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Muchtar A H Labetubun
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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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Legal Protection for the Dominus in Acts of Zaakwarneming Tomasoa, Juliane Irene; Berlianty, Teng; Saija, Ronald
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.v6i1.22888

Abstract

.An incident that often occurs in the life of others is an act without orders from others or voluntary help, this act is called Zaawarneming. Juridical-normative legal research using the Legislation approach, Conceptual approach related to the problem being studied. The findings of this study are that Dominus' protection in the Civil Code includes the Manager's obligation to account for its actions, Dominus' right to reject or accept the Manager' s actions, the Manager's obligation to compensate for damages, Dominus not paying wages to the Manager, and Dominus' right to terminate the act of Zaakwarneming. Currently, existing legal rules focus more on regulating the rights and obligations of Dominus (the owner of the interest) without providing sanctions or a clear compensation mechanism for Dominus if the Gestor (the party carrying out the management act) makes a mistake.
The Effect of the Constitutional Court Decision Number: 46/PUU-VIII/2010 on the Inheritance Rights of Out-of-Wedlock Children in Islamic Inheritance Law Sanmas, Dwi Anggriani Salsabila A A; Uktolseja, Novyta; Labetubun, Muchtar Anshary Hamid
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.v6i1.22890

Abstract

This article examines the issue of inheritance rights for out-of-wedlock children from the perspective of Islamic law and Indonesian national law, particularly in the aftermath of Constitutional Court Decision Number: 46/PUU-VIII/2010, which marked a shift in the recognition of the civil status of out-of-wedlock children in relation to their biological fathers. This article aims to analyze the impact of Constitutional Court Decision Number: 46/PUU-VIII/2010 on the legal inheritance status of out-of-wedlock children within the frameworks of Islamic law and Indonesia’s national legal system. This study employs a normative juridical method with a statutory and conceptual approach. Data sources include primary and secondary legal materials. The research findings indicate that the Constitutional Court decision grants civil legal recognition to out-of-wedlock children with regard to their biological fathers, provided that the relationship can be proven through scientific means or valid legal evidence. This ruling broadens the inheritance rights of out-of-wedlock children under national law. However, in Islamic legal tradition, lineage (nasab) remains the principal basis for inheritance, leading to a tension between sharia principles and state law. The decision also opens a discourse on the harmonization of Islamic law and national law in order to protect the rights of children.
Validity of the General Meeting of Shareholders after the Expiration of the Term of Office of the Board of Directors and Board of Commissioners Nirahua, Sabrina Daniella; Kuahaty, Sarah Selfina
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.v6i1.22891

Abstract

..The General Meeting of Shareholders is one of the organs of the company that has other authorities where this authority cannot be given to the Board of Directors or Commissioners. The purpose of this research is to review and explain the mechanism for the implementation of the General Meeting of Shareholders by the Shareholders in ensuring the validity of the actions taken when the board of directors and the board of commissioners have ended their term of office and to review and elaborate on the binding power of the appointment of the board of directors and board of commissioners without the consent of the shareholders. The method used is normative juridical with Case Approach, Conceptual Approach, and uses primary, secondary and tertiary legal materials. The results of this study show that the mechanism for the implementation of the General Meeting of Shareholders by the Shareholders in ensuring the validity of the actions taken if the board of directors and the board of commissioners have ended their term of office, if the General Meeting of Shareholders is held wit the permission of the court, then other shareholders can attend the General Meeting of Shareholders aforementioned. Then the appointment of the board of directors and the board of commissioners without the consent of the shareholders and not appointed through the appropriate General Meeting of Shareholders is invalid and null and void for the sake of law so that it does not have binding force.
Position of Joint Property in Toba Batak Traditional Marriage Sinaga, Febri Yanti Angela; Radjawane, Pieter
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.v6i1.22901

