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[Application of the Principle Rule of Reason to the Determination of Airline Ticket Prices in Business Competition Practices ]]>
<![CDATA[Miranda, Maudy]]>;
<![CDATA[Gultom, Elisatris]]>;
<![CDATA[Yuanitasari, Deviana]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i1.18268
<![CDATA[Introduction: Business competition often drives companies to engage in unfair practices, including violations of the rule of reason principle, where market dominance is achieved through cartel-like behavior. This study focuses on analyzing how this principle applies to airline ticket pricing, particularly under Law Number 5 of 1999 concerning Monopoly Practices and Unfair Business Competition in Indonesia. Purposes of the Research: This research aims to analyze the application of the rule of reason principle in airline ticket pricing and assess whether airlines' pricing practices comply with Law Number 5 of 1999, focusing on a case involving seven airlines accused of anti-competitive behavior. Methods of the Research: This research uses normative legal research methods, relying on secondary data collected through literature studies. The analysis focuses on interpreting Law Number 5 of 1999, specifically Article 5, to determine whether airline pricing practices, including those of seven airlines under investigation, violate the rule of reason principle and constitute unfair competition. Results Main Findings of the Research: This research demonstrates that a violation under the rule of reason principle demands rigorous evaluation of market effects. The case involving seven airlines uncovered a price-fixing scheme in breach of Article 5 of Law No. 5 of 1999. By restricting routes and low-cost ticket availability, the conduct significantly eroded consumer welfare and disrupted the integrity of competitive market structures.]]>
<![CDATA[Regulatory Challenges in International Aviation: Indonesia and Russia Compared ]]>
<![CDATA[Wala, Gevan Naufal]]>;
<![CDATA[Antonovich, Lazarev Viktor]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i1.18372
<![CDATA[Introduction: The global aviation industry operates within a complex web of international regulatory frameworks that vary significantly from one country to another. This study focuses on the interplay between these frameworks, particularly examining the legal perspectives of Indonesia and the operational experiences of Russian pilots. Understanding these dynamics is crucial for identifying regulatory challenges that affect cross-border aviation operations. Purposes of the Research: The primary purpose of this research is to analyze the differences in aviation regulatory frameworks between Indonesia and Russia, with a focus on documentation requirements, certification recognition, and environmental regulations. By bridging theoretical legal examination with practical insights from aviation practitioners. Methods of the Research: This study employs a comparative legal analysis methodology, integrating theoretical frameworks with empirical data gathered from interviews and surveys of aviation professionals, including pilots and regulatory officials. The research examines documentation processes, certification practices, and environmental regulations in both jurisdictions, highlighting the operational implications for pilots navigating these regulatory landscapes. Results Main Findings of the Research: The findings reveal significant divergences in documentation requirements, with Indonesian authorities placing a strong emphasis on procedural compliance, while Russian frameworks prioritize technical standards. Certification recognition issues were found to increase operational costs by 4-7%, leading pilots to develop unofficial workarounds to address contradictory requirements. Additionally, environmental regulations exhibited stark differences; Indonesia's focus on noise abatement in densely populated areas contrasts sharply with Russia's emissions-oriented approach for Arctic operations. The research culminates in practical recommendations for regulatory harmonization that aim to reduce compliance burdens while maintaining safety standards across both jurisdictions.]]>
<![CDATA[The Legal Certainty Versus National Economic Recovery: Peace Fines by Prosecutors in Corruption Crimes Comparative Law Perspective ]]>
<![CDATA[Disantara, Fradhana Putra]]>;
<![CDATA[Thuong, Mac Thi Hoai]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 1 (2025): April 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i1.18442
<![CDATA[Introduction: The application of peace fines in corruption crimes in Indonesia creates a complex legal dilemma. The Prosecutor's Law grants prosecutors the authority to use peace fines in economic crimes, but on the other hand, the Anti-Corruption Law explicitly states that the return of state losses does not absolve the criminal liability of corruption perpetrators. Purposes of the Research: This research aims to analyze the aspect of legal certainty related to the application of peace fines in connection with corruption crimes, linked to national economic recovery efforts, and a comparative legal analysis in other countries regarding peace fines in the enforcement of corruption crimes. Methods of the Research: This research is a normative legal study with a conceptual, legislative, and comparative legal