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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 34 Documents
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Integrating Mental And Psychosocial Readiness Into Military Human Resource Policy For Conflict Zone Deployment In Indonesia Chandra Kusumawardhani; Guntur Eko Saputro; Sutanto
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.v12i1.66

Abstract

This study examines the strategic role of mental and psychosocial readiness as an integral component of military human resource management within conflict environments, with a particular focus on its legal and policy implications for the Indonesian National Armed Forces (TNI). Employing a Systematic Literature Review (SLR) of 30 peer-reviewed and institutional sources published between 2019 and 2025, this study synthesizes empirical evidence and normative frameworks across five core domains: mental readiness, psychosocial support systems, deployment stress in conflict zones, post-traumatic stress disorder (PTSD) risk, and military mental health governance. The findings demonstrate that soldiers with higher levels of mental preparedness and structured psychosocial support exhibit superior operational performance, ethical decision-making, adaptability, and emotional stability under prolonged stress exposure. Conversely, inadequate mental and psychosocial readiness significantly increases vulnerability to psychological distress, PTSD, operational errors, and long-term institutional burden. From a policy perspective, the study identifies a critical gap between scientific evidence and the existing regulatory framework governing military human resource management in Indonesia, where mental readiness has not yet been explicitly institutionalized as a formal indicator of operational readiness.This article argues that mental and psychosocial readiness must be repositioned from an individual health concern to a legally component of defense governance. Keywords : Conflict Zone, Defense Policy, Mental Readiness, Psychosocial
Juridical Analysis of the Renewal of the Principle of Legality in Law Number 1 of 2023 Indah Carmelia; 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.v12i2.52

Abstract

This study aims to analyze the level of legal understanding of law enforcement officers regarding the renewal of the principle of legality in Law Number 1 of 2023 and its influence on the perception of legal certainty. The research problem lies in the unequal understanding of officers regarding the change in the concept of the principle of legality from a formal approach to a material approach. The study used a quantitative method with a descriptive analytical design. Data were collected through a Likert-scale questionnaire distributed to 120 respondents consisting of judges, prosecutors, and police investigators using a purposive sampling technique. Data analysis was conducted using descriptive statistics, ANOVA tests, and simple regression with the help of SPSS software. The results showed that the level of legal understanding of law enforcement officers was in the fairly good category with an average score of 3.68. There were significant differences between professions, with judges having the highest level of understanding and investigators having the lowest. The regression results show that legal understanding had a positive and significant effect on the perception of legal certainty. This study provides a scientific contribution by presenting empirical evidence regarding the role of legal understanding in the implementation of the new principle of legality and strengthening the development of empirical-based criminal law studies in legal studies in Indonesia.   Keywords : Principle of Legality, Legal Understanding, Legal Certainty, New Criminal Code, Law Enforcement.
The Influence of Criminal Norms in the New Criminal Code on Variations in Judges' Decisions Ghina Praska Levi; 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.v12i2.53

Abstract

Sentencing disparity remains a persistent issue in criminal justice systems because judicial decisions in similar cases often produce significantly different outcomes. Indonesia's criminal law reform through Law No. 1 of 2023 introduced more structured sentencing norms intended to improve consistency in judicial decisions. This study examines the influence of these norms on variations in judicial sentencing. The research uses a quantitative explanatory design with a comparative approach between periods before and after the enactment of the new Criminal Code. The dataset consists of legally binding court decisions on selected criminal offenses. Samples were selected using stratified random sampling based on case type and court jurisdiction. Data analysis employed descriptive statistics, independent t-tests, and multiple linear regression to evaluate the effect of normative reform on sentence length variation. The findings indicate a significant decrease in average sentence length after the implementation of the new sentencing norms. The standard deviation of sentences also declined, suggests reduced sentencing variation. Regression results show that the reform variable has a negative and statistically significant effect on sentence length, although its explanatory contribution remains limited. This study contributes to the literature by providing empirical evidence on how legislative reform influences voting practices in a developing legal system. Methodologically, it offers a comparative quantitative approach using court decision data to evaluate the impact of criminal law reform.   Keywords :​ Penal norms, New Criminal Code, Variations in sentencing, Criminal disparities, Criminal law reform.
Reconstruction of the Principle of Legality in Law Number 1 of 2023: An Analysis of the Extension of Living Law in Society and Its Implications for Legal Certainty Indah Cahya Purnama; 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.v12i2.57

