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[Model Pengelolaan Sumber Daya Kelautan dan Kemaritiman ]]>
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Angga, La Ode]]>;
<![CDATA[Latupono, Barzah]]>
<![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.v4i2.2133
<![CDATA[Introduction: Indigenous people who live on small islands are quite large in number compared to the available natural resources. So it can be said that it is not enough to meet the basic needs of indigenous peoples, for a certain period of time. Therefore, the idea was born to create legal regulations that could regulate and organize all the potential of marine and maritime resources so that they could be used wisely.Purposes of the Research: to formulate the formulation of a Marine and Maritime Resources Management Model in Central Maluku Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research seeks to describe the Marine and Maritime Resource Management Model in Central Maluku Regency. The way the empirical juridical or sociological juridical method works in this research proposal is from the results of collecting and finding data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts available. exists in society, thus the truth in a study has been declared reliable without having to go through a rationalization process.Results of the Research: To minimize conflicts and disputes that occur in the marine and maritime customary rights community, there must be a formulation of a model for regulating marine and maritime management in Central Maluku Regency involving all cuttings holders.]]>
<![CDATA[Interpretasi Hukum Mutatis Mutandis Dalam Pembentukan Peraturan Daerah ]]>
<![CDATA[Latuny, Jhon Alberth]]>;
<![CDATA[Salmon, Hendrik]]>;
<![CDATA[Mustamu, Julista]]>
<![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.v4i2.2078
<![CDATA[Introduction: In the formation of regional regulations, one must look at the needs and existence of the region by prioritizing community welfare as an instrument in implementing regional regulations. This results in the formation of regional regulations having to be based on regional needs, not on legal rules, bearing in mind that application mutatis mutandis is the basis in seeing that need.Purposes of the Research: This writing aims to determine the study of mutatis mutandis legal interpretation in the formation of regional regulations. Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique for collecting legal materials is through literature study and then analyzed through perspective using qualitative methods.Results of the Research: With the interpretation methods used such as literal, historical, systematic, teleological interpretation, or comparison with other laws. So that the formation of regional regulations by applying the mutatis mutandis principle becomes the main point in the formation of regional regulations based on more specific community needs, bearing in mind that this is useful for speeding up and making efficient the process of forming regional regulations.]]>
<![CDATA[Fungsi Dewan Perwakilam Rakyat Dalam Pembentukan Peraturan Daerah ]]>
<![CDATA[Sikafir, Beregita Lidiana]]>;
<![CDATA[Nirahua, Salmon Eliazer Marthen]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>
<![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.v4i2.2052
<![CDATA[Introduction: Article 1 paragraph 3 of the Republic of Indonesia Constitution provides legal guarantees. The Indonesian state in its government system has developed in terms of state institutions which we usually know as decentralization, the presence of the DPRD as a legislative institution or people's representative institution has the task of regulating regional government. Law Number 23 of 2014 concerning Regional Government, the DPRD has duties and authorities at the provincial and district/city levels, one of which is forming regional regulations.Purposes of the Research: This study aims to etermine the whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out by the DPRD.Methods of the Research: This study use normative juridical research, which to find out whether the function of forming regional regulations is an obligation for the DPRD, and the legal consequences if the function of forming regional regulations is not carried out the DPRD.Results of the Research: unction forming regional regulations as obligation of the DPRD is regulated in Law No. 23 of 2014 concerning Regional Government. in making regional regulations, authority is given by Bapemperda whose authority regulated by Article 52 PP No. 12 of 2018 concerning Guidelines for Preparing Provincial, Regency, City DPRD tatips. Bapemperda in exercising its authority to form regional regulations is outlined in the Propemperda. The authority given by this law is expected that the DPRD can understand its function an obligation. Among them is the function of forming regional regulations as an obligation of the DPRD. legal consequences for the DPRD not carrying out the function of forming regional regulations based on the problems raised by the author are that there are legal sanctions for the DPRD.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Pencabulan ]]>
<![CDATA[Sirait, Ingrid Debora]]>;
<![CDATA[Adam, Sherly]]>;
<![CDATA[Sopacua, Margie Gladies]]>
<![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.v4i2.2037
