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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 151 Documents
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Application of Restorative Justice in the Settlement of Minor Offences: Penerapan Restoratif Justice Dalam Penyelesaian Perkara Tindak Pidana Penganiayaan Ringan Putra, Arie Satria; Toule, Elsa Rina Maya; Titahelu, Juanrico Alfaromona Sumarezs
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.2231

Abstract

Introduction: Restorative Justice or often translated as restorative justice, emphasizes the direct participation of perpetrators, victims and the community in the process of resolving criminal cases. Purposes of the Research: It aims to examine the essence of Restorative Justice in the settlement of criminal cases in Indonesia and the application of restorative justice in the settlement of minor persecution criminal cases by Aru Islands Police Investigators. Methods of the Research: Empirical juridical research, the procedure for collecting legal materials is carried out by conducting interviews and observations on legal materials, namely primary and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptive-qualitatively. Results Main Findings of the Research: The principle of Restorative Justice in ordinary persecution cases has been regulated in the internal regulations of the National Police, namely in the National Police Regulation of the Republic of Indonesia Number 8 of 2021 concerning the Handling of Criminal Acts Based on Restorative Justice which in its implementation, especially in cases of criminal acts of persecution, has been carried out well procedurally. Basically, criminal cases can be stopped at the investigation and/or investigation stage based on restorative justice only for criminal acts that are not serious crimes.
Jurisdiction to Overturn the Decision of the Regional Election Commission by the Constitutional Court: Kompetensi Membatalkan Keputusan Komisi Pemilihan Umum Daerah Oleh Mahkamah Konstitusi Souhaly, Risvonda Paulina; Tjiptabudy, Jantje; Nendissa, Renny Heronia
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3317

Abstract

Introduction: The authority of the Constitutional Court to adjudicate disputes about the results of general elections, including the election of regional heads. The Constitutional Court in several of its decisions, especially in resolving disputes over the results of the election of regional heads, tends to exceed the limits of authority that have been determined in laws and regulations. Purposes of the Research: Knowing and analyzing the competence of the Constitutional Court in annulling the decision of the Regional General Election Commission of Sabu Raijua Regency Number: 25/HK/03.1-Kpt/5420/KPU-Kab/2021 and knowing and analyzing the legal consequences of the Constitutional Court Decision Number: 135/PHP. BUP-XIX/2021. Methods of the Research: Normative juridical research, with a research approach is a legislative approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials through literature study and then studied theoretically using the type of analytical descriptive method. Results Main Findings of the Research: The Constitutional Court's decision is final and binding, which means that it must be implemented by all parties and cannot be challenged through other legal remedies such as appeals or cassation. According to state administrative law, even though the Regional General Election Commission is an administrative institution, the decision of the Constitutional Court can immediately cancel the administrative decision of the Regional General Election Commission because it is lex superior to the institution under it, and the legal consequences of the Constitutional Court Decision Number: 135/PHP. BUP-XIX/2021 is a decision of the Regional General Election Commission that determines the couple as the winner to be declared null and void.
Legal Certainty of Court Decisions with Permanent Legal Force: Kepastian Hukum Putusan Pengadilan yang Berkekuatan Hukum Tetap Moenandar, Revandio Hendruno; Laturette, Adonia Ivone; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3325

