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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 82 Documents
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Political Interests Versus the Supremacy of Law: A Critical Review of Constitutional Law Regarding the Abolition of Tom Lembong and Amnesty for Hasto Kristiyanto Fakhry Amin; Souad Ahmed Ezzerouali
PATTIMURA Legal Journal Volume 4 Issue 3 December (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.v4i3.21292

Abstract

Introduction: The President's authority to grant amnesty and abolition is a constitutional prerogative that provides flexibility in resolving legal issues with political and social implications, such as reconciliation and conflict resolution. Purposes of the Research: This research aims to provide a critical analysis regarding the granting of amnesty to Hasto Kristiyanto and the abolition granted to Tom Lembong from the perspective of constitutional law. Methods of the Research: This research is a normative legal study with a conceptual and legislative approach. Results Main Findings of the Research: The constitutional authority of the President to grant amnesty and abolition is a prerogative right that provides flexibility and special power to resolve legal issues related to political and social dimensions, such as reconciliation and conflict resolution. The case of granting amnesty to Hasto Kristiyanto and abolition to Tom Lembong has sparked a debate about the balance between the supremacy of law and political interests, where the decision has the potential to mature the subordination of law to political interests, thus demanding transparency and accountability so that the President's prerogative is not misused for short-term political gain. Therefore, a checks and balances mechanism involving the House of Representatives and high transparency must be implemented so that the President's authority can be exercised in an accountable manner and in favor of the people's interests as a whole.
Default in Online Lending: A Legal Review of Standard Clauses and Consumer Protection Against Breach of Contract Claims Fernando Tantaru; Valentino Dinatra Soplantila
PATTIMURA Legal Journal Volume 4 Issue 3 December (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.v4i3.20219

Abstract

Introduction: This article examines the legal challenges surrounding Default (failure to repay) in online lending agreements dominated by standard clauses. The rapid growth of digital financial services has enabled wider access to credit; however, this convenience is not matched by equitable legal protection for debtors. In practice, delayed repayments are immediately treated as default, without considering whether the agreement itself was substantively fair. Purposes of the Research: The purpose of this study is to analyze the legal standing of debtors who commit galbay in contracts made using standard clauses that tend to favor creditors. This study also aims to evaluate whether such defaults can be directly categorized as breach of contract under Indonesian law, and to explore possible legal reform to enhance consumer protection. Methods of the Research: This research applies normative juridical methods, with a statutory and conceptual approach. The study refers to provisions in the Indonesian Civil Code, Consumer Protection Law, constitute violations of the Electronic Information and Transactions Law, and Financial Services Authority regulations, while also applying theories such as contractual justice, good faith doctrine, and equilibrium contract theory. Data are obtained from legislation, legal doctrine, literature review, and court rulings. Results Main Findings of the Research: The findings show that the debtor’s legal position in online lending is structurally disadvantaged due to unequal bargaining power and the use of exploitative standard clauses. This study argues that Default cannot be directly equated with breach of contract because essential elements of valid default - such as genuine consent and proper notification - are often absent. The novelty of this research lies in its critical framing of online lending default as a structural, rather than individual, failure, thereby requiring a justice-oriented interpretation to prevent systemic exploitation.
Criminal Law Politics and Punishment Theories: A Comparative Study of Retributive vs. Restorative Justice in Indonesia and Georgia Nur Ainy Amira Puspitaning Suwandi; Lutfi Nur Aida; I Gede Widhiana Suarda; Y A Triana Ohoiwutun; Maia Kapanadze
PATTIMURA Legal Journal Volume 4 Issue 3 December (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.v4i3.21767

