PAMALI: Pattimura Magister Law Review
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.
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107 Documents
<![CDATA[Penundukan Diri Suatu Negara Terhadap Keputusan Penunjukan Uskup Oleh Takhta Suci, Pespektif Hukum Internasional ]]>
<![CDATA[Yustinus Stevanus Yanubi]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.841
<![CDATA[Introduction: The existence of the Holy See is recognized in the international community, especially in matters of religious spirituality to appoint bishops as part of its rights as subjects of international law.Purposes of the Research: This study aims to find out how the existence of the Holy See as a subject of international law in confession by international community, and how the submission of a state in international law to the decision to appoint bishops by the Hole See.Methods of the Research: This study uses a normative legal research method, which aims to find out how the existence of the Holy See as a subject of international law in confession by international community, and how the submission of a state in international law to the decision to appoint bishops by the Hole See.Results / Findings / Novelty of the Research: The existence of the Holy See as a subject of international law is recognized through the recognition of states of the decision to appoint bishops by the Pope. The decision to appoint bishops by the Pope is basically capable of making states submit to themselves. This is reflected in various forms of recognition by states such as positive legal recognition, political recognition, and tacit recognition. In the context of the case with the Chinese government, it can be seen that China has made tacit recognition of the Pope’s authority in appointing bishops. So, that can be firmly said that the recognition is a respect for the rights of the Holy See in accordance with international law.]]>
<![CDATA[Aspek Hukum Pidana Dari Perbuatan Nahkoda ]]>
<![CDATA[Priska Yulianti Wanda]]>;
<![CDATA[Lidia Priscilla Pattiasina]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.840
<![CDATA[Introduction: The legal issues in this writing is whether the act of transporting dangerous goods (B-3) that is not notified to the portmaster about the conditions of transportation can be qualified as a crime and whether the actions of the captain of transporting dangerous goods (B-3) are not appropriate. With the shipping requirements can be asked for criminal liability.Purposes of the Research: This writing aims to find out and analyze the act of transporting dangerous goods (B-3 waste) that does not notify its capacity can be qualified as a crime, as well as discussing criminal responsibility for the actions of the captain who transports dangerous goods (B-3) that do not comply with shipping requirements.Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments.Results of the Research: The findings of this study prove that in the transportation of waste and special goods pays attention to the specifications of the ship. And the skipper as the carrier of dangerous goods (B-3) and special goods using transportation in waters without regard to specifications can be criminally accounted for from the criminal aspect on the basis of violating the provisions of Article 328 of Law no. 17 of 2008 in conjunction with Article 102 of Law no. 32 of 2009, because all the elements have been fulfilled, namely everyone who transports hazardous and toxic waste without paying attention to the specifications of the ship. The captain's actions violated Article 102 of Law no. 32 of 2009 and Article 328 of Law no. 17 of 2008, so that the captain can be sentenced to the heaviest criminal threat plus a third.]]>
<![CDATA[Problematika Praperadilan Dalam Rangka Pemenuhan Hak-Hak Tersangka ]]>
<![CDATA[Arios Valentino Taghupia]]>;
<![CDATA[John Dirk Pasalbessy]]>;
<![CDATA[Deassy Jacomina Anthoneta Hehanussa]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.773
<![CDATA[Introduction: The pretrial examination only examines the validity of legal procedures in handling cases. The question which one should be the subject of a pretrial case examination, whether the examination of the procedure, or examination of the subject matter.Purposes of the Research: This study aims to analyze and discuss of the essentially examination of pretrial cases an effort to fulfil one’s rights of the suspect according of the criminal procedure code, and Objectivity of pretrial case examination and its presence in the criminal procedure code in the future.Methods of the Research: The type of research is normative legal research. The approach used in this research are the statutory approach, conceptual approach, and case approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials are through literature study, and analysis of legal materials is qualitative.Results of the Research: The pretrial examination mechanism which is essentially an effort to fulfil one's rights in its implementation is not so broad in the sense that the examination of cases that are substantial (material aspects) in the context of actual prove of a procedure law enforcement. To obtain a material truth, the judge in examining existing pretrial case, has not been able to explore the truth in assessing any evidence submitted by the applicant and the respondent in a pretrial case, which also means that in some pretrial case examinations, judge are still limited to pretrial examination, namely regarding the procedure as stipulated in article 77 of the Criminal Procedure Code.]]>
