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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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Hubungan Antara Tindak Pidana Korupsi Dan Kerugian Ekonomi Negara Salmon, Harly Clifford Jonas
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.v5i2.16218

Abstract

Corruption in the public sector harms the economy and public welfare, especially in the management of the state budget and basic services. Misuse of public funds hampers the development of infrastructure, education, health, and creates sharp social inequalities. Corruption also undermines public trust in government, lowers productivity and the country's competitiveness, which slows economic growth and increases poverty. In economic criminal law, corruption is specifically regulated in Law No. 31 of 1999. This research aims to examine the relationship between the crime of corruption and its impact on state economic losses from the perspective of economic criminal law. This research uses normative juridical method with statute approach and literature data collection. Data sources include primary legal materials (1945 Constitution, Law No. 31/1999, Emergency Law No. 7/1955), secondary (journals, books, scientific works), and tertiary (news articles, encyclopedia). The analysis was conducted using content analysis. Corruption has a significant impact on state economic losses through abuse of power, bribery, embezzlement and collusion. Corruption inhibits investment, slows economic growth, increases unemployment, and triggers poverty. Law No. 31/1999 regulates sanctions for actions that harm the state's finances and economy Its far-reaching impacts include budget wastage, poor quality of public services, and inefficient use of resources. Distrust in government due to corruption also discourages foreign investment. Eradicating corruption is therefore key to promoting sustainable development and improving the country's overall economy.
Pertanggungjawaban Hukum Pengelola Parkir Terhadap Kehilangan Kendaraan Di Makassar Berdasarkan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Baharuddin, Wahdaniah
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.v5i2.16250

Abstract

The management of motorized vehicle parking in Makassar City is one of them carried out by parking services owned by the Makassar City government, namely the Makassar Raya Parking Company of Makassar City. The main problem in the management of parking services is the safety and comfort of vehicles parked at the parking service management site, this is felt by consumers due to a lack of responsibility by the parking service, such as it is not clear who is responsible if a vehicle is lost while still in the parking lot. This study aims to determine the implementation of the legal responsibility of parking managers for the loss of two-wheeled motorized vehicles based on Law Number 8 of 1999 concerning Consumer Protection in Makassar City. This research is a descriptive perspective. This type of research is normative legal research. The approach is carried out by examining the literature or literature study and directly observing conditions in the field related to the problem under study and conducting interviews with the Makassar Raya Parking Area company. The sources of legal materials used are primary and secondary legal materials which are then interpreted and analyzed qualitatively. The implementation of the legal responsibility of parking managers for the loss of two-wheeled motorized vehicles in Makassar City under the auspices of the Makassar Raya Parking Company is not in accordance with Law Number 8 of 1999 concerning Consumer Protection. Based on Article 18 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection, the inclusion of standard clauses by business actors in parking services stating the transfer of responsibility of business actors is prohibited, and based on Article 18 paragraph (3) of the Consumer Protection Law, the clause is declared null and void.
Problematika Tambang Ilegal Dalam Perspektif Hukum Pidana Di Indonesia Fadillah, Astuti Nur
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.v5i2.16272

Abstract

The 1945 Constitution of the Republic of Indonesia states that the earth and water and the natural resources contained therein are controlled by the state and used for the greatest prosperity of the people. The state has the right to manage and control natural resources, which will be used for the prosperity of the people. However, the polemic about the rise of illegal mining carried out by irresponsible individuals, whether carried out traditionally or using heavy equipment, is very disturbing. Law enforcement is one of the steps that can be taken to handle illegal mining cases. The use of criminal legal instruments can be used in law enforcement against illegal mining cases. Mining without a permit violates the criminal provisions of Article 158 of Law Number 3 of 2020 concerning Amendments to Law Number. 4 of 2009 concerning Mineral and Coal Mining. Mining activities have a direct physical impact on the environment, such as loss of resources and environmental damage during the mining process and even after mining is carried out.
Tindakan Faktual Pemerintah dalam Pelaksanaan Putusan Peradilan Tata Usaha Negara Baranyanan, Soeleman Djaiz
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.v5i2.16317

