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Pamulang Law Review
Published by Universitas Pamulang
ISSN : 26228408     EISSN : 26228416     DOI : 10.32493
Core Subject :
Pamulang Law Review (PalRev) is a peer-reviewed scholarly journal published by the Faculty of Law, Universitas Pamulang. The journal serves as an academic platform for the dissemination of high-quality legal research, theoretical analyses, and critical studies addressing contemporary legal issues within national, comparative, and international contexts. PalRev welcomes contributions from academics, researchers, legal practitioners, policymakers, and scholars seeking to advance legal knowledge and promote interdisciplinary legal discourse. The journal publishes original research articles, conceptual papers, and critical reviews that examine legal developments, regulatory frameworks, judicial practices, and emerging legal challenges in both traditional and modern legal systems. Emphasis is placed on innovative, analytical, and evidence-based scholarship that contributes to the development of legal science and public policy. The scope of the journal includes, but is not limited to, the following fields: Criminal Law; Civil Law; Constitutional Law; Administrative Law; Agrarian and Land Law; Economic and Business Law; Islamic Law; Customary and Indigenous Law; International Law; Labour and Employment Law. PalRev encourages interdisciplinary, comparative, normative, and empirical approaches to legal research and welcomes manuscripts that provide theoretical contributions, practical implications, and policy recommendations relevant to contemporary legal challenges at the national, regional, and global levels.
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Articles 181 Documents
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Aspek Pembuktian Tindak Pidana Skimming ATM Berdasarkan Undang-Undang Nomor 1 Tahun 2024 Tentang Informasi Dan Transaksi Elektronik Laurencia Adeline; Hery Firmansyah
Pamulang Law Review Vol. 8 No. 2 (2025): November : Pamulang Law Review
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

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Abstract

Pembuktian merupakan salah satu aspek penting bagi penentuan apakah seseorang benar-benar nyata terbukti melakukan suatu tindak pidana. Kerancuan mulai timbul sebab alat bukti yang dimiliki dalam kejahatan siber yang tidak berbentuk secara fisik dan tidak dapat dipertanggungjawabkan kredibilitasnya. Skimming ATM yang membuat pelaku mencuri data pribadi nasabah dan menggandakannya menjadi modus baru yang seakan ingin meloloskan diri dari aspek pembuktian di KUHAP. Menggunakan Undang undang Nomor 1 Tahun 2024 tentang Informasi dan Transaksi Elektronik sebagai acuan dasar serta teori pembuktian, penelitian ini mencoba merumuskan batasan terkait bukti yang dapat dihadirkan secara sah di pengadilan. Dengan jenis penelitian normatif, pendekatan perundang-undangan dan konseptual, kesimpulan yang didapat lewat kajian kepustakaan akan disimpulkan dengan cara deduktif.
Corporate Social Responsibility (CSR) Sebagai Strategi Hukum Lingkungan Dalam Upaya Mendukung Pembangunan Berkelanjutan Muhammad Teguh Pangestu
Pamulang Law Review Vol. 8 No. 2 (2025): November : Pamulang Law Review
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

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Abstract

Corporate Social Responsibility (CSR) is present as one of the mechanisms that can bridge economic interests and environmental conservation. CSR is not just a form of corporate generosity to the community, but has developed into a strategic instrument that has legal implications. CSR encourages companies to internalize social and environmental values into their business activities, so that the company's existence is not only profit-oriented, but also contributes to social welfare and environmental sustainability. The methods used in this study are normative juridical, legal research with a doctrinal approach, or normative juridical legal research. Normative law research is basically an activity that will examine aspects to solve problems that exist within the internal of positive law. The implementation of CSR in Indonesia still faces various structural challenges. One of them is weak supervision from the government, lack of transparency in CSR reports, and lack of firm sanctions against companies that do not carry out these obligations. Many companies still carry out CSR in a formality just to meet administrative requirements or improve public image, not as a real commitment to social and environmental sustainability. This is due to the lack of a standard evaluation mechanism and differences in legal interpretations regarding the ideal form and size of social responsibility. In addition, CSR reporting is often out of sync with the principles of transparency and public accountability, making it difficult for the public to assess the extent to which a company's contribution truly provides concrete benefits to the environment and surrounding communities.
Perekonomian Tradisi Kampung Pulo Dengan Candi Cangguang Sebagai Peninggalan Sejarah Di Garut Jawa Barat Reni Suryani Reni; Dauman; Ilhamsyah Lubis; Eliana; Arief Widyanto; Suko
Pamulang Law Review Vol. 8 No. 2 (2025): November : Pamulang Law Review
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

