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PAMALI: Pattimura Magister Law Review
Published by Universitas Pattimura
ISSN : -     EISSN : 27755649     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 18 Documents
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Search results for , issue "Vol 5, No 1 (2025): MARCH" : 18 Documents clear
Implementation of Restorative Justice at the Payakumbuh District Attorney's Office in the Case of Traffic Accident Crime Resulting in Minor Injuries Ramadani, Sherly; Zulfiko, Riki
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2872

Abstract

Introduction: The rapid development of transportation has revolutionized people's lives. Behind this progress there are challenges, namely the risk of traffic accidents. In everyday life, accidents that result in minor injuries can often be resolved with a more familial approach. The Payakumbuh District Attorney's Office, in an effort to realize harmonious justice, applies the concept of Restorative Justice as an alternative solution to resolve cases.Purposes of the Research: Examining the regulations governing criminal acts of traffic accidents which result in minor injuries with restorative justice efforts and the implementation of Restorative Justice for criminal acts of traffic accidents at the Payakumbuh District Prosecutor's Office.Methods of the Research: The research method used in this research is the juridical-empirical method, legal research regarding the application or application of normative legal provisions directly to each specific legal event that occurs in society.Results Main Findings of the Research: The basic implementation of restorative justice provisions in the Indonesian Prosecutor's Office is contained in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020. It is easy to carry out restorative justice efforts in this case because the victim is willing to forgive and reconcile with the suspect, the conditions for carrying out restorative justice efforts are fulfilled.
Effectiveness On The Implementation Of Minister Of Health Decree Number 6424 Of 2021 On Covid-19 Vaccination Doses 3 And 4 Fitri, Syari Ramdhania; Nurlaily, Nurlaily; Seroja, Triana Dewi
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2864

Abstract

Introduction: COVID-19 vaccination is an important initiative in the Indonesian government's strategy to manage the pandemic and achieve herd immunity. Based on the Decree of the Minister of Health Number 6424 of 2021, the government intends to increase the coverage of the third and fourth doses as part of the national vaccination program.Purposes of the Research: The purpose of this study seeks to evaluate the effectiveness of this policy in Riau Islands Province, especially to examine the obstacles faced in achieving adequate vaccination coverage.Methods of the Research: Using an empirical legal methodology with a sociological legal approach, this study analyzes data related to the implementation of vaccination and the factors that cause the absorption of the third and fourth doses to be suboptimal.Results Main Findings of the Research: Key findings show that although the administration of the first and second doses yielded positive results, the uptake of the third and fourth doses was still hampered by a variety of challenges, including legal factors, law enforcement factors, as well as a lack of public awareness and cultural challenges. Based on these findings, the government is advised to increase public outreach efforts, increase socialization and legal education, improve regulations and policies, strengthen law enforcement, provide incentives, education based on local wisdom, and cultural incentive programs. In addition, policies that prioritize public understanding and engagement are critical to achieving desired vaccination goals.
Mechanism for the Appointment of Acting Regional Heads Who Participate in the Simultaneous Regional Elections Adrian, Rifki; Nasution, Faisal Akbar; Sihombing, Eka N A M; Sutiarnoto, Sutiarnoto
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2920

Abstract

Introduction: Regional Heads, which are often not in accordance with the Constitutional Court Decision Number 67/PUU-XIX/2021, that in choosing the Acting Head, it must be measurable and clear that it does not ignore the principles of democracy, pay attention to regional aspirations and be carried out openly, transparency and accountability. This is because there is no regulation that contains how the mechanism for electing Acting Regional Heads is permanent, so that it leads to centralistic conflicts of interest in local governments.Purposes of the Research: To examine in this study what the Mechanism for Appointment of Acting Regional Heads Who Participate in the Simultaneous Regional Elections.Methods of the Research: The research method carried out is normative legal research with a statutory research approach (Statue Approach). The data sources used were secondary data with Premier legal material, secondary legal material and Tresier Law material, data analysis used by Qualitative method. This research discusses the arrangement, appointment mechanism, as well as the duties and authorities of acting regional heads in the context of the implementation of the Simultaneous Regional Elections in Indonesia.Results Main Findings of the Research: The findings of the study show that the regulation of acting regional heads is regulated in Article 201 of Law Number 10 of 2016 and Regulation of the Minister of Home Affairs Number 4 of 2023. However, this arrangement is not in accordance with the principle of a just and democratic state of law. The mechanism for appointing acting regional heads also does not involve community participation and tends to be centralistic. Meanwhile, the duties and authority of the acting regional head refer to the definitive duties and authorities of the regional head, although there are certain limitations. Therefore, rules are needed that are more in line with the principles of the state of law and democracy, and involve community participation in the process of appointing acting regional heads. In addition, the government needs to consider regional aspirations in appointing acting regional heads.
Criminal Law and Civil Law Accountability for the Spread of Fake News in the Digital Era Julvina, Julvina; Hutauruk, Rufinus Hotmaulana; Sudirman, Lu
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2352

