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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,
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
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Articles 44 Documents
The Role of The Commission for The Acceleration of Police Reform in Integrating Legal Politics with The Reconstruction of The Constitutional and Legislative Systems Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Bagus Hermanto; Willy Naresta Hanum; Aziz Widhi Nugroho
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.v12i2.87

Abstract

The institutional reform of the Indonesian National Police (Polri) is a strategic agenda in realizing democratic and just governance. One of the main challenges is the integration of legal politics and the reconstruction of the constitutional system and legislation consistent with national legal principles. This study aims to analyze the role of the Commission for the Acceleration of Indonesian National Police Reform in integrating legal politics with the reconstruction of the constitutional system and legislation, identify supporting and inhibiting factors in the integration process, and evaluate its impact on the effectiveness of Polri institutional reform. The research method used is qualitative with a normative-sociological legal approach, involving legal document analysis, literature studies, semi-structured interviews, and participant observation. The results show that the Commission successfully bridged inter-institutional coordination, regulatory harmonization, and the implementation of institutional practices aligned with the principles of legal politics, thereby increasing the effectiveness of reform. Supporting factors include political support and internal awareness of the Polri, while obstacles arise from overlapping regulations, internal resistance, and limited resources. This study makes a scientific contribution by emphasizing the importance of integration between legal norms and the socio-institutional context for sustainable institutional reform. Keywords: Commission for the Acceleration of Police Reform; Legal Politics; State Reconstruction.
An Overview of Islamic Law on the Tingkeban Tradition In Javanese society (Case Study in Laman Bukit Village, Belimbing District, Melawi Regency) Nia Maulina
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.v12i2.91

Abstract

This research aims to evaluate the Javanese tingkeban tradition from the perspective of Islamic law, with a focus on Laman Bukit Village, Belimbing District, Melawi Regency. This tradition involves giving gifts to pregnant women to celebrate the upcoming birth. The research employs qualitative methods and a case study approach to delve into the understanding and analysis of the tingkeban tradition and to assess its compatibility with Islamic teachings. The research findings indicate that the tingkeban tradition is a rich cultural heritage of the Javanese community that also reflects elements of religion. From the perspective of Islamic law, this tradition can be considered a positive practice as it expresses gratitude, togetherness, and sharing. However, the study also identifies aspects that need careful evaluation, such as its alignment with religious principles, differences in interpretation, and the potential for misuse. In this context, the research provides practical recommendations for the Javanese community to conduct the tingkeban tradition in accordance with Islamic values. These recommendations include enhancing the understanding of religious values related to the tingkeban tradition, integrating Islamic legal principles in its implementation, and emphasizing transparency and fairness in the management and execution of contributions. It is hoped that this research will offer valuable guidance to the Javanese community in preserving their cultural tradition while considering the strong principles of Islam in the process. Keywords: Islamic Law, Javanese Society, Tingkeban.
The Role of Land Deed Officials (PPAT) in the Inheritance Process of Uncertified Land with Acquisition Value of Tax Object (NPOP) in Indonesia Mohamad Nur Fikri; Nia Maulina
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.v12i2.93

Abstract

This study examines the role of Land Deed Officials (Pejabat Pembuat Akta Tanah/PPAT) in the inheritance process of uncertified land with respect to the determination of the Acquisition Value of Tax Object (Nilai Perolehan Objek Pajak/NPOP) in Indonesia. Land, as a vital resource, requires legal certainty to prevent disputes and ensure proper administration, particularly in cases of inheritance where land ownership is transferred from the deceased to heirs. However, the existence of uncertified land creates legal and administrative challenges, including difficulties in proving ownership, determining rightful heirs, and establishing the taxable value of the land. This research employs a normative legal method using statutory and conceptual approaches by analyzing relevant laws, regulations, and legal doctrines related to land law, inheritance law, and taxation in Indonesia. The study finds that PPAT plays a crucial role not only in drafting authentic deeds but also in verifying ownership evidence, ensuring the legality of inheritance processes, and assisting in determining the NPOP as the basis for calculating land and building acquisition tax (BPHTB). In cases of uncertified land, the responsibilities of PPAT become more complex due to the need for additional verification and coordination with relevant authorities. The findings indicate that PPAT contributes significantly to ensuring legal certainty, administrative order, and tax compliance in the transfer of land rights through inheritance. Nevertheless, the lack of land certification remains a major obstacle that can potentially lead to legal disputes. Therefore, strengthening land registration systems and increasing public awareness regarding the importance of land certification are essential to enhance legal certainty in land inheritance processes in Indonesia. Keywords: Land Deed Official (PPAT), inheritance, uncertified land, legal certainty, NPOP, land registration.
Women as Victims of Online Gender-Based Violence in a Victimology Perspective Aqila Shafiqa Aryaputri; Handar Subhandi Bakhtiar
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.v12i2.95

