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LUTUR Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27759938     DOI : https://doi.org/10.30598/lutur
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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THE Urgensi Ahli Linguistik Forensik Dan Psikologi Forensik Dalam Sistem Peradilan Pidana Terpadu Yanti Amelia Lewerissa
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10183

Abstract

The existence of information from forensic linguistics experts and forensic psychology experts is very much needed by law enforcement officers in the criminal justice system. to make light of a crime. The purpose of this study was to analyze the role of forensic linguistics and forensic psychology experts in helping law enforcement officers to seek and find the truth in order to make light of a crime. The research method used in this research is normative legal research which is complemented by social legal research. The approach used is a statutory approach and a conceptual approach. Data collection technique is literature study and analyzed qualitatively. The results showed that information from forensic linguistics experts and forensic psychologists could be requested from the start of the investigation phase even if required by the judge, forensic linguistics and forensic psychology experts could be presented in the trial process either by the public prosecutor or by the defendant's legal counsel, whose main purpose is assist law enforcement officers to make light of a crime. Thus, the existence of information from forensic linguistics and forensic psychology experts is very much needed in an integrated criminal justice system. However, there are some limitations such as lack of human resources, lack of legal knowledge possessed by experts, conflicts of interest and differences in paradigms from experts even though they have the same specifications are some of the obstacles that are often faced by law enforcement officers when faced with situations that require the role of an expert.
Wanprestasi Dalam Perjanjian Makan Hasil Dusun Irawati Rommer; Teng Berlianty; Sarah Selfina Kuahaty
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10453

Abstract

There is a shape of agreement to enjoy the results of the community in Kehly Village, Damer Island District, Southwest Maluku Regency, which is commonly known as "eating hamlets" or in the regional language "Rsakar" or "Rsakaro Likut/Ela", where the essence of the agreement is the same as the production sharing agreement. The distribution of the results of the agreement is influenced by factors such as soil fertility, soil availability, provision of seeds, types of crops, and so on. If the land to be managed will be made into a hamlet, and the crops provided by the landowner (the grantor of inheritance), then the proceeds are divided based on the number of heirs entitled to receive the inheritance. This kind of agreement is called "Elab Nuru". This research used normative legal research. The results showed that the agreement written or oral is a valid agreement because it meets the elements of the agreement listed in article 1320 of the Civil Code. Therefore, the parties who make the agreement either orally or in writing are obliged to carry out the obligations according to the agreement, as stipulated in article 1234 of the Civil Code which states that "every engagement aims to give something, do something, or not do something." If one of the parties does not fulfill its obligations, then that party has defaulted.
Eksistensi Hukum Adat Dalam Pemerintahan Desa Batumiau Kecamatan Pulau Letti Kabupaten Maluku Barat Daya Micael Ririhena; Yeheskel Wessy
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10454

Abstract

The development of traditional villages is carried out by the Regent who is assisted by the Council for the Development of Traditional Institutions and the Board for the Development of Traditional Institutions. With the existence of various variations in the application of customs in the government system which gives rise to dualism in local leadership which in turn can result in ineffective village government, this is certainly food for thought for future village government systems. The research used is sociolegal research, namely a combination research method between doctrinal legal research methods and empirical legal research methods. Doctrinal research is intended to carry out library research by identifying laws and regulations and collecting other data related to the problem being studied. Empirical research is intended to identify, study and analyze the application of customary law in the administration of Batumiau village government, Pulau Letti District, Southwest Maluku Regency, as well as the impact of the application of customary law in the administration of village government. With the increasingly rapid flow of globalization, and the qualification that Southwest Maluku is a region famous for its culture and adherence to custom, it is appropriate that many are questioning the existence of customary law in this area for the future. Based on the description above, we are interested in conducting legal research with the title.
Akibat Hukum Jual Beli Hak Atas Tanah Adat Yang Dilakukan Tanpa Sepengetahuan Kepala Desa Hendra Belseran; Jenny Kristiana Matuankotta; Muchtar Anshary Hamid Labetubun
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10455

