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.
Articles
119 Documents
<![CDATA[Studi Komparasi Hukum Perlindungan Konsumen dalam Transaksi Jual Beli Online antara Indonesia dengan Malaysia ]]>
<![CDATA[Christiana, Christiana]]>;
<![CDATA[Fitri, Winda]]>;
<![CDATA[Silviani, Ninne Zahara]]>
<![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.v4i3.2311
<![CDATA[Introduction: Legal protection of consumer in online buying and selling transactions is an urgency in today’s developments. Statistical data from National Consumer Protection Agency shows that from the beginning of 2024 until now receiving complaints from consumers is dominant of e-commerce field.Purposes of the Research: The purpose of this article is to examine the differences in consumer protection laws in online buying and selling transactions in Indonesia and Malaysia which are expected to be applied in Indonesia.Methods of the Research: The research method used in this research is normative legal research with a statutory approach and comparative approach with literature study.Results Originality of the Research: The results show that both Indonesia and Malaysia protect online buying and selling transactions. In dispute resolution, Malaysia’s TTPM and Indonesia’s BPSK provide final and binding decisions with an appeal mechanism to the courts. However, Indonesia lacks specific regulations for e-commerce, while Malaysia has comprehensive regulations and strong law enforcement. In Indonesia, the existing regulations and their enforcement face challenges, particularly in the context of e-commerce. The current UUPK is seen as ineffective, and it is hoped that the Indonesia government will amend it soon to strengthen the law enforcement and improve its effectiveness.]]>
<![CDATA[Dinamika Biaya Politik yang Tinggi dalam Politik dan Dampaknya terhadap Korupsi yang Berkelanjutan ]]>
<![CDATA[Dharayanti, Desak Made Pratiwi]]>;
<![CDATA[Smrti, Ni Nyoman Emang]]>;
<![CDATA[Sukenada, I Putu Gede]]>
<![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.v4i3.2290
<![CDATA[Introduction: In Indonesia there are no rules governing political costs for campaigns, in this study the focus is on the large costs of the campaign whether it is the cause of corruption in Indonesia.Purposes of the Research: This paper aims to analyze the connectivity of politics with corruption as the cause of people's suffering and high-cost politics as the root of corruption.Methods of the Research: The research method used in this paper is normative legal research method. Conceptual approach and statutory approach are used in this research. Legal materials are identified through document studies. The analytical approach applied is qualitative.Results Originality of the Research: indicate that these high political costs force winners to find ways to return their investment, which often involves corrupt practices. In addition, corruption is also linked to vote-buying practices involving voters in elections. This practice is linked to patronage and clientelism, where voters receive material rewards in the form of money or goods to support a particular candidate. Overall, corruption and high-cost politics have undermined the democratic process in Indonesia and affected the integrity of the political system. Corruption is not only a legal issue, but also a complex cultural and political issue.]]>
<![CDATA[Penerapan Asas Itikad Baik Dalam Perjanjian Jasa Titip Beli Barang Online ]]>
<![CDATA[Nabila, Syadzwina Hindun]]>
<![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.v4i3.2362
<![CDATA[Introduction: With advancements in technology and social media, consumers can easily obtain the goods they desire. With this convenience, customers can more quickly obtain the products they desire, whether through e-commerce, websites, or directly online with the seller. Not only easily obtainable items that are widely sold in the market, but also hard-to-find items, such as rare products or those only available abroad. This phenomenon encourages entrepreneurs to become more creative and create new business opportunities. One of them is by making a consignment agreement to buy goods, where the consignment gives authority to someone to spend on the desired goods with an agreed amount of money.Purposes of the Research: The objective of this research is to examine the Application of the Principle of Good Faith in Online Shopping Service Agreements.Methods of the Research: This research is conducted normatively juridical, using library data as secondary data to examine the rules and norms in law.Results of the Research: The application of the principle of good faith is very important as the basis for the validity of an agreement because it is carried out with a balanced and proportional agreement between both parties, without favoring one party over the other. Since agreement is the determinant of the formation of a contract, there will be no contract between both parties if there is no agreement. Legal certainty is also very important to protect buyers who conduct online transactions through online escrow services and similar intermediaries. Because consumer rights are very important to uphold, and to raise business operators' awareness about the importance of consumer protection to foster honest and responsible business attitudes.]]>
<![CDATA[Penyelesaian Sengketa Waris Melalui Mediasi Adat Dalihan Natolu ]]>
<![CDATA[Camalia, Tamarine]]>;
<![CDATA[Kusmayanti, Hazar]]>;
<![CDATA[Mantili, Rai]]>
<![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.v4i3.2294
