cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Arie Wuisang
Contact Email
palar@unpak.ac.id
Phone
-
Journal Mail Official
palar@unpak.ac.id
Editorial Address
Jl. Pakuan PO Box 452 Bogor 16143 Jawa Barat Indonesia
Location
Kota bogor,
Jawa barat
INDONESIA
PALAR (Pakuan Law review)
Published by Universitas Pakuan
ISSN : 27160440     EISSN : 26141485     DOI : https://doi.org/10.33751/palar
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Pakuan Law Review (PALAR) memuat naskah tentang isu-isu di berbagai bidang hukum yang aktual. PALAR adalah media dwi-tahunan, terbit sebanyak dua nomor dalam setahun (Januari-Juni, dan Juli-Desember) oleh Fakultas Hukum Universitas Pakuan.
Arjuna Subject : -
Articles 354 Documents
 31   32   33   34   35 
Juridical Analysis Of The Practice Of Renting Back Shophouses To Other Parties Without Permission From The Shophouse Owner (Case Study Of Decision Number 6/Pdt.G.S/2024/Pn Sit) Sulistyo, Luthfiani Bintang; Sulastri, Sulastri
PALAR (Pakuan Law review) Vol 11, No 2 (2025): Volume 11, Nomor 2 April-June 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i2.12000

Abstract

The purpose of this research is to examine civil law perspectives on the practice of subleasing a shop house (ruko) to a third party without the owner’s consenct, as well as to analyze the legal remedies available to the shop house owner in order to recover losses suffered as a result of Decision Number 6/Pdt.G.S/2024/PN Sit. This study employs a normative juridical method using a statute approach and a case approach. The results indicate that, form a civil law standpoint, the practice of subleasing without the owner’s permission is an act that contradicts the principle of good faith and violates the provions of lease aggrements, particularly as stipulated in Article 1559 of the Indonesian Civil Code, and therefore can be classified as a breach of contract. To recover the losses resulting from the lessee’s actions and the aforementioned court decision, the shop house owner has the right to pursue various legal remedies, including ordinary legal remedies such as appeal and cassation, as well as extraordinary legal remedies such as judicial review (Peninjauan Kembali or PK).Keyword: Lease Agreement, Subleasing, Default
The Impact Of Changes In Legal Acts On Electronic Certificates Nugroho, Abraham Odilo; Rahayu, Etty Tri; Saraswati, Harsinta; Rukmana, Siti
PALAR (Pakuan Law review) Vol 11, No 2 (2025): Volume 11, Nomor 2 April-June 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i2.12382

Abstract

ABSTRACTThis article aims to analyze the impact of changes in legal acts on electronic certificates in people's lives as a form of dissemination of information to the public in connection with changes in provisions regarding electronic certificates regulated in the Regulation of the Minister of State for Agrarian Affairs / Head of the National Land Agency Number 3 of 2023 concerning the Issuance of Electronic Documents in Land Registration Activities which has been in effect since July 2024. The main problem in this article is how the legal impact of changing electronic certificates from analog certificates to electronic certificates. The method of analyzing the article with normative legal research is explanatory in nature using primary and secondary legal materials, and the form of research used is prescriptive. The results of the study concluded that the impact of changes in legal acts on electronic certificates has positive and negative impacts in society. So that the suggestions given in this article are expected to help and educate the public who need education regarding the legal impact of changes in electronic certificates in Indonesia.  Keywords: Certificate, Electronic Certificate, National Land Agency.
The Position Of Proof Of Suspicion In Determining The Status Of Out-Of-Wedlock Children As Biological Children Sadjeli, Siti Soraya; Ramadhani, Dwi Aryanti
PALAR (Pakuan Law review) Vol 11, No 2 (2025): Volume 11, Nomor 2 April-June 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i2.12085

Abstract

Abstract This study aims to examine the position of evidence of suspicion as stipulated in Article 1915  of the Civil Code, especially proof to determine the status of out-of-wedlock children as biological children in civil procedure law, and to explore the extent to which the legal system provides protection for the civil rights of out-of-wedlock children who are determined as biological children without a DNA test. The type of research used is normative juridical which is descriptive-analytical, using a legislative approach and a case approach, with data collection techniques through literature studies, and processing qualitatively analyzed data. The results of the study show that evidence of suspicion is legal according to the law and can be used as a basis for judge's consideration if it is supported by the facts. A civil relationship between a child and a biological father can be recognized without a DNA test, simply with other evidence such as communications, witnesses, or indirect confessions at trial. This ensures the child's access to custody, identity, education, inheritance, and alimony. The state plays a role in protecting the rights of children out of wedlock in an inclusive manner and eliminating birth status discrimination. Suspect evidence needs to be strengthened as an alternative to proof if a DNA test is not carried out. The judge is expected to assess indirect facts wisely for the best interests of the child. Regulation, socialization, and training of law enforcement are needed to ensure that proof without DNA tests guarantees the protection of the civil rights of out-of-wedlock children. Keywords: Evidence of Suspicion, Status of Out-of-wedlock Children, Civil Procedure Law, Civil Rights.
Accumulation of Lawsuits and Applications in the Case of Revocation of Custody and Determination of Guardianship of Adult Children: Study of Decision No. 376/Pdt.G/2021/PA. Klk Nastiya, Tri; Harahap, Mhd Yadi
PALAR (Pakuan Law review) Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i3.12380

