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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 76 Documents
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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.
Mediation in Medical Disputes as a Pathway to Substantive Justice: Reframing Global Health Law through Human-Centered Dispute Resolution: Mediation in Medical Disputes as a Pathway to Substantive Justice: Reframing Global Health Law through Human-Centered Dispute Resolution Raymond Nadeak; Risma Situmorang; 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.v4i1.293

Abstract

Medical disputes are increasingly common worldwide as patients become more aware of their rights and healthcare providers face stricter professional standards. Conventional litigation, while ensuring procedural justice, often fails to address the ethical, moral, and psychological aspects of medical conflicts. This research highlights a key gap in the literature: the limited recognition of mediation not just as a cost-effective alternative but as a tool for achieving substantive justice. Using a qualitative normative approach, this study combines doctrinal and comparative analyses. Findings show that mediation resolves disputes more efficiently than litigation and at much lower costs. Beyond efficiency, mediation improves access and delivers substantive justice by addressing patients’ emotional needs, rebuilding trust, and maintaining professional integrity. However, challenges still exist, including limited legal recognition of mediation outcomes, a shortage of specialized mediators, and cultural resistance favoring litigation. This study contributes theoretically by reframing mediation as a justice-oriented process aligned with restorative justice and practically by offering policy suggestions to strengthen mediation’s legitimacy and institutional role in global health governance. Therefore, mediation should be recognized not only as an alternative procedure but as a key instrument for substantive justice within international health law.
Legislation and the Constitutional Court: Reconciling Constitutional Justice and Democratic Accountability in Comparative Constitutional Law: Legislation and the Constitutional Court: Reconciling Constitutional Justice and Democratic Accountability in Comparative Constitutional Law Muhammad Rum Siolimbona; Hedwig Adianto Mau; Sineenart Suasoongnern
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.v4i1.294

Abstract

The dynamic relationship between legislation and constitutional courts has become a key issue in modern constitutional law. Legislation, reflecting democratic legitimacy, often faces challenges when political majorities pass laws that may threaten constitutional rights and the rule of law principles. Conversely, constitutional courts act as guardians of constitutional supremacy, ensuring that laws align with fundamental constitutional values. This study uses a normative juridical and comparative approach, analyzing constitutional texts, legislation, and landmark judicial decisions from Indonesia, Germany, South Africa, and South Korea. Through content analysis, comparative legal methods, and hermeneutic interpretation, the research shows that constitutional courts worldwide do not just correct unconstitutional laws but also play a constructive role in fostering democratic accountability. The findings emphasize that the relationship between legislation and constitutional courts should not be seen as adversarial; rather, it is a dialectical and symbiotic interaction that promotes constitutional democracy. The novelty of this research lies in its global comparative perspective, moving beyond country-specific analyses and suggesting a conceptual framework for understanding how legislative legitimacy and constitutional justice reinforce each other. This study contributes both to theoretical debates in comparative constitutional law and offers practical recommendations for improving judicial review and legislative processes in democratic systems.
LEGAL CERTAINTY AND DISTRIBUTIVE JUSTICE IN THE AGE LIMITATION OF NOTARY OFFICE TENURE FOLLOWING CONSTITUTIONAL COURT DECISION NUMBER 84/PUU-XXII/2024 hamler hamler; Khairul Azwar Anas; Ferry Asril; Tat Marlina; Martha Hasanah Rustam; Hawa Raissa Agripina
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.v4i1.287

