PALAR (Pakuan Law review)

Legal Analysis of Oral Indefinite-Term Employment Agreements (PKWTT) from the Perspective of Law No. 11 of 2020 on Job Creation

2026-02-28T11:29:38+00:00

This study aims to analyze the legal aspects of oral indefinite-term employment agreements (PKWTT) within the framework of Law Number 11 of 2020 on Job Creation. The main issues examined include the legal validity of oral employment agreements, the differences in characteristics between fixed-term employment agreements (PKWT) and indefinite-term employment agreements (PKWTT), as well as the legal consequences arising from termination of employment (PHK), particularly unilateral termination by employers. This research employs a normative legal method using statutory and conceptual approaches, based on primary, secondary, and tertiary legal materials. The results show that oral employment agreements are legally valid within the context of PKWTT, as long as they fulfill the essential elements of a valid agreement and comply with applicable laws and regulations. However, to ensure legal certainty, employers are required to issue an appointment letter as formal evidence of the employment relationship. Furthermore, if a fixed-term employment agreement (PKWT) is not made in written form, it is legally converted into an indefinite-term employment agreement (PKWTT). In cases of termination of employment, workers under PKWTT status are entitled to severity pay, long-service awards, and compensation in accordance with prevailing regulations. Violations of these obligations may result in administrative and criminal sanctions as specified in the implementing regulations of the Job Creation Law. In conclusion, oral employment agreements in PKWTT are legally recognized; However, they require stronger administrative compliance and legal protection to safeguard workers' rights and ensure legal certainty in industrial relations.

Keywords : Employment Agreement, PKWTT, Oral Agreement, Job Creation Law, Legal Certainty.

Reconstruction of the Principle of Legality in Law Number 1 of 2023: An Analysis of the Extension of Living Law in Society and Its Implications for Legal Certainty

2026-02-26T11:24:12+00:00

This study examines the effect of the application of living law on legal certainty in Indonesia's criminal justice system after the enactment of Law Number 1 of 2023. The analysis is based on 412 court decisions from 2022 to 2025, comparing conditions before and after the reform . The findings show a significant increase in the intensity of living law application, reflected in higher references to local norms, stronger sociological reasoning, and greater influence on judicial decisions. At the same time, legal certainty declined, as indicated by reduced decision consistency, increased judging disparity, and higher rates of legal appeals . Regression results confirm that all indicators of living law application have a negative and significant effect on legal certainty. The strongest effect comes from the influence of living law on judicial decisions, followed by sociological reasoning and references to local norms . This study provides an empirical contribution to the literature on legal pluralism and criminal law reform by demonstrating how the expansion of non-written norms affects judicial consistency. The findings highlight the need for clear interpretative guidelines to ensure balance between flexibility and legal certainty.

Keywords : Living law, legal certainty, criminal justice, sentencing disparity.

The Formulation of Morality Crimes in Law No. 1 of 2023: A Criminal Law Study of the Risk of Overcriminalization and Legal Certainty

2026-02-28T10:51:37+00:00

Law No. 1 of 2023 on the Criminal Code brings fundamental reforms to Indonesia's criminal justice system, including the reclassification of moral crimes. The formulation of offenses such as adultery and cohabitation has sparked debate regarding the rational limits of criminalization in a state governed by the rule of law. This study aims to analyze the normative formulation of moral crimes in Law No. 1 of 2023, examine the potential for overcriminalization, and assess its implications for the principle of legal certainty. This study uses a qualitative descriptive method with a normative juridical approach through the analysis of legislation and a conceptual approach. The primary legal material is Law No. 1 of 2023, while the secondary legal material includes current literature and scientific articles. The results of the study show that the expansion of the scope of moral offenses has the potential to expand state intervention in the private sphere, even though it is formulated as a complaint offense. Several provisions still leave room for multiple interpretations that can affect the consistency of the application of the principles of legality and legal certainty. This study emphasizes the importance of limiting criminalization based on the principles of proportionality and ultimum remedy so that criminal law reform remains in line with the values of legal certainty and the protection of citizens' rights.

