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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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Immunity Rights of Members House of Representatives from the Perspective of Equality Before the Law Baharuddin Riqiey; Muhammad Khatami; Ali Mannagalli; Nisa Afifah; Rizky Bangun Wibisono
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.v9i1.59782

Abstract

The right to immunity is one of the rights held by members of the DPR in carrying out their duties, functions and authorities. This right to immunity essentially confirms that members of the DPR cannot be held accountable or sued in court in carrying out their duties, functions and authorities. Because they cannot be held accountable or sued in court, this right is considered by some people as a right that is contrary to equality before the law. Seeing this problem, this study aims to comprehensively examine and analyze the ratio legis regulating the right to immunity for members of the DPR and the suitability of the right to immunity in the perspective of equality before the law. This study is a legal study using a statutory, conceptual and comparative approach. The results of this study indicate that the ratio legis regulating the right to immunity for members of the DPR is to protect the independence and courage of members of the DPR in carrying out legislative duties. However, when the right to immunity is confronted with the principle of equality before the law, then formally the right to immunity conflicts with the principle of equality before the law, but substantively the right to immunity must be seen as a whole, whether the different treatment is carried out in the same conditions and positions or not.
Party Supremacy in Indonesian Democracy: A Critical Analysis of Unlimited Tenure and Recall Power Demas Brian Wicaksono; Sultoni Fikri; I Gde Sandy Satria; Muhammad Mutawalli Mukhlis; Paul Atagamen Aidonojie
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.v9i1.60019

Abstract

This study is grounded in the background of the practice of party-led recall and the dominance of political parties in determining the political direction of the state, both of which give rise to contradictions with the principles of constitutionalism and the rule of law. Within the context of Indonesia’s open-list proportional electoral system, the recall mechanism and the absence of term limits for political party leadership constitute anomalies that undermine the principles of popular sovereignty and political accountability. This condition generates a constitutional paradox: political parties are recognized as the principal actors in the formation of public power pursuant to Article 6A paragraph (2) and Article 22E paragraph (3) of the UUD NRI 1945, yet they are not subjected to the same standards of public accountability imposed upon state institutions. The objective of this research is to analyze how the practice of recall and the authoritarian concentration of power within political parties may give rise to constitutional dysfunction and weaken the principles of democratic representation. This study employs a normative-juridical method and a comparative approach by examining Constitutional Court decisions as well as constitutional practices in several democratic states, including Germany and the Netherlands. The findings of this research demonstrate that political parties in Indonesia function not merely as electoral gatekeepers, but also as parliamentary executioners capable of removing duly elected legislators without public involvement. Such a condition produces the subordination of parliament to party elites and distorts the principle of political accountability, which in a democratic system ought to operate vertically between representatives and their constituents. Furthermore, the absence of mechanisms limiting the power of party leaders, coupled with the lack of obligations concerning internal transparency, reinforces the dominance of political parties as private entities exercising substantial public influence. Accordingly, the Constitutional Court should develop and adopt the public function doctrine in order to construe political parties as quasi-state actors subject to the principles of constitutional accountability and constitutional supremacy.
Finding the Discrepancy: Piracy under International Law and Islamic Law Rafi Nasrulloh Muhammad Romdoni
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.v9i1.61543

Abstract

The article compares the two body of laws, public international law (PIL) vis-à-vis islamic law, in regulating the act of piracy. The importance of this comparison arises as the history shows that the governance of the Oceans had shifted from one era to another: Sumerians, Phoenicians, Hellenic League, Rome and Ottoman Empire. Muslims began its supremacy over some areas of the Ocean in the 8th century and thus contributed to the establishment of several legal norms that applicable in the oceans i.e. sovereignty, use of force (including rule of war) and maritime security, including piracy. The article uses normative legal research by assessing relevant international law instruments such as UNCLOS, SUA Convention, Regional Agreements as well as Resolutions of the United Nations and sources of islamic law encompassing the Quran, hadith and scholars’ interpretation. The result establishes that although both PIL and islamic law regulate the act of piracy, the punishments between the two are quite contrast.
Fragmentation of Authority in Mineral and Mineral Mining Licensing based on a Prismatic Legal Perspective Hezron Sabar Rotua Tinambunan; Febrian Indar Surya Kusuma; Firyal Nurul Badriyah; Lathisa Nazwa Shalsabila Azzahra; Amalina Ahmad Tajudin
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.v9i1.61551

