiency of criminal investigations. Additionally, the shift towards rehabilitative and restorative justice approaches reflects changing societal attitudes towards crime and punishment. However, challenges persist in fully implementing these reforms and integrating technological advancements into existing legal frameworks. The study concludes that while these reforms contribute positively to the justice system, further research is needed to assess their long-term impacts and practical applications. Recommendations for future research include examining the effectiveness of restorative justice practices and the integration of emerging technologies. For legal practitioners, adapting to these changes and incorporating new technologies and rehabilitative approaches into legal practice are crucial for improving justice outcomes. This research provides valuable insights into the ongoing transformation of criminal law and offers guidance for both scholarly inquiry and practical application in the field of criminal justice.
EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA: EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA Al, Bintang; Yuhelson, Yuhelson; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.185

Abstract

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.
OVERLAPPING MARITIME SECURITY: CHALLENGES AND OPPORTUNITIES FOR INVESTMENT IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE: OVERLAPPING MARITIME SECURITY: CHALLENGES AND OPPORTUNITIES FOR INVESTMENT IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE Dwikora, Buyung; Hasibuan, Fauzie Yusuf; Rattanapun, Supot
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.186

Abstract

This study examines the state's responsibility in ensuring investment security within Indonesia's Exclusive Economic Zone (EEZ), analyzing the roles of law enforcement officials and security institutions. The research highlights the importance of a stable regulatory framework and effective maritime security measures to foster a conducive environment for both domestic and foreign investors. It identifies the challenges posed by overlapping authorities among various agencies, which can lead to inconsistent law enforcement and uncertainties that discourage investment. By reviewing relevant laws, regulations, and institutional frameworks, the study emphasizes the need for improved coordination among maritime security agencies, enhanced surveillance technologies, and a comprehensive legal framework. The findings suggest that addressing these challenges will not only protect national interests but also promote investor confidence, unlocking the economic potential of Indonesia's EEZ in sectors such as fisheries, energy, and maritime transportation. Ultimately, this research contributes to a deeper understanding of the intersection between maritime security and investment opportunities, providing valuable insights for policymakers and stakeholders involved in Indonesia's maritime governance.
DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA: DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA Widodo, Junaidi Eko; Suganda, Atma; Tubagus Achmad Darodjat
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.187

Abstract

This article explores the connection between data privacy and constitutional rights in Indonesia, particularly within the framework of a democratic rule of law. The 1945 Constitution of Indonesia guarantees citizens' fundamental rights, including security and privacy. However, the rapid advancement of information technology has introduced new challenges for personal data protection. Currently, Indonesia's regulations, such as the Electronic Information and Transaction Law (ITE Law), lack comprehensive measures to safeguard data privacy rights, as they are sectoral and fragmented. This article highlights the necessity of enacting the Personal Data Protection Bill (RUU PDP) as a crucial step in strengthening the legal framework for data privacy protection in Indonesia. Additionally, it compares international regulations like the General Data Protection Regulation (GDPR) in the European Union, as well as data protection laws in neighboring countries like Singapore and Malaysia. The article underscores that prioritizing the protection of personal data privacy rights is essential for safeguarding constitutional rights and individual dignity, as well as for fostering a secure and trustworthy digital ecosystem in Indonesia.
LEGAL JUSTICE FOR LOW-INCOME COMMUNITIES IN BALANCED RESIDENTIAL DEVELOPMENT: LEGAL JUSTICE FOR LOW-INCOME COMMUNITIES IN BALANCED RESIDENTIAL DEVELOPMENT Asnawi, Asnawi; Prasetyo, Dedy Ardian; Salee, Achara
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.188

Abstract

This research investigates legal protection for low-income communities in the context of balanced residential development in Indonesia. The study aims to analyze the policies and regulations surrounding balanced housing development while identifying solutions to promote social justice for low-income people (MBR). Grounded in Law No. 1 of 2011 on Housing and Settlement Areas, which mandates the government to address housing needs for MBR, the research reveals various implementation challenges. Utilizing a normative juridical approach, the analysis employs legal protection theory, development law theory, and human rights theory as frameworks. Findings indicate significant obstacles, including limited land availability and rising land prices, which hinder low-income individuals' access to decent housing. The research underscores the necessity for stricter legal protections and adaptable policy measures to achieve the objectives of balanced housing development effectively.
BUILDING TRUST THROUGH CONTRACT: A LEGAL PROTECTION EFFORT FOR SERVICE PROVIDERS AND USERS IN THE DIGITAL ERA: BUILDING TRUST THROUGH CONTRACT: A LEGAL PROTECTION EFFORT FOR SERVICE PROVIDERS AND USERS IN THE DIGITAL ERA Hafizh, Deri; Anggraeni, Dewi; Rungsimanop, Hattarawadee
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.189

