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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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Peran Analis Hukum Dalam Penyusunan Kebijakan Pada Kantor Wilayah Kementerian Hukum Dan Hak Asasi Manusia Hutagalung, Jordy William; Simamora, Janpatar
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.v5i2.17481

Abstract

The formulation of effective and equitable public policies is one of the important aspects in ensuring the achievement of good governance objectives. In this context, the role of legal analysts in the Regional Office of the Ministry of Law and Human Rights (Kanwil Kemenkumham) has great significance. Legal analysts are responsible for ensuring that policies are not only in accordance with applicable legal norms, but are also fair, provide legal certainty, and respect human rights. Their main tasks include reviewing existing laws and regulations, identifying the potential legal impacts of proposed policies, and providing recommendations for policy improvements where necessary. In addition, legal analysts also play an important role in analyzing the possibility of legal uncertainty or regulatory conflicts that could harm society. Nevertheless, legal analysts are faced with various challenges, such as the complexity of overlapping regulations, rapid changes in social and political dynamics, and the need to accommodate different interests. Therefore, to improve policy effectiveness, capacity building and collaboration between various parties involved in policy-making are required, as well as continuous evaluation of policy implementation. Thus, the success of public policy is highly dependent on the ability of legal analysts to maintain a balance between compliance with the law and the fulfillment of community needs in a fair and responsive manner.
Kebijakan Pemerintah Dalam Menangani Konflik Agraria Dan Keadilan Sosial Tyaningrum, Annisa Mayang; Sudarsono, Sudarsono; Hadiyantina, Shinta
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.v5i2.16717

Abstract

Government policy in dealing with agrarian conflicts in Indonesia is very important to achieve social justice. Agrarian conflicts often arise due to injustice in the control and use of natural resources, which has an impact on society, especially vulnerable groups. Based on the principles of Pancasila and the 1945 Constitution, the government has the responsibility to create prosperity for all people, including in terms of distribution of land and other resources. The government has implemented various strategies to overcome agrarian conflicts, including formulating inclusive and fair policies. In the context of public policy, social justice is the main basis. This includes protecting the rights of communities marginalized due to unfair development policies. An approach based on community participation in decision making is expected to reduce the negative impacts of these policies. In this way, the government not only functions as a regulator but also as a facilitator who creates an environment that supports social justice for all Indonesian people. This research uses normative legal research methods, using a case approach, a statutory approach and a conceptual approach. Overall, the success of government policies in dealing with agrarian conflicts and realizing social justice is highly dependent on a commitment to protecting people's rights and creating a just and transparent system. Implementation of the principles of social justice in every aspect of community life will be the key to achieving this goal. The aim of this research is to analyze the formulation of inclusive and socially just government policies regarding agrarian conflicts that occur in Indonesia.
Pembentukan Lembaga Kerja Sama Bipartit Pasca Berlakunya Penetapan Peraturan Presiden Pengganti Undang-Undang Cipta Kerja Menjadi Undang-Undang Azriyal, Raul Maulid; Pratama, Rio Arif; Surahman, Surahman
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.v5i2.17632

Abstract

The passage of the Presidential Regulation in Lieu of the Law on Job Creation as outlined in Law Number 6 of 2023, the Bipartite Cooperation Institution was formed. This paper examines the legal elements behind the establishment of the Bipartite Cooperation Institute. The Bipartite Cooperation Institute functions as a forum for communication between employers and workers in an organization with the aim of fostering positive working relationships, but there are obstacles in the implementation of Article 190 of the Manpower Law because there are no technical provisions regarding administrative sanctions for business actors who are not members of the Bipartite Cooperation Institution. Primary and secondary legal sources are analyzed using normative legal techniques. The results of the study show that changes in regulations in the Job Creation Law cause legal uncertainty related to the establishment and implementation of Bipartite Cooperation Institutions. Although the establishment of a Bipartite Cooperation Institute is mandatory for companies with more than 50 workers, the administrative sanctions regulated have not been effectively implemented. As a result, many companies do not comply with these obligations, thus hindering efforts to create productive and conducive industrial relations. This study recommends the need for clear technical arrangements regarding sanctions enforcement mechanisms, more massive socialization, and increased active participation of employers and workers, so that the Bipartite Cooperation Institution can function optimally in preventing industrial conflicts and supporting sustainable employment development.
Perlindungan Hukum Terhadap Pekerja Disabilitas: Tinjauan Undang – Undang Cipta Kerja Halim, Bobby Christian
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.v5i2.17638

