PATTIMURA Legal Journal
PATTIMURA Legal Journal, which is abbreviated as (PELA), is a peer-reviewed media managed and published by the Postgraduate Program Docktoral in Law, Pattimura University. PATTIMURA Legal Journal publishes scientific papers in the field of law, published three times a year in April, August and December. The aim of this journal is to provide a place for academics, students, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content based on the principle that making research freely available to the public supports a greater global exchange of knowledge. PATTIMURA Legal Journal is available online. The languages used in this journal are Indonesian and English. The scope of the articles published in this journal discusses various issues in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Environmental Law, Islamic Law, Customary Law and other sections related to contemporary issues in the field of law.
Articles
74 Documents
<![CDATA[Perlindungan Hukum Terhadap Anak Korban Prostitusi Online Melalui Aplikasi Michat ]]>
<![CDATA[Hehalatu, Nurhalisa]]>;
<![CDATA[Hehanussa, Deassy Jacomina Anthoneta]]>;
<![CDATA[Supusepa, Reimon]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i1.5897
<![CDATA[Introduction: This study discusses the legal protection of child victims of online prostitution through the MiChat application Purposes of the Research: Reviewing and discussing forms of legal protection for children who are victims of online prostitution through the MICHAT application and efforts to overcome online prostitution against children. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach. Results of the Research: The results of the study show that online prostitution of children through the Michat application is on the rise, the lack of coordination between agencies, and the lack of legal awareness in this case law enforcement officers, KPAI, NGOs, parents, and other community institutions, causing the handling of cases of online prostitution crimes. not maximal. Preventive efforts and repressive efforts carried out by law enforcement officers have not been able to provide maximum legal protection to children who are victims of online prostitution. Thus, mitigation efforts must be carried out optimally, in order to provide legal protection to children who are victims of online prostitution through the MiChat application]]>
<![CDATA[Kekuatan Eksekutorial Putusan Mahkamah Konstitusi Yang Bersifat Final Dan Mengikat di Indonesia ]]>
<![CDATA[Ru'ati, Amien]]>;
<![CDATA[Nirahua, Garciano]]>;
<![CDATA[Soplantila, Ronny]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i1.5899
<![CDATA[Introduction: The Constitutional Court is a state institution that has judicial authority based on the 1945 Constitution which has the constitutional authority to conduct judicial review of the 1945 Constitution whose decisions are final and binding. However, in the implementation of the judicial review of the 1945 Constitution by the Constitutional Court, many decisions of the Constitutional Court were not carried out by other State Institutions or Government Agencies which have the obligation to follow up and implement the Constitutional Court Decisions. If the decision of the Constitutional Court is not implemented in the Unitary State of the Republic of Indonesia, it can legally interfere with the administration of government as a result of not implementing the decision of the Constitutional Court as a State Institution that has attribution authority in the 1945 Constitution of the Republic of Indonesia. Purposes of the Research: To analyze the Executive Power of the Decisions of the Constitutional Court which are final and binding in Indonesia Methods of the Research: The type of research used in this writing is normative juridical research. Results of the Research: The results show that the Constitutional Court's decision has executive power because it is final and binding when pronounced by the Constitutional Court Judge, and the Constitutional Court's decision actually has a juridical position as law and is used as a source of law by the DPR and the Government in forming laws. related to the decision of the Constitutional Court]]>
<![CDATA[Penegakan Hukum Di Wilayah Laut Pada Wilayah Perbatasan Negara ]]>
<![CDATA[Bormasa, Adolof]]>;
<![CDATA[Pasalbessy, John Dirk]]>;
<![CDATA[Ubwarin, Erwin]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i1.5902
<![CDATA[Introduction: In the regulation of law enforcement, especially law enforcement in the sea area at the state border, almost all laws and regulations have accommodated the authority of each institution in carrying out law enforcement in the state border area, therefore it must be carried out properly so that it can realize security in the state border area. Purposes of the Research: To analyze regulations related to law enforcement in the sea area in the border area of the State Methods of the Research: The type of research used in this paper is in the form of normative juridical legal research, namely legal research regarding the regulation of authority and the implementation of the authority given by positive legal provisions factually in each particular legal event that occurs in the border area of the State, the research approach used is statutory approach, the sources of legal materials used are secondary and tertiary sources of legal materials and the collection of legal materials in this study is normative juridical. Results Originality of the Research: The results of the study show that regulations related to law enforcement in the border areas of special states of the sea have overlapping arrangements. The government and local governments in the border areas in carrying out law enforcement in the state border areas in the sea area have not been maximal in law enforcement, partly because of the limited law enforcement infrastructure in the state border area with the area of the state border which is not directly proportional to the number of law enforcement personnel who is in the field. Law enforcement in national border areas as regulated in laws and regulations is not effective because there is no integrated synchronization and coordination in carrying out law enforcement in the country's border areas]]>
