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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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Pertanggungjawaban Orang Tua Akibat Transaksi Pembelian Secara E-Commerce Yang Dilakukan Oleh Anak Dibawah Umur Panjaitan, Wijaya Natalia
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.v4i2.12835

Abstract

E-commerce purchase transactions by minors children are often carried out because of the facility of access to technology that is not supervised by parents or occurs due to the negligence of parents. The purpose of this research is to analyze how the responsibility of parents due to e-commerce purchase transactions made by minors. The research method used in this research is normative juridical by analyzing and reviewing legal sources based on literature such as applicable laws, law books and journal articles. The results of the research state that e-commerce purchase transactions made by minors are invalid because they violate the subjective conditions in Article 1320 of the Civil Code and all legal consequences caused are the parents' responsibility.
Putusan Pengadilan Hubungan Industrial pada Pengadilan Negeri Jakarta Pusat di Masa Pandemi COVID-19 Sinaga, Haposan Sahala Raja; Tobing, Gindo L
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.v4i2.12855

Abstract

This research legally analyzes the Industrial Relations Court Decision at the Central Jakarta District Court in Central Jakarta during the COVID-19 Pandemic. The issues that will be examined are reasons for filing a lawsuit for an industrial relations dispute that occurred during the COVID-19 pandemic and the judge's legal considerations in the Industrial Relations Court Decision at the Central Jakarta District Court Number 220/Pdt.Sus-PHI/2021/PN. Jkt.Pst. The research method is based on normative juridical legal research methods with a case approach of the Industrial Relations Court Decision at the Central Jakarta District Court Number 220/Pdt.Sus-PHI/2021/PN. Jkt.Pst Results of the Research: First, the reason for filing a lawsuit for an industrial relations dispute that occurred during the COVID-19 pandemic is seen from the Decision of the Industrial Relations Court at the Central Jakarta District Court with case number 220/Pdt.Sus-PHI/2021/PN.Jkt.Pst dated December 6 2021 is the occurrence of rights disputes and termination of employment due to force majeure conditions, namely the COVID-19 pandemic situation which is based on the issuance of Presidential Decree Number 12 of 2020 concerning the Determination of Non-natural Disasters. The Spread of Corona Virus Disease 2019 as a National Disaster. limiting business activities results in losses for business actors. Second, legal considerations in granting termination of employment based on the efficiency of the COVID-19 Pandemic (force majeure), based on the arguments of the Plaintiff's lawsuit along with evidence and witnesses of the Parties linked to the provisions of Article 45 paragraph (2) of Government Regulation Number 35 of 2021, so that the Panel of Judges assessed is legally grounded, therefore, based on justice and propriety, it is stated that the working relationship between the Plaintiff and the Defendant is terminated due to the efficiency reasons of the COVID-19 Pandemic (Force Majeure).
Kekuatan Hukum Non Disclosure Agreement Dalam Mencegah Bocornya Confidential Information Perusahaan Nabila, Syadzwina Hindun
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.v4i2.12887

Abstract

Non Disclosure Agreement is a confidentiality agreement whose participants are companies with their employees or with other people or other companies where the Non Disclosure Agreement becomes very important because it concerns the confidentiality of information from a company. With this Non Disclosure Agreement, it is anticipated that it will reduce the violation of confidential information of the company. This research uses a normative juridical approach method, with specifications that are descriptive analytical. The data used are secondary data obtained from literature studies.. The results of this study indicate that the Non Disclosure Agreement has legal validity because it provides legal protection to people who release confidential information to other parties. Non Disclosure Agreement is also a guarantee or as evidence to claim its rights if in the future there is a violation of the provisions outlined in the Non Disclosure Agreement.
The Perlindungan Notaris Terhadap Keterangan Yang Diberikan Pada Persidangan Tata Usaha Negara Yang Tidak Mengaplikasikan Hak Ingkar Dalam Persidangan Sihite, Sri Rumada
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.v4i2.12938

