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All Journal PALAR : Pakuan Law Review
Herlita Eryke
Faculty of Law University of Bengkulu
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of the Principle of Legality in Law Number 1 of 2023: An Analysis of the Extension of Living Law in Society and Its Implications for Legal Certainty Indah Cahya Purnama; Herlita Eryke
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.57

Abstract

This study examines the effect of the application of living law on legal certainty in Indonesia's criminal justice system after the enactment of Law Number 1 of 2023. The analysis is based on 412 court decisions from 2022 to 2025, comparing conditions before and after the reform . The findings show a significant increase in the intensity of living law application, reflected in higher references to local norms, stronger sociological reasoning, and greater influence on judicial decisions. At the same time, legal certainty declined, as indicated by reduced decision consistency, increased judging disparity, and higher rates of legal appeals . Regression results confirm that all indicators of living law application have a negative and significant effect on legal certainty. The strongest effect comes from the influence of living law on judicial decisions, followed by sociological reasoning and references to local norms . This study provides an empirical contribution to the literature on legal pluralism and criminal law reform by demonstrating how the expansion of non-written norms affects judicial consistency. The findings highlight the need for clear interpretative guidelines to ensure balance between flexibility and legal certainty.   Keywords :​ Living law, legal certainty, criminal justice, sentencing disparity.
Legal Analysis of Oral Indefinite-Term Employment Agreements (PKWTT) from the Perspective of Law No. 11 of 2020 on Job Creation Hafidz Alkhairi; Fero Sanjaya; Herlita Eryke
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.60

Abstract

This study aims to analyze the legal aspects of oral indefinite-term employment agreements (PKWTT) within the framework of Law Number 11 of 2020 on Job Creation. The main issues examined include the legal validity of oral employment agreements, the differences in characteristics between fixed-term employment agreements (PKWT) and indefinite-term employment agreements (PKWTT), as well as the legal consequences arising from termination of employment (PHK), particularly unilateral termination by employers. This research employs a normative legal method using statutory and conceptual approaches, based on primary, secondary, and tertiary legal materials. The results show that oral employment agreements are legally valid within the context of PKWTT, as long as they fulfill the essential elements of a valid agreement and comply with applicable laws and regulations. However, to ensure legal certainty, employers are required to issue an appointment letter as formal evidence of the employment relationship. Furthermore, if a fixed-term employment agreement (PKWT) is not made in written form, it is legally converted into an indefinite-term employment agreement (PKWTT). In cases of termination of employment, workers under PKWTT status are entitled to severity pay, long-service awards, and compensation in accordance with prevailing regulations. Violations of these obligations may result in administrative and criminal sanctions as specified in the implementing regulations of the Job Creation Law. In conclusion, oral employment agreements in PKWTT are legally recognized; However, they require stronger administrative compliance and legal protection to safeguard workers' rights and ensure legal certainty in industrial relations.   Keywords : Employment Agreement, PKWTT, Oral Agreement, Job Creation Law, Legal Certainty.
Problems of Limiting Cassation in Criminal Cases: Normative Analysis of Article 299 of Law Number 20 of 2025 concerning the Criminal Procedure Code Muhammad Irfan Fadhila; Fero Sanjaya; Herlita Eryke
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.71

Abstract

Law Number 20 of 2025 concerning the Criminal Procedure Code introduces a new policy on limiting cassation remedies in criminal cases through Article 299. The policy is intended to improve judicial efficiency and reduce case backlogs at the Supreme Court. However, the restrictions raise concerns regarding access to justice and the protection of procedural rights within the criminal justice system. This study aims to analyze the normative construction of cassation limitations under Article 299 and examine their implications for the principles of access to justice and fair trial. The research employs a normative legal method using statutory, conceptual, and case approaches. Legal materials are analyzed through grammatical, systematic, and teleological interpretation. The findings reveal that the limitation of cassation reflects a shift in criminal procedural policy from a rights-oriented approach toward an efficiency-oriented approach. Although the policy may contribute to reducing the Supreme Court's caseload, it simultaneously narrows opportunities to correct legal errors and may weaken the cassation function in maintaining uniform application of law. This study argues that cassation limitations should only be applied proportionally and based on clear legal criteria to ensure compliance with due process of law. The research contributes a normative framework for assessing the legitimacy of cassation restrictions by balancing judicial efficiency, legal certainty, and the protection of procedural rights in Indonesia's criminal justice system .   Keywords : Cassation, Limitation of Cassation, Criminal Procedure Code, Supreme Court, Access to Justice, Due Process of Law.
Implementation Of The Flight Information Region Boundary Adjustment Agreement Between Indonesia And Singapore Salsa Nur Ramadhani Hermandasari; Herlita Eryke
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.160

