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
75 Documents
<![CDATA[Perspektif Hukum Tentang Penerapan Layanan Hak Tanggungan Elektronik ]]>
<![CDATA[Sihite, Sri Rumada]]>;
<![CDATA[Baharuddin, Wahdaniah]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i1.8357
<![CDATA[Introduction: Electronic mortgage services issued by the ministry of agrarian and spatial planning in connection with the issuance of the 2019 Minister of Agrarian and Spatial Planning/Head of the Indonesian National Land Agency regulation regarding electronic mortgage services. Purposes of the Research: Is to look at the legal perspective regarding the implementation of electronic mortgage services in the Ministry of Agrarian Affairs and Spatial Planning. Methods of the Research: The type of research used is normative empirical research. The nature of this research is descriptive. Source of data used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using the deductive method. Results Originality of the Research: The research results show that the harmonization of the rules used in electronic mortgage services between conventional mortgage laws and the latest ministerial regulations is needed for improvement because there are several obstacles found by the authors based on observations in one of the land offices in North Sumatra]]>
<![CDATA[Penanganan Tindak Pidana Viral: Reduksi Terhadap Asas Legalitas Ke Asas Viralitas ]]>
<![CDATA[Muammar, Muammar]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i1.8362
<![CDATA[Introduction: The handling of a number of criminal cases that have befallen victims and reported to the police, must first meet a number of dead ends. The justice that the victim expects from the case that happened to him must wait until the case goes viral and creates a reaction and public pressure. Purposes of the Research: This study aims to answer how to reduce and shift the principle of legality to the principle of "virality". This is because the handling of viral crimes first and then handled by the police has actually reduced and shifted the position of the principle of legality as the most fundamental principle in Indonesian criminal law. Methods of the Research: This study uses a normative research type. The approach used is a case approach, a statute approach and a conceptual approach. Results Originality of the Research: The results of the study show that the principle of legality as stipulated in Article 1 paragraph (1) of the Criminal Code which emphasizes that there is no act that can be punished without being regulated and stipulated in statutory regulations before the act is committed, has experienced reduction and shifted to nothing. an act that can be punished without going viral first. In other words, the principle of legality has been reduced from no criminal and criminal acts without prior law, to no criminal and criminal acts without going viral first.]]>
<![CDATA[Perlindungan Hukum Bagi Hak-Hak Tenaga Kerja Dalam Pembagian Hutang Harta Pailit ]]>
<![CDATA[Sony, Edy]]>;
<![CDATA[Manery, Nugrah Gables]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i1.8373
<![CDATA[Introduction: Differences in legal position related to the division of bankruptcy between creditors holding collateral and labor rights in the of the Bankruptcy Law and in other laws and regulations will actually create legal uncertainty in providing guarantees of protection to labor rights and cause conflicts between legal norms. Purposes of the Research: To find out the various provisions of laws and regulations governing labor rights for the division of bankrupt debts and synchronization between Law No. 37 of 2004 concerning Bankruptcy with other laws and regulations in regulating labor rights to the division of bankrupt and the application of legal protection of labor rights to the division of bankrupt debts. 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 research results show that the synchronization of Law Number 37 of 2004 concerning Bankruptcy with other provisions in the interpretation of the law has been assigned on the decision of the Constitutional Court Number 18/PUU-VI/2008 and 67/PUU-XI/2013 that the payment of labor wages must take precedence over the bills of the state and separatist creditors while severance and other rights are granted after the compliance of the invoices of separatist creditors. In addition, the legal position for labor is determined by the Law and the decisions of the Constitutional Court as a preferred creditor of the proceeds of the sale of the boedel and its enforcement of the law refers to the lex specialis derogat lex generalis while take to consideration other term governing the rights of creditors. Legal implications to bankruptcy companies, the compliance of labor rights is determined by the proceeds of the sale of boedel which is based on the provisions in Article 95 of Law No. 11 of 2020 about Omnibus Law as amended from the provisions regulated in Law No. 13 of 2003 about Manpower, Article 49 and Article 50 of Government Regulation No. 36 of 2021 about Wages.]]>
<![CDATA[Kewenangan Notaris dalam Mewujudkan Kebahagiaan ]]>
<![CDATA[Sinaga, Roulinta Yesvery]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i1.8469
