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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.
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Articles 15 Documents
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Hospital Accountability for Medical Malpractice within Civil Liability and Patient Safety Governance Arfandi Sanubari
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

Hospital liability in medical malpractice has become an important issue because modern care is delivered through institutional systems that shape clinical decisions, patient safety, and legal responsibility. This study aims to examine the scope of hospital accountability when patient injury results from negligent medical services, unsafe governance, inadequate supervision, or breach of patient rights. The research applies a normative juridical method with descriptive analysis of legal doctrine, health law principles, civil liability, administrative responsibility, criminal responsibility, and patient safety scholarship. The findings show that hospitals may be liable through vicarious responsibility for negligent health workers, direct institutional negligence, civil compensation duties, regulatory sanctions, and limited criminal accountability in serious cases. Hospital responsibility is strengthened by failures in credentialing, staffing, informed consent, documentation, incident reporting, disclosure, and digital health governance. Effective liability should distinguish unavoidable medical risk from malpractice while ensuring patient compensation, institutional correction, and safer health service systems.
The Legal Position of Investigators under Law Number 20 of 2025 on the Indonesian Criminal Procedure Code Isdar
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

This article examines the legal position of investigators under Law Number 20 of 2025 on the Indonesian Criminal Procedure Code. The statute redefines investigation as a structured evidentiary process and places investigators as key actors who determine whether a reported event may proceed to prosecution. Using normative legal research, this study analyzes provisions on investigator classification, evidentiary authority, suspect determination, coercive measures, restorative justice, digital evidence, legal assistance, and pretrial review. The analysis shows that Articles 1, 6, 7, 89, 90, 142, 158, and 163 construct investigators as authoritative but reviewable procedural actors. Their authority covers evidence collection, rights affecting measures, settlement facilitation, and coordination with prosecutors. However, such authority is limited by due process, proportionality, documentation, judicial control, victim protection, and suspect rights. The new KUHAP therefore positions investigators as legal gatekeepers of legality, fairness, and accountability within Indonesian criminal justice.  
Customary Criminality, Bride Abduction, and the Limits of Living Law: A Comparison of Article 25 of Makassaarsche Chrestomathie in Global Perspective Abd Kadir Ahmad
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

This article examines Article 25 of Makassaarsche Chrestomathie, particularly the provision commonly associated with the abduction or taking of a woman within the normative setting of Makassarese customary law. The article treats the provision as a crucial point of entry into the older legal imagination of crime, marriage, kinship, and social order. The central difficulty lies in the fact that the offence cannot be read directly through the categories of modern penal law. What appears today as kidnapping, coercion, or forced marriage may have been articulated within a customary legal structure concerned with family authority, compensation, shame, status, and the restoration of disturbed communal relations. Using normative legal method, this article compares the Makassarese provision with global debates on bride kidnapping in Kyrgyzstan and ukuthwala in South Africa. The comparison does not assume equivalence between those legal cultures. Rather, it uses them to test how customary justification, consent, gendered authority, and state criminal law interact when marriage-related abduction is claimed as tradition. The article argues that Article 25 should be read neither as an archaic curiosity nor as an unproblematic form of indigenous justice. It contains a legal grammar that may preserve communal order, yet it also raises a hard question about whether the woman’s will is treated as legally decisive. In contemporary Indonesian criminal law, especially after the recognition of living law in Law No. 1 of 2023, this issue becomes more than historical.
Technology-Facilitated Domestic Violence and Coercive Control: A Normative Legal Study on Victim Protection in Digital Intimate Relations Sutiawati
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

Technology-facilitated domestic violence raises a doctrinal difficulty that cannot be solved by adding more cybercrime provisions to existing legal systems. The central problem lies in the way law classifies harm. Digital abuse in intimate relationships may appear as fragmented conduct: repeated messages, access to cloud storage, location tracking, control over banking applications, threats to circulate intimate images, or the misuse of smart-home devices. Assessed separately, each act may look minor, technically ambiguous, or difficult to prove. Within an abusive relationship, however, those acts may operate as coercive control. This article uses normative legal research to examine how domestic violence law should recognise technology-facilitated coercive control while avoiding an overbroad criminal category. The analysis relies on primary legal materials, including the Serious Crime Act 2015, the Domestic Abuse Act 2021, the Domestic Abuse (Scotland) Act 2018, the Online Safety Act 2023, the EU Digital Services Act, Australia’s Online Safety Act 2021, and selected coercive-control reforms in New South Wales. It also draws on recent journal literature concerning intimate partner violence, coercive control, image-based sexual abuse, digital evidence, and victim protection. The article argues that digital abuse should be legally treated as domestic violence where the conduct forms part of a pattern of domination, surveillance, intimidation, sexual coercion, economic restriction, or post-separation control. It further argues that digital evidence must be handled through a victim-centred protocol based on necessity, specificity, minimisation, and protected disclosure. A stronger legal model does not need to abandon due process. It needs to read digital facts in their relational setting.
Corporate Sustainability Due Diligence and the Reconfiguration of Civil Liability in Global Supply Chains: A Socio-Legal Study Approach Fitriani Jamaluddin; Muhammad Ashabul Kahfi
Punggawa Law Review Vol. 1 No. 2 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

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Abstract

The adoption of Directive (EU) 2024/1760 on corporate sustainability due diligence has changed the private-law position of transnational business contracts in global supply chains. This article examines how the CSDDD reshapes civil liability by turning sustainability due diligence into a legally relevant standard for assessing corporate conduct before human rights or environmental harm occurs. Using normative legal research, the article analyzes the Directive, the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, and recent legal scholarship on mandatory human rights and environmental due diligence. The findings indicate three main points. First, the CSDDD moves corporate civil liability from a predominantly post-harm model toward a preventive model based on knowledge, leverage, risk identification, and reasonable action. Second, transnational business contracts become channels of regulatory transmission. Supplier codes, audit rights, contractual assurances, remediation clauses, reporting duties, and termination provisions carry EU sustainability standards into private relations with suppliers outside the Union. Third, the CSDDD creates a distributive problem inside supply chains. Covered companies may shift compliance costs, audit burdens, and legal risks to suppliers that are not formally subject to the Directive. The article argues that civil liability under the CSDDD should be assessed relationally, by examining knowledge, commercial leverage, contribution to risk, contractual control, and access to remedy. A due diligence regime is legally meaningful only where contracts allocate prevention costs, remediation duties, and evidentiary responsibilities in a fair and workable manner.

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