Abstract

Introduction: The implementation of the execution of court decisions that have acquired permanent legal force (inkracht) is one of the important aspects in upholding justice in Indonesia. However, in practice, many judgments cannot be implemented or executed in a timely manner, especially in civil disputes over land. Purposes of the Research: This research aims to analyze and explain the legal certainty of court decisions that have permanent legal force in accordance with Laws and Regulations Number 8 of 2004 concerning amendments to Law Number 2 of 1986 concerning the General Judiciary and Law Number 48 of 2009 concerning Judicial Power. Methods of the Research: This research is a normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrine in order to answer the legal issues faced. The legal materials used are primary legal materials and secondary legal materials and tertiary legal materials. The problem approaches used in this study are the Statute approach, the conceptual approach and the case approach. Results Main Findings of the Research: Based on the analysis of the executory power of court decisions that have permanent legal force (inkracht van gewijsde) is a fundamental element in ensuring legal certainty, justice, and protection of rights to the object of dispute. However, in practice, many decisions cannot be implemented effectively due to various obstacles, such as resistance from the respondent, intervention from external parties, weak support from law enforcement officials, and the existence of the land mafia. This problem causes legal uncertainty, losses for the winning party, and injures the authority of the judiciary and public trust in the rule of law. This study highlights the case of Determination of Execution Number 22/Pen.Pdt.eks/2018/PN Amb Jo Number 74/Pdt.G/1989/PN Amb as a concrete example of the weak implementation of execution. The author recommends strengthening coordination between institutions, revising regulations to simplify the execution process, imposing strict sanctions on parties who obstruct the implementation of judgments (contempt of court), and legal education to the public to foster awareness of the importance of respecting court decisions. This strengthening is expected to restore public trust in the judicial system and realize real legal certainty.
Characteristics of Progressive Law in the Formation of Regional Regulations Based on the Customary Law Order: Karakteristik Hukum Progresif Dalam Pembentukan Peraturan Daerah Berdasarkan Tatanan Hukum Adat Alkatiri, Hasan; Saptenno, Marthinus Johanes; Pietersz, Jemmy Jefry
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3341

Abstract

Introduction: The existence of indigenous peoples has a life system with its own arrangement and management as local wisdom. One of the functions of the Regional Regulation is to accommodate regional specificity and diversity as well as to channel the aspirations of local communities by remaining in the corridor of the Republic of Indonesia based on Pancasila and the 1945 Constitution as well as a means of development in improving regional welfare. However, what happens is that the regional regulation cannot regulate the order of people's lives based on the laws that live in the community but instead causes polemics and problems in the life of the customary order. Purposes of the Research: Reviewing and analyzing the Formation of Regional Regulations based on customary orders that reflect the characteristics of progressive law. Methods of the Research: Normative Legal Research. The research approach is a legislative approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials through literature studies and then studied theoretically using the type of analytical descriptive method. Results Main Findings of the Research: The results of the study show that the value of the value contained in the order of life of indigenous peoples reflects the dynamics of a life that is safe, comfortable, balanced and meaningful for themselves and the community and the surrounding environment. Various related Regional Regulations in Central Maluku have not fully reflected the value of the customary order that has long lived and developed in indigenous peoples.
Financial Services Authority's Responsibility for Supervision of Market Conduct in Financial Services: Pertanggungjawaban Otoritas Jasa Keuangan Terhadap Pengawasan Perilaku Pasar (Market Conduct) Pada Jasa Keuangan Urath, Imelda; Tjoanda, Merry; Haliwela, Nancy Silvana
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3377

Abstract

Introduction: The Financial Services Authority has, in fact, not been properly implemented in its authority and supervision functions, especially related to the resolution of complaints and the imposition of sanctions on financial service actors for violations that are detrimental to consumers. Purposes of the Research: To examine the form of accountability of the Financial Services Authority in supervising market conduct and evaluating the effectiveness of the implementation of supervision in providing legal protection to consumers who suffer losses. Methods of the Research: Normative juridical methods, which are studied based on positive legal provisions, as well as legal principles, and use primary, secondary and tertiary legal materials. Results Main Findings of the Research: The results of the study show that in supervising the behavior of market participants, the Financial Services Authority is supported by regulations, both the Financial Services Authority Law and the Financial Sector Development and Strengthening Law. The Financial Services Authority supervises the behavior of market participants, through three layers as a multi-tiered supervision method and four pillars of consumer protection as a form of accountability for the Financial Services Authority in providing protection to consumers and the public who suffer losses in the Nonbank financial services sector. The Financial Services Authority is expected to continue to improve its supervision by using information technology in detecting deviations in the behavior of market participants, as well as increasing accountability in providing protection to disadvantaged consumers.
Implementation of Temporary Procedures and Minimum Standards for Countries That Do Not Ratify the 1951 Convention and the 1967 Protocol: Penerapan Temporary Prtoection dan Standar Minimum Bagi Negara yang Tidak Meratifikasi Konvensi 1951 dan Protokol 1967 Pattiasina, Syenie Angel; Wattimena, Josina Augustina Yvonne; Hanafi, Irma Halima
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3413

