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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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Pelaksanaan Gadai Tanah Menurut Masyarakat Adat Madura Khomaizah, Khomaizah; Tjoanda, Merry; Matuankotta, Jenny Kristiana
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 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.v2i2.10496

Abstract

Introduction: Agricultural land mortgage is the act of transferring land rights to another person which is done clearly and in cash, the party who transfer the title has the right to redeem the land. Than the transfer of land rights to the pawn is temporary. Facts in the field pawn land is done in a customary way, wich causes the mortgage time to last for years. This contradicts which law No. 5 of 1960 agrarian basic regulations and 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. Purposes of the Research: This study aims to analyze the implementation of land pawning in the madurese indigenous people. Methods of the Research: The research approach method used is a statutory approach and a conceptual approach. The bahan hukum obtained in the form of primary bahan hukum and secondary bahan hukum and tertiary bahan hukum. This type of research is normative research through literature study. Bahan hukum were analyzed by qualitative analysis by presenting bahan hukum in narrative form. Results Originality of the Research: The results of the study show that the practice of pawning agricultural land in the madurese community continues for years, even to the customary heirs there. And do not follow according to the provisions 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. This requires legal protection against the implementation of land pledges that are nt in accordance with artcle 7 of law No. 56 of 1960. The land mortgages that exceed 7 year must be returned to the owner without ransom. As well as legal consequences for the implementation of land pawning without a time limit that occurred in Waru Pamekasan Madura, that can be subject to a 3-mont sanction and or a maximum fine of 10.000.
Aspek Hukum Surat Tanda Nomor Kendaraan Yang Pajaknya Telah Habis Masa Berlaku Saat Dilakukan Pemeriksaan Oleh Polisi Lalu Lintas Abrahamsz, Patricia Julia
PATTIMURA Legal Journal Vol 2 No 2 (2023): Agustus 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.v2i2.10635

Abstract

Introduction: The ticket is a fine imposed by the police on road users who violate the regulation. Vehicle registration certificate or STNK for short, is proof of registration and ratification of a motorized vehicle based on its registered identity and ownership. Motor Vehicle Tax is a tax levied on ownership and/or ownership of motorized vehicles. Purposes of the Research: The traffic police have the authority to provide evidence of violations (tickets) in the form of confiscating vehicle registration certificates during motor vehicle inspections. What legal policy is followed by motor vehicle users whose Vehicle Registration Certificate has expired. Methods of the Research: This study clearly includes normative legal with secondary data. The main problem in this study obviously is achieved by using a juridical-normative approach. Results Originality of the Research: The results of this study were the police have the authority in terms of traffic violations such as vehicle registration tickets whose taxes have expired. All regulations regarding vehicle registration tickets by the police are regulated in the Traffic and Road Transport Law, Law no. 2 of 2002 concerning the Indonesian National Police and Government Regulation No. 80 of 2012 concerning Procedures for Inspection of Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations. Legal policies that can be carried out include preventive measures that carry out traffic regulation, conduct traffic control, socialize to the public to comply with traffic regulations, increase the number of police facilities and increase patrol escort activities, especially in vulnerable and vulnerable areas. Meanwhile, for repressive efforts, namely by issuing ticket and reprimand.
Perlindungan Hukum Terhadap Pengguna Aplikasi E-Wallet Dana Hartanto, Hartanto; Rosadi, Vincent; Yosmar, Ervin Alvaro
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 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.v2i3.10582

Abstract

Introduction: It is becoming easier for people to use the internet, which previously had to be done in an internet cafe, but now it is quite practical to use a smartphone/Android. This opportunity is attractive for funding application service providers to develop their business in various ways. The impact is that people's hedonism as consumers increases while the risk of problems increases. Purposes of the Research: To determine legal protection for consumers for users of the DANA E-Wallet application Methods of the Research: This research is normative legal research, to find legal norms related to consumer protection for the use of the DANA E-Wallet, while the data source used is secondary data. Results of the Research: There are still difficulties in obtaining accountability from DANA if losses occur to consumers. The government has taken preventive action by also issuing laws regulating electronic transactions. The security of personal data (privacy) of users must be protected from being the responsibility of the service provider, and if losses result from leaking of personal data, then the service provider can be asked for compensation.
Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak Ingratubun, Yerusalina; Toule, Elsa Rina Maya; Wadjo, Hadibah Zachra
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 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.v2i3.10676