Abstract

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.
ENVIRONMENTAL REGULATION IN CORPORATE CSR PRACTICES IN INDONESIA: ENVIRONMENTAL REGULATION IN CORPORATE CSR PRACTICES IN INDONESIA Wibawani, Susanti Arsi; Prasetyo, Dedy Ardian; Suasungnern, Sineenat
PENA LAW: International Journal of Law Vol. 2 No. 2 (2024): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i2.190

Abstract

This article explores the influence of environmental legislation on corporate social responsibility in Indonesia. It aims to clarify the regulatory framework surrounding corporate social responsibility, assess how failure to adhere to environmental laws affects corporate reputation and performance, and identify the difficulties companies encounter while implementing corporate social responsibility. The research adopts a normative legal perspective, involving a thorough examination of pertinent laws and regulations, including the 1945 Constitution, Law Number 40 of 2007 concerning Limited Liability Companies, and Government Regulation Number 47 of 2012. Data gathered through desk research and descriptive legal analysis provides a detailed understanding of the relationship between legal frameworks and corporate social responsibility practices in Indonesia. The findings indicate that the corporate social responsibility regulatory framework encourages companies to meet environmental legal requirements, positively impacting corporate reputation. Conversely, non-compliance can damage reputation and public perception, consequently affecting financial outcomes. Companies also face various obstacles in implementing corporate social responsibility, such as insufficient regulatory support and limited resources. Recommendations for companies include enhancing education on corporate social responsibility and fostering collaboration with stakeholders to develop sustainable business practices. These insights are valuable not only for Indonesia but also for other nations examining the link between environmental legislation and corporate social responsibility.
IMPLEMENTASI PASAL 201 AYAT (11) UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 6 TAHUN 2020 (STUDI PENETAPAN PENJABAT WALIKOTA PEKANBARU): IMPLEMENTASI PASAL 201 AYAT (11) UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 6 TAHUN 2020 (STUDI PENETAPAN PENJABAT WALIKOTA PEKANBARU) Rustam, Afrinaldy; Iriyanto , Sabano Dwi
PENA LAW: International Journal of Law Vol. 2 No. 3 (2025): JANUARY
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v2i3.195

Abstract

Penelitian ini bertujuan untuk menganalisis implementasi Pasal 201 Ayat (11) Undang-Undang Republik Indonesia Nomor 6 Tahun 2020 dalam proses penetapan Penjabat (Pj.) Wali Kota Pekanbaru. Penelitian ini dilatarbelakangi oleh urgensi keberadaan Pj. kepala daerah untuk menjamin keberlangsungan pemerintahan daerah saat terjadi kekosongan jabatan kepala daerah definitif. Fokus penelitian terletak pada aspek regulasi, mekanisme penetapan, serta tantangan yang dihadapi dalam pelaksanaannya. Metode penelitian yang digunakan adalah yuridis-normatif dengan pendekatan perundang-undangan dan analisis data sekunder melalui studi dokumen serta wawancara dengan pihak terkait, seperti Kementerian Dalam Negeri, pemerintah daerah, dan ahli hukum tata negara. Hasil penelitian menunjukkan bahwa pelaksanaan Pasal 201 Ayat (11) telah sesuai dengan prosedur yang diatur, namun terdapat kendala dalam transparansi proses seleksi dan komunikasi dengan masyarakat. Hal ini berpotensi menimbulkan permasalahan legitimasi di tingkat lokal. Kesimpulan dari penelitian ini adalah perlunya perbaikan tata kelola dalam mekanisme pengangkatan Pj. kepala daerah, termasuk penguatan pengawasan, peningkatan keterbukaan informasi, dan optimalisasi peran masyarakat dalam memberikan masukan. Rekomendasi diberikan kepada pemerintah pusat untuk menyempurnakan regulasi terkait dan pemerintah daerah untuk meningkatkan sinergi dalam menjalankan tugas pemerintahan sementara.

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