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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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The Dialectic of The National Criminal Code and The Living Law: A Philosophical Approach to Contemporary Criminal Law Kusumawardhani, Dwinanda Linchia Levi Heningdyah Nikolas
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.v5i2.3037

Abstract

Introduction: This study examines the dialectical relationship between the National Criminal Code and the living law through the contemporary criminal law philosophy approach. The existence of the Criminal Code as a formal legal product of the state is often in tension with the customary law system and the values that live in pluralistic Indonesian society.Purposes of the Research: This research aims to analyze the patterns of interaction, contradictions, and potential harmonization between the two legal systems.Methods of the Research: Using juridical-philosophical research methods and legal hermeneutic approaches, this study explores the ontological, epistemological, and axiological dimensions of the dialectic.Results Main Findings of the Research: The results of the study show that despite paradigmatic tensions, the two legal systems can run in a complementary manner through an integrated legal pluralism recognition mechanism. This research offers a new conceptual framework in understanding the nature of criminal law that is responsive to social change but still upholds legal certainty. The findings of the research have implications for the urgency of reformulating the Criminal Code that accommodates the living law while maintaining the fundamental principles of modern criminal law, especially legality, proportionality, and protection of human rights. This dialectical approach is an important foundation for the development of a contextual, fair, and sustainable Indonesian criminal law system.
The Urgency of The Principle of Interest In Insurance Agreements Mariyam, Siti
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.v5i2.3034

Abstract

Introduction: This article explores insurance agreements as distinct contracts that facilitate the transfer of risk from the insured to the insurer. It delves into the critical factors ensuring the validity and sustainability of such agreements, emphasizing the role of legal principles in maintaining fairness and stability within the insurance framework.Purposes of the Research: The study aims to evaluate the urgency of the principle of interest in insurance agreements through a thorough literature review and juridical analysis. It examines how this principle prevents unethical practices like speculation, gambling, and fraud, ensuring that insurance contracts remain equitable and aligned with legal and ethical standards.Methods of the Research: The research employs a qualitative approach, combining a comprehensive literature review with juridical analysis. It examines legal texts, case studies, and scholarly articles to assess the application of the principle of interest in insurance agreements, focusing on its legal implications and practical effectiveness in the insurance industry.Results Main Findings of the Research: The findings highlight that the principle of interest serves a dual purpose: protecting insurers from fraudulent claims while fostering trust and integrity across the insurance system. This principle ensures that only legitimate interests are insured, promoting fairness and reducing systemic risks, thus enhancing confidence in insurance as a reliable risk management mechanism.
Legal Protection of the Right to Health Service Guarantee for Hospital Patients Meutia, Cut Yeni; Sidi, Redyanto; Maulana, Abdul Rahman
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.v5i2.3027

Abstract

Introduction: The right to health care is a human right guaranteed in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia.Purposes of the Research: This study aims to analyze the implementation of legal protection of the right to health care security for patients at the Malahayati Medan Islamic Hospital (RSIM) based on Law Number 17 of 2023 concerning Health.Methods of the Research: The research method used is normative-empirical, by analyzing relevant laws and regulations as well as health service practices at RSIM through observation and interviews.Results Main Findings of the Research: The results showed that RSIM has implemented legal protection of patient rights through various mechanisms, such as providing clear medical information, implementing informed consent, access to medical records, and transparent complaint services. In addition, Islamic values are applied in every aspect of service, creating an atmosphere that supports patient comfort and satisfaction. However, implementation challenges are still faced, including patients' lack of understanding of rights and obligations, limited resources, and ineffective communication between medical personnel and patients. This study concludes that while RSIM has complied with the national regulatory framework in protecting patient rights, strategic steps are needed to improve patient education, strengthen resource capacity, develop information technology, and improve the effectiveness of medical communication. By addressing these challenges, RSIM is expected to become a model hospital that excels in the legal protection of patients' rights in Indonesia.
Revitalizing Sociological Value in The Establishment of Regional Regulations in Indonesia Sisinaru, Sostones Yakobis
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.v5i2.2991

