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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.
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Articles 354 Documents
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Criminal Liability of Bank Officials in Fictitious Loan Cases: A Study of Court Decisions Samosir, Parulian; Karina, Ica
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.13127

Abstract

Fictitious credit cases are a form of banking crime that often involves bank officials who have authority in the credit analysis, approval, and disbursement process. This research aims to analyse the form of criminal liability for bank officials in fictitious credit cases and to assess the basis for the judge's considerations in determining the guilt, role, and criminal sanctions against the perpetrators. The research method used is normative legal research with a case study approach through the analysis of several court decisions related to the criminal act of fictitious credit. The research findings indicate that bank officials can be held criminally liable based on proof of abuse of authority, gross negligence, or active involvement in the creation of credit documents and data that do not comply with internal bank regulations or legislation. The judge's considerations generally focus on the element of intent, position held, and the impact of the losses on the bank's and customers' finances. This research underscores the importance of strengthening internal oversight mechanisms, enhancing the integrity of bank officials, and updating banking regulations to prevent the recurrence of similar crimes.
Juridical Analysis of Decision No. 337/Pid.Sus/2020/PN. Jkt.Sel in the Perspective of Money Laundering and the Criminal Code Hosnah, Asmak Ul; Djakarsih Putro, Sapto Handoyo; Jevis, Weldy; Prihatini, Lilik; Sinaga, Walter Aaron Life; Zacharias, Vasco Javarison; DRD, Moch Ilham
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.13202

Abstract

 Abstract  The purpose of this legal research is to elaborate and explain fundamentally the judge's legal considerations in Decision Number 337/Pid.Sus/2020/PN. Jkt.Sel related to the application of the provisions of the Money Laundering Crime (TPPU) and its relation to the Criminal Code (KUHP). Based on the verdict, the defendant Ir. Roni Wijaya was proven to have legally committed a tax crime as stipulated in Article 39A letter a of Law Number 28 of 2007 jo. Article 64 paragraph (1) of the Criminal Code and the crime of money laundering as stipulated in Article 3 of Law Number 8 of 2010. This type of research is a normative legal research that is descriptive and analytical, with a statutory approach and a case approach, using secondary data through literature studies and qualitative analysis. The results of the study show that the application of the TPPU article in this decision has reflected the double track system of criminality, where the predicate crime in the form of tax violations is the basis for proving TPPU. The merging of the provisions of the Anti-Corruption Law and the Criminal Code shows the application of the principle  of lex specialis derogat legi generali in criminal law. Thus, this decision affirms the consistency of the application of the law to economic crimes that have a systemic impact on state finances. Keywords: Money Laundering Crime, Decision Number: 337/Pid.Sus/2020/PN. Jkt.Sel, Criminal Code. 
Reconstruction Of Diversion Policy In Handling Children Of Criminal Offenders A Comparative Study Of Law Herianto, Muhammad Firza; Alhakim, Abdurrakhman; Hutauruk, Rufinus Hotmaulana
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.12944

Abstract

AbstracktThis study analyzes the limitations of diversion in the Indonesian Juvenile Criminal Justice System, specifically the requirements for implementing diversion, namely a sentence of less than 7 years and not repeat offenses. This study applies normative juridical research methods through a statutory and comparative legal approach. The study compares the application of restorative justice approaches in the Philippines through the Republic Act No. 10630 of 2013 and in New Zealand through the Oranga Tamariki Act 1989. The findings reveal that Indonesia's diversion policy remains limited by sentencing threats and repeat offenses, forcing children to undergo formal judicial proceedings. This condition contradicts the principle of child protection, which prioritizes rehabilitation and social reintegration. As a recommendation, this study proposes reconstructing Indonesia's diversion policy by referring to the experiences of the Philippines and New Zealand to establish a more inclusive, humane, and restorative-based juvenile justice system.  Keywords: Diversion, Restorative Justice, Reconstruction. 
Legal Analysis of the Transfer of Land Use Rights into Industrial Areas Manullang, Imelda Arthameisia; ., Taupiqqurrahman
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.12865

