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Contact Name
Zul Khaidir Kadir
Contact Email
punggawalc@gmail.com
Phone
+6287812232291
Journal Mail Official
punggawalc@gmail.com
Editorial Address
Jl. Racing Centre Perum UMI Blok H/18, Kec. Panakkukang, Kel. Karampuang, Kota Makassar, Sulawesi Selatan 90231
Location
Kota makassar,
Sulawesi selatan
INDONESIA
Punggawa Law Review
Published by Punggawa Legacy Center
ISSN : -     EISSN : 31250580     DOI : -
Core Subject :
Punggawa Law Review is a peer-reviewed academic journal that publishes high-quality original research, conceptual analyses, and critical reviews in the field of legal studies. The journal aims to provide a rigorous scholarly forum for the development of legal knowledge, legal theory, and legal practice in both national and international contexts. The journal focuses on the study of law as a normative system, a social institution, and a mechanism of governance. It welcomes contributions that examine law from doctrinal, theoretical, comparative, empirical, and interdisciplinary perspectives. Particular attention is given to research that explores the interaction between law, society, public policy, and justice. Punggawa Law Review covers, but is not limited to, the following areas: Criminal Law and Criminal Justice Constitutional Law and Administrative Law Civil Law and Commercial Law Human Rights Law and International Law Legal Theory, Philosophy of Law, and Legal History Socio-Legal Studies and Law in Society Comparative Law and Transnational Legal Studies Legal Policy, Law Reform, and Governance Law and Technology, Law and Economics, and other interdisciplinary legal studies The journal encourages submissions from scholars, practitioners, and researchers across jurisdictions. Articles may address contemporary legal issues, emerging challenges, and critical debates in law, provided they demonstrate methodological rigor, analytical depth, and scholarly originality.
Arjuna Subject : -
Articles 15 Documents
Narrative Closure in Honor Killing Cases: How Judgments Stabilise Meaning, Eliminate Ambiguity, and Produce Sentencing Certainty Zul Khaidir Kadir
Punggawa Law Review Vol. 1 No. 1 (2026): Punggawa Law Review
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Abstract

Honour killing judgments were often read as straightforward applications of homicide doctrine, yet the written reasons frequently performed additional work by stabilising contested meanings. This article examined how criminal courts produced narrative closure in honour killing cases by narrowing interpretive possibilities, fixing causal chains, and translating a settled story into sentencing certainty. A qualitative judicial decision analysis was conducted using a structured protocol that segmented judgments into factual narrative, evidentiary assessment, legal qualification, and sentencing reasons, then mapped closure across causal, moral, evidentiary, and sentencing dimensions. The analysis found that judgments commonly elevated a reputational “trigger” into the dominant cause, embedded respectability scripts that redistributed moral weight, and constructed credibility hierarchies that converted honour claims into neutral-seeming facts. These moves frequently enabled mitigation drift, in which honour-based frames softened perceived agency without explicit doctrinal endorsement. The study concluded that relevance boundaries in judicial reason-giving were necessary to prevent honour narratives from operating as implicit excuses while preserving their probative value for planning, coercive control, and collective enforcement.
From Territoriality to Functional Control: A Jurisdictional Test for Cross-Border Cyberterrorism Operations Nadiah Khaeriah Kadir
Punggawa Law Review Vol. 1 No. 1 (2026): Punggawa Law Review
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Abstract

Cyberterrorism repeatedly challenged jurisdictional reasoning because its conduct, infrastructure, effects, and evidence were distributed across multiple states, making territorial and effects-based claims both over-inclusive and operationally fragile. This article examined why classical jurisdiction bases produced recurring gaps and conflicts in cross-border cyberterrorism prosecutions and proposed a control-oriented solution. It developed a Functional Control Test that assessed jurisdictional priority by reference to operational direction, meaningful leverage over enabling infrastructure, deliberate targeting and foreseeable coercive effects, and the lawful feasibility of securing decisive electronic evidence. The analysis showed that the test reduced inflated claims driven by incidental routing or compromised nodes, while still accommodating legitimate concurrent jurisdiction for deliberately targeted victim states. It also clarified that strong jurisdiction to prescribe and adjudicate did not entail unilateral cross-border enforcement, preserving consistency with sovereignty and non-intervention constraints. The study concluded that functional control provided a more reviewable and practicable nexus standard for allocating prosecutorial leadership and structuring cooperation in cyberterrorism cases.
Proving Corruption Without Confession: A Theory of Evidentiary Convergence for Illicit Enrichment, Asset Disproportion, and Hidden Beneficial Ownership H.B. Hasan Basri
Punggawa Law Review Vol. 1 No. 1 (2026): Punggawa Law Review
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Abstract