approach. Results Main Findings of the Research: The research results show that the application of restorative fines related to corruption crimes in connection with national economic recovery efforts does not yet guarantee legal certainty due to a conflict of rules between Article 35 paragraph 1 letter (k) of the Amendment to the Prosecutor's Law and Article 4 of the Anti-Corruption Law. The issue can be resolved with the principle of lex specialis derogat legi generali. The application of peace fines in England, the United States, and Saudi Arabia above shows that peace fines are of a global nature and constitute a general legal policy in their efforts to save a country's national economy from losses due to corruption. The implementation of peace fines in Indonesia to achieve legal certainty needs to consider several factors, such as clear regulatory revisions to avoid legal uncertainty and conflicts of rules in various laws and regulations.]]>
<![CDATA[The Government's Role in Legal Protection of Workers on Fixed-Time Employment Agreements in the Context of Boycotting Pro-Israel Products ]]>
<![CDATA[Andrian, Yasmine Putri]]>;
<![CDATA[Sulistiyono, Tri]]>;
<![CDATA[Deswinta, Shinta Widi]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i2.18570
<![CDATA[Introduction: Boycotts of products associated with support for Israel can have an impact on business and employment, especially for workers with Fixed-Time Employment Agreements. Purposes of the Research: This study discusses the role of the government in providing legal protection for Fixed-Time Work Agreement workers in the midst of the boycott, with a case study on Starbucks Coffeeshop in Semarang City. The phenomenon of boycotts often affects the sustainability of the business and the stability of the workforce, especially Fixed-Time Employment Agreements workers who are more vulnerable to Termination of Employment. Methods of the Research: This study uses an empirical juridical method with a qualitative approach, examining labor regulations and the implementation of legal protection policies for Fixed-Time Work Agreements workers in situations of business uncertainty due to boycott actions. Results Main Findings of the Research: The results of the study show that labor regulations have regulated protections for Fixed-Time Work Agreement workers, including the right to compensation upon termination of employment. However, there is still room for improvement, especially in the aspect of supervision and law enforcement, so that every Fixed-Time Work Agreement worker can obtain his rights fairly and in accordance with applicable regulations. The government has a strategic role in ensuring that workers' rights remain protected, both through labor policies, industrial relations mediation, and the provision of legal aid for workers affected by Termination of Employment. The study recommends strengthening regulations and oversight to ensure more effective protections for Fixed-Time Employment Agreements workers amid the impact of boycotts on the employment sector.]]>
<![CDATA[The Legality of Abortion Without Spousal Consent in Islamic Jurisprudence ]]>
<![CDATA[Wahyudi, Wahyudi]]>;
<![CDATA[Saepullah, Usep]]>;
<![CDATA[Ilias, Ibtisam Ilyana]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i2.19055
<![CDATA[Introduction: The issue of abortion without spousal consent remains a contentious topic in Islamic jurisprudence, reflecting broader debates on women's autonomy and reproductive rights within marriage. Islamic family law traditionally emphasizes mutual agreement between spouses in major decisions, including those related to pregnancy. However, the question of whether a woman can independently decide to terminate a pregnancy without her husband’s approval remains subject to differing interpretations among scholars and legal schools. Purposes of the Research: This study aims to investigate the legality and ethical implications of unilateral abortion by women under Islamic jurisprudence, focusing particularly on the role and requirement of spousal consent. Methods of the Research: The research adopts a normative legal methodology, conducting a textual and thematic analysis of primary Islamic legal sources, including the Qur’an, prophetic traditions (Hadith), and the classical juristic rulings (fiqh), alongside contemporary scholarly opinions and legal frameworks in Muslim-majority countries. Results Main Findings of the Research: The findings reveal that while most Islamic legal traditions require spousal consultation or consent, certain conditions such as threats to the mother’s life or health may justify a woman's independent decision to abort. The study underscores a spectrum of legal opinions, from those mandating strict spousal consent to those permitting unilateral decisions based on the principle of avoiding harm (darar), and suggests that a balance can be achieved through a maqasid al-shari'ah (objectives of Islamic law) approach that prioritizes the well-being of the mother while respecting the marital partnership.]]>
<![CDATA[Reformulation of Regulation on Prostitution Crime as Predicate Crime in Money Laundering ]]>
<![CDATA[Purboyo, Ardi]]>;
<![CDATA[Suhartono, Slamet]]>;
<![CDATA[Mangesti, Yovita Arie]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i2.19161
