PALAR | PAKUAN LAW REVIEW

Legal Protection For Residents Of The Setia Mekar Residence 2 Cluster Who Were Displaced Based On Decision No. 999 Pk/Pdt/2023

Sekar Marchayu Setiawan — 2026-07-13

The eviction of the residents of the Setia Mekar Residence 2 Cluster in Bekasi Regency based on Decision Number 999 PK/PDT/2023 has caused legal problems, because the land has now become a settlement inhabited by residents who legally bought houses. This study aims to analyze the basis of the judge's considerations in the decision and examine the legal protection for residents as buyers in good faith. The research uses normative legal methods with three approaches: legislative, case, and conceptual. Data were analyzed qualitatively from primary, secondary, and tertiary legal sources. The results of the study show that the decision is valid and binding as part of a decision with permanent legal force, based on the principle of legal certainty. However, the affected residents are good-faith buyers who buy houses through official procedures. Therefore, legal protection for citizens is focused on recovering losses through the responsibility of developers, both based on treaty law, unlawful acts, and the Consumer Protection Law.

Keywords: Eviction, Buyer in Good Faith, Consumer Protection.

Anomalies in The Registration of Mortgage Rights on Residential Properties: A Legal Analysis of Delays In Title Transfers Within The Home Mortgage Ecosystem

Ruby W H Oktolina Samosir — 2026-07-12

This study examines legal issues in Indonesian property transactions arising from the absence of clear regulatory time limits for title transfer (balik nama) from developers to buyers. This legal gap creates a transitional period in which buyers have fulfilled their financial obligations but have not yet obtained legally registered property rights, resulting in legal uncertainty. The study aims to analyze the juridical implications of delayed title transfer on the validity of mortgage rights and the legal position of the parties involved, particularly in the event of developer bankruptcy. This research employs a normative juridical method using statutory and case approaches, focusing on relevant legislation and the Supreme Court Decision No. 2768 K/Pdt/2011. The findings reveal that delays in title transfer directly affect the registration of mortgage rights, which is constitutive in nature. Failure to comply with procedural requirements, particularly the statutory time limit for registration, may render the Mortgage Certificate legally defective and eliminate the creditor’s preferential rights. Consequently, creditors may be downgraded to concurrent status, while buyers face the risk of losing legal protection over the property, especially in bankruptcy proceedings. The study concludes that the absence of clear regulatory timelines creates systemic legal uncertainty affecting both consumers and financial institutions. Therefore, it is recommended that the government establish strict and enforceable deadlines for title transfer processes, accompanied by administrative sanctions for non-compliance, in order to ensure legal certainty, enhance consumer protection, and strengthen the integrity of the property and banking sectors.

Advantages and Disadvantages of Implementing a Regional Autonomy System on the Independence of a Region

Sivani Ardi Apritania — 2026-07-23

The implementation of the regional autonomy system in Indonesia is a decentralization policy that aims to grant authority to regional governments to regulate and manage government affairs in accordance with the potential and needs of local communities. This policy is expected to improve the effectiveness of government administration, accelerate regional development, and realize regional independence in various aspects, including economic, social, and government administration. This study aims to analyze the advantages and disadvantages of the implementation of the regional autonomy system on the independence of a region by emphasizing the concepts of regional autonomy and regional independence, the benefits of implementing regional autonomy, and the challenges faced in its implementation. The research method used is normative legal research with a statutory and conceptual approach. Research data were obtained through literature studies covering primary legal materials, secondary legal materials, and tertiary legal materials, then analyzed qualitatively to gain a comprehensive understanding of the implementation of regional autonomy in Indonesia. The results of the study indicate that the implementation of the regional autonomy system provides various benefits for increasing regional independence. The authority held by regional governments allows for the formulation of policies that are more responsive to community needs, the development of local potential, improving the quality of public services, and optimizing the management of regional resources and revenues. In addition, regional autonomy encourages government innovation and strengthens community participation in the development process, thereby increasing regional competitiveness. However, the implementation of regional autonomy also faces a number of weaknesses and challenges, including capacity disparities between regions, limited human resources, fiscal dependence on the central government, overlapping regulations, and the potential for abuse of authority that can hinder the optimal realization of regional independence. This study concludes that the success of the regional autonomy system in realizing regional independence is greatly influenced by the quality of governance, institutional capacity, accountable financial management, and synergy between the central and regional governments. Therefore, strengthening regulations, improving the competence of apparatus, effective oversight, and community empowerment are needed so that the benefits of regional autonomy can be felt evenly and sustainably in supporting national development.

