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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 : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Welcome to the official website of PAKUAN LAW REVIEW PALAR. This website is intended to disseminate knowledge about the legal system in Indonesia to the wider community. It provides academic journal articles that can be downloaded for free. The journals published are an important reference for legal academics and legal practitioners. PAKUAN LAW REVIEW is an academic journal in the field of Legal Studies published by the Journal Division of the Faculty of Law Pakuan University. Pakuan Law Review contains studies and reviews in various branches of law such as Sociology of Law Legal History Criminal Law Civil Law Government Law Business and Economic Law International Law Sharia Economic Law Agrarian Law Family Law Inheritance Law Contract Law Auction Law Notary Code of Ethics Land Law Intellectual Property Rights Tax Law and Politics of Notarial Law. In addition the journal also publishes broader legal research. The journal is published periodically four times a year namely January to March April to June July to September and October to December. Approved manuscripts will be published online on the website and printed hardcopy versions will be distributed at the end of each publication period. Pakuan Law Review is published by the Faculty of Law Pakuan University. All submitted articles will be reviewed by reviewers before publication using a double blind review process. The decision to accept or reject a manuscript is made by the Editorial Board based on recommendations from peer reviewers. Authors are invited to submit manuscripts that fall within the scope of Pakuan Law Review. Authors must read and comply with the author guidelines and manuscript template. Manuscripts that do not follow the guidelines or use a different format will be rejected by the editorial team before the review process. Only manuscripts that meet the formatting requirements will be processed. eISSN 26141485 pISSN 27160440
Arjuna Subject : -
Articles 21 Documents
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Reconstructing International Humanitarian Law for the Use of Autonomous Weapon Systems in Modern Defence: Addressing Meaningful Human Control and the Accountability Gap Nanang Yulian; Bambang Kustiawan; Asep Adang Supriyadi; Guntur Eko Saputro
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.46

Abstract

The rapid deployment of Autonomous Weapon Systems (AWS) is reshaping contemporary defence strategies and testing the adequacy of existing International Humanitarian Law (IHL). This research offers a normative legal analysis of the relationship between autonomous lethal decision-making and core IHL principles, particularly distinction, proportionality, and precautions in attack. Combining doctrinal methods with a systematic bibliometric review of 621 Scopus-indexed publications, the study empirically maps the global debate and identifies structural gaps between advances in military AI and current accountability regimes. The findings reveal a persistent accountability gap when AWS operate unpredictably, undermining individual criminal responsibility and victims’ right to remedy. To address this, the article proposes a reconstruction of IHL centred on robust standards of Meaningful Human Control, algorithmic transparency, and the integration of co-active design as a legal design requirement for AWS. This reconstruction aims to ensure that technological modernisation in warfare does not erode human dignity, but remains anchored in human agency and enforceable legal responsibility. Keywords: Autonomous Weapon Systems; International Humanitarian Law; Meaningful Human Control; accountability gap; co-active design; war torts.
Digital Transformation in Education A Literature Synthesis on Managerial Roles, Leadership, and Literacy Riyanto Wujarso; Yudi Aziz; Mombang Sihite
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.47

Abstract

Digital transformation in the secondary education sector in Indonesia faces major challenges related to competency gaps and managerial readiness. This article aims to systematically analyze the role of management support, digital leadership, and digital literacy in shaping an effective digital learning environment. This study uses the Systematic Literature Review (SLR) method with the PRISMA protocol to review reputable literature from 2018 to 2025. The review results show that digital transformation is a strategic orchestration that depends on three main pillars. Management support functions as the provider of structural foundations and policies; digital leadership acts as a strategic compass in changing organizational culture; while digital literacy is a prerequisite for individuals to operate technology critically and innovatively. The synergy of these three elements confirms that the success of a digital learning environment cannot be achieved solely through the provision of physical infrastructure, but rather through the harmonious integration of system support, leadership exemplarity, and user proficiency. These findings have important implications for the development of education policies that focus more on investing in human capacity rather than just hardware. This conclusion is expected to serve as a strategic foundation for secondary school administrators to build a digital ecosystem that is inclusive, sustainable, and responsive to the challenges of the times in order to realize digital sovereignty in education in Indonesia. Keywords: Digital Transformation, Management Support, Digital Leadership, Digital Literacy, Digital Learning Environment.
A Legal Philosophy Review of the Harmonization of Bekasi City Regional Regulation and Presidential Regulation on Alcoholic Beverages Mimin Mintarsih; Endang Sutrissno
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.48

