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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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Penyelesaian Kasus Perselingkuhan Menurut Hukum Adat Di Desa Lolotuara Kecamatan Pulau Lakor Kabupaten Maluku Barat Daya Wadjo, Hadibah Zahra; Wessy, Yeheskel; Noya, Stelvia Wemly; Ikinamin, Yanto
LUTUR Law Journal Vol 5 No 1 (2024): Mei 2024 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.v5i1.11519

Abstract

Settlement of Infidelity Cases According to Customary Law in Lolotuara Village, Pulau Lakor District, Southwest Maluku Regency. The problem in this legal research is how to resolve cases of infidelity. In accordance with the problem formulation in this legal research, the problems found in the indigenous community in Lolotuara are cases of infidelity which occur either between husband and wife of another person or between a husband or wife and another man or woman outside of the husband and wife relationship. . That if the case of infidelity occurs, there are also customary fines that can be implemented by Saniri Negeri Lolotuara as a customary institution that upholds customary values ​​that have been violated by individuals in society. This research is a normative juridical research, a problem solving approach through a conceptual approach, a statutory approach and a case approach, then from the results of the description conclusions and suggestions can be drawn. The results of the research show that the resolution of cases of infidelity through customary criminal sanctions in Lolotuara Village is carried out by requesting responsibility for men to marry girls. If the woman is the wife of the person who committed the affair then a customary fine is implemented, if they do not comply with the request to marry the girl then it is implemented. Customary fines, if you are someone's wife then you are obliged to fulfill customary obligations, namely customary fines to the girl and the wife or husband of the person who has been harmed by the actions carried out by the parties. The mechanism for resolving and administering customary sanctions in Lolotuara can be accepted and implemented by customary sanctions because it is adhered to by the Lolotuara indigenous community and its existence is recognized in the national legal system. Due to this, the implementation of customary fines as a form of fulfilling customary obligations by the parties in cases of infidelity or adultery is still enforced in society because it has coercive power which is implemented by the Saniri of Lolotuara State, these customary sanctions are seen as fulfilling a sense of justice for Indigenous Peoples Lolotuara.
Telaah Kritis Aspek Hukum Perjanjian Lisan Jasa Titip Barang Sihite, Sri Rumada
LUTUR Law Journal Vol 5 No 1 (2024): Mei 2024 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.v5i1.12971

Abstract

A jastip business that offers purchases in a place in order to make a profit at each price of goods. Interestingly, this service is without capital because later users of goods delivery services and jastip entrepreneurs agree with the principle of trust. Promote services on social media then wait for orders given by delivery service users. The delivery service business which provides a number of benefits but not infrequently also encounters problems. This is because delivery service business people generally only buy goods after the buyer makes a payment. Different ways of transactions with those in the marketplace or online store that make sellers of goods delivery services have to buy goods first, until the goods arrive at the hands of buyers of goods delivery services. The problem raised by the author in this journal is how the laws and regulations see the rights of jastip users and jastip service providers, how to protect Jastip users against the goods they buy, and what are the legal consequences received by delivery service providers who default on the oral agreement experienced. The results of the study are. Risk is still a burden or borne by the seller who is still the legal owner of the goods, until such time as the goods are legally handed over to the buyer which means ownership has also transferred or moved to the buyer (transper of ownership), by having delivered the goods by the seller to the buyer, then the risk of the goods moving or switching is moving or switching from the seller to the buyer.
Penyelesaian Pembayaran Kredit Di Bank Akibat Meninggalnya Penerima Kredit Waas, Ferdy; Laturette, Adonia Ivonne; Haliwela, Nancy Silvana
LUTUR Law Journal Vol 5 No 1 (2024): Mei 2024 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.v5i1.13260