Abstract

This study analyzes government compliance with State Administrative Court decisions and the factual impact of such implementation in the Indonesian legal system. Given that compliance with State Administrative Court decisions is part of the supremacy of law and citizen rights, this study will explore inhibiting factors and strategies to improve compliance. Law Number 5 of 1986 concerning State Administrative Courts and its amendments regulates the government's obligations in implementing State Administrative Court decisions. In addition, Law Number 30 of 2014 concerning State Administration also contains provisions relating to the discipline and authority of state administrative officials in implementing decisions. This study uses a juridical-normative method to examine the laws and regulations governing the implementation of State Administrative Court decisions. Legal certainty is a guarantee that laws are made, interpreted, and applied in accordance with clear and logical rules, so as not to provide room for arbitrariness. An integrated legal and administrative strategy is essential to increase compliance with State Administrative Court decisions. Compliance with decisions of the State Administrative Court is an important element in ensuring the principle of the rule of law. However, in practice, the implementation of State Administrative Court decisions is often hampered by various interrelated factors. These obstacles can be categorized into three main aspects, namely normative, structural, and cultural factors.
The Influence of Island Group Development on the Fulfillment of Equitable Energy Tianotak, Nasarudin; Tjoanda, Merry; Laturette, Adonia Ivonne; Latupono, Barzah
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 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.v6i1.21958

Abstract

Article 18A paragraph (1) of the 1945 Constitution also stipulates that: The authority relationship between the central government and provincial, district and city regional governments, or between provinces and districts and cities, is regulated by law taking into account regional specificities and diversity. Seeing the importance of marine areas above, the Indonesian government should have a legal policy for developing marine areas. One of the island groups that can be found in Indonesia is located in Maluku. However, this goal of being a state cannot be fully realized, because a number of regions in the archipelagic region do not receive fair and harmonious treatment with other regions. To answer legal issues, researchers use normative juridical research. The research approaches used are the Legislation Approach, Comparative Approach, Conceptual Approach. The development of island groups towards the fulfillment of equitable energy in archipelagic provinces is carried out by formulating national energy policies which include energy availability for national needs, energy development priorities, utilization of national energy resources and national energy buffer reserves, energy supply policies and priorities for energy and reserve development. National Energy Administration is directed at ensuring the security of the national Energy supply through the proportional use of Energy Resources, both non-fossil Energy Resources such as geothermal, biomass, water flow and waterfall power, solar power, wind power, nuclear power, movement power and temperature differences in sea layers, as well as fossil Energy Resources such as petroleum, coal, natural gas, coal methane gas.
Land Procurement for the Public Interest Ganggas, Fansiska Vivi; Laturette, Adonia Ivonne; Angga, La Ode; Latupono, Barzah
LUTUR Law Journal Vol 6 No 2 (2025): November 2025 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.v6i2.22013

Abstract

The construction of various public facilities and other infrastructure requires land in large quantities and varying in size depending on the needs of a region. At the same time, as the population increases, there is less and less land available, and because the State does not have land for the construction of various public facilities and other infrastructure for the public interest mentioned above, efforts are needed to procure land for the construction of various public facilities and infrastructure. This research is a normative legal research, using a problem approach that includes the statutory approach (Statute Approach) and the conceptual approach (Conceptual Approach) as well as the case approach. With the statutory approach (statute approach) it is intended that as a legal research, the answer to the legal issue of this research uses related statutory regulations, and with these statutory regulations the relationship between one regulation and another can be analyzed as an inseparable series, especially statutory regulations related to the land acquisition process on customary lan. Public land acquisition for the benefit of objects with customary land ownership is customary land acquisition for the public interest that involves the recognition of customary rights through a deliberation process and appropriate compensation, based on the principles of humanity, justice, and welfare. The implementation of this land acquisition is regulated by Law Number 2 of 2012 and its implementing regulations, which mandate the involvement of customary law communities, customary leaders, and relevant agencies in the planning process through to the transfer of land rights.
Critical Notes on the "Tangled Threads" of Norms for Preventing and Handling Sexual Violence in the Higher Education Environment Muammar, Muammar; Taufik, Iqbal
LUTUR Law Journal Vol 6 No 2 (2025): November 2025 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.v6i2.22025

Abstract

This paper aims to analyze, examine and criticize the norms of the Regulation of the Minister of Education and Culture on the Prevention and Handling of Sexual Violence which in substance still leaves a number of "tangled threads" to be resolved. The approach methods used in this paper are the statute approach, the conceptual approach, and the analytical approach. The Regulation of the Minister of Education and Culture on the Prevention and Handling of Sexual Violence, which was passed in 2022, actually aims to prevent and handle sexual violence in the university environment. However, the existence of these norms still leaves various problems that should be resolved so that the mission of the norm can be carried out effectively. These problems include, first, the nuances of contadicitio in terminis between the norm numbering and the substance that is the object of the norm. Second, the extension of terms in the norm is excessive and not in line with the true meaning of sexual violence. Third, objects (acts) that are categorized as sexual violence deviate from the proper legal concept. Fourth, it still opens gaps and opportunities for sexual violence to occur with the phrase "without the consent of the victim". Fifth, it raises the potential for a conflict of derogation principles between the lex superior derogate legi inferiori and the lex specialis derogate legi generali. Therefore, in the future, it is necessary to make revisions for the sake of improvement, so that the problem in question can be solved properly.
Settlement of Domestic Violence Crimes Through Restorative Justice Rumangun, Johan Pieter Elia
LUTUR Law Journal Vol 6 No 2 (2025): November 2025 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.v6i2.22519

