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Muchtar A H Labetubun
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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 74 Documents
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Civil Law Aspects of Child Protection Due to Early Marriage Wahdaniah Baharuddin
LUTUR Law Journal Volume 6 Issue 2 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 Cavin George Ngilawane; Salvadoris Pieter; Mulyadi Alrianto Tajuddin
LUTUR Law Journal Volume 6 Issue 2 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; Nur Laila Ramadhani; Alziqry Arifin; Rafifah Aqila Wafa Kaulika; Elviandri Elviandri
LUTUR Law Journal Volume 7 Issue 1 May (2026): 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.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.
Enforcement of the Police Professional Code of Ethics for Members of the National Police Perpetrators of Sexual Violence Against Children La Jagole; Hadibah Zachra Wadjo; Astuti Nur Fadillah; Judy Marria Saimima
LUTUR Law Journal Volume 7 Issue 1 May (2026): 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.v7i1.23750

Abstract

This article analyzes the mechanism for enforcing the National Police's professional code of ethics against members who are proven to have committed sexual violence against children in the jurisdiction of the Maluku Police. The purpose of this study is to find out and examine the effectiveness of the ethics enforcement mechanism and identify inhibiting factors in its implementation. This study uses empirical juridical law research methods with a focus on normative approaches such as statute approach and conceptual approach. Data collection was carried out through document studies and interviews with the Maluku Police Internal Affairs Division and related units. The findings of the study show that the ethics enforcement mechanism regulated in Police Regulation Number 7 of 2022 is empirically still sub-optimal, characterized by the postponement of ethics hearings until a criminal verdict has permanent legal force. The main inhibiting factors include the lack of Propam personnel, dependence on criminal processes, an unintegrated reporting system, and an organizational culture that is resistant to transparent and firm enforcement. This shows the inequality between regulation and the reality of implementation, which demands a thorough internal reform to restore institutional integrity.
Reconstruction of Online Gambling Law Enforcement: Symptoms of Decriminalization or Manifestations of Restorative Justice Yuni Astriana; Mompang L Panggabean; Rospita Adelina Siregar
LUTUR Law Journal Volume 7 Issue 1 May (2026): 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.v7i1.24542

Abstract

This study analyzes the legal implications due to the revocation of the norm of the criminal threat of online gambling in Article 45 paragraph (3) of the Electronic Information and Transaction Law through Law Number 1 of 2024. The legal gap between the ban that remains in effect and the sanctions that are removed raises law enforcement problems. The research method uses a normative juridical approach, this study examines the status of decriminalization and the prosecution transition strategy based on the principles of lex specialis derogat legi generali and lex favor rei. The results of the study show that the revocation cannot be interpreted as decriminalization, because the substance of the gambling ban is still regulated in the Criminal Code. The solution to handling cases, both existing and new, is to transfer the legal basis to Articles 426 and 427 of the Criminal Code. The technical strategy involves coordinating law enforcement and issuing the Minutes of Delik Adjustment to ensure legal certainty and justice during the transition period.
Synchronization of Central-Regional Authority in Integrated Mining Licensing Management Muhammad Irfan; Subekti Subekti
LUTUR Law Journal Volume 7 Issue 1 May (2026): 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.v7i1.24560

Abstract

This study aims to juridically analyze the synchronization of central and regional authorities in the management of integrated mining licenses through the Online Single Submission Risk Based Approach (OSS-RBA) system. The problems studied focus on the overlapping authority between the Ministry of Energy and Mineral Resources and the Ministry of Environment and Forestry in the practice of mining licensing, even though an integrated licensing system has been normatively implemented after the enactment of the Job Creation Law. This research uses normative legal research methods with a legislative approach and a conceptual approach. Primary legal materials include Law Number 3 of 2020 concerning Mineral and Coal Mining, Law Number 41 of 1999 concerning Forestry, and Government Regulation Number 5 of 2021 concerning the Implementation of Risk-Based Business Licensing, which are analyzed together with secondary legal materials in the form of doctrine and scientific journals. The results of the study show that OSS-RBA has integrated licensing procedures administratively, but has not fully realized substantive synchronization of authority between sectoral agencies, thus potentially causing legal uncertainty. Therefore, it is necessary to harmonize regulations and strengthen the integration of authorities so that the integrated mining licensing system can run effectively and fairly.
Legal Factors That Affect the Behavior of Teenagers Extorting Drivers Yunita Wira Baba; Jimmy Pello; Ngongo Dede
LUTUR Law Journal Volume 7 Issue 1 May (2026): 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.v7i1.25174