Keywords : Moral crimes, Overcriminalization, Legal certainty, Principle of legality, 2023 Criminal Code.

Gender-Based Justice in Matrimonial Property Law: A Comparative Study of Post Divorce Protection for Women in Indonesia and Thailand

2026-03-07T07:45:02+00:00

The division of marital property after divorce has become a crucial issue that often disadvantages women due to structural inequalities and patriarchal cultural influences. This study aims to analyze the legal regulation of marital property division in Indonesia and Thailand from a gender-based justice perspective, as well as to evaluate the effectiveness of legal protection for women’s economic rights after divorce. This research employs a normative juridical method with a comparative approach to examine the regulations of both countries. The primary legal materials include Law No. 1 of 1974 on Marriage, the Compilation of Islamic Law, the Civil and Commercial Code of Thailand, and the Gender Equality Act of Thailand. The findings indicate that Indonesia adopts the principle of joint marital property (gono-gini) with an equal distribution system (50:50), as stipulated in Article 37 of the Marriage Law and Article 97 of the Compilation of Islamic Law. While this system provides legal certainty, it tends to be rigid and insufficiently accommodates women’s non-economic contributions within the household. In contrast, Thailand applies the concept of sin somros (marital property) with an equitable distribution system that is more flexible, taking into account the actual contributions of each party, including women’s domestic roles. From a gender justice perspective, Indonesia’s equal distribution system appears formally fair but fails to reflect substantive justice, whereas Thailand’s system is more responsive, although it relies on judicial discretion. The effectiveness of legal protection in Indonesia is hindered by patriarchal culture, limited access to justice, and inconsistent court decisions, while Thailand demonstrates a more progressive legal framework. This study recommends the reconstruction of Indonesia’s joint property system by maintaining equal distribution as the default rule while allowing greater judicial flexibility to consider substantive contributions and the post-divorce economic conditions of women.

Keywords: Gender Justice, Marital Property, Divorce, Legal Protection

The Influence of Criminal Norms in the New Criminal Code on Variations in Judges' Decisions

2026-02-24T12:30:55+00:00

Sentencing disparity remains a persistent issue in criminal justice systems because judicial decisions in similar cases often produce significantly different outcomes. Indonesia's criminal law reform through Law No. 1 of 2023 introduced more structured sentencing norms intended to improve consistency in judicial decisions. This study examines the influence of these norms on variations in judicial sentencing. The research uses a quantitative explanatory design with a comparative approach between periods before and after the enactment of the new Criminal Code. The dataset consists of legally binding court decisions on selected criminal offenses. Samples were selected using stratified random sampling based on case type and court jurisdiction. Data analysis employed descriptive statistics, independent t-tests, and multiple linear regression to evaluate the effect of normative reform on sentence length variation. The findings indicate a significant decrease in average sentence length after the implementation of the new sentencing norms. The standard deviation of sentences also declined, suggests reduced sentencing variation. Regression results show that the reform variable has a negative and statistically significant effect on sentence length, although its explanatory contribution remains limited. This study contributes to the literature by providing empirical evidence on how legislative reform influences voting practices in a developing legal system. Methodologically, it offers a comparative quantitative approach using court decision data to evaluate the impact of criminal law reform.

Keywords : Penal norms, New Criminal Code, Variations in sentencing, Criminal disparities, Criminal law reform.

