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[Advokasi Oleh Lembaga Adat Terhadap Korban Kekerasan Dalam Rumah Tangga Di Desa Tutuwaru Kecamatan Pulau Leti Kabupaten Maluku Barat Daya ]]>
<![CDATA[Hadibah Zachra Wadjo]]>;
<![CDATA[Stelvia Wemly Noya]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1741
<![CDATA[Introduction: Settlement of cases in people's lives in Southwest Maluku Regency is mostly resolved through the Customary Courts or better known as the Customary Institutions. One of the problems that is always resolved in customary institutions is cases of domestic violence. The legal basis is the Criminal Code, Article 356 Apart from being regulated in the Criminal Code it is also regulated in Law no. 23 of 2014 concerning the Elimination of Domestic Violence.Purposes of the Research: The aim of the research is to find out efforts to prevent criminal acts of domestic violence, overcome criminal acts of domestic violence, how do traditional institutions play a role in victims of domestic violence in the village of Tutuwaru.Methods of the Research: This type of research is normative empirical research, namely research with field data as the main data source, such as interviews and observations.Results of the Research: Research results show severe psychological suffering to someone. But by reconsidering what the risks are if her husband is in jail. So the victim chose to resolve cases of domestic violence through traditional channels. Completion according to custom or kinship which is usually carried out by the Tutuwaru village customary institution.]]>
<![CDATA[Konstitusionalitas Pemerintah Adat Suku Nuaulu ]]>
<![CDATA[Patiasa Soumory]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1634
<![CDATA[Introduction: Customary government in the constitution provides a space where the constitutional rights of every citizen are guaranteed by the state.Purposes of the Research: This research aims To review and the unity of the Nuaulu tribe as a customary law community according to the 1945 Constitution. And analyze and review The implementation of the customary government system of the Nuaulu tribe is a constitutional right of the Nuaulu tribe.Methods of the Research: The type of research is normative legal research. problem approach in this study is a statutory approach, and a case conceptual approach, legal materials are primary legal materials and secondary legal materials, legal materials that have been collected and grouped using a legal approach, then synchronized with legal concepts and principles studied to be analyzed normatively to answer the legal issues studied rely on the approach that used in this study.Results of the Research: The results of this study It is the constitutionality of the customary government of the nuaulu tribe because constitutional rights already exist and are recognized and regulated in accordance with reality within the scope of the nuaulu]]>
<![CDATA[Tindak Pidana Kawin Ganda Yang Dilakukan Oleh Militer ]]>
<![CDATA[Nur Janna Samal]]>;
<![CDATA[Jhon Dirk Pasalbessy]]>;
<![CDATA[Reimon Supusepa]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1608
<![CDATA[Introduction: In Indonesia, it is no longer permitted to marry more than one person, unless the marriage has permission in the form of a local District Court decision.Purposes of the Research: This research aims To review and analyze the basis for the consideration of Military Judges in sentencing TNI members who perform multiple marriages without the permission of legal wives And to review and analyze the application of the Military Criminal Law to TNI members who double marry without the permission of their wives.Methods of the Research: The type of is anormative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials, namely binding legal materials and secondary legal materials, namely legal materials that provide an explanation of primary legal materials. The problem approach used in this study is the statutory approach and the conceptual approach.Results of the Research: The results of this study, The application of the Military Criminal Law to TNI members who marry multiple marriages without the permission of a valid wife meets the elements of Article 279 Paragraph (1) to 1 of the Criminal Code declaring marriage or marriages to be a legal obstacle, That based on the consideration of the above considerations, the Panel of Judges stated that the above defendants namely Jufri Lapandewa, Praka NRP 31100265920490, legally and conclusively proven guilty of a criminal offence: "Double marriage". Convict the Defendant therefore with imprisonment: For 6 (six) months.]]>
<![CDATA[Tanggung Jawab Pihak Ekspedisi Dalam Transaksi Pengiriman Barang ]]>
<![CDATA[Priescillia Mariana Palapessy]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Sarah Selfina Kuahaty]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1413
<![CDATA[Introduction: The marketplace works with the expedition as a delivery service to facilitate sellers in sending buyers' orders. The process of sending goods does not always run smoothly, there are various common problems that usually occur in the process of sending goods by the expedition. This certainly raises the distrust of service users towards the responsibility of the expedition.Purposes of the Research: To find out the form of legal responsibility for the expedition's default and the factors that cause default by the expedition.Methods of the Research: This research uses normative research methods with the problem approach used is a statutory approach and conceptual approach, and the sources of legal materials used are primary, secondary and tertiary.Results of the Research: The results showed that if in the process of shipping goods there is a violation or negligence caused by the expedition, then the expedition as a business actor will provide compensation, this is in accordance with Article 1366 of the Civil Code. The act of default by the expedition in the delivery of goods is caused by internal and external factors that make the expedition must be responsible for the losses caused.]]>