Abstract

Domestic violence (DV) is a serious problem that impacts victims not only physically but also psychologically and socially. In Indonesia, domestic violence is a pressing social issue that requires effective resolution. According to data from the National Commission on Violence Against Women, the rate of domestic violence in Indonesia continues to rise, encompassing physical, psychological, sexual, and economic violence. The persistence of this problem indicates that the system for handling domestic violence cases still faces numerous challenges. This research is empirical and juridical. The research method is descriptive-analytical. The legal sources used are primary legal materials, secondary legal materials, and secondary legal materials. Data collection techniques used were interviews and questionnaires. The results indicate that resolving domestic violence cases through restorative justice involves several key factors: Investigators consider the severity of the violence, the perpetrator's willingness to take responsibility, and the goodwill of both parties to resolve the issue peacefully. Investigators at the Aru Islands Police Department focus on restoring relationships between perpetrators and victims, with the goal of reducing long-term social and psychological impacts and avoiding a backlog of cases in court. Restorative Justice has demonstrated significant effectiveness in resolving Domestic Violence (DV) cases when implemented appropriately. This approach provides space for perpetrators to take responsibility for their actions, for victims to receive psychological recovery, and to repair damaged relationships. However, its effectiveness depends heavily on several factors, such as the perpetrator's readiness to accept responsibility, the victim's willingness to participate, and support from law enforcement officials in terms of counseling and guidance.
Criminal Act of Child Neglect in the Household Marlissa, Indah Glodia; Adam, Sherly; Sopacua, Margie Gladies
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 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.v6i1.22884

Abstract

Children are one of the groups who often become victims of discrimination, violence and exploitation. As a legal state based on Pancasila as the ideology and foundation of a state that upholds the values ​​of social justice, Pancasila has the aim of achieving balance, or harmony and being able to embrace society. The purpose of this paper is to analyze and discuss the regulation of the crime of child neglect in the household scope in laws and regulations and to analyze and discuss the form of the crime of child neglect in the household scope. The type of research used is normative legal research. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary legal materials and secondary legal materials. The procedure for collecting legal materials through literature studies. Qualitative processing and analysis of legal materials. The results of the study show that the regulation of the crime of child neglect in laws and regulations is regulated in the Criminal Code (old), the Child Protection Law, the Domestic Violence Law and Law Number 1 of 2023 concerning the Criminal Code (New). Child neglect is more explicitly regulated in the Child Protection Law. This is based on Article 9 paragraph (1) of the Domestic Violence Law where the provisions indicate that the regulation of the crime of neglect is not limited to children, but rather to a wider scope. Therefore, when the Domestic Violence Law is compared with the Child Protection Law, it is clear that the Child Protection Law specifically regulates child neglect. The results of further research show that child neglect is a form of domestic violence and is included in the category of criminal acts or acts prohibited by criminal law and perpetrators of domestic neglect can be subject to sanctions. The forms of child neglect in the household are physical neglect, educational neglect, emotional neglect and medical neglect.
Criminal Responsibility for Perpetrators of Pornography Crimes Usmany, Berly; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
LUTUR Law Journal Vol 6 No 1 (2025): May 2025 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.v6i1.22885

Abstract

This article analyzes the process of determining a suspect through a preliminary examination process against a perpetrator of a crime based on applicable legal regulations. Determination of a suspect as referred to, is carried out through a case title mechanism. The purpose of this writing is to examine and analyze the criminal responsibility of the perpetrators in the pornographic videos that are distributed and to analyze and analyze the judge's considerations in imposing criminal sanctions on the perpetrators of the pornographic videos that are distributed. The research method used in analyzing and discussing this research is a type of normative legal research that uses secondary legal materials as initial data to then be continued with primary legal materials or field data and tertiary legal materials that support and provide an understanding of primary legal materials and secondary legal materials over other legal materials. The legal materials that are prioritized come from literature studies, relying on scientific books such as criminal law literature, scientific magazines, and documents, then using three research approaches consisting of the Legislation approach, conceptual approach, and case approach. The results of the study show that a person being named a suspect must go through an examination process and must have at least 2 (two) sufficient pieces of evidence to prove that a crime has indeed occurred and the person suspected of committing the crime has been supported by 2 (two) pieces of evidence that can justify the occurrence of a crime and Legal Efforts against the determination of a suspect without an examination process, namely through Pretrial Legal Efforts and Civil Legal Efforts.

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