cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muchtar A H Labetubun
Contact Email
mahlabetubun@gmail.com
Phone
+6285243175321
Journal Mail Official
pattimuramagisterlaw@gmail.com
Editorial Address
Program Pascasarjana Universitas Pattimura, Kampus Unpatti, Jalan. Dr. Latumeten, Ambon, Maluku 97166, Indonesia.
Location
Kota ambon,
Maluku
INDONESIA
PAMALI: Pattimura Magister Law Review
Published by Universitas Pattimura
ISSN : -     EISSN : 27755649     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 119 Documents
 6   7   8   9   10 
Menilai Kualitas Pemimpin: Fit and Proper Test dalam Demokrasi Berbasis Moralitas, Intelektualitas, dan Elektabilitas Munazih, Muflih
PAMALI: Pattimura Magister Law Review Vol 4, No 3 (2024): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i3.2370

Abstract

Introduction: The Fit and Proper Test (FPT) is an important process in assessing potential leaders in the democratic country of Indonesia, which aims to ensure that candidates meet the requirements of morality, intellectuality and electability. Based on Law no. 17 of 2014 and Law no. 8 of 2015, the morality aspect requires prospective leaders to have integrity and a good track record. However, challenges arise from politicization which often ignores these values.Purposes of the Research:  The aim of this research is to analyze the effectiveness of the Fit and Proper Test in the context of morality, intellectuality and electability, as well as provide recommendations for improving the leader selection process in Indonesia.Methods of the Research: This research uses a qualitative approach with descriptive analysis, collecting data through literature studies and expert interviews. The results are expected to provide an overview of the effectiveness of the fit and proper test regarding morality, intellectuality and electability, as well as recommendations for future improvements. Historical and conceptual approaches are also applied to systematically understand legal philosophy.Results of the Research: The conclusion of this research confirms that the Fit and Proper Test (FPT) has a vital role in selecting quality leaders in Indonesia. This process must consider morality, intellectuality and electability in accordance with the provisions of the law. Although challenges in implementation often arise due to politicization, transparent and accountable FPT reform is very important to produce leaders who are able to advance the nation.
Konsekuensi Lingkungan Dan Sosial Dari Penebangan Liar: Implikasi Hukum Dan Strategi Penegakan Lestari, Nopita; Rahmatiar, Yuniar; Abas, Muhamad
PAMALI: Pattimura Magister Law Review Vol 4, No 3 (2024): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i3.2167

Abstract

Introduction: Illegal logging is a critical issue that harms the environment, economy, and society. This activity results in forest degradation, increases the risk of natural disasters, and undermines the economic potential of sustainable natural resource management.Purposes of the Research: This study aims to analyze the environmental impacts of illegal logging and the penalties imposed on offenders under applicable laws.Methods of the Research: The study employs a normative juridical method, focusing on the legal framework surrounding illegal logging. The analysis highlights the environmental and economic consequences of illegal logging and evaluates the effectiveness of law enforcement measures.Results of the Research: Illegal logging leads to environmental degradation, including heightened risks of flooding and landslides due to soil instability and reduced water absorption. Economically, it diminishes potential revenue from sustainably managed natural resources. Offenders may face sanctions such as fines, compensation, and rehabilitation costs. Strong law enforcement and collaboration between the government, NGOs, communities, and the private sector are essential for effective forest protection.
Mahkamah Konstitusi Di Persimpangan: Menelusuri Upaya Pelemahan Dan Dampaknya Bagi Hukum Dan Demokrasi Salsabil, Hilda Halnum
PAMALI: Pattimura Magister Law Review Vol 4, No 3 (2024): NOVEMBER
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i3.2371