Abstract

In the Ambon District Court Decision, Number 84/Pdt.G/2019/PN.Amb, where the debtor on behalf of Alice de Fretes entered into an agreement credit with PT Bank Mandiri Ambon branch with collateral, namely 4 Certificates of Ownership, but over time the debtor did not make payments due to the debtor's death. Therefore, the Bank gave a warning to the heirs to continue paying the debtor's property, but they did not respond well. This writing aims to find out and explain credit settlements at banks due to the death of debtors. This paper uses a research method that is normative, namely research that is focused on providing a systematic explanation that regulates a particular category. The approach to the problem is the statute opproach and the conceptual approach and case approach. The collection of legal materials through primary legal materials is then linked to secondary legal materials. Management and analysis of legal materials is described qualitatively with the aim of describing the findings in the field. The results obtained form this writing are. Credit settlement at banks due to the death of the debtor is though consumer complaints or alternative Indonesia banking dispute resolution institutions. If the two options clearly fail to reconcile creditor dan debotrs, the dispute will be resolved through a simple lawsuit mechanism as a las resor or through litigation.
Korupsi dan Pengaruhnya Terhadap Investasi Asing Langsung di Negara – Negara Berkembang Salmon, Harly Clifford Jonas
LUTUR Law Journal Vol 5 No 1 (2024): Mei 2024 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.v5i1.13287

Abstract

According to the Big Indonesian Dictionary (KBBI), corruption is the misappropriation or attack of state funds (companies, organizations, foundations, and so on) for personal or other people's interests. Corruption is a complex and detrimental phenomenon that affects many aspects of life in developing countries, including foreign direct investment. Foreign direct investment has an important role in driving economic growth, creating jobs, and transferring technology in developing countries. However, corruption can be a serious obstacle to the attractiveness of such investments. Therefore, it is important to understand the effect of corruption on foreign direct investment in the context of developing countries. The purpose of this study is to analyze the effect of corruption on foreign direct investment in developing countries. The research method used is the normative method because in normative research it mainly uses library materials as a source of research data or also called (library research), the method used to collect data from various literature. Collection of legal materials through secondary legal materials then management and analysis of legal materials is described qualitatively. From the results of our research, corruption has a very negative effect on foreign direct investors or FDI in developing countries. This can prevent the entry of new foreign investors and affect the business continuity of existing companies. Investors usually choose countries with an open, fair and corruption-free business environment. Countries that wish to eradicate corruption, improve governance and increase legal certainty tend to be more attractive to foreign investors. Corruption also has negative impacts on developing countries such as uncertainties and risks for foreign investors, additional fees or bribes for foreign companies, and weak infrastructure for public services.
Membongkar Privasi: Pengungkapan Gugatan Perceraian di Media Sosial Sinaga, Roulinta Yesvery
LUTUR Law Journal Vol 5 No 1 (2024): Mei 2024 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.v5i1.13315

Abstract

The disclosure of divorce petition reasons on social media is often presented in written form. Divorce issues can become headlines in mass media, characterized by subjective perspectives from informants or sources explaining the reasons for the divorce. The viral divorce issue of Ria Ricis and Teuku Ryan on the Instagram account "lambe turah" became public consumption. The divorce petition reasons, including issues of marital intimacy, family involvement, and poor communication, sparked netizen discussions and negative comments. This study employs a normative juridical method to examine the disclosure of divorce petition reasons on social media through a case approach. It explores the application of legal norms in legal materials that are analyzed in depth. The study results indicate that the divorce petition process in court has strict rules, including the principle of closed sessions to protect the privacy of the parties involved. However, disclosing divorce petition reasons on social media can violate privacy, defame, and negatively impact children's well-being. Although there is no explicit prohibition, such disclosure can be legally accountable. Therefore, it is crucial to maintain confidentiality and adhere to applicable regulations when handling divorce cases.
Keamanan Dan Penyelesaian Sengketa Barang Milik Daerah Berupa Tanah Yang Dikuasai Pihak Ketiga Secara Sepihak Rahmadhani, Muhammad Sultan; Ansori, Ansori
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 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.v5i2.15582