Juridical Analysis of the Renewal of the Principle of Legality in Law Number 1 of 2023

2026-02-24T12:12:36+00:00

This study aims to analyze the level of legal understanding of law enforcement officers regarding the renewal of the principle of legality in Law Number 1 of 2023 and its influence on the perception of legal certainty. The research problem lies in the unequal understanding of officers regarding the change in the concept of the principle of legality from a formal approach to a material approach. The study used a quantitative method with a descriptive analytical design. Data were collected through a Likert-scale questionnaire distributed to 120 respondents consisting of judges, prosecutors, and police investigators using a purposive sampling technique. Data analysis was conducted using descriptive statistics, ANOVA tests, and simple regression with the help of SPSS software. The results showed that the level of legal understanding of law enforcement officers was in the fairly good category with an average score of 3.68. There were significant differences between professions, with judges having the highest level of understanding and investigators having the lowest. The regression results show that legal understanding had a positive and significant effect on the perception of legal certainty. This study provides a scientific contribution by presenting empirical evidence regarding the role of legal understanding in the implementation of the new principle of legality and strengthening the development of empirical-based criminal law studies in legal studies in Indonesia.

Keywords : Principle of Legality, Legal Understanding, Legal Certainty, New Criminal Code, Law Enforcement.

Literature Study of The Implementation and Policy of Military Telemedicine In Support Of Troop Mobilization In Conflict Areas

2026-02-18T04:23:20+00:00

Abstract

The advancement of information technology has revolutionized military healthcare through telemedicine, particularly in supporting troop mobilization in conflict zones. However, the urgency of remote medical services in high-risk areas often conflicts with legality and information security challenges. This study aims to analyze the legal framework and regulatory challenges in implementing telemedicine within military operations. Using a literature review method, this research systematically reviews 25 national and international journal articles. The analysis focuses on legal voids, infrastructure policies, and legal protection of medical data security in cyber transmission. The findings indicate that while military telemedicine effectively enhances operational readiness and specialist access, its implementation is hindered by the lack of specific legal frameworks and vulnerabilities in protecting soldiers' personal data in the field. Therefore, harmonization of defense and health policies, along with the establishment of adaptive regulations, is required to ensure legal certainty and cyber security in military telemedicine administration.

Keywords: Military Telemedicine, Health Regulation, Data Protection, Cyber Law, Conflict Zone.

The Transformation of the National Security Paradigm in Indonesia's Border Regions: From a Militaristic Approach to Human Security

2026-03-01T02:52:24+00:00

This research examines the paradigm shift in Indonesia's national security within border regions, moving from a traditional militaristic focus toward a more holistic human security approach. The analysis was conducted using qualitative methods, policy reviews, and case studies from December 2025 to February 2026. The findings highlight the limitations of conventional military strategies in addressing non-traditional threats, such as illegal trafficking, socio-economic inequality, and community vulnerability. Recent initiatives—most notably the Motaain Border Expo 2025 (a strategic event organized by the National Agency for Border Management (BNPP) through the Motaain Integrated Border Post (PLBN) on December 16–17, 2025, in Belu Regency, East Nusa Tenggara)—along with integrated services at border posts, serve as primary examples of a human-centric security approach that fosters local welfare and cross-border cooperation. This study proposes an integrative model that synergizes securitization with human security, emphasizing both territorial protection and community empowerment. The results suggest that a multidimensional security policy, supported by measurable social and economic indicators, significantly strengthens border stability and resilience. This framework provides a strategic roadmap for policymakers in designing sustainable national security strategies.

Keywords: National Security, Human Security, Border Policy, Indonesia, Securitization, Community Empowerment.

Legal Liability Of Defaulting Winners In Voluntary Auctions

2026-04-29T08:33:14+00:00

Voluntary auctions under Minister of Finance Regulation (PMK) No. 122/PMK.06/2023 demand strong legal certainty and efficient procedures. A highest bidder's failure to pay within five working days constitutes default, triggering swift legal consequences. This normative study uses statutory and conceptual approaches to fill key research gaps unclear consequences for defaulting winners in voluntary auctions and ambiguous status of second-highest bidders. The novelty lies in analyzing norm conflicts between PMK's automatic sanctions (deposit forfeiture, award cancellation) and Civil Code (KUHPerdata) Article 1243 damage claims, providing fresh harmonization insights. Findings show defaulting winners lose auction approval and full Auction Bid Security Deposit (UJPL), split 50% to state revenue and 50% to sellers. PMK allows mitigations like re-auctions or rolling buyers (up to third bidder with consent), but sellers can pursue civil claims for uncovered losses like value drops. Second-highest bidders hold conditional positions they must accept explicitly, meet limit values or gain seller approval, and receive protections including deposit refunds and timely notifications. This prevents automatic substitution while ensuring fairness and efficiency against third-party defaults.

