PENA LAW: International Journal of Law

UNRAVELING JUSTICE: THE EVOLVING LANDSCAPE OF CRIMINAL LAW IN THE MODERN ERA

Marcellus Hakeng Jayawibawa — Fri, 27 Sep 2024 00:00:00 +0000

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.

BUILDING TRUST THROUGH CONTRACT: A LEGAL PROTECTION EFFORT FOR SERVICE PROVIDERS AND USERS IN THE DIGITAL ERA

Deri Hafizh, Dewi Anggraeni, Hattarawadee Rungsimanop — Mon, 30 Sep 2024 00:00:00 +0000

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.

DATA PRIVACY AND CONSTITUTIONAL RIGHTS IN INDONESIA

Junaidi Eko Widodo, Atma Suganda, Tubagus Achmad Darodjat — Mon, 30 Sep 2024 00:00:00 +0000

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.

EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA

Bintang Al, Yuhelson Yuhelson, Supaphorn Akkapin — Mon, 30 Sep 2024 00:00:00 +0000

Empowering Archipelago Regional Laws: A Legal Analysis of Their Role in Promoting Equal Development and Enhancing the Well-being of People in Indonesia

Marcellus Hakeng Jayawibawa — Mon, 16 Sep 2024 00:00:00 +0000

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

ENVIRONMENTAL REGULATION IN CORPORATE CSR PRACTICES IN INDONESIA

Susanti Arsi Wibawani, Dedy Ardian Prasetyo, Sineenat Suasungnern — Mon, 30 Sep 2024 00:00:00 +0000

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.

LEGAL JUSTICE FOR LOW-INCOME COMMUNITIES IN BALANCED RESIDENTIAL DEVELOPMENT

Asnawi Asnawi, Dedy Ardian Prasetyo, Achara Salee — Mon, 30 Sep 2024 00:00:00 +0000

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.

OVERLAPPING MARITIME SECURITY: CHALLENGES AND OPPORTUNITIES FOR INVESTMENT IN INDONESIA'S EXCLUSIVE ECONOMIC ZONE

Buyung Dwikora, Fauzie Yusuf Hasibuan, Supot Rattanapun — Mon, 30 Sep 2024 00:00:00 +0000

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.