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PATTIMURA Legal Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 28302435     DOI : https://doi.org/10.47268/pela
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 74 Documents
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Kriminologis Terhadap Tindak Pidana Korupsi Dana Desa Tirande, Darwis; Nirahua, Salmon Eliazer Marthen; Toule, Elsa Rina Maya
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (794.768 KB) | DOI: 10.47268/pela.v1i2.6435

Abstract

Introduction: Criminology makes a very large contribution to criminal law, by revealing the factors that cause corruption Purposes of the Research: This research also aims to, first; Analyze and explain the factors that cause corruption in village funds in Maluku, secondly; Analyze and explain efforts to overcome corruption in village funds in Maluku. Methods of the Research: The type of research used is normative law research using a statutory approach (Statute Apporach), conceptual approach (Conceptual Apporach) and case approach (Case Apporach). While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Results Originality of the Research: Based on the results of the study, the factors causing the occurrence of corruption in village fund funds were caused by various factors including regulatory factors that gave broad authority to village heads in managing village funds, as well as village heads who did not know how to manage village funds properly so that ignorance led to what they are doing without realizing that it is a criminal act of corruption and lack of community participation in controlling the management of village funds, therefore the effort that must be made is to carry out preventive efforts as a preventive measure by recognizing the modus operandi, training by the village head and improving personality to villages and improve the community environment so that they participate in supervising village funds, while repressive efforts are to prioritize law enforcement and provide guidance to village heads who have committed criminal acts of corruption
Parameter Pengawasan Pemerintah Terhadap Peraturan Daerah Yang Berciri Khas Daerah Picauly, Benjamin Carel; Sedubun, Victor Juzuf
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (770.263 KB) | DOI: 10.47268/pela.v1i2.6560

Abstract

Introduction: Supervision of Regional Regulations according to the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2014, PP Number 79 of 2005 and Permendagri Number 1 of 2014 is carried out by the Government. In exercising the authority to supervise Regional Regulations, the Government is limited to the parameters regulated by laws and regulations. Purposes of the Research: To analyze the supervision Parameters of Regional Regulations regulated in Law Number 23 of 2014. Methods of the Research: This research is a normative research, with a statutory approach and a conceptual approach. Results Originality of the Research: The results of the research found that the provisions of Article 7 of Law Number 12 of 2011 are in accordance with the principle of lex superiori derogate legi inferiori, namely a regulation may also not apply if it clearly contradicts a higher regulatory norm. In a theoretical perspective, the principle of lex superiori derogate legi inferiori was developed by Hans Kelsen and Hans Nawiasky through tiered legal norms.
Penerapan ILO Convention Nomor 111 Ke dalam Undang-Undang Ketenagakerjaan Di Indonesia Murni, Layla; HZ, Evi Deliana; Diana, Ledy
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.6664

Abstract

Introduction: Discrimination in employment and occupation through the Law of the Republic of Indonesia Number 21 of 1999 concerning Ratification of the ILO Convention No. 111 Concerning Discrimination In Respect Of Employment And Occupation by implementing it in Article 5 of Law Number 13 of 2003 concerning Employment. However, Article 5 Law 13 of 2003 concerning Manpower have not specifically defined discrimination so that there is still discrimination against job seekers in company job vacancies. Purposes of the Research: To find out how the implementation of ILO Convention No. 111 into the Indonesian Manpower Act regarding legal protection for job seekers from discriminatory work requirements and find out what Indonesia's policies are after ratifying ILO Convention No. 111. Methods of the Research: The type of research used is normative legal research, namely using literature studies in searching the data. Results Originality of the Research: The results showed the application of the ILO Convention No. into the Indonesian Manpower Law regarding Legal Protection for Job Seekers. Indonesia's labor regulations are still not specific in terms of discrimination in the field of employment, so it is necessary to make more detailed and specific rules regarding this matter which can later become a clear legal basis in terms of discrimination in the field of employment and protect the rights of Indonesian job seekers.
Kewenangan Pemerintah Daerah Dalam Pengelolaan Pertambangan Mineral Batubara Baura, Lineke; Saptenno, Marthinus Johanes; Pietersz, Jemmy Jeffrey
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.6753