<![CDATA[Introduction: Cases of criminal acts of sexual abuse against children, especially those handled by the Central Maluku Police, from 2021 to 2023, there were 9 (nine) cases of criminal acts of sexual abuse.Purpose of the Research: This research aims to enable investigators to know the child's personality and make it easier to carry out examinations. At the Central Maluku Police, since the start of the investigation process, children as victims of criminal acts of sexual abuse have not received rehabilitation either physically, psychologically or socially from P2TP2A Central Maluku.Methods of the Research: This type of research is normative juridical research using several approaches including the statutory approach, conceptual approach and case approach, using primary, secondary and tertiary legal material sources. Collection procedures The legal material used in this writing is a literature study (Library Research), which is descriptive qualitative in nature. In carrying out the study, this research also conducted interviews with police officers at the Women and Children Protection Unit at the Central Maluku Police.Result of the Research: The legal protection efforts carried out by the Central Maluku Police against children as victims of criminal acts of sexual abuse include the following: Confidentiality of the victim's identity; rehabilitation efforts; victims are entitled to legal aid and other assistance: providing protection and assistance during the prosecution investigation process until the trial process; obtaining information about the progress of the trial and always monitoring the development of the situation from the area where the victim lives; taking steps to cooperate with police ranks from various regions and from the Maluku Police; providing motivation and providing the best solution for the lives of children; and establishing communication and providing supervision for victims of criminal acts of sexual abuse who are still undergoing the process or who have completed the process. The obstacles faced by the Central Maluku Police in providing legal protection to children as victims of criminal acts of sexual abuse include law enforcement factors; community factors; facilities or facilities factors; cultural factors; and legal factors.]]>
<![CDATA[Perlindungan Hukum Atas Display Produk Mendekati Kedaluwarsa di Tempat Diskon ]]>
<![CDATA[Sinaga, Roulinta Yesvery]]>;
<![CDATA[Sihite, Sri Rumada]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i1.2081
<![CDATA[Introduction: Displaying near-expiration products at discount stores is a common practice. While this practice is not explicitly prohibited by law, it needs to be considered in terms of health and consumer rights.Purposes of the Research: To examine the impacts and implications of displaying products nearing expiration at discount stores and to assess the legal protection and responsibility regarding such product displays.Methods of the Research: The research method used is normative juridical with legal, conceptual, and case approaches.Results of the Research: The practice of displaying near-expiration products at discount stores can have negative impacts on consumers and businesses. Legal protection for this practice consists of preventive measures through collaboration between relevant parties, periodic checks, discount product labeling, consumer awareness, and supervision by relevant institutions. Responsive legal protection can be pursued through litigation or non-litigation routes. The responsibility of businesses for this practice should be carefully reviewed, as they may become involved in legal conflicts and cause both material and immaterial losses to consumers. Fault-based liability should ideally be applied, but consumers need to make efforts and critically gather evidence, outline losses, and describe the causality of negative effects from purchasing display products.]]>
<![CDATA[Perceraian Bagi Anggota Kepolisian Negara Republik Indonesia Tanpa Ijin Atasan ]]>
<![CDATA[Solarbesain, Fransiskus Xaverius]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Latupono, Barzah]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i1.1474
<![CDATA[Introduction: Domestic life often occurs problems with the household dipper which then causes quarrels and disputes to lead to the breakup of marriage due to divorce. Members of the National Police who want to divorce must obtain permission from their superiors, but in their implementation there are members of the National Police who can divorce in Court without the permission of their superiors.Purposes of the Research: The purpose of this study is to examine and analyze divorce procedures by members of the Indonesian National Police and the legal consequences for members of the Indonesian National Police who divorce without the permission of their superiors.Methods of the Research: This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied.Results of the Research: Based on the results of the research, it shows that the divorce procedure for members of the Indonesian National Police has the same stages as civil society in the judicial process. However, administratively, there are formal requirements that must be met by members of the Police who wish to divorce in the form of a supervisor's permission (recommendation). Therefore, the legal consequence is if a member of the National Police who divorces without a superior's permit does not fulfill the formal requirements, therefore the lawsuit or application must be considered formally flawed so that it must be decided with an unacceptable decision or niet ontvanklijke verklaard (NO), because the formal requirements are not met, it is a violation of police regulations so that the rights of members of the National Police cannot be granted as long as they are still in the process of being violated.]]>
<![CDATA[Pemenuhan Hak Anak Pidana Pada Lembaga Pembinaan Khusus Anak ]]>
<![CDATA[Loppies, Pricilia Uty Vianty]]>;
<![CDATA[Toule, Elsa Rina Maya]]>;
<![CDATA[Wadjo, Hadibah Zachra]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i1.1405
<![CDATA[Introduction: Protection of children is provided not only by parents but also institutions related to physical and mental development both physically and spiritually. A child who is entered into a Juvenile Correctional Institution is referred to as a criminal child or foster child to get punishment for the actions he has committed, the punishment given is in the form of coaching according to the mandate of the laws and regulations, so that after the criminal or foster child leaves the institution they will no longer commit acts that breaking the law.Purposes of the Research: This study aims to analyze and discuss the fulfillment of the nature of the rights of criminal children and to analyze and discuss the implementation of the rights of criminal children in Ambon Class II Special Development Institutions.Methods of the Research: The type of research used is empirical research. The approach used is legislation, field approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through interviews and literature studies. Legal