<![CDATA[Introduction: A person who carries out a financial transaction or other financial transaction that is suspected of hiding or disguising the origin of wealth from illegal acquisitions as if it were legitimate wealth and not the result of a crime, its truth must first be proven. Purposes of the Research: Research aims to find the urgency of regulating the crime of money laundering originating from prostitution in the National Criminal Code based on the principle of justice and the concept of reformulating the regulation of the crime of money laundering originating from prostitution in the National Criminal Code. Methods of the Research: A study uses normative legal research, namely legal research that focuses on the study, review, and analysis of positive law. This research is a review or analysis that focuses on the rules or provisions stipulated in applicable laws and regulations. A study was conducted on the primary legal materials and secondary legal materials used to answer the legal issues raised, namely related to the regulation of money laundering crimes originating from prostitution crimes. Results Main Findings of the Research: The results of the study show the urgency of reformulating the regulation of prostitution as a predicate crime in money laundering as a crime of follow does not reflect the value of justice for the community involved in both crimes. The concept of reformulating the regulation of prostitution as a predicate crime as a predicate crime in money laundering as a crime of follow must be classified against the perpetrators involved in prostitution activities. as a predicate crime in money laundering as a crime of follow must first be distinguished regarding the parties involved, such as pimps/intermediaries, providers of commercial sexual service facilities, and also sex workers who are distinguished as professions and sex workers as victims of sexual exploitation. The community understands that prostitution is not just a symptom of social pathology but is a criminal act. The community should be involved in social control efforts so that there are no further criminal acts, namely money laundering.]]>
<![CDATA[The Effectiveness of the Coal Mining Licensing System in the Implementation of Sustainable Development Goals ]]>
<![CDATA[Budhiartie, Arrie]]>;
<![CDATA[Zarifah, Ridha Aulia]]>;
<![CDATA[Valentino, Deco Anderson]]>;
<![CDATA[Aprilia, Diva Puspita]]>;
<![CDATA[Deffiana, Zahra]]>;
<![CDATA[Jabbi, Yusupha]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i2.19561
<![CDATA[Introduction: The mining licensing system is a key instrument in controlling coal exploitation activities to achieve sustainable development targets after the adoption of the 2015 Sustainable Development Goals (SDGs). However, there are problems in the licensing function as an environmental impact control mechanism and disparities between national regulations and policy implementation at the regional level that hinder the achievement of sustainable mining goals. Purposes of the Research: The purpose of writing this article is to evaluate the effectiveness of the coal sector licensing mechanism in Jambi City in adopting SDGs values and examine the challenges of implementing sustainable mining policies at the local level. Methods of the Research: The research uses a qualitative approach with a descriptive analysis method on the mining licensing system in Jambi City. Data collection techniques through documentation studies on regional licensing policies, Mayor's regulations in the field of mining, regulations on coal sector control, and analysis of literature from relevant scientific sources. Results Main Findings of the Research: The research reveals that the coal licensing system in Jambi City has adopted the principles of SDGs 12 (responsible consumption and production) through the Decree of the Mayor of Jambi Number 54 of 2023 concerning the control of coal transportation, the optimization of the licensing function as an environmentally friendly production control tool, and the establishment of a multi-agency coordination system in the supervision of responsible production practices, However, there are still weaknesses in the implementation of sanctions and the synchronization of central and regional policies.]]>
<![CDATA[Provision of Compensation and Damages for Termination of a Fixed-Term Employment Agreement Before the End of the Term with Legal Certainty ]]>
<![CDATA[Mulyono, Dedy Surya]]>;
<![CDATA[Budiono, Abdul Rachmad]]>;
<![CDATA[Santoso, Budi]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i2.20117
<![CDATA[Introduction: Fixed-Time Employment Agreement before the end of the period often creates legal uncertainty regarding the provision of compensation and damages. The lack of clarity in regulations encourages the need for legal analysis and reconstruction to ensure certainty, justice, and protection of rights for workers and employers. Purposes of the Research: This research aims to explore and reinterpret the concepts of damages and compensation within the framework of employment law, particularly in the context of early termination of Fixed-Term Employment Agreements. By examining the legal ambiguities that often arise in such cases, the study seeks to develop a reconstructed legal model that ensures clarity and consistency in determining entitlements. This reconstruction is expected to contribute to the realization of equitable treatment and stronger legal