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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
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Comparison of Forensics Death Investigation in Indonesia and Belgium Rahmadani, Anindita Mutiara
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.v5i1.2801

Abstract

Introduction: Forensic examination is crucial in obtaining evidence as soon as possible since the human body is a source of biological evidence that can change over time. There are differences between the systems and services provided by forensic medicine in various countries.Purposes of the Research: This study aims to analyze the comparison of forensic death investigations between Indonesia and Belgium.Methods of the Research: This research is normative, using a conceptual and comparative approach. The literature study method was used to collect data for this study, which was analyzed qualitatively.Results Main Findings of the Research: The analysis results show that the forensic examination system in Indonesia applies Scientific Crime Investigation (SCI). By using science and technology combined with criminal analysis, the police can solve criminal cases through the use of SCI methods. Meanwhile, the forensic investigation system in Belgium uses the Medical Examiner System, where a medical examiner is appointed to investigate the cause and manner of death in accordance with Belgian laws and regulations.
Investment Contracts in The Context of Foreign Direct Investment as One of The Solutions to Achieve The Development of a New National Capital City Ramadhan, Alfin
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.v5i1.2544

Abstract

Introduction: The development of the new National Capital City is an ambitious project designed to create a modern and sustainable government center aimed at promoting equitable development and economic growth in Indonesia. In this context, the background of the study lies in the challenges faced, particularly the significant financial resources required to realize the development. One identified solution is the enhancement of Foreign Direct Investment (FDI), which can contribute to supporting infrastructure development, technology transfer, and job creation.Purposes of the Research: This study aims to analyze the role of FDI in supporting the development of the new National Capital City as a sustainable financing strategy.Methods of the Research: The method used in this research is a descriptive-qualitative approach, analyzing secondary data such as reports, government policies, and related literature to understand FDI’s contribution to national development, particularly in the context of the new National Capital City.Results Main Findings of the Research: The results indicate that FDI has great potential to accelerate new National Capital City development through the provision of foreign capital, technology capacity enhancement, and strengthening of international economic relations. However, the study also identifies challenges, such as the need for attractive investment policies and economic-political stability, to sustainably attract foreign investors. In conclusion, optimizing FDI requires synergy between government policies and adequate infrastructure support to ensure the successful realization of the new National Capital City development plan.
Legal Protection of the Torem Tree (Manilkara Kanosiensis) as an Endemic Plant Narwadan, Theresia Nolda Agnes; Labetubun, Muchtar Anshary Hamid; Fataruba, Sabri
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.v5i1.3008

Abstract

Introduction: Yamdena Island, part of the Tanimbar Islands, Maluku, holds unique biodiversity, including the endemic Torem Tree (/Manilkara kanosiensis/). This tree has important ecological value as an ecosystem buffer, economic value for local communities through the use of its fruit and wood, and cultural value related to traditional traditions and rituals. However, the Torem Tree faces serious threats from deforestation, land conversion, and unsustainable exploitation, exacerbated by climate change. Inadequate legal protection status is a crucial issue.Purposes of the Research: This study aims to analyze and evaluate the effectiveness of legal protection of the Torem Tree as an endemic plant on Yamdena Island.Methods of the Research: The research method used is normative law with a statutory and conceptual approach. Data is obtained from related laws and regulations, legal literature, and relevant documents. Data analysis is carried out through legal interpretation, comparative analysis, and legal synthesis.Results Main Findings of the Research: The findings of the study show that the existing legal framework has not effectively protected the Torem Tree. The legal loophole lies in the lack of specific regulations that recognize and protect the endemic status of the Torem Tree, as well as weak enforcement of the law against related violations. This study concludes the need to strengthen legal protection through comprehensive revision of laws and regulations, increased effective supervision and law enforcement, and increased active participation of local communities in conservation efforts. Policy recommendations include the establishment of a clear legal status for the Torem Tree, the development of a sustainable management plan based on local wisdom, and increasing public awareness of the importance of the conservation of the Torem Tree for the sustainability of the ecosystem and the welfare of the Yamdena community.
Criminology of Sexual Acts Committed by Children Saimima, Berrygibs Jacob; Hehanussa, Deassy Jacomina Anthoneta; Sopacua, Margie Gladies
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.v5i1.2050

