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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 139 Documents
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Reforming Digitalizing the Legal System in Indonesia to Confront National and Global Challenges Atabiya, Muhammad Haikal; Purwanto, Ade Candra Kurnia
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3432

Abstract

Introduction: Indonesia, as a state based on law (rechtsstaat), faces increasingly complex challenges in the 21st century, both nationally and globally. Issues such as corruption, regulatory disharmony, weak human rights protection, transnational crime, climate change, global trade, and the rise of digital technology demand a fundamental transformation of the legal system.Purposes of the Research: This study aims to analyze the urgency of reforming and digitalizing Indonesia’s legal system to address national issues while simultaneously harmonizing with international legal standards. The research seeks to identify strategic steps that strengthen law enforcement, simplify regulations, and integrate digital technology into the legal process.Methods of the Research: The research applies a normative legal research method as explained by Peter Mahmud Marzuki, combining three approaches: the statute approach, to examine the 1945 Constitution and other regulations; the conceptual approach, to analyze fundamental legal concepts such as the rule of law and harmonization; and the comparative approach, to assess Indonesian legal practices in comparison with other countries, especially in the fields of digital law, human rights, and international cooperation.Results Main Findings of the Research: The findings indicate that the transformation of Indonesia’s legal system is necessary in four key aspects: (1) regulatory reform to reduce disharmony and overlaps, (2) strengthening law enforcement and eradicating corruption, (3) harmonization of national law with international legal frameworks, and (4) legal digitalization through e-court systems, blockchain, and artificial intelligence. These measures will enhance legal certainty, protect human rights, foster economic development, and improve Indonesia’s role in international diplomacy.
Challenges and Solutions for Law Enforcement in Handling Online Pornography and Prostitution Crimes Hidayat, Sarip
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3397

Abstract

Introduction: The development of digital technology has pushed the emergence of various forms of cybercrime, including criminal acts of pornography and online prostitution which are increasingly rampant in Indonesia. This crime not only impacts the morality of society, but also gives rise to serious challenges in the process of law enforcement.Purposes of the Research: This research aims to identify various challenges faced by law enforcement apparatus in uncovering and handling criminal acts mentioned, as well as offering strategic solutions that can be applied.Methods of the Research: The method used in this study is a normative legal approach with analysis to regulatory legislation, literature studies, and actual cases.Results Main Findings of the Research: Research results show that challenges main covering weakness regulation, limited source Power humans and technology, anonymity of actors in the digital world, as well as lack of Work The same international. To overcome the problem said, legal reform is needed, increasing capacity of law enforcers, utilization of digital forensic technology, as well as a collaborative inter-agency and participation society approach. With a comprehensive and adaptive strategy, it is hoped that law enforcement against criminal acts of online pornography and prostitution can be more effective and sustainable.
The Effectiveness of Immigration Regulations on Visa On Arrival 7 Days in Increasing Foreign Tourist Visits Benardo, Adek Dio; Siadari, Lagat Parroha Patar; Nurkhotijah, Siti
PAMALI: Pattimura Magister Law Review Vol 5, No 3 (2025): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i3.3370

Abstract

Introduction: This article analyzes the effectiveness of immigration regulations on the 7-day visa on arrival (VOA) in increasing international tourist arrivals.Purposes of the Research: The purpose of this article is to analyze the legal framework of the 7-day VOA policy from the perspectives of immigration and tourism, evaluate its implementation in increasing international tourist arrivals in Batam City, and identify obstacles while providing solutions to enhance the effectiveness of the policy.Methods of the Research: The research method employed combines normative juridical and empirical juridical approaches, with data collected through literature studies and field interviews at the Citra Tritunas Immigration Checkpoint in Batam City. It also applies a sociological (socio-legal) approach and theoretical analysis based on the perspectives of Lawrence M. Friedman and Soerjono Soekanto.Results Main Findings of the Research: The research findings indicate that although the 7-day VOA policy has been implemented administratively and supported by valid regulations, its execution remains suboptimal. The main obstacles arise from limited human resources, insufficient socialization, and low legal awareness among tourists. Therefore, it is necessary to strengthen the substance of the policy, enhance the capacity of immigration officials, integrate technology, and promote socialization involving tourism industry stakeholders. In this way, the policy is expected to be not only legally valid but also substantively effective in driving the growth of the national tourism sector.
Implementation of Electronic Traffic Law Enforcement by the Riau Islands Regional Police to Improve Traffic Law Awareness in Batam City Akbar, Muhammad Dzaky; Tan, Winsherly; Nurlaily, Nurlaily
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3760

