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Muchtar A H Labetubun
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Program Pascasarjana Universitas Pattimura, Kampus Unpatti, Jalan. Ir. M. Putuhena, Ambon, Maluku 97233, Indonesia
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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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Political Interests Versus the Supremacy of Law: A Critical Review of Constitutional Law Regarding the Abolition of Tom Lembong and Amnesty for Hasto Kristiyanto Amin, Fakhry; Ezzerouali, Souad Ahmed
PATTIMURA Legal Journal Vol 4 No 3 (2025): 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 Tantaru, Fernando; Soplantila, Valentino Dinatra
PATTIMURA Legal Journal Vol 4 No 3 (2025): 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 Suwandi, Nur Ainy Amira Puspitaning; Aida, Lutfi Nur; Suarda, I Gede Widhiana; Ohoiwutun, Y A Triana; Kapanadze, Maia
PATTIMURA Legal Journal Vol 4 No 3 (2025): 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 Kariawan, I Ketut Dody Arta; Majid, Abdul; Aprilianda, Nurini; Afandi, Fachrizal; Ezenduka, Uzodinma Yurriens
PATTIMURA Legal Journal Vol 4 No 3 (2025): 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 Mardiana, Yuvita Tri; Setyawan, Fendi; Amrullah, Muhammad Arief; Yunita, Ayu Herlin Norma; Turekulova, Dametken Medikhanovna
PATTIMURA Legal Journal Vol 4 No 3 (2025): 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.

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