Abstract

The development of digital technology has given rise to Online Gender-Based Violence (KBGO), especially in the form of the dissemination of non-consensual pornography that has a multi-layered impact on victims. This study aims to analyze the form of victimization experienced by victims and evaluate legal protection in the case of Rebecca Klopper based on Decision Number 616/Pid.Sus/2023/PN JKT. SEL using a feminist victimology perspective. This research is a normative legal research with legislative, conceptual, and case approaches. The results of the study show that victims not only experience primary victimization through the recording and dissemination of intimate content without consent, but also revitalization that is strengthened by social responses in the form of victim blaming, stigmatization, and objectification that reflect patriarchal constructions in interpreting the victim's position. Normatively, victim protection has been regulated in the Sexual Violence Crime Law, the Electronic Information and Transaction Law, and the Witness and Victim Protection Law. However, the implementation has not been fully from the perspective of the victim, as can be seen from the focus of the verdict which is limited to the perpetrators of the dissemination without revealing the perpetrators of the initial recording and the principle of restorative justice has not been accommodated. A comparison with the setting in Singapore shows the importance of a legal approach that is not only repressive, but also oriented towards the comprehensive recovery of victims in responding to the character of digital-based violence. Keywords: Online Gender-Based Violence (KBGO), Feminist Victimology, Restorative Justice.
The Role of Criminal Law in Doxing Cybercrime In Indonesia Denis Edensius Silalahi; Abdurrakhman Alhakim; Rufinus Hotmaulana Hutauruk
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.v12i1.35

Abstract

The rapid development of digital technology has triggered an increase in cybercrime, including doxing, which is the unauthorized disclosure and dissemination of personal data through digital media. In Indonesia, doxing cases have increased significantly in the last five years and target activists, journalists, academics, and individuals who are active in the digital public space. Despite causing serious psychological and social impacts, legal protection for victims is still inadequate because there is no regulation that explicitly regulates doxing in the Information and Electronic Transactions Law (ITE Law) and the Personal Data Protection Law (PDP Law), so that law enforcement practices are weak and inconsistent. This research uses an empirical juridical method with legislative, case, and conceptual approaches, as well as qualitative analysis of legal materials and case reports for 2020–2025. The results of the study show that the effectiveness of law enforcement against doxing is hampered by factors of legal substance, law enforcement officials, facilities and infrastructure, public awareness, and legal culture as stated in Soerjono Soekanto's Theory of Legal Effectiveness. From the perspective of M. Yahya Harahap's Legal Certainty Theory, the norms in the ITE Law still contain ambiguity, while the PDP Law is relatively more progressive but not optimal in its implementation. Therefore, comprehensive regulatory reforms, strengthening digital forensic capacity, institutional coordination, and improving public legal literacy are needed to ensure legal certainty and protection of privacy rights in the ever-evolving digital era.   Keywords: Criminal, Crime, Personal data protection.  
Legal Analysis of Legal Protection for Landowner Farmers Against Investor Domination in Agrarian Policy in Indonesia Surya Asman Jaya; Herlita Eryke
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.v12i1.36

Abstract

The issue of legal protection for landowner farmers in their interactions with investors and government bias is a critical topic in economic development and land management in Indonesia. This study aims to analyze existing legal protections for landowner farmers against investors and to evaluate how government bias is reflected in current agrarian policies. This research uses a qualitative approach, drawing on literature and analyzing relevant laws, regulations, and secondary data. The results show that although Indonesia has a legal framework, such as the Basic Agrarian Law (UUPA) No. 5 of 1960, to ensure fair land distribution, its implementation is often ineffective due to economic inequality and limited legal knowledge among farmers. In addition, the findings show that many land agreements involving farmers lack transparency, making them vulnerable to disadvantageous contracts and land conversion. Analysis shows that the imbalance of power between farmers and large-scale investors often leads to injustice, as economic interests often override the protection of agrarian rights. Although programs such as Agrarian Reform exist, they face significant bureaucratic and administrative obstacles that hinder the redistribution of land to those who need it. As a result, the government's role is often seen as favoring industrial interests, such as large plantations, over the welfare of small-scale farmers. Based on these findings, it is recommended that the government strengthen agrarian reform mechanisms by improving data validation and simplifying administrative procedures. In addition, providing legal education and assistance to farmers is essential to raise their legal awareness and prevent them from entering into disadvantageous agreements.
Enforcement of Environmental Criminal Law Based on Ecological Justice: Green Criminology Analysis of Structural Crime in Indonesia Wisnu Indra Cahaya; Fero Sanjaya; Herlita Eryke
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.v12i1.37