Abstract

Certificate of customary land rights as proof of ownership of customary land rights so that there is overlapping assistance and sale of customary land to other people by several soa/households without the knowledge of the village head so that each of them claims ownership rights to the customary land in question based on customary inheritance law so that detrimental to citizens as buyers. This research is a normative juridical research on this problem and then examines and finds out the answer to this problem through a conceptual approach, statutory approach and case approach, then from the results of this description conclusions and suggestions can be drawn. The research results show that the regulation of buying and selling customary land according to customary law is carried out by the seller as owner communicating with relatives in the Soa/Mata Rumah/Marga to obtain approval in the form of a letter of release of rights to customary land, if there is no Soa/Mata Rumah/Marga approval. then of course the sale and purchase has no validity according to customary law, and it is based on the letter of release of customary land from the Soa/Mata Rumah/Marga that the Village Head as Head of the Traditional Authority issues a letter of release of rights to the customary land that is being sold and bought if it is in accordance with applicable customary law procedures and adhered to by the local Indigenous Community in Moa Lakor District, Southwest Maluku Regency and there are legal consequences for buying and selling rights to customary land without the knowledge of the Village Head, the Indigenous Community, namely the Soa/Mata Rumah/Marga as the owner of the customary land, Village Officials and Elders Customary elders determine attitudes to resolve problems to straighten out the process of buying and selling customary land in accordance with applicable customary law, and if this is not implemented by the seller and the buyer then the customary land object being sold is taken over and controlled by the Soa/Marga/Mata Rumah as legal owner of customary land.
Penerapan Standar Pelayanan Sesuai Undang-Undang Nomor 25 Tahun 2009 Tentang Pelayanan Publik Muhammad Azhar Lawiya; Salmon Eliaser Marthen Nirahua; Julista Mustamu
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10497

Abstract

The Maluku Provincial Government as a service provider has the obligation to develop and set service standards to help the community know what kind of service will be provided. For this reason, the Maluku Provincial Government must set service standards as a benchmark in providing services. Purposes of the Research: To find out to what extent the implementation of service standards in the Maluku Provincial Government. Methods of the Research: This study uses a normative research method with the legal materials used in the research are primary, secondary and tertiary with the use of literature study techniques in the form of legal regulations, scientific works and literature. Results of the Research: he implementation of public services is an effort by the state to fulfill the basic needs and civil rights of every citizen for goods, services, and administrative services provided by public service providers. In carrying out service delivery, service standards are needed to be benchmarks, so that in carrying out public services the Maluku Provincial Government has benchmarks that can be used as guidelines for service delivery and has a reference for assessing service quality as an obligation and promise of the organizers to the community in the context of quality services. , fast, easy, affordable, and organized. However, in the implementation of public services in the Maluku Provincial Government, service standards have not been fully implemented properly, this can cause harm to the community because of the lack of transparency in the public service process carried out by the Maluku Provincial Government. For this reason, the Maluku Provincial Government is required to create and implement service standards as a benchmark in carrying out public services and as an effort to prevent maladministration in the service delivery process.
Implementasi Tugas Hakim Pengawas Dan Pengamat Terhadap Pelaksanaan Putusan Pengadilan Pada Lembaga Pemasyarakatan Di Indonesia Robertho Sohilait; Deassy Jacomina Anthoneta Hehanussa; Juanrico Alfaromona Sumarezs Titahelu
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10498

Abstract

The institution of supervisory judges and observers is a new institution that was born with the enactment of Law No. 8 of 1981 concerning the Criminal Procedure Code. The task of supervision and observation is very important, considering that its duties are not only related to convicts who have been sentenced, but also to convicts who have finished serving their sentences with the aim that there is a guarantee that the decisions handed down by the court are carried out properly. Purposes of the Research: The type of research used is normative legal research using a statute approach, a conceptual approach, and a case approach. While the sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Results of the Research: From the results of the study, it is explained that supervisory judges and observers are very relevant in the implementation of the current criminal justice system because with the presence of supervisory judges and observers they can carry out direct supervision and observation of court criminal decisions that have legal force and can directly assess whether the decision can be useful. for prisoners or not so that when he is ready to return to the midst of society so that the purpose of the criminal justice system that corrects the perpetrators can be realized, but as long as in Indonesia the implementation of the rights of supervisors and observers is not carried out properly, this is due to the absence of strict sanctions to judges and courts, the lack of regulations and provisions regarding supervisory and observer judges, as well as supervisory and observer judges can be considered as interfering formally with the authority of the penitentiary, therefore the cooperation of the ministry of law is required. and human rights and the judiciary to formulate new regulations for supervisory and observer judges.
Orang Asing Yang Berada Di Indonesia Berdasarkan Ketentuan Undang – Undang Nomor 6 Tahun 2011 Tentang Keimigrasian Tita Jolanda Anggraini Sahetapy; Johanis Steny Franco Peilouw; Irma Halima Hanafi
LUTUR Law Journal Vol 4 No 1 (2023): Mei 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i1.10499

