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Muchtar A H Labetubun
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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 75 Documents
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Peran International Civil Aviation Organization (ICAO) Dalam Penanganan Kasus-Kasus Penembakan Pesawat Sipil Di Wilayah Berkonflik Simamora, Rumla Yanti; Lestari, Maria Maya
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.v3i1.11906

Abstract

Introduction: The International Civil Aviation Organization (ICAO) acts as an organization that notifies civilian aircraft that will pass in conflict areas and also cooperates with other countries in increasing ICAO supervision so that similar cases do not occur. Purposes of the Research: To know the role of ICAO (International Civil Aviation Organization) in handling international aviation safety supervision and cases of shooting down civil aircraft in conflict areas. Methods of the Research: This type of research can be classified as a normative research type, this research uses research methods on the principles of international law. This research is a descriptive analysis, namely describing and analyzing the problems that have been put forward to describe an overview of the International Civil Aviation Organization in handling cases of shooting down civil aircraft in conflict areas related to international air law. Results of the Research: International civil aviation, especially when crossing conflict zones while the Civil Aviation Convention (known as the Chicago Convention) establishes a framework for civil aviation investigations, does not provide an appropriate legal and institutional framework for accountability, ICAO's role as a specialized agency of the United Nations which is required from time to time to refrain from violations. International political parameters in its diplomatic efforts
Implementasi Peraturan Presiden Nomor 104 Tahun 2007 Tentang Penyediaan, Pendistribusian Dan Penetapan Harga Liquified Petroleum Gas Tabung 3 Kilogram Suryanti, Neni; Rauf, Muhammad A
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.v3i1.12526

Abstract

Introduction: Kerosene to Liquified Petroleum Gas (LPG) conversion program as part of the Indonesian government's strategy to reduce kerosene subsidies and improve budget efficiency. Purposes of the Research: Analyze the imperfection of the implementation of the supply, distribution and pricing of liquified petroleum gas cylinders of 3 kilograms, especially related to price abuse by some business actors. Methods of the Research: The type of research in this paper is sociological legal research, which observes the characteristics of community behavior in a region in a certain aspect of social life. Results Originality of the Research: From the research results, three main points can be concluded. First, data analysis shows that there are still differences in the retail prices of 3 Kg LPG Gas, which exceed the Highest Retail Price (HET) set by the government. Furthermore, there are discrepancies in the distribution of 3 Kg LPG Gas to the poor, and sales to those who should not qualify. Despite regulations and sanctions, not all distributors comply with the rules. Second, inhibiting factors in the implementation of 3 Kg LPG Gas sales in Hutaraja Tinggi District, Padang Lawas Regency, involve limitations in human resources, lack of participation from the surrounding community, weak sanctions from the Department of Cooperatives, SMEs, Industry, and Trade of Padang Lawas Regency, lack of awareness from agents and officers, as well as infrastructure problems. Third, efforts that can be made by the Department of Cooperatives, SMEs, Industry, and Trade include coordination with relevant parties, such as distributors, retailers, and LPG gas agents, to ensure smooth distribution. Efforts to collaborate with relevant parties are expected to accelerate the distribution process and address potential obstacles in the field. Additionally, the department can monitor the stock of 3 kg LPG gas in the Hutaraja Tinggi District and monitor the distribution route to ensure the availability of gas evenly. Outreach and education programs for the community are also proposed to ensure the safe and efficient use of LPG gas. Supervision of prices and availability of LPG gas, opening of complaint channels for the public, and the use of information technology are also included in the proposed efforts. Furthermore, the department is expected to collaborate with private parties, including local traders or entrepreneurs, to support the distribution of LPG gas in the area.
Kekuataan Hukum Perjanjian Lisan Antara Agen Kelapa Sawit Dengan Petani Sihite, Sri Rumada; Sinaga, Roulinta Yesvery
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.v3i1.13047

Abstract

Introduction: Oral agreements that occur between oil palm farmers and oil palm agents where the agreement is buying and selling oil palm orally. However, there is a problem where the palm oil agent turns out to be in default. This writing is to examine the oral agreement between oil palm agents and oil palm farmers in Teluk Dalam Village. Purposes of the Research: The purpose of this research is to know the legal force of oral agreements between oil palm agents and oil palm farmers in the village of Teluk Pulai. Methods of the Research: The research method is normative juridical with the type of library research and field data. Results Originality of the Research: The results of the oral agreement on the sale of oil palm between the oil palm agent and the oil palm grower which of course this is considered valid due to the fulfillment of the elements and conditions that have been determined. The agreement made must be serious, in good faith and know the provisions of the object, price and capacity between the parties, it is necessary for the parties to comply with these provisions to ensure the validity and enforceability of the sale and purchase agreement in the context of civil law in Indonesia.
Akibat Hukum Wanprestasi Atas Perjanjian Lisan Pinjam-Meminjam Oleh Pasangan Kekasih Yang Tidak Terikat Perkawinan Panjaitan, Wijaya Natalia
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.v3i1.13063