Abstract

Introduction: This article discusses the position of the Constitutional Court (MK) in Indonesia in the context of the attempts to weaken it and its impact on law and democracy.Purposes of the Research: This research identifies several factors that contribute to the Constitutional Court's challenges, such as political interference, corruption, and legislation that harms the institution's independenceMethods of the Research: Using literature methods, this research analyzes various secondary sources, including books, academic articles, and official reports relating to constitutional and judicial issuesResults of the Research: Weakening of the Constitutional Court (MK) can be divided into two categories: external and internal. External factors include the lack of strengthening authority in the Constitutional Court Law, political efforts in appointing judges, and the removal of judges by the DPR without legal basis. Meanwhile, internal factors come from ethical violations of judges affiliated with politics and inconsistencies in decisions. Strengthening the Constitutional Court institution is needed through a transparent judge selection process and supervision from the Judicial Commission, concluding that efforts to strengthen the Constitutional Court are very important in maintaining justice and democracy in Indonesia. Recommendations are proposed to increase the independence and accountability of the Constitutional Court, including the need for structural reform and strengthening supervisory mechanisms. Thus, this research contributes to understanding the importance of the role of the Constitutional Court in a healthy legal system and democracy.
Implementation of Restorative Justice at the Payakumbuh District Attorney's Office in the Case of Traffic Accident Crime Resulting in Minor Injuries Ramadani, Sherly; Zulfiko, Riki
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2872

Abstract

Introduction: The rapid development of transportation has revolutionized people's lives. Behind this progress there are challenges, namely the risk of traffic accidents. In everyday life, accidents that result in minor injuries can often be resolved with a more familial approach. The Payakumbuh District Attorney's Office, in an effort to realize harmonious justice, applies the concept of Restorative Justice as an alternative solution to resolve cases.Purposes of the Research: Examining the regulations governing criminal acts of traffic accidents which result in minor injuries with restorative justice efforts and the implementation of Restorative Justice for criminal acts of traffic accidents at the Payakumbuh District Prosecutor's Office.Methods of the Research: The research method used in this research is the juridical-empirical method, legal research regarding the application or application of normative legal provisions directly to each specific legal event that occurs in society.Results Main Findings of the Research: The basic implementation of restorative justice provisions in the Indonesian Prosecutor's Office is contained in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020. It is easy to carry out restorative justice efforts in this case because the victim is willing to forgive and reconcile with the suspect, the conditions for carrying out restorative justice efforts are fulfilled.
Effectiveness On The Implementation Of Minister Of Health Decree Number 6424 Of 2021 On Covid-19 Vaccination Doses 3 And 4 Fitri, Syari Ramdhania; Nurlaily, Nurlaily; Seroja, Triana Dewi
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2864

Abstract

Introduction: COVID-19 vaccination is an important initiative in the Indonesian government's strategy to manage the pandemic and achieve herd immunity. Based on the Decree of the Minister of Health Number 6424 of 2021, the government intends to increase the coverage of the third and fourth doses as part of the national vaccination program.Purposes of the Research: The purpose of this study seeks to evaluate the effectiveness of this policy in Riau Islands Province, especially to examine the obstacles faced in achieving adequate vaccination coverage.Methods of the Research: Using an empirical legal methodology with a sociological legal approach, this study analyzes data related to the implementation of vaccination and the factors that cause the absorption of the third and fourth doses to be suboptimal.Results Main Findings of the Research: Key findings show that although the administration of the first and second doses yielded positive results, the uptake of the third and fourth doses was still hampered by a variety of challenges, including legal factors, law enforcement factors, as well as a lack of public awareness and cultural challenges. Based on these findings, the government is advised to increase public outreach efforts, increase socialization and legal education, improve regulations and policies, strengthen law enforcement, provide incentives, education based on local wisdom, and cultural incentive programs. In addition, policies that prioritize public understanding and engagement are critical to achieving desired vaccination goals.
Mechanism for the Appointment of Acting Regional Heads Who Participate in the Simultaneous Regional Elections Adrian, Rifki; Nasution, Faisal Akbar; Sihombing, Eka N A M; Sutiarnoto, Sutiarnoto
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2920

