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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 88 Documents
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State-Owned Enterprises Reform and Dual Office Holding: A Comparative Legal and Governance Analysis of Indonesia and Selected African Countries Shanti Wulandari; Uche Nnawulezi
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.v5i1.24234

Abstract

Introduction: State-Owned Enterprises (SOEs) play a crucial role in national economic development, yet many face inefficiency, political interference, and governance challenges. The dual office holding phenomenon where public officials occupy positions within SOEs often intensifies conflicts of interest and reduces accountability. Reforming SOEs, therefore, becomes essential to balance political influence with corporate autonomy and transparency. Purposes of the Research: This study aims to analyze how Indonesia and selected African countries have undertaken SOE reforms while addressing the problem of dual office holding. It explores the institutional mechanisms, legal frameworks, and political dynamics influencing reform outcomes. The research seeks to provide comparative insights into best practices that promote effective governance and minimize political entanglement. Methods of the Research: The study employs a qualitative comparative approach, utilizing document analysis, policy review, and semi-structured interviews with policymakers and governance experts. By examining legislative reforms, administrative structures, and case examples, the research identifies patterns and differences in SOE governance models. Comparative data from Indonesia and three African nations underpin the analysis of institutional performance. Results Main Findings of the Research: Findings reveal that successful State-Owned Enterprises (SOEs) reforms depend on institutional independence, legal clarity, and enforcement against dual office practices. Indonesia shows progress through regulatory refinement, while African cases highlight persistent political patronage. Comparative analysis suggests that transparency mechanisms and merit-based appointments significantly enhance accountability and efficiency in state enterprise management.
Civil Law Tradition and Access to Justice: A Comparative Legal Politics of Civil Procedure in Indonesia and South Africa Muhammad Fadly Nasution; Jan Alizea Sybelle
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.v5i1.25497

Abstract

Introduction: This article analyzes the comparative civil law tradition and its influence on access to justice through the lens of the Politics of Civil Procedure Law in Indonesia and South Africa. Both countries have a deep colonial history that shapes their judicial structures and litigation procedures to this day. In Indonesia, the use of outdated colonial regulations creates barriers for justice seekers, while in South Africa, hybrid systems face the challenge of massive socio-economic inequality. Purposes of the Research: The purpose of this study is to evaluate the impact of the persistence of colonial inherited civil procedural law on access to justice and to analyze the political direction of civil procedure reform in both countries, particularly related to digitalization and integration of customary law in the modern legal system. Methods of the Research: This research uses normative legal research methods with a comparative approach, a statute approach, and a conceptual approach. Secondary legal materials are analyzed qualitatively to compare policy developments in Indonesia and South Africa. Results Main Findings of the Research: The findings show that Indonesia is still stuck in the HIR/RBg formalism that limits procedural protection, despite modernization efforts through e-Court. In contrast, South Africa has integrated the right of access to justice into the constitution, but faces obstacles on litigation costs. The legal politics of the two countries are now leading to unification and digitalization to overcome access inequality.
The Legal Politics of Restorative Justice in the Criminal Justice System: The Transition from Sectoral Regulation to Integration in the New Criminal Procedure Code Dheny Wahyudhi; Sri Rahayu; Elly Sudarti
PATTIMURA Legal Journal Vol 5 No 2 (2026): August 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.v5i2.25417

Abstract

Introduction: This study examines the declining effectiveness of retributive punishment in reducing crime, highlighting the need for a more humane approach through restorative justice. The current criminal justice system still emphasizes punitive measures, while restorative mechanisms involving affected parties remain limited and fragmented across institutional frameworks. Purposes of the Research: This research aims to (1) identify the regulation of restorative justice within each subsystem of the criminal justice system, and (2) analyze the legal policy direction for resolving criminal cases through restorative justice in the future criminal justice system. Methods of the Research: This study employs a normative juridical method using statutory, conceptual, and case approaches. Legal materials are analyzed systematically to examine the consistency, adequacy, and future direction of restorative justice regulation within the Indonesian criminal justice system. Results Main Findings of the Research: The findings reveal that prior to the new Criminal Procedure Code, restorative justice regulations were fragmented across institutional policies, leading to interpretive inconsistencies. Although recognized in the new Code, its implementation depends on further regulations. This study highlights the urgency of harmonizing legal frameworks to ensure consistent application and achieve substantive justice.
Controlling the Watchdog: Politics-Laws of Parliamentary Intervention on the Constitutional Court in Indonesia and Italy Mukhammad Zidan Nabil; Aan Eko Widiarto; Dhia Al Uyun; Punsara Amarasinghe
PATTIMURA Legal Journal Vol 5 No 2 (2026): August 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.v5i2.25562