Abstract

Abstract  Regulations in Indonesia state that a child under the age of 18 is under the authority of their parents, who are obligated to care for, educate, and meet the child’s needs, as stipulated in Article 47 paragraph (1) of Law No. 1 of 1974 on Marriage. Based on this provision, this study examines the legal issues in Decision Number 376/Pdt.G/2021/PA.Klk of the Religious Court of Kolaka, which granted a claim for the revocation of parental authority and simultaneously appointed a guardian for an individual who was already 20 years and 4 months old.The research addresses two main issues: the inappropriateness of the legal subject who, according to positive law, is already an adult; and a procedural defect in the form of the combination of two different types of cases in a single proceeding—namely, a contentious claim (contentiosa) and a non-contentious petition (voluntair).This study adopts a normative legal approach with two methods of analysis: statutory approach and case study approach. The sources of data include primary, secondary, and tertiary legal materials. The analysis reveals that the court’s decision is inconsistent with the principles of civil procedural law, which clearly distinguishes between claims and petitions. Furthermore, the appointment of a guardian for a legal subject who has reached adulthood without proving legal incapacity contradicts the provisions of Islamic law, the Indonesian Civil Code, and the Compilation of Islamic Law.Thus, the ruling contains both formal and material errors. This study highlights the importance of consistent application of the legal age of adulthood and formal clarity in the submission of cases in religious courts. Keywords: Parental Authority, Guardianship, Civil Procedural Law, Adult Child, Religious Court
Insolvency Test As Protection For Public Companies From Declaration Of Bankruptcy Tranggono, Emiral Rangga; Wijaya, Mustika Mega; Insan, Isep H
PALAR (Pakuan Law review) Vol 11, No 2 (2025): Volume 11, Nomor 2 April-June 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i2.11815

Abstract

AbstractThe ease of filing a bankruptcy petition in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (Bankruptcy Law PKPU) creates vulnerabilities for public companies, even though the public companies have good intentions and healthy financial conditions. The absence of insolvency test regulations creates a legal vacuum that has the potential to be misused by creditors. This study aims to examine the urgency of implementing an insolvency test in Indonesian bankruptcy law and to analyze the need for legal protection for public companies that are still solvent from the potential misuse of bankruptcy petitions through the application of an insolvency test. The research method used is normative law, which uses a legal norm system, which includes research on legal principles and legal rules, in addition this study uses a descriptive inductive approach. Public companies whose shares are owned by many investors need legal protection so that the shareholder community is also protected. The use of insolvency tests such as the balance sheet insolvency and cash flow insolvency methods can be an objective basis for the court in deciding on bankruptcy petitions against public companies. The absence of regulation on insolvency test in Bankruptcy Law PKPU is the impetus to reform bankruptcy law in Indonesia. Therefore, there needs to be a provision that requires bankruptcy test before a public company can be filed for bankruptcy, to ensure that its financial condition is truly insolvent. Keywords: Public Company; Bankruptcy; Insolvency Test. 
Indigenous Peoples and Modernization towards Achieving Golden Indonesia Febrianty, Yenny; Sinaga, Walter A.L.; Brahmana, Rizkita
PALAR (Pakuan Law review) Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i3.12750

Abstract

AbstractThis study aimed to analyze how indigenous law communities in Indonesia adapt to legal modernization in support of the Indonesia Emas 2045 vision. Employing a normative juridical approach supported by empirical data, this research examined the continuity of customary law amidst the transformation of the national legal system, which is increasingly rational, codified, and legalistic. The normative analysis involved a review of relevant legislation and legal doctrines. In contrast, the empirical analysis was drawn from previous case studies that highlighted the interaction between customary law and modernization in various indigenous communities, such as the Baduy, Tolaki, and indigenous communities in Bekasi. The findings revealed that legal modernization has significantly impacted social order, traditional authority, and the cultural values of indigenous law communities. Disruptions are evident in traditional dispute resolution mechanisms, shifts in customary power structures, and transformations from collectivist to more individualistic values. Nevertheless, indigenous law communities exhibit adaptive strategies through the hybridization of customary norms, institutional strengthening via regional regulations, and social movements advocating for the recognition of customary law within the national legal framework. This study recommends the importance of a contextual and inclusive legal approach to ensure that customary law remains vibrant and empowered amidst modernization, serving as an integral component of sustainable legal development toward Indonesia Emas 2045. Keywords: Customary Law, Indigenous Law Communities, Legal Modernization, Social Adaptation, Cultural Identity, National Legal System, Indonesia Emas 2045
Breach Of Contract In Focus: Legal Analysis Of Debt Transfer, Property Rights, And Contractual Obligations Gunawan, Anneke Catlynne; Gunadi, Chaterine Grace; Indrakusuma, Jason; Emmanuel Stutanto, Theodore Francisco; Tanaya, Velliana; Nugraha, Dewi
PALAR (Pakuan Law review) Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i3.11821