Abstract

Introduction: Based on Act Number 4 of 2009 and Act Number 23 of 2014, Local Governments have authority in the management of minerals and coal mining. But with the determined by Act Number 3 of 2020, domination of minerals dan coals mining is held by Central Government. Purposes of the Research: For this reason, it is necessary to review the constitutional right and authority of Local Goverment to held minerals and coals mining. Methods of the Research: The type of research used in this study is a normative juridical research that is descriptive analytical by using statute approach and conceptual approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials through literature studies. Results of the Research: Based on the results of the study, minerals and coals mining is one of government affairs that is distributed to Local Government in accordance with Act Number 3 of 2020. The authority cannot be removed by the regulations contained of Act No. 3 of 2020. This is contrary to Local Government’s constitutional rights and The 1945 Constitution of State of Republic of Indonesia.
Prinsip Miranda Rule Sebagai Hak Asasi Tersangka Dalam Sistem Peradilan Pidana Indonesia Muammar, Muammar; Baharuddin, Wahdaniah
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7504

Abstract

Introduction: Often in the law enforcement process there is a form of crime, neglect of obligations, human rights violations related to the civil rights of citizens in the criminal justice system and abuse of power committed by apparat. In our criminal justice system, the rights of suspects who are the basis of human rights attached to them are often overlooked, which is detrimental to suspects. Purposes of the Research: This research aims to find out how the Miranda Rule principle guarantees the human rights of suspects in the Indonesian criminal justice system. Methods of the Research: The methods used in this research are normative research methods, using a conceptual approach and a statute approach. Results Originality of the Research: the results showed that the Miranda Rule/Miranda Principle, in the form of Miranda Rights has provided guarantees for the rights of suspects. Namely, the right to obtain/contact legal counsel/advocate, and if unable to, then the right to be provided with legal counsel/advocates, the right to obtain legal assistance has been absorbed into articles 54, 55, and 114 of the Criminal Procedure Code of Indonesia, while if he is incapacitated, then the suspect has the right to be provided with legal counsel by the official concerned or through an investigator, as stipulated in article 56 paragraph 1 of the Criminal Procedure Code of Indonesia. As for the Miranda Warning (Right To Remain Silent), it is not expressly regulated, but implicitly it can be interpreted as its application in articles 52, 117 and 166 of the Criminal Procedure Code of Indonesia.
Dualisme Makna Akta Pengakuan Hutang Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7506

Abstract

Introduction: Deed of debt recognition as an authentic deed can be made in two forms, namely as a debt agreement or equivalent to a credit agreement and as an assessor agreement of a credit agreement deed that is grosse deed. Both types of debt acknowledgment deeds are still used in public life, the benefits and functions of each deed are different, because the position is different, the impact of the deed is also different. Purposes of the Research: The purpose of this research is to see the differences in the actualization of the deed of recognition of debt in practice and to examine the position of the deed of debt recognition and the contribution of each deed in the legal relationship of the parties. Methods of the Research: This research was conducted in a normative juridical manner, namely by examining the existing secondary data in the field of law as library data which is focused on examining the application of rules or norms in positive law so that the data used by the author is secondary data. Results Originality of the Research: The dualism of interpreting the meaning of debt recognition basically has the same hope, namely the existence of a legal relationship in debts and receivables, the position deed of debt recognition as an authentic deed has a formal function and the function of evidence, the strength of the debt recognition deed provides perfect evidentiary power. The position of debt recognition as a grosse deed should not be merely a scrap of paper because it requires a follow-up to the imposition of collateral through a separate deed of guarantee, then the debt recognition as an assessor agreement becomes an intermediary deed which seems futile. The dualism of the meaning of this deed of recognition of debt would not occur again and provide a harmonious understanding. if you really want to emphasize it, you should use the term 'debt agreement or credit agreement' which is domiciled as the main agreement, without a grosse deed followed by the binding of special guarantees, both individual and material guarantees for the interests and legal protection of the parties.
Akta Perdamaian Oleh Notaris Sebagai Mediator Alternatif Penyelesaian Sengketa Di Luar Pengadilan Panjaitan, Wijaya Natalia
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7507