Abstract

Immigration is a matter of regulating the traffic of people entering or leaving the Territory of the Republic of Indonesia and its supervision in the context of maintaining state sovereignty. Purpose of the Research: Based on this, the problem in this writing is "How is the regulation of Law Number 6 of 2011 concerning Immigration of Foreigners in Indonesia". Methods of Research: Scientific writing is carried out using research methods, with normative juridical research types, problem approaches using case approaches and law approaches, primary, secondary and tertiary sources of legal materials and techniques for collecting and managing legal materials using library research by searching and reviewing books. related to solving the problem in this writing. Result of the Research: Foreigners who enter illegally into the territory of the State of Indonesia are foreigners who enter without going through the inspection of immigration officials and without being accompanied by valid and still valid travel documents, this is a development burden for the government in solving these problems. This can be seen and studied in the Immigration Act by looking at the arrangements for the supervision of foreigners and the imposition of sanctions on immigration crimes committed. Immigration in carrying out its duties and authorities must be more assertive in handling and providing sanctions to foreigners who commit immigration violations and crimes in accordance with Law No. in giving sanctions to someone who commits an immigration crime.
Penyidikan Terhadap Anggota Militer Yang Melakukan Tindak Pidana Umum dan Tindak Pidana Korupsi Jacob Hattu; Astuti Nur Fadillah
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10633

Abstract

The Indonesian Constitution states that all citizens have equal status under the law and government and are obliged to uphold the law and government without exception. The law as a commander who does not regard anyone, whether from officials, businessmen, members of the military or ordinary people, has the same rights and position before the law. TNI soldiers are subject to the authority of military justice in cases of violations of military law and are subject to the authority of general justice in cases of violations of general criminal law or corruption law as a special criminal law. This is due to deviations both from a material and formal perspective. Investigations in the military environment are carried out by the Military Police against soldiers who commit non-common crimes.
Kepemilikan Tanah Eks Eigendom Verponding 1065 Yang Ada Di Negeri Tawiri Rizal Riski Kailul; Adonia Ivonne Laturette; Novyta Uktolseja
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10670

Abstract

Introduction: Land is a very important thing in Customary Law (can be referred to as Customary Land Law). The relationship between humans and land is closely related, namely land as a place for humans to live and continue their lives. Customary land is the property of customary law communities that have been controlled for a long time. Customary land law, known as land rights in Indonesia, such as ulayat lands, private lands, business lands, Gogolan lands, bengkok lands, agrarisch eigendom lands, and others. Purposes of the Research: This writing aims to find out the relationship between humans and the soil is very related to the land as a place for humans to live and continue their lives. While eigendom is a right of ownership to a land asset that existed during the Dutch colonial era that is subject to the provisions of Western land law in force for eigendom rights, then with the promulgation of the UUPA, the unification of Indonesian land law with the former Western rights that have not been converted to land rights as stipulated in the UUPA. Methods of the Research: legal writing that is juridical normative approach Results / Findings / Novelty of the Research: that the arrangement of compensation for the right of ownership of the Land of the former Eigendom Verponding 1065 that has not been converted is still possible to obtain proof of ownership, but not through conversion again but through granting new rights to the Office of the National Land Agency (BPN) with a certificate of ownership issued by the village head of the local area. Procedures and stages of land registration carried out by BPN Ambon on former Land objects eigendom 1065 the process of land rights derived from western rights including eigendom verponding to obtain legal certainty, by implementing the provisions of PP No.24 of 1997 consistently, well and truly will be about the right to land eigendom verponding, which ensures legal protection for holders of rights to the land of the former eigendom verponding. then the bookkeeping is simply done by giving a stamp/stamp on the evidence by writing the type of rights and rights number converted, which is regulated in PP Regulation No.24 of 1997 on land registration
Sanksi Administrasi Dalam Surat Edaran Ely, Maya Wulandari; Pietersz, Jemmy Jefry; Bakarbessy, Andress Deny
LUTUR Law Journal Vol 4 No 2 (2023): November 2023 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v4i2.10671

Abstract

Introduction: The phenomenon of ministerial circulars in the hierarchy of laws and regulations in Indonesia has never been concretely embodied in the order of laws and regulations. This was caused by the debate over the ministerial circular letter, whether the circular letter was included in the category of regulation (regeling) or stipulation (beschiking). The essence of a Circular Letter is part of a policy regulation that contains notifications or explanations or technical instructions for carrying out a matter and only applies internally to government organizations, is not regulatory and applies outwardly and binds the general public like a statutory regulation. Circulars are informative in the implementation of certain government affairs Purposes of the Research: The objectives of this study are: To study and analyze the content of Administrative Sanctions in Circulars and To study and analyze the Legal Power of Circulars that have Administrative Sanctions Methods of the Research: This research is normative juridical. Library materials are the basis for research (knowledge) classified as secondary data. The secondary data intended in this study are in the form of personal letters, books, official documents, literature, scientific papers and laws and regulations to complete this writing. Results / Findings / Novelty of the Research: Research shows that although the existence of a Circular Letter as an informative official document in an internal government organization is made by a superior official to a subordinate official to carry out a certain government affair, a Circular Letter can also contain Administrative Sanctions whose legal force is in Law Number 30 2014 concerning Government Administration

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