Abstract

Introduction: The debate between retributive and restorative justice remains a central issue in the politics of criminal law across jurisdictions. Indonesia and Georgia represent two countries undergoing legal transitions with distinct historical and socio-political contexts, yet both face similar challenges in determining the orientation of their penal policies. Purposes of the Research: This study aims to analyze the differences in the application of retributive and restorative penal theories within the criminal law policies of Indonesia and Georgia, as well as to identify the factors influencing these orientations. Methods of the Research: The research adopts a normative legal method with a comparative approach, examining statutory provisions, legal doctrines, and relevant judicial decisions. Results Main Findings of the Research: The findings reveal that Indonesia continues to rely on its colonial legacy through the Criminal Code, which predominantly reflects a retributive paradigm, while gradually incorporating restorative principles in specific legislation such as the Juvenile Criminal Justice System Law. Conversely, Georgia, which previously enforced an extreme zero tolerance policy rooted in a retributive approach, has shifted toward restorative justice within its juvenile justice system through the enactment of the Juvenile Justice Code of 2015. The novelty of this research lies in its comparative analysis, which uncovers how historical, cultural, political, socio-economic, and legal factors shape each country’s penal orientation. These findings contribute to the development of comparative criminal law scholarship and provide valuable insights for promoting more balanced penal policies that integrate both retributive and restorative justice.
Reforming Indonesia's Criminal Prosecution System: The Challenge of Integrating Modern Evidence in Addressing Transnational Crime I Ketut Dody Arta Kariawan; Abdul Majid; Nurini Aprilianda; Fachrizal Afandi; Uzodinma Yurriens Ezenduka
PATTIMURA Legal Journal Volume 4 Issue 3 December (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.v4i3.22004

Abstract

Introduction: The development of transnational crime fundamentally requires efforts to update the criminal evidence system in Indonesia. This is because the characteristics of transnational crime are cross-border and are committed using technological advancements that are not yet covered or even regulated by positive law in Indonesia. Purposes of the Research: This research aims to analyze and propose reforms to the criminal justice system in Indonesia by integrating modern evidence in the face of transnational crime. Methods of the Research: This research uses a normative legal research method with a conceptual and legislative approach. Results Main Findings of the Research: The results of this study confirm that the urgency of reforming the criminal evidence system in Indonesia is a highly pressing and crucial matter for addressing the complexities of transnational crime, particularly money laundering, which demands more adaptive and effective methods of proof than the current provisions in the Criminal Procedure Code. More detailed updates to the Criminal Procedure Code regarding evidence, particularly digital and cross-border evidence, along with strengthened international cooperation and increased capacity of law enforcement officers in digital forensics and handling transnational crimes, are important steps. The reform of Indonesia's criminal evidence system, which integrates modern evidence tools to combat transnational crimes, requires a substantive revision of Article 184 of the Criminal Procedure Code to explicitly include electronic evidence as a category of valid evidence. Therefore, more detailed updates to the Criminal Procedure Code and the Anti-Money Laundering Law regarding evidence, particularly digital and cross-border evidence, along with strengthened international cooperation and increased capacity of law enforcement officers in digital forensics and handling transnational crimes, are important steps to strengthen the effectiveness of law enforcement against transnational crimes.
Reconstructing Prosecutorial Epistemology for Substantive Justice in Contract Law: A Comparative Philosophical and International Legal Analysis of Indonesia and Kazakhstan Yuvita Tri Mardiana; Fendi Setyawan; Muhammad Arief Amrullah; Ayu Herlin Norma Yunita; Dametken Medikhanovna Turekulova
PATTIMURA Legal Journal Volume 4 Issue 3 December (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.v4i3.22780

Abstract

Introduction: Contemporary contract law in Indonesia and Kazakhstan faces persistent tension between private autonomy and substantive justice. Both jurisdictions enshrine the principle of good faith, yet lack clear doctrinal guidance for its application, resulting in inconsistencies in interpretation and enforcement within their respective civil law systems. Purposes of the Research: This study aims to examine how prosecutors within these jurisdictions construct legal knowledge and exercise discretion when intervening in contract-related disputes, and to evaluate whether such prosecutorial practices advance or hinder the realization of substantive justice in contractual enforcement. Methods of the Research: This research employs a normative–juridical method complemented by comparative and philosophical approaches. It analyses statutory provisions, judicial reasoning, and international soft-law instruments—particularly the UNIDROIT Principles of International Commercial Contracts—to explore how discretion and evidentiary reasoning shape enforcement. Results Main Findings of the Research: The findings reveal that Indonesian prosecutors, inheriting a Roman-Dutch legacy, invoke good faith inconsistently due to evidentiary ambiguity and weak pre-contractual standards, while Kazakh prosecutors emphasize formal legality that sidelines moral reasoning. This research contributes to comparative legal philosophy by proposing three reconstructive pillars for prosecutorial reasoning—doctrinal clarity, evidentiary proportionality, and principled discretion—to align substantive justice with fairness-oriented norms.
The Protection of Human Rights in Indonesia and Hungary: Comparative Legal Perspectives Melkias Hetharia; Talabos Dávidné Lukács Nikolet
PATTIMURA Legal Journal Volume 4 Issue 3 December (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.v4i3.25161

