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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 106 Documents
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Anak Sebagai Pelaku Tindak Pidana Kesusilaan Dalam Prespektiff Kriminologi Pieter, Salvadoris; Utami, Gusti Ayu
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.v5i1.14913

Abstract

This research aims to determine and analyze the factors that cause moral crimes committed by children along with efforts to overcome them. This type of research is empirical legal research. The research results show that the most potential factors that can cause children to become perpetrators of crimes of decency or sexual violence are 1) family factors, 2) environmental factors, 3) educational factors, and 4) mass media factors. Efforts that can be made to overcome criminal acts of sexual violence committed by children are through early preventive efforts and repressive measures as a form of providing a deterrent effect to the child.
Implementasi Hukum Pendistribusian Bahan Bakar Minyak Bersubsidi Kepada Nelayan Kecil Mote, Herry Hendri; Rahail, Emiliana; Rumbewas, Ricky
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.v5i1.14925

Abstract

This research aims to find out how subsidized fuel oil is distributed to small fishermen by the Merauke Regency Fisheries Service based on Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers. As well as knowing the procedures for obtaining distribution of subsidized fuel oil by the Merauke Regency Fisheries Service to small fishermen in Merauke Regency. This research is empirical juridical research. This research was carried out in the Merauke City Area, namely at the Arafura Buti Street Oil Fuel Station, and the Merauke Regency Fisheries Service. The results of the research in this thesis show that the regulation of the distribution of subsidized fuel oil by the Fisheries Service in distributing fuel uses a distribution strategy that is right on target by providing recommendations for purchasing subsidized fuel oil to fishermen. At the supervision stage, the government uses two control instruments, namely through recommendations given to small fishermen and supervision by assigning employees from the department to carry out supervision.
Legal Protection of Trade Secrets, Industrial Design And Integrated Circuit Layout Design In Indonesia Ali, Bujang; Jaya, Dipo Setia Hady Akbar; BA, RS Mohammad Al Amin; Fahlevi, Muhammad Reza; Acong, Acong
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.v5i1.14994

Abstract

The government of Indonesia is compelled to bring national rules for the protection of intellectual property rights into line with international norms as a result of the ratification of TRIPs. This study employs a qualitative descriptive research strategy rooted on normative legal theory. In order to assess how well national laws have met the international requirements set forth by TRIPs, data was gathered via literature reviews of primary, secondary, and tertiary legal sources. This study's overarching goal is to determine how well Indonesia's various laws pertaining to IPR—such as those pertaining to trade secrets, industrial design, and integrated circuit layout design—are in sync with the provisions of the TRIPS Agreement. The findings demonstrate that these three statutes have significantly incorporated the fundamental elements governed by TRIPs. Trade secret and integrated circuit layout design protection periods, for instance, have been tweaked to meet the bare minimum requirements imposed by TRIPs. Furthermore, national legislation have also strictly governed the exclusive rights that intellectual property holders have, such as the ability to sue for damages in a civil court and get compensation, and the criminal penalties that those who violate these rights face. Nevertheless, there were obstacles to proper legal enforcement and execution in the field, particularly with regard to the level of legal knowledge among corporate players and the general public, as this study also revealed. As a result, this study significantly advances the cause of bringing Indonesian intellectual property legislation up to par with global norms. To maximize the advantages for innovation and economic development that current legislation may provide, Indonesia has to adopt strategic initiatives including bolstering law enforcement and raising public understanding about the significance of preserving intellectual property rights.
Pertanggungjawaban Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Pencurian Febriyandi, Hardiki; Surahman, Surahman
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.v5i1.14998

Abstract

The theft committed by children must have several factors, namely several economic components or factors, parents because they do not pay attention to their children and thus commit acts against the law, social factors, and mass media factors. A child is a person who is not yet competent or a minor. What is called a child is a child who is not yet 18 years old and includes shildren who are still in the womb. This research aims to find out who is legally responsible for violations committed by children of theft according to Indonesian law, the factors that cause theft in cases involving Decision Number 1/Pid.Sus-Anak/2023/Pn Bpp. A normative approach, such as literature research based on laws and cases, is used in this research, these legal resources are classified into primary, secondary and tertiary. The results of this research are that children must be able to take responsibility for their actions which cause unlawful acts and child perpetrators must be imprisoned and trained in Special Children’s Correctional Institutions. Apart from that, social, economic, mass media (which is influenced by electronic media), and parental factors contribute to teenager committing illegal acts of theft. The judge then made a decision in case number 1/Pid.Sus-Anak/2023/PN BPP. It is appropriate to apply Article 363 paragraph (1) to 3 in conjunction with Article 65 paragraph (1) of the Criminal Code, but the sentence received by the child is too light, even thought this minor is protected, the criminal sanctions given should not be too light so that the child gets a deterrent effect, because the child has committed theft many times, causing disturbance to resident and harming other people.
The Role of The Correctional Center Class II Merauke in Handling Children in Conflict with The Law Utami, Gusti Ayu; Jaya, Andi Ervin Novara
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.v4i2.15095