Abstract

Introduction: Road users' legal awareness of the road itself is a key factor driving the urgency of creating safety and order on the roads. In Batam City, the Riau Islands Regional Police's (Polda Kepulauan riau) implementation of Electronic Traffic Law Enforcement (ETLE) is a means of enforcing traffic laws to increase public awareness and compliance with traffic laws through an electronic ticketing system based on Closed-Circuit Television (CCTV).Purposes of the Research: This research analyzes the implementation of ETLE in Batam City and its effectiveness in terms of increasing legal awareness of drivers, especially in Batam City, as well as various obstacles faced in the implementation of ETLE itself, both problems from the community and problems with law enforcement officers who organize ETLE.Methods of the Research: This research is an empirical legal study. The approaches used in this study are the statute approach and the sociological approach. The statute approach is used to examine the legal basis for implementing ETLE. Meanwhile, the sociological approach is used to understand how the law is applied in practice by the police. The data collection method for this research is through interviews with law enforcement officers, field observations, and analysis of secondary data from related sources.Results Main Findings of the Research: The final results of this research found that the implementation of ETLE implemented by the Riau Islands Regional Police (Polda Kepulauan Riau) in Batam City continues to face significant challenges and has not yet operated effectively. Although ETLE has recorded more than 1.526.013 traffic violations since its implementation, the extremely low rate of ticket resolution only approximately 13.232 offenders fulfilling their legal obligations. One of the main obstacles is inaccurate vehicle ownership data, particularly in cases where vehicles have changed ownership but the name transfer process has not been completed, resulting in violation confirmation letters failing to reach the actual offenders. Furthermore, the very limited number of static ETLE cameras restricts the scope of surveillance and causes many traffic violations to go unrecorded by the system.
Liability for Criminal Acts of Promoting Online Gambling Through Electronic Media Zaini, Zulfi Diane; Hasan, Okta Jaya
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3740

Abstract

Introduction: The development of information technology and social media has had a significant impact on the pattern of public interaction, including the emergence of the crime of promoting online gambling through electronic media. This phenomenon poses serious challenges for criminal law enforcement in Indonesia, especially in determining the criminal responsibility of perpetrators.Purposes of the Research: This study aims to analyze the factors that cause the occurrence of criminal acts of online gambling promotion through electronic media and examine the form of criminal responsibility of perpetrators based on the Tanjungkarang District Court Decision Number 785/Pid.Sus/2024/PN TJK.Methods of the Research: The research methods used are normative juridical and empirical juridical juridical the normative juridical approach is carried out through the study of laws and regulations, legal doctrine, and court decisions, while the empirical juridical approach is carried out through interviews with authorized law enforcement officials.Results Main Findings of the Research: The findings of the study show that the factors causing the occurrence of online gambling promotion crimes include internal factors in the form of intentionality and low legal awareness of the perpetrators, external factors in the form of economic needs and ease of access to social media, as well as combined factors in the form of misuse of information technology advances. Furthermore, the form of criminal responsibility of the perpetrator is based on the fulfillment of the elements of criminal acts, mistakes, the ability to be responsible, and the absence of justifiable or forgiving reasons, as stipulated in the Electronic Information and Transaction Law and the Criminal Code. The judge's decision is considered to have reflected the application of the principle of criminal responsibility in a proportionate and fair manner.
Between Integrity and Digital Crime: An Analysis of Judges' Considerations in the Case of Electronic Document Forgery for the Selection of Candidates for State Civil Apparatus Limantara, Benny Karya; Andriyanto, Andriyanto
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3739

