PAMALI: Pattimura Magister Law Review
PAMALI: Pattimura Magister Law Review will publish the only paper strictly following guidelines and manuscript preparation. All submitted manuscripts are going through a double-blind peer review process. Those papers are read by editorial members (upon field of specialization) and will be screened by Managing Editor to meet necessary criteria of publication in two weeks. Every submitted manuscript which passes this step will be checked by Plagiarism Checker X to identify any plagiarism. Manuscripts will be sent to two reviewers, based on their historical experience in reviewing manuscript or based on their field of specialisation. The time period for review is three weeks. PAMALI: Pattimura Magister Law Review has reviewing forms in order to keep same items reviewed by two reviewers. Then editorial board will make a decision upon the reviewers comments or advice. Reviewers will give their assessment on originality, clarity of presentation, contribution to the field/science. The scope of the articles contained in this journal discusses various topics in the areas of Criminal Law Civil Law Constitutional Law International Law Administrative Law Environmental Law Customary Law and other parts related to contemporary issues in the field of law.
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<![CDATA[Pemetaan Indeks Kerawanan Pemilu 2024 Perspektif Siyasah Dusturiyah ]]>
<![CDATA[Agustin, Elva Astri]]>;
<![CDATA[Rizal, Lutfi Fahrul]]>;
<![CDATA[Saptaji, Aji]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2206
<![CDATA[Introduction: This research is motivated by the general election vulnerability that will occur in Bandung Regency in 2024. The Bandung Regency Election Vulnerability Index has reached 91.5 percent. The IKP measures include monitoring campaign violations, voting rights, income, money politics, ASN neutrality, hoax news.Purposes of the Research: The aim of this research is to analyze the vulnerabilities that occurred during the general election in Bandung Regency, highlighting the importance of comprehensive prevention and supervision efforts. With this mapping, stakeholders can focus more on monitoring, intervention and prevention efforts. The election vulnerability index also functions as a measuring tool to evaluate the effectiveness of the policies and strategies implemented in order to create clean, honest and fair elections.Methods of the Research: The research method used is qualitative with a descriptive type based on the focus of the study used, namely empirical research.Results of the Research: The results of the research show that there are potential vulnerabilities that occur in Bandung Regency. Bawaslu's function in preventing election violations includes identification and mapping of violations, coordination, monitoring and evaluation of election implementation. Bawaslu also coordinates with related government agencies and increases public participation in election supervision.]]>
<![CDATA[Pemberhentian Direksi Perseroan Terbatas Tanpa Melalui Mekanisme Rapat Umum Pemegang Saham Luar Biasa ]]>
<![CDATA[Hajar, Siti]]>;
<![CDATA[Ginting, Budiman]]>;
<![CDATA[Nasution, Bismar]]>;
<![CDATA[Sunarmi, Sunarmi]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2200
<![CDATA[Introduction: The management of the company is the sole responsibility of the board of directors. The law does not provide. The law does not provide for the board of commissioners to give direct and permanent members of the board of directors, but is limited to temporary dismissal. This is the background for the dismissal of the directors of the Company without going through the mechanism of an extraordinary general meeting of shareholders.Purposes of the Research: Is to know the judge's consideration of the appointment and dismissal of judges in decision number 15/pdt.g/2013/PN.Cibinong and to know the legal consequences in the dismissal of directors not in accordance with the mechanism of the extraordinary general meeting of shareholders, to achieve the objectives of this research normative juridical research is used through a statutory approach.Methods of the Research: The research method used is normative juridical with legal, conceptual, and case approaches.Results of the Research: The results of the research obtained that the implementation of the dismissal of the Board of Directors based on the decision Number 15/Pdt.G/2013/PN.Cibinong that the dismissal mechanism is not in accordance with the provisions of Law Number 40 of 2007 concerning Limited Liability Companies carried out by the Board of Commissioners of PT. SBTI, thus causing legal consequences affected to the company, namely the Minister rejects any application submitted or notification submitted to the Minister, and because the dismissal is not in accordance with the provisions, the dismissal is invalid and null and void and restore the position of the old Board of Directors who have been temporarily dismissed.The dismissal of a member of the Board of Directors is to stop the person concerned from the position of the Board of Directors before the term of office specified in the articles of association or the decision of the GMS expires. In article 106 of the 2007 Company Law, the temporary dismissal of the Board of Directors is the right and authority of the Board of Directors, but not to dismiss directly and permanently.]]>