Keywords : Voluntary Auction, Default, Highest Bidder.

Criminal Liability In The Crime Of Corruption In The Construction Of A 4G Base Transceiver Station (Bts)

2026-04-30T04:11:10+00:00

This writing aims to find out the factors that cause corruption, criminal liability in the corruption act of the construction of the 4G Base Transceiver Station (BTS) carried out by the President Director of Bakti in Perkaran Decision Number 3/Pid.Sus-TPK/2024/PT DKI. This writing uses a normative legal writing method with a legislative and case approach. The legal materials used are primary and secondary legal materials and are analyzed using prescriptive-normative analysis. The results of the writing show that: (1) Abuse of Authority influenced by the organizational structure of the Ministry of Communication and Informatics which places Bakti under and responsible to the Minister through the Secretary General. The authority of the President Director of Bakti to be fully accountable to the Minister is very ineffective. (2) The lack of technical supervision is also the cause of corruption in the construction of 4G BTS. Supervision is technically impossible for the Secretary General because the duties and functions of the Secretary General are more about providing administrative support to all organizational elements within the Ministry. (3) Another factor is that political pressure or political intervention in the procurement of projects can create opportunities for acts of corruption. Criminal liability in the crime of corruption in development is in the form of imprisonment for eighteen years and a fine of one billion rupiah and an additional penalty in the form of payment of five billion rupiah in lieu of money, but the verdict or punishment imposed by the judge is still too light, which is feared that it cannot have a deterrent effect on the perpetrator in accordance with the purpose of the crime.

Keywords: Accountability, Corruption, Base Transceiver Station construction

The Role of The Commission for The Acceleration of Police Reform in Integrating Legal Politics with The Reconstruction of The Constitutional and Legislative Systems

2026-05-01T11:02:47+00:00

The institutional reform of the Indonesian National Police (Polri) is a strategic agenda in realizing democratic and just governance. One of the main challenges is the integration of legal politics and the reconstruction of the constitutional system and legislation consistent with national legal principles. This study aims to analyze the role of the Commission for the Acceleration of Indonesian National Police Reform in integrating legal politics with the reconstruction of the constitutional system and legislation, identify supporting and inhibiting factors in the integration process, and evaluate its impact on the effectiveness of Polri institutional reform. The research method used is qualitative with a normative-sociological legal approach, involving legal document analysis, literature studies, semi-structured interviews, and participant observation. The results show that the Commission successfully bridged inter-institutional coordination, regulatory harmonization, and the implementation of institutional practices aligned with the principles of legal politics, thereby increasing the effectiveness of reform. Supporting factors include political support and internal awareness of the Polri, while obstacles arise from overlapping regulations, internal resistance, and limited resources. This study makes a scientific contribution by emphasizing the importance of integration between legal norms and the socio-institutional context for sustainable institutional reform.

Keywords: Commission for the Acceleration of Police Reform; Legal Politics; State Reconstruction.

An Overview of Islamic Law on the Tingkeban Tradition In Javanese society (Case Study in Laman Bukit Village, Belimbing District, Melawi Regency)