Abstract

This study examines the effect of the application of living law on legal certainty in Indonesia's criminal justice system after the enactment of Law Number 1 of 2023. The analysis is based on 412 court decisions from 2022 to 2025, comparing conditions before and after the reform . The findings show a significant increase in the intensity of living law application, reflected in higher references to local norms, stronger sociological reasoning, and greater influence on judicial decisions. At the same time, legal certainty declined, as indicated by reduced decision consistency, increased judging disparity, and higher rates of legal appeals . Regression results confirm that all indicators of living law application have a negative and significant effect on legal certainty. The strongest effect comes from the influence of living law on judicial decisions, followed by sociological reasoning and references to local norms . This study provides an empirical contribution to the literature on legal pluralism and criminal law reform by demonstrating how the expansion of non-written norms affects judicial consistency. The findings highlight the need for clear interpretative guidelines to ensure balance between flexibility and legal certainty.   Keywords :​ Living law, legal certainty, criminal justice, sentencing disparity.
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.
Gender-Based Justice in Matrimonial Property Law: A Comparative Study of Post Divorce Protection for Women in Indonesia and Thailand Veronica Khosasi Tarigan; Atikah Rahmi
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.v12i2.67

Abstract

The division of marital property after divorce has become a crucial issue that often disadvantages women due to structural inequalities and patriarchal cultural influences. This study aims to analyze the legal regulation of marital property division in Indonesia and Thailand from a gender-based justice perspective, as well as to evaluate the effectiveness of legal protection for women’s economic rights after divorce. This research employs a normative juridical method with a comparative approach to examine the regulations of both countries. The primary legal materials include Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law, the Civil and Commercial Code of Thailand, and the Gender Equality Act of Thailand. The findings indicate that Indonesia adopts the principle of joint marital property (gono-gini) with an equal distribution system (50:50), as stipulated in Article 37 of the Marriage Law and Article 97 of the Compilation of Islamic Law. While this system provides legal certainty, it tends to be rigid and insufficiently accommodates women’s non-economic contributions within the household. In contrast, Thailand applies the concept of sin somros (marital property) with an equitable distribution system that is more flexible, taking into account the actual contributions of each party, including women’s domestic roles. From a gender justice perspective, Indonesia’s equal distribution system appears formally fair but fails to reflect substantive justice, whereas Thailand’s system is more responsive, although it relies on judicial discretion. The effectiveness of legal protection in Indonesia is hindered by patriarchal culture, limited access to justice, and inconsistent court decisions, while Thailand demonstrates a more progressive legal framework. This study recommends the reconstruction of Indonesia’s joint property system by maintaining equal distribution as the default rule while allowing greater judicial flexibility to consider substantive contributions and the post-divorce economic conditions of women.   Keywords: Gender Justice, Marital Property, Divorce, Legal Protection
Implementation of Restrictions on Defamation Regulations According to the ITE Law Avrijsto Amandri Achyar; Suartini
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