Abstract

Introduction: In every joint of modern life, documents play a vital role as a means of evidence, identification, legitimacy, and a means of transaction. In the midst of an increasingly rapid wave of digital transformation, the modus operandi of document forgery has evolved.Purposes of the Research: Analyzing the criminal law regulations against the falsification of electronic documents in the selection of State Civil Apparatus Candidates (CASN), with a case study of Decision Number 512/Pid.Sus/2024/PN Tjk.Methods of the Research: Using a normative-empirical approach, primary data from interviews with investigators from the Lampung Regional Police, the prosecutor of the Bandar Lampung District Attorney's Office, and the Judge of the Tanjung Karang District Court were combined with secondary data from a literature study of laws and regulations, court decisions, and criminal law literature.Results Main Findings of the Research: The panel of judges in its decision proved the defendant's guilt through five valid evidence (witness statements, experts, letters, instructions, defendant's statements) that were correlated with each other, fulfilling Article 183 of the Criminal Code. Judicial independence is reflected in the penalty of 1 year and 6 months plus an IDR fine. 30 million, lighter than the prosecutor's demand for 4 years who balanced legal firmness with proportionality. The value of integrity is realized through the recognition of violations that maintain the meritocracy of the State Civil Apparatus Candidate, while substantive justice arises from the moderation of sanctions that take into account the context of the case and the character of the defendant. The research recommends improving people's digital literacy, cyber forensic competence of law enforcement officials, and a holistic approach of judges in handling electronic evidence. This study contributes to the discourse of criminal law in the digital era and strengthening bureaucratic integrity.
Criminal Liability for Perpetrators of Embezzlement in Positions in Finance Companies Rusli, Tami; Sholihah, Hulwatus
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3733

Abstract

Introduction: The law on the crime of embezzlement in office that occurs within the financing company, especially at PT CIMB Niaga Auto Finance, as a form of abuse of trust due to weak internal supervision, economic pressure, and opportunities for the perpetrator to carry out his position so as to cause losses to the company and damage moral values and legal certainty.Purposes of the Research: To analyze the factors that cause and criminal responsibility of embezzlement perpetrators in office.Methods of the Research: The research method used is normative and empirical juridical by utilizing primary, secondary, and tertiary legal materials through literature studies and field studies in the form of observations and interviews to obtain data relevant to the research problem.Results Main Findings of the Research: The findings of the study show that the crime of embezzlement in office occurs due to trust factors, economic pressure, and great opportunities due to the weak corporate supervision system. The defendant deliberately abused his position as an employee to control and transfer the company's vehicle to another party, causing significant material losses. The elements of Article 374 of the Criminal Code were legally and convincingly proven, and no excuse or justification was found for the defendant. Therefore, the defendant was sentenced to one year and six months in prison and the evidence was returned to PT CIMB Niaga Auto Finance as a form of legal accountability and enforcement of legal certainty.
Implementation of Value Added Tax Rate Increase Based on Harmonization of Tax Regulations Aprilia, Sinta Ananda Rizqi; Yasir, Muhammad; Labibah, Hanin Alya
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3692

Abstract

Introduction: The implementation of the increase in the Value Added Tax (VAT) rate to 12% based on Law Number 7 of 2021 and its legal implications on the principles of legality and legal certainty in the Indonesian tax system.Purposes of the Research: The objective of this study is to examine the legal basis of governmental authority and to analyze the legal issues arising from the implementation of the 12% Value Added Tax rate increase, particularly in relation to the principles of legality and legal certainty within the Indonesian tax law framework.Methods of the Research: This study employs a normative legal research method using statutory and conceptual approaches. Legal materials are collected through document analysis of statutory regulations and legal literature. The analysis is conducted qualitatively to systematically interpret legal norms, assess their consistency, and evaluate their implications for legal certainty within the Indonesian tax law framework.Results Main Findings of the Research: The findings indicate that the 12% Value Added Tax increase under Law Number 7 of 2021 complies with the principle of legality under Article 23A of the 1945 Constitution. However, its implementation through a Minister of Finance Regulation using an alternative tax base raises legal concerns due to differing effective tax rates, potentially causing legal uncertainty and tax disputes.
The Philosophy of Law in Enforcing Criminal Liability for Nominee Accounts: A Comparative Study of Indonesia and Pakistan Ginting, Beren Rukur; Suarda, I Gede Widhiana; Rato, Dominikus; Anggono, Bayu Dwi; Abbas, Shahzada Rahim
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3654