safeguards for both employers and employees involved. Methods of the Research: This study uses a legal research method with a statutory approach and a case approach. The legal materials used include primary legal materials (statutory regulations and court decisions), secondary (books, research results and journals) and tertiary (Indonesian dictionary). The legal materials are obtained from studies which will then be analyzed using analysis techniques in the form of systematic interpretation and grammatical interpretation. Results Main Findings of the Research: The results of the analysis show that the meaning of compensation and damages in Fixed-Time Employment Agreement have fundamental differences, where compensation is given due to termination of employment that is not in accordance with the provisions, while compensation is a reward for work that has been completed. Legal certainty related to both terms is important to ensure justice and the implementation of workers' rights consistently.]]>
<![CDATA[The Legal Status of Paid Parking in Churches in the Perspective of Regional Taxes and Levies ]]>
<![CDATA[Lobo, Ferdinandus Ngau]]>;
<![CDATA[Hallan, Markus]]>;
<![CDATA[Djono, Martinus Julianto Dae]]>;
<![CDATA[Kelen, Rosalia Martha Jawa]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i2.20983
<![CDATA[Introduction: Churches, as religious institutions, are generally exempt from taxation. However, the emergence of paid parking practices within church premises has not received public criticism. The public tends to view it as a form of voluntary participation rather than a commercial activity. This raises legal questions from the perspective of tax law and regional levies. Purposes of the Research: To examine the legal standing of paid parking practices at churches from the perspective of tax and regional levies. Methods of the Research: This study uses normative legal research with a statute approach, focusing on the analysis of legal materials through a literature review of laws and regulations as well as relevant legal literature. Results Main Findings of the Research: Paid parking within church premises is juridically categorized as a parking tax object, not a regional levy. However, referring to Article 77 paragraph (3) letter b of Law Number 28 of 2009, places of worship are exempt from tax if used solely for public services and not for commercial purposes. Since the parking proceeds are used to support church services, such practices should be excluded from the parking tax object. This indicates the need to expand the scope of tax exemption provisions to accommodate the essential function of places of worship.]]>
<![CDATA[Legal Frameworks for Carbon Taxation: A Comparative Study of Indonesia and Japan ]]>
<![CDATA[Maulana, Muhammad Asrul]]>;
<![CDATA[Aristi, Savira]]>
<![CDATA[ PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal ]]>
Publisher : <![CDATA[Postgraduate Program Doctoral in Law, Universitas Pattimura ]]>
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DOI: 10.47268/pela.v4i3.20807
<![CDATA[Introduction: The comparison of carbon tax regulations between Indonesia and Japan is highly relevant, considering that Japan has implemented a carbon tax policy earlier, on a larger scale, and with varying rates for different types of carbon emissions. By analyzing this comparison, Indonesia is expected to identify a more effective approach to reducing carbon emissions without hindering economic growth. Purposes of the Research: The purpose of this legal comparison is to evaluate and propose a unification of carbon tax policies in Indonesia that better align with domestic conditions and needs, by taking into account the experiences of other countries, particularly Japan. This unification aims to create a more efficient and equitable carbon tax system that can support Indonesia’s efforts in achieving its carbon emission reduction targets This unification aims to create a more efficient and equitable carbon tax system, and can support Indonesia's efforts to meet its carbon emission reduction targets. Methods of the Research: This study uses a normative method with a comparative approach. The primary legal material used is a comparison between the Indonesian legal framework and the Japanese legal framework. Comparative analysis is focused on law in the context by using a micro approach, i.e. a comparison of legal norms. Results Main Findings of the Research: This research contributes to the legal and policy discourse on carbon taxation by providing a comparative analysis between Indonesia and Japan, focusing on how regulatory design and economic instruments can balance environmental goals with industrial competitiveness. The study finds that while Japan’s carbon tax operates within a mature regulatory framework supported by strong institutional coordination and public compliance, Indonesia’s system remains at a formative stage, requiring detailed implementing regulations and clear emission accounting mechanisms. Both countries share the objective of promoting low-carbon transitions, but differ in tariff structure, policy maturity, and economic adaptability. Japan’s experience demonstrates that consistent policy enforcement and alignment with renewable energy incentives enhance effectiveness, a lesson Indonesia can adopt to balance environmental protection with sustainable economic growths.]]>
