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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 76 Documents
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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
The Role Of The National Police In Preventing And Handling The Crime Of Violent Theft (Begal) In The Jurisdiction Medan Police Fransma Putra Laia; Janpatar Simamora; Ojak Nainggolan
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.v12i2.69

Abstract

This study examines the role of the National Police in preventing and handling violent theft (begal) in the jurisdiction of the Medan Police through preventive and repressive efforts. The crime of theft with violence or often referred to as the crime of theft is a criminal act that is preceded, accompanied, or followed by violence or threats of violence against people, with the intention of preparing or facilitating theft. This crime of theft with violence has been expressly regulated in Article 365 of Law Number 1 of 1946 concerning Criminal Law Regulations which is updated by Law Number 1 of 2023 concerning the Criminal Code. This research method uses a juridical-normative approach with an empirical method. The data of this study is sourced from the results of direct interviews with law enforcement officials at the Medan Police, namely the Head of the Jatanras Unit and the Jatanras Investigator of the Medan Police which are supported by primary legal sources, secondary legal sources and tertiary legal sources as well as literature studies.   Keywords: Law Enforcement, Crime, Theft, Violence, City of Medan.
Qualifications for the Criminal Act of Disseminating Private Chats to Public Spaces from the Perspective of Law Number 1 of 2023 concerning the Criminal Code Ade Indriani; 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.v12i2.70

Abstract

The dissemination of private chats into public spaces has become a growing legal issue in Indonesia's digital environment. Beyond raising concerns regarding privacy, such conduct may also affect an individual's reputation and involve the unauthorized disclosure of personal data. This study analyzes the legal qualifications of disseminating private chats in the perspective of Law Number 1 of 2023 concerning the Criminal Code and examines its relationship with the Electronic Information and Transactions Law and Law Number 27 of 2022 concerning Personal Data Protection. This research employs a normative legal method using statutory, conceptual, and case approaches. Legal materials are analyzed through grammatical, systematic, and teleological interpretation. The findings indicate that the dissemination of private chats cannot automatically be classified as a criminal offense. Criminal liability arises only when the act fulfills specific legal elements, including intentional dissemination, absence of legal justification, infringement of reputation, or unauthorized disclosure of personal data. The study further demonstrates that Articles 433–440 of the Criminal Code, the Electronic Information and Transactions Law, and the Personal Data Protection Law operate in a complementary manner in assessing criminal liability. Accordingly, the dissemination of private chats should be understood as a multidimensional legal issue involving the protection of honor, privacy, and personal data within Indonesia's digital legal framework.   Keywords : Digital Communication, Defamation, Personal Data, Privacy, Private Chats, Criminal Law.
Problems of Limiting Cassation in Criminal Cases: Normative Analysis of Article 299 of Law Number 20 of 2025 concerning the Criminal Procedure Code Muhammad Irfan Fadhila; 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.v12i2.71

Abstract

Law Number 20 of 2025 concerning the Criminal Procedure Code introduces a new policy on limiting cassation remedies in criminal cases through Article 299. The policy is intended to improve judicial efficiency and reduce case backlogs at the Supreme Court. However, the restrictions raise concerns regarding access to justice and the protection of procedural rights within the criminal justice system. This study aims to analyze the normative construction of cassation limitations under Article 299 and examine their implications for the principles of access to justice and fair trial. The research employs a normative legal method using statutory, conceptual, and case approaches. Legal materials are analyzed through grammatical, systematic, and teleological interpretation. The findings reveal that the limitation of cassation reflects a shift in criminal procedural policy from a rights-oriented approach toward an efficiency-oriented approach. Although the policy may contribute to reducing the Supreme Court's caseload, it simultaneously narrows opportunities to correct legal errors and may weaken the cassation function in maintaining uniform application of law. This study argues that cassation limitations should only be applied proportionally and based on clear legal criteria to ensure compliance with due process of law. The research contributes a normative framework for assessing the legitimacy of cassation restrictions by balancing judicial efficiency, legal certainty, and the protection of procedural rights in Indonesia's criminal justice system .   Keywords : Cassation, Limitation of Cassation, Criminal Procedure Code, Supreme Court, Access to Justice, Due Process of Law.
Disharmonization of Arbitral Judgments and District Courts in Guarantee Bank Claims Disputes Aditama Candra Kusuma; Heru Sugiyono; Muthia Sakti
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.v12i2.82