Keywords: Autonomy; Decentralization; Independence; Regional.

The Urgency Of Changing Law Number 31 Of 1997 Concerning Military Courts

Sapto Handoyo Djarkasih Putro — 2026-07-28

The discourse on revising Law Number 31 of 1997 concerning Military Justice is gaining momentum. Various opinions have emerged, presenting compelling reasons for the law's amendment. The Law on Military Justice was enacted during the New Order regime, which was rife with the political interests of the ruling elite. Furthermore, the substance of the law is no longer in line with legal developments in society, particularly regarding the authority of military courts, which are considered too absolute. The revision of this law must emphasize the implementation of military justice based on internal military violations. Crimes classified as general crimes, including war crimes, corruption, and human rights violations, must be tried in general courts.

Keywords: urgency, change, military justice, Indonesian National Armed Forces.

Implementation Of Drug Rehabilitation For Narcotics Addict Inmates In The Correctional System (Case Study At Tebing Tinggi Class IIb Prison)

Asina Nova Maria — 2026-07-29

Narcotics abuse is a serious problem that affects individual health and disrupts public order and social stability. Although narcotics have benefits in health services, scientific development, and research, their abuse causes dependence and therefore requires treatment through medical rehabilitation and social rehabilitation. Law Number 35 of 2009 concerning Narcotics stipulates that addicts and victims of narcotics abuse are required to undergo rehabilitation. In the correctional context, rehabilitation is an important part of the guidance process for inmates involved in narcotics cases so that they can recover and reintegrate into society. This study aims to analyze the implementation of rehabilitation for narcotics-abusing inmates at Class IIB Tebing Tinggi Correctional Institution, identify the obstacles encountered in its implementation, and formulate efforts to optimize its implementation. This research uses an empirical legal research method with a descriptive qualitative approach through literature study and field research. The results show that rehabilitation is carried out through cooperation between the correctional institution and the National Narcotics Agency in the form of anti-narcotics counseling, skills training, medical rehabilitation, social rehabilitation, and increased supervision. However, the implementation of rehabilitation still faces various obstacles, such as limited medical personnel, inadequate facilities, and overcrowded prison conditions. Therefore, coordination between institutions, improved human resource capacity, rehabilitation infrastructure development, and sustainable policy support are needed to optimize the recovery of inmates who abuse narcotics.

Keywords: narcotics rehabilitation, inmates, correctional institution, narcotics abuse, correctional system.

The Limits of Police Investigators Discretion in Determining Suspects A Due Process of Law Perspective in the New Criminal Code

Muhammad Nizam Taftazani — 2026-07-30

The determination of suspects as part of a forced effort in Law Number 20 of 2025 demands stricter restrictions on the scope of investigators' assessments, especially after the expansion of the type of evidence and the absence of judicial control before the determination is made. This study aims to analyze the limits of police investigators' discretion in determining suspects, the implications of expanding evidence, and the adequacy of pretrial as a protection mechanism based on the principle of due process of law. The research uses normative legal methods that are descriptive-analytical and prescriptive, with legislative and conceptual approaches. Legal materials are collected through literature studies and document studies, then analyzed qualitatively. The results of the study show that the requirement of a minimum of two pieces of evidence is not enough to be assessed based on the number, but must include the validity of the acquisition, authenticity, reliability, relevance, suitability between evidence, and the relationship of evidence with the crime and the person determined. The discretion of the investigator is not a free authority, but is limited by legality, purpose of investigation, procedure, presumption of innocence, proportionality, reasonable, and effective supervision. Pretrial remains important as judicial control after the determination of the suspect, but the examination needs to include the validity and relevance of the evidence without entering into a misdemeanor.

Keywords: Investigator Discretion, Suspect Determination, Due Process of Law, Pretrial.

Law Enforcement Against Violations Of Privacy Rights Resulting From The Use Of Personal Data Without Consent In Electronic Media To Create Legal Awareness In Society

