LUTUR Law Journal
LUTUR Law Journal (Lutur) is a peer-reviewed journal, media managed and published by Programs Study Outside the Main Campus in Law Pattimura University Southwest Maluku Regency two a year in May and November. The purpose of this journal is to provide a place for academics, 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 support greater global knowledge exchange. LUTUR Law Journal is available online. The languages used in this journal are Indonesian and English. The scope of articles published in this journal discusses various issues in the field of Law (Civil Law, Islamic Law, Business/Economic Law, Constitutional Law, State Administrative Law, Criminal Law, International Law
Articles
61 Documents
<![CDATA[Penerapan Restoratif Justice Terhadap Pelaku Tindak Pidana Penganiayaan Anak ]]>
<![CDATA[Benony Gardjalay]]>;
<![CDATA[Hadibah Zachra Wadjo]]>;
<![CDATA[Yeheskel Wessy]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i1.10278
<![CDATA[In accordance with the problems mentioned earlier, this research is a normative study of the application of restorative justice to perpetrators of criminal acts of child abuse through a conceptual approach, a statutory approach, prioritizing the use of legal materials through normative and empirical studies and various findings regarding the application of restorative justice against Perpetrators of Crime of Child Abuse, then from the results of this description conclusions and suggestions can be drawn. The results of the research and analysis use the concept of legal protection, which is an initial framework for thinking about the implementation of restorative justice for perpetrators of child abuse crimes. The results of the study show that the perpetrators and/or suspects of child abuse can be submitted to restorative justice by fulfilling various formal requirements for the victim by involving the families of both parties and related elements in society, namely resolving problems amicably by prioritizing applicable customary law and binding for the purpose of terminating an investigation based on restorative justice.]]>
<![CDATA[Kekuatan Hukum Mengikat Rekomendasi Inspektorat Kabupaten Maluku Barat Daya Terhadap Pengembalian Kerugian Keuangan Negara Oleh Kepala Desa ]]>
<![CDATA[Daniel Adipura Romiwy]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Victor Juzuf Sedubun]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i1.10279
<![CDATA[Discretion by the village head of Kokwari which was reported by the community to the Inspectorate Board of Southwest Maluku Regency as a form of alleged corruption in the case of misuse of village funds. This research is a normative juridical research, and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach, then from the results of the description conclusions and suggestions can be drawn. The results of this research and analysis of the problem use the concept of the Pancasila legal state and the concept of binding legal force, which are the initial framework for thinking about binding legal force. The results showed that the Recommendations of the Inspectorate of Southwest Maluku Regency regarding the return of state financial losses by the Kokwari Village Head have binding legal force, which lies in various normative provisions in a hierarchical manner so that they can guarantee and assess the quality or quality of each implementation of the work carried out by the Village Government on the management The Village Fund Budget is within the scope of the Regional Government of Southwest Maluku Regency, for this reason the Inspectorate Board of Southwest Maluku Regency issued a recommendation regarding the return of state financial losses by the Kokwari Village Head, of course, administrative legal consequences in terms of accountability that with the completion of the return of state financial losses carried out by the Kokwari Village Head cannot be prosecuted for criminal responsibility under Article 4 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes.]]>
<![CDATA[Perlindungan Hukum Kepada Tersangka Pada Tahapan Pra Adjudikasi ]]>
<![CDATA[Juler Orin Tasya Saknohsiwy]]>;
<![CDATA[Juanrico Alfaromona Sumarezs Titahelu]]>;
<![CDATA[Julianus Edwin Latupeirissa]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i1.10280
<![CDATA[Various provisions for the implementation of pre-adjudication, investigative procedures and investigations into alleged criminal acts of persecution. This research is a normative juridical research on this problem and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach, then from the results of the description conclusions and suggestions can be drawn. The results of this research and problem analysis use the concept of the rights of suspects who commit crimes, the concept of pre-adjudication, which is an initial framework for thinking about legal protection for suspects at the pre-adjudication stage. The results of the study show that the form of legal protection for suspects at the pre-adjudication stage should be carried out by the suspect's attorney by asking the Southwest Maluku Police Investigators and the Public Prosecutor to carry out integrated (integrated/synchronized) Investigation and Prosecution between Investigators, Public Prosecutors and the Court so that the case is immediately transferred to the Saumlaki District Court to carry out an Examination and obtain a Court Decision and what legal remedies can be taken against violations of the suspect's rights at the pre-adjudication stage can be carried out through pre-trial by the suspect's attorney with based on the legal provisions governing the rights of suspects as protected in the Criminal Procedure Code, namely the suspect or defendant has the right to be immediately examined by investigators, has the right to be immediately submitted to court and has the right to be tried immediately and get a court decision.]]>
<![CDATA[Hak Waris Anak Perempuan Tunggal Menurut Hukum Waris Adat Di Pulau Kisar Kabupaten Maluku Barat Daya ]]>
