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Punggawa Law Review
Published by Punggawa Legacy Center
ISSN : -     EISSN : 31250580     DOI : -
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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 51 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
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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
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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67707/plr.v1i2.29

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
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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
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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.
The Legal Politics of Indigenous Peoples’ Rights Recognition Following Constitutional Court Decision Number 35/PUU-X/2012 from a Human Rights Perspective Frans Tory Damara Pradipta
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
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The recognition of indigenous peoples’ rights remains a crucial legal issue in Indonesia despite constitutional guarantees and Constitutional Court Decision Number 35/PUU-X/2012. This study aims to analyze the legal politics of indigenous peoples’ rights recognition following the decision from a human rights perspective. The research employed normative legal research using statutory, conceptual, and case approaches. Legal materials were collected through library research and analyzed qualitatively through legal interpretation and legal reasoning. The findings reveal that Constitutional Court Decision Number 35/PUU-X/2012 strengthened the constitutional position of indigenous peoples by affirming that customary forests are no longer part of state forests. However, the implementation of indigenous rights recognition continues to face challenges, including administrative barriers, regulatory fragmentation, and the absence of comprehensive legislation. From a human rights perspective, these challenges indicate a gap between constitutional recognition and substantive rights protection. Therefore, legal harmonization and institutional reforms are necessary to ensure the effective realization of indigenous peoples’ constitutional and human rights in Indonesia.    
Environmental Law as an Instrument for Accelerating Renewable Energy in Indonesia: A Normative Analysis of Permitting, Ecological Justice, and Energy Transition Governance Hosea Alfandi
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
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This article analyzes the role of environmental law in accelerating the development of renewable energy in Indonesia. The main issue examined is the lack of alignment between environmental protection mandates, energy transition targets, and a permitting framework that still tends to treat renewable energy projects as ordinary administrative matters rather than instruments for reducing ecological risks. The research employs a normative legal methodology with legislative, conceptual, and energy policy data analysis approaches. The findings indicate that environmental law has not yet been sufficiently established as an enabling regulatory framework to accelerate renewable energy in a fair manner. Major obstacles stem from the dominance of fossil fuels in the energy mix, regulatory fragmentation, uncertainty regarding incentives, limited local institutional capacity, and weak mechanisms for meaningful participation. This article emphasizes that accelerating renewable energy requires risk-based permitting reforms, harmonization of climate and energy policies, strengthening of ecological justice, and the design of local benefits so that the energy transition is not only low-emission but also legally and socially legitimate.
Juridical Analysis of Sustainable Food Agricultural Land Protection Policy in Controlling Land Conversion and Its Impact on the Agribusiness Sector Enda Maharani; Frans Tory Damara Pradipta; Zitra Akhmad Syahrullah Fadly; Mari Lalang
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
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  Agricultural land conversion has become a legal and economic challenge that affects food security and the sustainability of the agribusiness sector. This study aimed to analyze the juridical aspects of Sustainable Food Agricultural Land Protection (LP2B) policy in controlling land conversion and examining its impacts on agribusiness sustainability. This research used a normative juridical method with statutory and conceptual approaches. The study analyzed legal regulations, legal principles, and relevant academic literature related to agricultural land protection. The findings showed that LP2B policy had provided a legal framework through land designation, conversion control mechanisms, incentives, and institutional arrangements. However, the effectiveness of LP2B implementation was still influenced by regulatory synchronization, institutional capacity, and supervision mechanisms. The study also found that agricultural land protection had a significant relationship with agribusiness sustainability because land availability determined production continuity, farmers’ economic stability, and agricultural development. This research emphasized that LP2B should be implemented as an integrated legal instrument connecting agrarian protection, spatial governance, and agricultural economic sustainability.      
Islamic Politics As An Ethical And Moral System In Modern Government Abid Nurhuda; Ahmad Hadi Pranoto; Ali Anhar Syi’bul Huda; Inamul Hasan Ansori
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
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Islamic politics since its conception has by no means been perceived as a power game, yet as a moral tool of achievement of social good (maslahah 'ammah). Islamic politics turned into an ethical system, which links transcendental values and social agreement throughout history. This paper will attempt to unveil the ethical and moral aspects of the Islamic politics through the historical background of the religion, its normative basis, and importance to present day governance, which suffers a crisis of integrity and ethical direction. Classical thinking (Al-Farabi, Al-Mawardi, and Ibn Khaldun) and the practices of the Islamic state, since the Medina Charter to the modern dynamics of Muslim-majority countries, are reread critically-analytically. The discussion indicates that Islamic politics is not just a value system but includes theological ideals but constitutes an ethical system of governance founded on justice, trust, responsibility to the people and shura. In the contemporary world, the values have been used in the fight against corruption, maintenance of good governance and enhancement of moral authority of the state in the backdrop of findings of secularization and crisis of the confidence of the citizens. Islamic politics, thus is not opposite of modern democracy but a morally based foundation of state government which is integrally oriented on human welfare, both on spiritual, social, and political fronts.
Beyond Capital Relocation: Comparative Constitutional Study from Kazakhstan for the Future of Indonesia’s Nusantara Alendra Nauval Mufti Rayhan
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
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The relocation of Indonesia’s capital city to Nusantara (IKN) represents the culmination of a long-standing discourse on capital relocation dating back to the era of President Sukarno. Although intended to address Jakarta’s structural challenges and promote equitable national development, the implementation of IKN continues to face various constitutional and governance issues, including legal uncertainty, limited public participation, questions regarding the legitimacy of the Nusantara Capital Authority, agrarian conflicts, and the absence of local democratic representation. This study aims to analyze the constitutional problems surrounding the relocation of Indonesia’s capital city and to compare them with the successful relocation of Kazakhstan’s capital from Almaty to Astana. The research employs a normative juridical method using statutory and comparative approaches. The findings reveal that Kazakhstan’s success was supported by strong legal certainty, policy consistency, sustainable development planning, protection of citizens’ rights, and the preservation of representative local institutions within the capital’s governance structure. In contrast, Indonesia continues to encounter normative and institutional obstacles that may hinder the effectiveness of the relocation process. This study concludes that strengthening legal certainty, ensuring meaningful public participation, protecting community rights, and enhancing democratic representation are essential mechanisms for achieving an effective, efficient, and sustainable capital relocation.

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