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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 77 Documents
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Legal Politics and Norm Contestation in the New Criminal Code in the Framework of Indonesian Criminal Law Reform Raymundus Loin; Marlina Samosir; Edmundo Octovianus Loin
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.v7i1.24191

Abstract

The formation of the New Criminal Code marks a crucial phase in the journey of Indonesian criminal law reform. As a product of legal politics born of a long process, the New Criminal Code not only brings substantial reforms but also gives rise to various normative contestations that influence the consistency and direction of the national criminal law system. This study aims to determine the legal politics of the formation of the New Criminal Code reflecting the direction of Indonesian criminal law reform and the legal politics and normative contestations within the New Criminal Code within the framework of Indonesian criminal law reform. This study uses normative juridical legal research, where the data is sourced from secondary data. The results show that the legal politics of the formation of the New Criminal Code reflect the state's commitment to renewing the national criminal law system by abandoning the colonial paradigm and emphasizing the values ​​of Pancasila. This reform indicates a direction for Indonesian criminal law that is more modern, proportional, and responsive to the needs of society. The legal politics and normative contestations within the New Criminal Code indicate a direction for Indonesian criminal law reform that emphasizes the independence of national legislation, but still leaves behind the dynamics of differing values ​​and interests. This indicates the need for further harmonization to ensure a more consistent criminal law system and in line with societal developments.
The Validity of the Exoneration Clause in Ship Repair Contracts: Legal Protection for Shipyard Service Users Muhammad Ridwan; Sri Astutik; M Syahrul Borman
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.v7i1.24559

Abstract

The practice of ship repair contracts in shipyards often contains exoneration clauses that limit or even remove the service provider's liability for certain damages. This condition has the potential to cause an imbalance in the legal position between the shipyard and the service user, especially when the clause is drafted unilaterally. This study aims to analyze the validity of the exoneration clause in the ship repair contract and assess the extent to which the clause provides legal protection for shipyard service users reviewed from the principle of balance and freedom of contract. The research method used is normative legal research with a statutory and conceptual approach, through the study of the provisions of the Civil Code, regulations related to shipping services, and contract law doctrine. The results of the study show that the exoneration clause is allowed in principle as long as it does not conflict with law, decency, and public order. However, clauses that eliminate absolute liability tend to violate the principle of balance and have the potential to harm service users. Therefore, it is necessary to formulate proportional clauses so that ship repair contracts continue to provide fair legal protection for the parties.
Product Liability of Business Actors to Consumers Due to the Sale of Expired Food Products and Without a Distribution License Darmayani Gita; Helsina Fransiska Pello; Husni Kusuma Dinata
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.v7i2.25808

Abstract

The circulation of expired food products and without a distribution permit is still a serious problem in the consumer protection system in Indonesia because it has the potential to endanger public health and safety. This study aims to analyze the regulation of product liability of business actors to consumers due to the sale of expired food products and without distribution permits based on Law Number 8 of 1999 concerning Consumer Protection, as well as to examine the legal sanctions that can be imposed on business actors. The research method used is normative legal research with a statutory approach and a conceptual approach. The source of legal materials consists of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that consumer protection of food products is regulated through the Consumer Protection Law, Law Number 18 of 2012 concerning Food, Government Regulation Number 86 of 2019 concerning Food Safety, and regulations of the Food and Drug Control Agency regarding the distribution permit of processed foods. The concept of product liability in the Consumer Protection Law is reflected in Article 8 and Article 19 through the application of the principle of strict liability, where business actors are still responsible for providing compensation without the need to prove the existence of an element of fault first. In addition, business actors who sell expired food products and without a distribution permit can be subject to administrative, criminal, and civil sanctions. The regulation of product liability in the Consumer Protection Law aims to provide legal certainty, protection, and a sense of security for consumers against food products circulating in the community.
Juridical Problems of Ministers' Administrative Authority in the Determination of Domain Name Registrars in Indonesia Andi Budimansyah; Akmal Syaddad; Frida Junariah; Indri Lestari; Siti Fajri Ilaika
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.v7i2.26042