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Abstract

To find out whether there are legal regulations that are in accordance with legal norms and The traditional economy of Kampung Pulo, with Cangkuang Temple as a historical relic in Garut, West Java, illustrates the interaction between cultural heritage and local economic dynamics. Established in the 18th century, Kampung Pulo reflects a rich history, imbued with a blend of Hinduism and Islam, which has shaped the identity of the local community. Cangkuang Temple, as a historical site, serves not only as a spiritual symbol but also as a tourist attraction, contributing to the local economy. In this context, the economy of Kampung Pulo is inextricably linked to the rapidly growing tourism sector. Economic activities such as the sale of traditional food, handicrafts, and the provision of tourism services offer opportunities for the community to preserve traditions while increasing income. Sustainable tourism management in this area is expected to maintain cultural heritage and improve community welfare. However, challenges also arise, such as the threat of modernization that can erode local cultural values. Therefore, efforts to preserve traditions are crucial to ensure that the economy is not only financially profitable but also maintains the cultural identity of Kampung Pulo. This study aims to analyze the relationship between the traditional economy and historical heritage and explore strategies that can be implemented to maintain the economic and cultural sustainability of Kampung Pulo.
Akibat Hukum Wanprestasi Dalam Pelaksanaan Perjanjian Berdasarkan Pasal 29 Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Anak Agung Dewi Utari
Pamulang Law Review Vol. 8 No. 2 (2025): November : Pamulang Law Review
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

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Abstract

The legal consequences of defaulting debtors in standard agreements are the same as agreements in general, where the debtor is required to pay compensation for the losses suffered by the creditor, the creditor can demand termination/cancellation of the engagement through a judge, the risk shifts to the debtor since the default, the debtor is obliged to fulfill the agreement if can still be done or cancellation accompanied by a claim for compensation, the debtor. Efforts to resolve default in the event of credit, namely providing guidance to debtors who have non-performing loans are carried out by the analyst concerned. Reconditioning or reconditioning, namely providing conditions for returning loans that have been given by changing various existing requirements such as interest capitalization which is used as the principal debt, interest rate reductions aimed at easing the burden on the debtor, and interest exemption with the consideration that the debtor will be able to repay the loan. until paid off.
Penerapan Asas Legalitas Dalam Tindak Pidana Pencucian Uang Oleh Korporasi Dalam Pemberantasan Tindak Pidana Korupsi Di Indonesia Ditinjau Dari Undang-Undang Nomor 20 tahun 2001 Tentang Pemberantasan Tindak Pidana Korupsi Dan Undang-Undang Nomor 8 Tahun 2 Ressa Januarti Munggaran
Pamulang Law Review Vol. 8 No. 2 (2025): November : Pamulang Law Review
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

