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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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Pelaksanaan Pemenuhan Hak Pekerja Pada Toko Ponsel Darma, Shabrina Rika; Lestari, Rika; Rasudin, Nurahim
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.v3i2.15883

Abstract

Introduction: The implementation of the fulfillment of workers' rights in mobile phone shops in Dumai City is often not in line with applicable regulations such as the provision of inadequate wages, workers' working hours that are not in accordance with working hour regulations and the right to leave that workers rarely get. Purposes of the Research: The purpose of this research is to find out how the fulfillment of workers' rights at cellphone stores in Dumai City, how obstacles and efforts in fulfilling workers' rights at cellphone stores in Dumai City. Methods of the Research: The type of research used is sociological legal research that wants to see the correlation between law and society, so as to reveal the effectiveness of the application of law in society. Results Originality of the Research: This research found that the only rights that have been implemented are the rights to get work breaks. Meanwhile, other rights have not been fulfilled. Constraints in the fulfillment of workers' rights are due to the absence of wage increases, working hours that exceed the time limit, unclear rights and obligations, and the lack of ability of employers to fulfill workers' rights, difficulty in obtaining work leave, absence of social security, absence of education and job training. Efforts can be made in the form of counseling and education, work scheduling so that schedules are more flexible, providing written agreements, applying appropriate wages, training and skills development, and social security.
Tanggung Jawab Pemberi Waralaba Terhadap Penerima Waralaba Atas Merek Usaha Waralaba Yang Tidak Terdaftar Sahla, Raja Nabilla Marshanda; Lestari, Rika; Putra, Setia
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.v3i3.16348

Abstract

Introduction: The franchisor did not register the business brand with the Directorate General of Intellectual Propertymso that the franchisor could not make a Franchise Prospectus and could not apply for a Franchise Registration Certificate. Purposes of the Research: The purpose of this research is to find out how the legal consequences for franchisees for unregistered franchise business marks and to find out the responsibilities of franchisors to franchisees for unregistered franchise business marks in Pekanbaru City. Methods of the Research: The type of research used is sociological legal research that wants to see the correlation between law and society, so as to reveal the effectiveness of the application of law in society. Results of the Research: This study found that the legal consequences of franchises that do not register their trademarks will result in a franchise agreement made by the franchisor and franchisee will be null and void because it does not meet the valid requirements of the agreement, namely the halal causa. The responsibility given by the franchisor to franchisees who have suffered losses is compensation and and immediately register their business brand and apply for a Franchise Registration Certificate to the authorized agency.
Penetapan Tersangka Tindak Pidana Narkotika Terhadap Anggota Polri Tanpa Adanya Barang Bukti Rumangun, Johan Pieter Elia
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.v3i2.16437

Abstract

Introduction: Determining a suspect for a narcotics crime against a member of the National Police without any evidence is a complex and sensitive legal issue. Purposes of the Research: This case highlights the procedures for determining suspects in a law enforcement environment, where the integrity and public trust in the National Police institution is at stake. Methods of the Research: This type of research is normative juridical in nature. The research type is descriptive-analytical. Sources of legal materials use primary legal materials and secondary legal materials. Techniques for collecting legal materials through literature study and qualitative analysis of legal materials. Results Originality of the Research: The research results show that although physical evidence is very important in enforcing criminal law, the determination of suspects can be carried out based on digital evidence or other adequate information, provided that strict legal procedures are followed to ensure fairness and transparency. However, determining suspects without physical evidence against members of the National Police must be carried out very carefully to avoid the appearance of abuse of authority or actions that could harm the image of the police.
Pelaksanaan Pengangkatan dan Pemindahan Pejabat Administrator Oleh Pejabat Pembina Kepegawaian di Lingkungan Pemerintah Daerah Azoumy, Nur Ghufran; Haryono, Dodi; Separen, Separen
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.v3i3.16661

