Pamulang Law Review
Jurnal ini dikelola oleh Fakultas Hukum Unpam dan diiterbitkan oleh Unpam Press. Jurnal Pamulang Law Review merupakan sebuah wadah bagi para akademisi dan peneliti serta masyarakat pada umumnya untuk menuangkan ide pemikiran dan gagasan yang kritis dan konstruktif pada bidang pengkajian Hukum sesuai dengan focus and scoupe. Terbit dua kali dalam setahun pada bulan Agustus dan November. Pamulang Law Review (PalRev) merupakan jurnal ilmiah di bidang hukum keperdataan dari berbagai sistem hukum yang terdapat dan berkembang di masyarakat tradisional dan modern yang disiapkan sebagai wadah dari pemikiran, penelitian dan gagasan para akademisi, peneliti dan praktisi dibidang hukum, atas fenomena hukum yang jamak terjadi di masyarakat. Yang menjadi ruang lingkup artikel yang diterbitkan dalam jurnal Pamulang Law Review ini membahas berkaitan dengan berbagai macam aspek hukum, ialah: Hukum Pidana; Hukum Perdata; Hukum Tata Negara; Hukum Administrasi Negara; Hukum Agraria; Hukum Ekonomi; Hukum Islam; Hukum Adat; Hukum Internasional.
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<![CDATA[Penyelesian Sengketa Jual Beli Tanah Dibawah Tangan Antara Pembeli Dengan Ahli Waris Secara Litigasi Sebagai Jalan Mendapatkan Kepastian Hukum ]]>
<![CDATA[Soewita, Samuel]]>;
<![CDATA[Mahendra, Reza]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43281
<![CDATA[Land disputes never subside, and in fact tend to continue to increase in both intensity and completeness, as access to obtain and own land becomes increasingly difficult. Disputed land issues include land objects, boundaries, area, land status, subject surroundings, rights containing, transfer of rights and so on. One way to resolve land disputes is generally through the courts (litigation). This route is used if the parties feel that their rights have been disturbed and have caused harm, then the person who feels their rights have been harmed can file a lawsuit in court in accordance with applicable procedures. A lawsuit before the court always contains elements of a plaintiff or plaintiffs, a defendant and a co-defendant or co-defendants. The method of settlement through the court is regulated in the Civil Procedure Law (Burgerlijk Procesrecht, Civil Law of Procedure). It is hoped that with the existence of civil procedural law, parties to a dispute can restore their rights that have been harmed by other parties through a court that provides a sense of legal certainty.]]>
<![CDATA[Pencegahan Perkawinan Anak di NTB: Perspektif Kebijakan dan Masyarakat dalam Perspektif Gender ]]>
<![CDATA[Maghfurrohman, Muhammad]]>;
<![CDATA[Bima Putri, Nurhastuti]]>;
<![CDATA[Zulkarnain3]]>;
<![CDATA[Jidatul Haz, Aaz]]>;
<![CDATA[Hamim, Khairul]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43282
<![CDATA[This article discusses the phenomenon of preventing child marriage in West Nusa Tenggara (NTB) with a focus on gender policies and perspectives. NTB has the third highest gender bias index in Indonesia, reaching 0.490 after Jambi and Southeast Sulawesi. The phenomenon of child marriage is also widespread in NTB, encouraging policy makers to implement the Marriage Age Maturation Program (PUP) as a prevention effort. This research analyzes PUP as an object of study with a gender perspective from policy makers and society. The factors causing gender bias in preventing child marriage in NTB are described in descriptive-qualitative field research. The research results show that policy makers prioritize gender justice, but the community has an unequal view regarding the implementation of PUP in NTB. The minimal role of women in the public sphere is caused by society's attachment to absolute interpretations of the text, creating three forms of gender bias in NTB women: marginalization, subordination, and stereotypes. The importance of a holistic and inclusive approach in developing policies to prevent child marriage in NTB is highlighted. This article provides insight into increasing policy effectiveness by paying attention to societal norms and attitudes towards gender.]]>
<![CDATA[Analisis Yuridis Korban Salah Tangkap Ditinjau Dari Undang-Undang Nomor 8 Tahun 1981 Tentang Hukum Acara Pidana ]]>
<![CDATA[Supiyati]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43283
<![CDATA[In a criminal case, there are investigation and investigative procedures carried out by the competent authorities in accordance with the oldest procedures in the provisions regulated in the Criminal Procedure Code (KUHAP). Arrests carried out by investigators are a form of special permission granted by law but this does not mean they can be carried out arbitrarily. Arrest is a very important legal process because it will affect the next stages of the legal process. Therefore, arrests must be carried out carefully, carefully and carefully by investigators. In Indonesia, several cases of victims of wrongful arrest often occur due to errors or negligence in the investigation and investigation process which are not in accordance with existing procedures or statutory regulations. This results in victims of wrongful arrest suffering both physically, psychologically and materially and receiving negative stigma from the public who knows about this. Mistakes in the arrest process have quite big consequences because if these mistakes are not immediately corrected they will continue in the following stages. If an error occurs in this process before the case is decided by the court, the suspect or his family can file a pre-trial hearing regarding the illegality of the arrest and can at the same time demand compensation.]]>
