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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 119 Documents
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Local Government Actions in Disputes over the Installation of Hawear in Public Facilities Baranyanan, Soeleman Djaiz; Tita, Heillen Martha Yosephine
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.v5i1.2972

Abstract

Introduction: The diversity of the Indonesian nation is a reality, even this diversity is a wealth as a gift from God who has stated that humans were created in groups so that they can get to know each other. This article discusses the actions of the local government in resolving the problem of installing hawear, a traditional symbol of the Kei community, which often clashes with the interests of building public facilitie.Purposes of the Research: This study aims to analyze the role and actions of local governments in resolving disputes over the installation of hawear, with a focus on the mediation process and the implementation of related policies.Methods of the Research: This study uses empirical juridical research methods with legal materials used in research are primary, secondary and tertiary with the use of literature study techniques in the form of applicable legal regulations, scientific works and several other literature.Results Main Findings of the Research: In the Kei Islands, Maluku, hawear serves as a marker of the boundaries of sacred customary territories according to Larvul Ngabal customary law. However, along with the development of the times and the need for infrastructure development, the installation of hawear often triggers conflicts between indigenous peoples and the government. The dispute over the installation of hawear (customary boundary signs) on public facilities in the Kei Islands, Maluku, has become a complex issue related to the duality of the government system, namely between Customary Villages and Administrative Villages. This conflict was triggered by differences of opinion regarding customary authority and the authority of local governments in determining territorial boundaries and public land use. This study explores the role of local governments in handling these disputes through mediation, negotiation, and harmonization approaches between customary law and positive law.
The Cosmology of Sedulur Traditional House Attitudes to the Realization of Local Wisdom for the Survival of Harmonization of Life Khoirina, Nisa; Fidiyani, Rini
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3259

Abstract

Introduction: The cosmology of the Sedulur Sikep traditional house in Pati Regency is studied in depth in this study as an expression of local wisdom that is crucial for the continuation of a harmonious life. Motivated by.Purposes of the Research: Seeks to determine why this cosmology is necessary in this particular context and to examine how the cosmology of the Sedulur Sikep traditional house is an expression of local wisdom for the harmonious survival of life.Methods of the Research: This study uses a qualitative descriptive approach with a sociological juridical research type. Applying the theory of legal pluralism to examine how customary law (also known as living law) interacts with state law and cultural anthropology theory to understand how cosmology manifests itself in the tangible and intangible elements of customary houses. Interviews and observations were used to collect primary data, which was then supported by secondary and tertiary data. Triangulation is used to ensure the validity of the data.Results Main Findings of the Research: Each component of the Sedulur Sikep traditional house reflects a worldview that encourages the creation of harmony between humans, nature, and spirituality. This cosmology functions as a living law that encourages the creation of ecological harmony, social solidarity (the principle of seduluran), and inner peace. This is important for the urgency of community sustainability as an identity, social control system, and foundation of cultural resilience in the face of legal pluralism and globalization.
Effectiveness of Handling Human Rights-Based Public Complaints Marsellia, Dini; Situmeang, Ampuan; Disemadi, Hari Sutra
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3225

Abstract

Introduction: This research examines the effectiveness of handling human rights-based public complaints at the Regional Inspectorate of Riau Islands Province.Purposes of the Research: The aim is to evaluate the implementation, obstacles, and efforts to optimize complaint management.Methods of the Research: Method used is an empirical legal research method with a statutory and empirical approach. Data were obtained through interviews, observations, and study of legal documents related to the handling of public complaints.Results Main Findings of the Research: Results showed that although the regulatory framework exists, its implementation has not been optimal. The main obstacles include limited human resources both in number and competence, lack of socialization to the community, and weak legal structure and culture. This has led to slow processing of complaints and a low level of responsiveness to community needs. Recommendations include improving HR competencies through regular training, strengthening socialization to raise public awareness, and optimizing technology to support complaints management. These measures are expected to ensure respect for and fulfillment of human rights in public services, increase public trust in the government, and support clean and accountable governance.
Legal Consequences of Malpractice in the Medical World for Medical Personnel Wardhana, Encek Muhammad Rizky Kusuma; Sulistyo, Al Qodar Purwo
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3218

