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Journal : PATTIMURA Legal Journal

Penegakan Hukum Di Wilayah Laut Pada Wilayah Perbatasan Negara Bormasa, Adolof; Pasalbessy, John Dirk; Ubwarin, Erwin
PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (872.969 KB) | DOI: 10.47268/pela.v1i1.5902

Abstract

Introduction: In the regulation of law enforcement, especially law enforcement in the sea area at the state border, almost all laws and regulations have accommodated the authority of each institution in carrying out law enforcement in the state border area, therefore it must be carried out properly so that it can realize security in the state border area. Purposes of the Research: To analyze regulations related to law enforcement in the sea area in the border area of ​​the State Methods of the Research: The type of research used in this paper is in the form of normative juridical legal research, namely legal research regarding the regulation of authority and the implementation of the authority given by positive legal provisions factually in each particular legal event that occurs in the border area of ​​the State, the research approach used is statutory approach, the sources of legal materials used are secondary and tertiary sources of legal materials and the collection of legal materials in this study is normative juridical. Results Originality of the Research: The results of the study show that regulations related to law enforcement in the border areas of special states of the sea have overlapping arrangements. The government and local governments in the border areas in carrying out law enforcement in the state border areas in the sea area have not been maximal in law enforcement, partly because of the limited law enforcement infrastructure in the state border area with the area of ​​the state border which is not directly proportional to the number of law enforcement personnel who is in the field. Law enforcement in national border areas as regulated in laws and regulations is not effective because there is no integrated synchronization and coordination in carrying out law enforcement in the country's border areas
Kebijakan Penegakan Hukum Terhadap Kepemilikan Senjata Api Ilegal Sandera, Denny; Pasalbessy, John Dirk; Salmon, Hendrik
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (766.475 KB) | DOI: 10.47268/pela.v1i2.6335

Abstract

Introduction: Distribution and use of a firearms illegally in Maluku during social conflict in the last few years is often cause many problems. Because after the conflict, a fight between village often use a firearm. Since the conflict in 1999, the use of firearms both organic and local homemade, widely circulated in the community. Purposes of the Research: Examine the legislation approach on law enforcement againts illegal possesion of firearms in the Maluku Regional Police juridiction and the constraints that faced. Methods of the Research: This research is juridical normative, using various primary and secondary legal materials. Data analysis is descriptive qualitative. Results Originality of the Research: Lew enforcement againts firearms possesion and abuse crime done by oleh Maluku Regional Police in the form of preemptive, preventive and repressive acts. In the law enforcement, Maluku Regional Police not always done enforcement, but also applying discression by freeing from legal sanction for the owner of the firearms that willing voluntarily to gave the firearms that they have. The constraints faced in the law enforcement was internal (lack of personnel, equipment and facilities, lack of officers knowledge supervision) and external (regulation are no longer appropriate, wide area, weak coordination and society cooperation).
Pertanggungjawaban Hukum Perbuatan Praktek Tukang Gigi Ongkiwijaya, Imelda; Pasalbessy, John Dirk; Hehanussa, Deassy Jacomina Anthoneta
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i3.10677

Abstract

Introduction: The practice of dental artisans which is now increasingly mushrooming in the community seems to have caused serious problems, namely victims of practices that are not in accordance with procedures. Several cases indicate that it turns out that the practice of dental artisans has become one of the people's choices given the low cost and practicality in providing services, even though medically the consequences are often not considered, and if a victim arises, the legal issue is whether dental artisans can be held legally responsible, if so, what form? liability under civil law and criminal law, even according to health law itself. Purposes of the Research: The purpose of this article is to examine and anylize forms of legal protection for the victim in the practice of dental artisan. Methods of the Research: Answering the legal issues of this research, the research method using normative legal research is supported through a statutory approach, a concept approach and a case study approach. The sources of legal materials are primary, secondary and tertiary sources of legal materials collected through literature study and several documents which are then analyzed using qualitative analysis. Results of the Research: The results of the study concluded that judging from the health law and the law on the practice of medicine and dentistry, it is clear that the dentist profession is one of the academic professions that must be pursued through formal academic education in higher education so as to obtain a dental professional degree, while dental artisans also get education although not through formal education. Likewise with their professional practice, both dentists and dental artisans have a clear practice basis, namely the law on medical practice and the Regulation of the Minister of Health, where in these regulations it is emphasized that apart from permits as well as reporting and supervision carried out by the Health Office where dental artisans perform practice. It turns out that not a few dental artisan practices do not get a permit, even in practice there are many cases such as the installation of dental braces, cleaning and installation of teeth that are not up to standard, resulting in victims who, when viewed from the law on the health of the victim, need legal protection. One form of protection is legal liability, both according to civil law and according to criminal law.