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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 155 Documents
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Consistency and Disparity of Verdicts in Corruption Crimes: Comparative Court Decisions on Bribery Cases Madjid, Abdul; Putra, Dony Setiawan
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.v6i2.3769

Abstract

Introduction: Corruption, particularly bribery, remains a major issue in Indonesia, impacting not only the economy and the country's finances but also undermining public trust in state institutions. Bribery within government creates social inequality and hinders development aimed at achieving a fair and prosperous society. Despite existing regulations aimed at combating corruption, inconsistencies in sanctions and disparities in court decisions remain significant problems. Purposes of the Research: The purpose of this study is to identify whether the reality of court rulings in bribery cases in 2013 and 2023 reflects the goals outlined in Law Number 20 of 2001 on the eradication of corruption, and to analyze whether there is any disparity in these rulings caused by different judicial considerations. Methods of the Research: This research employs a normative legal research method, using statute approach, conceptual approach, and analytical approach. The statute approach is used to analyze the legal provisions in Law Number 31 of 1999 as amended by Law Number 20 of 2001, particularly those regulating bribery offenses. The conceptual approach is used to understand the legal concepts of justice and legal certainty in sentencing. The analytical approach is applied to compare court rulings in 2013 and 2023 and identify any potential disparities. Results Main Findings of the Research: The research reveals that there is a disparity in sentencing for bribery cases, despite the clarity of existing legal provisions. The differences in sentences imposed by judges are influenced by varying judicial considerations, such as the defendant's confession, the return of illicit gains, and the defendant’s role in the case. The study also found that although sentencing guidelines have been implemented, consistency in sentencing needs further improvement. This highlights the importance of enhancing clearer and more structured sentencing guidelines to reduce unwarranted disparities in punishment.
Overcoming Patriarchal Cultural Behaviors That Have the Potential to Increase Stunting Through Child Protection Law: Mengatasi Perilaku Budaya Patriarki Yang Perpotensi Meningkatkan Stunting Melalui Undang-Undang Perlindungan Anak Mau, Ellon Belwan Cornelius; Ekon, Yanto Melkianus Paulus; Rafael, Adriani; Feni, Ewinda Isensi
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.v6i2.3765

Abstract

Introduction: The high rate of stunting in East Nusa Tenggara Province is related to patriarchal cultural practices that affect decision-making patterns in households. The dominance of fathers in determining aspects of child nutrition and health has an impact on the fulfillment of children's rights, especially in North Central Timor Regency. Purposes of the Research: This study aims to analyze the relationship between patriarchal culture and stunting and assess the role of the Child Protection Law in efforts to overcome it. Methods of the Research: This study uses a descriptive normative-empirical legal research method with a qualitative approach through non-participatory observations, direct interviews, and normative studies of the Child Protection Law. Results Main Findings of the Research: The results of the study showed a significant relationship between patriarchal culture and the increase in stunting rates in Noemuti District, North Central Timor Regency. The main findings included maternal dependence on husbands' decisions, low discipline in children's feeding time since pregnancy and breastfeeding, and the phenomenon of double burdens experienced by mothers. These conditions have an impact on the non-optimal fulfillment of child nutrition and health. The Child Protection Law has the potential to be used as a normative, imperative, and repressive instrument through socialization and enforcement of the obligations of parents, especially fathers (in patriarchal culture), in ensuring the fulfillment of children's rights.
The Crime of Entering False Information in the Fiduciary Agreement Deed: The Crime of Entering False Information in the Fiduciary Agreement Deed Putri, Vidianti; Prasetyawati, S Endang
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.v6i2.3767