<![CDATA[Teori Pembuktian Sederhana Dalam Perkara Kepailitan Dan Penundaan Kewajiban Pembayaran Utang ]]>
<![CDATA[Harding, Haryadi]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43284
<![CDATA[In cases of bankruptcy and postponement of debt payment obligations (PKPU), cases are often filed repeatedly because the provisions of Article 1917 of the Civil Code or the principle of nebis in idem have been excluded in Law Number 37 of 2004 and in cases of bankruptcy and postponement of debt payment obligations adheres to a simple proof system, namely the fact of two or more creditors and the fact that the debt is overdue and unpaid. Therefore, the method of approach used in this research will refer to the approach to regulations and to cases that are filed repeatedly with the data processing process using qualitative data processing methods to process data that is narrative or text with a deductive model, namely combining theories related to the subject matter of this research and looking at the facts that occur in the world of law enforcement, especially in cases of Bankruptcy and Postponement of Debt Payment Obligations, so that a result can be obtained regarding the effectiveness of the application of simple proof in ensuring the upholding of the principle of legal certainty.]]>
<![CDATA[Keabsahan Penyidikan Atas Putusan Praperadilan ]]>
<![CDATA[Riyanto, Arif]]>;
<![CDATA[Yanuar Chandra, Tofik]]>;
<![CDATA[Basuki]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43285
<![CDATA[Law enforcement is a system that includes harmony between values and rules and real human behavior. Pretrial is a part of the district court which carries out a supervisory function, especially in cases of coercive efforts against suspects by investigators or public summons. The supervision referred to is supervising how a law enforcement officer exercises the authority vested in him in accordance with the provisions of existing laws and regulations, so that law enforcement officers do not exercise arbitrarily. Legal efforts in the criminal process can be said to be part of the law enforcement process. This can be understood because in essence legal action is also an effort to realize the idea of achieving justice or legal certainty.]]>
<![CDATA[Hak dan Kewajiban Penjual dan Pembeli dalam kesepakatan Perjanjian Jual Beli Secara Lisan Menurut Hukum Perdata ]]>
<![CDATA[Mahara Saputri, Dea]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43286
<![CDATA[Buying and selling is a common form of transaction that is often carried out by people. Usually, a sale and purchase agreement is made verbally or in writing based on the agreement of the parties (seller and buyer). Talking about buying and selling transactions, it cannot be separated from the basic concept of agreement as contained in Article 1313 of the Civil Code which confirms that an agreement is an act by which one or more people bind themselves to one or more other people. The provisions governing agreements are contained in Book III of the Civil Code, which has an open nature, meaning that its provisions can be set aside, so that they only function to regulate. The open nature of the Civil Code is reflected in Article 1338 paragraph (1) of the Civil Code which contains the principle of Freedom of Contract, meaning that every person is free to determine the form, type and content of the agreement. The agreement does not conflict with applicable laws and regulations, decency and submission in general. Therefore, every legal act, whether written or unwritten, must contain an element of justice for the parties entering into an agreement which will give rise to an agreement.]]>
<![CDATA[Perlindungan Hukum Korban Begal Dalam Upaya Pembelaan Terpaksa Di Tinjau Berdasarkan Pasal 49 KUHP ]]>
<![CDATA[Fauziah, Anisa]]>;
<![CDATA[Ananta Putra, Yudha]]>;
<![CDATA[Mulyanto, Edy]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43287
<![CDATA[Not everyone who becomes a victim Robbery is silent and resigned. There are also victims of robbery who make every effort to defend themselves, their property, their honor, and their lives. In an effort to protect himself, someone who fights back by attacking the perpetrator who tries to take his property is a form of defense from someone under compulsion or in the Criminal Code is known as Noodweer. This study uses a type of normative research. The data collection method used in this research is library research. The source of the data in this study is secondary data, namely data obtained indirectly from the source from literature studies that have a relationship with the research object taken in the protection of robbery victims in perforce reviewed. Noodweer is used as a justification, but not as a reason to justify an unlawful act, but rather someone who is forced to commit a crime is forgiven because there was a violation of the law that preceded the act. The causal relationship between attack and mental shock is perforce reviewed, and cannot eliminate the nature of breaking the law, but in conditions of mental shock, it can be a justifying reason or excuse that can abolish the punishment. Legislators must provide more detailed explanations of the articles so that they are more easily understood by the public, besides that it is hoped that there will be an update from the colonial Criminal Code into a new law. In addition, law enforcement officials must be able to pay more attention to the problem of victims with dual status so that legal protection for victims with dual status gets clarity about the rights they deserve.]]>