Abstract

Introduction: Regional Heads, which are often not in accordance with the Constitutional Court Decision Number 67/PUU-XIX/2021, that in choosing the Acting Head, it must be measurable and clear that it does not ignore the principles of democracy, pay attention to regional aspirations and be carried out openly, transparency and accountability. This is because there is no regulation that contains how the mechanism for electing Acting Regional Heads is permanent, so that it leads to centralistic conflicts of interest in local governments.Purposes of the Research: To examine in this study what the Mechanism for Appointment of Acting Regional Heads Who Participate in the Simultaneous Regional Elections.Methods of the Research: The research method carried out is normative legal research with a statutory research approach (Statue Approach). The data sources used were secondary data with Premier legal material, secondary legal material and Tresier Law material, data analysis used by Qualitative method. This research discusses the arrangement, appointment mechanism, as well as the duties and authorities of acting regional heads in the context of the implementation of the Simultaneous Regional Elections in Indonesia.Results Main Findings of the Research: The findings of the study show that the regulation of acting regional heads is regulated in Article 201 of Law Number 10 of 2016 and Regulation of the Minister of Home Affairs Number 4 of 2023. However, this arrangement is not in accordance with the principle of a just and democratic state of law. The mechanism for appointing acting regional heads also does not involve community participation and tends to be centralistic. Meanwhile, the duties and authority of the acting regional head refer to the definitive duties and authorities of the regional head, although there are certain limitations. Therefore, rules are needed that are more in line with the principles of the state of law and democracy, and involve community participation in the process of appointing acting regional heads. In addition, the government needs to consider regional aspirations in appointing acting regional heads.
Criminal Law and Civil Law Accountability for the Spread of Fake News in the Digital Era Julvina, Julvina; Hutauruk, Rufinus Hotmaulana; Sudirman, Lu
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2352

Abstract

Introduction: Freedom of expression in the digital era without any restrictions indirectly triggers the spread of fake news. The freedom to spread news or broadcasts often transcends legal, cultural and religious boundaries. Therefore, fake news is used as a tool to attack honor and bring down the good name of a person or group.Purposes of the Research: This research aims to analyze criminal and civil law regulations related to the spread of fake news in the digital era in Indonesia.Methods of the Research: Through normative legal research methods, this study examines various relevant regulations, including the Criminal Code, Civil Code, and Electronic Information and Transaction Law.Results Main Findings of the Research: The results of the study show that both criminal and civil laws already have mechanisms to overcome the spread of fake news. In the criminal realm, sanctions are given to perpetrators who spread fake news with a wide impact, such as inciting riots or violating human rights. Related articles in the Criminal Code and the Electronic Information and Transaction Law, such as Article 160 of the Criminal Code and Article 28 paragraph (3) jo. Article 45A paragraph (3) of the Electronic Information and Transaction Law, provides a strong legal basis. Meanwhile, civil law allows aggrieved individuals to claim compensation through the concept of unlawful acts in the Civil Code. A comparison between criminal and civil law shows that these two systems are complementary: criminal law focuses on providing a deterrent effect and protecting the public interest, while civil law places more emphasis on the recovery of individual losses. While existing regulations are adequate to deal with the spread of fake news, increased legal awareness in the community, stronger law enforcement, and more effective prevention mechanisms are needed to deal with the challenges in this digital age.
Legal Aspects of Government on The Role of The Yosowilangun Village Government in Preserving Local Traditions and Culture Fidinansyah, Muhammad Iqbal; Wardana, Dodi Jaya
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2813

