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Bacarita Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27759407     DOI : 10.30598/bacarita
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BACARITA LAW JOURNAL Adalah jurnal Yang Diterbitkan Oleh Program Studi Hukum, Program Studi Diluar Kampus Utama (PSDKU) Universitas Pattimura di Kepulauan Aru, Dua Kali Setahun Pada Bulan April Dan November. Tujuan Jurnal Ini Adalah Untuk Menyediakan Tempat Bagi Akademisi, Peneliti Dan Praktisi Untuk Menerbitkan Artikel Penelitian Asli Atau Artikel Ulasan. Jurnal Ini Menyediakan Akses Terbuka Langsung Ke Kontennya Dengan Prinsip Bahwa Membuat Penelitian Tersedia Secara Bebas Untuk Mendukung Pertukaran Pengetahuan Global Yang Lebih Besar. BACARITA LAW Tersedia Dalam Versi Cetak Dan Online. Bahasa Yang Digunakan Dalam Jurnal Ini Adalah Bahasa Indonesia Dan Bahasa Inggris. Ruang Lingkup Artikel Yang Diterbitkan Dalam Jurnal Ini Membahas Berbagai Topik Ilmu Hukum Khususnya Berkaitan Dengan Hukum Keperdataan, Hukum Pidana, Hukum Tata Negara/Administrasi Negara, Dan Hukum Internasional
Arjuna Subject : Ilmu Sosial - Hukum
Articles 107 Documents
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Tindak Pidana Penyerobotan Tanah Marjan, Muh Efendi; Toule, Elsa Rina Maya; Latupeirissa, Julianus Edwin
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.10353

Abstract

This study aims to find out: what are the material elements of land grabbing that can be punished, and what are the judges'juridical considerations of criminal acts of land grabbing. Normative Juridical Research Research. Legal research is conducted to find solutions to legal issues that arise, primary data and secondary data are analyzed descriptively. This research is directed to be able to study and analyze whether land grabbing can be criminalized or not, analyze and explain the application of criminal law to criminal acts of land grabbing. The results showed that the judge who examined and tried the case with register number 225/Pid.B/2015/PN.Kla stated that the defendant was proven to have committed the act as charged by the first and second charges, but the panel of judges decided to release the defendant from all charges. law because the actions committed by the defendant are not a crime (onslag van recht vervolging). The Judge considered that the indictment submitted by the Public Prosecutor at the trial was in accordance with the actions of the defendant, but based on the results of the trial facts the Panel of Judges who examined and tried the case with register number 225/Pid.B/2015/PN.Kla did not find any action crime from the defendant's actions during the evidentiary process.
Penegakan Hukum Terhadap Kejahatan Penyebaran Konten Porno Balas Dendam (Revenge Porn) Salmon, Harly Clifford Jonas
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.10780

Abstract

The dissemination of pornography is regulated by the pornography law, and the offense of decency is regulated in the Criminal Code. Articles 281, 282, 283, 532, and 533 of the Criminal Code prohibit pornography and pornographic acts and provide punishment. The Law Number 19 of 2016 specifically regulates decency in the electronic field, amending the Law Number 11 of 2008 concerning Electronic Information and Transactions. Komnas Perempuan reported an increase in gender-based violence on the internet, specifically revenge porn, with cases increasing from 126 in 2019 to 510 in 2020. Law enforcement efforts against perpetrators of revenge pornographic content on social media include preventive and repressive measures.
Kesadaran Hukum Masyarakat Pesisir Terhadap Pengelolaan Lingkungan di Desa Bukit Samang Kecamatan Sendana Baharuddin, Wahdaniah; Dyastuti, Risqi Mumpuni
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.10948

Abstract

Environmental problems involve all components of the country and all elements of Indonesian society and even become rights and obligations, as regulated in Law Number 32 of 2009 concerning Environmental Protection and Management. Community participation, especially houses living in coastal areas, is very necessary in preparing plans for environmental management in the region. However, based on observations made by the author, the environmental conditions in the coastal area of ​​Bukit Samang, Sendana District, Majene Regency are included in the category of areas that are less clean. Traders who sell young coconuts along the beach still throw rubbish carelessly, potentially damaging the environment and polluting the coastal area. This research aims to determine the legal awareness of coastal communities regarding environmental management in Bukit Samang Village, Sendana District. This research is normative legal research. The approach is taken by reviewing literature or literature studies and directly observing conditions in the field related to the problem to be researched. The sources of legal materials used are primary and secondary legal materials which are then interpreted and analyzed qualitatively. Results of the research, this shows that The coastal area in Bukit Samang, Sendana District, Majene Regency is included in the category of areas that are less clean. This is characterized by a lack of legal awareness among the public or traders selling young coconuts along the coast who still throw rubbish carelessly which has the potential to damage the environment and pollute the coastal area. This is due to the government's unequal attention to areas far from the center of government, such as equal distribution of rubbish bins, in addition to providing sanctions that are only administrative in nature and do not have a deterrent effect on violators of space use.
Kewenangan Polisi Perairan Dan Udara Di Wilayah Perairan Kabupaten Kepulauan Aru Soenarjo, Raimondo Delly Jones; Pietersz, Jemmy Jefry; Mustamu, Julista
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.9338

