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All Journal PALAR : Pakuan Law Review
Fero Sanjaya
faculty of Law University of Bengkulu
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Formulation of Morality Crimes in Law No. 1 of 2023: A Criminal Law Study of the Risk of Overcriminalization and Legal Certainty Natasa Belinda; 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.v12i2.59

Abstract

Law No. 1 of 2023 on the Criminal Code brings fundamental reforms to Indonesia's criminal justice system, including the reclassification of moral crimes. The formulation of offenses such as adultery and cohabitation has sparked debate regarding the rational limits of criminalization in a state governed by the rule of law. This study aims to analyze the normative formulation of moral crimes in Law No. 1 of 2023, examine the potential for overcriminalization, and assess its implications for the principle of legal certainty. This study uses a qualitative descriptive method with a normative juridical approach through the analysis of legislation and a conceptual approach. The primary legal material is Law No. 1 of 2023, while the secondary legal material includes current literature and scientific articles. The results of the study show that the expansion of the scope of moral offenses has the potential to expand state intervention in the private sphere, even though it is formulated as a complaint offense. Several provisions still leave room for multiple interpretations that can affect the consistency of the application of the principles of legality and legal certainty. This study emphasizes the importance of limiting criminalization based on the principles of proportionality and ultimum remedy so that criminal law reform remains in line with the values of legal certainty and the protection of citizens' rights.   Keywords : Moral crimes, Overcriminalization, Legal certainty, Principle of legality, 2023 Criminal Code.
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.
Co-Authors Hafidz Alkhairi Herlita Eryke Herlita Eryke Muhammad Irfan Fadhila Natasa Belinda