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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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Civil Liability of Influencers in Endorsement Contracts Baskara, Septian Adhy; Akib, Ma'ruf; Umar, Wahyudi
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.v6i1.3582

Abstract

Introduction: The rapid expansion of digital technology has transformed marketing practices and created a contractual ecosystem involving influencers as key promotional actors. This shift has generated distinctive legal issues concerning contract formation, consumer protection, and electronic information governance.Purposes of the Research: Examining the civil liability of influencers in endorsement contracts and analyzing the legal position of influencers in Indonesia's digital contractual ecosystem.Methods of the Research: This study employs a normative legal research method using statute, conceptual, and analytical approaches by examining provisions within the Civil Code, the Electronic Information and Transactions Law, and the Consumer Protection Law.Results Main Findings of the Research: The findings demonstrate that influencer liability in endorsement agreements is multilayered, covering both contractual (wanprestasi) and tort-based (onrechtmatige daad) responsibilities. The study also reveals the emergence of a digital-era duty of care requiring influencers to verify product legality and ensure truthful promotional content. This contributes to a modern reconstruction of contract doctrine in Indonesia’s digital economy.
Simplification of Business Licensing in the Capital City of Nusantara Nurini, Dyah Tutut Ika; Vitasari, Elly Vivi; Hadiyantina, Shinta; Kusuma, Ariska Cesar Divian Candra
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.v6i1.3559

Abstract

Introduction: This article analyzes the regime of business licensing facilitation in the Capital City of Nusantara (IKN) as mandated by the vision of IKN under Law Number 21 of 2023 on the Amendment to Law Number 3 of 2022 on the State Capital. The development of IKN holds both urgency and strategic significance for the national economy, thus requiring special policies that provide business licensing facilitation for entrepreneurs and investors.Purposes of the Research: The purpose of this study is to examine the underlying rationale for granting business licensing facilitation in IKN and to identify its specific forms through the policy of business licensing simplification.Methods of the Research: The research employs a normative juridical method using both the statute approach and the conceptual approach.Results Main Findings of the Research: The findings indicate that the rationale for facilitating business licensing in IKN can be viewed from three main aspects: ensuring clear legal certainty for every investment activity, reducing administrative barriers, and providing non-fiscal incentives to investors. These facilitation measures are implemented by the government through the simplification of business licensing procedures, starting from the fulfillment of basic licensing requirements to the commencement of business operations. The simplification of business licensing in IKN reflects the government’s commitment to promoting ease of doing business and providing incentives for business actors, while simultaneously supporting the acceleration of investment and infrastructure development by minimizing administrative burdens and licensing costs at the early stages of project implementation.
Criminal Policy on Narcotics Crimes in Maluku as an Archipelago Province Suhardiman, Suhardiman; Toule, Elsa Rina Maya; Taufik, Iqbal
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.v6i1.3336

Abstract

Introduction: Maluku Province, as an archipelagic region, is highly vulnerable to narcotics trafficking and abuse. Its strategic yet remote location makes it a potential route for illicit drug distribution. The growing spread of narcotics poses a serious threat to youth and legal order, requiring comprehensive and contextual criminal policy responses.Purposes of the Research: This study aims to analyze the criminal policy in addressing narcotics crimes in Maluku Province and to identify the influencing factors.Methods of the Research: The research applies both normative and empirical juridical methods. Data were collected through document analysis of laws and legal literature, as well as interviews with law enforcement authorities and related agencies in the region.Results Main Findings of the Research: The findings reveal that current criminal policies in Maluku face substantial challenges, including limited infrastructure, lack of qualified personnel, and weak inter-agency coordination. The archipelagic geography itself emerges as a significant barrier to effective law enforcement. This study offers a novel contribution by mapping these island-based structural constraints and proposing an integrated criminal policy model that combines penal and non-penal approaches—such as legal education, community empowerment, and rehabilitation. This framework holds potential for broader application in other archipelagic or remote regions of Indonesia.
The Legal Strength of the King's Recommendation as a Condition for the Candidacy of the Head of Ohoi and/or Finua in Tual City Reniuryaan, Abd Kadir; Pietersz, Jemmy Jefry; Matitaputty, Merlien Irene
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.v6i1.3321