Abstract

Legal protection for workers with disabilities in Indonesia is a crucial issue in achieving equality and inclusion in the workplace. Law Number 8 of 2016 on Persons with Disabilities and Law Number 11 of 2020 on Job Creation mandate companies to employ persons with disabilities. Private companies are required to employ at least 1% of workers with disabilities, while government institutions must employ a minimum of 2%. This obligation is not merely about fulfilling quotas but must also be accompanied by the provision of an accessible work environment, such as disability-friendly infrastructure, assistive work tools, and policies that support their career development. This study aims to analyze the legal protection for workers with disabilities based on the Job Creation Law. The research method used is normative legal research with a statute approach. This study examines how regulations guarantee the rights of workers with disabilities, including equal wages, protection from discrimination, and reasonable workplace accommodations. The findings indicate that the Job Creation Law strengthens the rights of workers with disabilities by ensuring equal pay with other workers who have similar responsibilities. Furthermore, regulatory oversight and law enforcement mechanisms are established, including administrative sanctions for companies that fail to comply. As an incentive, the government provides tax relief and facility assistance for companies that actively employ persons with disabilities. This study concludes that although regulations are in place, their effectiveness still needs to be improved through strict supervision and broader education for the business sector.
Akibat Hukum Putusnya Perkawinan Karena Perceraian Simamora, Sovia Febrina Tamaulina; Siregar, Ria Juliana; Situmorang, Samuel; Gultom, Meli Hertati
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.v5i2.17672

Abstract

Divorce is the end of the relationship between husband and wife which is legal according to law. The termination of the marriage relationship has legal consequences for the position, rights and obligations of husband and wife and children, and is also included in joint assets. Joint property is property obtained by a husband and wife during marriage. This joint property arises from customs which are the provisions governing the husband and wife's property to be made into joint property with the aim of building a household and binding themselves to each other. This research uses normative legal research methods, namely methods that specifically reflect the identity of the legal discipline as a science. Library research takes precedence. The reason for using normative research is that this research refers to legal norms contained in laws and regulations and norms that apply and bind society. The approach used in this research is a statutory approach related to making inheritance certificates. The type of research used in this research is descriptive analytical research, where this research aims to provide a solution to problems that arise precisely and in depth.
Peran Bidang Intelijen Kejaksaan Negeri Pematangsiantar Dalam Penegakkan Hukum Sesilia, Paskah; Anggusti, Martono
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.v5i2.17722

Abstract

The Intelligence Division of the Pematangsiantar District Prosecutor's Office plays a key role in supporting leadership by conducting investigations, ensuring security, and mobilizing resources to prevent criminal activities. Research on its role highlights its legal and structural significance, analyzed using normative-juridical methods. Operating under the Attorney General's leadership, which oversees seven Deputies, a Training and Education Agency Head, and 33 Provincial Prosecutor’s Offices, the division supports law enforcement efforts nationwide.Law Number 11 of 2021 underscores the Attorney General's Office as a central and strategic institution for national resilience, acting as a mediator between investigations and court proceedings, as well as executing court decisions. The Intelligence Division is supported by national intelligence agencies, which provide operational assistance in investigations, security, and data management, alongside technological advancements to enhance intelligence capabilities and ensure effective law enforcement.
Batasan Syarat Calon Orang Tua Angkat Ditinjau Dari Prinsip The Best Interest Of The Child Syaiful, Muhammad; Huda, Miftakhul
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.v5i2.17780