Abstract

Introduction: The provision of information that is not in accordance with the facts in the formation of a fiduciary guarantee can cause criminal problems when the information becomes the basis for the birth of a financing relationship and causes losses for creditors. Legal problems arise in determining the boundary between contractual failure and criminal acts and proving the intentionality of the perpetrator based on Article 35 of Law Number 42 of 1999 concerning Fiduciary Guarantees. Purposes of the Research: This study aims to analyze the factors behind the provision of incorrect information and examine the construction of the legal considerations of the Panel of Judges in Decision Number: 54/Pid.Sus/2025/PN.Tjk, especially regarding the fulfillment of the elements of criminal acts and criminal responsibility of the defendant. Methods of the Research: The research uses a normative-empirical juridical method. The normative approach is carried out through the analysis of laws and regulations, court decisions, doctrine, and legal theory, while the empirical approach is carried out through interviews with law enforcement officials related to the case. The data is analyzed qualitatively by linking empirical facts with the construction of applicable criminal norms. Results Main Findings of the Research: The research shows that the criminal act in the case is influenced by the interaction of internal factors in the form of intentionality, active role, profit orientation, and low legal compliance with external factors in the form of opportunities in financing mechanisms and the vulnerability of trust-based fiduciary relationships. The judge's consideration rests on the suitability of evidence, the fulfillment of the elements of Article 35, the defendant's mistakes, and the philosophical and sociological considerations of the offense. Conclusion: Criminal liability in this case is mainly determined by the relationship between incorrect information, the birth of financing approvals, the intentionality of the defendant, and the creditor's losses. Therefore, fiduciary law enforcement requires not only formal proof of false information, but also arguments regarding the causal relationship with the birth of the agreement and the criminal fault of the perpetrator.
Regulatory Study on the Comparison of Disciplinary Punishments for Village Officials and Civil Servants Who Are Absent from Work Pamuji, Slamet; Behera, Santosh Kumar
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.v6i2.3827

Abstract

Introduction: Employee discipline is essential to ensuring accountable, professional, and effective governance. In Indonesia, civil servants and village officials perform different functions within the governmental system and are subject to distinct legal regimes. Civil servant discipline is primarily regulated by Government Regulation Number 94 of 2021 concerning Civil Servant Discipline, while village officials are regulated by Law Number 6 of 2014 concerning Villages, as amended by Law Number 3 of 2024. A significant regulatory difference concerns absenteeism and the imposition of dismissal sanctions. Purposes of the Research: This study aims to examine the differences in disciplinary regulation between civil servants and village officials and analyze whether the existing legal framework provides legal certainty, proportionality, justice, and an effective deterrent effect in enforcing discipline. Methods of the Research: This study employs normative juridical research using statutory, conceptual, comparative, and analytical approaches. The research examines primary and secondary legal materials, including legislation, legal literature, scholarly books, and academic journal articles concerning disciplinary sanctions for government officials. Results Main Findings of the Research: The findings indicate that the different regulatory regimes governing civil servants and village officials create a disparity in the enforcement of disciplinary sanctions, particularly regarding prolonged absenteeism. Although the different legal statuses and institutional functions of the two categories of officials justify certain distinctions, the existing framework requires greater consistency, proportionality, and clarity in determining disciplinary sanctions. The study proposes regulatory reform through a more coherent and graduated disciplinary mechanism for village officials, including clearer standards for absenteeism, proportional sanctions, procedural safeguards, and stronger enforcement mechanisms. Conclusion.The current regulatory framework has not sufficiently established a coherent and proportionate disciplinary system for village officials. Reform is necessary to strengthen legal certainty, accountability, and deterrence while respecting the distinctive legal status and functions of village government.
Maternity Leave as a Statutory Right for Female Workers in Indonesia: Bridging the Gap between Regulation and Implementation: Hak Cuti Melahirkan sebagai Hak Normatif bagi Pekerja Perempuan di Indonesia: Kesenjangan antara Regulasi dan Implementasi Raharjo, Maruto Wicaksono; Hoesin, Siti Hajati
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.v6i2.3876

Abstract

Introduction: Maternity leave is an essential component of legal protection for female workers because it concerns reproductive protection, employment continuity, and non-discrimination in employment relations. Although Indonesia has established a legal framework governing maternity leave, a gap remains between statutory protection and its practical implementation.Purposes of the Research: This study aims to examine the legal regulation of maternity leave for female workers in Indonesia and identify the principal barriers to its implementation and enforcement.Methods of the Research: This study employs normative legal research using statutory and conceptual approaches. Primary and secondary legal materials are analyzed qualitatively, while previous studies and policy reports are used as supporting evidence to examine implementation-related problems.Results Main Findings of the Research: The study finds that Indonesian law provides a normative basis for maternity leave and protection against discriminatory treatment of female workers. However, its effectiveness is constrained by weak labour-law enforcement and supervision, limited complaint mechanisms, workplace pressure, gender-based stigma, and the weak bargaining position of female workers. Conclusion: Effective maternity protection cannot depend solely on the existence of statutory rights. It requires stronger enforcement and labour inspection, accessible and safe complaint mechanisms, and workplace policies and cultures that support gender equality and the effective exercise of maternity rights.

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