Abstract

Handling Children in Conflict with the Law (ABH) cannot be done like adults. Through its role, the Correctional Center (BAPAS) plays an essential role in the judicial process of ABH, following applicable laws and regulations. This paper will present the implementation of the role of Bapas in understanding, appreciating, and carrying out all the mandates contained in the SPPA Law because, with the SPPA Law, there are many changes in the system, mechanisms, and procedures for Bapas in carrying out their duties and functions in handling ABH. The purpose of this study was to determine the role of Bapas class II Merauke in the settlement of criminal cases by children and the obstacles faced by Bapas class II Merauke in the settlement of criminal cases by children. The method used in this study is a juridical-empirical research method whose writing nature is descriptive with a qualitative approach to observe behavior, actions, social environment, and other aspects related to the implementation of the role of Bapas Class II Merauke at each stage in the judicial process undertaken by ABH, namely at the stage in the judicial process conducted by ABH, namely at the pre-court stage (post-adjudication, court stage (adjudication), and post-court stage (post-adjudication). The results showed that Bapas has obstacles in resolving criminal cases by children, among others: Large working area, lack of coordination among law enforcement officers, lack of quantity of human resources in Correctional Center Class II Merauke, lack of adequate facilities and infrastructure, families of juvenile clients who are not cooperative with Bapas officers, absence of LPKA and LPAS budget allocation and very minimal funds. Nevertheless, the function of Bapas in handling ABH can be carried out according to the stages set. Following the legislation, Bapas Class II Merauke can function as an institution that handles ABH differently from how adults are handled.
Pelaksanaan Rehabilitasi Bagi Warga Binaan Narkotika Somoharjo, Hendrika Hutami; Hehanussa, Deassy Jacomina Anthoneta; Latupeirissa, Julianus Edwin
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) 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.v5i2.14982

Abstract

Rehabilitation is a way or process of recovering narcotics abuse for addicts, abusers and victims who are carried out medically or socially in order to restore community members so that they no longer fall into narcotics. Rehabilitation is an alternative method determined by certain procedures and conditions. This study aims to analyze and explain the implementation of rehabilitation of prisoners of narcotics crimes in accordance with Law Number 35 of 2009 concerning Narcotics and Law Number 22 of 2022. Based on the analysis of the implementation of rehabilitation for prisoners of narcotics crimes, social rehabilitation activities are carried out by applying the Therapeutic Community method, which is a stage of rehabilitation where a person must strive to restore himself without being given facilities in general by carrying out the stages of recove. The results showed that based on the analysis of the implementation of rehabilitation for prisoners of narcotics crimes in accordance with Law Number 35 of 2009, although only social rehabilitation activities can be carried out by applying the Therapeutic Community method. This stage of rehabilitation is a stage of rehabilitation where a person must strive to restore themselves without being given facilities in general by carrying out stages of recovery. Meanwhile, the implementation of rehabilitation of prisoners in narcotics cases that can be carried out is only social rehabilitation while medical rehabilitation is the responsibility of BNN in collaboration with the Hospital.
Putusan Mahkamah Konstitusi Nomor: 85/PUU-XX/2022 Tentang Badan Peradilan Khusus Sebagai Landmark Decisions Fauzi, Wildan Muhhamad; Muslim, Ikhwanul; Alhadi, Muhammad Nurcholis
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) 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.v5i2.15390

Abstract

The Constitutional Court is a judicial institution responsible for maintaining law and justice through its decisions known as landmark decisions. One of the decisions that is currently controversial in society is Decision Number 85/PUU-XX/2022 concerning the establishment of a special judicial body that should have been formed before the regional head elections which will be held simultaneously in 2024. However, until now there has been no legal certainty regarding the establishment of a special judicial body and the Constitutional Court remains authorized to handle regional head election disputes. The purpose of this study is a form of examination to determine whether the Constitutional Court Decision Number 85/PUU-XX/2022 meets the criteria as a landmark decision or not as interpreted by the Constitutional Court. By using a qualitative approach, this study uses a normative legal analysis based on descriptive legal theory. The data sources used in this study are journals, books and the results of previous studies that have been published. The results of the discussion in this study indicate that the Constitutional Court Decision Number 85/PUU-XX/2022 successfully meets the four criteria for a landmark decision. However, there is one criterion that was not met, namely a decision that annulled the entire law because the panel of judges only annulled Article 157 paragraph (1), (2) and the phrase in Article 157 paragraph (3) so that this decision cannot be fully categorized as a landmark decision.
Penerapan Peraturan Emisi pada Penurunan Emisi Gas Rumah Kaca dari Kendaraan Bermotor di Indonesia Mubarak, Naufal Ramadhan; Ratnasari, Juni
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) 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.v5i2.16895