material is qualitativeResults of the Research: The implementation of the rights of criminal children at the Ambon Class II Special Child Development Institution has rights that have been fulfilled and there are rights that have not been fulfilled. The staff of the Ambon Class II Special Child Development Institution are still working on children's rights that have not been fulfilled at the Ambon Class II Special Child Development Institution. The rights of criminal children that have been fulfilled at the Class II Ambon Development Institution, namely: 1) There are facilities for spiritual activities in accordance with religion and beliefs; 2). Correctional students get study rooms, package A, B, C exams, modules and also supporting facilities in the form of computers; 3). criminal children get a reduced sentence through remission, but these provisions must be in accordance with statutory regulations; 4). students get enough food intake; 5). students get visits from family, legal advisers or the community.]]>
<![CDATA[Implikasi Penerapan Asimilasi Rumah Bagi Narapidana Pada Masa Pandemi Covid-19 Dari Perspektif Tujuan Pemidanaan di Indonesia ]]>
<![CDATA[Mataheru, Hendarina]]>;
<![CDATA[Titahelu, Juanrico Alfaromona Sumarezs]]>;
<![CDATA[Lewerissa, Yanti Amelia]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i1.1392
<![CDATA[Introduction: Suppressing the rate of spread of Covid-19 in prisons, several regulations were issued that regulate the provision of home assimilation to prisoners. However, the provision of home assimilation raises pros and cons in society, especially when looking at assimilation from the perspective of the purpose of funding.Purposes of the Research: The purpose of this study is to examine and analyze the implications of implementing home assimilation for prisoners during the Covid-19 pandemic from the perspective of the purpose of punishment in Indonesia.Methods of the Research: This research is normative juridical research, the research approach used is a statutory approach, a conceptual approach and a case approach. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials is in the study of literature and subsequently analyzed qualitatively.Results of the Research: The results showed that the provision of home assimilation during the Covid-19 pandemic when viewed from the purpose of punishment, the provision of home assimilation was in accordance with the purpose of punishment. This is because, government policies to reduce the rate of spread of the Covid-19 virus in various public spaces including in prisons through home assimilation programs do not just run. However, it is accompanied by various rules that regulate a number of conditions that must be met by an inmate to be able to participate in home assimilation. Prisoners must behave well during their sentences and follow all coaching programs implemented in Lapas. This means that, inmates who pass the home assimilation program, are those who are judged to have had a better change in attitude and behavior, obey and obey the rules made (especially in Lapas), and ready to blend in with the community. All of them are the purpose of punishment which is not to take revenge for the evil behavior that has been committed by an inmate, but rather to humanize humans (prisoners) through various formation programs implemented in the Penitentiary.]]>
<![CDATA[Perlindungan Hukum Terhadap Kebocoran Data Pribadi Pada Platform Media Sosial ]]>
<![CDATA[Tomasoa, Gelsy Olivia]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i1.1363
<![CDATA[Introduction: Personal data as a form of self-representation of a human being must be used based on the owner's permission if it is not classified as a violation especially if the data was obtained as a result of an application data leak which can then be accessed on social media platforms which causes the owner's life to be threatened.Purposes of the Research: To review and analyze the leakage of personal data on social media platforms can be classified as a form of violation of human rights and its legal protection. Methods of the Research: This research is a normative legal research with the research approach method used is a statutory approach and a conceptual approach.Results of the Research: Leakage of personal data is included in human rights violations because it causes material and even non-material losses in the form of a violation of a person's right to life to be free from any threat and disturbance from others. The legal protection provided is in the form of administrative sanctions, namely the temporary suspension of personal data processing activities, which means that data accessing activities on the PeduliLindungi application so that it is not allowed to carry out the process of changing or uploading personal information of a person or person within a certain time frame with the aim.]]>
<![CDATA[Presidential Threshold Dalam Sistem Pemilihan Presiden dan Wakil Presiden di Indonesia ]]>
<![CDATA[Soselisa, Dodi L K]]>;
<![CDATA[Pietersz, Jemmy Jefry]]>;
<![CDATA[Nendissa, Renny Heronia]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i1.1362
<![CDATA[Introduction: With the presidential threshold setting in the current election law, it has limited the constitutional rights of political parties as stipulated in Article 6A paragraph (2) of the 1945 Constitution. The crisis over the constitutional rights of political parties. Purposes of the Research: Knowing and Analyzing the Presidential Threshold is a limitation on the constitutional rights of political parties.Methods of the Research: The research method used is juridical-normative, the legal materials used are primary and secondary using the following approaches: (i) statutory approach; (ii) contextual approach, (i) comparative approach; (iv) case approach and (v) historical approach.Results of the Research: The results of the study show that the Presidential Threshold setting in the Election Law is a limitation on the constitutional rights of political parties. Because if you look at the full design of Article 6A of the 1945 Constitution in the original intention, no statement or discussion is found that directly alludes to the implementation of the presidential threshold provision.]]>