<![CDATA[Kepastian Hukum Sema Nomor 2 Tahun 2023 Terhadap Pencatatan Perkawinan Antar-Agama Dalam Bingkai Kebhinnekaan Indonesia ]]>
<![CDATA[Fenecia, Evelyn]]>;
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Fitri, Winda]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2192
<![CDATA[Introduction: Religious diversity in Indonesia has led to the practice of interfaith marriages, resulting in legal uncertainty. On July 17, 2023, the Supreme Court issued Circular Letter No. 2 of 2023 (SEMA 2/2023) to provide guidance to judges on adjudicating requests for the registration of interfaith marriages.Purposes of the Research: This study aims to analyze the implementation of SEMA No. 2 of 2023 concerning the registration of interfaith marriages within the framework of Bhinneka Tunggal Ika in Indonesia.Methods of the Research: The legal research method used is normative/doctrinal, with a qualitative research approach that includes legislative analysis of relevant regulations and conceptual analysis using legal theories related to the study.Results of the Research: The study reveals that SEMA 2/2023 provides legal certainty consistent with Indonesia's religious diversity and the Bhinneka Tunggal Ika motto. However, some judges continue to approve requests for the registration of interfaith marriages even after the issuance of SEMA, as evidenced by Decision No. 423/Pdt.P/2023/PN Jkt.Utr dated August 8, 2023. Thus, SEMA 2/2023 is insufficient to address the legal uncertainty surrounding interfaith marriages in Indonesia, despite its alignment with the spirit of Bhinneka Tunggal Ika. Legal harmonization across various regulations is needed to achieve the desired legal certainty.]]>
<![CDATA[Model Pengelolaan Sumber Daya Kelautan dan Kemaritiman ]]>
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Angga, La Ode]]>;
<![CDATA[Latupono, Barzah]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2133
<![CDATA[Introduction: Indigenous people who live on small islands are quite large in number compared to the available natural resources. So it can be said that it is not enough to meet the basic needs of indigenous peoples, for a certain period of time. Therefore, the idea was born to create legal regulations that could regulate and organize all the potential of marine and maritime resources so that they could be used wisely.Purposes of the Research: to formulate the formulation of a Marine and Maritime Resources Management Model in Central Maluku Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research seeks to describe the Marine and Maritime Resource Management Model in Central Maluku Regency. The way the empirical juridical or sociological juridical method works in this research proposal is from the results of collecting and finding data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts available. exists in society, thus the truth in a study has been declared reliable without having to go through a rationalization process.Results of the Research: To minimize conflicts and disputes that occur in the marine and maritime customary rights community, there must be a formulation of a model for regulating marine and maritime management in Central Maluku Regency involving all cuttings holders.]]>
<![CDATA[Interpretasi Hukum Mutatis Mutandis Dalam Pembentukan Peraturan Daerah ]]>
<![CDATA[Latuny, Jhon Alberth]]>;
<![CDATA[Salmon, Hendrik]]>;
<![CDATA[Mustamu, Julista]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2078
<![CDATA[Introduction: In the formation of regional regulations, one must look at the needs and existence of the region by prioritizing community welfare as an instrument in implementing regional regulations. This results in the formation of regional regulations having to be based on regional needs, not on legal rules, bearing in mind that application mutatis mutandis is the basis in seeing that need.Purposes of the Research: This writing aims to determine the study of mutatis mutandis legal interpretation in the formation of regional regulations. Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique for collecting legal materials is through literature study and then analyzed through perspective using qualitative methods.Results of the Research: With the interpretation methods used such as literal, historical, systematic, teleological interpretation, or comparison with other laws. So that the formation of regional regulations by applying the mutatis mutandis principle becomes the main point in the formation of regional regulations based on more specific community needs, bearing in mind that this is useful for speeding up and making efficient the process of forming regional regulations.]]>
