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Muchtar A H Labetubun
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Program Studi Hukum PSDKU Universitas Pattimura Kabupten Maluku Barat Daya Email: luturlawjournal@gmail.com
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INDONESIA
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 63 Documents
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Civil Law Aspects of Child Protection Due to Early Marriage Baharuddin, Wahdaniah
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.v6i2.22786

Abstract

Early marriage remains a concerning phenomenon in West Sulawesi Province despite the minimum age requirement of 19 years as stipulated in Law Number 16 of 2019 on Marriage. The frequent granting of marriage dispensation by the courts weakens the principle of child protection as mandated by Law Number 35 of 2014 on Child Protection. This study aims to analyze the civil law consequences arising from early marriage and to assess the extent to which Indonesia’s positive legal instruments provide effective protection for children in West Sulawesi. This research employs a normative juridical method with statutory and conceptual approaches. Data were obtained through library research involving primary, secondary, and tertiary legal materials, which were analyzed using a qualitative descriptive method. Early marriage results in uncertainty regarding the civil status of the child, weak parental responsibilities, and violations of the principle of legal capacity. The implementation of civil law norms in West Sulawesi remains ineffective due to cultural, economic, and educational factors. Strengthening substantive and humanistic civil law mechanisms is therefore necessary to ensure fair and effective child protection.
Plea Bargaining As A Reform of Criminal Procedural Law To Realize The Principle Of Swift, Simple, And Low-Cost Justice Ngilawane, Cavin George; Pieter, Salvadoris; Tajuddin, Mulyadi Alrianto
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.v6i2.24046

Abstract

The Indonesian judicial system faces persistent challenges, including chronic case backlogs and severe prison overcrowding, which undermine the constitutional principle of swift, simple, and low-cost justice. This study explores the necessity of integrating Plea Bargaining into Indonesian criminal procedural law through the "Special Track" (Jalur Khusus) mechanism proposed in the Draft Criminal Procedure Code (RUU KUHAP). Employing normative legal research and a comparative approach—examining legal frameworks in the United States, England, and the Netherlands—the research identifies that Indonesia’s proposed model adopts a "pleas without bargains" framework. This model is intentionally designed to bypass corruptive negotiations while maintaining judicial control. The findings demonstrate that the Special Track streamlines the trial process by shifting ordinary examinations into abbreviated procedures for offenses carrying a maximum seven-year penalty, offering a mandatory sentence reduction of up to one-third. Furthermore, this study critically analyzes potential implementation hurdles, such as the risk of coerced confessions, the need for standardized judicial discretion, and the prevailing retributive legal culture in Indonesia. The research concludes that while the Special Track is a vital administrative tool for judicial efficiency, its success depends on rigorous judicial oversight to ensure that procedural speed does not compromise material justice or the defendant's fundamental rights.
Implications of the Application of Critical Race Theory to Racial Inequality and Racism in Indonesia Herdiawan, Herdiawan; Ramadhani, Nur Laila; Arifin, Alziqry; Kaulika, Rafifah Aqila Wafa; Elviandri, Elviandri
LUTUR Law Journal Vol 7 No 1 (2026): May 2026 LUTUR Law Journal (In Progress)
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.v7i1.23998

Abstract

This study begins with the understanding that race is not a biological entity but rather a social construct shaped by history, politics, and power relations. The research method used is qualitative with a historical approach through a literature study of primary and secondary legal sources related to the development of Critical Race Theory (CRT). The results of the study show that the history of CRT has succeeded in exposing the issue of skin color differences that have been used to justify the positions of those in power, who have always been considered to favor white people. Even though society is required to think rationally in relation to organizations and institutions, certain groups are still being discriminated against today. CRT has provided the principle that exploring the structure of liberal principles must be gradual and objective. Based on this principle, CRT can reveal power structures that are often alienated and have a racial character towards American society. Thus, through these principles, CRT has great potential to understand the situation of practices that disadvantage certain groups, such as in education, the legal system, or citizens' rights in accessing life in their country. The implication of applying CRT to race and racism in Indonesia, with its ethnic and cultural diversity, is that injustice is not merely personal, but rather that inequality arises from those who hold power in this regard, such as social, economic, and political structures. Thus, CRT has exposed the structures of inequality and offered a new perspective on racial differences and racism in Indonesia.

Page 7 of 7 | Total Record : 63

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