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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119 Documents
<![CDATA[Penyalahgunaan Wewenang Dalam Pengangkatan Pejabat Pimpinan Tinggi ]]>
<![CDATA[Hatta, Dodi Fahtur Mutttaqim]]>;
<![CDATA[Salmon, Hendrik]]>;
<![CDATA[Alfons, Saartje Sarah]]>
<![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.v4i1.1332
<![CDATA[Introduction: The appointment of a high-level official, namely the Regional Secretary by the Governor according to his authority as stipulated in laws and regulations, is a form of implementation of the principle of legality in the rule of law principle.Purposes of the Research: This study aims to find out whether the governor has the authority to appoint acting regional secretary, and whether the actions of the governor of Maluku to appoint acting regional secretary of Maluku are legal actions.Methods of the Research: This study uses the normative legal research method, which aims to find out whether the governor has the authority to appoint acting regional secretary, and whether the actions of the Maluku governor who appointed the acting regional secretary of Maluku are legal actions.Results / Findings / Novelty of the Research: The Governor as the representative of the Central Government in the regions has the authority to appoint Acting Regional Secretary with the approval of the Minister of Home Affairs if the Regional Secretary is unable to carry out his duties and there is a vacancy in the position of Regional Secretary. Therefore, the Governor cannot appoint an Acting Regional Secretary if there is no vacancy in the position of Regional Secretary. The appointment of the Acting Regional Secretary by the Governor of Maluku did not meet the procedural and substance requirements because Kasrul Selang as Regional Secretary could not be dismissed from his position before 3 February 2022. This means that the dismissal of Kasrul Selang on 10 December 2021 clearly resulted in the appointment of the acting regional secretary not meeting the requirements.]]>
<![CDATA[Kewenangan Penegakan Hukum Oleh Polisi Perairan Dan Udara Di Wilayah Perairan ]]>
<![CDATA[Wattimena, Rovky Asyer]]>
<![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.v4i2.2334
<![CDATA[Introduction: Law enforcement authority by water and air police in the waters of Aru Islands Regency needs to be exercised. The regulation of law enforcement in the territorial waters of Aru Islands Regency has issued a series of related laws and regulations. However, for some things it is felt that they still need to be supplemented with implementing regulations because there are many laws and regulations that give authority to different law enforcement parties in carrying out enforcement. law in Indonesian maritime territory so that there is often overlapping of the main duties and functions of each law enforcement officer at sea.Purposes of the Research: The purpose of this writing is to determine and analyze the authority of the maritime and air police in implementing law enforcement in the waters of the Aru Islands Regency.Methods of the Research: This research is normative legal research with the legal materials used in the research being primary, secondary and tertiary using library study techniques in the form of international legal regulations, scientific works and literature.Results of the Research: The results showed that Polairud has quite broad authority in maintaining security and order in water areas, but there are still several challenges in carrying out its duties, such as limited resources and coordination between institutions.]]>
<![CDATA[Perlindungan Hukum Terhadap Penyewa Halaman Rumah Atas Ingkar Janji Mu’jir ]]>
<![CDATA[Sihite, Sri Rumada]]>
<![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.v4i2.2197
<![CDATA[Introduction: The broken promise made by the owner of the vacant land rented by mei symbolon which has an impact on material losses, which has legal consequences for the legal actions taken by the landowner, Mr. x, of course this is the background for the author to explain the problem and explain the legal protection of the tenant of the house yard for the broken promise of the mu'jir.Purposes of the Research: Reviewing what rights are received by the party that must be received if the agreement between them is made by a unilateral promise and what obligations must be fulfilled by the owner of the house yard for legal actions that make a promise break.Methods of the Research: The research method used is normative juridical method with statutory and conceptual approaches.Results of the Research: The agreement that gave birth to the binding between the tenant of the yard and the owner of the yard is valid and fulfills the principle of consensualism and of course this has legal consequences where there are rights and obligations of each. In this case the non-fulfillment of the obligations of the owner of the empty courtyard, namely reselling the house and the empty courtyard which in the civil law code is a breach of promise, of course this is required by the owner of the yard to compensate for the loss as written.]]>
<![CDATA[Quo Vadis Penegakan Hukum Bermartabat: Kritik Terhadap Penegakan Hukum Berlandaskan Stigma No Viral No Justice ]]>
<![CDATA[Muammar, Muammar]]>
<![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.v4i2.2247