<![CDATA[Fungsi Dewan Perwakilam Rakyat Dalam Pembentukan Peraturan Daerah ]]>
<![CDATA[Sikafir, Beregita Lidiana]]>;
<![CDATA[Nirahua, Salmon Eliazer Marthen]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2052
<![CDATA[Introduction: Article 1 paragraph 3 of the Republic of Indonesia Constitution provides legal guarantees. The Indonesian state in its government system has developed in terms of state institutions which we usually know as decentralization, the presence of the DPRD as a legislative institution or people's representative institution has the task of regulating regional government. Law Number 23 of 2014 concerning Regional Government, the DPRD has duties and authorities at the provincial and district/city levels, one of which is forming regional regulations.Purposes of the Research: This study aims to etermine the whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out by the DPRD.Methods of the Research: This study use normative juridical research, which to find out whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out the DPRD.Results of the Research: unction forming regional regulations as obligation of the DPRD is regulated in Law No. 23 of 2014 concerning Regional Government. in making regional regulations, authority is given by Bapemperda whose authority regulated by Article 52 PP No. 12 of 2018 concerning Guidelines for Preparing Provincial, Regency, City DPRD tatips. Bapemperda in exercising its authority to form regional regulations is outlined in the Propemperda. The authority given by this law is expected that the DPRD can understand its function an obligation. Among them is the function of forming regional regulations as an obligation of the DPRD. legal consequences for the DPRD not carrying out the function of forming regional regulations based on the problems raised by the author are that there are legal sanctions for the DPRD.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Pencabulan ]]>
<![CDATA[Sirait, Ingrid Debora]]>;
<![CDATA[Adam, Sherly]]>;
<![CDATA[Sopacua, Margie Gladies]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2037
<![CDATA[Introduction: Cases of criminal acts of sexual abuse against children, especially those handled by the Central Maluku Police, from 2021 to 2023, there were 9 (nine) cases of criminal acts of sexual abuse.Purpose of the Research: This research aims to enable investigators to know the child's personality and make it easier to carry out examinations. At the Central Maluku Police, since the start of the investigation process, children as victims of criminal acts of sexual abuse have not received rehabilitation either physically, psychologically or socially from P2TP2A Central Maluku.Methods of the Research: This type of research is normative juridical research using several approaches including the statutory approach, conceptual approach and case approach, using primary, secondary and tertiary legal material sources. Collection procedures The legal material used in this writing is a literature study (Library Research), which is descriptive qualitative in nature. In carrying out the study, this research also conducted interviews with police officers at the Women and Children Protection Unit at the Central Maluku Police.Result of the Research: The legal protection efforts carried out by the Central Maluku Police against children as victims of criminal acts of sexual abuse include the following: Confidentiality of the victim's identity; rehabilitation efforts; victims are entitled to legal aid and other assistance: providing protection and assistance during the prosecution investigation process until the trial process; obtaining information about the progress of the trial and always monitoring the development of the situation from the area where the victim lives; taking steps to cooperate with police ranks from various regions and from the Maluku Police; providing motivation and providing the best solution for the lives of children; and establishing communication and providing supervision for victims of criminal acts of sexual abuse who are still undergoing the process or who have completed the process. The obstacles faced by the Central Maluku Police in providing legal protection to children as victims of criminal acts of sexual abuse include law enforcement factors; community factors; facilities or facilities factors; cultural factors; and legal factors.]]>
<![CDATA[Kewenangan Penegakan Hukum Oleh Polisi Perairan Dan Udara Di Wilayah Perairan ]]>
<![CDATA[Wattimena, Rovky Asyer]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2334