Abstract

Introduction: The determination of regional regulations is a regional right that is attributively granted by the constitution in the context of the implementation of regional government to carry out regional autonomy.Purposes of the Research: The importance of the formation of regional regulations is to accommodate sociological values.Methods of the Research: This research is normative using a statutory approach and a conceptual approach.Results Main Findings of the Research: The results of the study show that the procedure for determining regional regulations that accommodate the sociological values (living law) of a legal product must also include the tendencies and expectations of the community. Therefore, positive law will have effective force if it contains or is in harmony with the laws that live in society, so that legislation as a positive law will have effective force if it is formulated or composed based on living laws. There is a need to revise Law Number 12 of 2011 concerning the Establishment of Laws and Regulations on Content Materials, which must cover the previous sociological aspects. Finally, the resulting laws have no impact or usefulness for the community, so the legal products made are not in accordance with the needs of the community.
Bank's Responsibility for Mistakes Made by Outsourced Workers Djokdja, Galang Ramadhan; Laturette, Adonia Ivone; Angga, La Ode
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.v5i2.3439

Abstract

Introduction: In terms of national development, especially in the field of employment, Indonesia prioritizes achieving the greatest possible welfare for the working community. Every citizen has the right to obtain decent work as regulated in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia as the Constitutional Basis of the Republic of Indonesia, which states.Purposes of the Research: The purpose of this study is to find out and analyze the banking party's responsibility for errors made by outsourcing workers. This study helps in seeing the procedures and Banking Responsibility for Errors Committed by Outsourced Workers.Methods of the Research: The research method used in this writing is normative research methods. Thus, this research collects data using library research, namely in the form of scientific materials such as legislation, books, official documents, publications and research results.Results Main Findings of the Research: Based on Article 29 of Financial Services Authority Regulations Number 1/POJK.07/2013 concerning consumer protection in the financial services sector, which states that financial service business actors or banks are obliged to be responsible for customer losses arising from errors and/or negligence of workers, both permanent workers and outsourced workers. financial service business actors and/or third parties working for the interests of financial service business actors. However, if the customer's loss arises from the customer's own error and/or negligence, the bank is not responsible for the loss.
The Authority of the Acting Regent in the Process of Mutation of Acting Primary High Leaders Siwalette, Anthoni; Saptenno, Marthinus Johanes; Bakarbessy, Andress Deny
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.v5i2.2146

Abstract

Introduction: The Acting Regent and Acting Mayor in carrying out their duties obtain permission from the Minister of Home Affairs to carry out Mutation and Rotation of Civil Servants for Primary High Leadership Positions and for Administrator Officials, the main thing that is considered and the reason for the Acting Regent to carry out mutations and rotations according to him, is so that the implementation of local government can run more effectively, but this policy reaps many pros and cons.Purposes of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Methods of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Results Main Findings of the Research: The authority of the Regional Government in appointing Primary High Leadership Positions is regulated by Law Namber 23/2014. Meanwhile, the prohibition on Acting Regional Heads from transferring employees is regulated in Law Number 5 of 2014 concerning State Civil Apparatus, Article 130A, Article 130, so that Regent Officials in making employee transfer decisions have legal consequences. Furthermore, the legal consequences of the policy of the Acting Regent of West Seram Regency in carrying out employee transfers are inappropriate.
Consumer Protection in the Use of Traveloka Paylater Litaay, Elsina Agustina Minely Litaay; Tjoanda, Merry; Kuahaty, Sarah Selfina
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.v5i2.2135

Abstract

Introduction: In the current era of economic globalization, the growth of the business world requires balanced support between consumer protection and business actors, especially in the context of technology that is increasingly developing, one of which is financial technology.Purposes of the Research: The research aims to analyze and discuss the legal protection that consumers get in the use of Traveloka Paylater as well as to examine and analyze the liability of Traveloka Paylater if consumers are harmed in the use of paylater.Methods of the Research: The research method used is with the type of normative legal research and the research approach of legal concept analysis with the Library Research collection technique.Results Main Findings of the Research: The findings of the study show that the Form of Legal Protection for consumers who use traveloka paylater is carried out through the provision of Information and Consumer Protection through the provision of Clear and Comprehensive Terms and Conditions, making a Refund and Transaction Cancellation Policy as a Form of Consumer Protection in the face of unwanted or problematic situations, a Fair and Transparent Dispute Resolution Mechanism is a means of legal protection that important to consumers. Traveloka's liability if consumers are harmed in the use of paylater is strict liability. Traveloka in this case has an obligation to be responsible through compensation to consumers This refers to the principle of absolute liability (Strict Liability), which no longer questions about whether or not there is a fault, but business actors are directly responsible for the losses experienced by consumers.
Legal Protection for Land Certificate Holders in the Complete Systematic Land Registration Program Gaspersz, Frans Gerald Yacob; Berlianty, Teng; Uktolseja, Novyta
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER (in progress)
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2238