Abstract

The crime of defamation in the digital space is now specifically regulated in Article 27A of Law Number 1 of 2024 concerning the Second Amendment to the Electronic Information and Transactions Law (ITE). Despite this regulatory reformulation, a significant research gap exists regarding the effectiveness of the article's operational boundaries in mitigating legal ambiguity at the judicial level, as prior studies remain dominated by older case analyses that do not represent the latest normative dynamics. This study aims to analyze the limitations of this criminal regulation and its implementation in judges' considerations to maintain a balance between reputation protection and freedom of expression. Using a normative juridical method with a statutory approach, this study finds that the legal limitations of Article 27A rest on cumulative proof of the elements of the offense. The main element of "attacking honor or good name" requires objective proof, often requiring testimony from a linguist to identify defamatory content that damages dignity. Furthermore, the element of "with the intent to make it publicly known" is fulfilled if the content is publicly accessed through an electronic system. The results of the analysis of decisions indicate disparities in sentencing influenced by judges' subjective considerations regarding case background, expert testimony, and aggravating factors such as repeated behavior. In conclusion, the enforcement of Article 27A requires thoroughness in proving specific elements to ensure legal certainty and proportionality of decisions in defamation disputes in electronic media. Keywords : Electronic Information and Transactions; Defamation; Criminal Liability; Cyber Crime.
Legal Liability Of Defaulting Winners In Voluntary Auctions Komang Rama Agastya; Anak Agung Istri Agung; Nengah Renaya
PALAR (Pakuan Law review) Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

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Abstract

Voluntary auctions under Minister of Finance Regulation (PMK) No. 122/PMK.06/2023 demand strong legal certainty and efficient procedures. A highest bidder's failure to pay within five working days constitutes default, triggering swift legal consequences. This normative study uses statutory and conceptual approaches to fill key research gaps unclear consequences for defaulting winners in voluntary auctions and ambiguous status of second-highest bidders. The novelty lies in analyzing norm conflicts between PMK's automatic sanctions (deposit forfeiture, award cancellation) and Civil Code (KUHPerdata) Article 1243 damage claims, providing fresh harmonization insights. Findings show defaulting winners lose auction approval and full Auction Bid Security Deposit (UJPL), split 50% to state revenue and 50% to sellers. PMK allows mitigations like re-auctions or rolling buyers (up to third bidder with consent), but sellers can pursue civil claims for uncovered losses like value drops. Second-highest bidders hold conditional positions they must accept explicitly, meet limit values or gain seller approval, and receive protections including deposit refunds and timely notifications. This prevents automatic substitution while ensuring fairness and efficiency against third-party defaults. Keywords : Voluntary Auction, Default, Highest Bidder.
Criminal Liability In The Crime Of Corruption In The Construction Of A 4G Base Transceiver Station (Bts) Herli Antoni; Mustakim; Lilik Prihatini; Asmak Ul Hosnah; Walter AL Sinaga
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.v12i2.85

Abstract

This writing aims to find out the factors that cause corruption, criminal liability in the corruption act of the construction of the 4G Base Transceiver Station (BTS) carried out by the President Director of Bakti in Perkaran Decision Number 3/Pid.Sus-TPK/2024/PT DKI. This writing uses a normative legal writing method with a legislative and case approach. The legal materials used are primary and secondary legal materials and are analyzed using prescriptive-normative analysis. The results of the writing show that: (1) Abuse of Authority influenced by the organizational structure of the Ministry of Communication and Informatics which places Bakti under and responsible to the Minister through the Secretary General. The authority of the President Director of Bakti to be fully accountable to the Minister is very ineffective. (2) The lack of technical supervision is also the cause of corruption in the construction of 4G BTS. Supervision is technically impossible for the Secretary General because the duties and functions of the Secretary General are more about providing administrative support to all organizational elements within the Ministry. (3) Another factor is that political pressure or political intervention in the procurement of projects can create opportunities for acts of corruption. Criminal liability in the crime of corruption in development is in the form of imprisonment for eighteen years and a fine of one billion rupiah and an additional penalty in the form of payment of five billion rupiah in lieu of money, but the verdict or punishment imposed by the judge is still too light, which is feared that it cannot have a deterrent effect on the perpetrator in accordance with the purpose of the crime. Keywords: Accountability, Corruption, Base Transceiver Station construction

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