Abstract

Introduction: Child as an unlawful act committed solely as a reaction to pressure or pressure from within and from the child's environment.Purposes of the Research: The aim of this research is to examine and analyze the factors that cause children to commit crimes of sexual intercourse and to analyze and explain efforts to overcome criminal acts of sexual intercourse committed by children.Methods of the Research: The type research to be used is normative legal research, which is a study that examines positive legal provisions, legal principles, legal principles and legal doctrines to answer the legal issues faced.Results Main Findings of the Research: The results of this research show that children have sexual intercourse with children specifically, namely the child is in his teens and his psychological condition is still very unstable, resulting in the child not being able to think long and hard about the criminal act he committed. Efforts to overcome the crime of sexual intercourse committed against children are through preventive measures in a non-penal way, namely by educating the community and schools to monitor and pay attention to a person's activities or behavior so that they do not deviate. So when handling cases against children there needs to be maximum sanctions and punishments aimed at strong self-control so that they are not easily tempted to do something that is not good in their hearts and minds.
The Legality of the Maluku Governor's Action in Mutating Doctors Between Hospitals Tanner, Juliani; Salmon, Hendrik; Bakarbessy, Andress Denny
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.v5i1.2062

Abstract

Introduction: There are often problems regarding the mutation of doctors between hospitals in the Maluku Province area carried out by the Governor of Maluku. The action of the Governor of Maluku to carry out the mutation caused a reaction of rejection from the mutated doctors and a number of mutation personnel and members of the Provincial Regional House of Representatives, because it was considered contrary to the provisions of laws and regulations. Purposes of the Research: The purpose of this writing is to analyze the legality of the Maluku Governor's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province, and the Legal Consequences if the Governor of Maluku's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province Does Not Have Legality.Methods of the Research: The research method in this writing is normative legal research. The approaches used in this study are the laws and regulations approach, the conceptual approach, and the case approach.Results Main Findings of the Research: The results of the study show that the Governor of Maluku transfers doctors between hospitals without a basis for authority, because there is no delegation of authority from the President as the holder of the highest power in the development of the State Civil Apparatus. This is evidenced by the absence of Government regulations or Presidential Regulations or Provincial Regulations that regulate the delegation of authority from the President to the Governor of Maluku for the mutation in question. Similarly, mutation is carried out through a mutation procedure for mutation planning for a minimum of 2 (two) years and a maximum of 5 (five) years. Mutation is carried out on the basis of the suitability between the competence of Civil Servants and the requirements of the position, position classification and career pattern, taking into account the needs of the organization, there should be no conflict of interest in the implementation of mutations. For this reason, the mutation of the Governor of Maluku to transfer doctors between hospitals is without authority, and not in accordance with procedures and substance so that it does not have legality, so it has legal consequences in question as invalid. The action of the Governor of Maluku is considered non-binding since it was established and all legal consequences that arise are considered to have never existed, because the mutation carried out by the Governor is null and void for the sake of the law.
Legal Protection For Heirs Against Inheritance Ramadhan, Fadel; Tjoanda, Merry; Latupono, Barzah
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.v5i1.2076

Abstract

Introduction: The agreement of all heirs to the transfer of land rights through sale and purchase is an important component that must be a concern for the parties who carry out the sale and purchase, especially inherited land. In this case, the holder of his land rights gets legal protection later, therefore, analyzing and reviewing the issue of legal protection to heirs of inherited property.Purposes of the Research: This study aims to find out how the validity of buying and selling inheritance without the knowledge of heirs and how legal protection to heirs against buying and selling inheritance property.Methods of the Research: This research uses normative juridical research methods, legal approaches, case approaches, conceptual approaches used in this research. In addition, to solve legal issues, sources of legal materials are needed, namely primair legal materials, secondary legal materials, and tertiary legal materials.Results Main Findings of the Research: Shows that the validity of the sale and purchase of inheritance assets of the Supreme Court of the Republic of Indonesia Decision Number 702 PK / PDT / 2020 which does not meet Article 1320 of the Civil Code and Article 1471 of the Civil Code. Furthermore, legal protection to heirs against the sale and purchase of inheritance can make new legal remedies with a deliberative approach to obtain a share of absolute rights or legitime portie in claiming losses that have been suffered by heirs based on the provisions of Article 913 of the Civil Code, if deliberation is unsuccessful, they can file a lawsuit based on Article 834 of the Civil Code and Article 835 of the Civil Code and Article 1365 of the Civil Code which is the basis for The context of legal protection to heirs which is the right and interest of heirs to the sale and purchase of an inheritance object.
Authority of the Deputy Minister's Position in the State Government Structure deLima, Eliza Abraham; Tjiptabudy, Jantje; Nendissa, Renny Heronia
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.v5i1.2079