Abstract

Introduction: Administrator Officials are appointed and determined by the Staff Supervisory Officer. The implementation of the appointment and transfer of administrator officials within the Karimun Regency Government is considered not running optimally. There are administrator officials who sit in office but not in accordance with the requirements specified in PP No.11 of 2017 concerning Civil Servant Management. Purposes of the Research: The purpose of this study is to determine the implementation of the appointment and transfer of Administrator Officials by the Civil Service Supervisory Officials within the Karimun Regency Regional Government, to find out the obstacles and supporting factors in this implementation, and the efforts made by the government against this. Methods of the Research: The type of research conducted is sociological legal research conducted in the Regional Government of Karimun Regency. The data sources used are primary data and secondary data. The data collection techniques used are interviews, observation and literature review. The data is then analyzed which is qualitative in nature and then concluded using a deductive thinking method. Results of the Research: The result of this study is the implementation of the appointment and transfer of Administrator Officials is done through performance appraisal by TPK PNS is not done because it is not found what is called TPK PNS. This causes there are Administrator Officials who are not in accordance with the requirements determined by laws and regulations such as there are officials who are less qualified.
Dampak Kebijakan Otonomi Daerah Terhadap Pemberdayaan Masyarakat Lokal Rohim, Annisa
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.v3i3.16700

Abstract

Introduction: Regional autonomy gives regional governments more authority in managing local resources and policies. This has the potential to strengthen community empowerment by increasing participation, access to public services, and more effective local economic management. However, challenges such as inequality and lack of local capacity are still obstacles in realizing this potential. Purposes of the Research: It is hoped that this study will provide a clearer picture of the successes and challenges faced in implementing regional autonomy, as well as provide recommendations for increasing the effectiveness of this policy in empowering local communities more optimally. Methods of the Research: This research method uses a normative approach with literature study, reviewing journals, books and other sources to analyze the impact of regional autonomy policies on empowering local communities, as well as the legal and social implications they cause. Results of the Research: This research reveals that regional autonomy policies have a significant impact on the empowerment of local communities. On the one hand, decentralization allows local governments to be more responsive to local needs and optimize regional resource potential. However, on the other hand, the implementation of this policy is sometimes hampered by the lack of local government capacity in managing resources and lack of coordination between agencies. However, in several regions, regional autonomy has succeeded in increasing community participation in decision making and strengthening local economic capacity, which ultimately supports community welfare and strengthens social resilience at the local level.
Pertanggung Jawaban Hukum Pengelola Parkir Terkait Legalitas Usahanya Murahman, Farhan; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v3i3.17347

Abstract

Introduction: Parking service users who are harmed because there are managers and parking attendants who manage a parking lot illegally, they do not have direct permission from the local government and there is a loss of consumer belongings, and the consumer asks for compensation for the loss but the parking officer does not want to be responsible for the reason that it is not his responsibility, this is of course the responsibility of the parking manager if the parking officer does not want to be responsible for the The loss. Purposes of the Research: The responsibility of the parking manager, this of course causes losses experienced by parking lot users or consumers due to the absence of responsibility from the parking manager. Methods of the Research: The research method used is a type of normative research that is carried out by researching library materials or secondary data, legal materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials, in the procedure for collecting legal materials is carried out by examining legal materials, preparing legal materials, systematically processing and analyzing legal materials. Results Originality of the Research: The results of this study show that the legality of parking attendants, namely parking managers, must have official permits from the local government and wear uniforms or clear identification. Sanctions given to illegal parking attendants include verbal or written reprimands and administrative fines, as well as the responsibility of parking managers to parking service users. In the event of loss of consumer goods, the parking manager is responsible for replacing the lost consumer goods, because the task of the parking manager is to protect the consignment items belonging to consumers as if they belong to them and must be returned in their original form.
Perlindungan Hukum Bagi Pengguna Jasa Internet Terhadap Kerahasiaan Data Pribadi Anakotta, Fredrik; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
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.v3i3.17348

Abstract

Introduction: In the current era of globalization, the internet plays a very important role in human life. In addition to playing an important role, there are also adverse impacts that harm internet service users such as personal data leaks. The confidentiality of personal data was leaked in 2022, including indihome customer data, as many as 26 million customer data were traded on BreachForms by Bjorka. The data is in the form of keyword search history, user info such as email, name, to Population Identification Number. Purposes of the Research: A form of legal protection for the public regarding the security of personal data and consumer rights that are not fulfilled. Methods of the Research: The research method used is normative juridical, namely by examining various laws and regulations and other literature related to the research. Results Originality of the Research: The results of this study show that the form of legal protection for internet service users against the confidentiality of personal data consists of three forms, namely the form of supervision of personal data, the existence of the principle of personal data security protection, where internet service providers are obliged to maintain the security of internet service user data, the existence of personal data security from unauthorized parties, for which the Government, Internet Service Providers, Law enforcement officials are obliged to supervise and secure all forms of internet networks, for example by deleting or locking personal data if it has been used by the user, as well as strengthening legal arrangements related to the misuse of personal data confidentiality. Quickly handle various cases of abuse of the confidentiality of personal data of internet network users so that it has a deterrent effect.
Local Government Supervision of the Circulation of Tuak (Alcoholic) Beverages in the Context of Implementing Public Order, Peace and Community Protection Hakiki, Muhamad Haiqal; Firdaus, Emilda; Separen, Separen
PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 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.v4i1.17977