<![CDATA[Hukum Dalam Tantangan Perlindungan Penyandang Disabilitas Terhadap Kekerasan Seksual ]]>
<![CDATA[Iqbal, Muhamad]]>;
<![CDATA[Indriani, Iin]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43288
<![CDATA[Gender-based violence is defined as any action that results in physical harm or emotional distress, including threats of harm with certain behaviors, coercion to engage in harmful behaviors, and various forms of freedom-limiting oppression.One of the most pervasive and harmful forms of HAM violation is sexual violence, which includes both overt acts of violence and those that are more covert in nature, such as those caused by cultural and societal biases against the victims. Research in the field of law is research that employs specific methodologies, frameworks, and philosophies in order to analyze a particular legal phenomenon. The key topics of this investigation are intellectual property rights and commercial secrecy. The primary laws used in this study are the Manufacturing Act of 1999. This study makes use of qualitative data analysis. To be conceited in the Ucapan Jurisprudence: Any action taken with the intention of causing another person to behave in a way that is inconsistent with their own personal values is known as ancaman or ancaman. Lack of Integrity in Concrete Work Product Expression (Memaksa and Memperkosa): To "memaksa" someone is to order them to do something, demand it of them forcefully, or coerce them into taking action without their consent. In terms of legal protection, sexual abusers who target people with disabilities should face harsher penalties than those who target those without disabilities. People with disabilities have the same rights and responsibilities as everyone else. They need special housing and protection so they don't feel stigmatized for their deficiencies. According to Article 27(1) of our Constitution, "All citizens of a country are equal before the law and the government and must obey those laws and that government without exception.".]]>
<![CDATA[Perlindungan Hukum Terhadap Pejabat Notaris Yang Membuat Perjanjian Perkawinan Selama Perkawinan Berlangsung ]]>
<![CDATA[Muhtar, Achmad]]>;
<![CDATA[Rato, Dominikus]]>;
<![CDATA[Dwi Anggono, Bayu]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43289
<![CDATA[Initially, the marriage process begins with a marriage agreement or what is called a pre-nup. The academic anxiety that can be found is related to the issue of marriage agreements, namely that there is a conflict of norms. This is indicated by the Constitutional Court's decision in its decision confirming that notary officials are given the authority to ratify marriage agreements. Meanwhile, in Law Number 2 of 2014 concerning Amendments to Law no. 30 of 2004 concerning the Position of Notaries, where in this law there are no provisions governing the authority of a notary to ratify marriages made by the parties during the marriage period, so that notary officials do not have a strong legal reason as a basis for making a marriage agreement. The problem formulation in this research is First, What is the Essence of a Marriage Agreement according to Positive Law in Indonesia? Second, what is the form of legal protection for notary officials in Marriage Agreements made after marriage? Third, how can the formulation of a marriage agreement made during the marriage period provide legal certainty? The method used is the normative juridical method. The results of this research are that a marriage agreement was made before and during the marriage. Apart from that, if there is no prior marriage agreement, then the original assets or assets acquired during the marriage do not have permission for those assets (joint assets). Apart from that, the notary is authorized to make an agreement if it must comply with the terms of the validity of the agreement and if it does not comply with the terms of the validity of the agreement it will be canceled by the judge. This can certainly provide legal certainty for notaries.]]>
<![CDATA[Mekanisme Pengangkatan Anak Kontemporer: Analisis Horizontal dan Vertikal di Negara Muslim Dunia ]]>
<![CDATA[Bariki, Yusril]]>
<![CDATA[ Pamulang Law Review Vol. 7 No. 1 (2024): Agustus 2024 ]]>
Publisher : <![CDATA[Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang ]]>
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DOI: 10.32493/palrev.v7i1.43290
<![CDATA[One of the family law reforms that is most widely promoted in modern Muslim countries is adoption. Until now, adoption or what is commonly known as adoption is a form of legal action that has important implications for the legal status of several parties involved. This research uses a comparative descriptive approach by analyzing the history and legal basis for adoption, as well as comparing the implementation of polygamy regulations in Muslim countries such as Indonesia, Malaysia, Pakistan, Turkey, Tunisia, Egypt, Morocco, Syria and Jordan. All countries allow adoption, but in formalistic regulations there are 2 mechanisms for adopting children, namely through the judiciary and the kafalah system.]]>
