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Yohanes Michael
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Program Pascasarjana Universitas Pattimura, Kampus Unpatti, Jalan. Dr. Latumeten, Ambon, Maluku 97166, Indonesia.
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PAMALI: Pattimura Magister Law Review
Published by Universitas Pattimura
ISSN : -     EISSN : 27755649     DOI : https://doi.org/10.47268/pamali
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 139 Documents
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Law Enforcement Against Destructive Fishing Crimes at the Regional Marine Police Directorate Tuasuun, Ronald; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.2217

Abstract

Introduction: Destructive fishing activities carried out by fishermen generally use explosives (fish bombs), and the use of toxic materials to catch fish. The use of these materials results in damage to coral reefs and the surrounding ecosystems. Therefore, the role of the Directorate of Marine Police of the Maluku Police is needed in law enforcement of the crime of destructive fishing.Purposes of the Research: The purpose of this research is to study and analyze law enforcement against the crime of destructive fishing at the Directorate of Marine Police of the Maluku Police.Methods of the Research: The research method used is a type of normative juridical research, which uses a legal approach, a conceptual approach and a case approach. The source of legal materials is primary legal materials and secondary legal materials, the collection of legal materials through literature studies, processing and qualitative analysis of legal materials.Results Main Findings of the Research: The results showed that law enforcement of destructive fishing crimes carried out by the Directorate of Marine Police of Maluku Police is currently maximized and running well in accordance with applicable legislation. However, in law enforcement against destructive fishing, there are several factors that influence law enforcement, namely the legal factors themselves (laws and regulations); law enforcement factors; factors of facilities and facilities that support law enforcement; community factors.
Transparency Disparities in the Social Health Insurance System: The Rights of Social Security Agency Patients to Cost Details in the Indonesian Case-Based Groups System Aida, Lutfi Nur; Suwandi, Nur Ainy Amira Puspitaning; Rato, Dominikus; Ohoiwatun, Y A Triana
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3460

Abstract

Introduction: There is an information disparity between Social Security Administration Agency patients and independent patient, where Social Security Administration Agency patients do not gget detail of service fees because the INA-CBG (Indonesia Case Based Groups) payment system is based on the diagnosis group, white independent patients get a complete cost receipt.Purposes of the Research: The Purpose of this study is to analyze the inequality of information transparency in the National Health Insurance system, especially related to the rights of Social Security Administration Agency patients to the details of service fees in the INA-CBG payment system. BPJS patients do not get details of costs like independent patients even though the use the same health facilities and evaluate the impact of the absence of such information on patients’ rights to transparency and accountability of health services.Methods of the Research: The research method used is normative juridical, namely legal research concucted by examiningliterature materials consisting of primary legal materials, secondary legal materials and tertiary legal material. This research uses a statute approach and an analyrical approach.Results Main Findings of the Research: The absence of detailed costs for Social Security Administration Agency patients has the pontential to violate the right to public information and consumer protection, which ultimately weekens the position of patients in objecting to the healt services received. This alsi reduces transparency and accountability in the implementation of the National Health Insurance, thereby hindering efforts to evaluate and improve the health service system for the community.
The Application of E-Court by the Panel of Judges in the Perspective of Civil Procedure Law Rahmat, Rifki; Akib, Ma'ruf; Umar, Wahyudi
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3353

Abstract

Introduction: The development of information technology has brought very significant changes in various sectors, including the legal system in Indonesia. To realize the principles of fast, simple and low-cost justice, the Supreme Court of the Republic of Indonesia issued Supreme Court Rules Number 1 of 2019 as amended by Supreme Court Rules Number 7 of 2022, in response to the demands of efficiency, transparency, and accessibility in the judicial process. However, in its implementation, there are limitations and challenges in the Supreme Court Rules.Purposes of the Research: This research aims to explore and understand e-court regulations and examine the challenges in the implementation of e-courts in the Indonesian judicial system.Methods of the Research: Using normative legal research methods with Statute approach and conceptual approach.Results Main Findings of the Research: The results of the study show that the legal basis of the panel of judges in the implementation of e-court lies in article 6 paragraph (8) and article 20 of Supreme Court Rules Number 1 of 2019 as amended by Supreme Court Rules Number 7 of 2022, as well as other legal principles that serve as guidelines for the panel of judges in the implementation of e-court. However, the use of ecourt in resolving cases electronically is not optimal, this is because there are a number of obstacles such as limited facilities and infrastructure, lack of understanding from law enforcement officials and the public about e-court, as well as legal regulations that have not been effective and other problems.
The Binding Power of Teraupetic Agreements Reviewed from Health Law Fadhillah, Farhan; Sudirman, Sudirman; Hamzah, Ismi Fadjriah
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3342