Abstract

Introduction: The circulation of alcoholic beverages in Tembilahan District is a social problem that requires strict supervision from the local government. Based on the Regional Regulation of Indragiri Hilir Regency Number 3 of 2023, supervision of the circulation of alcoholic beverages is the responsibility of the Pamong Praja Police Unit to maintain public order, peace, and community protection. Purposes of the Research: The purpose of this study is to find out the Regional Government's supervision of the circulation of alcoholic beverages in Tembilahan District, to find out the inhibiting factors in the supervision, and the efforts made by the Regional Government in this regard. Methods of the Research: The type of research carried out is sociological legal research conducted in the Regional Government of Indragiri Hilir Regency. The data sources used are primary data and secondary data. The data collection techniques used were interviews, and literature reviews. The data is then analyzed which is qualitative and then concluded using a deductive thinking method. Results Main Findings of the Research: The result of this study is that the supervision of the circulation of alcoholic beverages by the Pamong Praja Police Unit is still not optimal, as seen from the low intensity of raids and the lack of strict action against violators. The main inhibiting factors in this supervision include limited facilities and infrastructure, information leakage, and lack of community participation. To overcome this obstacle, the local government plans to increase monitoring facilities and facilities and the use of technology such as Closed-Circuit Television in areas prone to alcohol trafficking. The establishment of a Rapid Reaction Unit involving the Pamong Praja Police Unit, the police, and the community is expected to strengthen supervision and increase the effectiveness of local law enforcement.
Implications of District Court Decisions on the Stages of the 2024 Elections: Perspectives on the Indonesian Election System Pangastuti, Inagatha Setyarahma; Salman, Radian; Aris, Mohammad Syaiful; Putri, Luh Putu Yeyen Karista
PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 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.v4i1.18257

Abstract

Introduction: The stipulation of Decision Number 757/Pdt.G/2022/PN.Jkt.Pst raises many pros and cons, namely related to the decision to postpone the 2024 elections. Through the Decision, the Central Jakarta District Court decided and adjudicated the Unlawful Acts dispute filed by the Adil Makmur People's Party against the General Election Commission. The Central Jakarta District Court should not have the authority to adjudicate disputes filed by the Adil Makmur People's Party because it violates absolute competence. Purposes of the Research: The purpose of this study is to analyze the position of the Decision and its legal consequences on the people's sovereignty in the electoral system in Indonesia. Methods of the Research: The research methods used are normative legal research methods, with a conceptual approach, a statue approach and a case approach. Results Main Findings of the Research: The research found that (1) the General Election Commission was right to appeal, showing that the 2024 election must be in accordance with the constitution, and (2) the postponement of the election violates the sovereignty of the people, as the election system in Indonesia should be carried out every five (5) years, and does not recognize the term postponing the election.
The Dynamics of Law Enforcement in Indonesia: According to Donald Black's Legal Discrimination Theory Rahmawati, Dwi; Abibah, Hikmatul
PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 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.v4i1.18259

Abstract

Introduction: This article analyzes the justice crisis of several cases of law enforcement due to legal stratification Donald Black`s Teheory and explains integrative steps to overcome the problem of law enforcement discrimination in Indonesia. Purposes of the Research: This research identifies the dynamics of law enforcement due to the existance of legal stratification Donald Black and factors that legal discrimination. Methods of the Research: Normative research method that conducts library research through varios library materials such as books, academic articles, and official reports related to the object under study. Results Main Findings of the Research: Law enforcement discrimination in Indonesia often occurs based on social stratification. The rich have better access to litigation and are more likely to win legal cases, while the poor have difficulty obtaining justice. This reflects bias within the legal system, which has the potential to hinder the creation of social order and justice. To overcome discrimination in law enforcement must prioritize improvements in three main parts: legal substance, legal structure, and legal culture. These three parts must run synergistically, because weaknesses in one part will weaken the legal system as a whole. Pancasila as the basis of the state must be the main guideline in law formation and enforcement. To achieve a legal unbiased system in Indonesia, a commitmen is needed from lawmakers and law enforcement officials. With a balance between substance, structure, and legal culture, a fair and effective legal system can be achieved.

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