Abstract

Flight Information Region (FIR) boundary adjustment agreement which was agreed upon by the Indonesian Government with the Singapore Government on January 25 2022, which was later ratified through Presidential Decree No. 109 of 2022, is the result of Indonesia's long struggle. In the implementation of the FIR boundary adjustment agreement, issues regarding Indonesia's sovereignty and the substance of the agreement are not in accordance with Indonesian national regulations, such as Article 2 of the FIR adjustment agreement, Indonesia is obliged to delegate management of Riau air to Singapore's FIR and Article 7 which states that the duration of this agreement is valid for 25 years. . This is not in line with the mandate of the Aviation Law which states that all flight navigation services managed by other countries must be completely taken over by Indonesia by 2024. So it is necessary to conduct research on the Implementation of the FIR Boundary Adjustment Agreement between Indonesia and Singapore. With analytical material based on the efforts of the Indonesian Government in resolving the Riau FIR problem and implementing the Indonesian FIR agreement with Singapore which was agreed upon by both parties. This research uses a juridical-normative legal research method with a historical approach, a statutory approach and a conceptual approach. The research results show that First, there is a long history of the Indonesian Government's efforts to take over air sovereignty and FIR management in the Riau Islands airspace. Second, the implementation of the FIR boundary adjustment agreement between Indonesia and Singapore has been implemented, but the Indonesian Government needs to re-evaluate the substance of the FIR Agreement. Keywords : Management, FIR, Agreements, Indonesia, Singapore, Air Sovereignty, Air Space, Flight Information Region, ICAO, International Aviation Law.
Comparison of Constitutional Requirements for Heads of State in Indonesia, the United States, and the United Kingdom Between the Principles of Non-Discrimination and People's Sovereignty Muhammad Andrean Eka Syaputra; Herlita Eryke
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study compares the constitutional requirements for heads of state in Indonesia, the United States, and the United Kingdom, focusing on the dilemma between the principles of non-discrimination and popular sovereignty. The requirements for heads of state reflect the application of the rule of law theory, which seeks to maintain legitimacy, political stability, and national integrity. Indonesia and the United States require candidates for heads of state to be natural-born citizens to guarantee exclusive loyalty, while the United Kingdom uses a parliamentary system with a monarchical head of state and head of government elected by parliament, without strict formal restrictions on citizenship. This study examines the meaning of these norms in the context of modern democracy, analyzes the potential for discrimination against naturalized citizens through the lens of international human rights instruments particularly the International Covenant on Civil and Political Rights (ICCPR), and interprets how each country harmonizes the principle of popular sovereignty with the protection of state sovereignty through normative mechanisms and leadership recruitment. The results show that these differences in regulations represent historical and sociocultural adaptations that adhere to the principles of the rule of law and constitutional democracy. The scientific contribution of this research lies in its human rights-based comparative analysis of three different constitutional systems in assessing the proportionality of citizenship requirements for head of state candidates in the era of modern democracy. Keywords: requirements for heads of state, democracy, rule of law, non-discrimination, popular sovereignty, Indonesia, United States, United Kingdom
Criminological Review Of The Phenomenon Of Verbal Sexual Harassment Against Women In Indonesia Vevti Al Putriana. A; Herlita Eryke
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.162

Abstract

Verbal sexual harassment against women is a common phenomenon in Indonesia and is often considered trivial by some, despite its significant impact on women's psychological well-being, sense of security, and freedom to engage in activities in both public and private spaces. This study aims to examine the phenomenon of verbal sexual harassment against women in Indonesia from a criminological perspective, emphasizing the causal factors, perpetrators' behavioral patterns, and the impacts experienced by victims. This research uses a normative legal research type with a criminological approach through a literature study method of various legal sources, books, and relevant scientific journals. The results of the study indicate that the occurrence of verbal sexual harassment is influenced by patriarchal social construction, low public awareness and understanding of forms of sexual harassment, weak law enforcement, and the existence of social stigma against victims, which causes many victims to be reluctant to report their experiences. Therefore, needed through increasing public education, strengthening the legal framework, and providing adequate support for victims to create a safer and more equitable environment for women in Indonesia. Keywords: Criminology, Verbal Sexual Harassment, Women, Gender-Based Violence, Social Norms, Victimology, Sexual Harassment, Social Control Theory
Co-Authors Fero Sanjaya Hafidz Alkhairi Indah Cahya Purnama Muhammad Andrean Eka Syaputra Muhammad Irfan Fadhila Salsa Nur Ramadhani Hermandasari Vevti Al Putriana. A