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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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Underground Management In Agrarian Law Reform In Indonesia Yayan Dimas Ageng; Misranto; 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.v12i2.121

Abstract

This study aims to analyze the regulation of management and basement use permits in agrarian law reform in Indonesia, examine their conformity with the principles of national agrarian law, and identify the legal consequences arising from their use. The main problem lies in the lack of a comprehensive and integrated regulation regarding the basement as a legal object, thus causing legal uncertainty and potential disputes. The type of research used is normative legal research with an analytical descriptive approach, using secondary data through literature studies and qualitatively analyzed. The results of the study show that the regulation of basements is still oriented to the concept of two-dimensional in agrarian law, so it has not been able to accommodate the development of the use of three-dimensional space. In addition, there is no harmonization with the principles of social function, justice, and legal certainty, as well as the weak fragmented licensing system, causing various legal consequences both civilly, administratively, and environmentally. Therefore, agrarian law reform is needed that recognizes the basement as a separate legal object and builds an integrated licensing system to ensure legal certainty and sustainable development. Keywords: Basement, Agrarian Law, Legal Certainty, Integrated Licensing, Legal Reform.
Legal Protection Of Children From Victims Of Criminal Acts With The Mode Of Romantic Relationship By Adults Tiara Rebecca Kezia Siregar; Beniharmoni Harefa
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.v12i2.123

Abstract

This study examines the legal protection for children as victims of criminal acts involving the "romantic relationship" modus operandi (child grooming) by adults. This phenomenon frequently blurs the line between consensual relationships and sexual exploitation due to psychological manipulation and power imbalances. The central problems addressed in this research are the qualification of manipulative actions within romantic relationships as criminal offenses and the synchronization of norms between Law Number 35 of 2014 and Law Number 1 of 2023 to ensure legal certainty for victims. The research utilizes a normative juridical method with a statutory and conceptual approach. The findings indicate that a child's consent in such relationships is vitiated consent (apparent consent) due to disparities in age, maturity, and bargaining power. Furthermore, Law 1/2023 (the New Criminal Code), through Articles 415 and 417, accommodates this modus operandi in greater detail by including the abuse of authority, the provision of rewards, and deception. This represents an evolution in regulation compared to the Child Protection Law, which remains general in its formulation of the element of deceit. Consequently, harmonization of these regulations is necessary to strengthen comprehensive legal protection for children. Keywords: Child Protection, Romantic Relationships, Child Grooming, New Criminal Code (KUHP), Psychological Manipulation.
The Challenges in Strengthening Standards for Improving the Function of Urban Intersections in Malang Ahnaf Vansya; Siti Marwiyah; Wahyu Prawesthi; Vieta Imelda Cornelis
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.v12i2.130

Abstract

Increased urban mobility requires the management of road intersections that is not only technically effective but also has a clear legal basis. The Gunggung, Jalan Raya Langsep, Jalan Dieng, and Jalan Terusan Dieng intersections in Malang City are strategic areas that require a feasibility study on alternative measures to improve intersection functionality. However, traffic management and engineering regulations still leave ambiguities in the norms, particularly regarding the legal basis, feasibility criteria, and the authority of local governments to determine improvements or changes to intersection functions. This study aims to analyze the impact of such regulatory ambiguity on legal certainty in urban traffic engineering policy-making. The method used is normative legal research with a regulatory and conceptual approach. The results of the study indicate that existing regulations have established general objectives for traffic management but have not provided operational, measurable, and binding indicators for determining the feasibility of upgrading intersection functions. In conclusion, it is necessary to strengthen regulations regarding feasibility parameters, assessment procedures, and the division of local government authority so that policies on upgrading intersection functions possess legitimacy, accountability, and legal certainty.   Keywords: regulatory ambiguity, traffic engineering, feasibility studies, intersection improvement, local government.
Implementation Of The Flight Information Region Boundary Adjustment Agreement Between Indonesia And Singapore Salsa Nur Ramadhani Hermandasari; 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.v12i2.160