Abstract

Notaries in carrying out their duties regarding deeds, agreements, and stipulations that must be required by statutory regulations and or desired are required to keep the deeds they have made confidential by the parties. Notary confidentiality that must be upheld can also be confidentiality, namely the confidentiality of professional ethics. Which states that the notary is obliged to keep secret all legal actions outlined in the contents of the deed and all information given to the Notary in the deed. The emergence of a lawsuit that was tried in the verdict 13/G/2018/PTUN-TPI, the author is interested in seeing how the notary's protection of the deed he made and how the legal remedies and legal consequences made by the panel of state administrative judges in the right of denial played by the notary in the state administrative trial. The research was conducted in a normative juridical manner. Using secondary literature data to research rules and norms. The conclusion obtained is that the protection of notaries against information given at the state administrative trial that does not apply the right of denial in the trial is certainly related to legal certainty for notaries whose rights are tried to file objections accompanied by reasons against a judge who tries the case. When referring to Article 52 of the Code of Criminal Procedure, which states the right of denial, the accused can submit a mitigating witness or commonly referred to as an Ade charge witness. An oath or promise intended for the notary profession which is carried out on the show of the laws and regulations themselves. The panel of State Administrative Judges held that the approval of the examination of Notary Anly Cenggana SH., through the object of the dispute a quo was contrary to the general principles of good governance, especially the principle of legal certainty and the principle of fair play.
Kewenangan Desa Dalam Pengelolaan Pariwisata Untuk Mendukung Peningkatan Pendapatan Desa Maladi, Rossi Filia; Firdausy, Adriana Grahani; Madalina, Maria
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.v4i2.12957

Abstract

Village development is an important aspect in the development of the Indonesian Nation. One sector that can be utilized for village development is tourism. Village has the authority to develop its tourism as a form of managing the potential of the village. Village tourism in the process of its development is inseparable from obstacles such as low human resources, conflicts between villagers in the development of village tourism, etc. This research discusses how the authority of Kemuning Village in tourism management to support the enhancement of Kemuning Village's original income and what obstacles the Kemuning village government experiences in managing the village's tourism potential to support village income. This research is a type of empirical legal research with a descriptive research style and a qualitative approach. The data collection techniques used are field research and literature study. Based on this research, Kemuning Village has already executed some of its authorities in tourism management to support the increase of village income, but there are also some authorities that have not been executed by the Kemuning Village government. The obstacles experienced by the Kemuning Village government in managing tourism potential to support village income are the lack of people who understand and can utilize the potential of the tourism sector, the lack of coordination between the Kemuning Village Government and the Karanganyar Regency Government, the implementation of BUM Desa that is not yet optimal, and the absence of village regulations related to tourism management and levies on tourist business services.
Optimalisasi Peran Lembaga Perlindungan Saksi dan Korban Dalam Memfasilitasi Pemberian Kompensasi Terhadap Korban Terorisme Ratri, Adinda Kusumanig; Wahyudi, Slamet Tri
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (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.v5i1.12973

Abstract

This research aims to examine the role of the Witness and Victim Protection Agency (LPSK) as a facilitator in providing compensation for victims of terrorism and to analyze the implementation of compensation for victims of terrorism. This research is motivated by the fact that LPSK has not been optimal in exercising its authority as a facilitator in providing compensation to victims of terrorism. The research method used is normative juridical through statute approach, namely Terrorism Law and Victim Witness Protection Law and conceptual approach. The novelty in this research is to complement the studies conducted in previous studies that analyzed using Law Number 5 of 2018 concerning Eradication of the Crime of Theorism, in this study comparing the Terrorism Law with Law Number 31 of 2014 concerning Witness and Victim Protection. As well as examining the provision of compensation to Victims of Past Terrorism (KTML). Based on the results of the research, it is concluded that LPSK has not been optimal in exercising its authority as a facilitator of compensation for victims of terrorism. However, LPSK has a breakthrough mechanism.
Human Rights and Constitutional Sovereignty in The Context of The Struggle for Legal Justice Diharjo, Nugroho Noto; Muhtar, Mohamad Hidayat; Rahim, Erman I; Rachman, Sri Nurnaningsih; Saija, Vica Jillyan Edsti; Lubis, Arief Fahmi
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.v4i2.12985

Abstract

The universal protection of human rights rests on a set of basic concepts known as human rights. This research aims to analyze (1) How does the low level of constitutional awareness among Indonesian society affect the implementation of human rights (HAM) and constitutional sovereignty in real practice? and (2) What is the impact of the lack of citizenship education on understanding constitutional rights and responsibilities as citizens towards realizing the goals of social justice mandated by the Indonesian constitution?. The research method used in this research is normative legal research with a descriptive analytical approach. The research results show that low constitutional awareness has a serious impact on the implementation of Human Rights and the sovereignty of a country's constitution. Citizenship education is likened to a rail or means that guides citizens to become good citizens. Increasing constitutional awareness and citizenship education are expected to support the struggle for legal justice in Indonesia. It is hoped that a society that is more aware of the constitution can play an active role in protecting and fighting for human rights (HAM), as well as supporting constitutional sovereignty to achieve the goals of social justice.
Penerapan Diversi Tindak Pidana Anak Dalam Penggunaan Senjata Tajam Istiqomah, Mila; Sihombing, L Alfies; Rianto, Astim
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (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.v5i1.13111