Abstract

Alcoholic beverages have complex social and economic impacts, so their control is regulated by Presidential Regulation No. 74 of 2013 and Bekasi City Regional Regulation No. 17 of 2024. This research uses a normative juridical approach and philosophy of law to analyze the harmonization of national and local regulations. The results of the study show that the Regional Regulation is substantially in line with the Presidential Regulation, with more specific arrangements according to local needs without contradicting national policies, thus reflecting the implementation of regional autonomy in accordance with the principles of legal hierarchy. The philosophy of law approach provides a normative and reflective framework in the formation of alcohol control regulations at the national and local levels. In the context of Presidential Regulation 74/13 and the Bekasi City Regional Regulation, legal philosophy plays a role in assessing substantive justice, social benefits, and legal certainty, as well as bridging potential regulatory conflicts. With ontological, epistemological, and axiological approaches, philosophy of law helps to understand the moral and social legitimacy of alcohol control policies so that regulations are not only formal but also relevant and contextual. Keywords: Regulatory Harmonization, Hierarchy of Legislation, Philosophy of Law
Responsibility of Business Actors to Consumers Harmed by the Use of Skincare Products That Have Their Distribution Licenses Revoked (Case Study Hn-Hetty Nugrahati Skincare Products) Kezia Br Manalu; Roida Nababan; Besty Habeahan
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.50

Abstract

The circulation of dangerous skincare products whose distribution permits have been revoked, as in the case of HN (Hetty Nugrahati) skincare products, poses a serious threat to public health and demands strict legal accountability from business actors. This study aims to analyze the form of business actors' responsibility towards consumers who experience health losses based on Law Number 17 of 2023 concerning Health, and to examine the role of the Food and Drug Monitoring Agency (BPOM) in supervising cosmetic products that violate technical requirements. The research method used is descriptive juridical with a case study approach. Data analysis was conducted qualitatively descriptive juridical by reviewing relevant primary and secondary legal materials. The results of the study indicate that business actors bear absolute responsibility (strict liability) to provide compensation for health damage suffered by consumers due to the use of products that do not meet safety standards. BPOM plays an important role through pre-market and post-market supervision functions, providing public warnings, and revoking distribution permits to ensure legal certainty. However, coordination in the mechanism for providing consumer compensation is still not optimal. It is recommended that BPOM strengthen the inspection system to prevent administrative negligence and that business actors be more proactive in fulfilling consumers' right to compensation. Key Words : Strict Liability, Consumer Protection, Skincare, BPOM, Distribution Permit.
Legal Liability Of Ppat Due To Legally Defective Land Sale And Purchase Deed (Study of Supreme Court Decision No. 3507 K/Pdt/2023) Tinrif Valins Dongoran; Roida Nababan; Sovia Febrina Tamaulina Simamora
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.51