Abstract

This article analyzes the impact of emission regulations on reducing greenhouse gas emissions from motor vehicles in Indonesia. The study aims to evaluate the implementations of legislation governing vehicle emissions to support reduction targets, aligned with Indonesia's commitment to decrease emissions by 29% by 2030 under the Paris Agreement. This research employs a qualitative method with a juridical-normative approach, relying on secondary data, including regulations, statistics, and related literature. Data were collected through document studies, literature analysis, and reviews of official statistical data. The findings indicate that implementing emission regulations has positively contributed to reducing vehicle emissions, despite existing challenges such as gaps in monitoring private vehicles and motorcycles that are not required to undergo periodic emissions testing. Increasing the ambition of emission standards, such as adopting Euro 5 or Euro 6, is deemed crucial to achieving significant reductions. The study finds that the success of these regulations heavily depends on consistent oversight, innovation in the automotive industry, and public support. These findings emphasize the necessity for collaboration between the automotive industry, the government, and the public to enhance awareness and compliance with emission regulations. Implementing environmental taxes and penalties could serve as alternatives to encourage compliance. With strict regulations and effective collaboration, reducing vehicle emissions is expected to contribute significantly to mitigating global climate change.
Efektivitas Penegakan Hukum Tindak Pidana Judi Online di Kalangan Mahasiswa Khalimy, Akhmad; Avissa, Avrilia Aurelia; Apriyanti, Afia; Triastuti, Rini
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) 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.v5i2.16949

Abstract

Online gambling has become a global phenomenon, especially because of its easy access so that it can be reached by various groups, including students. The purpose of this study was to determine the factors that cause students to use online gambling and the obstacles to enforcing online gambling among students. This study uses a descriptive qualitative research type with a sociological legal approach. The results of the study indicate that several factors that encourage students to play online gambling are basically related to economic factors, perceptions of winning opportunities, boredom, friendships, and venting. The variety of these factors shows that many students are caught in online gambling. The biggest obstacle in enforcing the law on online gambling crimes comes from the awareness of the students themselves. Among them, some feel safe playing online gambling because of anonymity, minimal law enforcement, and some are even aware of the criminal risks but still play. Therefore, the relevant parties are deemed necessary to make several preventive efforts aimed at preventing the occurrence of gambling crimes. Strengthening legal regulations, especially by expanding the scope of online gambling crimes, will ensure that all parties involved in online gambling can be subject to appropriate sanctions. Active and targeted socialization will increase students' awareness of the dangers and consequences of online gambling, while financial literacy programs will help students to be wiser in managing their finances and avoid the risk of falling into gambling. With the combination of these three efforts, it is hoped that an environment free from the negative influence of online gambling will be created for students.
Dampak Hukum Perjanjian Kerjasama Pemerintah Daerah Dan PT. Blue Bay Divers Terhadap Pengelolaan Pulau Saronde Hatu, Mohamad Akbar R; Dungga, Weny Almovarid; Mustika, Waode
Bacarita Law Journal Vol 5 No 2 (2025): April (2025) 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.v5i2.17257

Abstract

Saronde Island is administratively included in Ponelo Islands District, North Gorontalo Regency. The management of Saronde Island was previously carried out by PT Gorontalo Alam Bahari since 2013, then transferred to PT Blue Bay Divers through a new five-year cooperation. An evaluation of the agreement is needed to review the results and losses incurred. This study aims to determine the impact of the agreement between the Regional Government and PT Blue Bay Divers on the management of Saronde Island and analyse the legal consequences in the event of losses. This research uses empirical law research method and qualitative approach. The results show that the agreement has fulfilled the legal requirements, with the agreement of both parties, proven by the signing of the contract. The cooperation has a positive impact, such as increased development on Saronde Island, foreign tourist visits, local revenue, and environmental preservation. The negative impact is the lack of contribution to economic growth and empowerment of local communities. The research found that management by BBD has not fulfilled justice and benefits for local communities. The unilateral termination of the previous cooperation with PT Gorontalo Alam Bahari that was not in accordance with the Memorandum of Understanding became a weak point. The Regional Government is considered not to have suffered financial losses, but legally, the policies taken must prioritise the welfare of the people. Therefore, it is important to review the government's decision, improve community involvement in the economic ecosystem, and ensure fairness in the implementation of this cooperation. This research recommends the establishment of local regulations as a legal umbrella to protect cooperation with third parties, ensure supervision of the implementation of agreements, and encourage cooperation that is oriented towards the welfare of local communities for sustainable and inclusive development for all stakeholders.

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