Abstract

Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process. Purposes of the Research: This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law. Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis. Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.
Pertanggungjawaban Hukum Perbuatan Praktek Tukang Gigi Ongkiwijaya, Imelda; Pasalbessy, John Dirk; Hehanussa, Deassy Jacomina Anthoneta
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 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.v2i3.10677

Abstract

Introduction: The practice of dental artisans which is now increasingly mushrooming in the community seems to have caused serious problems, namely victims of practices that are not in accordance with procedures. Several cases indicate that it turns out that the practice of dental artisans has become one of the people's choices given the low cost and practicality in providing services, even though medically the consequences are often not considered, and if a victim arises, the legal issue is whether dental artisans can be held legally responsible, if so, what form? liability under civil law and criminal law, even according to health law itself. Purposes of the Research: The purpose of this article is to examine and anylize forms of legal protection for the victim in the practice of dental artisan. Methods of the Research: Answering the legal issues of this research, the research method using normative legal research is supported through a statutory approach, a concept approach and a case study approach. The sources of legal materials are primary, secondary and tertiary sources of legal materials collected through literature study and several documents which are then analyzed using qualitative analysis. Results of the Research: The results of the study concluded that judging from the health law and the law on the practice of medicine and dentistry, it is clear that the dentist profession is one of the academic professions that must be pursued through formal academic education in higher education so as to obtain a dental professional degree, while dental artisans also get education although not through formal education. Likewise with their professional practice, both dentists and dental artisans have a clear practice basis, namely the law on medical practice and the Regulation of the Minister of Health, where in these regulations it is emphasized that apart from permits as well as reporting and supervision carried out by the Health Office where dental artisans perform practice. It turns out that not a few dental artisan practices do not get a permit, even in practice there are many cases such as the installation of dental braces, cleaning and installation of teeth that are not up to standard, resulting in victims who, when viewed from the law on the health of the victim, need legal protection. One form of protection is legal liability, both according to civil law and according to criminal law.
Penerapan Disiplin Pegawai Negeri Sipil Di Pengadilan Negeri Ambon Ely, Hesty Kusumaningsy; Nirahua, Salmon Eliazer Marthen; Pattipawae, Dezonda Rosiana
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 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.v2i3.10678

Abstract

Introduction: The position of civil servants has a strategic role in governance. Civil servants as an instrument of government are very central because they carry and carry out components of government regulations and policies to realize the goals of the state. In order to effectively prevent the occurrence of irregularities in the implementation of duties or violations of the behavior of court officials, it is necessary to carry out continuous supervision and guidance by each direct superior to his subordinates. Purposes of the Research: to review and analyze the implementation of Government Regulation Number 94 of 2021 concerning Discipline for Civil Servants at the Ambon District Court. Methods of the Research: normative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials and secondary legal materials. The problem approach used in this study is the statutory approach, and the conceptual approach. Results of the Research: Discipline violations are any words, writings, or actions of civil servants that do not comply with their obligations and/or violate the prohibition of civil servant disciplinary provisions. In November 2021 one ASN PN Ambon disobeyed obligations and violated the prohibition on civil servant disciplinary provisions both carried out inside and outside working hours by using Office Cooperative money and other deductions that were taken intentionally to be used to play online gambling and used to fulfill needs the day-to-day family according to the reasons conveyed by the civil servant, the husband of the civil servant stated that the money taken by his wife was not to meet the daily needs of the house.
Affidavit Sebagai Ratio Decidendi Putusan Onslag Sinaga, Roulinta Yesvery
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 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.v2i3.10927

Abstract

Introduction: The court concluded that the defendant had committed the acts alleged but that these did not constitute a criminal offense and were properly classified as a civil matter (onslag van recht vervolging) under Article 191(2) of the Indonesian Criminal Procedure Code. This ruling provoked profound dissatisfaction among KSP Indosurya depositors, who felt that their rights had not been adequately addressed within the criminal justice framework. Central to the court's legal reasoning was the submission of an Affidavit—a sworn declaration treated as a pivotal piece of evidence. Purposes of the Research: This study seeks to examine the existence and significance of the Affidavit as a foundational basis for the court's onslag decision. Methods of the Research: Utilizing a normative legal methodology, this research combines a case approach and statutory analysis and is conducted through a descriptive-analytical framework. Results Originality of the Research: An Affidavit, or a sworn statement verified, becomes evidence in court proceedings. The emergence of the Affidavit is a manifestation of good intentions from KSP Indosurya, thus becoming the ratio decidendi in the judgment. The judge, in deciding the KSP Indosurya case, undoubtedly considers the legal objectives of justice, legal certainty, and utility. The basis for consideration, due to the presence of the Affidavit, has undoubtedly achieved legal certainty; however, the element of utility still needs to be questioned. The role of the judge in rendering a decision should not be solely based on the existence of evidence but should also involve a conscience that contributes partially. The role of conscience should enable it to penetrate the reasons why parties bring criminal claims, thereby producing a clear result. The judge's decision should serve as a deterrent for cooperatives' mafia or potential mafia due to their malicious intent.
Implikasi Hukum Terhadap Pembatalan Rencana Perkawinan Setelah Proses Mappetuada Dalam Adat Bugis Makassar Ruslan, Dyah Auliah Rachma
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 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.v2i3.11034