This article addressed the evidentiary difficulty of proving corruption in the absence of confession, explicit quid pro quo language, or formal ownership links. It proposed an evidentiary convergence approach that treated proof as the alignment of independent evidentiary tracks rather than reliance on a single decisive item. The analysis developed two substantive domains. First, illicit enrichment and asset disproportion were assessed as probative only when wealth anomalies were verified, temporally aligned with authority-linked opportunities, and reinforced by concealment indicators, while lawful explanations were tested through objective verification. Second, hidden beneficial ownership was examined through functional control markers, including decision control, economic benefit enjoyment, operational footprints, and risk-bearing patterns, allowing control to be proven even when title was displaced to nominees. The study also formulated an operational design using an evidence matrix and evaluative standards to strengthen inference while preserving fair-trial safeguards. The findings indicated that disciplined convergence improved reliability in no-confession cases without normalizing burden shifting or lifestyle-based prejudice.
The Proof Paradox in Election Crimes: Why High Evidentiary Thresholds Enable Systematic Electoral Wrongdoing Muhammad Fadel Kadir
Punggawa Law Review Vol. 1 No. 1 (2026): Punggawa Law Review
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Abstract

This article addressed the evidentiary difficulty of proving corruption in the absence of confession, explicit quid pro quo language, or formal ownership links. It proposed an evidentiary convergence approach that treated proof as the alignment of independent evidentiary tracks rather than reliance on a single decisive item. The analysis developed two substantive domains. First, illicit enrichment and asset disproportion were assessed as probative only when wealth anomalies were verified, temporally aligned with authority-linked opportunities, and reinforced by concealment indicators, while lawful explanations were tested through objective verification. Second, hidden beneficial ownership was examined through functional control markers, including decision control, economic benefit enjoyment, operational footprints, and risk-bearing patterns, allowing control to be proven even when title was displaced to nominees. The study also formulated an operational design using an evidence matrix and evaluative standards to strengthen inference while preserving fair-trial safeguards. The findings indicated that disciplined convergence improved reliability in no-confession cases without normalizing burden shifting or lifestyle-based prejudice.
Parenting After Separation: Designing Legal Standards That Reduce Conflict, Not Just Resolve It Fadhil Hayan Mochammad
Punggawa Law Review Vol. 1 No. 1 (2026): Punggawa Law Review
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Abstract

Post-separation parenting disputes often persisted despite final court orders because legal standards were commonly drafted to allocate parental time and authority rather than to govern the recurring coordination problems that generated repeat conflict. This article examined post-separation parenting as a governance challenge and assessed how legal standards could be designed to reduce conflict over time, not merely to resolve a single dispute. A doctrinal–normative analysis with a comparative policy lens was applied to identify where under-specified orders failed in practice, especially in schedules and handovers, shared decision-making, communication, and enforcement. The study developed a design framework that operationalized child-centred aims through mandatory minimum-content parenting plans, default rules for predictable flashpoints, defined decision domains with deadlock procedures, regulated communication protocols, and graduated enforcement that corrected minor breaches quickly while escalating responses for persistent non-compliance. The analysis also showed that cooperative models were unsafe or ineffective in high-conflict and high-risk families, requiring differentiated pathways such as parallel parenting and safety-sensitive restrictions. These findings supported a policy rubric for courts and legislators to draft standards that produced stability and reduced incentives for strategic obstruction.
Mapping Recorded Homicide in Indonesia: An Ecological Criminological Analysis Using BPS Data Zul Khaidir Kadir
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
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Abstract

This article maps recorded homicide in Indonesia using BPS-based crime statistics and interprets its territorial visibility through ecological criminology. Rather than treating homicide only as an individual criminal act or as a doctrinal problem of criminal law, the article examines how officially recorded lethal violence appears across national, provincial, village-level, and police-region data. The study uses a descriptive ecological criminological design based on Statistik Kriminal 2024/2025. The findings show that recorded homicide declined slightly from 1,129 incidents in 2023 to 1,106 incidents in 2024. Podes-based territorial data show that the percentage of villages or urban villages with homicide incidents in 2024 ranged from 0.18 percent to 1.87 percent, with the highest percentages in DKI Jakarta, Papua Selatan, and Papua Tengah, and the lowest in Aceh, Kalimantan Utara, and Bali. As a supporting comparison, police-region data on crimes against life show the highest burden in Jawa Timur, Sumatera Utara, and Papua. The article argues that these data should be interpreted as indicators of official visibility and territorial burden, not as direct measures of individual criminality or causal explanation. By linking BPS data with ecological criminological theory, the article contributes to Indonesian homicide studies by offering a disciplined descriptive mapping of recorded homicide while clarifying the methodological limits of official statistics.
Mercy Killing in Bioethical, Legal, and End-of-Life Care Perspectives Reza Ahda Kadir
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
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Abstract