Abstract

Introduction: The enactment of Law Number 17 of 2023 concerning Health has brought a paradigm shift in the arrangement of therapeutic agreements between health workers and patients.Purposes of the Research: This study aims to analyze the binding power of therapeutic agreements by focusing on the legal position of the exoneration clause in informed consent and examining the form of settlement for patient losses.Methods of the Research: Using normative legal research methods with Statute approach and conceptual approach.Results Main Findings of the Research: This study reveals that therapeutic agreements have binding power based on the principle of adequate informed consent. However, the exoneration clause in informed consent faces stricter legal restrictions based on Law Number 17 of 2023, especially related to the expanded responsibility of hospitals. The research concludes that the binding power of therapeutic agreements must be balanced with the protection of patients' rights, and effective dispute resolution mechanisms are needed to ensure fairness for all parties.
Dynamics of Legal Issues in Village Head Elections in Sampang District Ansori, Ansori; Fajar, Mohammad Ibnu
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3280

Abstract

Introduction: The implementation of village head elections in Sampang district has become an important value for the village community to determine the direction of development in the village. However, despite its strategic value, the implementation of village head elections is often characterized by various problems that can hinder the local democratic process.Purposes of the Research: The purpose of this study is to analyze the problems, solutions and impacts of problems in the elections in Sampang district.Methods of the Research: The research method is to use empirical juridical research methods with legislative approaches, concepts and cases.Results Main Findings of the Research: The results of this study are that there are problems in the election of village heads in Sampang Regency, namely changes in the law on villages, the complexity of local political competition, lack of finance and logistics, the practice of money politics, lack of community participation, weak security and order and the existence of a legal vacuum in resolving disputes over the results of village head elections, these problems have an impact on the lack of public confidence in the election of village heads.
Evaluation of the Implementation of the Complete Systematic Land Registration Program Amin, Muhammad; Mubarok, Asnawi; Pratama, Rio Arif
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3279

Abstract

Introduction: The Complete Systematic Land Registration (PTSL) Program is a national policy aimed at providing legal certainty over land ownership. In Samarinda City, the program’s implementation is vital due to the number of unregistered land parcels and structural, social, and legal obstacles.Purposes of the Research: This study aims to evaluate the implementation of PTSL in Samarinda by assessing its achievements, identifying key challenges, and analyzing its impact on society and regional development.Methods of the Research: This research uses a qualitative descriptive method, with data collected through observation, interviews, and documentation.Results Main Findings of the Research: Findings show that PTSL has made significant progress, with 87% of land parcels registered. This success is supported by local policies such as BPHTB reduction, task force formation, and door-to-door services. However, challenges remain, including overlapping ownership, limited human resources, inheritance disputes, and low public legal literacy. Mitigation efforts include local paralegal training, adjudication mediation, and digital monitoring via the KitaBPN app. The study concludes that PTSL in Samarinda is generally effective and positively contributes to asset legalization and regional economic growth.
Same-Sex Marriage in the National Criminal Code Cahyani, Mutiara Gita; Maskur, Muhammad Azil
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3276