2026-05-05T03:13:47+00:00

This research aims to evaluate the Javanese tingkeban tradition from the perspective of Islamic law, with a focus on Laman Bukit Village, Belimbing District, Melawi Regency. This tradition involves giving gifts to pregnant women to celebrate the upcoming birth. The research employs qualitative methods and a case study approach to delve into the understanding and analysis of the tingkeban tradition and to assess its compatibility with Islamic teachings. The research findings indicate that the tingkeban tradition is a rich cultural heritage of the Javanese community that also reflects elements of religion. From the perspective of Islamic law, this tradition can be considered a positive practice as it expresses gratitude, togetherness, and sharing. However, the study also identifies aspects that need careful evaluation, such as its alignment with religious principles, differences in interpretation, and the potential for misuse. In this context, the research provides practical recommendations for the Javanese community to conduct the tingkeban tradition in accordance with Islamic values. These recommendations include enhancing the understanding of religious values related to the tingkeban tradition, integrating Islamic legal principles in its implementation, and emphasizing transparency and fairness in the management and execution of contributions. It is hoped that this research will offer valuable guidance to the Javanese community in preserving their cultural tradition while considering the strong principles of Islam in the process.

Keywords: Islamic Law, Javanese Society, Tingkeban.

The Role of Land Deed Officials (PPAT) in the Inheritance Process of Uncertified Land with Acquisition Value of Tax Object (NPOP) in Indonesia

2026-05-06T05:23:44+00:00

This study examines the role of Land Deed Officials (Pejabat Pembuat Akta Tanah/PPAT) in the inheritance process of uncertified land with respect to the determination of the Acquisition Value of Tax Object (Nilai Perolehan Objek Pajak/NPOP) in Indonesia. Land, as a vital resource, requires legal certainty to prevent disputes and ensure proper administration, particularly in cases of inheritance where land ownership is transferred from the deceased to heirs. However, the existence of uncertified land creates legal and administrative challenges, including difficulties in proving ownership, determining rightful heirs, and establishing the taxable value of the land. This research employs a normative legal method using statutory and conceptual approaches by analyzing relevant laws, regulations, and legal doctrines related to land law, inheritance law, and taxation in Indonesia. The study finds that PPAT plays a crucial role not only in drafting authentic deeds but also in verifying ownership evidence, ensuring the legality of inheritance processes, and assisting in determining the NPOP as the basis for calculating land and building acquisition tax (BPHTB). In cases of uncertified land, the responsibilities of PPAT become more complex due to the need for additional verification and coordination with relevant authorities. The findings indicate that PPAT contributes significantly to ensuring legal certainty, administrative order, and tax compliance in the transfer of land rights through inheritance. Nevertheless, the lack of land certification remains a major obstacle that can potentially lead to legal disputes. Therefore, strengthening land registration systems and increasing public awareness regarding the importance of land certification are essential to enhance legal certainty in land inheritance processes in Indonesia.

Keywords: Land Deed Official (PPAT), inheritance, uncertified land, legal certainty, NPOP, land registration.

Women as Victims of Online Gender-Based Violence in a Victimology Perspective

2026-05-07T07:47:19+00:00

The development of digital technology has given rise to Online Gender-Based Violence (KBGO), especially in the form of the dissemination of non-consensual pornography that has a multi-layered impact on victims. This study aims to analyze the form of victimization experienced by victims and evaluate legal protection in the case of Rebecca Klopper based on Decision Number 616/Pid.Sus/2023/PN JKT. SEL using a feminist victimology perspective. This research is a normative legal research with legislative, conceptual, and case approaches. The results of the study show that victims not only experience primary victimization through the recording and dissemination of intimate content without consent, but also revitalization that is strengthened by social responses in the form of victim blaming, stigmatization, and objectification that reflect patriarchal constructions in interpreting the victim's position. Normatively, victim protection has been regulated in the Sexual Violence Crime Law, the Electronic Information and Transaction Law, and the Witness and Victim Protection Law. However, the implementation has not been fully from the perspective of the victim, as can be seen from the focus of the verdict which is limited to the perpetrators of the dissemination without revealing the perpetrators of the initial recording and the principle of restorative justice has not been accommodated. A comparison with the setting in Singapore shows the importance of a legal approach that is not only repressive, but also oriented towards the comprehensive recovery of victims in responding to the character of digital-based violence.

Keywords: Online Gender-Based Violence (KBGO), Feminist Victimology, Restorative Justice.