Abstract

Introduction: Tual City is one of the cities in Maluku Province that still applies local wisdom in daily life, one of which is in terms of the election of the Village Head. The basis for the implementation of the village head election by applying local wisdom is based on the establishment of several Regional Regulations that change the status of the village to a customary village called Ohoi and/or Finus, this certainly has an impact on the requirements for the nomination of village heads, one of which is to get the King's Recommendation.Purposes of the Research: The purpose of this article is to examine and analyze the legal force of the king's recommendation as a requirement for nominationas head of ohoi and/or finua in Tual City.Methods of the Research: This research is normative juridical research. This type of research is descriptive analysis. Supporting data and information are then identified and then systematized for interpretation and arguments are given to reach conclusions about the problem.Results Main Findings of the Research: The results of this study indicate that the Legal Power of the King's Recommendation in the Nomination of Village Heads Recommendations given by the traditional king in the process of nominating village heads in Tual City have a strong legal standing, both from the perspective of customary law and positive law. In the Larvul Ngabal customary system, the traditional king is the highest leader who has the authority to give approval to village head candidates who are deemed to meet the criteria of customary values and social harmony. Formally, this recommendation is recognized by the local government through regional regulations and is strengthened by the provisions of Law Number 6 of 2014 concerning Villages. Dynamics and challenges of implementation Although legal recognition has existed, the practice of implementing the king's recommendations still faces various challenges, such as differences in interpretation of authority between traditional institutions and the formal government, potential conflicts of interest, and social changes that influence community perceptions of the role of customary law.
The Position and Function of the Election Supervisory Agency in the Indonesian Constitutional System: A Case Study of the Dispute Over the 2024 Presidential and Vice Presidential General Elections Sebastian, William Markus; Tjiptabudy, Jantje; Bakarbessy, Andress Deny
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.v6i1.2812

Abstract

Introduction: Elections are vital in democracy, enabling people to choose leaders. In Indonesia, the General Election Supervisory Body (Bawaslu) ensures transparency, integrity, and fairness in every election stage, nationally and regionally. Its role is crucial for overseeing the 2024 Presidential and Vice-Presidential Elections to guarantee free and fair processes.Purposes of the Research: This study aims to analyze Bawaslu's legal standing within Indonesia's constitutional framework and evaluate the supervisory mechanisms implemented by Bawaslu for the 2024 Presidential and Vice-Presidential Elections.Methods of the Research: The study adopts a normative juridical approach by examining various relevant laws and regulations, particularly Law Number 7 of 2017 on Elections. Additionally, a case study approach is utilized to gain a deeper understanding of the challenges faced by Bawaslu in performing its oversight duties.Results Main Findings of the Research: This study finds that Bawaslu's legal standing as an independent election oversight institution is clearly established in Law Number 7 of 2017. Despite its authority to address violations, challenges like evidence sufficiency and bias allegations persist, often escalating cases to the Constitutional Court. Reforming oversight mechanisms is essential to strengthen accountability and public trust in elections.
Legal Protection of Consumers' Personal Data in Information Technology-Based Loan and Borrowing Agreements Sopaheluwakan, Erlin Philein; Berlianty, Teng; Pesulima, Theresia Louize
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.v6i1.2273

Abstract

Introduction: In the field of digital economy transactions, especially information technology-based loan and borrowing agreements, the importance of personal data is increasing. Even so, consumer data protection is still not adequately handled, raising concerns about the many cases of personal data breaches that actually cause losses to consumers with illegal access to consumer personal data. The birth of the Personal Data Protection Law and various regulations related to personal data protection and information technology-based lending and borrowing services is a serious step by the government to provide protection and security of consumers' personal data.Purposes of the Research: This research aims to examine and analyze the legal protection of consumers' personal data in information-based lending agreements, as well as the legal implications of the dissemination of consumers' personal data in technology-based lending agreements.Methods of the Research: The method used in this research is the normative juridical method with a legislative approach and a conceptual approach. The legal materials used are primary, secondary, and tertiary legal materials. These legal materials are analyzed qualitatively to address the issues being studied.Results Main Findings of the Research: The research results show that legal protection of consumers' personal data in technology-based lending agreements in Indonesia is currently well-regulated through Law Number 27 of 2022 on Personal Data Protection (PDP Law) and various related regulations. Although these regulations are comprehensive, their implementation still faces various challenges, particularly regarding the awareness and understanding of business actors and consumers about the importance of personal data protection. Supervision by the Financial Services Authority (OJK) and related institutions needs to be strengthened, and improvements in technology infrastructure and human resources are required to support effective implementation. Legal implications of personal data breaches affect both consumers and business actors. Consumers' rights to security and comfort are not met due to personal data breaches. Business actors who do not comply with their obligations and responsibilities regarding the protection of consumers' personal data may face various legal implications, such as loss of consumer trust, financial losses, administrative and criminal sanctions, service termination by the government, and a decrease in company value.
Responsibility of the Land Assessor for the Results of the Assessment in Land Procurement Ameliyani, Riza; Laturette, Adonia Ivonne; Latupono, Barzah
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.v6i1.2270