Abstract

Child adoption is a legal act aimed at providing protection and proper care for children, especially abandoned children. Government Regulation Number 54 of 2007 on the Implementation of Child Adoption establishes various requirements for prospective adoptive parents, including the condition of a minimum of 5 years of marriage. While this requirement aims to ensure the stability of adoptive parents' households, it is often considered too rigid and does not fully reflect the principle of the best interest of the child. This study aims to analyze the legal basis of such requirements and evaluate their alignment with the principle of the best interest of the child. The research employs normative legal methods using a statute approach and a conceptual approach. The findings reveal that although the 5-year marriage requirement seeks to safeguard the child's welfare, it often becomes a barrier for abandoned children to promptly receive care from suitable families. Therefore, an evaluation of the regulation is necessary to ensure flexibility in its application while prioritizing child protection. A reformulation of the policy, making it more adaptive and responsive to social dynamics, is expected to optimize the adoption process in Indonesia, thus effectively realizing the principle of the best interest of the child.
Mitigasi Love Scamming: Penegakan dan Perlindungan Hukum Tindak Pidana Pemerasan Bermodus Cinta Putra, Dika Anggara; Rosita, Dian
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.v5i2.17835

Abstract

The development of technology and social media has significantly changed the way people communicate, including in searching for life partners. However, this advancement has also created opportunities for cybercrimes, one of which is love scamming, a form of extortion using romance as a pretext through online platforms. Law enforcement against perpetrators of this crime is more relevant when applied under Article 27B paragraph (1) in conjunction with Article 45 paragraph (8) and Article 29 in conjunction with Article 45B of Law Number 1 of 2024, which amends Law Number 11 of 2008 concerning Electronic Information and Transactions. Although the primary element of love scamming is extortion, many cases also involve threats, making it possible to apply multiple legal provisions under the Indonesian Penal Code and the Electronic Information and Transactions Law. Legal protection for victims is carried out through two approaches: preventive and repressive. Preventive protection involves raising public awareness through education and outreach regarding romance-based scams on social media, while repressive protection includes concrete actions by the government and private organizations to help victims obtain legal protection and restore their rights. Therefore, social media users must be more cautious when interacting online, be able to distinguish between real and fake accounts, and avoid trusting strangers too easily to prevent becoming victims of love scamming.
Perlindungan Hukum Terhadap Konsumen Pada Transaksi E-Commerce Melalui Pembayaran Cash On Delivery Putri, Shifa Nurdila; Hasmiati, Rahmatullah Ayu
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.v5i2.18382

Abstract

This study aims to analyze the legal protection of consumers in e-commerce transactions with the Cash On Delivery (COD) payment method in Samarinda City. The focus of the research includes consumer legal protection according to Law Number 8 of 1999 concerning Consumer Protection and Law Number 11 of 2008 concerning Information and Electronic Transactions, the effectiveness of legal protection, and obstacles in the implementation of consumer protection. The research method used is empirical juridical with an analytical descriptive approach and data collection techniques through interviews, observations, and questionnaires distributed to e-commerce consumers in Samarinda City. The results of the study show that the existing legal protection is not fully effective because there are still various obstacles, such as low consumer awareness of their rights and weak law enforcement against irresponsible business actors. The Borneo Non-Governmental Consumer Protection Agency, the Samarinda City Police, and SPX Express have an important role in handling consumer disputes. It was found that consumers often suffer losses due to non-conforming or damaged goods, as well as difficulties in the process of returning goods and refunds. This study recommends improving consumer education, strengthening regulations related to COD transactions, and improving coordination between relevant institutions in handling consumer complaints.
Problematika Pembentukan Peraturan Desa Dalam Perspektif Pengetahuan Hukum Dan Pengawasan Pratiwi, Dita Ayudia; Gardjalay, Hery Albert; Wattimena, Rovsky Asyer
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.v5i2.18400

Abstract

This research aims to identify the obstacles faced in the process of forming Village Regulations in Durjela, Wangel and Wokam Villages and then to find out how the role of the Village Government, the Village Consultative Body, and the community in overcoming obstacles in the formation of village regulations. The type of research used in this writing is normative, namely research on the relevant legal norms (laws and regulations), in this research will be used with a descriptive-analytical type of research on the basis that the results obtained from literature studies are then analyzed and discussed using a systematic discussion flow then this research is carried out a literature study (library research), namely collecting related legal materials to obtain objective and accurate information, both from books, laws and the internet. The collection of legal materials is carried out by arranging by subject. The results of the study show that the village government's legal knowledge is lacking in legal knowledge, either due to educational qualifications, lack of seeking information, or lack of legal awareness or lack of supervision in the formation of Village Regulations that are not optimal and effective by the Legal Section of the Aru Islands Regency Government.

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