Abstract

AbstrakThis article explores the legal framework surrounding breach of contract in Indonesian civil law, with particular focus on debt transfer, property rights, and the enforcement of contractual obligations. By analyzing two recent court decisions—a Supreme Court ruling and a High Court judgment from Surabaya—the study examines how Indonesian judges interpret and apply the principles of contract law in practice. The first case highlights the legal implications of unfulfilled obligations and delayed property settlement, while the second illustrates the procedural and substantive challenges in resolving disputes involving transferred debts and overlapping property claims. The discussion reveals how courts evaluate evidence, assess good faith, and determine liability. The article argues for clearer standards in interpreting contract breaches and a more consistent application of the rules governing debt transfer and secured property rights. These findings contribute to a deeper understanding of judicial tendencies and their implications for legal certainty and contract enforcement in Indonesia. Keywords: Breach of contract, ebt transfer, Property rights, Contractual obligations, Indonesian civil law.
Cancellation Of Government Procurement Of Goods/Services In Administrative Legal Aspects And Implication In Ptun Gunawan, Anneke Catlynne; Gunadi, Chaterine Grace; Indrakusuma, Jason; Emmanuel Stutanto, Theodore Francisco
PALAR (Pakuan Law review) Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i3.11761

Abstract

AbstractProcurement is an activity that involves various parties in an auction or tender process to get the best offer in terms of price, quality, and efficiency. One of the problems that often arise in public procurement tenders is the unilateral cancellation of tenders by authorized officials, which has an impact on losses for bidders. This research aims to analyze the administrative law aspects in the cancellation of government procurement of goods/services and its implications in the State Administrative Court (PTUN). Using a secondary qualitative research method, this research relies on data from journals, articles, and relevant regulations. One of the cases studied is the Jakarta Administrative Court Decision No. 191/G/2019/PTUN-JKT relating to the cancellation of the auction of the DKI Jakarta Electronic Paid Road System (SJBE/ERP) project. The results showed that the cancellation of the auction carried out by the Procurement Committee did not fulfill legal procedures and the aggrieved party could challenge the decision letter to cancel the auction at the PTUN. This study recommends the importance of transparency, accountability, and the application of principles in the public procurement process to avoid injustice to the public. Keywords: Administrative Remedies, Tender, Cancellation, PTUN, Procurement of Goods/Services
Arbitrary Suspect Designation In Corruption Cases The Legal And Human Rights Implications Nugraha, Roby Satya; Iskandar, Eka Ardianto; Siswajanthy, Farahdinny; Darmawan, Iwan; Suhermanto, Suhermanto; Wuisang, Ari
PALAR (Pakuan Law review) Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i3.12648

Abstract

ABSTRACTThe determination of a suspect constitutes a legal act by investigators that alters a person’s status from not being linked to a criminal offense into someone who is reasonably alleged to have committed one. This study arises from the Attorney General’s Office’s decision to designate Thomas Trikasih Lembong as a suspect, which was not in accordance with the provisions of the Indonesian Criminal Procedure Code (KUHAP). The research adopts a normative legal method complemented by empirical analysis, relying on secondary sources (literature) and interviews with relevant parties. The theoretical framework employed is based on the Theory of Legal Protection and Progressive Law Theory, which underpin the analytical approach in achieving the research objectives. The findings reveal that the suspect designation against Thomas Trikasih Lembong lacked sufficient preliminary evidence, as the prosecutors failed to prove any actual state financial loss attributable to him. Moreover, the legal provision invoked by the Attorney General’s Office did not meet the required elements of a corruption offense. The study concludes that law enforcement authorities must exercise their powers in compliance with existing legal rules to guarantee both legal certainty and a fair sense of justice for all individuals. Keywords: Corruption, Suspect Designation, Attorney General’s Office, Legal Certainty, Pretrial.
Transfer of Fiduciary Collateral Objects by Debtors Through Pawn without Creditor’s Consent: A Case Study of District Court Decision No. 1012/Pid.Sus/2024/PN TJK Audyasari, Ruktanti; Harahap, Mhd Yadi
PALAR (Pakuan Law review) Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i3.12785