<![CDATA[Mathias Kristison Maromon]]>;
<![CDATA[La Ode Angga]]>;
<![CDATA[Mahrita Aprilya Lakburlawal]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i1.10281
<![CDATA[Women and men have the same position before the law regardless of gender, including the right to inherit. This research was carried out by referring to the type of normative legal research, or what is usually referred to as normative legal research or juridical where researchers will conduct a study of documents in the form of research conducted by examining literature sources and secondary data only, the type of research is descriptive analytical through an approach statutory and conceptual, guided by primary sources of legal material in the form of the 1945 Constitution of the Republic of Indonesia and the Civil Procedure Code as well as secondary and tertiary legal materials through the card system mechanism. Based on the research and presentation of the results and discussion, it was concluded that girls according to customary inheritance law on Kisar Island, especially in the community in Lebelau Village, North Kusar District, Southwest Maluku Regency, are not heirs, especially with regard to inheritance. This is influenced by the kinship system in adhered to by the people on Kisar Island in general, namely the patrilineal system so that sons become the heirs of priority according to customary law. The fulfillment of the inheritance rights of a daughter or only daughter in the family only includes inheritance that is the result of the income of the parents, where the fulfillment of these rights is very dependent on the wisdom of the parents.]]>
<![CDATA[Pra Adjudikasi Terhadap Pelaku Tindak Pidana Penganiayaan Anak ]]>
<![CDATA[Rusli Banapon]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 1 (2022): Mei 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i1.10282
<![CDATA[The investigation process has been carried out and a suspect has been named as an alleged criminal act of abuse against children. This research is a normative juridical research on this problem and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach then from the results of the description conclusions and suggestions can be drawn. The results of this research and problem analysis use the Law Enforcement Concept, which is an initial framework for thinking about Pre-Adjudication Juridical Analysis of Offenders of Child Abuse. The results of the study show that the implementation of pre-adjudication procedures by the Weet Police as Investigators in handling complaints of abuse against children as indicated in the Letter of Determination of Suspect Number: S.Tap/02/III/2020/ POLSEK, on 15 February 2020 in the criminal justice system should be implemented in an integrated manner (integrated/synchronized) so that the delegation of stage one to the Public Prosecutor can be followed up, but from 2020 to 2023 the BAP along with the suspects and evidence has not been submitted to the Public Prosecutor's Office of Southwest Maluku District Court to be transferred to the Saumlaki District Court to carry out an Examination hearing and obtain a Court Decision and legal remedies taken by the suspect in the alleged crime of child abuse in Tounwawan Village in the pre-adjudication stage.]]>
<![CDATA[Kedudukan Hukum Adat Duan Lolat Terhadap Penyelesaian Delik Dalam Criminal Justice System ]]>
<![CDATA[Yeheskel Wessy]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i2.10283
<![CDATA[The State of Indonesia is a State of Law (rechtstaat/staats law), which completely separates positive law (positivism law) from customary law (adatrecht) as unwritten law (custom), so that when a criminal act/criminal action occurs (delict) the state with all its powers according to the law (formal criminal law and material criminal law) through the related judiciary (sub system) acts to defend state law in order to protect the interests of the injured legal subject (victim). The results show that the system and values and laws of the Duan-Lolat customary law have a position in national law as a sub-system of the Indonesian customary law system so that Duan-Lolat customary law gets its position in the criminal justice system without invalidating the national law in this case. material criminal law and the ideal form of criminal justice system in accommodating Duan-Lolat customary law against the settlement of offenses at the pre-adjudication and adjudication stages carried out by the authorized sub-system as a component of criminal justice.]]>
<![CDATA[Penyelesaian Kasus Perselingkuhan Melalui Sanksi Pidana Adat Di Kecamatan Pulau Wetang ]]>
<![CDATA[Petrus Ricardo Jotley]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Sherly Adam]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i2.10284
<![CDATA[The purpose in writing this is an affair that occurs either between a husband and wife of another person or between a husband or wife and another man or woman outside of the husband and wife relationship. This research is a normative juridical research on this problem and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach then from the results of the description conclusions and suggestions can be drawn. The results of the study show that the form of settlement of cases of infidelity/adultery through customary fines is carried out by means of requests for accountability to men to marry girls or wives of people who commit adultery/adultery, if they do not fulfill requests to marry other people's girls or wives then they are obliged to do so. payment of customary fines to the girl or wife of the person who has been harmed as well as the form of customary fines which are intended as customary sanctions in the form of two gold moons the size of a palm, one basta, animal/livestock, cows and Completion of customary fines in cases of infidelity/adultery through customary criminal sanctions in Pulau Wetang District are not appropriate and positive law is not recognized, because the act of damaging property precedes the existence of a customary settlement which has received criticism and rejection from the local indigenous people to the Village Government and Saniri Negeri. The settlement of adultery or extramarital affairs should only be done through traditional forums by following the provisions of customary fines decided at the Saniri customary assembly, not by destroying the property of the parties who have committed adultery or adultery.]]>