Abstract

Introduction: In the marriage process of the Makassar Bugis community, it is not uncommon for one of the parties to cancel the marriage plan after the mapettuada/proposal procession. This is of course a polemic in itself because in the mapettuada process there is a certain amount of money and goods that have been handed over from the prospective groom (money panai') to the prospective bride. In this research, the researcher will discuss the legal implications of canceling marriage plans after the mappettuada procession in Bugis Makassar custom. Purposes of the Research: Provide an explanation regarding the legal implications of canceling marriage plans after the mappettuada procession in Makassar Bugis custom. Methods of the Research: Methods of the Research is normative legal research. The sources of legal materi als used are primary and secondary legal materials. The technique for collecting legal materials used in this research is through literature study, all materials obtained will be analyzed qualitatively and then presented prescriptively. Results Originality of the Research: Cancellation of marriage plans after the mappetuada process in Bugis Makassar custom requires the party canceling the marriage to bear the loss of costs incurred by the other party as regulated in the provisions of Article 1365 of the Civil Code.
Kewenangan Pemerintah Daerah Dalam Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil Sony, Edy
PATTIMURA Legal Journal Vol 2 No 3 (2023): Desember 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.v2i3.11146

Abstract

Introduction: The regional authority to manage the resources of coastal areas of the sea and small islands as far as 12 miles for the province based on Law No. 9 of 2015 concerning the Second Amendment to Law No. 23 of 2014 concerning Regional Government causes horizontal conflicts of sea plots in the society. Not only conflicts between government institutions (sectoral conflicts) but also related to regional authorities in managing coastal marine resources and small islands. Purposes of the Research: To analyze various provisions of laws and regulations governing the authority of local governments in the management of coastal areas and small islands, as well as the role of local governments in the management of coastal areas and small islands. Methods of the Research: The type of research used is normative legal research that studies how legal norms are. The data collection method uses the library research. This study used secondary data obtained from various literature and regulations. Results of the Research: The results showed that since the enactment of Law Number 23 of 2014 concerning Regional Government, the authority to manage marine waters by the Regency / City Government has decreased. The zoning area as far as 0-4 miles which was originally managed by the Regency / City Government is now managed by the Provincial Government so as to make the zoning of the Provincial authority 0-12 miles. While the authority to manage sea areas more than 12 miles is carried out by the Central Government. In addition, the authority of Regional Governments in the management of coastal areas is also regulated in Law No. 1 of 2014 concerning amendments to Law No. 27 of 2007 concerning Management of Coastal Areas and Small Islands, Article 1 and Article 63 of Regional Governments organize government according to the principle of autonomy, which is a division of elective concurrent government affairs, where Regional Governments play an important role in community empowerment.
Politik Hukum Pembatasan Penggunaan Kantong Plastik Sekali Pakai dalam Produk Hukum Daerah Siregar, Rajacia Angeline; Artina, Dessy; Diana, Ledy
PATTIMURA Legal Journal Vol 3 No 1 (2024): April 2024 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.v3i1.11887

Abstract

Introduction: Waste management in Pekanbaru City has received national attention because it is not handled properly. Pekanbaru City can produce 42 tons of plastic waste a day, which is around 20 percent of the total daily waste production. Purposes of the Research: To understand the legal politics and ideal concept of regulating restrictions on the use of single-use plastic bags in regional legal products in the city of Pekanbaru. Methods of the Research: The type of research used is normative legal research, namely using library research to search for data. Results Originality of the Research: The research results show that Article 7 paragraph (1) of Pekanbaru Mayor Regulation Number 6 of 2023 concerning Reducing the Use of Plastic Bags is still not a solution in overcoming the problem of plastic waste in the city of Pekanbaru.

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