Abstract

Introduction: Based on the government's efforts to protect, develop, preserve, and utilize the cultural values and heritage of the nation's traditions. The government needs to carry out cultural revitalization to restore and revive marginalized cultural values that could become extinct. In addition to the village government, the community also needs to play a role in preserving traditions and culture to motivate the community to recognize and actively participate in maintaining local cultural heritage.Purposes of the Research: To find out the role and efforts of the village government in developing traditions and culture, in this case the cultural heritage of Yosowilangun Village.Methods of the Research: This study uses a qualitative methodology that includes document analysis, interviews with officers or staff at the Yosowilangun Village Office, and an observational data collection approach. The data analysis method used is interactive analysis, namely data collection and presentation and drawing conclusions.Results Main Findings of the Research: Shows that the Yosowilangun Village Government actively fosters the development of traditions by preserving cultural heritage within the scope of the Yosowilangun Village Government, and strives to overcome existing obstacles in efforts to preserve cultural heritage. Therefore, from the perspective of constitutional law, the role of the Yosowilangun Village Government in maintaining and advancing traditions and culture in accordance with Gresik Regency Regional Regulation Number 8 of 2019, is considered very effective as a foundation for advancing the development of traditions and culture in the Village.
Implementation of Criminal Execution of Tax Fines Against Decision Number: 249/PID.SUS/2022/PN. TPG Putunezar, Shaeku; Nurlaily, Nurlaily; Disemadi, Hari Sutra
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2807

Abstract

Introduction: Taxes are obligations requiring citizens to pay a specified amount of money to the state. Following the enactment of the Tax Harmonization Law in 2021, tax law enforcement in Indonesia has been directed toward recovering state revenue losses.Purposes of the Research: This study aims to describe and analyze the implementation of criminal fine execution in tax cases as outlined in Decision Number: 249/Pid.Sus/2022/PN.Tpg.Methods of the Research: The study employs a normative legal approach through library research, which includes references such as laws, articles, and journals. Secondary data were collected through literature review and analyzed using a qualitative juridical approach.Results Main Findings of the Research: The findings of the study show that the confiscation of land and buildings belonging to the convicts is not in line with Article 39 Paragraph (1) of the Criminal Procedure Code. In addition, the assets had been used as collateral by Bank Mandiri Tanjungpinang, a State-Owned Enterprise, before the investigation began. This results in a lack of legal certainty and becomes an obstacle in the execution process. To ensure legal certainty, the investigation process must be accompanied by the tracking and blocking of the assets found, in the settlement of tax criminal cases in Decision Number: 249/Pid.Sus/2022/PN.Tpg, deliberation or coordination regarding land and building assets can be carried out, because the ultimate goal is to return the results of the execution to the state.
The Authority of A Notary Who Is Declared Bankrupt Against The Validity of The Deed That Has Been Made Savarina, Anitya Arwa; Badriyah, Siti Malikhatun
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2426

Abstract

Introduction: Notaries have the authority to make authentic deeds based on the Notary Law. However, if a notary is declared bankrupt, a statement will arise regarding his/her authority and the validity of the deeds that have been made. However, deeds made before the notary goes bankrupt remain valid as long as they meet the legal requirements.Purposes of the Research: This study aims to explore the legal impact and responsibilities of notaries who are declared bankrupt, especially regarding the validity of the documents they have created.Methods of the Research: The type of research used is Normative Juridical research or library legal research method, namely reviewing laws and regulations and relevant case studies on the importance of understanding bankruptcy status where notaries affect their professional duties and the authenticity of legal documents.Results Main Findings of the Research: The results show that deeds made by a notary before being declared bankrupt generally still have legal validity, although bankruptcy can affect public trust and the notary's ongoing responsibility.

Page 8 of 12 | Total Record : 119

 6   7   8   9   10 

Filter by Year

2021 2025


Reset
Filter By Issues
All Issue Vol 5, No 3 (2025): NOVEMBER (in progress) Vol 5, No 2 (2025): JULY Vol 5, No 1 (2025): MARCH Vol 4, No 3 (2024): NOVEMBER Vol 4, No 2 (2024): JULI Vol 4, No 1 (2024): MARET Vol 3, No 2 (2023): SEPTEMBER Vol 3, No 1 (2023): MARET Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 Vol 2, No 1 (2022): VOLUME 2 NOMOR 1, MARET 2022 Vol 1, No 2 (2021): VOLUME 1 NOMOR 2, SEPTEMBER 2021 Vol 1, No 1 (2021): VOLUME 1 NOMOR 1, MARET 2021 More Issue