Abstract

Introduction: The system of government adopted by Indonesia is the presidential system. Where is the position of the President as the head of state and head of government. In running the wheels of government, the President is assisted by state ministries. The number of state ministries is adjusted to the President's program in the field of government, as well as to support the performance of state ministries.Purposes of the Research: Explain the position of the deputy minister as stated in Article 10 of Law Number 39 of 2008 concerning State Ministries and understand the authority of the Deputy Minister in the organizational structure of the State Ministry.Methods of the Research: The type of research used is normative research. In this research, a statutory-regulatory approach (Statutory Approach) and a conceptual approach (Conceptual Approach) are used. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials are qualitative.Results Main Findings of the Research: The position of Deputy Minister does not explicitly shift the position of Secretary to the Minister. The Deputy Minister and the Secretary General/Ministry have the same position as assistants to the Minister, but it is not normatively explained in the statutory regulations regarding whether the Deputy Minister shifts the position of Secretary to the Minister and there is overlapping authority between the position of the Deputy Minister and the Ministry Secretariat or Secretariat General in carrying out the ministry's duties.
The Utilization of Restorative Justice as a Means of Solving Crimes on the Outermost, Frontier and Remote Islands Toffy, Giovani Babtista Montini; Nirahua, Salmon Eliazer Marthen; Toule, Elsa Rina Maya
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.v5i1.2219

Abstract

Introduction: The legal community needs a criminal justice system that is fast, easy, economical and not complicated for the community of Letti Island District, which is the most remote outermost island, the court that hears criminal and civil cases is located on the Tanimbar Islands, the use of restorative justice by the Serwaru Police and the application of culture "Snyoli – Lieta” As “Hidup Orang Basudara” on the island in Letti Island acts as a filter in resolving criminal cases.Purposes of the Research: Analyze and discuss the basis for using restorative justice as a means of resolving criminal acts in the Serwaru Police Legal Area, Letti Island District, Southwest Maluku Regency as the outermost, foremost, and remote island.Methods of the Research: This research was conducted using an empirical legal research type. The empirical legal research method is a study of how the law is carried out in the field as it should be in people's lives.Results Main Findings of the Research: The basis for the use of justice restorative as a means of resolving criminal acts in the Legal Area of the Serwaru Police, Letti Island District, Southwest Maluku Regency as the outermost, foremost, remote island is based on the "Snyoli Lyeta" culture whose resolution mechanism is the same as the mediation process adopted inrestorative justice which prioritizes the deliberation process between victims and perpetrators of criminal acts, so that almost all criminal acts handled by the Serwaru Police in implementing National Police Chief Regulation Number 8 of 2021 can be resolved using justice.
Green Constitution In Government Supervision of Mining Activities Mangawe, Darmawan Arung Pryantomo; Saptenno, Marthinus Johanes; Pietersz, Jemmy Jefry
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.v5i1.2428

Abstract

Introduction: This article analyzes the concept of Green Constitution, which is essentially the idea of sustainable environmental development. The eco-friendly concept itself is more of a method rather than a status, more of a verb rather than an adjective.Purposes of the Research: The purpose of this article is to understand and analyze the concept of Green Constitution in the management of mining resources, as well as the government's supervisory responsibility over mining activities based on the Green Constitution concept.Methods of the Research: In conducting this research, the author employs a normative juridical legal research method. Juridical research refers to examining legal aspects based on legislation, while normative research is legal research aimed at finding legal rules and doctrines to address existing legal issues.Results Main Findings of the Research: Based on the findings of existing research, the Green Constitution functions as a critique of interests that only prioritize economic benefits over the environment. As a result of regulations that do not fully uphold the Green Constitution, there is an impact on the weak supervision from the government over mining activities.
Implementation of the Customary Law System in Criminal and Civil Law Enforcement in Coastal Communities Wadjo, Hadibah Zachra; Uktolseja, Novyta
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.v5i1.2459

Abstract

Introduction: Customary law plays a crucial role in resolving various social conflicts and maintaining justice within the local context.Purposes of the Research: The objective of this article is to examine the role of customary law in resolving criminal and civil disputes within the coastal communities, focusing on the practices of customary law in Negeri Tamilouw, Maluku.Methods of the Research: This research employs a normative-empirical approach, combining literature analysis of customary law with direct observation of its application in the Tamilouw community.Results Main Findings of the Research: The findings of the study show that customary law in the Land of Tamilouw plays an important role in resolving social conflicts through restorative approaches. Communities prefer customary deliberation to taking cases to formal courts, despite challenges in customary law recognition of national law. Customary law is also effective in resolving civil disputes, such as inheritance and property rights, based on local cultural norms.

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