<![CDATA[Introduction: The principle of Dalihan Natolu regulates three important aspects of vertical relationships between descendants, horizontal relationships between siblings, and relationships with the wider community. Dalihan Natolu reflects three important pillars, namely Hula-hula (in-laws), Dongan Sabutuha (brothers), and Boru (daughters).Purposes of the Research: The purpose of this article is to the settlement of inheritance disputes can be pursued through customary mediation using the Dalihan Natolu customary principle.Methods of the Research: This research is a normative legal research, namely legal research to examine a norm, principle and/or legal doctrine.Results of the Research: The results of the research obtained are as follows: First, the process of resolving inheritance disputes through Dalihan Natolu customary mediation emphasizes the value of deliberation and local wisdom. In practice, Dalihan Natolu functions as a mediator who creates conducive dialog conditions between the disputing parties, involving three important elements: Hula-hula, Dongan Sabutuha, and Boru. Second, the legal position of the Dalihan Natolu customary mediation decision in inheritance disputes has an important role both socially and culturally. Although this mediation decision does not have formal legal force, it is respected by indigenous people and serves as a strong moral basis.]]>
<![CDATA[Implementasi Parate Eksekusi Sebagai Penyelesaian Kredit Bermasalah Pada Bank ]]>
<![CDATA[Pratiwi, Widya Sari]]>;
<![CDATA[Mahmudah, Siti]]>
<![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.v4i3.2326
<![CDATA[Introduction: The occurrence of credit problems can result in huge losses that need to be addressed. One attempt to rescue troubled credit is to carry out a parate execution, that is to say, attempting to save trouble credit without the involvement of a court.Purposes of the Research: The study aims to examine the application of parate execution as an attempt to settle troubled credit in banks. In practice, there is a challenge that banks have to face, namely bad credit.Methods of the Research: This study uses a method of normative law research with a statue approach and a conceptual approach. (conceptual approach). The legal material consists of primary legal material namely regulations of laws, and secondary legal materials namely books, journals and official websites collected using library study techniques. Research objects refer to problematic credits as topics studied in research and analysis used using qualitative analysis techniques.Results of the Research: The results of the research show that the implementation of the parate of execution is realized by the execution of the right of dependency as regulated in Article 6 of the Act on the Right of Dependency. Execution is done through auction execution. A previously agreed object will be auctioned if there is a failure to perform. However, in practice also found obstacles such as the low level of fans or buyers, lawsuits and objections from the debtor, as well as KPKNL who have no authority in carrying out the execution of the object of security so that can not deal with the problem of debtor who makes the opposition and refuses to hand over the item of security that has been auctioned.]]>
<![CDATA[Penanganan Sengketa Aset Daerah Melalui Musyawarah Dan Negosiasi ]]>
<![CDATA[Nur Syahputri, Nivarica Aurel]]>;
<![CDATA[Azhar, M. Kholidul]]>;
<![CDATA[Ansori, Ansori]]>
<![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.v4i3.2327
<![CDATA[Introduction: Handling disputes over regional assets is an important issue in the management of local government wealth. Regional asset dispute resolution through deliberation and negotiation as an alternative to litigation. Disputes often arise due to unclear asset registration, such as in the case of land disputes between the local government and the community or other parties.Purposes of the Research: This study aims to find out the handling of regional asset disputes carried out through deliberation and negotiation and this research contributes to efforts to improve regional asset management in Indonesia.Methods of the Research: The type of research used is normative juridical research or literature law research method, namely reviewing laws and regulations and relevant case studies on the Handling of Regional Asset Disputes Through Deliberation and Negotiation to be the material for study in finding answers to the legal issues studied.Results of the Research: The results show that while deliberation and negotiation can be an effective solution to avoid time-consuming and costly court proceedings, often the results achieved are not satisfactory to both parties. Therefore, in addition to deliberation and negotiation, a historical approach and accurate administrative and physical recording of regional assets are needed to prevent future disputes.]]>
<![CDATA[Penegakan Pelanggaran Hak Cipta di Era Revolusi Industri: Studi Putusan ]]>
<![CDATA[Sofia, Sofia]]>;
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Agustianto, Agustianto]]>
<![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.v4i3.2336
<![CDATA[Introduction: Changes in the industrial revolution have increased the risk of copyright infringement of products, which can be detrimental to the creator. Therefore, better protection is needed to address this high risk.Purposes of the Research: This research aims to analyze law enforcement related to copyright infringement in the era of the Industrial Revolution through case studies of judges' decisions.Methods of the Research: The research method used is the normative legal method by analyzing legislation and Court Decisions Number 505 K/Pdt.Sus-HKI/2021 and Number 1933 K/Pid.Sus/2021 through literature study, by applying descriptive legal interpretation techniques to reach the right conclusion.Results of the Research: The results showed that law enforcement against copyright infringement involves two main approaches, namely preventive and repressive. The preventive approach is carried out through regulations that provide legal certainty, such as the presence of the Copyright Act. Meanwhile, the repressive approach is realized through legal proceedings in court and out of court to take action against violations that occur. This study highlights several cases of copyright infringement in Indonesia and shows the importance of strong law enforcement to protect the rights of creators in the digital age.]]>