Abstract

Introduction: The protection of human rights (HAM) remains a fundamental challenge in contemporary international law, particularly in bridging the gap between international normative standards and their domestic implementation. Despite both Indonesia and Hungary having ratified core international human rights instruments including the ICCPR and ICESCR and enshrining human rights guarantees within their respective constitutions, significant disparities persist between formal legal commitments and the actual effectiveness of rights protection in practice. Purposes of the Research: This study aims to examine how the doctrines and principles of national law in Indonesia and Hungary construct human rights protection within the framework of harmonization with international legal norms, and to analyze the implications of their differing juridical approaches for the effectiveness of constitutional rights protection in law enforcement practice. Methods of the Research: This research employs a normative legal method with comparative and statute approaches. Results Main Findings of the Research: The findings reveal that Indonesia applies a selective incorporation model rooted in Pancasila, producing adaptive yet volatile protection contingent on political dynamics and institutional commitment, whereas Hungary formally adopts a structural integration model within the European supranational framework but has experienced systematic degradation of rights protection through abusive constitutionalism and democratic backsliding. Both cases demonstrate that the effectiveness of constitutional rights protection is not determined by the sophistication of the legal model chosen, but rather by the quality of the democratic ecosystem, the consistency of judicial interpretation, and sustained institutional commitment across all branches of state power. This study contributes a comparative normative framework that enriches human rights law literature with cross-regional analysis between Southeast Asia and Central Europe.
Legal Politics of the Sexual Violence Crimes Act in Indonesia: Political Configuration and Its Relevance to the Fulfillment of Human Rights Riswandha Imawan; Moh. Muhibbin; Ahmad Bastomi; Aji Purnomo; Husni Mubarak
PATTIMURA Legal Journal Volume 5 Issue 1 April (2026): 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.v5i1.24615

Abstract

Introduction: Sexual violence in Indonesia continues to increase, indicating serious challenges in the protection and fulfilment of human rights. Although sexual violence is internationally recognised as a grave violation of human rights under the Rome Statute of 1998, the provisions of the former Criminal Code were inadequate to address its complex and diverse forms, thereby necessitating comprehensive legal reform. Purposes of the Research: This study aims to analyse the legal politics of the Sexual Violence Crimes Act by examining the political configuration underlying its formation and its relevance to the fulfilment of human rights. Methods of the Research: This study uses normative legal research with secondary data based on literature studies and qualitative analysis, combining a legislative and conceptual approach as well as legal policy analysis. Results Main Findings of the Research: The study finds that the Sexual Violence Crimes Act was shaped by a democratic political configuration that enabled strong public participation, resulting in a responsive and victim-oriented legal framework. This research contributes by demonstrating a direct link between political configuration and the law’s effectiveness in fulfilling human rights, positioning the Sexual Violence Crimes Act as a transformative, human rights-based legal reform in Indonesia.
Copyright Protection Reform for Traditional Cultural Expressions: Confirming the Status and Position of Communities Muhammad Fahrial Amrulla; Afifah Kusumadara; Budi Santoso; Yenny Eta Widyanti
PATTIMURA Legal Journal Volume 5 Issue 1 April (2026): 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.v5i1.23348