Abstract

Introduction: Deed of Peace by a Notary is one of the authority by the Attributive for Notary. This is one of the notary's active roles to act to resolve disputes outside the court. Purposes of the Research: The purpose of this study is to find out how the authority of a Notary as an Mediators in Alternative Dispute Resolution to make a dedd of peace and how the legal force of a peace deed as an alternative dispute resolution outside court. Methods of the Research: This study case uses a normative juridical method by using a statutory and conceptual approach. Results Originality of the Research: Notary has the authority to make a Deed of Peace and act as Mediator in Alternative dispute resolution outside the court which has the same legal force as a court decision if it is registered with the court so it has executorial power.
Kedudukan Hukum Objek Hak Atas Tanah Atas Perjanjian Pelepasan Hak Atas Tanah Yang Bayar Secara Cicilan Sihite, Sri Rumada
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7508

Abstract

Introduction: Agreement on the transfer of land rights number 04/L/GGPG/IX/2013 dated September 11, 2013 which became the issue raised by the author. The agreement made in the letter of agreement is a default between the parties who are considered to have owned the land, but it is interesting to see the legal position of the object of land rights on the agreement to release land rights which is paid in installments (study of the supreme court decision 2875/k/pdt/2016. Purposes of the Research: to answer how the legal position of the object of the right to the agreement to release the right to be paid in installments (study of the supreme court decision 2875k/pdt/2016. Methods of the Research: The type of research used is normative juridical research. The nature of this research is descriptive. The data source used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using deductive methods. Results Originality of the Research: The position of the land object is on the seller's side because the conditions for the transfer of the object of land rights to the buyer are not valid in accordance with the provisions of the agrarian law, namely the legal requirements for registering the transfer of land rights.
Kekuatan Eksekutorial Sertifikat Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor: 18/PUU-XVII/2019 Dan Putusan Mahkamah Konstitusi Nomor: 2/PUU-XIX/2021 Nabila, Syadzwina Hindun
PATTIMURA Legal Journal Vol 1 No 3 (2022): Desember 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v1i3.7513

Abstract

Introduction: The Fiduciary Guarantee Certificate has the same executorial power as court decisions that have permanent legal force. Execution through a public auction of the object of Fiduciary Security without going through a court. Purposes of the Research: The Purpose Of This Study Is To Answer The Legal Review On The Executorial Power Of Fiduciary Certificates Post-Decision Of The Constitutional Court Number: 18/PUU-XVII/2019 And The Decision Of The Constitutional Court Number: 2/PUU-XIX/2021. Methods of the Research: This study uses a normative juridical method by using a statutory approach and a conceptual approach. Results Originality of the Research: The execution of fiduciary guarantees is carried out when there is an agreement regarding the breach of contract and the willingness of the debtor to surrender the object that is the object of the fiduciary. If there is no agreement regarding the breach of contract and the debtor does not submit the object of collateral voluntarily, then the execution procedure of the fiduciary guarantee is carried out the same as the execution of a court decision that has permanent legal force, namely by submitting a request for execution to the district court. In addition, breach of contract also cannot be determined unilaterally. There must be an agreement regarding the breach of contract/default determined by both parties or on the basis of legal remedies (lawsuits) stating that one of the parties has defaulted.
Konsep Pemenuhan Hak Atas Pangan Bagi Masyarakat Di Wilayah Perbatasan Pada Masa Pandemi Covid-19 Luhulima, Yusran Baginda; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v2i1.7560

Abstract

Introduction: The right to food is a very important right to fulfill, because without food, the survival and welfare of society cannot be realized. Purposes of the Research: Studying and knowing the concept of legal protection and fulfilling the right to food for people in border areas during the covid-19 pandemic. Methods of the Research: This study uses a normative legal research method with a descriptive analytical type of research. Results Originality of the Research: The results of the study show that the impact of the spread of the covid-19 pandemic has caused the fulfillment of the right to food for people in border areas to experience obstacles and is not fulfilled properly.

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