Abstract

Introduction: Verbal agreements to borrow stuff and/or money are often made by couples who are not bound by marriage in their daily relationship activities. The impact of this verbal agreement often causes legal problems, which is the breach of contract by one of the parties when the relationship between the couple does not continue to the level of marriage, causing material and immaterial losses to the other party. Purposes of the Research: The purpose of this research is to find out the legal consequences of a breach of the verbal agreement of lending and borrowing by a spouse who is not bound by marriage. Methods of the Research: The research method used is normative juridical research with the type of library research. Results Originality of the Research: The legal consequences of a breach of the verbal lending and borrowing agreement are material and immaterial losses so that a claim for compensation can be filed by filing a lawsuit for breach of contract with the Civil Court.
Perlindungan Hukum Netflix Atas Penjualan Akun Premium Di Media Sosial Latulola, Veldha Arabella; Kuahaty, Sarah Selfina; Pesulima, Theresia Louize
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.v3i1.13261

Abstract

Introduction: Netflix application as a copyrighted work that is protected in Law Number 28 of 2014 concerning Copyright. Article 9 Paragraph (1) point b and e regulates that the duplication of creation in all its forms and the distribution of creation or copies thereof are the rights of the creator, but in the development of the digital world today Netflix premium accounts are often offered not by Netflix for sale. Purposes of the Research: Analyze Netflix's legal protection of selling premium accounts on social media. Methods of the Research: The research method used is Normative Juridical, the research approach uses a statutory approach and a conceptual approach. The source of legal materials is in the form of premier legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials in this study through literature studies, then analyzed qualitatively. Results of the Research: As a result of this research, the sale of Netflix premium accounts through social media is an infringement of copyright. The form of legal protection that can be taken by Netflix is in the form of preventive legal protection and repressive legal protection. Preventive legal protection is contained in Article 54 of Law Number 28 of 2014 concerning Copyright and in the form of a complaint column on the Netflix website for reporting copyright infringement provided by the Netflix Application. Meanwhile, repressive legal protection is contained in Article 55 of Law Number 28 of 2014 concerning Copyright. Legal efforts taken by the Netflix application with the settlement of litigation in the form of a lawsuit for compensation and a report on the closure of content or rights.
Penerapan Basel Convention On Plastic Waste Amendments 2019 dalam Upaya Pengurangan Sampah Plastik Impor di Indonesia Nufus, Aulan; Jayakusuma, Zulfikar; Diana, Ledy
PATTIMURA Legal Journal Vol 3 No 2 (2024): Agustus 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.v3i2.13805

Abstract

Introduction: The government has uncovered thousands of cases of smuggling of imported waste that violates regulations during the 2019-2022 period, these violations are in the form of waste that cannot be recycled and contains B3, this violates the provisions of the Basel Amendments 2019 based on attachments II, VIII and IX. The environmental damage caused by plastic waste is becoming increasingly serious, because apart from having to overcome existing waste problems, the government also has to face problems related to imported plastic waste. Purposes of the Research: To find out the implementation of the Basel Convention on Plastic Waste Amendments 2019 in efforts to reduce imported plastic waste in Indonesia and to find out the impact of imported plastic waste and the efforts made to reduce imported plastic waste in Indonesia. Methods of the Research: The research method used is a normative research method, namely legal research carried out by examining library materials or secondary data. Results Originality of the Research: The implementation of the Basel Convention on Plastic Waste Amendments 2019 in efforts to reduce imported plastic waste in Indonesia appears to have not been able to be actualized optimally, due to a lack of supervision in its implementation, and there are still gaps that provide opportunities for imported plastic waste to enter Indonesia. The impact of imported waste that continues to enter Indonesia has the potential to damage the environment in Indonesia which will affect the quality of life of future generations. One step is to maximize efforts to sort and process waste, so that in the future we can significantly reduce dependence on imported plastic waste, so that the objectives of the principle of sustainable development can be implemented.
Perbandingan Hukum Pertanggungjawaban Pidana Korporasi Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup : Analisis Antara Amerika Dan Indonesia Rozeli, Rozeli; Susila, Endrio
PATTIMURA Legal Journal Vol 3 No 2 (2024): Agustus 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.v3i2.14829