Abstract

Introduction: The use of nominee accounts is an increasingly prevalent phenomenon in the practice of financial crimes, such as money laundering, tax evasion, and the financing of other criminal acts. The nominee account is basically used to disguise the identity of the actual beneficial owner, thus posing a serious challenge in the enforcement of criminal responsibility.Purposes of the Research: This study aims to analyze the concepts and foundations of legal philosophy, especially justice, legal certainty, and usefulness in the enforcement of criminal liability for the use of nominee accounts in Indonesia and Pakistan, as well as compare the positive legal arrangements that apply in the two countries.Methods of the Research: This research uses normative legal research methods with approaches to legal philosophy, legislation, and comparative law.Results Main Findings of the Research: The findings of the study show that philosophically, the enforcement of criminal liability against nominee accounts in Indonesia and Pakistan is based on efforts to realize substantive justice by penetrating the formalities of legal ownership to reveal the true beneficial owners. From the perspective of legal certainty, both Indonesia and Pakistan still face challenges due to the lack of an explicit and comprehensive regulation of nominee accounts, so law enforcement often relies on the interpretation of other criminal norms, such as money laundering and banking crimes. Meanwhile, from the aspect of utility, regulation and law enforcement of nominee accounts are directed to maintain financial system stability, prevent abuse of the banking system, and protect the interests of the community and the state. Legally positive, Indonesia regulates criminal liability related to nominee accounts indirectly through the Money Laundering Act, banking regulations, and policies related to beneficial ownership, while Pakistan regulates it through an anti-money laundering legal framework and financial sector regulations that emphasize ownership transparency and due diligence obligations. This comparison shows that although the two countries have similar normative approaches, the difference lies in the explicit level of regulation and effectiveness of their implementation. Therefore, it is necessary to strengthen the philosophical foundation and harmonize legal arrangements to ensure the enforcement of fair, definite, and beneficial criminal liability for the practice of using nominee accounts.
Artificial Intelligence (AI) and Information and Communication Technology (ICT) -Based Sand Mining Supervision: A Legal Business and Maqashid Sharia Perspective Ali, Bujang; Loin, Raymundus
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3613

Abstract

Introduction: The supervision of sand mining in Indonesia remains predominantly reliant on manual methods, which are deficient in accuracy, transparency, and effectiveness. The integration of Artificial Intelligence (AI) and Information and Communication Technology (ICT) presents an opportunity to establish a more equitable and sustainable oversight system.Purposes of the Research: This research aims to analyse the integration of AI-ICT in the supervision of sand mining in Ketapang from the perspectives of business law and maqashid syariah.Methods of the Research: This study employs a qualitative approach, utilising literature reviews, analysis of national and regional regulations, and an examination of maqashid syariah. Data are collected through legal documents, academic articles, and policy reports, and subsequently analysed using descriptive-analytical methods. Triangulation techniques are employed to ensure data validity and consistency of findings.Results Main Findings of the Research: The results of the research indicate that the integration of AI-ICT can enhance the accuracy of detecting mining activities, strengthen legal compliance, and support maqashid syariah values such as environmental protection and social justice. However, the study also identifies limitations related to digital infrastructure and the absence of specific regulations concerning the utilisation of AI-ICT within the mining sector. The integration of AI-ICT has the potential to create a more transparent, accountable sand mining supervision system that aligns with the principles of sharia justice. These findings are significant as a foundation for policy recommendations and regulatory enhancements to support the digital transformation of the mining sector.

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