Abstract

Analysis of security aspects and resolving disputes over regional property in the form of land controlled unilaterally by third parties is an important issue in regional asset management. In many cases, regionally owned land can become the object of dispute when third parties control it illegally or without legal permission. Literature studies show that resolving these disputes often involves complex legal, administrative and social aspects. Security in the management of regionally owned land can be threatened by illegal land control practices, which can harm the community and local government. The dispute resolution process usually involves various steps, ranging from mediation, arbitration, to litigation in court. Effective resolution requires a holistic approach, including cooperation between local governments, law enforcement officials and local communities. In this context, it is important to implement clear regulations and strict monitoring mechanisms to prevent unilateral land control. The literature study also emphasizes the need for legal education and awareness among the community so that they can identify and report illegal land tenure, as well as understand their rights regarding land ownership.
Nilai-Nilai Dan Hukum Duan Lolat Wessy, Yeheskel; Wessy, Lodwyk
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 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.v5i2.16088

Abstract

In accordance with the nature of nature, humans from birth until death live together with other humans. Or in other words, humans cannot live alone, separated from other human groups. Since time immemorial, humans have had a desire to gather with each other in a group, besides that, humans have had a desire to be in society. Aristotle stated that humans are zoon politicization, which means that humans as creatures basically always want to socialize and gather with fellow humans because humans are social creatures. Customary law contains a traditional nature, stems from the will of ancestors who are usually deified and custom is also considered to be based on the will of the gods. Customary law comes from customs. Customs are a collection of social rules that have existed for a long time, have become a tradition in society, and which are intended to regulate the order of that society. These rules are obeyed in a legal association. Not all customary rules are positive law. Because besides sanctioned customs, there are also non-sanctioned customs. The emergence of the Duan Lolat culture as the highest customary law (adatrecht) began with a form of marriage, which used to be understood that an ideal marriage was one that occurred within one's own circle, and it was forbidden to carry out marriages outside one's group. The social grouping system in what is called Duan Lolat does not construct standard social strata/classes like the caste system. Duan as the giver of the daughter, Lolat as the recipient of the daughter in a Tanimbar marriage, from which the marriage gives rise to their respective rights and obligations which should and should not be implemented from the time the marriage occurs up to a certain level of descent.
Perlindungan Hukum Bagi Debitur Terhadap Kreditur Pada Perjanjian Kredit Di Koperasi Simpan Pinjam Sapardi, Gabriela; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 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.v5i2.16171

Abstract

Law Number 17 of 2012 regulates cooperatives, one form of which is savings and loan cooperatives which aims to improve the welfare of members in particular and society in general, as well as being an inseparable part of a democratic and just national economic order, but in reality cooperatives savings and loans are very difficult for members or the community as debtors because the agreement is only made unilaterally, namely from the cooperative and there is no clarity regarding fines and interest if the debtor is late in paying, this makes the debtor feel very disadvantaged. This research method is a normative method that is descriptive. Which consists of research types, the problem approach used is a statutory approach and a conceptual approach, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials, procedures for collecting legal materials, and finally processing and analysis of legal materials. The research results show that the implementation of credit in savings and loan cooperatives begins with entering into a credit agreement, the parties have rights and obligations that must be fulfilled. Debtors are obliged to pay installments, fines and interest, while creditors have an obligation to pay installments, provide explanations and understanding to debtors about the contents of the agreement, payment of installments, fines and interest. Legal protection for debtors in credit agreements, namely preventive legal protection and repressive legal protection. Preventive Legal Protection means that the debtor receives clear information regarding the rights and obligations contained in the contents of the credit agreement between the debtor and the cooperative, while Repressive Legal Protection is an effort to resolve problems when a dispute occurs. In this case, the debtor can submit complaints and complaints to the Financial Services Authority (OJK) if they feel disadvantaged. Therefore, cooperatives must be more selective in providing loans to debtors, so that the loans provided do not have problems because this can disrupt the cooperative's finances. And the cooperative must supervise the debtor in using the loan so that the loan can be returned to the cooperative in accordance with the agreement. The government, in this case, the OJK, must increase supervision of savings and loan cooperatives, the OJK must supervise the regulations made by the cooperative. The community must increase financial literacy by providing gradual socialization about the benefits and risks of using cooperatives.
Perlindungan Konsumen Atas Hak Informasi Produk Endorsement Oleh Influencer Atau Selebgram Melalui Media Sosial Mochtar, Putri Aprilia; Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 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.v5i2.16172