Abstract

Introduction: Soil is not only a means of food production but also symbolizes social status. The Complete Systematic Land Registration Program (PTSL) is an effort to achieve legal certainty, although it still faces various obstacles such as lack of public awareness, land disputes, unclear village boundaries, and abuse of authority.Purposes of the Research: This research aims to study, analyze, and determine the legal certainty of complete systematic land registration (PTSL) as well as the legal strength of land rights certificates in the complete systematic land registration (PTSL) program.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results Main Findings of the Research: The research results show that although the PTSL program aims to provide legal certainty for land rights holders, in reality, many certificate holders still face various obstacles such as administrative inefficiencies, unclear land boundaries, abuse of authority, and overlapping ownership claims, which result in a lack of assurance and legal protection for land certificate holders. The land rights certificates issued through this program, which are supposed to be strong legal protection instruments, often become sources of uncertainty and problems because they can be disputed by other parties claiming rights to the same land, thereby rendering the land certificates legally weak.
Legal Protection for Parking Service Users to Standard Agreements Containing Exclusion Clauses Utama, Eka Satya Kartika; Tjoanda, Merry; Kuahaty, Sarah Selfina
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER (in progress)
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2234

Abstract

Introduction: The high mobility of society can be seen from the increasing number of vehicles. These vehicles certainly need a place to park, because it is impossible to use them continuously without being parked. However, in the managementof parking lots, parking managers still include exoneration clauses, both on parking tickets and at parking locations.Purposes of the Research: Review and analyze the legal protection of parking service users who apply an exoneration clause.Methods of the Research: This research is a normative legal research, using a statue approach and conceptual approach. The sources of legal materials used a primary, secondary, and tertiary legal material, then analyzed qualitatively.Results Main Findings of the Research: The form of legal protection for users of parking services containing an exoneration clause is to give protection to the fulfillmaent of consumer rights as users of parking services, where the parking management is obliged to ensure the safety of vehicles parked in parking facilities and is responsible for providing compensation in case of damaged or loss. If the parking management continues to violate the law, sanctions will be imposed, both administrative and criminal sanctions.
The Existence of an Integrated Law Enforcement Center in the Settlement of General Election Crimes at the General Election Supervisory Agency Supusepa, Melky Iron; Toule, Elsa Rina Maya; Supusepa, Reimon
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER (in progress)
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2220

Abstract

Introduction: The existence of Gakkumdu as an integrated law enforcement center has an important role in handling election crimes which aims to equlize understanding of the handling of election crime violations by Bawaslu, the Police and the Prosecutor’s office. The presence of Gakkumdu as a manifestation of judicial power which is given attribution authority by  Law Number 7 07 2017 cncerning Election is a bright spot for legal certainly regarding the handling of criminal election violations; however, Gakkumdu’s authority is not yet completely independent in handling election criminal violations because it it still tied to the respective agencies of origin so that sectoral subjectivity and ego can sometimes influence decision regarding handling election criminal violations.Purposes of the Research: Examining and explaining the existence of the Integrated Law Enforcement Center (Gakkumdu) in resolving election crimes in the Tanimbar Islands Regency and reviewing and explaining the factors that influence the resolution of election crimes in the Tanimbar Islands Regency by the Integrated Law Enforcement Center (Gakkumdu).Methods of the Research: The Research method used is empirical legal research. Research approaches are a case approach, a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials and secondary legal materials. Techniques for collecting legal materials through documentation studies and field research and then analyzed through persepective using qualitative methods.Results Main Findings of the Research: The expected result I that when talking about alleged criminal election violations, that hope is in the hands of the Gakkumdu Center, the election supervisory institution only as an entry point, the analysis and subsequent decisions rest on the shoulders of the Gakkumdu center (Election supervisor, Police and Prosecutor’s Office) and on their shoulders. Hopefully there is still a glimmer of hope for the enforcement of election crimes in Indonesia.

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