<![CDATA[Kedaulatan Negara Dalam Invasi Rusia Ke Ukraina Berdasarkan Hukum Internasional ]]>
<![CDATA[Muhamad Ali Aqsa Haupea]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Arman Anwar]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1351
<![CDATA[Introduction: Russia's invasion of Ukraine gave rise to mixed opinions in the international community regarding the concept of state sovereignty, both in theory and practice.Purposes of the Research: The regulation of state sovereignty has experienced a conceptual shift according to international law and Russia's invasion of Ukraine has caused a shift in the concept of state sovereignty in international law.Methods of the Research: The research used is normative juridical, using an analytical perspective research type. The legal materials are primary, secondary and tertiary legal materials. The approaches used are the statutory approach, the conceptual approach and the case approach. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied.Results of the Research: The research results show that the concept of state sovereignty is experiencing changes and shifts in meaning according to developments over time. The revolutionary changes of the late 18th and 19th centuries gave rise to the concept of sovereignty which included the principle of equality of states and the principle of non-intervention in the internal affairs of other states as one of its important elements. Regarding the causes of Russia's invasion of Ukraine, it was influenced by various factors, including historical, political, economic, security and defense factors, as well as to protect pro-Russian separatist groups who wanted to separate themselves from Ukraine. Russia's invasion of Ukraine did not affect the shift in the concept of sovereignty as currently accepted by the international community in the modern ideology of sovereignty. On a theoretical and practical level, the will of the Russian state has great interests in carrying out actions that threaten peace, or violate peace by launching aggression against Ukraine as a sovereign state. Russia as a party to various international agreements has an obligation to respect international law where state sovereignty and equality between countries are recognized concepts and have become the basis of the international legal system]]>
<![CDATA[Pelaksanaan Rehabilitasi Terhadap Pecandu Narkoba di Kota Ambon ]]>
<![CDATA[Amrin, Andi]]>;
<![CDATA[Toule, Elsa Rina Maya]]>;
<![CDATA[Adam, Sherly]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1009
<![CDATA[Introduction: The implementation of rehabilitation for drug addicts in the city of Ambon is not yet in accordance with what is mandated by law.Purposes of the Research: This study also aims to analyze and discuss the implementation of rehabilitation for narcotics addicts in the city of Ambon in accordance with Law No. 35 of 2009 and to analyze and discuss the obstacles faced in the implementation of rehabilitation for narcotics addicts in Ambon City.Methods of the Research: The type of research used is normative juridical research using a statute approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials.Results of the Research: Although the implementation of rehabilitation is a recommendation by the Assessment Team to victims of drug abuse and drug addicts to carry out medical rehabilitation and social rehabilitation, all stages such as the stage of medical rehabilitation (Detoxification), the non-medical rehabilitation stage and the further development stage have not been carried out properly. Apart from that, the process of implementing rehabilitation for drug addicts is only carried out through outpatient treatment while inpatient treatment is never carried out so that the guarantee for narcotics addicts to receive medical rehabilitation and social rehabilitation in accordance with the mandate and objectives of drugs in the Law cannot be fulfilled properly. Obstacles in implementing rehabilitation for drug addicts in the city of Ambon include: The law or the law itself does not clearly regulate the availability of facilities (rehabilitation centers or places) and infrastructure (financial) to support the implementation of rehabilitation and there is still a lack of medical personnel and staff. - specialist staff to support the implementation of social rehabilitation and medical rehabilitation]]>
<![CDATA[Pengawasan Dewan Perwakilan Rakyat Daerah Dalam Mencegah Korupsi di Daerah ]]>
<![CDATA[Greg Suripatty]]>;
<![CDATA[Hendrik Salmon]]>;
<![CDATA[Julista Mustamu]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 3, No 2 (2023): SEPTEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v3i2.1867
<![CDATA[Introduction: Corrupt practices do not only occur in government administration at the center, but also in the regions.Purposes of the Research: To analyze and formulate legal arguments regarding the form of DPRD supervision in preventing corruption in the administration of regional government.Methods of the Research: The method used in this research is normative legal research to answer the legal problem in question.Results of the Research: Research results show that the principle of DPRD supervision in the administration of regional government is to prevent violations or abuses committed by regional governments in implementing regional regulations and regional head regulations, laws and regulations related to the administration of regional government, and follow-up to audit results. Financial report by the Financial Audit Agency. Supervision is intended to be a means of creating checks and balances in the administration of government in the regions, but supervision must not result in reducing or undermining the values contained in the basic principles specified in statutory regulations, so that arbitrariness does not occur. If the DPRD carries out supervision effectively, it will have an impact on optimal regional government performance, including eradicating the practices of corruption, collusion and nepotism. The form of DPRD supervision in preventing corruption in the administration of regional government is not only in the form of political supervision, but also the role given to the DPRD to carry out technical supervision similar to supervision carried out in internal agencies to prevent corruption in the region.]]>