Abstract

Constitutional Court Decision Number 84/PUU-XXII/2024 constitutes a constitutional milestone in the judicial review of Article 8 paragraph (2) of Law Number 30 of 2004 concerning the Office of Notary, which regulates the extension of a notary's term of office up to the age of 67 years subject to the notary's health condition. The Panel of Constitutional Court Justices partially granted the petition and declared the provision contrary to the 1945 Constitution of the Republic of Indonesia, particularly Article 28D paragraph (1) concerning the right to legal protection and fair legal certainty. This study aims to: (1) identify and analyze the legal reasoning of the Constitutional Court in the aforementioned decision; (2) examine its implications for the fulfillment of the principle of distributive justice between the continued professional practice of senior notaries and the regeneration of younger notaries; and (3) assess the reconstruction of regulations governing the notarial profession following the decision in order to provide fair legal certainty and strengthen the notarial institution in Indonesia. This research employs a normative legal research method using statutory, case, and conceptual approaches. Data were collected through document studies of relevant legislation, Constitutional Court decisions, theories of distributive justice, and academic literature, and were subsequently analyzed using a descriptive-qualitative method. The findings indicate that the Constitutional Court determined that the term of office of a notary may be extended until the age of 70 years, subject to annual medical examinations conducted at a central government hospital, a regional public hospital, or a hospital designated by the Minister responsible for legal affairs. In reaching this conclusion, the Court set aside the principle of the open legal policy doctrine on the grounds that the challenged provision contained irrationality and intolerable injustice. Regulatory reconstruction is therefore necessary to ensure that professional protection balances the interests of senior notaries with the need for professional regeneration, while simultaneously strengthening legal certainty in the sustainable administration of Indonesia’s notarial institution.
Legal Immunity of Advocates as a Constitutional Guarantee for Access to Justice and Democratic Accountability: Legal Immunity of Advocates as a Constitutional Guarantee for Access to Justice and Democratic Accountability Iwan Chandra; Atma Suganda; 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.v4i1.295

Abstract

Advocates are essential to upholding the rule of law and ensuring access to justice; yet, they often face intimidation and criminalization when handling sensitive cases. While international instruments, such as the United Nations Basic Principles on the Role of Lawyers (1990), recognize the importance of legal immunity, its constitutional protection and implementation vary significantly across jurisdictions. Employing a normative juridical approach that integrates doctrinal, comparative, and conceptual analyses, this study finds that European legal systems generally provide stronger constitutional safeguards. In contrast, many Latin American and Asian jurisdictions offer comparatively weaker protections. The findings affirm that advocates’ immunity is not merely a professional privilege but a constitutional guarantee essential to equal access to justice and democratic accountability. This study contributes to scholarly discourse by reframing advocates’ immunity within a constitutional and democratic framework. It further offers practical recommendations for policymakers and professional associations to strengthen legal protections, thereby enhancing both the independence of advocates and the resilience of democratic systems.
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.
Life Imprisonment and Harsh Sentences for Juveniles: A Critical Analysis under International Human Rights Law: Life Imprisonment and Harsh Sentences for Juveniles: A Critical Analysis under International Human Rights Law Ayu Putri Bhayangkari; Maryano Maryano; 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.v4i1.297

Abstract

This study critically examines the imposition of life imprisonment and harsh sentences on juveniles through the lens of international human rights law. Employing a normative-qualitative and comparative framework, the research analyzes core international instruments—including the Convention on the Rights of the Child (CRC), the International Covenant on Civil and Political Rights (ICCPR), and the Convention against Torture (CAT)—alongside relevant case law and global jurisprudential trends. The findings reveal a significant compliance gap between established international standards and domestic implementation, particularly in jurisdictions that continue to enforce juvenile life imprisonment without parole. The study argues that such sentencing practices contravene fundamental human rights principles, including the best interests of the child, and constitute cruel, inhuman, or degrading treatment under international law. Moreover, these approaches are scientifically untenable, ignoring developmental and neuroscientific evidence underscoring juveniles’ capacity for rehabilitation. In contrast, progressive reforms in Europe and Latin America reflect a growing shift toward restorative justice and child-centered penal models. By integrating normative analysis with comparative insights, this research contributes to academic and policy discourse on juvenile justice, offering actionable guidance for realigning domestic legal frameworks with international human rights obligations. It ultimately emphasizes the urgent need for states to abandon punitive sentencing in favor of rehabilitative approaches that are both rights-compliant and empirically grounded.
State Loss Assessment in Transnational Corruption: Strengthening International Cooperation and Asset Recovery: State Loss Assessment in Transnational Corruption: Strengthening International Cooperation and Asset Recovery Muhammad Dzul Ikram; Kristiawanto Kristiawanto; Sineenart Suasoongnern
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.v4i1.298