Abstract

Abstract Land is an important resource for human life, so the transfer of land rights must be Land is an essential resource for human life; therefore, the transfer of land rights must be carried out in accordance with legal provisions to ensure legal certainty and protection. The Land Deed Official (PPAT) has a strategic role in drafting deeds of transfer of land rights, particularly deeds of sale and purchase, which must fulfill the formal and material requirements as stipulated in statutory regulations. This study aims to examine the implementation of the transfer of certified land rights as regulated by law and to analyze the legal responsibility of the PPAT for a land sale and purchase deed declared legally defective based on Supreme Court Decision Number 3507 K/Pdt/2023. The method used in this research is normative juridical, employing statutory, conceptual, and case study approaches. Data were obtained through library research on primary, secondary, and tertiary legal materials and were analyzed qualitatively using legal reasoning. The results of the study indicate that a PPAT bears legal responsibility if negligent in carrying out the pre-deed, deed-making, and post-deed procedures, resulting in the sale and purchase deed losing its legal validity. Such responsibility includes civil liability, administrative liability, and professional ethical responsibility. The Supreme Court decision emphasizes that drafting a deed without the consent of the lawful landowner constitutes an unlawful act and renders the deed null and void by law. Therefore, compliance by the PPAT with legal procedures is a key factor in ensuring legal certainty and the protection of land rights. Keywords: Transfer of Land Rights, Legal Responsibility, Unlawful Act
The Substance and Relevance of the Concept of Maintenance in the Family: A Thematic- Holistic Combination Study Nur Hayati Aulia; Moh. Fawwaz Khitam Romadloni
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.54

Abstract

This study discusses the concept of family livelihood with a thematic-holistic approach to explore its substance and relevance in the context of contemporary life. Livelihood is an important obligation in the family institution regulated in the Qur'an, Hadith, and reinforced by the views of scholars and legal systems in various Muslim countries. Thematic studies explore verses and hadiths related to livelihood to formulate a complete understanding, while the holistic approach emphasizes the importance of considering universal Islamic values ​​in the practice of providing livelihood. The results of the study show that the concept of livelihood is not only material, but also a moral responsibility that aims for the sustainability of household life and its fulfillment is interpreted flexibly based on the agreement of husband and wife and is very relevant in answering the dynamics of modern families. Amidst changes in social structures and gender roles, the principles of justice, responsibility, and equality remain at the core of Islamic teachings on livelihood. This study emphasizes the importance of reinterpreting basic Islamic values ​​to maintain family harmony in the modern era. Keywords: Livelihood, concept, thematic-holistic, relevance.
Juridical Analysis of Default Lawsuits in the Implementation of Peace Agreement Letters Due to Alleged Medical Negligence (Case Study of Decision Number 232/pdt. G/2025 PN Medan) Trie Tirta Nadya Marbun; July Esther; Besty Habeahan
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.55

Abstract

This research is motivated by a medical dispute due to alleged negligence (malpractice) that has been settled out of court, but the hospital did not implement the contents of the agreement, thus creating legal uncertainty for the patient. The research problem is focused on the validity of the medical dispute settlement agreement and the judge's legal considerations in deciding the default case in Decision Number 232/Pdt.G/2025/PN Medan, with the aim of analyzing the legal status of the settlement deed and legal protection for the injured party. The research method used is normative legal research with a case and statutory approach. The results of the study indicate that the settlement agreement between the patient and the hospital is valid and binding based on Articles 1320 and 1338 of the Civil Code, which changes the legal relationship into a purely contractual relationship. In his decision, the judge stated that the Defendant was in default because he violated the obligation to pay compensation and medical costs that had been agreed upon, so he was sentenced to pay material compensation of Rp266,000,000. It is recommended for the parties that each peace agreement be confirmed through a court decision (Van Dading) or a notarial deed to guarantee stronger executorial powers, and for the hospital to be highly committed to implementing the agreement in order to protect the patient's rights and the institution's reputation. Key Word : Wanprestasi, Peace Agreement, Medical Dispute, Judge's Consideration
Analysis of Elements of Abuse of Authority in Corruption Crimes by the Head of the PUPR Office (Study of Decision Number 18/Pid.Sus-TPK/2025/PN.Tjk) Ani; Puspita Meisy Astrini; Ravelina Oktavia; Tian Terina
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.62