<![CDATA[Perlindungan Hukum Pelaku Usaha Lelang Tiktok Shop Atas Tindakan Bid and Run ]]>
<![CDATA[Fernando Tantaru]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1382
<![CDATA[Introduction: In connection with the development of information and communication technology, one of which is the Tiktok Shop, where goods or services can be traded to consumers across regional boundaries, consumer protection is an important matter that must be considered. In this regard, consumer protection is more heavily regulated compared to business actors, who often experience losses through bidding and running,Purposes of the Research: The purpose of this study is to analyze and discuss legal protection for business actors and consumer legal liability in bid and run defaults in tiktok shop auctions.Methods of the Research: The research method used is normative legal research and a legal concept analysis research approach using library research collection techniques.Results of the Research: The existence of legal protection can provide legal certainty for various problems faced by society. If consumers take bid and run that have clearly violated the agreement, consumers have violated the right of business actors to receive payments in accordance with the agreement regarding the conditions and exchange rates of goods and services sold.]]>
<![CDATA[Kedudukan Dan Peranan Kantor Pertanahan Sebagai Mediator Dalam Penyelesaian Sengketa Batas Tanah ]]>
<![CDATA[Mahendra Tri Hartarto]]>;
<![CDATA[Adonia Ivone Laturette]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1214
<![CDATA[Introduction: Land is an object that is vulnerable to disputes and problems regarding ownership and boundaries.Purposes of the Research: Reviewing and analyzing the position and role of the Land Office as a Mediator in Settlement of Land Boundary Disputes, and efforts to resolve land boundary disputes at the Ambon City Land Office can be carried out in accordance with the provisions and binding according to the laws and regulations.Methods of the Research: This research was carried out in a normative juridical manner by using Statute Approach and a Conceptual Approach.Results of the Research: This research resulted in the substance that the position of the Land Office as a mediator in the settlement of land boundary disputes is as a government agency carrying out governmental tasks in the land sector. The task of the government in the land sector in question is the formulation and implementation of policies in the field of handling and preventing disputes and conflicts as well as the handling of land cases as well as the formulation and implementation of policies in the field of land surveying and mapping. The role of the Land Office as a mediator in mediating the settlement of land boundary disputes is to try to become a medium for the resolution of land boundary disputes by implementing a legal system to create justice and legal certainty. registered by the parties at the District Court where the jurisdiction of the land is located, so that it can be concluded that the results of mediation at the Land Office can have binding legal force.]]>
<![CDATA[Kedudukan Kepala Daerah Sebagai Pejabat Pembina Kepegawaian Dalam Pemilihan Umum Kepala Daerah ]]>
<![CDATA[Stendo Berthyno Sitania]]>;
<![CDATA[Hendrik Salmon]]>;
<![CDATA[Andress Deny Bakarbessy]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1200
<![CDATA[Introduction: In Head of Local Governments’ positionasthe Chief ofEmployee Management who own authority to appoint, mutate, anddischargeCivil Servant Employees thenhe/she could intimidate the CSEs to involveinGeneral Election process.Purposes of the Research: To study and analyze the position of the regional head as a staffing officer in the general election of the regional head.Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials.Results of the Research: The result of this research shows that political patronage stillhappened because position of the Head of Local Government aspolitical officer includesas the Chief ofEmployee Management where position still themostly found factorin the fieldwhenabuse of neutralitycommitedbyCivil Servant EmployeesinGeneral Election.]]>
<![CDATA[Aspek Hukum Keimigrasian Terhadap Orang Asing Yang Berada Di Indonesia ]]>
<![CDATA[Tita Jolanda Anggraini Sahetapy]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>;
<![CDATA[Irma Halimah Hanafi]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1069
<![CDATA[Introduction: Immigration is a matter of regulating the traffic of people entering or leaving the Territory of the Republic of Indonesia and its supervision in the context of maintaining state sovereignty.Purposes of the Research: Review and analyze the Regulations of Law Number 6 of 2011 concerning Immigration regarding the supervision of Foreigners in Indonesia.Methods of the Research: Scientific writing is carried out using research methods, with normative juridical research types, problem approaches using case approaches and law approaches, primary, secondary and tertiary sources of legal materials and techniques for collecting and managing legal materials using library research by searching and reviewing books. related to solving the problem in this writing.Results of the Research: Foreigners who enter illegally into the territory of the State of Indonesia are foreigners who enter without going through the inspection of immigration officials and without being accompanied by valid and still valid travel documents, this is a development burden for the government in solving these problems. This can be seen and studied in the Immigration Act by looking at the arrangements for the supervision of foreigners and the imposition of sanctions on immigration crimes committed. Immigration in carrying out its duties and authorities must be more assertive in handling and providing sanctions to foreigners who commit immigration violations and crimes in accordance with Law No. in giving sanctions to someone who commits an immigration crime.]]>