Abstract

Transnational corruption erodes state sovereignty and damages global financial integrity, with annual losses estimated at USD 20–40 billion, yet less than five percent are recovered. Although frameworks like the United Nations Convention against Corruption (UNCAC) promote cooperation, the lack of harmonized standards for assessing state losses weakens asset recovery efforts. Most studies focus on asset tracing and procedural barriers, while the importance of loss assessment in legitimizing claims remains underexplored. This study adopts a qualitative normative–empirical approach through case studies in Indonesia, Malaysia, Nigeria, Brazil, and Ukraine, supported by legal analysis and expert interviews. Results reveal methodological differences: some jurisdictions depend on forensic accounting for direct financial losses, while others consider broader economic impacts, such as lost investments and reputational damage. Adopting comprehensive methods gained stronger legitimacy and higher recovery rates, although on average, only 35–40 percent of claimed assets were returned. The research reframes state loss assessment as central to asset recovery in the context of transnational corruption. By integrating deterrence theory and the transnational legal process framework, it highlights the need for harmonized standards that combine legal, economic, and forensic perspectives. The findings fill a critical gap in scholarship and provide practical guidance for policymakers to strengthen international cooperation and asset recovery mechanisms.
Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges: Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges Ardhy Gumilar; Abdul Latif; Supaphorn Akkapin
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.v4i1.300

Abstract

The rapid growth of digital technologies has reshaped communication, governance, and the interpretation of constitutional rights. This study examines how constitutionalism, traditionally designed to limit state power, must adapt to new digital challenges such as surveillance, data exploitation, algorithmic governance, and restrictions on online expression. Using a normative-comparative approach, this study examines constitutional texts, landmark decisions, and regulatory frameworks from Germany, India, South Africa, and Indonesia, alongside international instruments such as the ICCPR and the GDPR. Findings highlight three main patterns. First, privacy and data protection are increasingly recognized as constitutional rights, although this recognition is inconsistent across jurisdictions. Second, digital freedom of expression remains a contested issue, with some courts applying proportionality while others rely on administrative controls. Third, responses to state surveillance reveal a global trend toward stronger safeguards; yet, significant gaps persist in developing contexts, such as Indonesia. This article advances the concept of digital constitutionalism as a paradigm shift extending constitutional protections beyond the state to powerful technology corporations. Theoretically, it reframes constitutionalism in the digital era; practically, it offers normative guidance for courts and policymakers to reinforce digital rights. Ultimately, digital constitutionalism is vital not only for protecting individual rights but also for sustaining democracy in the digital age.
Constitutional Dimensions of Land Rights in the Era of Climate Change and Food Security: A Transnational Perspective from Indonesia: Constitutional Dimensions of Land Rights in the Era of Climate Change and Food Security: A Transnational Perspective from Indonesia Astrid Ardhiati; Indah Riyanti; 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.v4i1.305

Abstract

Land rights are constitutionally guaranteed in Indonesia, yet their role in addressing global challenges of climate change and food security remains underdeveloped. This study explores the constitutional dimensions of land rights in relation to climate change adaptation and food security, while situating Indonesia within international legal frameworks such as the Paris Agreement, ICESCR, and VGGT. Using a normative juridical method combined with comparative and transnational analysis, the research examines constitutional provisions, agrarian regulations, and relevant international norms. The findings reveal a persistent gap between the normative ideals of Article 33(3) of the 1945 Constitution—which mandates land use for the prosperity of the people—and policy implementation that often prioritizes economic growth over ecological sustainability. Comparative insights from India, Brazil, and South Africa demonstrate how land rights can function as constitutional tools to enhance resilience and food security. By contrast, Indonesia’s fragmented agrarian, food, and climate policies undermine this constitutional potential. This study argues for a reinterpretation of constitutional land rights, shifting from an economic orientation toward a sustainability paradigm. The novelty lies in connecting land rights with the Right to Food and sustainable development, offering theoretical enrichment to constitutional law discourse and practical policy guidance for aligning national agrarian governance with international obligations.

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