<![CDATA[Keabsahan Perubahan Status Hukum Desa Werwawan Menjadi Dusun Werwawan Di Kabupaten Maluku Barat Daya ]]>
<![CDATA[Daniel Palpialy]]>;
<![CDATA[Salmon Eliazer Marthen Nirahua]]>;
<![CDATA[Yohanes Pattinasarany]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i2.10319
<![CDATA[The transfer of the village government center from Werwawan Village to Letoda Hamlet without going through a legal product, namely a Regional Regulation. This research is a normative juridical research, and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach, then from the results of the description conclusions and suggestions can be drawn. The results showed that the formation of Letoda Hamlet to become an autonomous village and the transition of legal status from Werwawan Village to a hamlet were not in accordance with the substance and legal procedures in force, including the discretion of the Deputy Regent of West Southeast Maluku to the Head of Letoda Village to move the government administration center from Werwawan Village to Letoda Hamlet which was then accompanied by Letoda Hamlet to become an autonomous village and Werwawan Village to become a hamlet which did not have legal validity and had no binding legal force and the transition of legal status from Werwawan Village to Werwawan Hamlet had no legal status. Legal amendments in the concept of administrative law, material/factual actions and legal actions taken by the Deputy Regent of West Southeast Maluku which have implications for Letoda Hamlet becoming an autonomous village and Werwawan Village becoming a hamlet in principle are government actions that are not based on law so that there are legal consequences of the government's actions so that legal actions can give rise to legal consequences administratively and therefore Letoda Hamlet which has become an autonomous village and Werwawan Village which has become a hamlet does not have legal validity so it can be annulled.]]>
<![CDATA[Tanggung Jawab Pemerintah Daerah Kabupaten Maluku Barat Daya Dalam Pengelolaan Wisata Pantai ]]>
<![CDATA[Kostafina Silety]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i2.10322
<![CDATA[Authority to the Regency Regional Government in managing Beach Tourism to provide benefits for people's welfare, equality, proportionality, justice, maintaining natural and environmental sustainability, empowering local communities. This research is a normative juridical research on this problem and then examines and knows the answers to this problem through a conceptual approach, statutory approach then from the results of the description conclusions and suggestions can be drawn. The results of the study show that the Regional Government of Southwest Maluku Regency has the responsibility for managing beach tourism in the area in accordance with Law Number 10 of 2009 concerning Tourism as the scope of authority in tourism matters. On the other hand Law Number 23 of 2014 concerning Regional Government gives authority to manage sea areas only to the Regional Government in this case the Regional Government of the Maluku Province and is not given to the Regional Government of the Regency/City in this case the Regional Government of Southwest Maluku Regency and the Forms of Responsibility The Regional Government of Southwest Maluku Regency in managing beach tourism is implementing the authority granted by Law Number 10 of 2009 concerning Tourism which in principle prepares tourist attractions/attractions, tourist infrastructure and forms micro business groups by providing grants and asking the Government The Maluku Province Region to provide concurrent affairs for the management of the sea area to the Regional Government of Southwest Maluku Regency so that it can develop tourism potential in the sea area.]]>
<![CDATA[Legalitas Retribusi Angkutan Laut Speed Boat Letti-Moa dan Lakor-Moa oleh Pemerintah Daerah Kabupaten Maluku Barat Daya ]]>
<![CDATA[Dilmon Roger Lekidama]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Heillen Martha Yosephine Tita]]>
<![CDATA[ LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal ]]>
Publisher : <![CDATA[Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya ]]>
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DOI: 10.30598/lutur.v3i2.10324
<![CDATA[People has the right to receive services in the field of sea transportation, protection and legal certainty in accordance with applicable laws and regulations, so that the Regional Government stipulates Regional Regulation of Southwest Maluku Regency Number 7 of 2013 concerning Regional Retribution. This research used normative legal research. The results showed that Articles 87 to 92 of the Regional Regulation of Southwest Maluku Regency Number 7 of 2013 concerning Regional Retribution regulate Port Service Retribution and the party collecting the Levy that port service users must be provided with strong and sustainable services. The Levy against Speed Boad Owners of the Letti – Moa and Lakor – Moa routes is not facilitated with facilities and infrastructure in accordance with national shipping standards, resulting in harm to the community. The imposition of Speed Boad transportation service rates set by Speed Boat owners is not based on the provisions of valid laws and regulations. In terms of regional revenue, the authority to collect levies carried out by KPLP is contrary to Regional Regulations of Southwest Maluku Regency Number 7 of 2013 concerning Regional Retribution.]]>