<![CDATA[Introduction: Civil relations, especially engagement relations, are a major factor in the growth and development of society.The actual form of the resulting agreement is the choice of the parties, but for the purposes of evidentiary law, the form of the agreement in a notarial deed (written) has a stronger position. Purposes of the Research: The purpose of this study is to examine the authority of a notary in making authentic deeds and to review the existence of a notary's deed in providing happiness based on the agreement of the parties. Methods of the Research: This research was carried out in a normative juridical manner, using bibliographical data as secondary data to examine rules and norms in law. Results Originality of the Research: The authority of a notary in making agreements is a mandate. The freedom to contract the parties accompanied by the principle of good faith is then stated in a notarial deed that should give happiness to the contracting parties. The position of a notary as an intermediary must accommodate the needs of the parties, both from the pre-contract stage, and the contractual stage to the post-contract stage. The notarial deed is also a means of happiness and light for the contracting parties]]>
<![CDATA[Konsep Filsafat Hukum Menurut Jeremy Bentham ]]>
<![CDATA[Songbes, Leo]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i1.8678
<![CDATA[Introduction: If you know Jeremy Bentham in his moral teachings on utilitarianism, it is often said there that the principle of utility he discovered is also used in constructing the concept of law. Purposes of the Research: This research aims to find out how the principle of utility becomes the basis for establishing a legal system. Methods of the Research: The methods used in this study is a qualitative method with a descriptive and interpretive analysis approach. Results Originality of the Research: The research results show that the usability test on legal institutions and practices makes the principle of utility a critical instrument for assessing the performance of a legal institution. For Bentham, law is an order from a sovereign power or imperative law. The law must have substance and legal form. Legal substances are certain legitimate (sovereign) legal institutions within the state that are authorized to make and promulgate laws, and that law must be written in law. The legal form in question is codification.]]>
<![CDATA[Urgensi Psikologi Kriminil Dalam Penanganan Kejahatan Jalanan ]]>
<![CDATA[Hetharia, Zefanya Fernioren]]>;
<![CDATA[Hehanussa,, Deassy Jacomina Anthoneta]]>;
<![CDATA[Wadjo, Hadibah Zachra]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 1 (2023): April 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i1.8724
<![CDATA[Introduction: Criminal psychology investigates individual behavior, particularly the causes of criminal behavior. Purposes of the Research: Analyze and explain the Urgency of Criminal Psychology in handling street crime. Methods of the Research: This study uses the Juridical Empirical Legal Research method. Sources of data used are primary data, secondary data, and tertiary data by collecting data through filling out questionnaires, interview methods and literature study and then analyzed based on the theoretical concept approach. Results Originality of the Research: The findings of this study demonstrate that by understanding the life of criminal psychology, crime as human behavior can be avoided because criminal psychology is the primary psychological basis for criminals, the causes of crime, and prevention, both preventive and repressive as repair or healing efforts. By taking into account psychological and personal factors as well as the reasons people commit crimes, this can also be strengthened by minimizing and accommodating the factors that lead to someone committing street crimes in order to meet limited needs.]]>
<![CDATA[Pertanggungjawaban Pidana Terhadap Jabatan Dalam Tindak Pidana Korupsi Pengadaan Barang Dan Jasa ]]>
<![CDATA[Miru, Grazia Vione]]>;
<![CDATA[Nirahua, Salmon Eliazer Marthen]]>;
<![CDATA[Wadjo, Hadiba Zachra]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i2.8602
<![CDATA[Introduction: The element of “abusing authority” is a core part of the corruption offense. Purposes of the Research: Abuse of authority is a form of unlawful act. Methods of the Research: The method in this study was carried out using the type of research used was normative legal research. The approach to the problem used in this paper is a statutory approach. The sources of legal materials use Primary Legal Materials and Secondary Legal Materials. The technique of collecting legal materials uses statutory regulations, books and the internet, which is also the technique of managing and analyzing legal materials using qualitative analysis methods. Results of the Research: In terms of carrying out the duties and authorities as a definitive official as well as a task-carrying official in the Southwest Maluku district communication and information office, the actions of an official based on the authority attached to his or her position are not necessarily free from legal problems. In order to continue the Runway construction work (Moa airport construction work) sourced from the 2012 Fiscal Year Budget, the defendant PM as a Budget User (PA) and as a Commitment Making Officer (PPK) because his negligence resulted in state financial losses]]>
