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Roby Satya Nugraha
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INDONESIA
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 Transformation of the National Security Paradigm in Indonesia's Border Regions: From a Militaristic Approach to Human Security Yulius Ida Bagus Suselo; Bambang Kustiawan; 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.v12i2.61

Abstract

This research examines the paradigm shift in Indonesia's national security within border regions, moving from a traditional militaristic focus toward a more holistic human security approach. The analysis was conducted using qualitative methods, policy reviews, and case studies from December 2025 to February 2026. The findings highlight the limitations of conventional military strategies in addressing non-traditional threats, such as illegal trafficking, socio-economic inequality, and community vulnerability. Recent initiatives—most notably the Motaain Border Expo 2025 (a strategic event organized by the National Agency for Border Management (BNPP) through the Motaain Integrated Border Post (PLBN) on December 16–17, 2025, in Belu Regency, East Nusa Tenggara)—along with integrated services at border posts, serve as primary examples of a human-centric security approach that fosters local welfare and cross-border cooperation. This study proposes an integrative model that synergizes securitization with human security, emphasizing both territorial protection and community empowerment. The results suggest that a multidimensional security policy, supported by measurable social and economic indicators, significantly strengthens border stability and resilience. This framework provides a strategic roadmap for policymakers in designing sustainable national security strategies.   Keywords: National Security, Human Security, Border Policy, Indonesia, Securitization, Community Empowerment.
The Role of Correctional Institutions in Fulfilling the Rights of Inmates Following the Issuance of Law No. 22 of 2022 Concerning Correctional Institutions (A Study at Class II A Correctional Institution in Pancur Batu) Carles Darwin B, Zihono Zai; Herlina Manullang; Ojak Nainggolan
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.v12i1.68

Abstract

Abstract This study examines the fulfillment of inmates' rights under Article 9 of Law No. 22 of 2022 on Correctional Systems at Class II A Pancur Batu Correctional Institution, and identifies structural barriers hindering their optimal implementation. Unlike prior studies focusing on single-issue rights, this research comprehensively evaluates all twelve mandated rights. Using an empirical legal approach, data were collected through interviews with five officers, questionnaires to thirty inmates via purposive sampling, and field observations, validated through triangulation. Findings confirm that the institution has substantially fulfilled all twelve rights through an operational health clinic, multi-faith worship facilities, nine vocational programs, and legal aid partnerships. However, four structural barriers persist: severe overcrowding at 52.5% excess capacity, limited infrastructure, a disproportionate staff-to-inmate ratio of 1:8.4, and the absence of a Buddhist religious partner. Cross-sectoral collaboration and national-level policy intervention are essential to fully realize the humane correctional vision of the law.   Key Words: Inmates’ Rights, Correctional Institution, Law No. 22 of 2022, Overcrowding, Rights Fulfillment.
Criminal Liability Of Illegal Firearm Possession Perpetrators Resulting In Death Due To Negligence Danil Erlangga Mahameru; Abdul Kholiq
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.v12i1.73

Abstract

The illegal possession of firearms by civilians, accompanied by careless use resulting in the death of another person, constitutes a criminal law issue demanding precision in the construction of criminal fault. This study examines the criminal liability of a perpetrator whose negligence caused death alongside illegal firearm possession, while also evaluating the application of law and judicial considerations in the Decision of the Gunung Sugih District Court Number 349/Pid.B/2024/PN.Gns and the Decision of the Tanjung Karang High Court Number 13/PID/2025/PT TJK. The novelty of this research lies in its critical analysis of the criminal fault construction employed by the judges, particularly in determining whether the perpetrator's conduct is more appropriately qualified as gross negligence (culpa lata) or conditional intent (dolus eventualis). This study employs a normative juridical method incorporating a statutory approach, a conceptual approach, and a case approach, with a prescriptive-interpretive analytical technique applied to judicial considerations. The findings reveal that the perpetrator's awareness of the illegal and dangerous nature of the firearm used places his mental attitude beyond mere ordinary negligence, thereby conceptually opening the possibility of dolus eventualis qualification. Furthermore, an inconsistency was identified between the legal facts and the fault qualification assigned by both the prosecutor and the judges, as the perpetrator's risk awareness was not fully internalized within the construction of the charges or the decisions. The divergence in sentencing between the two court levels also reflects a paradigmatic disparity in assessing the purposes of punishment. This study recommends reforming firearm regulations to incorporate a more structured gradation of criminal liability, strengthening an integrated firearm ownership oversight system, and developing prescriptive prosecution and sentencing guidelines for similar cases to enhance consistency in law enforcement and the protection of public safety. Keywords: criminal liability; negligence; dolus eventualis; illegal firearms.
Child Protection In Cases Of Physical Violence And Bullying That Occurs To School Children In Batam City Ricky Bintang Perdana; Winsherly Tan; Abdurrakhman Alhakim
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.v12i1.74

Abstract

Physical violence and bullying are actions carried out by individuals against other parties and have the potential to have various adverse impacts on the victim. This research is focused on assessing the protection of children in cases of physical violence and bullying that occurs in the school environment, as well as examining the effectiveness of policies and protection mechanisms that have been implemented. The impact of such violent practices not only affects the physical condition of children, but also has an impact on psychological aspects, social interactions, and academic achievements. Ideally, schools function as a safe and conducive educational space for children's development, but in reality there are still various cases of violence that have not been handled optimally. Therefore, it is necessary to have a comprehensive identification of the factors that cause violence, as well as the strategic role of schools, parents, and the government in building an effective child protection system that can accurately identify children's needs. This research is expected to contribute ideas in the formulation of prevention and handling efforts to create a safe, comfortable, and free learning environment from violent practices. The type of research carried out empirically, with data collection carried out through interviews with the relevant agencies, namely the Women's Empowerment and Child Protection Office which has authority in child protection. Keywords: Child Protection, Physical Violence, Bullying, School, Batam City, Children's Rights