Abstract

This study aims to analyze the application of the element of abuse of authority in criminal acts of corruption based on Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, with a focus on Decision Number 18/Pid.Sus-TPK/2025/PN Tjk against the Defendant Ir. Jalaludin MP as Head of the Public Works and Public Housing Agency of West Pesisir Regency. The issues examined include the application of the element of abuse of authority in Article 3 of the Anti-Corruption Law, the fulfillment of this element in the Defendant's actions, and the basis for the judge's consideration in handing down the verdict in relation to the principle of substantive justice. This study uses a normative juridical method with a case approach and a statute approach, analyzing secondary data in the form of court decisions, laws and regulations, and legal literature through qualitative analysis techniques. The results of the study show that the Panel of Judges proved that the Defendant abused his authority as a Budget User by approving the disbursement of project funds that did not comply with the contract specifications, resulting in state losses of IDR 1,887,218,440.32. The judges' considerations used a formalistic approach by proving all elements of Article 3 cumulatively, but did not sufficiently explore the dimension of abuse of authority from the perspective of state administrative law. This verdict confirms that public office creates legal obligations which, if violated for personal gain, constitute an abuse of authority that is detrimental to state finances. Keywords: Abuse of Authority, Corruption Offenses, State Financial Losses
Application of Electronic Copyright Management System (ECMS) in Optimizing Digital Copyright Protection on Over-The-Top (OTT) Services in Indonesia Nadya Simanungkalit; Tasya Safiranita
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.64

Abstract

Abstract Digital copyright protection in Indonesia still faces major challenges amid the rapid development of increasingly popular Over-The-Top (OTT) services. OTT services facilitate the widespread distribution of creative works, but also increase the potential for digital copyright infringement, such as piracy and unauthorized copying. To overcome this problem, the use of adequate copyright protection technology is needed as an effort to optimize digital copyright protection on OTT services. This study aims to analyze the application of the Electronic Copyright Management System (ECMS) as an effective solution in protecting digital copyright on OTT services in Indonesia. Using normative and comparative legal research methods, this study analyzes the applicable regulations related to digital copyright in Indonesia and compares them with regulations in the United States. The results show that although Indonesia already has regulations on copyright, the existing regulations still do not adequately accommodate the protection of digital copyright and the implementation of security technology. Meanwhile, the United States, through the Digital Millennium Copyright Act (DMCA), has implemented ECMS as a digital copyright security technology. This study proposes the implementation of ECMS in Indonesia to optimize the protection of digital copyright, both preventively and repressively, and provides recommendations for more comprehensive regulatory updates. Keywords: Digital Copyright, Over The Top, ECMS, Copyright Protection, Copyright Infringement
Juridical Review of the Criminalization of Perpetrators of Sexual Violence Against Children (Study of Decision Number: 815/Pid.Sus/2025/PN.Tjk) Maharani Boruregar; Sunarto; Andriansyah Kartadinata
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.65

Abstract

Abstract Sexual violence against children constitutes a serious crime that causes long-term physical, psychological, and social harm and requires optimal legal protection through the criminal justice system. This study aims to analyze the application of criminal law and the judge’s considerations in sentencing perpetrators of sexual violence against children based on Decision of the Tanjung Karang District Court Number 815/Pid.Sus/2025/PN.TJK. The research employs normative juridical and empirical juridical approaches by examining relevant laws and regulations as well as analyzing court decisions. The results indicate that the judges appropriately applied the elements of the criminal offense and considered child protection aspects, evidentiary factors, the condition of the perpetrator, and the impact on the victim. The sentencing imposed in the decision fulfills the principles of legal certainty, justice, and expediency. Nevertheless, strengthening regulations and enhancing the capacity of law enforcement officers remain necessary to ensure comprehensive handling of cases of sexual violence against children and to prioritize victim protection. Keywords: punishment, sexual violence, children, child protection, judicial considerations

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