Abstract

Abstract Land is an agrarian resource with strategic importance for national development and public welfare. One form of land tenure regulated under the Basic Agrarian Law is the Right to Cultivate. Economic growth and the rising demand for industrial land have driven the conversion of Right to Cultivate land into industrial areas. This study analyzes the process and legal consequences of such conversion under Indonesian law. Using a normative juridical method with statutory and literature approaches, the research finds that the process involves relinquishment of rights, spatial plan revision, fulfillment of Spatial Utilization Suitability, and issuance of an Industrial Estate Business License. Legally, this conversion may give rise to juridical implications concerning land-use changes, spatial conformity, and environmental management obligations. Land conversion policies must uphold the principles of land’s social function and sustainable development to ensure legal certainty and public welfare. Keyword : Right to Cultivate, Industrial Area, Legal Certainty.
Implications for Legal Certainty of Incorporating Blockchain Into the Documentation of Customary Law Institution Decisions Yusuf, Darmawan; Pelawi, Jhon Tyson
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.13141

Abstract

The development of blockchain technology opens up new opportunities in the digitization of legal documents, including decisions of customary institutions which have previously been documented conventionally and are vulnerable to loss, forgery, and discrepancies in recording. This study aims to analyze the potential for blockchain integration into customary law institutions' decision documentation systems and its implications for increasing legal certainty for indigenous communities and other stakeholders. The research method used is normative juridical, with legislative, conceptual, and comparative approaches, supported by secondary data in the form of literature related to blockchain, customary law, and legal certainty. The research results show that blockchain characteristics such as immutability, transparency, and decentralization can strengthen the authenticity and reliability of customary ruling documentation, making them more secure, permanent, and easily verifiable instruments. This technological integration also has the potential to clarify the position of customary rulings within the national legal system by improving documentation standards and facilitating the presentation of evidence before state institutions. However, blockchain implementation faces challenges such as digital infrastructure readiness, technological literacy among indigenous communities, and the need for regulatory harmonization, particularly regarding data protection, recognition of indigenous communities, and the validity of electronic evidence.
Juridical Analysis of the Determination of Abandoned Land by the Government on Land Owned by the Community Wibowo, Hanifah Fairuz; Taupiqqurrahman, Taupiqqurrahman
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.12861

Abstract

Abstract The research was conducted to legally analyze the regulations and mechanisms for determining abandoned land by the government for community-owned land and to examine the potential legal impacts arising from this policy. Land has an important position in the lives of Indonesian people, but when land is not utilized according to its intended purpose, the state has the authority to determine it as abandoned land, which is sourced from the provisions of Law Number 5 of 1960 concerning the Basic Agrarian Law, Government Regulation Number 20 of 2021, and Regulation of the Minister of ATR/BPN Number 20 of 2021. This type of research is normative legal research with data collection techniques through library research, the results obtained are that the mechanism for determining abandoned land includes the stages of inventory, evaluation, warning, and determination by the Minister of Agrarian Affairs and Spatial Planning. This policy has a positive impact in realizing equitable control and utilization of land through redistribution and agrarian reform, while supporting national development goals. However, on the other hand, there is the potential for negative impacts such as agrarian conflict, loss of land ownership rights, legal uncertainty, and social unrest if the determination procedure is carried out without regard to the principles of justice and community participation. Therefore, regulations are needed to be more clear, transparent, and equitable so that the implementation of the determination of abandoned land truly reflects legal protection and community welfare. Keywords: Abandoned Land, Property Rights, Agrarian
Juridical review of the transfer of property property that has not beenconverted into property rights Sukma, Nina Fitria; Sulastri, Sulastri
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.12864

Abstract

AbstractLand according to UUPA is the surface of the earth that can be given and owned by individuals or legal entities with state control over the land, water, and space for the welfare of the people. The UUPA requires property owners to convert rights within 20 years. Non-compliance with the conversion causes the land to become state property based on Permendagri Number 3 of 1979 and Government Regulation Number 18 of 2021. Normative juridical methods with legal and conceptual approaches as well as secondary data were used to analyze the legal consequences of the transfer of property rights that have not been converted. The results of the study show that the transfer of rights to eigendom verponding land that has not been converted into property rights is null and void because the object of the agreement is state land in accordance with Article 95 paragraph (1) of Government Regulation Number 18 of 2021 and does not receive legal protection due to the inconsistency between Government Regulation Number 24 of 1997 and Government Regulation Number 18 of 2021 which results in legal uncertainty for holders of eigendom verponding land rights who have not yet converting into property. The consequence is the loss of personal rights and material losses so that the public is advised to verify the status of the land before the transaction. Keyword: Eigendom Verponding, UUPA, Transfer of rights, Void by Law. 
The Efforts of the Indonesian Competition Commission to Seek Judicial Review of the Tender Case Decision for the Revitalization of Taman Ismail Marzuki III Nurulhuda, Nada Syifa; Surahmad, Surahmad
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.12823