Abstract

Joint property in Batak Toba customs is wealth obtained by both husband and wife since the marriage, both property given as household equipment after the marriage such as panjaean for men and pauseang for women, as well as property from the hard work of husband and wife. Problems occur when the rights of widows who do not have children in the division of joint property in Batak Toba customs often become a problem in family life. This study aims to determine and examine the position of joint property in Batak Toba customary marriages and the procedure for dividing joint property in Batak Toba customary marriages that do not have children. Through normative legal methods with qualitative methods. Based on this study, the position of joint property in Batak Toba customary marriages is basically no separation of joint property and inherited property. All property included in the marriage bond becomes joint property. The position of joint property according to Batak Toba customs in marriage is the joint property of husband and wife. The procedure for dividing joint property in Batak Toba customary marriages that do not have children involves decisions based on customs and family deliberations. Batak Toba customs do not recognize the procedure for dividing by calculation but are based on considerations, considering the form of objects and the needs of the heirs concerned. Batak Toba customs if the husband dies and does not have children, the joint property obtained during the marriage will belong to the husband's family.
Criminal Aspects of Passive Vote Buying in the Conduct of General Elections in Indonesia Alakaman, Nesti Yusticiadewi; Latupeirissa, Julianus Edwin; Latumaerissa, Denny
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.v6i1.22902

Abstract

In the process of conducting general elections, there are often actions that disrupt democratic order, and in reality, many violations lead to a decline in general election quality; one key issue is money politics, especially vote buying. Data, surveys, and documented cases show that those who make promises, offer money, or provide other material incentives (active vote buying) are more often prosecuted than the recipients (passive vote buying) during general elections. This issue is linked to the lack of regulations that address passive vote buying. The purpose of this article is to examine and analyze the forms of money politics in the conduct of general elections and the measures of legal enforcement in the act of passive vote buying. This article uses a normative legal research, with a statutory approach, a case approach, and a conceptual approach. The results of the research show that 1. The forms of money politics in general elections include various types, such as vote buying, vote brokers, political corruption, serangan fajar, mass mobilization, and money politics at different levels: upper, middle, and lower; 2. The efforts of law efforcement to address passive vote buying involve applying Article 149 paragraphs (1) and (2) of the Indonesian Criminal Code, which clearly covers both active and passive vote buying, and it also aim to reform criminal law by regulating both active and passive vote buying in future general election law (ius constituendum).
Embargo as an Act of International Law Enforcement Silooy, Charlos Josse; Wattimena, Josina Augustina Yvonne; Riry, Welly Angela
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.v6i1.22903

Abstract

,,This research was motivated by the invasion carried out by Russia against Ukraine, which caused other countries such as the United States and its allies to take a stance by imposing an embargo on Russia. The purpose of this study is to determine whether an embargo can be implemented as a law enforcement measure and its impact on countries that violate international law. The research method used in this study is normative legal research, namely by analyzing legal problems in laws and regulations that are related to the problem being studied. The problem approach used is a conceptual approach, using primary legal material sources as a reference to complete the writing and collection of legal materials carried out using library techniques. Based on the research results, an embargo can be carried out as an international law enforcement measure by the Security Council as regulated in Article 41 of the UN Charter as an action that does not use armed force (non-military) in maintaining world security and peace. An embargo is an international law enforcement measure that is soft in the sense that this action is gentle and not harsh like the use of aggressive military. The impact of an embargo on a country that violates international law against another country such as Russia does not have a significant impact. However, the impact of implementing an embargo is that the embargo can put pressure on countries that violate international law to return to complying with international law. The implementation of an embargo must be carried out carefully so that it does not have a broad impact on human rights such as women, children and the elderly.
Aspects of Civil Law in Wedding Organizer Service Agreements with Installment Payments Sihite, Sri Rumada
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.v6i2.22560

Abstract

Current developments have made various aspects of human life easier, one of which is asking other parties to take responsibility for managing all aspects of a wedding, known as a wedding organizer. However, wedding organizer agreements do not always run smoothly. There are many legal issues that arise from wedding organizer agreements, one of which is default, where the WO agreement does not match the agreement. This is what attracted the author to conduct research on wedding organizers, Research method: The type of research used is normative legal research using a state approach. The legal sources used are primary law, secondary legal materials, and tertiary law. Research results: It is explained that the civil law aspects of the legal subjects who enter into the agreement are competent and have fulfilled the elements of a valid agreement, namely agreement and legal protection for the users of wedding organizer services, namely that the party in breach of contract can refer to Articles 1243 and 1246 of the Civil Code, namely that if one party fails to fulfill its obligations in the agreement, it can claim compensation such as costs, compensation, and interest.
Keadilan Restoratif Implementation of the Concept of Restorative Justice in the Settlement of Misdemeanor Crimes Wessy, Yeheskel
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.v6i2.22699

