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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
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Articles 76 Documents
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Legal Responsibility and Protection of Obstetrics and Gynecology Residents in Delegated Emergency Care Authority in Disadvantaged, Frontier, and Outermost Regions: An Analysis of Law No. 17 of 2023 on Health Bahar Sangkur Gusasih; Ahmad Ma’mun Fikri
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.v12i2.96

Abstract

Obstetric emergency services in Underdeveloped, Frontier, and Outermost (3T) regions face complex medicolegal challenges, particularly regarding the limited number of Obstetricians and Gynecologists (OBGYN). The presence of Residents (Specialist Doctor Education Program Participants/PPDS) assigned to 3T areas places them as emergency medical decision-makers through the mechanism of delegation of authority from the sole OBGYN as the Doctor in Charge of Services (DPJP). This study aims to analyze the boundaries of legal responsibility and protection for OBGYN Residents performing emergency obstetric procedures in 3T areas based on Law Number 17 of 2023 concerning Health. This study uses a normative juridical method with a statutory and conceptual approach. The results indicate that Law No. 17 of 2023 provides a framework for strengthening legal protection through medical personnel immunity in overmacht conditions within 3T regions. The study concludes that clear operational standardization of clinical delegation between educational institutions and regional hospitals is essential to ensure legal certainty and patient safety.
A Juridical Analysis of Legal Sanctions for Non-Adherent Tuberculosis Patients: Balancing Public Interest and the Right to Health Erry Prasetyo; Ahmad Ma’mun Fikri
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.v12i2.97

Abstract

Tuberculosis remains a major public health challenge in Indonesia due to its long and complex treatment regimen requiring high adherence. Non adherence raises juridical and ethical dilemmas between the obligation of the state to protect public health and the obligation to guarantee the right to health and human dignity. This study analyzes the juridical feasibility of imposing legal sanctions on tuberculosis patients who fail to adhere to treatment. The research uses a normative juridical approach with statute, conceptual, and human rights approaches. The results indicate that Indonesian positive law does not explicitly criminalize non adherence to tuberculosis treatment. Current policy prioritizes administrative and public health approaches such as patient education, treatment supervision, and strengthening healthcare services. Criminal sanctions therefore should not be the primary instrument in addressing treatment non adherence, and should only be considered as ultimum remedium in exceptional circumstances.   Keywords: Tuberculosis, treatment adherence, legal sanctions, public health law, human
Wrong Site Surgery as a Tort An Analysis of the Liability of Surgeons and Hospitals Ghani Ikhsan Majid; Asep Sapsudin
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.v12i2.98

Abstract

Wrong Site Surgery (WSS) is one of the most serious never events in health care because it is conceptually preventable, yet when it occurs it causes physical, psychological, social, and economic harm to patients. This study examines the juridical parameters of WSS as a tort and analyzes the allocation of liability between the surgeon as an individual actor and the hospital as a corporate health-care provider. The study applies a normative-analytical legal design using statutory, conceptual, and case approaches. The research target is not a statistical population but legal norms, doctrines, scientific studies, and concrete cases relevant to WSS. Data were collected through a systematic library study of primary, secondary, and tertiary legal materials. The data were analyzed qualitatively and prescriptively through grammatical, systematic, and teleological interpretation to assess the elements of tort, the surgeon’s position, and the hospital’s legal obligations. The findings show that WSS fulfills the elements of an unlawful act because it involves unlawful conduct, fault, damage, and a clear causal relationship. Surgeons bear personal liability for professional negligence in patient verification, site marking, and compliance with the time-out process, whereas hospitals may be liable under vicarious liability and corporate liability when systemic failures, weak supervision, deficient policies, and poor safety culture contribute to the event. Practically, the study underscores the importance of documented preoperative verification, audits of time-out compliance, non-punitive incident reporting, and prompt, accountable compensation mechanisms   Keywords: wrong site surgery; tort; medical liability; hospital liability; patient safety.
Legal Responsibility Of Hospital For Refusal To Provide To Provide Emergency Medical Services In Case Of Meternal And Neonatal Death In Papua Province Jeuquline Octoviana Tentua; Ahmad Ma’mun Fikri
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.v12i2.99