Abstract

Introduction: The large amount of pollution and environmental damage is caused by large-scale exploitation of nature, both sea, land, and air. Therefore, it is necessary to realize the principles of laws and regulations on environmental protection and management. Purposes of the Research: For corporate criminal liability based on the Law on Environmental Protection and Management and comparing the compensation lawsuit system in the United States and Indonesia. Methods of the Research: The method in this study is Normative Juridical Law, using the approach of the Law, in the form of literary books, journals, articles with research objects. Results Originality of the Research: Based on the results of the study, the existence of corporations as legal subjects can be held criminally liable as, the Direct Liability theory, a corporation can be burdened with criminal liability, while in the Vicarious Liability Theory, liability is imposed on the corporation or the person in charge of the business can be held criminally liable.
Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Mucikari Prostitusi Online Adyatama, Bagus Prayoga Anggun; Surahman, Surahman
PATTIMURA Legal Journal Vol 3 No 2 (2024): Agustus 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.v3i2.15061

Abstract

Introduction: Child legal protection analyzed from the object of study, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Purposes of the Research: Revealing the juvenile justice procedures in dealing with criminal cases of online prostitution pimping by minors based on the judge's considerations in deciding the case by imposing prison sanctions on children in Decision Number 4/Pid.Sus-Anak/2023/PN Tgt. Methods of the Research: This research is normative legal research with document study data collection techniques that examine various documents related to the research object. The data used in this research are primary legal material sources and secondary legal material sources. Results Originality of the Research: The research results found that in the provisions of Judge's Decision No. 4/Pid.Sus- Anak/2023/PN Tgt., there are several provisions related to juvenile justice that are not in accordance with the Juvenile Criminal Justice System Law and Islamic Law. In decision making, there are still several things that are not appropriate, especially in prison sentences imposed on child perpetrators. Judges need to review several aspects in issuing decisions regarding this matter so that it does not cause negative impacts in the future.
Implikasi Ambiguitas Kreditur Separatis Dan Kurator Dalam Pembagian Boedel Debitor Pailit Menurut Perspektif Philosophy Saija, Ronald; Tesalonika, Iming Maknaan; Bakir, Herman
PATTIMURA Legal Journal Vol 3 No 2 (2024): Agustus 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.v3i2.15556

Abstract

Introduction: Completing debt and receivables agreements with serious material security objects between creditors and debtors through the Bankruptcy route. Bankruptcy as a form of dispute resolution regulated in Articles 749-910 of Wetboek van Koophandel which has been codified through Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Purposes of the Research: To find legal rules that specifically regulate the Ambiguity Implications of Separatist Creditors and Curators in Boedel, Debtors Bankruptcy. Methods of the Research: The method used in this writing is an extensive interpetation method to try to find a law in the future (ius constituendum) because there is still no legal rule that specifically regulates the Ambiguity Implications of Separatist Creditors and Curators in Boedel Debtors Bankruptcy. Then we also use a systematic interpretation method because in this study the author tries to relate several laws and regulations in Indonesia. Results Originality of the Research: The bankruptcy study is inseparable from the collateral by the debtor who has experienced business bankruptcy, which has given an advantage to separatist creditors and curators in executing the collateral before it is further studied by the Government through the Curator. In fact, through its superior nature, the settlement of receivables by separatist creditors is quite ambigiutive and comprehensive and fast without having to apply for bankruptcy of the previous debtor.
Eksistensi Multi-Party Interim Appeal Arbitration Arrangement Sebagai Arbitrase Pasca Kekosongan Anggota Appellate Body World Trade Organization Wahyuni, Rani Sri; Jayakusuma, Zulfikar; Diana, Ledy
PATTIMURA Legal Journal Vol 3 No 3 (2024): Desember 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.v3i3.15745

Abstract

Introduction: The World Trade Organization (WTO), as a World Trade Organisation, has a dispute settlement system that allows member countries to comply with the results of the dispute decision through several stages of settlement, namely consultations, panels and the Appellate Body. Since 2017, one of the WTO's member countries, the United States, has not agreed to the appointment of Appellate Body members, resulting in a vacancy in the Appellate Body and its inability to resolve appeals since 2019. To provide a temporary solution to the Appellate Body's dysfunction, several WTO members have established an alternative dispute settlement body, the Multi-Party Interim Appeal Arbitration Arrangement. The establishment of this body is intended to fill the temporary void created by the Appellate Body's dysfunction. Purposes of the Research: The purpose of this study is to determine the existence of the Multi-Party Interim Appeal Arbitration Arrangement in the WTO dispute settlement system. Methods of The Research: The type of research used is normative research by conducting a literature study through data sources derived from legal materials. Results of the Research: The results of this study indicate that the existence of the Multi-Party Interim Appeal Arbitration Arrangement as arbitration after the vacancy of the WTO Appellate Body members does not provide a real solution and instead creates uncertainty among WTO member countries because the Multi-Party Interim Appeal Arbitration Arrangement is not binding and is outside the WTO dispute settlement system. The position of the Multi-Party Interim Appeal Arbitration Arrangement which is outside the system causes a lot of uncertainty and the resulting decisions are not binding.

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