<![CDATA[Transparansi Beneficial Ownership Sebagai Upaya Control by Host State Indonesia Terhadap Perusahaan Multinasional ]]>
<![CDATA[Firdaus, Achmad Dzulfadli]]>
<![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.v4i3.2339
<![CDATA[Introduction: Beneficial ownership is a type of ownership that can refer to an individual who is not legally written as the owner of the company, but has control and receives benefits from the company.Purposes of the Research: The purpose of this study is to find out the function of transparency of beneficial ownership as control by host state in order to find out who is actually beneficial ownership of multinational companies as an effort to prevent and eradicate violations committed by multinational companies.Methods of the Research: This study uses normative law research with an analytical approach to regulations derived from national and international law (statue approach).Results of the Research: First, there is a need to improve the mechanism for regulating the transparency of beneficial ownership in Indonesia to reveal the ultimate beneficial ownership. Second, if the transparency of beneficial ownership is truly enforced, then Indonesia can use the data as control by Indonesia's host state in overcoming risks and violations committed by multinational companies such as restrictions on share ownership, prevention of money laundering crimes, prevention of terrorism financing, business competition, consumer protection, environmental crimes and other violations in accordance with regulations in Indonesia.]]>
<![CDATA[Pembayaran Bea Perolehan Hak Atas Tanah Dan Bangunan Pada Pembuatan Akta Hibah Wasiat ]]>
<![CDATA[Paerunan, Olivia Gloria]]>;
<![CDATA[Kuspraningrum, Emilda]]>;
<![CDATA[Utomo, Setiyo]]>
<![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.v4i3.2341
<![CDATA[Introduction: Balikpapan City Regional Regulation Number 8 of 2023 expressly regulates that the obligation to pay BPHTB (Land and Building Rights Acquisition Fee) for bequests is payable when the grantee officially obtains rights to the inherited land and/or building. Based on research results, it shows that there are significant differences in interpretation among land deed making officials (PPAT) regarding this provision. Research findings reveal that there are differences in BPHTB payment practices carried out by PPAT. Some PPATs make payments at the beginning of the process, while others pay at the end. This difference reflects a misunderstanding among PPATs regarding when the tax liability is actually due.Purposes of the Research: This research aims to analyze the implementation of BPHTB (Land and Building Rights Acquisition Fee) payments on will grants in Balikpapan City.Methods of the Research: This research uses socio-legal methods with primary data obtained directly through on-site interviews, as well as secondary data which is divided into three groups: primary legal materials (legislation), secondary legal materials (books, journals, papers, research results), and tertiary legal materials (law and Indonesian dictionaries). The choice of socio-legal method does not rule out support for the doctrinal approach studied in other laws and regulations.Results of the Research: The existence of differences in interpretation of the provisions when BPHTB is owed for testamentary grants in Balikpapan City Regional Regulation Number 8 of 2023 reflects a significant gap between written legal norms and implementation practices in the field. Misunderstanding by land deed officials regarding the timing of BPHTB payments indicates that there are obstacles in implementing the law, which can give rise to legal problems related to violation of norms.]]>
<![CDATA[Tugas Manjelis Pengawas Daerah Dalam Melakukan Pengawasan Terhadap Pejabat Umum Notaris ]]>
<![CDATA[Panarai, Natalia Silfania]]>;
<![CDATA[Santoso, Budi]]>
<![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.v4i3.2343
<![CDATA[Introduction: In the current era of globalization, the presence of Notary services in the development process is increasing. Therefore, in carrying out the position of Notary, it is necessary to supervise and provide guidance so that the Notary can carry out the duties and functions of his position optimally. Supervision and guidance is carried out by the Regional Supervisory Council. However, in its implementation, there are still many Notaries who commit violations both regarding Notarial behavior and the implementation of the Notary's position, apart from that the large area of Malang Regency creates obstacles to the supervision process.Purposes of the Research: Questioning how the Supervision Pattern of the Regional Supervisory Council and whether the supervision of Notaries carried out by the Regional Supervisory Council to Notaries has been carried out effectively.Methods of the Research: This research uses an empirical juridical approach.Results of the Research: The results of this research indicate that the implementation of supervision and guidance by the Regional Supervisory Council has been effective. This can be seen through the supervision pattern carried out by the Regional Supervisory Council, namely by holding regular meetings 1 (one) time every month, providing physical and electronic notifications to notaries, having procedures for handling notaries who are reported by the public, holding internal hearings. Explain the Regional Supervisor to decide on sanctions imposed on Notaries, Provide special rules to Notaries to install CCTV and finger print at the Notary's office in order to minimize violations.]]>