Abstract

Introduction: Freedom of expression in the digital era without any restrictions indirectly triggers the spread of fake news. The freedom to spread news or broadcasts often transcends legal, cultural and religious boundaries. Therefore, fake news is used as a tool to attack honor and bring down the good name of a person or group.Purposes of the Research: This research aims to analyze criminal and civil law regulations related to the spread of fake news in the digital era in Indonesia.Methods of the Research: Through normative legal research methods, this study examines various relevant regulations, including the Criminal Code, Civil Code, and Electronic Information and Transaction Law.Results Main Findings of the Research: The results of the study show that both criminal and civil laws already have mechanisms to overcome the spread of fake news. In the criminal realm, sanctions are given to perpetrators who spread fake news with a wide impact, such as inciting riots or violating human rights. Related articles in the Criminal Code and the Electronic Information and Transaction Law, such as Article 160 of the Criminal Code and Article 28 paragraph (3) jo. Article 45A paragraph (3) of the Electronic Information and Transaction Law, provides a strong legal basis. Meanwhile, civil law allows aggrieved individuals to claim compensation through the concept of unlawful acts in the Civil Code. A comparison between criminal and civil law shows that these two systems are complementary: criminal law focuses on providing a deterrent effect and protecting the public interest, while civil law places more emphasis on the recovery of individual losses. While existing regulations are adequate to deal with the spread of fake news, increased legal awareness in the community, stronger law enforcement, and more effective prevention mechanisms are needed to deal with the challenges in this digital age.
Legal Aspects of Government on The Role of The Yosowilangun Village Government in Preserving Local Traditions and Culture Fidinansyah, Muhammad Iqbal; Wardana, Dodi Jaya
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2813

Abstract

Introduction: Based on the government's efforts to protect, develop, preserve, and utilize the cultural values and heritage of the nation's traditions. The government needs to carry out cultural revitalization to restore and revive marginalized cultural values that could become extinct. In addition to the village government, the community also needs to play a role in preserving traditions and culture to motivate the community to recognize and actively participate in maintaining local cultural heritage.Purposes of the Research: To find out the role and efforts of the village government in developing traditions and culture, in this case the cultural heritage of Yosowilangun Village.Methods of the Research: This study uses a qualitative methodology that includes document analysis, interviews with officers or staff at the Yosowilangun Village Office, and an observational data collection approach. The data analysis method used is interactive analysis, namely data collection and presentation and drawing conclusions.Results Main Findings of the Research: Shows that the Yosowilangun Village Government actively fosters the development of traditions by preserving cultural heritage within the scope of the Yosowilangun Village Government, and strives to overcome existing obstacles in efforts to preserve cultural heritage. Therefore, from the perspective of constitutional law, the role of the Yosowilangun Village Government in maintaining and advancing traditions and culture in accordance with Gresik Regency Regional Regulation Number 8 of 2019, is considered very effective as a foundation for advancing the development of traditions and culture in the Village.
Implementation of Criminal Execution of Tax Fines Against Decision Number: 249/PID.SUS/2022/PN. TPG Putunezar, Shaeku; Nurlaily, Nurlaily; Disemadi, Hari Sutra
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2807

Abstract

Introduction: Taxes are obligations requiring citizens to pay a specified amount of money to the state. Following the enactment of the Tax Harmonization Law in 2021, tax law enforcement in Indonesia has been directed toward recovering state revenue losses.Purposes of the Research: This study aims to describe and analyze the implementation of criminal fine execution in tax cases as outlined in Decision Number: 249/Pid.Sus/2022/PN.Tpg.Methods of the Research: The study employs a normative legal approach through library research, which includes references such as laws, articles, and journals. Secondary data were collected through literature review and analyzed using a qualitative juridical approach.Results Main Findings of the Research: The findings of the study show that the confiscation of land and buildings belonging to the convicts is not in line with Article 39 Paragraph (1) of the Criminal Procedure Code. In addition, the assets had been used as collateral by Bank Mandiri Tanjungpinang, a State-Owned Enterprise, before the investigation began. This results in a lack of legal certainty and becomes an obstacle in the execution process. To ensure legal certainty, the investigation process must be accompanied by the tracking and blocking of the assets found, in the settlement of tax criminal cases in Decision Number: 249/Pid.Sus/2022/PN.Tpg, deliberation or coordination regarding land and building assets can be carried out, because the ultimate goal is to return the results of the execution to the state.
The Authority of A Notary Who Is Declared Bankrupt Against The Validity of The Deed That Has Been Made Savarina, Anitya Arwa; Badriyah, Siti Malikhatun
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2426