Abstract

This study aims to analyze the factors influencing juvenile extortion behavior against drivers in Tasifeto Barat District, Belu Regency, and to examine the efforts to overcome such behavior. This phenomenon has caused public unrest and has the potential to disrupt public order. This research employs an empirical legal method with a qualitative approach, using data collection techniques such as observation, interviews, and documentation involving 15 respondents, including juveniles, local communities, government officials, and police officers. The results indicate that the factors causing extortion behavior consist of internal and external factors. Internal factors include identity crisis and weak self-control among adolescents, while external factors include lack of parental supervision, peer influence, alcohol consumption, and economic conditions. Alcohol consumption is identified as the dominant factor triggering and reinforcing extortion behavior. The efforts to address this issue are carried out through pre-emptive, preventive, and repressive measures. Pre-emptive efforts include legal education and guidance, preventive measures involve patrols and environmental supervision, while repressive actions include law enforcement with a restorative justice approach. However, these efforts have not been fully effective due to the lack of continuous supervision and active involvement of families and communities.
Criminological Factors Against Cockfighting Gambling Crimes Romanus Arindi Rapok; Karolus Kopong Medan; Heryanto Amalo
LUTUR Law Journal Volume 7 Issue 1 May (2026): 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.v7i1.25248

Abstract

This study aims to analyze the criminogenic factors contributing to cockfighting gambling and the efforts to overcome it in Central Adonara District, East Flores Regency. Cockfighting gambling remains prevalent despite being prohibited under Indonesian criminal law. This phenomenon not only violates legal norms but also creates social problems, including increased criminal activity and public disorder. This research employs an empirical legal research method with a case approach. Data were collected through interviews, observations, and literature studies involving 13 respondents, including government officials, community leaders, religious figures, and gambling participants. The data were analyzed qualitatively. The results show that the criminogenic factors influencing cockfighting gambling include economic conditions, environmental influences, cultural traditions, weak social and religious control, and ineffective law enforcement. Additionally, the practice is sustained by community perceptions that view it as part of local tradition. Efforts to combat this issue include pre-emptive, preventive, and repressive measures; however, these efforts have not been fully effective due to weak coordination among stakeholders and limited supervision. In conclusion, cockfighting gambling in Central Adonara District is driven by complex factors and requires comprehensive handling through synergy between law enforcement agencies, local government, and the community.
Customary Law as a Legal Basis in Disputes over Customary Land Rights Hendrina Clotilda Difa Fernandez; Darius Mauritsius; Petornius Damat
LUTUR Law Journal Vol 7 No 2 (2026): November 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.v7i2.25525

Abstract

This study aims to analyze the customary legal basis for the acquisition of ulayat land rights and the legal consequences of Decision Number 20/Pdt.G/2024/PN Lrt on the de facto and de jure status of disputed ulayat land in East Flores Regency. This research employs a normative legal method with statutory, case, historical, comparative, and conceptual approaches. The results show that the customary legal basis for acquiring ulayat land rights originates from Lamaholot customary law as a living law that is recognized and practiced across generations through mechanisms such as ancestral inheritance, customary land transfer, customary oaths, territorial division, and marriage practices as a substitute for bridewealth (belis). The existence of ulayat rights in this case fulfills the elements of a customary law community, the existence of ulayat land, and a functioning customary legal system as stipulated in Article 2 paragraph (2) of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 5 of 1999. The court decision declaring the claim inadmissible (niet ontvankelijke verklaard) is limitedly declarative and does not address the merits of the case. De facto, the land remains controlled and utilized by the customary community, while de jure, its legal status remains uncertain. Thus, this decision reflects a separation between social reality and legal certainty and highlights the importance of clearly defining legal subjects and objects in ulayat land dispute claims.
The Philosophical Role of Morality in Law Enforcement Lodwyk Wessy; Yeheskel Wessy
LUTUR Law Journal Volume 7 Issue 1 May (2026): 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.v7i1.23408

Abstract

Law enforcement is not merely the application of positive norms contained in statutory regulations, but also involves the dimension of morality inherent in every legal process. This study emphasizes the role of morality in law enforcement through a philosophical approach that focuses on the relationship between law, justice, and moral values. The relationship between morality and law is a central issue in the study of legal philosophy and continues to be a subject of debate among legal scholars and practitioners. Although law and morality are distinct entities, they are closely related and influence one another. Laws that do not reflect the moral values of society tend to lose their legitimacy and enforceability. Conversely, morality as the foundation for lawmaking can enhance substantive justice and foster public trust in the legal system. Therefore, understanding the link between law and morality is crucial to ensure that the law is not only formally legal but also ethically sound. This article also examines the extent to which morality influences the process of law enforcement in the context of achieving substantive justice, particularly in the decisions of law enforcement officers such as judges, prosecutors, and police. Morality plays a vital role as an ethical consideration in interpreting and applying the law fairly. However, in Indonesia, the influence of morality in law enforcement remains sporadic and highly dependent on the integrity and moral sensitivity of legal actors. Hence, integration between morality and positive law must be strengthened so that the law enforcement process can consistently and sustainably achieve substantive justice. Morality plays a crucial role in assessing the justice of legal norms and in the practices of law enforcement officials. When positive law contradicts the sense of justice and public morality, morality becomes an essential reference for assessing the legitimacy and acceptability of law enforcement. Therefore, harmonizing positive law with moral values is necessary to ensure that law enforcement is not only formally legal but also substantively just.

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