Abstract

The governance of mineral and coal mining licensing in Indonesia shows that there is a tension between decentralization and centralization policies in state administrative law. After the amendment of the Mineral and Coal Law and the enactment of the Regional Government Law, the authority of mining licensing has undergone a significant shift from the local government to the central government. These changes have resulted in fragmentation of authority, disharmonization of regulations, unclear institutional coordination, and problems of legal certainty in national mining governance. This study aims to analyze the fragmentation of authority in mineral and mineral mining licensing based on the perspective of state administrative law and Fred W. Riggs' prismatic legal theory. This research is a normative legal research. The results of the study show that the centralization of mining licensing authority has not completely solved the governance problem, but has instead given birth to a new form of institutional fragmentation and administrative dualism. A prismatic legal perspective shows that Indonesia's mining governance shows the character of a transitional society characterized by the coexistence between modern law and patrimonial bureaucratic culture. This study found that the disharmonization of the distribution of authority leads to legal uncertainty, weak supervision, and decreased regional participation in natural resource management. The novelty of the research lies in the use of prismatic legal theory as a framework for analysis of the fragmentation of mining licensing authority in Indonesia.
Lifting the Ambung: A Restorative Justice Model Based on Customary Law in Conflict Resolution in the Dayak Community of Malang Hamlet in North Barito Regency Firman Firman; Rico Septian Noor; Ronald Sangalang; Yunus Praja Panjika; Fabli Yusof
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.v9i1.62464

Abstract

This study aims to analyze the Ambung as a customary law-based restorative justice model in resolving conflicts in the Dayak Dusun Malang community in North Barito Regency. The study uses an empirical legal method with a socio-legal approach through field observations and interviews, as well as supporting previous research and book references. The results of the study indicate that the Ambung does not only function as a dispute resolution mechanism, but also as a means of reconstructing non-biological social kinship relationships, such as the adoption of a father, and the adoption of a mother. Conflict resolution is carried out through deliberation, customary sanctions (jipen), customary rituals, and customary oaths (hasumpah) involving the damang, mantir, family, and community. This mechanism reflects restorative justice that is restorative-communal in nature because it emphasizes the restoration of social relations, strengthening solidarity, and preventing recurrent conflicts. Thus, the Ambung Lift has developed as a living law that integrates social, cultural, and spiritual values and becomes a participatory, humanistic, and sustainable conflict resolution model based on local wisdom.
Institutional Rehabilitation of Children in Conflict with the Law: A Study at UPT PRSMP Surabaya Kezia Patricia Wahyudi; Maria Novita Apriyani
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.v9i1.63112

Abstract

The purpose of this study is to determine and analyze the implementation of institutional guidance for Children in Conflict with the Law (CCL) at UPT PRSMP Surabaya and to identify the challenges and efforts involved in its implementation. The background of this study is the importance of implementing a juvenile criminal justice system that emphasizes restorative justice and social rehabilitation in accordance with the Juvenile Criminal Justice System (JCJS) Law and the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 26 of 2018. The research method employed in this empirical legal study is a structural approach and an interdisciplinary approach. The data were collected through interviews, observations, literature review, and documentation, and were subsequently analyzed using qualitative and descriptive methods. The research was conducted at UPT PRSMP Surabaya, a social institution under the supervision of the Social Affairs Office of East Java Province that provides care and guidance for CCL. The results of the study indicate that the implementation of guidance for ABH at UPT PRSMP Surabaya is in accordance with the applicable legal provisions; however, its implementation has not yet been fully effective. Several challenges require attention, including limited human resources in the implementation of guidance, and inadequate facilities and infrastructure to support its implementation. The efforts undertaken by UPT PRSMP Surabaya include strengthening the capacity of human resources in implementing guidance for CCL, and optimizing facilities and infrastructure to support the implementation of guidance
Marine Inspector Authority in Ship Safety Inspections: An Administrative Law and Ultra Vires Analysis Dwi Hartanto; Tuti Widyaningrum
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.v9i1.63298

Abstract

The authority of Marine Inspectors in conducting ship safety inspections constitutes a fundamental component of maritime governance and administrative law enforcement in Indonesia. However, overlapping institutional mandates and unclear regulatory boundaries have created legal uncertainty regarding the scope of Marine Inspectors' authority, raising concerns over potential ultra vires actions. This study aims to analyze the legal basis and limits of Marine Inspectors' authority from the perspectives of administrative law and the ultra vires doctrine. The research employs a normative juridical method using statutory, conceptual, and comparative approaches. Primary legal materials consist of Indonesian legislation on shipping and state administrative law, while secondary materials include legal doctrines, scholarly publications, and international maritime instruments. The findings demonstrate that Marine Inspectors primarily exercise administrative authority through preventive supervision, compliance verification, certification, and ship safety inspections. Nevertheless, regulatory inconsistencies and overlapping institutional competencies create ambiguity regarding the exercise of inspection powers, potentially leading to actions beyond legally delegated authority. Such conditions weaken legal certainty, administrative accountability, and effective maritime governance. The study concludes that harmonizing maritime regulations, clarifying institutional authority, and strengthening adherence to the principle of legality are essential to preventing ultra vires practices and ensuring an effective, accountable, and legally certain ship safety inspection system.
Reconceptualizing Good Faith in Digital Contracting: Comparative Perspectives from Indonesia and Japan Natasya Yunita Sugiastuti; Mariko Hattori; Erifendi Churniawan; Kadek Rama Maheswara Putra; Ade Sathya Sanathana Ishwara
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.v9i1.63939