<![CDATA[Introduction: Law enforcement authority by water and air police in the waters of Aru Islands Regency needs to be exercised. The regulation of law enforcement in the territorial waters of Aru Islands Regency has issued a series of related laws and regulations. However, for some things it is felt that they still need to be supplemented with implementing regulations because there are many laws and regulations that give authority to different law enforcement parties in carrying out enforcement. law in Indonesian maritime territory so that there is often overlapping of the main duties and functions of each law enforcement officer at sea.Purposes of the Research: The purpose of this writing is to determine and analyze the authority of the maritime and air police in implementing law enforcement in the waters of the Aru Islands Regency.Methods of the Research: This research is normative legal research with the legal materials used in the research being primary, secondary and tertiary using library study techniques in the form of international legal regulations, scientific works and literature.Results of the Research: The results showed that Polairud has quite broad authority in maintaining security and order in water areas, but there are still several challenges in carrying out its duties, such as limited resources and coordination between institutions.]]>
<![CDATA[Perlindungan Hukum Terhadap Penyewa Halaman Rumah Atas Ingkar Janji Mu’jir ]]>
<![CDATA[Sihite, Sri Rumada]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2197
<![CDATA[Introduction: The broken promise made by the owner of the vacant land rented by mei symbolon which has an impact on material losses, which has legal consequences for the legal actions taken by the landowner, Mr. x, of course this is the background for the author to explain the problem and explain the legal protection of the tenant of the house yard for the broken promise of the mu'jir.Purposes of the Research: Reviewing what rights are received by the party that must be received if the agreement between them is made by a unilateral promise and what obligations must be fulfilled by the owner of the house yard for legal actions that make a promise break.Methods of the Research: The research method used is normative juridical method with statutory and conceptual approaches.Results of the Research: The agreement that gave birth to the binding between the tenant of the yard and the owner of the yard is valid and fulfills the principle of consensualism and of course this has legal consequences where there are rights and obligations of each. In this case the non-fulfillment of the obligations of the owner of the empty courtyard, namely reselling the house and the empty courtyard which in the civil law code is a breach of promise, of course this is required by the owner of the yard to compensate for the loss as written.]]>
<![CDATA[Quo Vadis Penegakan Hukum Bermartabat: Kritik Terhadap Penegakan Hukum Berlandaskan Stigma No Viral No Justice ]]>
<![CDATA[Muammar, Muammar]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2247
<![CDATA[Introduction: The emergence of the law enforcement phenomenon based on the stigma of no viral no justice gives a bad image to the face of Indonesian law enforcement, because it leads to a form of law enforcement that is no longer dignified. As a result, the victims must use it in the form of viralizing the case they are experiencing so that they can rally the external power of the public.Purposes of the Research: This paper aims to analyze and examine a number of points that are the basis for law enforcement criticism based on the stigma of no viral no justice.Methods of the Research: This paper uses normative legal research methods. The approaches used are conceptual approaches, theoretical approaches and analytical approaches.Results / Main Findings: Law enforcement based on the stigma of no viral no justice in recent years has tarnished the face of Indonesian law enforcement. In fact, this condition has "legitimized" law enforcement to no longer be dignified because it is not in accordance with the principles of law enforcement as it should be. This paper offers three basic criticisms of the form of law enforcement with these conditions, including: first, the occurrence of deviations from the principle of equality before the law. The law no longer views the position of each legal subject as equal and equal without discrimination, but rather views whether the case is viral or not; second, the shift and change of the basic meaning of legality from no crime without criminal acts, to no crime without the virality of criminal acts/no crimes without going viral first; Third, the enforcement of the stigma of no viral no justice drags the goal of the law in obscurity to arrive at its noble mission in realizing justice, legality and legal certainty.]]>