<![CDATA[Pemetaan Indeks Kerawanan Pemilu 2024 Perspektif Siyasah Dusturiyah ]]>
<![CDATA[Agustin, Elva Astri]]>;
<![CDATA[Rizal, Lutfi Fahrul]]>;
<![CDATA[Saptaji, Aji]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2206
<![CDATA[Introduction: This research is motivated by the general election vulnerability that will occur in Bandung Regency in 2024. The Bandung Regency Election Vulnerability Index has reached 91.5 percent. The IKP measures include monitoring campaign violations, voting rights, income, money politics, ASN neutrality, hoax news.Purposes of the Research: The aim of this research is to analyze the vulnerabilities that occurred during the general election in Bandung Regency, highlighting the importance of comprehensive prevention and supervision efforts. With this mapping, stakeholders can focus more on monitoring, intervention and prevention efforts. The election vulnerability index also functions as a measuring tool to evaluate the effectiveness of the policies and strategies implemented in order to create clean, honest and fair elections.Methods of the Research: The research method used is qualitative with a descriptive type based on the focus of the study used, namely empirical research.Results of the Research: The results of the research show that there are potential vulnerabilities that occur in Bandung Regency. Bawaslu's function in preventing election violations includes identification and mapping of violations, coordination, monitoring and evaluation of election implementation. Bawaslu also coordinates with related government agencies and increases public participation in election supervision.]]>
<![CDATA[Pemberhentian Direksi Perseroan Terbatas Tanpa Melalui Mekanisme Rapat Umum Pemegang Saham Luar Biasa ]]>
<![CDATA[Hajar, Siti]]>;
<![CDATA[Ginting, Budiman]]>;
<![CDATA[Nasution, Bismar]]>;
<![CDATA[Sunarmi, Sunarmi]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2200
<![CDATA[Introduction: The management of the company is the sole responsibility of the board of directors. The law does not provide. The law does not provide for the board of commissioners to give direct and permanent members of the board of directors, but is limited to temporary dismissal. This is the background for the dismissal of the directors of the Company without going through the mechanism of an extraordinary general meeting of shareholders.Purposes of the Research: Is to know the judge's consideration of the appointment and dismissal of judges in decision number 15/pdt.g/2013/PN.Cibinong and to know the legal consequences in the dismissal of directors not in accordance with the mechanism of the extraordinary general meeting of shareholders, to achieve the objectives of this research normative juridical research is used through a statutory approach.Methods of the Research: The research method used is normative juridical with legal, conceptual, and case approaches.Results of the Research: The results of the research obtained that the implementation of the dismissal of the Board of Directors based on the decision Number 15/Pdt.G/2013/PN.Cibinong that the dismissal mechanism is not in accordance with the provisions of Law Number 40 of 2007 concerning Limited Liability Companies carried out by the Board of Commissioners of PT. SBTI, thus causing legal consequences affected to the company, namely the Minister rejects any application submitted or notification submitted to the Minister, and because the dismissal is not in accordance with the provisions, the dismissal is invalid and null and void and restore the position of the old Board of Directors who have been temporarily dismissed.The dismissal of a member of the Board of Directors is to stop the person concerned from the position of the Board of Directors before the term of office specified in the articles of association or the decision of the GMS expires. In article 106 of the 2007 Company Law, the temporary dismissal of the Board of Directors is the right and authority of the Board of Directors, but not to dismiss directly and permanently.]]>
<![CDATA[Kepastian Hukum Sema Nomor 2 Tahun 2023 Terhadap Pencatatan Perkawinan Antar-Agama Dalam Bingkai Kebhinnekaan Indonesia ]]>
<![CDATA[Fenecia, Evelyn]]>;
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Fitri, Winda]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i2.2192
<![CDATA[Introduction: Religious diversity in Indonesia has led to the practice of interfaith marriages, resulting in legal uncertainty. On July 17, 2023, the Supreme Court issued Circular Letter No. 2 of 2023 (SEMA 2/2023) to provide guidance to judges on adjudicating requests for the registration of interfaith marriages.Purposes of the Research: This study aims to analyze the implementation of SEMA No. 2 of 2023 concerning the registration of interfaith marriages within the framework of Bhinneka Tunggal Ika in Indonesia.Methods of the Research: The legal research method used is normative/doctrinal, with a qualitative research approach that includes legislative analysis of relevant regulations and conceptual analysis using legal theories related to the study.Results of the Research: The study reveals that SEMA 2/2023 provides legal certainty consistent with Indonesia's religious diversity and the Bhinneka Tunggal Ika motto. However, some judges continue to approve requests for the registration of interfaith marriages even after the issuance of SEMA, as evidenced by Decision No. 423/Pdt.P/2023/PN Jkt.Utr dated August 8, 2023. Thus, SEMA 2/2023 is insufficient to address the legal uncertainty surrounding interfaith marriages in Indonesia, despite its alignment with the spirit of Bhinneka Tunggal Ika. Legal harmonization across various regulations is needed to achieve the desired legal certainty.]]>