Abstract

Flight Information Region (FIR) boundary adjustment agreement which was agreed upon by the Indonesian Government with the Singapore Government on January 25 2022, which was later ratified through Presidential Decree No. 109 of 2022, is the result of Indonesia's long struggle. In the implementation of the FIR boundary adjustment agreement, issues regarding Indonesia's sovereignty and the substance of the agreement are not in accordance with Indonesian national regulations, such as Article 2 of the FIR adjustment agreement, Indonesia is obliged to delegate management of Riau air to Singapore's FIR and Article 7 which states that the duration of this agreement is valid for 25 years. . This is not in line with the mandate of the Aviation Law which states that all flight navigation services managed by other countries must be completely taken over by Indonesia by 2024. So it is necessary to conduct research on the Implementation of the FIR Boundary Adjustment Agreement between Indonesia and Singapore. With analytical material based on the efforts of the Indonesian Government in resolving the Riau FIR problem and implementing the Indonesian FIR agreement with Singapore which was agreed upon by both parties. This research uses a juridical-normative legal research method with a historical approach, a statutory approach and a conceptual approach. The research results show that First, there is a long history of the Indonesian Government's efforts to take over air sovereignty and FIR management in the Riau Islands airspace. Second, the implementation of the FIR boundary adjustment agreement between Indonesia and Singapore has been implemented, but the Indonesian Government needs to re-evaluate the substance of the FIR Agreement. Keywords : Management, FIR, Agreements, Indonesia, Singapore, Air Sovereignty, Air Space, Flight Information Region, ICAO, International Aviation Law.
Comparison of Constitutional Requirements for Heads of State in Indonesia, the United States, and the United Kingdom Between the Principles of Non-Discrimination and People's Sovereignty Muhammad Andrean Eka Syaputra; 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

Abstract

This study compares the constitutional requirements for heads of state in Indonesia, the United States, and the United Kingdom, focusing on the dilemma between the principles of non-discrimination and popular sovereignty. The requirements for heads of state reflect the application of the rule of law theory, which seeks to maintain legitimacy, political stability, and national integrity. Indonesia and the United States require candidates for heads of state to be natural-born citizens to guarantee exclusive loyalty, while the United Kingdom uses a parliamentary system with a monarchical head of state and head of government elected by parliament, without strict formal restrictions on citizenship. This study examines the meaning of these norms in the context of modern democracy, analyzes the potential for discrimination against naturalized citizens through the lens of international human rights instruments particularly the International Covenant on Civil and Political Rights (ICCPR), and interprets how each country harmonizes the principle of popular sovereignty with the protection of state sovereignty through normative mechanisms and leadership recruitment. The results show that these differences in regulations represent historical and sociocultural adaptations that adhere to the principles of the rule of law and constitutional democracy. The scientific contribution of this research lies in its human rights-based comparative analysis of three different constitutional systems in assessing the proportionality of citizenship requirements for head of state candidates in the era of modern democracy. Keywords: requirements for heads of state, democracy, rule of law, non-discrimination, popular sovereignty, Indonesia, United States, United Kingdom
Criminological Review Of The Phenomenon Of Verbal Sexual Harassment Against Women In Indonesia Vevti Al Putriana. A; 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.v12i2.162

Abstract

Verbal sexual harassment against women is a common phenomenon in Indonesia and is often considered trivial by some, despite its significant impact on women's psychological well-being, sense of security, and freedom to engage in activities in both public and private spaces. This study aims to examine the phenomenon of verbal sexual harassment against women in Indonesia from a criminological perspective, emphasizing the causal factors, perpetrators' behavioral patterns, and the impacts experienced by victims. This research uses a normative legal research type with a criminological approach through a literature study method of various legal sources, books, and relevant scientific journals. The results of the study indicate that the occurrence of verbal sexual harassment is influenced by patriarchal social construction, low public awareness and understanding of forms of sexual harassment, weak law enforcement, and the existence of social stigma against victims, which causes many victims to be reluctant to report their experiences. Therefore, needed through increasing public education, strengthening the legal framework, and providing adequate support for victims to create a safer and more equitable environment for women in Indonesia. Keywords: Criminology, Verbal Sexual Harassment, Women, Gender-Based Violence, Social Norms, Victimology, Sexual Harassment, Social Control Theory
Commendable Attitudes And Deeds As A Condition For Commutation Of The Death Penalty Perspective Q.S. Al-Maidah (5): 33-34 Suci Hidayati Malau; Noor Azizah
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 3 (2026): Volume 12, Number 3 July-September 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i3.163