Abstract

This study examines the implementation of environmental criminal law enforcement in Indonesia through the perspectives of green criminology and green victimology, focusing on the ongoing challenges in controlling ecological crimes and protecting environmental victims. The research uses an empirical sociological-legal approach, with a descriptive-analytical framework to analyze court decisions and field information from law enforcement officials and affected communities. The results show that environmental law enforcement in Indonesia still prioritizes administrative mechanisms over criminal sanctions, which are often applied inconsistently and selectively. This analysis reveals that such legal patterns weaken the deterrent effect, especially against corporate actors, and fail to uphold ecological justice because court decisions often ignore the environment as the primary victim and eliminate mandatory restoration. As a result, environmental damage is often treated as a formal violation rather than a serious structural crime. To address this issue, this paper recommends strengthening the use of criminal instruments for significant ecological violations, integrating mandatory environmental restoration into every court ruling, and increasing the participation of affected communities in legal processes to ensure comprehensive ecological restoration and social protection.
Reconstruction of Digital Evidence Models in Cybercrime: An Integrative Analysis of Contemporary Criminology and Digital Forensics Rachmat Alviando; Herlita Eryke
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.v12i1.38

Abstract

The rapid development of information technology has changed the social and economic landscape, while introducing complex challenges in the form of cybercrime, which is often difficult to handle using conventional legal evidence mechanisms. This study aims to develop and test a conceptual model that links perpetrator criminogenic factors, the application of digital forensics, and regulatory or institutional power with the success of digital evidence in cybercrime cases. To address this issue, a quantitative approach with a correlational design was used, with data collected through a purposive sampling survey of 120 law enforcement practitioners and digital forensic experts in Indonesia. The results show that the application of digital forensics (β = 0.45, p < 0.001) and regulatory strength (β = 0.28, p < 0.01) significantly incrRRease the success of digital evidence, while perpetrator criminogenic factors and complex modus operandi have a negative influence (β = –0.22, p < 0.05). Analysis of these findings suggests that the success of digital evidence is highly dependent on the integration of technical-forensic precision with institutional support to counter the increasing complexity of anti-forensic techniques used by criminals. Based on this analysis, it is recommended that law enforcement agencies strengthen the capacity of digital forensic laboratories and harmonize legal regulations to be more adaptive to the dynamic nature of cyber threats and technological advances.
Reform of Human Trafficking Victim Protection Policy in Indonesia: A Human Rights and Restorative Justice Perspective Fero Sanjaya; Herlita Eryke
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.v12i1.39

Abstract

Purpose of this paper is to examine the legal framework of victim protection in human trafficking cases in Indonesia, which currently faces significant challenges regarding the fulfillment of victims' rights to restitution. Despite the existence of Law No. 21 of 2007, victims often encounter systemic barriers in obtaining recovery, leading to secondary victimization. Methods used in this study follow a normative legal research approach with statutory, conceptual, and case perspectives, specifically analyzing Supreme Court Decision No. 2355 K/Pid.Sus/2022. Research results indicate that the current restitution mechanism is merely decorative and highly dependent on the perpetrator's financial capacity, which is often non existent or hidden. The study finds a significant legal gap where the state lacks a mandatory safety net for victims when perpetrators fail to pay. Analysis reveals that the protection policy is still heavily "offender-oriented" rather than "victim-centered." The lack of synchronization between human trafficking laws and witness/victim protection regulations creates procedural fragmentation that hinders the restorative justice process. To address these issues, this paper argues for a legal reformulation that positions the state as the ultimate guarantor of victim recovery. Recommendationsinclude the urgent revision of the Human Trafficking Law to institutionalize a "Victim Recovery Fund" and the implementation of an Integrated Standard Operating Procedure (SOP) to ensure that legal, psychological, and financial recovery are handled simultaneously through a coordinated inter-agency system.
Literature Study of The Implementation and Policy of Military Telemedicine In Support Of Troop Mobilization In Conflict Areas Desi Tirtawati; Sutanto Sutanto; Guntur Eko Saputro
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.v12i2.44

Abstract

Abstract  The advancement of information technology has revolutionized military healthcare through telemedicine, particularly in supporting troop mobilization in conflict zones. However, the urgency of remote medical services in high-risk areas often conflicts with legality and information security challenges. This study aims to analyze the legal framework and regulatory challenges in implementing telemedicine within military operations. Using a literature review method, this research systematically reviews 25 national and international journal articles. The analysis focuses on legal voids, infrastructure policies, and legal protection of medical data security in cyber transmission. The findings indicate that while military telemedicine effectively enhances operational readiness and specialist access, its implementation is hindered by the lack of specific legal frameworks and vulnerabilities in protecting soldiers' personal data in the field. Therefore, harmonization of defense and health policies, along with the establishment of adaptive regulations, is required to ensure legal certainty and cyber security in military telemedicine administration.   Keywords: Military Telemedicine, Health Regulation, Data Protection, Cyber Law, Conflict Zone.