Yenny Febrianty — 2026-08-04

The development of information technology has increased the intensity of the use of personal data in various activities through electronic media, but on the other hand, it has also given rise to various violations of privacy rights due to the use of personal data without the owner's consent. Although Indonesia has Law Number 27 of 2022 concerning Personal Data Protection and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, the effectiveness of law enforcement still faces various challenges. This study aims to analyze law enforcement against violations of privacy rights due to the use of personal data without consent in electronic media, based on Indonesian positive law, and to formulate an ideal concept of law enforcement to realize public legal awareness. This study uses an empirical juridical legal research method with a statutory approach, a conceptual approach, and an empirical approach. Data were obtained through literature studies and interviews with academics and law enforcement practitioners, then analyzed qualitatively using Lawrence M. Friedman's legal system theory, Soerjono Soekanto's theory of legal effectiveness and legal awareness, and Hans Kelsen's theory of legal norms. The results of the study indicate that law enforcement against violations of privacy rights has an adequate normative basis, but its implementation is not optimal due to the lack of harmonization of regulations, the limited capacity of law enforcement officers, the complexity of electronic evidence, and low public legal awareness. This study offers an ideal concept of law enforcement through strengthening legal substance, legal structure, and legal culture in an integrated manner as a law enforcement model that is not only oriented towards enforcement, but also on building public legal awareness in protecting personal data in the digital era.

Keywords: Law Enforcement, Privacy Rights, Personal Data, Personal Data Protection, Legal Awareness.

The Role Of The Special Child Development Institution (Lpka) In Providing Guidance To Children Who Are In Conflict With The Law As An Effort To Prevent The Repetition Of Criminal Acts (Study At Lpka Class I Medan)

Albert Septiman Berkat Halawa — 2026-08-04

The Child Special Development Institution (LPKA) has an important role in providing guidance for children in conflict with the law as an effort to prevent the repetition of criminal acts (recidivism). This study aims to analyze the role of the Child Special Development Institution (LPKA) in conducting guidance for children in conflict with the law and to identify the obstacles faced in the implementation of such guidance at LPKA Class I Medan. This research uses an empirical juridical approach with a qualitative method. Data were obtained through interviews, observations, and literature studies related to the implementation of guidance programs for children at LPKA Class I Medan. The results of this study show that LPKA plays a significant role in the development of children through various programs such as personality development, education, vocational skills training, religious guidance, and social reintegration programs. These programs aim to improve the behavior and mentality of children so that they are able to reintegrate into society and avoid repeating criminal acts. However, in its implementation there are several obstacles, including limited facilities and infrastructure, a shortage of professional human resources, and the diverse backgrounds of the children. Therefore, improvements in facilities, infrastructure, and institutional capacity are necessary to optimize the guidance process.

Keywords: hild Special Development Institution (LPKA), children in conflict with the law, guidance, recidivism prevention, criminal acts.

Commendable Attitudes And Deeds As A Condition For Commutation Of The Death Penalty Perspective Q.S. Al-Maidah (5): 33-34

Suci Hidayati Malau — 2026-08-10

Article 100 of Law Number 1 of 2023 concerning the Criminal Code makes "commendable attitudes and deeds" a condition for commutation of the death penalty. However, these provisions do not provide clear parameters so that they have the potential to cause legal uncertainty and subjectivity in their assessment. This study aims to analyze the criteria of "commendable attitudes and deeds" as a requirement for the commutation of the death penalty in Indonesian criminal law and examine it based on the perspective of Q.S. Al-Maidah (5): 33–34. This research is a normative legal research with legislative, conceptual, and comparative approaches. Data were obtained through literature studies and analyzed qualitatively using interpretive and comparative methods. The results of the study show that Article 100 of the Criminal Code has not provided normative indicators regarding "commendable attitudes and deeds", thus opening up a wide range of interpretations. Meanwhile, Q.S. Al-Maidah (5): 33–34 through the concept of repentance provides more concrete parameters, namely real behavior change, cessation of criminal acts, confession of guilt, self-improvement, and fulfillment of the rights of victims. The concept of repentance in Q.S. Al-Maidah (5): 33–34 can be a normative perspective in formulating the parameters of "commendable attitudes and deeds" as a condition for the commutation of the death penalty.

Keywords: Death Penalty Commutation; Commendable Attitudes and Deeds; Q.S. al-Maidah (5): 33-34.