Abstract

Abstract  This study examines the practice of transferring fiduciary collateral objects by debtors through pawning without obtaining the creditor’s consent, with a particular focus on the District Court Decision of Tanjung Karang Number 1012/PID.SUS/2024/PN TJK. The increasing economic demands of society have encouraged the use of credit facilities from financing institutions, which commonly rely on fiduciary security as regulated under Law Number 42 of 1999. This instrument grants privileged rights to the fiduciary recipient. However, in practice, debtors frequently commit default by transferring the collateral object without the creditor’s written consent, thereby violating the provisions of Article 23 paragraph (2) of the Fiduciary Law. The purpose of this research is to analyze the legal provisions regarding the transfer of fiduciary collateral objects without creditor approval under Law Number 42 of 1999, as well as to examine the debtor’s legal liability in the case involving PT Adira Dinamika Finance Tbk. The research method employed is normative juridical, using statutory, case, and analytical approaches. Primary data sources consist of Law No. 42 of 1999 and the Indonesian Civil Code, supported by secondary data from academic literature and legal journals. The data were analyzed using a descriptive qualitative method. The findings indicate that the transfer of fiduciary collateral objects without written approval constitutes a criminal act, punishable by imprisonment of up to two years and a fine of Rp50,000,000, as stipulated in Article 36 of the Fiduciary Law. In the case of defendant Rio Aditia, it was proven that default and unlawful conduct occurred, resulting in financial losses for PT Adira Dinamika Multi Finance, Lampung Branch. Therefore, the creditor is entitled to claim compensation and execute the fiduciary collateral object based on the principle of droit de suite. Keywords: Fiduciary Collateral, Transfer of Objects, Creditor, Debtor

Page 33 of 36 | Total Record : 354

 31   32   33   34   35 

Filter by Year

2015 2026


Reset
Filter By Issues
All Issue Vol 12, No 1 (2026): Volume 11, Number 1 January-March 2026 Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025 Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025 Vol 11, No 2 (2025): Volume 11, Nomor 2 April-June 2025 Vol 11, No 1 (2025): Volume 11, Number 1 January-March 2025 Vol 10, No 4 (2024): Volume 10, Nomor 4 Oktober-Desember 2024 Vol 10, No 3 (2024): Volume 10, Nomor 3 July-September 2024 Vol 10, No 2 (2024): Volume 10, Nomor 2 April-Juni 2024 Vol 10, No 1 (2024): Volume 10, Nomor 1 Januari-Maret 2024 Vol 9, No 4 (2023): Volume 9, Nomor 4 Oktober-Desember 2023 Vol 9, No 3 (2023): Volume 9, Nomor 3 July-September 2023 Vol 9, No 2 (2023): Volume 9, Nomor 2 April-Juni 2023 Vol 9, No 1 (2023): Volume 9, Nomor 1 Januari-Maret 2023 Vol 8, No 4 (2022): Volume 8, Nomor 4 Oktober-Desember 2022 Vol 8, No 3 (2022): Volume 8, Nomor 3 Juli-September 2022 Vol 8, No 2 (2022): Volume 8, Nomor 2 April-JunI 2022 Vol 8, No 1 (2022): Volume 8, Nomor 1 Januari-Maret 2022 Vol 7, No 4 (2021): Volume 7, Nomor 4 Oktober-Desember 2021 Vol 7, No 3 (2021): Volume 7, Nomor 3 Juli-September 2021 Vol 7, No 2 (2021): Volume 7, Nomor 2 April-Juni 2021 Vol 7, No 1 (2021): Volume 7, Nomor 1 Januari-Maret 2021 Vol 6, No 2 (2020): Volume 6, Nomor 2 Juli-Desember 2020 Vol 6, No 1 (2020): Volume 6, Nomor 1 Januari-juni 2020 Vol 5, No 2 (2019): Volume 5 Nomor 2, Juli-Desember 2019 Vol 5, No 1 (2019): Volume 5 Nomor 1, Januari-Juni 2019 Vol 4, No 2 (2018): Volume 4 Nomor 2 Juli - Desember 2018 Vol 4, No 1 (2018): Volume 4 Nomor 1, Januari-Juni 2018 Vol 3, No 2 (2017): Volume 3, Nomor 2, Juli-Desember 2017 Vol 3, No 1 (2017): Volume 3, Nomor 1, Januari-Juni 2017 Vol 2, No 2 (2016): Volume 2 Nomor 2 Juli Desember 2016 Vol 2, No 1 (2016): Volume 2 Nomor 1 Januari - Juni 2016 Vol 1, No 2 (2015): Volume 1 Nomor 2 Juli Desember 2015 Vol 1, No 1 (2015): Volume 1 Nomor 1 Januari - Juni 2015 More Issue