Abstract

Introduction: This article examines the problem of legislative encroachment as a subtle form of political intervention that threatens judicial independence in constitutional courts. The issue becomes crucial because constitutional courts function as guardians of the constitution and possess authority to invalidate parliamentary legislation. Indonesia and Italy provide relevant comparative cases due to their civil law tradition and parliamentary involvement in appointing constitutional judges. Purposes of the Research: The purpose of this study is to analyze the forms and mechanisms of parliamentary intervention over constitutional court judges in Indonesia and Italy, both normatively and in practice. This research also aims to identify political-legal factors that encourage such interference. Furthermore, it seeks to formulate an ideal model of constitutional safeguards to limit parliamentary power while maintaining judicial accountability. Methods of the Research: This study employs normative legal research with statutory and constitutional analysis. It uses comparative and conceptual approaches by comparing Indonesian and Italian constitutional court frameworks and examining concepts of judicial independence, legislative encroachment, and constitutional safeguards. Legal materials include primary constitutional norms, secondary scholarly works, and tertiary legal references. Results Main Findings of the Research: The novelty of this study lies in the identification of two different patterns of legislative encroachment, 'active threats' (Indonesia) manifested through the politicization of selection and reactive legislative reforms, versus 'passive threats' (Italy) manifested through institutional deadlock and lottizzazione practices, which are influenced by political coalition configurations and procedural design of selection. The proposed safeguard model is not only normative, but also integrates the principles of bounded accountability and self-binding to address structural vulnerabilities. The conclusions of the main findings show that the legislative pattern of encroachment in Indonesia tends to be active (politicization of selection, reactive legislative modification), while in Italy it is passive (institutional impasse, lottizzazione), both of which are influenced by domestic political dynamics and procedural design.
Formulating a Responsive Regulatory Architecture for Artificial Intelligence Misuse: A Comparative Legal Politics Study of Indonesia and the Netherlands St. Muslimah Suciati; Idris Saputra; La Ode Muhammad Saleh Saputra; Wahyu Aliansa; Gerrit Henk Addink
PATTIMURA Legal Journal Vol 5 No 2 (2026): August 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.v5i2.25563

Abstract

Introduction: The rapid development of Artificial Intelligence (AI) has created complex legal challenges involving privacy, reputation, accountability, digital evidence, and legal certainty. Indonesia and the Netherlands provide relevant comparative contexts because both are rooted in civil law traditions but demonstrate different approaches to AI governance. Purposes of the Research: This study aims to analyze the legal politics and regulatory configuration governing AI misuse in Indonesia and the Netherlands, identify Indonesia’s regulatory gaps, and formulate a context-specific reform model based on relevant Dutch practices. Methods of the Research: This study employs normative legal research using comparative and conceptual approaches. Primary legal materials include Indonesian legislation, the EU Artificial Intelligence Act, the General Data Protection Regulation, Dutch criminal law, and relevant jurisprudence. The materials are analyzed qualitatively through deductive and prescriptive-comparative reasoning using legal politics, responsive law, risk-based regulation, and human-centric AI governance as analytical frameworks. Results Main Findings of the Research: The findings indicate that Indonesia has a predominantly development-oriented and fragmented regulatory configuration, relying on general and sectoral instruments, while the Netherlands demonstrates a more rights-centred, risk-based, and institutionally coordinated framework. Three gaps are identified in Indonesia: substantive AI-specific norms, institutional oversight, and procedural mechanisms for AI-related evidence and enforcement. This study proposes a Three-Tier Regulatory Architecture comprising AI-specific legislation as a substantive lex specialis, an AI supervisory authority, and adaptive enforcement and evidentiary mechanisms. The model provides a pathway for shifting Indonesia from reactive regulation toward responsive and anticipatory AI governance while maintaining legal certainty, rights protection, and regulatory proportionality.
Reconfiguring Judicial Oversight and Judicial Independence: A Comparative Legal-Political Study of Indonesia and Türkiye Dhoni Martien; Yuliana Setiadi; Necmeddin Güney
PATTIMURA Legal Journal Vol 5 No 2 (2026): August 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.v5i2.25569