<![CDATA[Introduction: The emergence of the law enforcement phenomenon based on the stigma of no viral no justice gives a bad image to the face of Indonesian law enforcement, because it leads to a form of law enforcement that is no longer dignified. As a result, the victims must use it in the form of viralizing the case they are experiencing so that they can rally the external power of the public.Purposes of the Research: This paper aims to analyze and examine a number of points that are the basis for law enforcement criticism based on the stigma of no viral no justice.Methods of the Research: This paper uses normative legal research methods. The approaches used are conceptual approaches, theoretical approaches and analytical approaches.Results / Main Findings: Law enforcement based on the stigma of no viral no justice in recent years has tarnished the face of Indonesian law enforcement. In fact, this condition has "legitimized" law enforcement to no longer be dignified because it is not in accordance with the principles of law enforcement as it should be. This paper offers three basic criticisms of the form of law enforcement with these conditions, including: first, the occurrence of deviations from the principle of equality before the law. The law no longer views the position of each legal subject as equal and equal without discrimination, but rather views whether the case is viral or not; second, the shift and change of the basic meaning of legality from no crime without criminal acts, to no crime without the virality of criminal acts/no crimes without going viral first; Third, the enforcement of the stigma of no viral no justice drags the goal of the law in obscurity to arrive at its noble mission in realizing justice, legality and legal certainty.]]>
<![CDATA[Menguatkan Perjanjian Lisan dengan Asas Itikad Baik: Sebuah Kajian Hukum ]]>
<![CDATA[Panjaitan, Wijaya Natalia]]>
<![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.v4i2.2263
<![CDATA[Introduction: Verbal agreements are often a source of dispute due to the lack of written evidence that can be used as evidence. This is due to the absence of good faith from one of the parties who denies the existence of the agreement, making it difficult for the other party to prove that the legal act was agreed upon and then a dispute occurs between the two.Purposes of the Research: The purpose of this study is to examine the strengthening of verbal agreements with the principle of good faith.Methods of the Research: The research method used is Normative Juridical Research with the type of library research.Results of the Research: The implementation of the principle of good faith must be carried out both in written agreements and even in verbal agreements. Especially in verbal agreements, the main capital that binds is trust. So that if there is no good faith in making an agreement, it is tantamount to denying the trust that is the basis for an agreement.]]>
<![CDATA[Pertanggungjawaban Hukum Peminjaman Nama Perusahaan Untuk Mengikuti Pengadaan Barang Dan Jasa Pemerintah ]]>
<![CDATA[Sunoto, Sunoto]]>;
<![CDATA[Tjoanda, Mery]]>;
<![CDATA[Berlianty, Teng]]>
<![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.v4i2.2161
<![CDATA[Introduction: The practice of using another company's name to participate in government procurement contracts is a common occurrence today. Although there are no explicit regulations prohibiting this practice, borrowing another company's name can be done due to affiliations between related companies or as an attempt to deceive the bidding organizers.Purposes of the Research: This research aims to examine and analyze the legitimacy of the practice of borrowing a company's name to participate in government procurement of goods and services, as well as the forms of accountability for breaches of contract in the implementation of such name borrowing in procurement processes.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: The research findings indicate that the practice of using another company's name in government procurement of goods and services violates various legal provisions, including Presidential Regulation No. 16 of 2018, Regulation of the Procurement Policy Agency (LKPP) No. 9 of 2019, as well as the Law on the Prohibition of Monopoly Practices and Unfair Business Competition. This practice also fails to meet the requirements of a valid agreement as it contradicts the law. The winning company of the tender is fully responsible for the contract's implementation, including if it utilizes another company's name, and can be sued by the aggrieved party in case of breach of contract, with legal consequences including compensation, contract termination, administrative sanctions, blacklisting, and criminal penalties.]]>
<![CDATA[Legalitas Pembagian Harta Warisan Terhadap Ahli Waris Beda Agama Dalam Dua Ketentuan Hukum Waris Yang Berbeda Di Indonesia ]]>
<![CDATA[Selanno, Julivia Marsel]]>;
<![CDATA[Saptenno, Marthinus Johanes]]>;
<![CDATA[Bakarbessy, Andress Deny]]>
<![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.v4i2.2143
<![CDATA[Introduction: The inheritance of different religions is one of the contemporary problems in contemporary Islamic legal thought. As time progresses, cases involving inheritance law from different religions are becoming increasingly common. One of the contributing factors is the heirs' (non-Muslim) disagreement with the distribution of assets which is considered unfair.Purposes of the Research: Analyze the application of law in the implementation of the division of inheritance of different religions and the legal consequences in the implementation of the division of inheritance of different religions.Methods of the Research: The research method used is normative legal research relying on a statutory approach and a conceptual approach. Meanwhile, the sources of legal materials used include primary, secondary and tertiary sources of legal materials collected through literature studies and analyzed juridically.Results of the Research: The results of this research show that the legal consequences of resolving inheritance from different religions in its implementation give rise to different interpretations of Judges in considering the law in rulings, as well as giving rise to legal uncertainty, both in the implementation process and the legal status of heirs of different religions, this is because there is no There are definite legal rules, but the implementation of mandatory wills for non-Muslim heirs of Muslim heirs is a form of love and affection between fellow human beings and is an effort to uphold justice and benefit for non-Muslim relatives because their right to inherit is obstructed.]]>