Abstract

Introduction: Notaries have the authority to make authentic deeds based on the Notary Law. However, if a notary is declared bankrupt, a statement will arise regarding his/her authority and the validity of the deeds that have been made. However, deeds made before the notary goes bankrupt remain valid as long as they meet the legal requirements.Purposes of the Research: This study aims to explore the legal impact and responsibilities of notaries who are declared bankrupt, especially regarding the validity of the documents they have created.Methods of the Research: The type of research used is Normative Juridical research or library legal research method, namely reviewing laws and regulations and relevant case studies on the importance of understanding bankruptcy status where notaries affect their professional duties and the authenticity of legal documents.Results Main Findings of the Research: The results show that deeds made by a notary before being declared bankrupt generally still have legal validity, although bankruptcy can affect public trust and the notary's ongoing responsibility.
Comparison of Forensics Death Investigation in Indonesia and Belgium Rahmadani, Anindita Mutiara
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2801

Abstract

Introduction: Forensic examination is crucial in obtaining evidence as soon as possible since the human body is a source of biological evidence that can change over time. There are differences between the systems and services provided by forensic medicine in various countries.Purposes of the Research: This study aims to analyze the comparison of forensic death investigations between Indonesia and Belgium.Methods of the Research: This research is normative, using a conceptual and comparative approach. The literature study method was used to collect data for this study, which was analyzed qualitatively.Results Main Findings of the Research: The analysis results show that the forensic examination system in Indonesia applies Scientific Crime Investigation (SCI). By using science and technology combined with criminal analysis, the police can solve criminal cases through the use of SCI methods. Meanwhile, the forensic investigation system in Belgium uses the Medical Examiner System, where a medical examiner is appointed to investigate the cause and manner of death in accordance with Belgian laws and regulations.
Investment Contracts in The Context of Foreign Direct Investment as One of The Solutions to Achieve The Development of a New National Capital City Ramadhan, Alfin
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2544

Abstract

Introduction: The development of the new National Capital City is an ambitious project designed to create a modern and sustainable government center aimed at promoting equitable development and economic growth in Indonesia. In this context, the background of the study lies in the challenges faced, particularly the significant financial resources required to realize the development. One identified solution is the enhancement of Foreign Direct Investment (FDI), which can contribute to supporting infrastructure development, technology transfer, and job creation.Purposes of the Research: This study aims to analyze the role of FDI in supporting the development of the new National Capital City as a sustainable financing strategy.Methods of the Research: The method used in this research is a descriptive-qualitative approach, analyzing secondary data such as reports, government policies, and related literature to understand FDI’s contribution to national development, particularly in the context of the new National Capital City.Results Main Findings of the Research: The results indicate that FDI has great potential to accelerate new National Capital City development through the provision of foreign capital, technology capacity enhancement, and strengthening of international economic relations. However, the study also identifies challenges, such as the need for attractive investment policies and economic-political stability, to sustainably attract foreign investors. In conclusion, optimizing FDI requires synergy between government policies and adequate infrastructure support to ensure the successful realization of the new National Capital City development plan.
Legal Protection of the Torem Tree (Manilkara Kanosiensis) as an Endemic Plant Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.3008

Abstract

Introduction: Yamdena Island, part of the Tanimbar Islands, Maluku, holds unique biodiversity, including the endemic Torem Tree (/Manilkara kanosiensis/). This tree has important ecological value as an ecosystem buffer, economic value for local communities through the use of its fruit and wood, and cultural value related to traditional traditions and rituals. However, the Torem Tree faces serious threats from deforestation, land conversion, and unsustainable exploitation, exacerbated by climate change. Inadequate legal protection status is a crucial issue.Purposes of the Research: This study aims to analyze and evaluate the effectiveness of legal protection of the Torem Tree as an endemic plant on Yamdena Island.Methods of the Research: The research method used is normative law with a statutory and conceptual approach. Data is obtained from related laws and regulations, legal literature, and relevant documents. Data analysis is carried out through legal interpretation, comparative analysis, and legal synthesis.Results Main Findings of the Research: The findings of the study show that the existing legal framework has not effectively protected the Torem Tree. The legal loophole lies in the lack of specific regulations that recognize and protect the endemic status of the Torem Tree, as well as weak enforcement of the law against related violations. This study concludes the need to strengthen legal protection through comprehensive revision of laws and regulations, increased effective supervision and law enforcement, and increased active participation of local communities in conservation efforts. Policy recommendations include the establishment of a clear legal status for the Torem Tree, the development of a sustainable management plan based on local wisdom, and increasing public awareness of the importance of the conservation of the Torem Tree for the sustainability of the ecosystem and the welfare of the Yamdena community.

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