Abstract

The expansion of digital commerce has transformed contractual relationships by replacing conventional negotiation and consent with standardized interfaces, automated transactions, and platform-mediated contracting. These developments challenge the traditional application of good faith, particularly in addressing information asymmetry, opaque contractual terms, automated decision-making, and unequal bargaining power. This study aims to reconceptualize the doctrine of good faith in digital contracting through a comparative legal analysis of Indonesia and Japan and to identify regulatory principles capable of strengthening contractual fairness without undermining legal certainty. The study employs normative legal research using statutory, conceptual, and comparative approaches. It examines contract law, electronic transaction regulation, consumer protection frameworks, and relevant legal doctrines in both jurisdictions through qualitative and systematic legal analysis. The findings reveal that Indonesia and Japan share a normative commitment to good faith but differ in its doctrinal articulation and regulatory implementation in digital transactions. Indonesia retains a relatively fragmented framework in which good faith, electronic transactions, and consumer protection operate across separate regulatory regimes, whereas the Japanese approach provides useful comparative insights into integrating good faith with consumer protection, transparency, and control of unfair contractual terms. The study argues that good faith in digital contracting should extend beyond contractual performance to encompass pre-contractual disclosure, meaningful digital consent, transparency of standard terms, platform accountability, and substantive fairness. It concludes that Indonesia requires a contextual reconstruction of good faith informed by comparative Japanese experience while remaining consistent with the distinctive foundations of Indonesian contract law.
Pre-Emptive Community Policing Policy for Terrorism Prevention Based on Islamic Law Abidillah Effendi; Ade Muhammad Syamkirana Putra; Diya Ul Akmal; M. Irfan Hidayat
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.v9i1.63952

Abstract

Terrorism is a serious threat to the social fabric of society. The police are responsible with protecting the public while also addressing the issue of terrorism; yet, they cannot do so alone. As a result, community policing is critical in helping to eradicate terrorism. The purpose of this study is to investigate community policing tactics for combating terrorism, as well as to discover Islamic legal ideas that can inform policy initiatives in this area. The study uses a qualitative methodology and a normative-juridical procedure, drawing on data acquired thru a literature review. The findings show that Indonesia has put in place a number of rules for the application of community policing. The public interest should be the focus of counterterrorism activities, it must be stressed. Thus, incorporating Islamic law principles provides a possible way to combat terrorism by taking preventative action. It is anticipated that putting hifz al-nafs, hifz al-'aql, hifz al-din into practice will be a tangible step toward eliminating terrorism at its root.
Judicial Reasoning and Sentencing in Village Fund Corruption: Comparing Indonesian Court Decisions No. 8/Pid.Sus-TPK/2021/PN.Kdi and No. 138/Pid.Sus-TPK/2025/PN.Mdn Torang Fadly Panjaitan; Marlina; Sutiarnoto
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.v9i1.64026

Abstract

Village fund corruption presents a complex challenge for criminal law when the unlawful use of public funds arises from substantially different motives. This study examines judicial reasoning and sentencing in two village fund corruption cases involving contrasting circumstances: the use of village funds for personal enrichment and their use to finance urgent medical treatment for a village head’s seriously ill spouse. It aims to determine the extent to which mens rea should influence criminal liability and sentencing in village fund corruption. This normative legal research employs statutory and case approaches by comparatively examining Decision No. 8/Pid.Sus-TPK/2021/PN.Kdi and Decision No. 138/Pid.Sus-TPK/2025/PN.Mdn within the framework of Indonesian anti-corruption law and principles of criminal responsibility. The findings demonstrate that personal enrichment accompanied by unlawful intent justifies criminal liability when the objective and subjective elements of corruption are established. Conversely, unlawful village fund expenditure motivated by an urgent humanitarian circumstance requires a more nuanced assessment of culpability, particularly regarding mens rea, motive, and the degree of blameworthiness. The study concludes that adjudicating village fund corruption should not rely solely on financial irregularities but should integrate legality with substantive justice through a comprehensive assessment of the defendant’s culpability and the circumstances underlying the offense.

Page 18 of 19 | Total Record : 181

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