Abstract

A trending advertising method is utilizing influencers on the Instagram platform, or often referred to as "celebrities". This concept is known as endorsement. It cannot be denied that currently there is a lot of illegal skincare and cosmetics circulating in society. There are even some illegal products that are promoted by influencers on social media platforms, where consumers are at risk of experiencing side effects due to the use of these products. Of course, this is contrary to the consumer protection law, Article 17 of the UUPK prohibits business actors from creating advertisements that mislead consumers about the quantity and quality of goods, and even the risks associated with their use. This research aims to find out how consumers are legally protected against endorsement product information promoted by celebs via social media. The research method used is normative juridical, using a statutory approach and a conceptual approach, the legal materials used are primary, secondary and tertiary. Collecting legal materials using literature study, and then analyzing them using qualitative analysis techniques. The results of this research show that legal protection for consumers, if there are consumers who suffer losses caused by business actors, legal regulations have provided a way for consumers to fight for their rights, legal protection for consumers is divided into two, namely preventive (preventing violations) and Repressive (which is the final stage) where business actors who are product endorsers or are endorsed influencers who carry out promotions and create advertising content through social media, have responsibilities based on the UUPK, Civil Code and Health Law. However, this requires the awareness of every consumer to actively defend their rights so that these are not violated by business actors who commit fraud when selling their products via online media.
Pengucapan Ikrar Talak Tanpa Kehadiran Istri Di Pengadilan Agama Jamaludin, Muhammad Juhasa; Angga, La Ode; Nabila, Syadzwina Hindun
LUTUR Law Journal Vol 5 No 2 (2024): November 2024 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.v5i2.16173

Abstract

Divorce Case No. 326/Pdt.G/2022/PA.AB in which the Respondent (Wife) has been properly and officially summoned by the court, but the Respondent (Wife) never attended and did not send her attorney to represent her in the trial process until the Declaration of Divorce by the Applicant (Husband), however, the panel of judges still allowed the Applicant (Husband) to pronounce the Declaration of Divorce after the verdict of the Divorce case was issued, then a Divorce Certificate was issued which clearly explained the condition of the Respondent (Wife) at the time of the Declaration of Divorce. based on the Compilation of Islamic Law (KHI) Article 149 is obliged to provide maintenance to the Respondent (his wife), or at least the Respondent (his wife) must be present to ask for maintenance in accordance with KHI Article 119 Paragraph 2 Letter b, and other things that need to be considered by the panel of judges as always stated in the Divorce Certificate, namely, seeing the status of the wife in a state of purity, menstruation or in a state of pregnancy or not at the time the divorce vow was pronounced according to Article 122 of the KHI. The type of research used in this study is normative juridical. The results of this study are that according to Islamic law, the applicant in the divorce case of the divorce vow number 326 / Pdt.G / 2022 / PA.AB has met the requirements required in Islamic law to pronounce the divorce vow. However, because the wife was not present in the trial, the judge should not have fulfilled the legal requirements to allow the applicant to pronounce the divorce vow because Article 119 Paragraph 2 of the KHI point b regarding the divorce vow with ransom or khuluk (iddah and mut'ah maintenance) and the wife's condition which must be stated in the divorce certificate according to Article 122 of the KHI have not been fulfilled, so that the pronouncement of the divorce vow in the case is considered invalid according to law. That in order to protect the wife's rights legally and ensure the wife's condition as an additional requirement for the validity of the divorce certificate, the wife's presence in court is a significant factor for the court in carrying out its legal process fairly and ensuring that the decision taken not only takes into account the provisions of religious law, but also takes into account aspects of humanity and social justice.

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