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INDONESIA
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 73 Documents
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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.
International Diplomacy Policy on the Iran–United States War (2025–2026) from the Perspective of Siyasah Harbiyah: International Diplomacy Policy on the Iran–United States War (2025–2026) from the Perspective of Siyasah Harbiyah Rojaya Marbun; Syaiful Amri
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.v4i1.306

Abstract

This research is motivated by the escalation of geopolitical tensions between Iran and the United States during the 2025–2026 period. This conflict peaked with Iran's implementation of a maritime blockade of the Strait of Hormuz. The closure of this global energy route significantly impacted the international economy, including threats of inflation and a surge in energy subsidies, particularly in Indonesia. This study aims to dissect the dynamics of Iran's foreign policy changes and multilateral diplomatic responses from a Siyasah (Islamic politics) perspective. Using a normative juridical method that is qualitative-descriptive with a case approach, data were collected through a literature review of primary, secondary, and tertiary legal materials, such as the Qur'an, Hadith, classical fiqh literature, and relevant regulatory documents. The theory of Siyasah Dauliyah serves as the macro framework for international relations, while Siyasah Harbiyah functions as a specific analytical tool for armed crisis conditions. The results show that Iran's initial blockade of the Strait of Hormuz was a legitimate form of asymmetric defense (al-difa') when its state sovereignty was threatened. However, between April and May 2026, the Iranian government engaged in political ijtihad by gradually reopening access to the strait through envoy channels (al-sifarah) mediated by neutral countries such as Oman and Qatar. This de-escalation was triggered by multilateral diplomatic pressure from forums such as the OIC and the UN. The study concludes that the flexibility of Iran's policy, shifting from military confrontation to peaceful accommodation, is a clear manifestation of the enforcement of contemporary Siyasah Dauliyah and Siyasah Harbiyah strategies to achieve shared economic benefit (maslahah ammah) and prevent wider global harm.
LEGAL PROTECTION OF THE PRESIDENT IN A SOVEREIGN STATE FROM THE PERSPECTIVE OF SIYASAH DAULIYAH (A CASE STUDY OF THE ARREST OF THE PRESIDENT OF VENEZUELA): LEGAL PROTECTION OF THE PRESIDENT IN A SOVEREIGN STATE FROM THE PERSPECTIVE OF SIYASAH DAULIYAH (A CASE STUDY OF THE ARREST OF THE PRESIDENT OF VENEZUELA) Muhammad Rahmat Ridha; Afifa Rangkuti
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.v4i1.307

Abstract

State sovereignty and head of state immunity are fundamental principles of international law, shielding heads of state from foreign court jurisdiction under the doctrine *par in parem non habet imperium*. This study examines the legal protection afforded to a president as head of state and reviews the U.S. arrest of Venezuelan President Nicolás Maduro through the lenses of international law and Siyasah Dauliyah. Using a normative legal method with statutory and conceptual approaches, the research finds that Maduro’s arrest carried out via a unilateral military operation without UN Security Council authorization and without due international legal process violates Article 2(4) of the UN Charter and contravenes customary international law on head of state immunity. From the Siyasah Dauliyah perspective, the head of state embodies political authority and state sovereignty; thus, any action against him constitutes an action against the state itself. The principles of equality, justice, human dignity, and peace, which underpin international relations in *Siyasah Dauliyah*, reject intervention and the use of force against other states. Consequently, legal protection for a president as head of state is inseparable from safeguarding national sovereignty and upholding the non‑intervention principle in international affairs. Any breach of this protection not only undermines the rule of law but also threatens global stability and the mutual respect that sovereign states owe one another.

Page 8 of 8 | Total Record : 73

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