Skck's Position In The Former Nomination Process Corruption Convicts As Legislative Candidates Based On Perspective On Election Law

Wahyu Bassevi Putra Bassevi Putra — 2026-08-10

This study analyzes the issuance of Police Clearance Certificates (SKCK) for former corruption convicts running as legislative candidates, explicitly addressing the relationship between the function of SKCK, the guarantee of political rights for former corruption convicts following Constitutional Court Decision No. 87/PUU-XX/2022, and the effectiveness of the candidacy verification process carried out by the General Election Commission (KPU). Using an empirical legal research method with statutory and conceptual approaches, primary data were gathered through interviews with local police departments and the KPU. The findings reveal three key results. First, both normatively and in practice at the Police Resort (Polres) level, SKCK functions purely as an administrative document that objectively records an applicant's criminal history, not as an instrument for assessing political eligibility; consequently, the political rights of former corruption convicts who meet the rights-restoration requirements under Constitutional Court Decision No. 87/PUU-XX/2022 having completed their sentence, passed a specified waiting period, not being a repeat offender, and having openly disclosed their status to the public remain protected and cannot be nullified solely on the basis of the criminal record noted in the SKCK. Second, the KPU's candidacy verification process remains formal-administrative in nature and is not yet supported by adequate data integration among the police, the Directorate General of Corrections (Ditjen PAS), and the KPU itself, leaving the KPU without an independent means of confirming the accuracy of a candidate's disclosed status. Third, this data-integration gap opens the door to double standards in candidacy verification, it risks clearing candidates whose disclosure has not been genuinely verified, while simultaneously permitting subjective judgments that could discriminate against former corruption convicts who have, in fact, met all requirements. The study recommends harmonizing regulations across the Election Law, police regulations on SKCK, and the KPU's technical rules, alongside strengthening inter-agency data integration, so that candidacy verification can proceed consistently, transparently, and without discrimination, without compromising the protection of citizens' political rights.

Keywords: SKCK, former convict, political rights, elections, legislative candidate, administrative discrimination.

Criminology Study of Crime Causes of Crime Study of Domestic Violence (Kdrt)

Sagita Br Sinambela — 2026-08-12

Domestic violence (KDRT) is a form of criminal act that still often occurs in society and causes physical, psychological, social, and economic impacts on victims. In some cases, wives who commit criminal acts against their husbands have previously been victims of physical, psychological, neglect, and emotional violence that lasts continuously. This phenomenon shows the concept of "crime that causes crime", which is a criminal act that arises as a result of violence or ill-treatment experienced previously. This study aims to analyze the factors that cause wives to commit domestic violence, the concept of crime that causes crime from a criminological perspective, criminal liability for the wife of domestic violence perpetrators according to positive law, and a review of Islamic criminal law on these acts. The research methods used are normative legal research with a normative juridical approach, a conceptual approach, and an Islamic criminal law approach. Data sources are obtained through literature studies consisting of primary, secondary, and tertiary legal materials. The data was analyzed qualitatively using an analytical descriptive method to describe problems based on laws and regulations, criminological theory, and Islamic criminal law. The results of the study showed that domestic violence committed by wives was influenced by various factors, such as economic factors, psychological pressure, family environment, jealousy, infidelity, and patriarchal culture in the household. From a criminological perspective, the act is related to the concept of crime that causes the crime because it appears as a reaction to the violence experienced before. Positive law in Indonesia still views acts of violence as a criminal act, but psychological factors and the condition of the perpetrator can be considered by judges in mitigating the sentence. Meanwhile, Islamic criminal law views that criminal liability is not only based on outward acts, but also considers motives, psychological conditions, self-defense, and forced circumstances experienced by the perpetrator. Therefore, law enforcement against the wives of domestic violence perpetrators needs to be carried out fairly, humanely, and considering the factors that cause the crime to occur.

Keywords: Criminology, Domestic Violence, Crime Causing Crime, Criminal Liability, Islamic Criminal Law.

Confiscation Of Assets Resulting From Money Laundering From Narcotics Crimes From The Perspective Of Fiqh Jinayah: A Study Of The Verdict Number 117/Pid.Sus/2024/Pn LSm

Astrid Indah Tri Ariany — 2026-08-14

The crime of money laundering originating from the proceeds of narcotics crimes is a form of further crime (follow-up crime) which aims to disguise the origin of assets obtained illegally. One of the important instruments in eradicating criminal acts is asset confiscation which aims to eliminate the economic benefits of crime proceeds and support the effectiveness of law enforcement. This research aims to analyze the application of asset confiscation in money laundering crimes originating from narcotics crimes based on Decision Number 117/Pid.Sus/2024/PN Lsm and review it from the perspective of jinayah fiqh. This research is normative legal research with a statutory and regulatory approach and a case approach. Research data was obtained through a literature review of primary, secondary and tertiary legal materials which were analyzed qualitatively. The research results show that the confiscation of assets in this decision has been carried out based on the provisions of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering as an effort to return assets originating from criminal acts and break the chain of narcotics crimes. From the perspective of jinayah fiqh, confiscation of assets resulting from criminal acts can be categorized as a form of ta'zir sanction stipulated by Ulil Amri in order to create benefits and prevent damage (mafsadah) in society. Therefore, confiscation of assets resulting from money laundering crimes originating from narcotics crimes has relevance to the principles of maqashid al-syari'ah, especially in safeguarding assets (hifz al-mal) and realizing social transformation.