Abstract

This study is motivated by the case of Irene Sokoy, a pregnant woman, and her unborn child, who died after allegedly being refused medical services by four hospitals in Papua Province. This incident constitutes a legal event that reflects a serious failure in the healthcare service system. This study aims to analyze the construction of hospital legal liability in cases involving the sequential refusal of emergency patients and to examine how the law can play a more active role in addressing refusals of medical services that may endanger patients’ lives. It also seeks to identify the forms of legal responsibility that may be imposed on hospitals when the refusal of emergency services results in harm to patients. This research uses a normative juridical method with statutory, conceptual, and comparative law approaches. The findings indicate that the refusal of services by four hospitals cannot be viewed as isolated violations, but rather as a series of cumulative unlawful acts. This study emphasizes the need to strengthen the principle of a zero-refusal policy and to reform the national referral system. Furthermore, the findings show that the refusal of emergency medical services by hospitals constitutes a violation of their legal obligations as stipulated in Law Number 44 of 2009 on Hospitals and Law Number 17 of 2023 on Health. Hospitals may be held legally accountable in the form of civil, criminal, and administrative liability if they are proven to have refused services resulting in patient death.   Keywords: Legal Liability, Hospitals, Emergency Services, Sequential Refusal, Papua. This study is motivated by the case of Irene Sokoy, a pregnant woman, and her unborn child, who died after allegedly being refused medical services by four hospitals in Papua Province. This incident constitutes a legal event that reflects a serious failure in the healthcare service system. This study aims to analyze the construction of hospital legal liability in cases involving the sequential refusal of emergency patients and to examine how the law can play a more active role in addressing refusals of medical services that may endanger patients’ lives. It also seeks to identify the forms of legal responsibility that may be imposed on hospitals when the refusal of emergency services results in harm to patients. This research uses a normative juridical method with statutory, conceptual, and comparative law approaches. The findings indicate that the refusal of services by four hospitals cannot be viewed as isolated violations, but rather as a series of cumulative unlawful acts. This study emphasizes the need to strengthen the principle of a zero-refusal policy and to reform the national referral system. Furthermore, the findings show that the refusal of emergency medical services by hospitals constitutes a violation of their legal obligations as stipulated in Law Number 44 of 2009 on Hospitals and Law Number 17 of 2023 on Health. Hospitals may be held legally accountable in the form of civil, criminal, and administrative liability if they are proven to have refused services resulting in patient death.   Keywords: Legal Liability, Hospitals, Emergency Services, Sequential Refusal, Papua.
Disharmony in the Concept of the Death Penalty between the National Criminal Code and the Anti-Corruption Law Patrick Yehezkiel Bukanaung; Sri Astutik; Moh Taufik; Renda Aranggraeni
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.v12i2.102

Abstract

This study examines the disharmony in the concept of the death penalty between the National Criminal Code and the Anti-Corruption Law in Indonesia. Article 2, paragraph (2) of the Anti-Corruption Law permits the imposition of the death penalty under certain circumstances, while Article 100 of the National Criminal Code positions the death penalty as an alternative punishment with a probationary period of ten years. This difference creates a normative conflict and raises legal uncertainty in the implementation of criminal law policies, particularly in corruption cases. The purpose of this study is to analyse the differences in the regulation of the death penalty and its implications for the Indonesian criminal justice system. This research is a normative legal study with a descriptive-analytical approach, using secondary data collected through library research and analysed qualitatively. The results indicate that the inconsistency between the two regulations reflects a lack of harmonisation in criminal law reform, potentially leading to differing interpretations and applications of the death penalty in corruption cases. Therefore, legal harmonisation is necessary to ensure legal certainty, justice, and consistency within the Indonesian criminal justice system.   Keywords: Death-Penalty, National-Criminal-Code, Anti-Corruption, Norms, Criminal.  
The Effectiveness of the Old Criminal Code in Countering Online Gambling: An Analysis of Normative Weaknesses and a Comparison of Its Regulation with the ITE Law Raehan Akbar Fadillah; Yuliana Yuli
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.v12i2.106

Abstract

The rapid development of information technology has transformed conventional gambling into online gambling that operates through electronic systems and transcends territorial boundaries, posing a serious challenge to the implementation of the old Criminal Code designed to tackle conventional crimes. Although the study of online gambling and cybercrime has developed quite a bit, there has been no research that systematically compares the old Criminal Code and the ITE Law from various normative aspects while integrating the theory of legal effectiveness as an analytical framework. This study fills this gap by analyzing the effectiveness of the old Criminal Code, identifying its normative weaknesses, and comparing its regulation with the ITE Law using legislative, conceptual, and comparative approaches. The results of the study show that the old Criminal Code has fundamental limitations due to the formulation of criminal elements oriented to physical acts, territorial assumptions, and the absence of regulation of electronic evidence, while the ITE Law has proven to be more responsive and has a position as a lex specialis. The contribution of this research is the availability of multi-aspect comparative analysis that integrates Soerjono Soekanto's theory of legal effectiveness as an academic reference and practical basis for cyber criminal law policy reform in Indonesia.   Keywords: Old Criminal Code; Online Gambling; THE WILL; Legal Effectiveness; Lex Specialis.
Enforcement Of The Ban On Probationary Periods In Fixed-Time Work Agreements (Pkwt) The Role Of The Batam City Manpower Supervision Upt Leny Besouw; David Tan
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.v12i2.107