Abstract

Introduction: Judicial oversight is essential to maintaining judicial accountability while protecting judicial independence. However, institutional arrangements may create tensions when external supervision is constitutionally restricted or when oversight powers are concentrated within institutions subject to political influence. Purposes of the Research: This article examines the reconfiguration of judicial oversight in Indonesia and Türkiye and analyzes how constitutional and institutional changes have affected the balance between judicial independence and accountability. Methods of the Research: The study employs normative legal research using comparative, statutory, and conceptual approaches. It analyzes constitutional provisions, legislation, judicial decisions, and institutional arrangements concerning judicial appointments, discipline, and judicial oversight in both jurisdictions. Results Main Findings of the Research: The comparison identifies two distinct institutional pathways. In Indonesia, constitutional adjudication has progressively constrained the external supervisory role of the Judicial Commission, contributing to fragmented judicial accountability and strengthening internal judicial management. In Türkiye, particularly following the 2017 constitutional amendments, the restructuring of the Council of Judges and Prosecutors has concentrated judicial appointment, disciplinary, and career-related powers within a centralized framework characterized by substantial political involvement. These developments demonstrate that weaknesses in judicial accountability may arise through different institutional mechanisms: fragmentation of external oversight and centralization of oversight under politically influenced arrangements. This study contributes to comparative judicial-governance scholarship by distinguishing institutional fragmentation and oversight centralization as two pathways through which judicial accountability may be weakened. It suggests that effective judicial governance requires independent oversight institutions, clearly defined jurisdiction, transparent procedures, and safeguards against both judicial self-insulation and political interference.
Parents' Digital Literacy Strategies in Preventing Promiscuity of Alpha Generation in the Digital Era Fatin Hamamah; Enur Djauhar Nurfajriyah; Ade Setiadi
PATTIMURA Legal Journal Vol 5 No 2 (2026): August 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.v5i2.26550

Abstract

Introduction: The rapid integration of digital technologies into children’s everyday lives has created new opportunities as well as risks, including exposure to inappropriate sexual content, online grooming, and harmful interactions. Parental digital literacy is therefore increasingly important for supporting children’s safety in digital environments. Purposes of the Research: This study examines parental digital literacy strategies for addressing online risks among Generation Alpha and analyses the extent to which Indonesia’s child-protection framework supports parental and family-level digital safety practices. Methods of the Research: This socio-legal study combines normative legal analysis with empirical research conducted in Cirebon City, Indonesia. Primary data were collected through structured interviews with 20 key informants and questionnaires involving 100 parents of children aged 6–14 years, selected through purposive sampling. The data were analysed using qualitative descriptive analysis and descriptive statistics, supported by source and method triangulation. Results Main Findings of the Research: The findings indicate substantial disparities in parental digital literacy, particularly in digital safety. Five strategies were identified: technical mediation, active mediation, restrictive mediation, digital modelling, and co-digital literacy. The findings further suggest that parental practices combining technical safeguards with open communication and adaptive monitoring provide a more comprehensive approach to managing children’s online risks. The legal analysis indicates gaps between existing child-protection mandates and the preventive responsibilities of digital platforms. Conclusion: Effective child protection in digital environments requires an integrated approach combining parental digital literacy, child-sensitive communication, adaptive supervision, and stronger institutional responsibilities for digital platforms.
Implementing Living Law under Indonesia’s New Criminal Code: Legal-Political Implications for the National Criminal Justice System Sarip Hidayat; Suwari Akhmaddhian; Erga Yuhandra; Lam Thanh Danh
PATTIMURA Legal Journal Vol 5 No 2 (2026): August 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.v5i2.26954

Abstract

Introduction: The recognition of living law in Article 2 of Law Number 1 of 2023 on the Criminal Code represents a significant transformation in Indonesia’s criminal law, particularly in reconciling statutory legality with customary norms that remain operative within local communities. However, the incorporation of unwritten norms into criminal adjudication raises concerns regarding legal certainty, equality before the law, and consistency in judicial application. Purposes of the Research: This study examines the legal-political framework governing the recognition and implementation of living law under Indonesia’s new Criminal Code and analyzes its implications for the relationship between customary and state criminal law. Methods of the Research: This study employs a socio-legal approach combining normative legal analysis with empirical examination of the application of customary norms. Statutory, conceptual, and case approaches are used to examine the legal basis, limitations, and judicial application of living law. Results Main Findings of the Research: The study finds that the recognition of living law constitutes a controlled form of legal pluralism rather than an unrestricted delegation of criminal lawmaking to customary communities. Its validity is subject to constitutional values, Pancasila, human rights, and generally recognized principles of law. The principal challenge lies in determining whether a customary norm genuinely constitutes living law and in ensuring consistent standards for its identification, verification, and judicial application. The study therefore argues for an institutional mechanism that integrates customary-law recognition with formal state procedures while preserving substantive justice and legal certainty.

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