Abstract

Introduction: This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, this incident also has an impact on the reputation of the medical profession and causes fear in health workers in carrying out their duties.Purposes of the Research: This study analyzes two main issues: the legal impact on the license of medical personnel who are found guilty of malpractice, and legal protection for medical personnel in malpractice cases. In addition, they may also face civil and criminal lawsuits.Methods of the Research: Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability. In addition, This study examines the legal impact of medical accidents and malpractice on medical personnel. Through normative legal research on laws and regulations, court decisions, and related literature, this study shows that medical personnel can face various legal consequences, including civil, criminal, and administrative liability.Results Main Findings of the Research: Education that focuses on improving legal and public health literacy is an urgent solution to reduce the number of inaccurate lawsuits and strengthen the relationship of mutual trust between the community and medical personnel.
The Authority of Local Governments in Determining Parking Retribution Rates Lubis, Fahmi Sahil; Rizal, Muhammad
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3216

Abstract

Introduction: The imposition of parking retribution fees represents one of the local government's authorities in managing Regional Original Income (PAD). In the City of Medan, the parking retribution policy plays a strategic role in both service management and local fiscal policy.Purposes of the Research: This study aims to analyze the authority of the Medan City Government in setting parking retribution rates and to evaluate the legal basis and implementation of such authority.Methods of the Research: The research applies a normative and empirical juridical approach by using document analysis and interviews with the Medan City Transportation Department and local parking users.Results Main Findings of the Research: The authority to determine parking retribution rates is regulated under Law Number 28 of 2009 concerning Regional Taxes and Levies and further stipulated through Medan City Regional Regulations. However, implementation issues arise due to weak socialization, rate inconsistencies, and insufficient supervision, leading to potential revenue leakage.
The Urgency of Recognizing Professional Zakat as an Income Tax Deduction in the Indonesian Positive Legal System Carmadi, Carmadi; Saleh, Mohammad
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3152

Abstract

Introduction: Professional zakat represents a form of actualizing religious obligations that holds significant potential in supporting the socio-economic development of the Muslim community in Indonesia. This research is motivated by the suboptimal utilization of professional zakat as an instrument for reducing income tax (PPh), despite the existence of legal foundations within Indonesia’s positive legal system, such as Law Number 36 of 2008 on Income Tax and Law Number 23 of 2011 on Zakat Management.Purposes of the Research: The purpose of this study is to analyze the legal regulations, implementation, and legal implications of recognizing professional zakat as a deductible component of income tax, with a particular focus on the Amil Zakat Institution Yayasan Dana Sosial Al-Falah (LAZ YDSF) in Malang City.Methods of the Research: This research employs a normative legal method with statutory and conceptual approaches.Results Main Findings of the Research: The findings indicate that although existing regulations provide legitimacy for tax reduction through professional zakat, its implementation still faces several challenges, including low public literacy on legal and taxation matters, and the lack of optimal synergy between tax authorities and zakat institutions. These findings highlight the need for policy reform and digitalization of reporting systems to enable effective, fair, and inclusive integration between zakat and taxation, while promoting dual compliance with both religious and fiscal obligations of the Indonesian Muslim community.
The Existence of Victims in the Implementation of Diversion in the Resolution of Criminal Acts Committed by Children Rabbani, Najmi; Wulandari, Cahya
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3117

Abstract

Introduction: Indonesia's juvenile justice system faces significant challenges in implementing diversion mechanisms that marginalize victim existence. The assault case involving seven motorcycle-riding juveniles in Tasikmalaya demonstrates substantial gaps between normative guarantees and restorative justice practices that predominantly focus on offenders rather than victims' needs and participation.Purposes of the Research: This study examines victim existence in diversion efforts within Indonesia's juvenile criminal justice system and analyzes factors influencing restorative justice implementation. The research aims to identify structural barriers preventing meaningful victim participation in juvenile diversion processes.Methods of the Research: The research employs qualitative juridical-empirical methodology through semi-structured interviews with prosecutors and legal document analysis. This approach enables comprehensive examination of diversion practices in concrete cases, revealing implementation gaps in restorative justice frameworks.Results Main Findings of the Research: Findings reveal that diversion processes remain dominated by offender-oriented approaches, systematically marginalizing victim participation and recovery needs. Despite Article 6 of Law Number 31/2014 guaranteeing psychosocial rehabilitation for victims, adult victims receive inadequate support compared to child victims. The Tasikmalaya case, involving collective revenge motives, resulted in Rp75 million compensation from Rp120 million total medical costs. Inhibiting factors include structural-institutional limitations, socio-cultural resistance, and psychological-participatory challenges. Achieving meaningful victim existence requires structural reforms integrating victimological approaches, prioritizing measurable recovery mechanisms, and strengthening institutional capacity for substantive victim participation while maintaining child welfare principles.
Legal Certainty of Contract for Difference Derivative Transactions in the Alternative Trading System in Indonesia Firmansyah, Teguh; Rahayu, Sang Ayu Putu
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3108