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Abstract

The crime of money laundering as an international crime has a negative impact on a country's economy. This crime of money laundering can be committed not only by individuals, but also by companies. When it comes to the existence of companies as subjects of criminal law that can be subject to criminal responsibility, questions arise regarding when a company is declared a perpetrator of money laundering and what criteria indicate that the company has committed the crime of money laundering. The analysis of the results of this study shows that: (I) Based on the definition of money laundering contained in Black's Law Dictionary, in general the elements of the crime of money laundering include the existence of money (funds) that are the result of illegal activities, illicit money or dirty money that is processed in a certain way through a legal or legitimate institution, with the aim of eliminating traces, so that the source of the money cannot or is difficult to know and trace. A company can be considered to have committed the crime of money laundering if it meets the elements of the crime contained in Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, (II) The form of corporate responsibility is regulated in Articles 3 to 10 of Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. Companies can be subject to legal sanctions with a principal penalty in the form of a fine and may be subject to additional penalties. If the criminal fine cannot be paid, the fine can be replaced by the confiscation of assets owned by the company or the company's controlling personnel, and if the confiscation of assets is still insufficient, then the company that commits the crime of money laundering can be sentenced to imprisonment in lieu of a fine against the company's controlling personnel with a maximum prison sentence of 1 (one) year and 4 (four) months.
Kepastian Hukum Pendaftaran Merek Sebagai Upaya Perlindungan Kepemilikan Hak Atas Merek Susanty Febriyanti
Pamulang Law Review Vol. 8 No. 2 (2025): November : Pamulang Law Review
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

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Abstract

Brands are a crucial part of the world of commerce. Brands help consumers recognize a manufacturer's products. They serve as a means of identifying the origin of the goods or services they produce. For eyeglass manufacturers, brands serve as a guarantee of the value of their products, particularly regarding product quality. Traders use brands to promote their merchandise and expand their market. For consumers, brands are essential in making informed product choices. It's unimaginable that a product without a brand would be unknown to consumers. Registration of a brand determines the legal relationship between a person or legal entity and a brand as a matter of legal protection for the intellectual property rights of that person or legal entity. The legal relationship between a person and a brand is included in the legal relationship of a person's intellectual property rights which must be protected by the state by providing legal protection to protect a person's rights. Public awareness, both individuals and legal entities, to apply for trademark registration used in goods and or services is increasing from year to year. The increase in applications for trademark registration used in goods and or services is related to the rapid development of economic activities and the high level of business competition among business actors. The very rapid progress of information technology and transportation in the era of globalization allows goods or services produced and marketed in one country, within a short period of time, to be marketed in other countries. By using internet media, marketing of goods or services no longer recognizes time and country boundaries.
Free Requisitoir to Achieve Justice, Certainty and Benefit in Criminal Cases Qolbi Ramadhan; Anis Rifai
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.58136

Abstract

In the indonesian justice system, the requisitoir of aquittal is crcial, especially in cases where public prosecutor demands acquittal because evidence does not meet the minimum requirements. This method is closely related to three legal objectives: justice, certaincy and expediency. In this study, normative jurudicial is used. This examines laws and requlations such as the Prosecutor’s office Law, Attorney General’s Gudelines number 3 of 2019 and the Criminal Procedure Code, as well as the concept of dominus litis which is the basis for prosecutors to determine prosecution actions. In addition, this case study analyzes the decisions of the Andoloo District Court No. 104/Pid.Sus/2024/PN Adl and the Denpasar District Court No. 809/Pid.Sus/2024/PN Dps to learn how demands for acquittal are applied in practice. The results of this study show that when used to prevent conciction without sufficient evidence, requisitoir of acquittal can be profesional and objective tool. It also demonstrates the role prosecutors as gatekeepers in running the criminal justice system. Furthermore, demands of acquittal also influence public perceptions of the credibility of the prosecution and the relevance of implementing the principle of legal certanty. For demands for acquittal to truly support substansive justice, legal certanty and benefit society, this study confirms the need strenghening standards, transparency and reforming prosecution polices.
The Effectiveness of Regulations on Lobster Management and an Analysis of Factors Driving the Smuggling of Clear Lobster Seed in Riau Island Province Kukuh Afif Nuraiman; Tantimin; Rufinus Hotmaulana Hutauruk
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.58150