<![CDATA[Kewenangan Penetapan Kerugian Keuangan Negara Dalam Tindak Pidana Korupsi ]]>
<![CDATA[Seleky, Adolop]]>;
<![CDATA[Nirahua, Salmon Eliazer Marthen]]>;
<![CDATA[Corputty, Patrick]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i1.5928
<![CDATA[Introduction: The laws and regulations in force in Indonesia have given the BPK the authority to determine and determine state losses which are the basis for investigating corruption by investigating agencies, both the Prosecutor's Office and the Police. Purposes of the Research: To examine the authority of state institutions in determining losses as the basis for investigating corruption crimes. Methods of the Research: The type of research used in this paper is normative juridical research, which is also called doctrinal research. Results Originality of the Research: The results of the study indicate that the Government Internal Supervision apparatus including BPKP according to the legislation does not have the authority to determine state financial losses as the basis for investigations by investigating agencies in corruption. The results of the determination of state losses carried out by the Government Supervision Apparatus in this case the BPKP are often used as the basis for investigating criminal acts of corruption. This will raise the question of the validity of government actions carried out by the investigative apparatus, both the Prosecutor's Office and the Police in the investigation of criminal acts of corruption]]>
<![CDATA[Ratio Decidendi Terhadap Amar Putusan Pengadilan Tata Usaha Negara pada Perkara Pemberhentian Tidak Dengan Hormat Aparatur Sipil Negara Terpidana Korupsi ]]>
<![CDATA[Himawan, Mohammad Hilmi]]>;
<![CDATA[Alfons, Saartje Sarah]]>;
<![CDATA[Nendissa, Renny Heronia]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i1.5934
<![CDATA[Introductioan: The ratio decidendi or the judge's legal considerations is the most important thing in determining the decision because there are aspects that must be considered. Ratio decidendi is a process that will produce a decision. In practice, namely at the State Administrative Court, it was found the fact that the employment dispute, namely dishonorable dismissal, had a different decision. Purposes of the Research: This study aims to determine the ratio decidendi that produces different decisions. The purpose of this research will be to answer the anxiety and curiosity about the ratio decidendi of the dispute regarding the dishonorable dismissal. Methods of the Research: This writing method is normative juridical, with the type of library research, which uses a law approach, with the hope of answering the problems faced. Results of the Research: The difference in the decision of course must be drawn on the ratio decidendi which considers the authority to adjudicate, procedural and substantive aspects as well as aspects of the grace period. These three aspects will be the main focus in dissecting the ratio decidendi in each decision so that differences will be found. The consistency of the ratio decidendi can affect the legal certainty received by the parties.]]>
<![CDATA[Self Defense Yang Dilakukan Oleh Amerika Serikat Terhadap Jenderal Soleimani Dalam Prespektif Hukum Internasional ]]>
<![CDATA[Adwiyah, Aiin Widya Rhabiatul]]>;
<![CDATA[Anwar, Arman]]>;
<![CDATA[Wattimena, Josina Augustina Yvonne]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 1 (2022): April 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i1.5937
<![CDATA[Introduction: The use of armed force is generally prohibited under international law, and is permitted only in two exceptions, namely when a country acts in selfdefense or when the United Nations gives it the right to respond to acts of aggression. Purposes of the Research: This study will examine the legitimacy of the use of armed force in the implementation of self-defense, and whether the use of self-defense by America is in accordance with the concept of self-defense regulated in international law. Methods of the Research: This research is a normative legal research, using a descriptive analytical research type using primary, secondary, and tertiary legal materials. The approach used is the statutory approach, the conceptual approach, and the case approach. The technique of collecting legal materials uses a literature study which is then analyzed qualitatively to answer the problems studied. Results Originality of the Research: The legality of the use of armed force in the right to self-defense is regulated in article 51 of the UN charter provided that an armed attack has occurred first, and must be reported to the UN Security Council beforehand. The concept of self-defense that America did to General Soleimani was not in accordance with the provisions in article 51 of the charter. In addition, America violated the laws of war because attacks were carried out in peacetime and targeted killings of certain commanders of a country violated human rights.]]>
<![CDATA[Penyelesaian Pelanggaran Administrasi Pemilu oleh Bawaslu ]]>
<![CDATA[Lefteuw, Maksimus]]>;
<![CDATA[Pattiasina, Lidia Priscilla]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i2.6332
