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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 63 Documents
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Judicial Exile and International Judicial Reform: Rethinking the Independence of the Judiciary in a Global Context: Judicial Exile and International Judicial Reform: Rethinking the Independence of the Judiciary in a Global Context Muzakki, Fauzan; Suganda, Atma; Akkapin, Supaphorn
PENA LAW: International Journal of Law Vol. 3 No. 2 (2025): September
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v3i2.245

Abstract

Judicial independence is widely recognized as a cornerstone of justice, yet its realization in the international sphere faces increasing challenges from political pressures and global power asymmetries. This study introduces the concept of judicial alienation to capture the growing disconnection between the normative ideals of international courts and their perceived legitimacy. Using a qualitative design with a normative legal and comparative approach, the research examines primary legal instruments, including the Rome Statute, the UN Charter, and selected judgments of the International Criminal Court (ICC), the International Court of Justice (ICJ), and the World Trade Organization Dispute Settlement Body (WTO DSB), complemented by secondary academic sources. Findings indicate three interrelated patterns: uneven jurisdiction, particularly the ICC’s disproportionate focus on African cases; legitimacy crises, reflected in recurring resistance to ICJ jurisdiction; and the limited scope of reforms, which tend to be procedural rather than structural. Comparative analysis further reveals that while the WTO DSB benefits from broader acceptance through its consensus-based mechanism, the ICC and ICJ remain vulnerable to contestation due to their direct engagement with state sovereignty. The discussion argues that judicial independence should be reconceptualized not only as a normative principle but also as a socio-political practice embedded in global governance. The study contributes theoretically by advancing an interdisciplinary framework and practically by offering reform-oriented recommendations for more inclusive, transparent, and sustainable international judicial institutions.
THE EFFECT OF LEGAL COMPLIANCE ON THE FINANCIAL PERFORMANCE OF MSMES IN INDONESIA Hidayat, Muhammad; White, Alan Robert; Supeno, Bambang
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.v4i1.281

Abstract

This study examines the influence of legal compliance on the financial performance of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, with a particular focus on financial stability, profitability, and competitiveness. Employing a descriptive-analytical design with a conceptual approach, this research synthesizes legal and financial theories through an extensive review of secondary data, including academic literature, regulatory frameworks, and governance studies. Legal compliance is operationalized across four key dimensions: business licensing, taxation, employment, and consumer protection. The findings indicate that legal compliance plays a strategic role in enhancing financial stability by reducing regulatory risks, minimizing unexpected costs, and improving cash flow management. Furthermore, compliance contributes to profitability through cost efficiency and improved access to financing with more competitive capital costs. In terms of competitiveness, legally compliant MSMEs demonstrate stronger reputational capital, greater market access, and higher adaptability within digital and global markets. The study also highlights that compliance should not be perceived merely as a regulatory obligation but as a financial strategy that strengthens governance quality and long-term business sustainability. However, the effectiveness of compliance is contingent upon regulatory simplification and MSME capacity, including legal literacy and administrative readiness. This study contributes to the integration of business law and financial performance perspectives in the MSME context and offers policy-relevant insights for strengthening MSME resilience.
Reform of Indonesian Capital Market Governance in Response to MSCI's Evaluation of Transparency and Trading Manipulation: Reform of Indonesian Capital Market Governance in Response to MSCI's Evaluation of Transparency and Trading Manipulation Arya Elang Anom; Zulfikri Toguan; Azbi Arief Habibi
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.v4i1.283

Abstract

This study examines the reform of Indonesian capital market governance in the context of market accessibility assessment conducted by MSCI (Morgan Stanley Capital International). Using a normative juridical method and a qualitative-descriptive approach, the research analyzes three main issues: the regulation of stock trading transparency, forms of market manipulation that have become concerns for MSCI, and the ideal framework for regulatory reform. The findings reveal that the Indonesian capital market legal framework, which is based on Law Number 8 of 1995 concerning Capital Markets and Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK Law), has established a foundation for transparency through the principles of full disclosure and material information disclosure. However, the existence of 32 alleged market manipulation cases handled by the Financial Services Authority (OJK) up to early 2026 indicates persistent regulatory gaps, particularly in addressing digital trading practices such as spoofing and front running. MSCI’s evaluation also highlights limitations in ESG and non-financial data disclosure among Indonesian listed companies. This study recommends the reformulation of the legal status of tippees, the adoption of the misappropriation theory, the integration of artificial intelligence-based RegTech and SupTech systems, and the strengthening of the enforceability of capital market arbitration awards. These reforms are expected to enhance market integrity, transparency, and investor confidence, thereby improving Indonesia’s competitiveness in the global capital market.
Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations: Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations Simon S. Condro Kitono; Dedy Ardian Prasetyo; Supaphorn Akkapin
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.v4i1.284