Abstract

Introduction: The increasing flow of international refugees due to armed conflict and human rights violations poses challenges for countries that are not participants in the 1951 Convention and the 1967 Protocol, including Indonesia as a transit country. Purposes of the Research: This study examines the implementation of temporary protection by non-party countries and its relation to the fulfillment of minimum human rights standards for international refugees. Methods of the Research: Through descriptive-prescriptive normative legal methods with legal and comparative approaches, it was found that. Results Main Findings of the Research: It was found that temporary protection can be applied by non-party states based on the principle of non-refoulement which is customary international law. There is a close link between temporary protection and the fulfillment of minimum human rights standards; failure to comply with it can be considered a violation of international law. This study suggests the establishment of a national legal framework in Indonesia to regulate international refugees and guarantee their basic rights.
Criminal Accountability in Cases of Threats and Dissemination of Cyber Immoral Content: Realizing Digital Justice for Victims: Pertanggungjawaban Pidana dalam Kasus Ancaman dan Penyebaran Muatan Asusila Siber: Mewujudkan Keadilan Digital Bagi Korban Limantara, Benny Karya; Situmorang, Eko Trisno
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3742

Abstract

Introduction: The rapid development of information and communication technology has changed the landscape of people's lives, making the digital space an essential arena for interaction. However, this progress has also opened a gap for the birth of cybercrime, including threats and the spread of immoral content through electronic media. These crimes not only violate legal norms, but also threaten the privacy, dignity, and psychological condition of victims, thus creating new challenges in realizing justice. Purposes of the Research: To analyze the criminal law arrangements in Indonesia related to criminal acts of threats and the dissemination of immoral content through electronic media, examine the criminal liability of perpetrators based on the Tanjungkarang District Court Decision Number 1056/Pid.Sus/2024/PN Tjk, and evaluate the extent to which the judge's considerations in the decision reflect the principles of digital justice for victims. Methods of the Research: The research uses normative and empirical legal approaches with conceptual study methods, legislative analysis, and case studies. Secondary data (laws and regulations, literature) and primary data (interviews with law enforcement officials) were collected and analyzed qualitatively. Results Main Findings of the Research: The findings show that Indonesia's criminal law, through the Electronic Information and Transaction Law, the Pornography Law, and the Criminal Code, has comprehensively regulated this crime. The criminal responsibility of the perpetrators has been analyzed based on the elements of acts, mistakes, and the ability to be responsible. The Tanjungkarang District Court Decision Number 1056/Pid.Sus/2024/PN Tjk reflects the principle of digital justice by considering the psychological and social impact of the victim and imposing strict penalties. However, the digital justice that is realized is still partial because it does not explicitly include a comprehensive victim recovery mechanism.
Judge's Considerations in Assessing the Continued and Burdensome Theft of Toll Road Barrier Iron: Pertimbangan Hakim dalam Menilai Pencurian Besi Pembatas Jalan Tol yang Berlanjut dan Memberatkan Rusli, Tami; Ristianti, Refi Shely
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3750