<![CDATA[Introduction: The legal issues in this writing include how are the legal arrangements regarding the settlement of general election administration by Bawaslu and how to resolve election disputes by Bawaslu. Purposes of the Research: This writing aims to find out and analyze how to resolve violations of general election administration by Bawaslu. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments Results Originality Findings of the Research: The findings of this study prove that in legal arrangements regarding the settlement of election administrative violations by Bawaslu and the settlement mechanism that in an effort to resolve administrative violations, Bawaslu has the authority to resolve administrative violations in accordance with the provisions of the Bawaslu laws and regulations and the General Election Commission. The settlement mechanism based on the Election Law is not explained significantly but it is explained that non-criminal violations are administrative violations and these violations are reported and followed up by Bawaslu and the General Elections Commission.]]>
<![CDATA[Kebijakan Penegakan Hukum Terhadap Kepemilikan Senjata Api Ilegal ]]>
<![CDATA[Sandera, Denny]]>;
<![CDATA[Pasalbessy, John Dirk]]>;
<![CDATA[Salmon, Hendrik]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i2.6335
<![CDATA[Introduction: Distribution and use of a firearms illegally in Maluku during social conflict in the last few years is often cause many problems. Because after the conflict, a fight between village often use a firearm. Since the conflict in 1999, the use of firearms both organic and local homemade, widely circulated in the community. Purposes of the Research: Examine the legislation approach on law enforcement againts illegal possesion of firearms in the Maluku Regional Police juridiction and the constraints that faced. Methods of the Research: This research is juridical normative, using various primary and secondary legal materials. Data analysis is descriptive qualitative. Results Originality of the Research: Lew enforcement againts firearms possesion and abuse crime done by oleh Maluku Regional Police in the form of preemptive, preventive and repressive acts. In the law enforcement, Maluku Regional Police not always done enforcement, but also applying discression by freeing from legal sanction for the owner of the firearms that willing voluntarily to gave the firearms that they have. The constraints faced in the law enforcement was internal (lack of personnel, equipment and facilities, lack of officers knowledge supervision) and external (regulation are no longer appropriate, wide area, weak coordination and society cooperation).]]>
<![CDATA[Urgensi Laporan Penelitian Kemasyarakatan Dalam Penjatuhan Pidana Bagi Anak Pelaku Tindak Pidana ]]>
<![CDATA[Patty, Mercy Pratiwi]]>;
<![CDATA[Hehanussa, Deassy Jacomi Anthoneta]]>;
<![CDATA[Wadjo, Hadibah Zachra]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i2.6392
<![CDATA[Introduction: Reality shows that crimes are not only committed by adults, but also by children. Children who commit crimes must be held accountable for their actions that violate the law. Purposes of the Research: In order to analyze the juvenile offender, the law enforcement and sentencing process applied to the child is carried out specifically by prioritizing the best interests of the child. Methods of the Research: Type of research: Juridical Empirical, Data Sources include primary data and secondary data. Techniques for reviewing and collecting primary and secondary data are using literature studies and interview results. Data analysis used in legal research is qualitative analysis. Results Originality Findings of the Research: Based on the results of the study, it was found that the urgency of a community research report in imposing sanctions on children who commit criminal acts is an important matter. Community research reports that are made basically have an influence on the judge's decision in juvenile court. With the availability of community research reports, it can be used as consideration for judges in making their decisions as regulated in Article 60 Paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Furthermore, if the judge does not consider the community research report from the Community Counselor, the legal consequences arising from the decision on the child who commits the crime are null and void, as referred to in Article 60 Paragraph (4) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.]]>
<![CDATA[Perlindungan Hukum pada Debitur atas Penarikan Objek Jaminan Fidusia melalui Parate Eksekusi ]]>
<![CDATA[Junaedi, Budi]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Berlianty, Teng]]>
<![CDATA[ PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v1i2.6433
<![CDATA[Introduction: The arrangement for the execution of fiduciary guarantees as explained in the decision of the Constitutional Court Number 2/PUU-XIX/2021 requires the execution of a fiduciary guarantee certificate which is carried out and applies the same as the execution of court decisions which have permanent legal force. Purposes of the Research: This study aims to find out how the procedure for withdrawing fiduciary guarantees is through the execution parate, and what forms of legal protection are given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Methods of the Research: This study uses a normative legal research method, which aims to determine the procedure for withdrawing fiduciary guarantees through the execution parate, and how the form of legal protection is given to debtors for the withdrawal of fiduciary guarantees through the execution parate. Results Originality of the Research: Legal protection for debtors for the withdrawal of the object of fiduciary security is strengthened through the decision of the Constitutional Court Number 2/PUU-X1X/2021. The decision regulates the existence of an agreement or voluntary surrender of the object of fiduciary security from the debtor to the creditor without any act of unilateral control of the object of guarantee by the creditor. On the other hand, if there is no agreement or voluntary surrender, then new control can be carried out with the knowledge of the court]]>