Abstract

Introduction: The complexity of the problems currently faced by society is related to the development of sexual behavior of same-sex intercourse. Reviewed from the health aspect, this act of intercourse has a higher risk of transmitting sexually transmitted diseases compared to general sexual behavior. In addition, this behavior is a sexual deviation that can also be used as means to commit a crime.Purposes of the Research: This study aims to identify, analyze and formulate a criminal policy on same-sex intercourse in the National Criminal Code.Methods of the Research: This research method uses a normative legal research type with a statute approach, a case approach and a conceptual approach. The legal analysis technique in this study was carried out kualitative.Results Main Findings of the Research: This study shows that the Criminal Code still has weaknesses in the elements of criminalization of perpetrators of same-sex intercourse. The weakness is that the National Criminal Code only recognizes limited intercourse only between men and women, related to same-sex indecent acts that can be subject to criminalization if carried out under certain conditions. The solution needs to be formulated to expand the norms and create specific regulations (lex specialis) related to these acts. This is to maximize criminalization not only as a repressive means but also as a preventive measure against same-sex intercourse which is categorized as a criminal act.
Law Enforcement for Lawyers Committing Contempt of Court in The Criminal Justice System in Indonesia with Thailand Haykal, Salman Daffa; Wulandari, Cahya
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3232

Abstract

Introduction: Law enforcement against lawyers as perpetrators of contempt of court in the criminal justice system in Indonesia still faces significant challenges. The contempt of court case between lawyer Razman and Hotman Paris shows that the law enforcement process is still convoluted.Purposes of the Research: To examine the law enforcement against Advocates who commit contempt of court and to compare law enforcement with Thailand.Methods of the Research: This research uses a quantitative juridical-normative method through a statute approach by comparing the legal foundations in the enforcement of contempt of court.Results Main Findings of the Research: The findings indicate that in Indonesia, law enforcement is still convoluted as it goes through the reporting process via the police, then the prosecutor's office, and the court. This is different from Thailand, where Article 33 of the Civil Procedure Code states that a judge can impose a penalty on the suspect without going through the reporting process to the police and so on. Therefore, there is a need for an article that accommodates the law enforcement process for lawyers committing contempt of court during the trial.
Legal Protection for Land Owners Against Land Mafia That Encloses and Cuts Off Access to The Owner’s Land Ganesha, Isamu Gusti Putu Rai; Wijaya, William; Rianda, Juan Safero
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3424

Abstract

Introduction: Landowners hold the right to use and access their land, including the right-of-way. When land mafia enclose a parcel and block road access, it creates a fundamental legal issue concerning the protection of those rights.Purposes of the Research: This study was conducted to analyze the legal protection for landowners who lost their right-of-way due to the land mafia, who enclosed and closed access to their land in Indonesia, forcing landowners to surrender and sell their land at low prices.Methods of the Research: This research will use normative juridical research, employing both a legal and a conceptual approach.Results Main Findings of the Research: The findings reveal that closing road access by enclosing a land parcel with the intent to coerce the owner into selling their property constitutes an unlawful act subject to both civil and criminal sanctions. Legal protection for landowners is provided through several mechanisms: they may file a civil lawsuit on the grounds of unlawful conduct to seek compensation for damages and restoration of their right-of-way. In addition, the perpetrator (commonly referred to as a land mafia) may also face criminal prosecution for land encroachment, allowing the state to impose penalties aimed at deterring further violations. Through this combination of civil remedies and criminal enforcement, landowners receive both restorative and punitive legal protection.
Investment Law in Papua: Between Regulatory Certainty and Protection of Indigenous Peoples' Rights Wamafma, Wamafma; Sasea, Enny Martha; Ekakusumawati, Enni; Mukhlis, Muhammad Mutawalli
PAMALI: Pattimura Magister Law Review Vol. 5 No. 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3453

Abstract

Introduction: Investment in Papua is a strategic instrument for promoting regional development and improving community welfare. However, in practice, it often causes tension between regulatory certainty for investors and the protection of indigenous peoples' rights to land and natural resources.Purposes of the Research: This study aims to analyze the legal framework for investment in Papua, identify normative conflicts that arise between national regulations and the recognition of indigenous peoples' customary rights, and evaluate the effectiveness of existing legal instruments in ensuring legal certainty and social justice.Methods of the Research: The method used is normative legal research with legislative, conceptual, and case-based approaches.Results Main Findings of the Research: The results show that although national investment regulations have guaranteed legal certainty, their implementation in Papua still faces obstacles in the form of overlapping norms and weak implementation of indigenous peoples' rights protection. Therefore, harmonization of investment regulations with customary law is needed through an inclusive and justice-based approach, so that the interests of development and the protection of indigenous peoples can be balanced.

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