Abstract

Introduction: The rampant theft of public facilities, including toll road guardrails, is an unlawful act that causes material losses to managers and has the potential to endanger the safety of road users. The complexity of this crime increases when carried out continuously, magnifying the impact of losses and risks, and causing public unrest that requires stricter supervision of toll road infrastructure. Purposes of the Research: This study aims to analyze the judge's considerations in deciding the case of the theft of toll road barrier iron which is carried out continuously and in incriminating circumstances, based on the study of Decision Number 13/Pid.B/2025/PN Tjk. Methods of the Research: This study uses a normative juridical approach by examining applicable laws, as well as an empirical approach through interviews with investigators, public prosecutors, and judges at the Tanjung Karang District Court. Secondary data were obtained from primary, secondary, and tertiary legal materials, as well as primary data from interviews. Results Main Findings of the Research: The findings show that the legal consequences against the perpetrators in Decision Number 13/Pid.B/2025/PN Tjk are comprehensive and proportional, including detention, imprisonment for 2 (two) years, confiscation and return of evidence, and the imposition of case costs. This is in line with the theory of legal consequences of R. Soeroso, which emphasizes that every criminal event gives rise to rights and obligations for the perpetrator as well as the authority of the state to uphold justice. The judge's consideration in deciding this case has met the elements of continuing and incriminating theft, including the analysis of evidence, trial facts, social impact, and aggravating and mitigating circumstances. This finding is in line with the theory of consideration of judge Sudikno Mertokusumo in balancing legal certainty, justice, and benefits for the defendant and the community.
Enforcement of Distributive Justice in Criminal Accountability of Narcotics Abusers Class I Not Plants: Penegakan Keadilan Distributif Dalam Pertanggungjawaban Pidana Penyalahguna Narkotika Golongan I Bukan Tanaman Simamora, Yulyanti; Pane, Erina
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3759

Abstract

Introduction: The abuse of Class I narcotics that are not plants for personal interests is an unlawful act that has a serious impact on individuals and society. Purposes of the Research: Examine the application of criminal liability against perpetrators of Class I narcotics abuse that is not a plant for personal interests and analyze whether the imposition of criminal sanctions in Decision Number: 70/Pid.Sus/2025/PNTjk has reflected the principle of justice. Methods of the Research: The research method uses a normative and empirical juridical approach, by examining laws and regulations, court decisions, and interviews with judges, police investigators, and the National Narcotics Agency. Results Main Findings of the Research: The results of the study show that the application of criminal responsibility in Decision Number: 70/Pid.Sus/2025/PNTjk has fulfilled the element of criminal responsibility according to Moeljatno's theory, because the defendant is proven to have committed a criminal act with a mistake and without a justifiable or forgiving reason. The imposition of prison criminal sanctions reflects Aristotle's distributive justice in the sense of proportionality, but the justice realized is still juridical-formal because it has not optimized the rehabilitative approach. These findings underscore the importance of a balance between formal legal certainty and substantive justice in handling narcotics cases.
Legal Analysis of The Policy on Remarriage for Couples Who Have Been Married in A Siri Ceremony: Case Study at The Pusakajaya Subang Office of Religious Affairs Budiarto, Budiarto; Kosim, Kosim
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3766

Abstract

Introduction: This article examines the persistence of “nikah siri” (unregistered marriage) in Indonesian society and its legal consequences, particularly the absence of legal certainty for spouses and children. In response to these issues, several Offices of Religious Affairs have implemented a remarry policy as an administrative mechanism to formalize previously unregistered marriages. Purposes of the Research: The purpose of this study is to analyze the juridical basis and implementation of the nikah ulang policy at the Office of Religious Affairs of Pusakajaya, Subang Regency. This research aims to assess its conformity with Islamic law and Indonesian positive law, as well as its effectiveness in ensuring legal certainty for couples previously bound by nikah siri. Methods of the Research: This research employs an empirical juridical method by combining normative legal analysis with field research. Data were collected through observation, in-depth interviews with Office of Religious Affairs officials, and document analysis. The study adopts a qualitative descriptive approach, using statutory, conceptual, and sociological perspectives to analyze the implementation and implications of the remarry policy. Results Main Findings of the Research: This study finds that the remarry policy implemented by the Office of Religious Affairs of Pusakajaya constitutes an adaptive administrative and juridical response to the practice of nikah siri, grounded in the Marriage Law, the Compilation of Islamic Law, and the exercise of administrative discretion. The novelty of this research lies in conceptualizing remarry as a “maslahah-based” non-litigation solution that ensures legal certainty, justice, and utility while strengthening the responsive role of the KUA.

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