Abstract

It is necessary to carry out the authority of law enforcement in the seas and waters of Indonesia, especially in the Aru Islands Regency. This is considered important because the territorial waters of the Aru Archipelago Regency are cross-shipping and various crimes often occur, namely illegal fishing and illegal logging. This is a challenge for the regional government and even law enforcement for the Air and Water Police Unit. The purpose of this paper is to know and analyze the regulations regarding law enforcement in the territorial waters of the Aru Islands Regency and the authority of the Water Police in law enforcement in the Aru Islands Regency Territorial Waters. This research method uses a normative type of research using a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials. The results showed that in law enforcement arrangements in the waters there is often overlap in the main tasks and functions of each law enforcement apparatus at sea. However, regulation of law enforcement in the territorial waters of the Aru Islands Regency is a must in maintaining the integrity of the national defense and especially for the welfare of the community in a sustainable manner, considering that the marine and fishery resources in the marine area of ​​the Aru Islands Regency have high economic value. so that the authority of the Satpolair as the executor of the preventive and repressive functions of the police in law enforcement in the territorial waters carries out water patrols and takes action against violations that occur in the territorial waters. However, there are still several law enforcement mechanisms that need coordination between related agencies so that law enforcement can be carried out in accordance with the applicable mechanism.
Kewenangan Bawaslu Dalam Penyelesaian Pelanggaran Administrasi Pemilu Ririhena, Micael
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.10921

Abstract

Elections are an important element of democracy. The centrality of electoral positions is their ability to distinguish between democratic and non-democratic political systems. It's just that the ideal of realizing a better election until the 5th election in the 2019 Election Reform era has not yet been realized. Various problems and obstacles in the implementation of elections both during the election and before are problems that will certainly have a broad impact if not immediately resolved properly. There are problems in the administration of elections related to dissatisfaction with the decisions of election administrators or criminal or administrative violations that affect the results, which are commonly referred to as election disputes. Disputes in the administration of elections are violations of election administration or dissatisfaction with the decisions of election administrators. Therefore, to cause the election disputes not to interfere with running the constitutional system or government system of a particular country or region, an effective election dispute resolution mechanism is needed and can provide fair decisions for interested parties.
Penghentian Penyidikan Tindak Pidana Pembunuhan Dalam Kaitan Dengan Pembelaan Terpaksa Azis, Abdul; Hehanussa, Deassy Jacomina Anthoneta; Supusepa, Remon
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.11990

Abstract

Forced defense (noodweer) is an act of defending oneself in a situation of pressure for an attack. In other words, in an act of self-defense, someone has received an unexpected or unknown attack. Any person who commits an act of forced defense for himself or another person, his own or another person's honor, morals or property, because there is an attack or threat at that time which is against the law, against himself or another person, against his own honor or morals or property. nor anyone else. The aim of this research is to examine and analyze the basis for terminating investigations into criminal acts of murder in relation to forced defense. And the termination of the investigation into the crime of murder in connection with the forced defense was in accordance with applicable procedures. 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. The results of the research show that the basis for terminating an investigation into a criminal act of murder in connection with forced defense is Article 49 paragraph (1) of the Criminal Code (KUHP), whoever commits an act of forced defense for himself or for another person, honor, morality or property. own or other people's property, because there is an attack or threat at that time which is against the law, against oneself or another person, against the honor of morality or one's own or another person's property. However, not all law enforcement officers have the authority to provide assessments in relation to Forced Defense (Noodweer), the law enforcement officers who have the authority to decide whether a criminal act of murder can be stopped in relation to forced defense are the Prosecutor at the prosecution stage and the Judge at the trial stage. And the termination of the investigation into criminal acts of murder in connection with the defense is forced to include cases that are in accordance with procedures, and there are also cases that are not in accordance with procedures.
Putusan Pengadilan Negeri Dobo Terhadap Tindak Pidana Pemilu Elia Rumangun, Johan Pieter; Wadjo, Hadibah Zachra; Patiasina, Pieter H
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12176