Abstract

Introduction: The process of assessing land acquisition for the public interest by the appraisal whose price is then deliberated and determined as the value of the amount of compensation, but there is a lack of transparency in determining the amount of compensation by the appraisal. Where appraisal is an independent institution.Purposes of the Research: The purpose of this article is to review and analyze the form of land appraiser's accountability in assessing land values for public interest.Methods of the Research: This study uses normative legal research. As primary legal materials, namely the 1945 Constitution of the Republic of Indonesia, Law Number 5 Number 1960 concerning the Basic Agrarian Law, Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Development in the Public Interest, Government Regulation Number 39 of 2023 concerning the Implementation of Land Acquisition for Development in the Public Interest.Results Main Findings of the Research: This study concludes that the legal force of the results of the public appraiser's assessment report in land acquisition for public interest is final, meaning that the government and/or agencies that require land owned by the community pay according to the assessment results and close the space for deliberation regarding the amount and quantity, limited to deliberation regarding the form of compensation (Article 31 paragraph 1 and Article 34 of Law Number 2 of 2012). Meanwhile, the responsibility of land appraisers in assessing land values that are not in accordance with the principles of land acquisition that can harm one party and cause disputes between the parties involved in it can be subject to administrative sanctions and/or criminal sanctions.
Law Enforcement Against Indonesian National Army Soldiers Who Committed the Crime of Desertion in Military Trials Raprap, Stany; Titahelu, Juanrico Alfaromona Sumarezs; Supusepa, Reimon
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.v6i1.2266

Abstract

Introduction: Military crimes are actions committed by the legal subject, namely the military and are called pure military crimes (zuiver militaire delict), where the criminal act is only committed by a military person, because it is special to the military. Criminal acts committed by soldiers of the Indonesian National Army are purely military based on regulations related to the military. One of the criminal acts that is categorized as pure criminal acts is desertion. As stipulated in Article 87 paragraph (1) of the Military Criminal Code. An Indonesian National Army soldier can be sentenced to discipline, imprisonment and dismissal from service.Purposes of the Research: This study aims to find out the law enforcement process for TNI soldiers who commit the crime of desersi, and the legal consequences if an Indonesian National Army soldier who is examined in absentia in a case of criminal displacement.Methods of the Research: This study uses a normative juridical research method, which aims to determine the law enforcement process against Indonesian National Army soldiers who commit desertion crimes, and the legal consequences if an Indonesian National Army soldier who is examined in absentia in a desertion crime case.Results Main Findings of the Research: The Indonesian National Army who commit the crime of desertion cannot be resolved through military disciplinary law but must be resolved through a court hearing. Therefore, the one who has the right to prosecute the crime of desertion is the Military Judge in the Military Criminal Justice System guided by the Military Criminal Code and laws and regulations related to military justice and its sanctions, the second is the legal consequence if an Indonesian National Army soldier who is examined in absentia in a case of desertion cannot file a defense and cannot present evidence as it should, so the Panel of Judges agrees and agrees with the Military Inspectors to examine and decide this case in absentia.
Handling Illegal Levy at Yos Sudarso Port Ambon Zainuddin, Zainuddin; Hehanussa, Deassy Jacomina Anthoneta; Adam, Sherly
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.v6i1.2215

Abstract

Introduction: The widespread practice of extortion penetrates various areas of life in providing services, one of which is extortion in the fields of transportation, shipping and trade at the Yos Sudarso Ambon port in terms of loading and unloading (stevedore, longshoreman, dockworker) where the shipping company (Tanto, Temas, Meratus and Spil) do not have the right or authority to collect the stupping/stripping (loading and unloading) fees paid by JPT or PBM, however, the bill for the stupping/stripping fees is still collected by the shipping company to this day.Purposes of the Research: Analyze and formulate the penalties for illegal levies that are not based on law. Analyze and discuss efforts to handle illegal levies at Yos Sudarso Port, Ambon.Methods of the Research: Empirical research with the Yos Sudarso Ambon port research location.Results Main Findings of the Research: Levies that are not based on legal regulations are criminal acts as regulated in article 423 of the Criminal Code and article 12 letter e of the Corruption Eradication Law and constitute behavior or acts against the law, exceeding authority, using authority for purposes other than those for which the authority is intended. as regulated in Law Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia. Handling efforts that can be carried out through several stages are that the government needs to provide clear boundaries regarding the position of illegal levies as a qualification for criminal acts as a law enforcement step and criminalize illegal levies as a criminal act of corruption as mandated by UNCAC 2003 which has been ratified based on Law Number 7 In 2006, it became the basis for efforts to handle illegal levies at Yos Sudarso Ambon port.

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