<![CDATA[Kebijakan Penanggulangan Prostitusi Online Melalui Media Sosial ]]>
<![CDATA[Samusamu, Roygers]]>;
<![CDATA[Pasalbessy, Jhon Dirk]]>;
<![CDATA[Adam, Sherly]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i2.8603
<![CDATA[Introduction: The existence of a criminal law policy in an effort to combat online prostitution cannot be separated from the existence of cases of online prostitution in Indonesia. Purposes of the Research: The current positive law regulations have not been able to tackle the crime of online prostitution through social media in Indonesia. So it needs to be reviewed in formulating criminal provisions relating to online prostitution to create a better arrangement in the future. Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The technique for reviewing and collecting primary, secondary and tertiary legal materials is to use documentation studies. The data analysis used in normative legal research is qualitative analysis Results of the Research: Based on the results of the study, it was found that the concept of online prostitution prevention policies through social media can be overcome with feminist policies so that they can position women according to conditions with criminalization, legalization and decriminalization approaches by eliminating criminal acts of online prostitution through social media based on the socio-cultural background of the Indonesian people and state, while other approaches can also be considered as a policy concept for overcoming the crime of online prostitution through social media. The policy of overcoming the crime of online prostitution through social media has been integrated with criminal law because online prostitution through social media can be handled using criminal law outside the Criminal Code which has a special nature, namely Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons. the shortcomings of the Criminal Code, therefore in an effort to overcome the crime of online prostitution, policies are needed that can provide guarantees and protection to women as perpetrators of online prostitution with various policies and approaches born from socio-cultural values.]]>
<![CDATA[Pasal 156 KUHAP Ditinjau Dari Asas Audi Et Alteram Partem ]]>
<![CDATA[Putra, Oulia]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i2.9574
<![CDATA[Introduction: Criminal procedural law is part of criminal law, while the principle of Audi Et Alteram Partem is one part of the criminal procedural law, commonly also known as the principle of balance, in court decisions there is a duplik istila or refutation from the defendant to plaintiff. Purposes of the Research: The purpose of this study is to examine the position of duplik in the practice of criminal procedural law. Methods of the Research: This research uses normative juridical research methods, commonly known as legal materials, normative legal research is a research that examines literature materials in the form of books and laws that have existed before, normative legal research is also known as docrinal legal materials. Results Originality of the Research: The results of this study show that the position of duplik in the trial is very low because it clashes with article 156 of the Criminal Procedure Code which does not justify the existence of duplex in making decisions by judges, so that the defendant through his legal representative cannot file objections and release himself in order to get justice.]]>
<![CDATA[Efektivitas Penegakan Hukum bagi Pelaku Pertambangan Emas tanpa Izin (Illegal Mining) ]]>
<![CDATA[Sulaiman, Banta]]>
<![CDATA[ PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 2023 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v2i2.9579
<![CDATA[Introduction: Illegal Mining is Illegal Mining that is carried out without a permit so that it violates the law. Carrying out illegal mining is the same as committing a crime against State Assets, the purpose of Illegal Mining is Extraction of Natural Resources by the community or company without following operational procedures and government regulations. Purposes of the Research: The aim of the research is to examine the effectiveness of law enforcement against the crime of gold mining without a permit and to find out the obstacles in law enforcement. Methods of the Research: this research was conducted using the Juridical Empirical research method, the data used is the result of facts from the field by interviewing the Nagan Raya Police, Judges of the Suka Makmue Court and Nagan Raya Legal Academics. Results Originality of the Research: The results of the research show that law enforcement against gold miners without permits is not effective. This is evidenced by cases that always exist every year even though law enforcement has been carried out by law enforcement. The obstacle in handling this case was that when an investigation was carried out, the perpetrator had already received information.]]>