Abstract

In its development, general election crimes in Indonesia have experienced many changes, both in the form of increasing types of criminal acts and differences in the addition of criminal sanctions. This is because every day, election crimes are becoming a very serious concern because the measure of a democratic country's success is seen from its success in holding elections. The aim of this research is to examine and analyze the basic considerations of Dobo District Court judges in imposing fines on perpetrators of criminal acts, and the Dobo District Court Decision Number 60/Pid.Sus/2020/PN.Dob can have a deterrent effect on defendants who commit election crimes. 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. The research results show that the basis for the judge's consideration in imposing a fine in court decision Number 60/Pid.Sus/2020/PN Dob is because the judge considers both juridical and non-juridical considerations. Juridically, the defendant's actions could harm other people, while non-juridically, the defendant was cooperative and polite, thereby making the trial run smoothly and the defendant has never been punished. all of which cannot be separated from the indictments and demands filed by the public prosecutor with a single charge of election crimes. And in the decision of the Dobo District Court Number 60/Pid.Sus/2020/PN.Dob it does not have a deterrent effect on defendants who commit election crimes because fines can only be felt by poor people, but in essence these fines do not applies to the perpetrator in this case because the perpetrator of the election crime is the Chairman of the Aru Islands Regency DPRD who of course is economically capable of carrying out a fine, therefore the fine expected in this decision does not have a deterrent effect.
Implementasi Undang-Undang Kesehatan: Implikasi Terhadap Kesejahteraan Masyarakat Dan Perspektif Tenaga Kesehatan Di Indonesia Agustin, Ruli; Syahuri, Taufiqurrohman
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12362

Abstract

The amendments made to the Health Law Number 17 of 2023 represent Indonesia's commitment to enhancing the welfare of its citizens, particularly in the field of healthcare. A key aspect of this law is to provide broader and more equitable access to higher quality healthcare services for all Indonesian citizens, addressing the shortcomings of previous healthcare legislations. This study aims to analyze the controversies within the healthcare law, examining their impact on societal well-being and assessing the law's implementation within the framework of national development. Employing a juridical-normative research method using a statutory approach, the findings of this research indicate that the amendments introduced in the Health Law Number 17 of 2023, despite creating controversies within the healthcare sector, are aimed at ensuring widespread and equitable access to healthcare services and improving their quality in Indonesia. Hence, the nation's goal of providing welfare in the healthcare sector indirectly relies on the concurrent operation of existing laws, implementation of regulations, and public compliance awareness.
Analisis Hukum Pengadaan Tanah Untuk Kepentingan Investasi Pembangunan Rempang Eco-City Ananda, Salsabila Qudsy; Sadino, Sadino
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12732

Abstract

This study is analyzing the aspect of the land release law for the development of Rempang eco city's With a focus on investment interests. Improved land release for development purposes In Indonesia, especially for investments, often brings legal implications, which cause A conflict between affected governments and communities. The study undermines mechanism Land development in the eco-friendly city of pang and review the ways of compensatio In the liberation of land in the region. By using a qualitative approach, research It USES descriptive analysis to outline the procedural grooves, plus the analysis Qualitative to interpret compensation procedures. An in-depth interview with IC Stakeholders, including pt prospered direly graha, bp batam, and indigenous communities that Affected, as well as participative observations, provide comprehensive insights. Source triangulation Data increases reliability and validity of discovery. These studies contribute to that understanding The complexity of the law surrounding land liberation for investment and offering a foundation For further research in this field.
Akibat Hukum Apabila Pekerja Outsourcing Tidak Mendapatkan Perlindungan Hukum Haurissa, Yeheskel; Salmon, Hendrik; Pattipawae, Dezonda Rosiana
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12745

Abstract

Legal protection for outsourced workers or workers is very necessary considering that the position of workers or laborers is in a lower or weaker position. Protection of workers or laborers is intended to guarantee the fulfillment of workers' basic rights and guarantee equality of opportunity and non-discriminatory treatment on any basis to create prosperity for workers or laborers. The purpose of this research is to examine and analyze the legal consequences if outsourced workers do not receive legal protection. The research method used is normative juridical research, namely research in the field of law which aims to examine legal principles, legal rules and legal systems. The legal materials used are primary legal materials and secondary legal materials. The problem approaches used in this research are the statutory approach and the conceptual approach. The research results show that the weaknesses contained in providing protection to workers/laborers or outsourced workers who work with the PKWT system include, among others, weaknesses in the legal substance; Weaknesses related to employment agreements; Weaknesses of Companies Providing Outsourced Workers/Labor Services. Legal consequences if outsourced workers do not receive legal protection: 1) The flexibility of outsourcing can trigger the practice of modern slavery; 2) Decreasing long-term job security and the number of permanent workers; 3) Vulnerability of workers' guarantees and rights.

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