Abstract

Restorative justice is an alternative approach in the criminal justice system that focuses on recovering losses suffered by victims, the responsibility of the perpetrator, and the involvement of the community in solving criminal acts. This approach does not focus on punishment, but on the restoration of relationships damaged by crime and participatory settlement between victims, perpetrators and social communities. The unity of the indigenous peoples of Southwest Maluku Regency adheres to the culture of Kalwedo and Snyoli Lyeta/Niolilieta/Hiolilieta/Siolilieta (coexistence well) as a culture that is also the highest guideline of life and kinship applied in daily life that regulates kinship relations between individuals and between families in the integrity of life as a customary community. This study is an Empirical Juridical Research that explores the issues through conceptual, statutory, and case approaches. Based on these methods, conclusions and recommendations are formulated. The research and analysis employ the framework of the Criminal Justice System, the concept of Restorative Justice, Indigenous Communities, and the Theory of Balance in assessing the implementation of restorative justice in resolving minor offenses. The findings confirm that in every minor criminal offense committed within the indigenous legal community of Southwest Maluku, axiological values namely the customary values of Kalwedo and Snyoli Lyeta/Niolilieta/Hiolilieta/Siolilieta take precedence over national criminal law (material criminal law). These values serve as legal principles to resolve the offense through non-penal means based on the concept of restorative justice, by imposing customary obligations that require the offender to compensate the victim. This form of simple justice, carried out through customary proceedings, aims to halt the formal criminal process, thereby reducing the burden on law enforcement subsystems and minimizing the state’s financial expenditure related to the prosecution and imprisonment of minor offenders.
Implementation of the Principle of Legal Certainty in Implementation of the State Administrative Court Decision Baranyanan, Soeleman Djaiz
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.v6i2.22734

Abstract

The implementation of the State Administrative Court's decision is a crucial element in upholding the rule of law in the field of state administration. However, the practice often faces obstacles such as non-compliance of State Administrative officials and limitations of execution mechanisms. This study analyzes juridically the procedure for implementing the decision of the State Administrative Court based on Law Number 51 of 2009 concerning the State Administrative Court, focusing on obstacles and potential solutions. This study uses a normative approach with doctrinal analysis and case studies, the results of the study show that automatic execution and strengthening of administrative sanctions are necessary to ensure legal certainty.This study examines the implementation of the principle of legal certainty in the implementation of the decisions of the State Administrative Court in Indonesia. Although the State Administrative Court's decision has binding legal force, challenges in its implementation often erode legal certainty for justice seekers. This article analyzes the legal framework that governs the implementation of the State Administrative Court's rulings, identifies the factors that hinder the certainty of implementation, and offers juridical and institutional solutions to strengthen the implementation of the principle of legal certainty. Using normative legal research methods supported by empirical data from decisions and execution practices, this study argues that regulatory reformulation and strengthening external supervision are crucial to ensure legal certainty and effectiveness of the State Administrative Court.
The Effectiveness of Legal Arrangements for Domestic Tourists Victims of Discrimination in Tourist Areas Pebrina, Ni Putu; Kurniawan, I Gede Agus; Nandari, Ni Putu Sawitri; Prasada, Dewa Krisna
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.v6i2.22875

Abstract

Discrimination against domestic tourists in popular tourism areas, such as Canggu in Badung Regency, raises serious concerns regarding consumer protection and social justice. As a state governed by law, Indonesia has established various legal instruments to safeguard the rights of consumers, including tourists, from discriminatory practices. However, challenges arise when the implementation of these regulations does not align with the spirit of legal protection mandated by statutory law. This situation reflects a gap between the normative framework and the practical reality in the field. This research aims to examine the legal position and responsibility of business actors toward domestic tourists who experience discrimination, as well as to assess the effectiveness of Indonesia’s positive law in providing real protection. The study adopts a normative legal research method (doctrinal research) employing both statutory and conceptual approaches. The data are drawn from national legislation, regional regulations, legal doctrines, and relevant scholarly literature. The findings reveal that business actors in the tourism sector bear clear legal responsibilities under the Consumer Protection Act, the Tourism Act, and regional regulations of Bali Province and Badung Regency, which emphasize the principle of non-discrimination. The novelty of this research lies in its in-depth analysis of the effectiveness of local regulations in addressing discrimination against domestic tourists, an issue that has received less attention compared to the protection of international visitors. This study contributes by highlighting the urgency of strengthening implementation, supervision, and accessible complaint mechanisms to ensure that the legal framework operates effectively in protecting domestic tourists.

Page 6 of 7 | Total Record : 61

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