Abstract

Abstract              The case of the Revitalization of Taman Ismail Marzuki III with KPPU Decision No. 17/KPPU-L/2022 has given rise to legal uncertainty due to the dualism of Supreme Court cassation decisions: Decision No. 523K/Pdt.Sus-KPPU/2024, which annulled, and Decision No. 745K/Pdt.Sus-KPPU/2024, which upheld the ruling. This dualism not only obstructs execution but also undermines the authority of KPPU in enforcing competition law. This study aims to examine the legitimacy of KPPU in filing a Judicial Review (PK) and its implications for legal certainty and justice. The method applied is normative juridical with a statutory approach and judicial decision analysis. The findings show that Article 16 paragraph (2) of Supreme Court Regulation (Perma) No. 3 of 2021 bars KPPU from filing a Judicial Review, thereby depriving KPPU of legal certainty in executing its decisions, as the two rulings reflect a dualism. This study recommends the issuance of a new Supreme Court Regulation granting KPPU the authority to seek a Judicial Review to ensure justice and legal certainty in this case and in future cases. Keywords: KPPU, Judicial Review, Legal Certainty
Protection of Shareholders Through Shareholders Agreement (Study: Comparison of Indonesian and Canadian Laws) Alya, Farah; Wahyuni, Ridha
PALAR (Pakuan Law review) Vol 12, No 1 (2026): Volume 11, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.12954

Abstract

Abstract Protection for shareholders is essential in corporate practice to provide legal certainty for shareholders. This study aims to analyze the effectiveness of shareholders agreements as an important instrument for overcoming the limitations of articles of association in order to increase legal certainty for shareholders, as well as to analyze legal comparisons between Indonesia and Canada regarding the regulation of shareholders agreements in order to increase legal certainty for shareholders. The research method used is normative juridical, with a legislative approach and a comparative law approach. The results of the study show that in Indonesia, shareholders agreements are recognized as civil agreements that are binding on the parties as long as they do not conflict with the UUPT and the articles of association. However, in Indonesia, this is not explicitly regulated in the law. In contrast, in Canada, shareholders agreements have obtained special provisions through the Unanimous Shareholders Agreement (USA), which can explicitly limit or take over some of the authority of the board of directors. In Canada, shareholders agreements can be an alternative for dispute resolution. This study recommends harmonizing shareholders agreements with the articles of association and explicit provisions regarding shareholders agreements. Keywords: Shareholder Protection, Shareholders Agreement, Indonesian Law, Canadian Law.
Consumer Protection against Overclaim of Skincare Products: A Comparison of Regulations of BPOM Indonesia and the Ministry of Food and Drug Safety of South Korea Amina, Frahnaz; Tarina, Dwi Desi Yayi
PALAR (Pakuan Law review) Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i4.12874

Abstract

AbstractThe development of the skincare industry in Indonesia has been accompanied by increasing overclaiming practices, indicating a legal loophole in consumer protection through regulation and supervision by the Indonesian Food and Drug Administration (BPOM). This study aims to compare the regulations and supervision of BPOM Indonesia and the South Korean Ministry of Food and Drug Safety (MFDS), which has a strong mechanism for regulating and supervising cosmetic products. The method used is normative juridical with a legislative, case, and comparative approach, through a literature study and descriptive analysis. The results show that BPOM's regulation of claims is still general and does not distinguish between general and functional cosmetics, does not set detailed scientific standards for proving claims, and supervision is reactive. On the contrary, South Korea's MFDS has implemented cosmetic classification, scientific evidence standards for claims, and proactive risk-based oversight. Therefore, BPOM is advised to clarify cosmetic classification, establish scientific evidence standards for claims, and develop an Integrated Digital Monitoring Framework System to strengthen proactive digital oversight and consumer protection. Keywords: Comparative Law, Consumer Protection, Overclaim.

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