Abstract

This study aims to analyze the role of the Batam City Manpower Supervision Unit in supervising the prohibition of probationary periods in the Fixed-Time Work Agreement (PKWT), the obstacles faced, and the efforts made in enforcing labor norms. The prohibition of probationary periods in PKWT has been regulated in Law Number 13 of 2003 as amended through Law Number 6 of 2023 concerning Job Creation and Government Regulation Number 35 of 2021. However, in practice, companies are still found that apply a trial period with other terms that have the potential to harm workers.This study uses an empirical juridical method with a qualitative approach. Data were obtained through interviews, literature studies, and analysis of laws and regulations. The results of the study show that the Batam City Manpower Supervision Unit has carried out supervision through the stages of planning, inspection, and reporting in accordance with the provisions of the Regulation of the Minister of Manpower Number 33 of 2016. However, the implementation of supervision has not been optimal due to the limited number of supervisors, facilities and infrastructure, the weak implementation of administrative sanctions, low legal awareness, and a work culture that still tolerates probationary periods in PKWT. Therefore, it is necessary to strengthen supervision, improve operational facilities, add labor supervisors, and socialize the law in an ongoing manner to increase legal protection for PKWT workers in Batam City.   Keywords: PKWT, probation, labor supervision, law enforcement, legal protection.
The Legal Liability of Local Governments in Disputes Over Athlete Bonus Payments Muhammad Bara’ Ramadhan M; Wahyu Prawesthi; Muhammad Yustino Aribawa; Dedi Wardana Nasoetion
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.v12i2.112

Abstract

This study examines the legal liability of local governments for failing to fulfil promised bonus payments to athletes. This issue arises because, while bonuses are promised as recognition of athletes’ achievements, in practice, payments are often delayed or fail to materialise. The objective of this legal study is to describe and explain in detail and fundamentally that, based on the principle of legal certainty, the principles of good governance, and statutory provisions, local governments can be held legally liable for breach of contract or negligence in fulfilling promises to pay athlete bonuses. This study is a normative, descriptive-analytical research study, utilising secondary data through a literature review and qualitative data analysis. The results of the study indicate that athlete bonuses promised by local governments carry binding legal and administrative consequences once formalised in policies, decisions, or local budgets. Therefore, athletes, as aggrieved parties, are entitled to legal protection through administrative mechanisms or legal action in accordance with applicable laws and regulations.   Keywords: Accountability, Government, Bonuses, Athletes, Disputes.
Conceptualization Of Meaningful Participation As An Instrument For Participatory Legal Awareness Building Alfian Reymon Makaruku; Eivandro Wattimury; Sostones Y. Sisinaru
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.v12i2.117

Abstract

Low levels of legal awareness are often caused by a lack of public involvement in the processes of law-making and law enforcement. This study analyses the impact of meaningful participation on the development of legal awareness and conceptualises meaningful participation as a means of fostering legal awareness. It employs a normative legal methodology, utilising both conceptual and statutory approaches. The findings indicate that the concept of meaningful participation in fostering legal awareness can transform technical compliance into the internalisation of values and voluntary compliance with the law, build a participatory and responsive culture of legal compliance, and integrate the enhancement of legal awareness with the practice of deliberative democracy, thereby fostering a sense of ownership of the law. Furthermore, realising “meaningful participation” as an instrument for fostering legal awareness can be achieved through; the provision of access to adequate information, public legal education within inclusive consultative forums, the consistent use of digital technology coupled with accountable evaluation mechanisms, and cross-sectoral collaboration to enhance responsive legal awareness.   Keywords: Meaningful Participation, Instrument, Legal Awareness.
The Role Of Notaries In The Process Of Establishing A Limited Liability Company Legal Entity In Indonesia Muhammad Arief Rakhman Hakim; Abdul Rokhim; Sunardi
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.v12i2.120

Abstract

The development of economic globalization requires legal certainty in the establishment of business entities, especially Limited Liability Companies (PT), which makes the role of notaries increasingly strategic in ensuring legality and transparency. The problem in this study is how the authority, responsibility, and role of notaries in the process of establishing a Limited Liability Company based on laws and regulations, as well as their implications for the principles of transparency and legal certainty. The purpose of this research is to analyze in depth the authority, responsibility, and role of notaries in the establishment of a PT, especially in relation to the identification of beneficial owners and the preparation of the Articles of Association. This type of research is a normative legal research that is descriptive-analytical, using secondary data obtained through library research, and analyzed qualitatively with a legislative and conceptual approach. The results of the study show that the authority of notaries has developed from an administrative function to a preventive function in ensuring legal transparency. The notary's responsibilities are not only limited to formal truthfulness, but also face expansion due to the obligation to identify beneficial owners, which raises potential conflicts with the principle of office secrecy. In addition, notaries have a strategic role in the preparation of the Articles of Association as legal drafters and advisors. Thus, notaries play an important role in supporting legal certainty and good corporate governance in Indonesia. Keywords: Notary; Limited Liability Companies; Notary Authority; Notary Responsibility; Beneficial Owners.

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