Keywords: asset forfeiture, money laundering, narcotics, criminal offenses, Islamic criminal law.

The Effectiveness of Mediation Based on Supreme Court Regulation Number 1 of 2016 in Divorce Cases at the Sintang Religious Court in 2019–2021

Wiranti — 2026-08-19

One of the objectives of this research is to understand how the tradition of band entertainment is carried out in the Pekawai Village, Sayan Sub-district, Melawi Regency, and how Islamic legal views on this tradition apply to the Walimatul Urs in Pekawai Village, Sayan Sub-district, Melawi Regency.This research uses a qualitative research method, specifically field research, and is descriptive in nature. In other words, this research explains, describes, and analyzes data obtained from the field. Data collection techniques used in this thesis include observation, interviews, and documentation, and the analysis is qualitative with a deductive thinking approach. The results of the research in Pekawai Village, Sayan Sub-district, Melawi Regency yield the following conclusions: 1) The Band Entertainment tradition is a practice that occurs after customary calculations and family approval. To provide entertainment, bands use single-organ musical instruments and perform with female vocalists until late at night. Currently, band entertainment is often misused for excessive alcohol consumption and gambling, leading to disturbances. Behind all this, there are communities that engage in entertainment within certain legal limits. 2) From an Islamic legal perspective, the Quran, Hadith, 'Urf (customs), and the Band Entertainment tradition in Walimatul Urs are considered. If conducted in accordance with Islamic law, it is permissible (mubah), but it becomes prohibited (haram) if excessive band performances and late-night entertainment with female vocalists are involved. Entertainment of this nature, which includes drinking parties, seclusion, and mingling while dancing provocatively, leads to disturbances. Therefore, Islam prohibits such types of entertainment and considers them 'Urf that is Fasid (corrupt).

Keywords: Keywords: Islamic Law, Band Entertainment, Walimatul Urs, Pekawai Village.

Consistency Of Judges' Decisions Regarding Trademark Disparity Disputes In Adhering To The Principle Of First To File In Indonesia

Bintang Nugraha Putra — 2026-08-18

This study aims to analyze the consistency of the judge's decision in the trademark disparity dispute by referring to the first to file principle. Judges' decisions often leave the applicable "First to File" provisions and take into account the well-known factors and subjectivity of the Judges, so that in some decisions they often clash. This research method is designed with an analytical descriptive approach with a doctrinal approach. The theory used is trademark law, where in decision-making there must be a basis for constitutive principles, based on justice, brand benefits, and legal certainty. The results of this study show that Judges must have a similar perspective regarding equality in the main part of the Trademark Law. Then, the Judge must uphold legal certainty and brand protection in decision-making. This is related to the ability to check the application of the law. In addition, as a support for the Judge, it is necessary to provide the availability of data and facts so that the verdict does not harm the first registrant. The judge can also give a different decision in the cancellation of the trademark, if there is bad faith, former employees, and related to a well-known brand.

Keywords : Trademark Disputes; First to File Principle; Judges' Decisions; Legal Certainty; Trademark Protection.

Protection of Intellectual Property Rights on the Practice of Clipper Social Media Content Perspective of MUI Fatwa Number 1 of 2003 concerning Copyright

Lia Adetia Harahap — 2026-08-22

Abstract

The development of digital platforms in Indonesia has undergone significant changes, marked by the abundance of content on social media. However, despite this, some parties have taken advantage of the situation by reposting, reuploading, or clipping social media content. Such actions result in the loss of moral rights as creators over their works and cause economic losses due to the loss of viewers and monetization opportunities. This study aims to analyze the protection of intellectual property rights regarding the practice of clipping social media content from the perspective of the Indonesian Ulema Council’s Fatwa No. 1 of 2003 on Copyright. It employs a normative-qualitative research method with a legal and conceptual approach. The study identifies issues related to intellectual property protection on social media and associated trends. In conclusion, the protection of intellectual property rights on social media, particularly in Indonesia, requires a contextual approach and a balance between the protection of moral rights for content creators, platforms, and the public. There is a need to strengthen intellectual property literature grounded in Islamic values and to update fatwas to be responsive to digital dynamics.

Keywords: Intellectual Property Rights, Clipping, Social Media, Copyright.