Abstract

The smuggling of lobster seeds (BBL) constitutes a serious legal problem that has occurred extensively in the Riau Islands Province. The ineffectiveness of regulations and the discrepancy between legal provisions and conditions in practice have led to the widespread occurrence of smuggling activities, causing significant losses to the state, particularly in terms of the preservation of marine resources. This study aims to identify and analyze the effectiveness of regulations governing the management of lobster seeds (BBL) and to explore the criminogenic factors that influence individuals or groups to commit such criminal acts, where criminogenic factors refer to conditions that cause or trigger criminal behavior. This research employs an empirical juridical method with a statutory approach and is supported by primary data obtained through interviews with public prosecutors and former perpetrators of lobster seed smuggling (BBL). The results indicate that regulations governing lobster seed management have not been effectively implemented due to frequent policy changes that create legal confusion within the community. Furthermore, legal effectiveness has not been achieved as several factors outlined in Soerjono Soekanto’s theory remain unfulfilled, including inconsistent legal substance, inadequate facilities and infrastructure for legal education, and the low level of legal awareness among fishing communities. The criminogenic factors contributing to this crime are divided into internal factors, such as low levels of education and inherent individual tendencies, and external factors, including social environmental influences and economic pressures. The strategic geographical location of the Riau Islands further exacerbates this situation. These findings reinforce the conclusion that lobster seed smuggling (BBL) results from a complex interaction of legal, social, economic, and cultural factors, which must be addressed comprehensively through a more consistent, participatory, and educational legal approach.
Buying and Selling on Shopee: Goods Not Matching the Order Perspectives from Positive Law and Islamic Law Aryn Atmaranti Handarti; Muhammad Khutub
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.58334

Abstract

The issue of receiving goods that do not match the order is an important problem because it makes consumers feel cheated or aggrieved. This study aims to analyze goods received that do not match the order in online shopping on Shopee based on the perspectives of positive law and Islamic law. The research method applied is empirical juridical. The results of the study are the shopping experiences of informants who received goods that did not match their orders in online shopping on Shopee based on positive law, namely that the seller has committed a breach of contract, namely performing but not in accordance with the agreement and not in accordance with Article 8 Paragraph (1) Letter f of the UUPK. In Islamic law, this contradicts the prohibition of tadlis. From the losses experienced by several informants who requested a return of goods and/or funds, some received a refund, and the goods were also returned, while others did not. This refund of funds is a right fulfilled based on Article 4, Letter h of the UUPK. Meanwhile, from an Islamic law perspective, this reflects the principle of freedom, namely, khiyar.
Child Criminal Acts in the Legal Area of Garut Regency Based on Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System Yuli Susanti
Pamulang Law Review Vol. 9 No. 1 (2026)
Publisher : Prodi Hukum S1 - Fakultas Hukum - Universitas Pamulang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32493/palrev.v9i1.59031

Abstract

This study is motivated by the continuing occurrence of children in conflict with the law in Garut Regency and by the gap between the normative framework of Law Number 11 of 2012 on the Juvenile Criminal Justice System and actual crime control practices. The research addresses two main questions: (1) what factors cause the emergence of juvenile crime in the jurisdiction of Garut Regency; and (2) how juvenile crime is prevented and controlled in this area based on the Juvenile Criminal Justice System Law. The research employs a descriptive-analytical method with a normative juridical approach, relying primarily on secondary legal materials (legislation, doctrine, and literature), supported by primary data obtained through field observation and interviews with relevant informants. The data are analyzed qualitatively, complemented by simple percentage descriptions of quantitative findings. The results show that the causes of juvenile crime are divided into internal factors, namely family conditions and individual psychological pressures, and external factors, consisting of the social environment, low educational attainment, economic difficulties, the influence of the internet/technology, and weaknesses in law enforcement. Crime prevention efforts concerning children in Garut Regency are carried out through both penal and non-penal approaches, formulated in moralistic and abolitionist strategies, as well as preventive and repressive measures grounded in the principles of the Juvenile Criminal Justice System Law, particularly diversion and restorative justice.

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