Abstract

Article 7 paragraph (2) of the SPPA Law limits the implementation of diversion only to criminal acts which are punishable by a sentence of less than seven years, so that criminal acts which are punishable by more than seven years cannot be attempted. This article discusses the application of diversion at the investigation, prosecution and evidentiary stages and the judge's considerations in Decision Number: 15/pid.sus.anak/2021/PN.BGR in the case of possession of sharp weapons. The author uses normative juridical research methods. The results of this research conclude that diversion must be carried out during the investigation, prosecution and evidence stages in court. The judge was of the opinion that in this case diversion could not be applied considering that the child was charged under Article 2 paragraph 1 of the Emergency Law of the Republic of Indonesia no. 12 of 1951 with a penalty of 10 years in prison, so that child offenders cannot be diverted. The conditions for diversion limit implementation, so that if the perpetrator and victim agree to reconcile, diversion cannot still be carried out. Therefore, it is necessary to have provisions that can give authority to Law Enforcement Officials to carry out diversion based on an objective assessment and agreement between the parties, even though this case is punishable by a sentence of more than 7 years in prison.
Penegakan Hukum Tindak Pidana Perdagangan Orang Di Wilayah Hukum Polresta Pulau Ambon Dan Pulau-Pulau Lease Ibrahim, Driyano Andri; Toule, Elsa Rima Maya; Wadjo, Hadibah Zahra
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (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.v5i1.13189

Abstract

TPPO cases that have occurred in the last 3 years in the jurisdiction of the Ambon Island Police and Lease Islands have increased. In 2021 there will be 3 cases, in 2022 there will be 5 cases, and in 2023 there will be 6 cases. On average, TPPO victims handled from 2021 to 2023 came from Maluku and outside Maluku. Various efforts have been made by the Ambon Island and Lease Island Police, including through law enforcement by applying strict criminal sanctions to perpetrators as regulated in Law no. 21 of 2007 for handling TPPO in its jurisdiction. This research uses an empirical juridical research method which is descriptive analysis, with data obtained through literature study and interviews, then the data is analyzed qualitatively to obtain legal certainty regarding law enforcement of criminal acts of human trafficking in the jurisdiction of the Ambon Island and Lease Island Police. Based on the research results, it was found that TPPO cases that occurred in the jurisdiction of the Ambon Island Police and Lease Islands were caused by several factors, including economic factors, lack of attention from the family, the lure of jobs with high salaries, and current lifestyle competition. This problem is used by perpetrators to recruit victims to gain profit. The victims were from Maluku and outside Maluku. There are those who are employed in karaoke rooms in Ambon City and there are also those who are used as prostitutes who are ordered online via the Michat application. In order to deal with this crime, the Ambon Island and Lease Island Police took law enforcement action against the perpetrators of TPPO. However, law enforcement is influenced by 2 factors, namely internal and external factors. Furthermore, enforcement of the TPPO law at the Ambon Island and Lease Island Police was carried out in the form of repressive measures so that 14 cases from 2021, 2022 and 2023 were all escalated to court. This repressive action is carried out as a last resort in enforcing criminal law (ultimum remedium) with the aim of providing a deterrent effect to perpetrators and suppressing the rate of increase in TPPO cases in the future as well as realizing legal certainty, benefit and justice.
Mechanism Mekanisme dan Tahapan Penanganan Perkara Perselisihan Hasil Pemilu Presiden dan Wakil Presiden Tahun 2024 Sony, Edy
Bacarita Law Journal Vol 5 No 1 (2024): Agustus (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.v5i1.13398

Abstract

The Presidential and Vice Presidential Elections in Indonesia is a crucial moment in the nation's democratic life. However, in the process, disputes and dissatisfaction with the election results announced by the General Election Commission (KPU) often arise. If not handled properly, this dissatisfaction can threaten political stability and public trust in the democratic system. Therefore, an effective and transparent mechanism for resolving election disputes is crucial to maintain the integrity of the democratic process in Indonesia. The research to conduct an in-depth analysis of the mechanisms and stages of resolving disputes over the results of the Presidential and Vice Presidential elections in Indonesia in 2024, and to assess the impact of the mechanism for resolving election disputes on political electability and public trust. The research method used is normative legal research. Normative legal research studies how legal norms function. The data collection method used is literature review. This study utilizes secondary data obtained from various literature and regulations related to the issues under investigation. The research findings indicate that the mechanisms and stages of resolving election disputes in Indonesia are detailed in the legislation. The level of public trust in the Constitutional Court as the institution for resolving disputes is relatively high, but concerns exist regarding the independence and transparency of the process. There is a need for stricter oversight of the dispute resolution process to ensure that each step is carried out in accordance with applicable regulations. Thus, it is hoped that the mechanism for resolving election disputes in Indonesia can operate more effectively and be trusted by all parties involved.

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