Abstract

This research is motivated by the phenomenon of dualism of decisions between arbitration institutions and district courts in the case of bank guarantee claims which have implications for legal certainty for the principal or customer. In practice, often the arbitral institution decides that the principal is not proven to be in default, while the District Court orders the disbursement of the bank guarantee to the guarantor. This condition creates a normative conflict between the principle of finality and binding in the arbitration award and the judicial authority of the district court. This study uses normative legal research methods with a statute approach, a comparative approach, and a case study approach, and a case study approach, and relies on secondary data from laws and regulations, literature, and related court decisions. The results of the study show that normatively, arbitral awards have a legal status on par with district court decisions and are final and binding, but in practice there are still judicial interventions that cause legal uncertainty. The dualism of the decision has an impact on economic losses, reputation, and the effectiveness of business dispute resolution. Using Gustav Radbruch's theory of legal certainty, this study emphasizes the importance of consistency in the application of the principle of final and binding and the harmonization of authority between arbitration and general courts to ensure legal certainty, justice, and stability of the business climate in Indonesia.   Keywords: Arbitration, Bank Guarantee, Legal certainty.
Health Law Protection for Students in the Implementation of Free Nutritious Eating Programs based on Presidential Regulation Number 115 of 2025 Novita Listyaningrum; Sis Nanda Kus Andrianto; Dwi Ratna Kamala Sari Lukman; Awaludin
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.v12i2.89

Abstract

This study aims to see the health legal protection of the Free Nutritious Eating program, namely preventive legal protection and repressive legal protection. This research uses normative legal research methods with a regulatory approach and a conceptual approach. Preventive legal protection can be seen from the 1945 Constitution providing constitutional legitimacy; The UUPK provides a mechanism for responsibility and compensation; The Food Law guarantees safety and quality standards; The Health Law affirms the right to nutrition and health; and Presidential Regulation 115 of 2025 ensures systematic governance and supervision. Meanwhile, the protection of repressive laws is an important instrument to ensure the restoration of rights and justice for participants who are harmed by non-conformity with nutritional standards. Through a combination of civil, administrative, and criminal accountability mechanisms regulated in the Civil Code, UUPK, Food Law, Health Law, and Presidential Regulation Number 115 of 2025, the state seeks to ensure that the MBG Program is not only administratively operational, but also legally accountable.   Keywords: Free Nutritious Eating (MBG), Legal Protection, Preventive Legal Protection, Repressive Legal Protection, Food Safety, Health Law.
Position and Implications of the Judge's Pardon Decision (Rechterlijk Pardon) in the Criminal Code System and the New Criminal Code: A Normative Study Based on SEMA Number 1 of 2026 Bebly Rajes Punjabi Bebly; Kholidazia El Hamzah F; Muhamad Dluha; Achmad Syamsul Askandar
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.v12i2.94

Abstract

The evolution of Indonesian criminal law reflects a significant paradigm shift in sentencing, transitioning from a retributive framework toward a more humane and substantive justice-oriented approach. A pivotal manifestation of this reform is the codification of judicial pardon (Rechterlijk Pardon) under Law Number 1 of 2023 on the Criminal Code (KUHP), which empowers judges to withhold criminal sanctions from a defendant proven guilty, subject to specific equitable considerations. This study aims to analyze the legal standing of Rechterlijk Pardon within the sentencing architecture of the new Criminal Code (KUHP) and the new Criminal Procedure Code (KUHAP), examine its regulatory framework and application under Supreme Court Circular (SEMA) Number 1 of 2026, and assess its juridical implications for the overarching objectives of punishment. Employing a normative legal research methodology, this study utilizes statutory, conceptual, and case-based approaches. The findings indicate that Rechterlijk Pardon serves as an instrument of sentencing flexibility that reinforces the realization of substantive justice. The novelty of this research lies in its critical analysis of the interplay between the normative provisions of the new KUHP and their operationalization through SEMA Number 1 of 2026, which serves to circumscribe judicial discretion while ensuring systemic consistency across the national criminal justice apparatus.   Keywords: Judicial Pardon (Rechterlijk Pardon), Criminal Law, New Penal Code, New Criminal Procedure Code.

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