Abstract

The right to civil redress is a central pillar of reparative justice for victims of human rights violations. Although international legal instruments, such as the United Nations Basic Principles on the Right to Remedies and Reparation, affirm states’ obligation to guarantee this right, many have failed to establish mechanisms that are effective and accessible to victims. This article conceptualizes the principle of due diligence as a binding international legal standard that obliges states to prevent and respond to human rights violations and ensure the availability of accessible and enforceable civil restitution. Employing a normative legal method and a comparative case study of Argentina, Germany, and Indonesia, the analysis demonstrates that civil restitution remains the most fragile dimension of state accountability frameworks, with reparations frequently regarded as discretionary policies rather than legal mandates. To address this gap, this study advances a set of normative indicators for assessing states’ compliance with their reparation obligations. The findings highlight the imperative of embedding the principle of due diligence within national legal systems as a concrete legal obligation, thereby advancing victim-centered justice.
Overcriminalization in the Modern Criminal Justice System: A Threat to the Principles of Legality and Substantive Justice: Overcriminalization in the Modern Criminal Justice System: A Threat to the Principles of Legality and Substantive Justice Agus Kelana Putra; Kristiawanto Kristiawanto; Sineenart Suasoongnern
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.v4i1.285

Abstract

Overcriminalization has become a systemic problem in modern legal systems, characterized by a tendency to use criminal law excessively to regulate various social behaviors. This study critically examines how the expansion of criminal law—both in scope and intensity—can threaten the principle of legality and undermine substantive justice. Using a normative qualitative approach, this study applies doctrinal and comparative legal analysis to three jurisdictions: Indonesia, the United States, and Germany. Primary sources include legislation and court decisions, while secondary data is obtained from academic literature and institutional reports. The findings reveal that overcriminalization often results in vague legal norms, disproportionate sanctions, and selective law enforcement—particularly affecting vulnerable groups. The study reveals that this trend has eroded legal certainty and turned criminal law into a political and moral tool. By integrating penal minimalism theory, justice theory, and legal positivism, this article offers normative parameters in the form of necessity, proportionality, and the principle of ultimum remedium to recalibrate the boundaries of legitimate criminalization. This research contributes to contemporary academic discourse by providing a structured analytical framework and concrete policy recommendations to strengthen the legitimacy and fairness of the modern criminal justice system.
LEGAL CERTAINTY REGARDING LAND FOR INVESTORS IN INDONESIA: LEGAL CERTAINTY REGARDING LAND FOR INVESTORS IN INDONESIA Aprin Citra Mahardi; Endri Mustadi
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.v4i1.286

Abstract

Legal certainty regarding land for investors is an important form of legal protection in supporting investment activities in Indonesia. However, in practice, various problems still exist, such as overlapping certificates, land boundary disputes, and claims by third parties to land that has been granted a Right to Build (HGU), Right to Cultivate (HGU), and Right of Use (HP). This study employs a normative legal research method, utilising a regulatory and legal literature approach concerning legal certainty regarding land rights for investors. The findings indicate that legal protection for investors is realised through the granting of HGU, HGB, and HP rights under Government Regulation No. 18 of 2021, as well as land inspections via the Land Inspection Report to ensure the land’s status is ‘clean and clear’. Furthermore, the government provides streamlined services and land rights licensing under Law No. 25 of 2007 on Investment as a form of protection and legal certainty for investors in Indonesia.
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.
Overcriminalization in the Modern Criminal Justice System: A Threat to the Principles of Legality and Substantive Justice: Overcriminalization in the Modern Criminal Justice System: A Threat to the Principles of Legality and Substantive Justice Agus Kelana Putra; Kristiawanto Kristiawanto; Sineenart Suasoongnern
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.v4i1.289

Abstract

Overcriminalization has become a systemic problem in modern legal systems, characterized by a tendency to use criminal law excessively to regulate various social behaviors. This study critically examines how the expansion of criminal law—both in scope and intensity—can threaten the principle of legality and undermine substantive justice. Using a normative qualitative approach, this study applies doctrinal and comparative legal analysis to three jurisdictions: Indonesia, the United States, and Germany. Primary sources include legislation and court decisions, while secondary data is obtained from academic literature and institutional reports. The findings reveal that overcriminalization often results in vague legal norms, disproportionate sanctions, and selective law enforcement—particularly affecting vulnerable groups. The study reveals that this trend has eroded legal certainty and turned criminal law into a political and moral tool. By integrating penal minimalism theory, justice theory, and legal positivism, this article offers normative parameters in the form of necessity, proportionality, and the principle of ultimum remedium to recalibrate the boundaries of legitimate criminalization. This research contributes to contemporary academic discourse by providing a structured analytical framework and concrete policy recommendations to strengthen the legitimacy and fairness of the modern criminal justice system.
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.
Bridging Constitutional Regulations and International Standards in Political Finance: Preventing Electoral Corruption from a Comparative Perspective: Bridging Constitutional Regulations and International Standards in Political Finance: Preventing Electoral Corruption from a Comparative Perspective Mad Romli; Indah Riyanti; Supaphorn Akkapin
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.v4i1.291

Abstract

Electoral corruption triggered by opaque political financing systems poses a serious threat to democratic integrity in many countries. Although international legal instruments such as UNCAC and GRECO guidelines have established principles of transparency and accountability, many national constitutions have not effectively adopted these norms. This study analyzes the normative and institutional gaps between constitutional regulations and international standards in political financing in five jurisdictions: Indonesia, Germany, the United States, Brazil, and South Korea. Using a legal-normative approach and comparative law methods, it finds that the absence of constitutional recognition of political financing principles weakens the effectiveness of oversight and opens space for systemic electoral corruption. This article contributes to the global discourse by proposing a hybrid legal model that combines constitutional transparency mandates, the independence of oversight institutions, and public accountability mechanisms. This study encourages the harmonization of national political financing regimes with international anti-corruption frameworks to strengthen democratic legitimacy and governance.

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