Abstract

Introduction: Traditional batik motifs are one of the traditional cultural expressions that are the object of intellectual property law protection. The social, cultural, moral, and spiritual values ​​contained in traditional batik motifs are a cultural heritage passed down from generation to generation and are sacred. In Indonesian positive law, protection of traditional cultural expressions is stipulated in the Copyright Law and the Government Regulation on Communal Intellectual Property. Purposes of the Research: This research will focus on the review of copyright protection for traditional cultural expressions held by the state. Furthermore, this study will also discuss the importance of implementing FCIP principles in ensuring the involvement of indigenous communities in decision-making. Methods of the Research: The method used in this study is doctrinal legal research using legislative and conceptual approaches. The collection of legal materials in this study uses a literature study. Results Main Findings of the Research: Copyright protection for traditional cultural expressions is held by the state. However, in its implementation, the concept of protecting traditional cultural expressions held by the state lacks clear regulations regarding its technicalities and mechanisms. The existence of the state as the holder of copyright degrades the ownership status of traditional cultural expressions by communal communities. The minimal participation of communal communities in decision-making also indicates weaknesses in the legal protection of traditional cultural expressionsThe state's guardianship of copyright over traditional cultural expressions has weaknesses and requires reform by changing the protection mechanism to a legal protection manager by strengthening the application of FCIP principles.
Challenges and Strategies in Prosecutorial Asset Tracing for Recovering State Losses from Corruption in Indonesia Ericha Cahyo Maryono; Shinta Hadiyantina; Bambang Sugiri
PATTIMURA Legal Journal Volume 5 Issue 1 April (2026): 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.v5i1.23354

Abstract

Introduction: Corruption constitutes an extraordinary crime that causes substantial and real losses to state finances in Indonesia. Despite existing legal mechanisms for substitute money payment execution as stipulated in Article 18 of the Anti-Corruption Law, recovering state losses from corruption remains a critical and persistent challenge. Prosecutors hold a central role in the asset recovery process, functioning not merely as administrative executors of court decisions but also as strategic actors responsible for tracking, seizing, and auctioning convict assets to recover state financial losses. Purposes of the Research: This research investigates why prosecutors, as primary executors of court decisions under Article 18 of the Anti-Corruption Law, face persistent difficulties and obstacles in effective asset recovery. Methods of the Research: Through normative juridical methodology that focuses on the study of positive legal norms, this research analyzes anti-corruption law, prosecutorial law, and state finance regulations. Results Main Findings of the Research: This study identifies a fundamental gap in the existing legal framework: the lack of explicit and comprehensive legal authorization for follow the money and asset tracing approaches in prosecutorial asset recovery operations. The main findings reveal that the absence of clear legal norms governing these investigative methods significantly undermines the effectiveness of asset recovery from corruption crimes. Empirical obstacles include poor inter-institutional coordination, limited access to financial information and banking data, and absent cross-jurisdictional tracking frameworks that hinder comprehensive asset identification. These structural deficiencies reduce asset recovery efforts to reactive administrative processes rather than proactive strategic investigations. Therefore, the study recommends urgent legislative intervention to formally authorize and comprehensively regulate prosecutorial application of follow the money and asset tracing methods. This legal reform is expected to provide legal certainty, enhance prosecutorial accountability, and strengthen the overall effectiveness and integrity of corruption eradication efforts in Indonesia.
A Philosophical and Comparative Legal Analysis of Amnesty: Lessons from Indonesia and the United States Dwi Novantoro; I Gede Widhiana Suarda; Dominikus Rato; Bayu Dwi Anggono; Dinara F Abdunayimova
PATTIMURA Legal Journal Volume 5 Issue 1 April (2026): 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.v5i1.23893

Abstract

Introduction: Amnesty occupies an uneasy position within contemporary legal systems, situated between the ideals of justice, mercy, and constitutional authority. While often justified as an extraordinary legal response to exceptional circumstances, its application continues to provoke concerns regarding legal certainty, equality before the law, and institutional accountability within modern constitutional democracies. Purposes of the Research: This article seeks to explore the philosophical foundations and legal justification of amnesty through a comparative analysis of its practice in Indonesia and the United States. It aims to examine how differing constitutional traditions conceptualise the legitimacy, limits, and moral implications of amnesty as a legal institution. Methods of the Research: The research adopts a normative legal methodology employing philosophical, statutory, and comparative approaches. Constitutional texts, legal doctrines, and theoretical perspectives are analysed through qualitative legal reasoning in order to assess the normative coherence of amnesty within each legal system. Results Main Findings of the Research: The findings indicate that although both Indonesia and the United States recognise amnesty as an extraordinary legal mechanism, they diverge significantly in terms of constitutional design, institutional safeguards, and moral justification. This article contributes by reframing amnesty not merely as an executive prerogative, but as a legal institution that demands philosophical accountability and constitutional restraint.

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