<![CDATA[Penyitaan Aset Tindak Pidana Korupsi Pada Tahap Penyidikan Sebagai Upaya Pertama Dalam Pengembalian Kerugian Negara ]]>
<![CDATA[Novalin Noya]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Deassy Jacomina Anthoneta Hehanussa]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1052
<![CDATA[Introduction: Confiscation of assets of criminal acts of corruption at the investigation stage as the first effort in recovering state losses within the Prosecutor's Office, especially at the Maluku.Purposes of the Research: This study aims to analyze and explain what are the legal considerations and explain what factors are the obstacles faced by prosecutors in confiscating assets in corruption cases.Methods of the Research: The type of research used is normative legal research, meaning research that has an object of study on rules or regulations. The problem approach is in the form of a Legislative Approach (Statute Approach), a conceptual approach (Conceptual Approach), and a case approach (Case Approach). The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The collection technique is done through literature study and qualitative analysis of legal materials.Results of the Research: The results of the study indicate that the return of state assets has not been optimal because there are still many state losses that have not been returned because there are several weaknesses so that improvements need to be made to realize good governance. In addition, there are still inhibiting factors or obstacles in returning the assets of the criminal act of corruption which is marked by the lack of good coordination in the legal structure, the lack of human resources in the internal prosecutor's office, facilities and infrastructure, and the lack of participation from the public who tend to be apathetic. To overcome the obstacles and obstacles in the settlement of cases of criminal acts of corruption closely related to the confiscation of assets carried out by the Prosecutor's Office, cooperation and coordination with related technical fields are needed both in the internal and external environment.]]>
<![CDATA[Kewenangan Diskresi Kepolisian Dalam Penghentian Penyidikan ]]>
<![CDATA[Michael Ken Lingga]]>;
<![CDATA[Marthinus Johanes Saptenno]]>;
<![CDATA[John Dirk Pasalbessy]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1034
<![CDATA[Introduction: Discretionary authority is the authority possessed by the police as mandated by law to carry out their duties, especially in responding to social phenomena in society.Purposes of the Research: This study aims to determine the form of the exercise of discretionary authority in the termination of an investigation, and what are the implications of the exercise of discretionary authority in the act of terminating an investigation.Methods of the Research: This study uses a normative legal research method, which aims to determine the form of the exercise of discretionary authority in the termination of an investigation, and what are the implications of the exercise of discretionary authority in the act of stopping an investigation.Results of the Research: The discretionary authority of the police in stopping investigations is the authority given as compensation for government duties carried out by investigators.]]>
<![CDATA[Peran Notaris Dalam Pelaksanaan Hapusnya Perikatan Dengan Cara Penawaran Pembayaran Tunai Diikuti Dengan Penitipan Dan Penyimpanan ]]>
<![CDATA[Syadzwina Hindun Nabila]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 1 (2023): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i1.1581
<![CDATA[Introduction: Duties and authorities of a Notary in carrying out the service function and achieving legal certainty in providing services to the public apart from making authentic deeds, the notary also has other authorities, one of which is acting as an intermediary in the settlement of the cancellation of an agreement in the form of offering cash payments followed by safekeeping and safekeeping.Purposes of the Research: The purpose of this study is to examine the role of a notary in settling the abolition of an agreement by offering a cash payment followed by safekeeping and safekeepingMethods of the Research: This research was conducted in a normative juridical manner, using bibliographical data as secondary data to examine the rules and norms in law.Results of the Research: The results of the research show that the Notary is appointed by law in terms of completing the cancellation of the agreement in the form of offering cash payments followed by safekeeping and safekeeping because a public official is required and is related to making authentic deeds as strong evidence as the existence of a legal certainty and justice.]]>