<![CDATA[Penerapan Sistem Perjanjian Kerja Waktu Tertentu Dalam Perspektif Hukum Positif Indonesia ]]>
<![CDATA[Ilela, Yudith]]>;
<![CDATA[Laturette, Adonia Ivonne]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![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.v4i2.2144
<![CDATA[Introduction: Indonesia, as a country under the rule of law, upholds the principle of equality before the law. This principle is also applied in the freedom to contract, which requires a valid agreement to meet four conditions: agreement, competency, specific object, and lawful cause. The Fixed-Term Employment Agreement is a form of employment relationship between employers and workers that suffers from shortcomings in its implementation. Many employers do not understand the rules, leading to deviations in practice.Purposes of the Research: The aim of this research is to examine and analyze the implementation of the Fixed-Term Employment Agreement system from the perspective of positive law in Indonesia.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) and conceptual approach (conceptual 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 research results, it is shown that the protection of workers in Fixed-Term Employment Agreements is not optimal in its implementation due to frequent violations. This is attributed to the unclear regulations regarding the application of The Fixed-Term Employment Agreement, particularly concerning types of work that are one-time, temporary, seasonal, or related to new products. Furthermore, the lack of government supervision in the The Fixed-Term Employment Agreement creation process enables employers to easily violate regulations without legal repercussions.]]>
<![CDATA[Pertanggungjawaban Pidana Bagi Anggota TNI Yang Menjual Amunisi Ke KKB Papua Terhadap Disparitas Putusan Pengadilan Yang Berbeda ]]>
<![CDATA[Wijoyo, R Ach Agus Purno]]>;
<![CDATA[Hehanussa, Deassy Jacomina Anthoneta]]>;
<![CDATA[Supusepa, Reimon]]>
<![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.v4i2.2169
<![CDATA[Introduction: The misuse of ammunition by Indonesian National Army personnel by selling to Separatist Armed Criminal Groups in Papua is an important concern for Indonesian National Army leaders and emphasis from the upper command if there are Indonesian National Army personnel who misuse firearms and ammunition to be processed in accordance with applicable law.Purposes of the Research: Analyse and formulate the criminal liability for Indonesian National Army members who sold ammunition to Papuan KKB separatists against the disparity of different court decisions.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 of collecting legal materials through literature studies and then analysed through perspectives using qualitative methods.Results of the Research: Criminal liability for a defendant, especially in the case of misuse by selling ammunition to the Separatist Armed Criminal Groups in Papua against different verdicts (disparity of verdicts) must be seen from a legal point of view and standards applicable in the military, in the context of the Indonesian National Army selling ammunition to the Separatist Armed Criminal Groups or to Separatist Armed Criminal Groups sympathisers must get a fair legal process and the decision is based on the evidence presented in accordance with the legal facts. Although the legal process in court must run fairly and objectively, it is possible that court decisions can be different in the same case and the same article.]]>
<![CDATA[Mandi Marabit Menurut Majelis Ulama Indonesia Kabupaten Labuhanbatu Selatan ]]>
<![CDATA[Siregar, Amiruddin]]>;
<![CDATA[Iwan, Iwan]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 4, No 3 (2024): NOVEMBER ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v4i3.2552
<![CDATA[Introduction: The people of Aek Korsik village carry out Marabit bathing activities in the river because the majority of the people of Aek Korsik village do not have a well and those who do have a well sometimes feel water difficulties and the distance of their houses to the river is very close to travel. The community admitted that they did not cover all their awrah when bathing, and felt that it was natural that not all their awrah could be covered when they were in the riverPurposes of the Research: This study aims to describe the habits of the Aek Korsik people of Sungai Kanan District who practice bathing in one place in the river between men and women which is referred to as the Marabit bathMethods of the Research: This study aims to describe the habits of the Aek Korsik people of Sungai Kanan District who practice bathing in one place in the river between men and women which is referred to as the Marabit bath Results of the Research: The results of the study show that the habit of bathing in Marabit carried out by the people of Aek Korsik village is prohibited in Islam because it shows aurat. The reason for bathing in the river in the same place between men and women is because there is no well at home, there is often a lack of water, and this has been a habit of the people of Aek Korsik village since ancient times. If viewed from an Islamic point of view, that bathing in the river carried out by the people of Aek Korsik village and in general the river is passed by the community every day to carry out various activities is a very forbidden act, because it opens the awrah. While every Muslim and Muslim is obliged to cover the awrah, by covering the awrah can avoid committing adultery.]]>