Abstract

  Article 100 of Law Number 1 of 2023 concerning the Criminal Code makes "commendable attitudes and deeds" a condition for commutation of the death penalty. However, these provisions do not provide clear parameters so that they have the potential to cause legal uncertainty and subjectivity in their assessment. This study aims to analyze the criteria of "commendable attitudes and deeds" as a requirement for the commutation of the death penalty in Indonesian criminal law and examine it based on the perspective of Q.S. Al-Maidah (5): 33–34. This research is a normative legal research with legislative, conceptual, and comparative approaches. Data were obtained through literature studies and analyzed qualitatively using interpretive and comparative methods. The results of the study show that Article 100 of the Criminal Code has not provided normative indicators regarding "commendable attitudes and deeds", thus opening up a wide range of interpretations. Meanwhile, Q.S. Al-Maidah (5): 33–34 through the concept of repentance provides more concrete parameters, namely real behavior change, cessation of criminal acts, confession of guilt, self-improvement, and fulfillment of the rights of victims. The concept of repentance in Q.S. Al-Maidah (5): 33–34 can be a normative perspective in formulating the parameters of "commendable attitudes and deeds" as a condition for the commutation of the death penalty.   Keywords: Death Penalty Commutation; Commendable Attitudes and Deeds; Q.S. al-Maidah (5): 33-34.
Anomalies in The Registration of Mortgage Rights on Residential Properties: A Legal Analysis of Delays In Title Transfers Within The Home Mortgage Ecosystem Ruby W H Oktolina Samosir; Suyud Margono; Ari Tridianto; Robert L Simanungkalit
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 3 (2026): Volume 12, Number 3 July-September 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i3.166

Abstract

This study examines legal issues in Indonesian property transactions arising from the absence of clear regulatory time limits for title transfer (balik nama) from developers to buyers. This legal gap creates a transitional period in which buyers have fulfilled their financial obligations but have not yet obtained legally registered property rights, resulting in legal uncertainty. The study aims to analyze the juridical implications of delayed title transfer on the validity of mortgage rights and the legal position of the parties involved, particularly in the event of developer bankruptcy. This research employs a normative juridical method using statutory and case approaches, focusing on relevant legislation and the Supreme Court Decision No. 2768 K/Pdt/2011. The findings reveal that delays in title transfer directly affect the registration of mortgage rights, which is constitutive in nature. Failure to comply with procedural requirements, particularly the statutory time limit for registration, may render the Mortgage Certificate legally defective and eliminate the creditor’s preferential rights. Consequently, creditors may be downgraded to concurrent status, while buyers face the risk of losing legal protection over the property, especially in bankruptcy proceedings. The study concludes that the absence of clear regulatory timelines creates systemic legal uncertainty affecting both consumers and financial institutions. Therefore, it is recommended that the government establish strict and enforceable deadlines for title transfer processes, accompanied by administrative sanctions for non-compliance, in order to ensure legal certainty, enhance consumer protection, and strengthen the integrity of the property and banking sectors.
Legal Protection For Residents Of The Setia Mekar Residence 2 Cluster Who Were Displaced Based On Decision No. 999 Pk/Pdt/2023 Sekar Marchayu Setiawan; Atik Winanti
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 3 (2026): Volume 12, Number 3 July-September 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i3.174

Abstract

The eviction of the residents of the Setia Mekar Residence 2 Cluster in Bekasi Regency based on Decision Number 999 PK/PDT/2023 has caused legal problems, because the land has now become a settlement inhabited by residents who legally bought houses. This study aims to analyze the basis of the judge's considerations in the decision and examine the legal protection for residents as buyers in good faith. The research uses normative legal methods with three approaches: legislative, case, and conceptual. Data were analyzed qualitatively from primary, secondary, and tertiary legal sources. The results of the study show that the decision is valid and binding as part of a decision with permanent legal force, based on the principle of legal certainty. However, the affected residents are good-faith buyers who buy houses through official procedures. Therefore, legal protection for citizens is focused on recovering losses through the responsibility of developers, both based on treaty law, unlawful acts, and the Consumer Protection Law.   Keywords: Eviction, Buyer in Good Faith, Consumer Protection.
Application of Good Governance Principles and Inhibiting Factors to the Implementation of Village Government in Pujut Village Central Lombok Regency Awaludin; Nurjayadi
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.v12i2.178

Abstract

Law Number 6 of 2014 concerning Villages, will undergo the last amendment in 2024, through Law Number 3 of 2024 concerning the second amendment to Law Number 6 of 2014 concerning Villages. The changes aim to strengthen the implementation of the principles of Good Governance at the village level, improve the professionalism of village officials, and ensure transparency, accountability, community participation, the rule of law and justice in the development and management of the village budget. However, in practice, there are still many challenges and obstacles in the application of Good Governance principles, such as; Limited community participation, transparency in village budget management, effectiveness of village apparatus performance, and justice for residents, as well as rule of law for the community. The research used is empirical legal research. In this study, the compiler uses a statutory approach (statute approach) and a conceptual approach and an emppris approach. Judging from Article 24 of Law Number 3 of 2024 concerning Villages, the implementation of good governance principles in villages is not going well. Participation in village government is not carried out with the spirit of kinship and mutual cooperation so that criticism and suggestions cannot be done properly. Likewise with transparency and accountability, accountability reports made by the village government are not only submitted to the district/central government, but also informed to the community. Keywords : Good Governance, Village Government.

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