Abstract

Introduction: Interest in investment in Indonesia has experienced a significant increase in recent years. This trend is driven by technological advancements that facilitate access to various investment platforms, such as digital-based applications and investment e-commerce. However, not all individuals possess adequate understanding of investment risks and potential, which may lead to suboptimal decision-making.Purposes of the Research: The study aims to analyze the multilayered regulatory structure established to ensure market stability, investor protection, and alignment with national economic objectives, as well as to identify the role of key regulatory institutions within the derivative market ecosystem, particularly in relation to Contract for Difference (CFD).Methods of the Research: The study utilizes a normative legal analysis methodology, examining primary legal sources, including laws, government regulations, and directives from regulatory institutions.Results Main Findings of the Research: Indonesia's derivatives trading is governed by a multi-layered regulatory framework to ensure market transparency, security, and stability. The primary legal basis is Law No. 32 of 1997 on Commodity Futures Trading, amended by Law Number 10 of 2011, which establishes BAPPEBTI as the main regulator. Government Regulation Number 9 of 1999 sets operational guidelines, while BAPPEBTI Regulation No. 109/Bappebti/PER/01/2014 and No. 5 of 2017 regulate alternative trading systems, including CFD.
Criminal Policy of Imposing Community Service for the Crime of Absence Without Leave Committed by the Military Tetelepta, James Chris Deweighat; Hadi, Agustinus Purnomo; Maryani, Ani
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3084

Abstract

Introduction: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanction system in the Criminal Code and the crimes that occur are interesting to discuss and analyze.Purposes of the Research: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanctions in the Criminal Code and the crimes that occur are interesting to discuss and analyze. From this, the question is whether the imposition of community service can be applied to military crimes that occur in the Criminal Code, and how the future criminal policy will be for the renewal of military law.Methods of the Research: Normative legal approach method, namely by legal research conducted by examining library materials or secondary data periodically (in addition to the existence of sociological or empirical legal research which mainly examines primary data) by looking at the provisions of existing laws and regulations, through literature review.Results Main Findings of the Research: The legal basis for imposing Social Work sentences in Indonesia is regulated in National Law Number 1 of 2023 concerning the Criminal Code, Article 65, so it is necessary to reform criminal law, especially military criminal law because the purpose of punishment for the military is not only retribution but also guidance and prevention because if the perpetrator of the crime is a military person, it can have a very broad impact both for military interests and public interests.
Environment-Based Budget as an Effort to Optimize the Citarum Harum Program Putri, Rizqya Nafila; Astriani, Nadia; Widjayani, Supraba Sekarwati
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.3050

Abstract

Introduction: The importance of an environment-based budget in an effort to optimize the revitalization program of the Citarum River, known as Citarum Harum. The program aims to address the serious problem of river pollution, but has not achieved optimal results because sustainable budgets have not been fully implemented.Purposes of the Research: The purpose of this research is to examine why environment-based budgeting is still not a priority in program implementation, and how this affects the overall and long-term success of the program.Methods of the Research: Using the method of policy analysis and evaluation of program implementation, this study reveals that the misalignment between budget policies and environmental needs has hampered the effectiveness of revitalization efforts.Results Main Findings of the Research: Key findings suggest that delays in the adoption of environmentally-oriented budgets result in slow, suboptimal, and unsustainable river recovery. The impact of these findings highlights the urgency of comprehensively integrating environmentally-based budgets to accelerate the recovery of river ecosystems and ensure the long-term sustainability of the program. In addition, the study also emphasizes that without proper and consistent budget support, revitalization programs such as Citarum Harum will continue to face significant challenges in achieving the expected environmental goals. In conclusion, budget management that is aligned with environmental conservation efforts is key to increasing the success of future environmental programs, including the revitalization of the Citarum River and other ecosystem restoration efforts in Indonesia.

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