Mercy killing remains a highly contested issue in bioethics, medical law, and end-of-life care because it involves the deliberate ending of life under the justification of compassion. Although the term is often associated with euthanasia and assisted dying, it must be carefully distinguished from refusal of treatment, withdrawal of life-sustaining treatment, do-not-resuscitate decisions, and palliative sedation, since these practices differ in intention, causation, consent, and legal consequences. This study aims to analyze mercy killing from bioethical, legal, and end-of-life care perspectives, with particular attention to patient autonomy, human dignity, vulnerability, palliative care, professional conscience, and implications for the Indonesian health-care context. Using a normative bioethical and legal-analytical approach, this article examines the ethical tension between relieving unbearable suffering and protecting human life. The analysis shows that autonomy cannot be separated from decision-making capacity, freedom from coercion, adequate information, and access to meaningful alternatives, especially palliative care. It also emphasizes that vulnerable groups, including older persons, disabled individuals, economically disadvantaged patients, and people with mental disorders, require stronger protection against subtle social pressure. In Indonesia, where law, religion, culture, and medical ethics strongly emphasize the sanctity and protection of life, the central priority should not be the normalization of active life-ending practices, but the strengthening of palliative care, legal clarity, clinical ethics consultation, and humane communication at the end of life.
Notarial Liability for Changes in the Shareholder Composition of Limited Liability Companies Irba Ufairah Razak
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
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Abstract

Changes in the shareholder composition of a limited liability company are not merely internal administrative adjustments. They affect voting power, dividend entitlement, control, beneficial ownership, corporate governance, and the legitimacy of subsequent corporate decisions. In Indonesian practice, such changes commonly arise from share transfers, capital increases, acquisitions, inheritance, conversion of company status, or restructuring of ownership. This article examines the responsibility of notaries in drafting deeds, verifying corporate documents, ensuring the legality of shareholder resolutions, and submitting changes through the electronic legal entity administration system. Using normative research, this article argues that notaries are not absolute guarantors of hidden material facts, but they remain responsible for formal legality, prudence, neutrality, accurate deed-making, document consistency, and accountable electronic filing.
The Role of the Manpower Office of Balikpapan City in Providing Legal Protection for Workers with Disabilities Achmad Kemal K
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
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Abstract

Legal protection for workers with disabilities is a fundamental aspect of equality, human dignity, and substantive access to decent work. In Balikpapan City, the realization of this protection depends on the institutional capacity of the Manpower Office to translate national disability-employment obligations into effective local administrative practice. This article examines the role of the Manpower Office of Balikpapan City in protecting workers with disabilities through inclusive employment policy, job-placement mediation, capacity building, quota-compliance monitoring, reasonable-accommodation guidance, and industrial-relations protection. This study applies a normative juridical method with statutory and conceptual approaches. The statutory approach is used to examine Law Number 8 of 2016 on Persons with Disabilities and Government Regulation Number 60 of 2020 on Disability Service Units in the Employment Sector, while the conceptual approach is used to analyse legal protection, substantive equality, reasonable accommodation, and inclusive employment governance. The article argues that formal legal recognition is insufficient without integrated disability labour data, accessible recruitment procedures, employer technical assistance, post-placement monitoring, and disability-sensitive complaint mechanisms. Strengthening the Disability Service Unit within the Manpower Office is therefore essential to ensure that workers with disabilities are protected not only formally, but also substantively within Balikpapan’s labour market.
State Obligations toward Unauthorized Parking Attendants in the Fulfilment of the Right to Work and Urban Public-Space Governance Rama Putra Alvareza
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
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This article examines state obligations toward unauthorized parking attendants in Indonesia by placing the issue at the intersection of informal labor protection, the constitutional right to work, and urban public-space governance. Unauthorized parking attendants are commonly treated as public-order offenders because they collect parking fees without official authorization, operate outside registered parking systems, and often contribute to congestion, tariff uncertainty, illegal levies, and leakage of local revenue. This view is legally relevant but incomplete. It becomes analytically weak when state policy relies only on raids, removal, administrative sanctions, or criminalization without addressing the socio-economic structure that produces unauthorized parking work. Using normative legal research with statutory, conceptual, and literature-based approaches, this article argues that unauthorized parking attendants must be understood as informal workers located in a transitional legal position. Their practices may be unlawful, but their social position reflects limited access to decent work, weak social protection, and gaps in urban governance. The state must therefore distinguish between illegal parking practices that require control and the persons behind those practices who remain rights-bearing citizens. The article proposes a model of state obligation based on three layers: respecting the dignity of informal workers, protecting the public and attendants from illegal levies and exploitation, and fulfilling access to lawful work through data collection, selective registration, social security, training, digitalized payment systems, and job transition schemes.

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