Abstract

Domain name governance is no longer solely a technical issue of internet addressing, but has become part of the legal infrastructure of digital identity, cybersecurity, consumer protection, and digital sovereignty of the state. In Indonesia, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions normatively recognizes Registry and Registrar as domain name managers. However, in practice, formal designation by the Minister seems to be given to the Indonesian Internet Domain Name Manager as the ".id" State Domain Registry, while the Registrar operates mainly through an accreditation mechanism or private agreement with the Indonesian Internet Domain Name Manager. This article examines the legal gap between normative construction and administrative practice in the determination of Registrars in Indonesia. This study uses a normative juridical method with a legislative approach, a conceptual approach, and an analytical approach. The results of the study show that the absence of a direct determination by the Minister to the Registrar creates legal uncertainty, weakens administrative supervision, limits consumer protection for Registrants, and reduces the effectiveness of cybersecurity governance at the domain registration level. This article argues that the Minister's appointment of the Registrar should not be seen as a bureaucratic obstacle, but rather as a public legal instrument to strengthen accountability, legal certainty, and digital sovereignty. Therefore, a special arrangement is needed that integrates the determination of the Registrar with a proportionate, risk-based, and digitized supervision mechanism.
Regulation of the Police Professional Code of Ethics: Juridical Instrument for the Formation of Professionalism and Legal Certainty Farel Wildan Arizki; Sinarianda Kurnia Hartantien
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.v7i2.27398

Abstract

The National Police Professional Code of Ethics plays a crucial role in ensuring that members of the National Police of the Republic of Indonesia exercise their authority in accordance with legal principles, integrity, and professional responsibility. The establishment of the National Police Regulation of the Republic of Indonesia Number 7 of 2022 concerning the Professional Code of Ethics and the Police Code of Ethics Commission is a strategic effort to strengthen the institutional ethical supervision system. This study aims to analyze the regulation of the National Police Professional Code of Ethics based on Police Regulation Number 7 of 2022 and examine its juridical position as an instrument for the formation of Police professionalism based on legal certainty and professionalism. Using normative legal research methods with statutory and conceptual approaches, this research processes primary and secondary legal materials qualitatively. The novelty of this research lies in the analysis of the position of the National Police Professional Code of Ethics as a normative legal instrument that not only functions as an internal ethical guideline, but also specifically limits the use of police authority and strengthens professionalism based on the principles of legal certainty, accountability, and professional responsibility. The results of the study show that Police Regulation Number 7 of 2022 comprehensively regulates the basic values, obligations, prohibitions, enforcement mechanisms, and sanctions for violations of the code of ethics. Furthermore, this regulation emphasizes the function of the Police Professional Code of Ethics as an instrument that encourages professionalism, accountability, and legal certainty in the implementation of Police duties.
Police Juridical Authority in Crowd Permits and Public Activity Security Totok Sinandi; Yahman Yahman
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.v7i2.27412

Abstract

Public activities involving large amounts of public participation require clear legal arrangements to create a balance between the protection of citizens' rights and the interests of maintaining public security and order. The authority of the National Police of the Republic of Indonesia in issuing crowd permits and securing public activities is a form of government authority whose implementation must be based on the principles of legality and legal certainty. This article aims to analyze the legal arrangements regarding the authority of the Police in issuing crowd permits and securing public activities and analyze the implementation of these authorities based on the principles of legality and legal certainty. This study uses a normative legal research method with a statutory approach and a conceptual approach. The legal materials used consist of primary legal materials in the form of laws and regulations and secondary legal materials in the form of law books, scientific journals, and the doctrines of legal experts. The results of the study show that although the legal basis is strong, implementation in the field still requires strengthening the application of the principles of legality and legal certainty, especially in terms of consistency in the issuance of permits and the prevention of potential abuse of authority. This research contributes to strengthening the understanding that crowd permits are not only administrative procedures, but a crucial legal instrument that functions as a mechanism to prevent potential security disturbances as well as to maintain a balance between the interests of public security and the constitutional rights of citizens, with an emphasis on the importance of applying the principles of legality and legal certainty in their implementation.
Quo Vadis Regulation of Commercial Satellite Surveillance in Realizing National Digital Sovereignty Pusaka Bintang Sakti; Muhammad Rafi
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.v7i2.26527

Abstract

The widespread operation of Low Earth Orbit (LEO) satellites owned by foreign private entities, particularly SpaceX's Starlink in Indonesian territory raises fundamental questions about the adequacy of the existing national legal framework. This article analyzes the regulatory gap between Law Number 21 of 2013 on Space Activities and the operational reality of foreign commercial LEO satellites that route data across Indonesian jurisdiction without adequate oversight mechanisms. Using a normative legal research method through statutory and conceptual approaches, this study finds that the 2013 Space Activities Law does not explicitly regulate the authorization, supervision, and liability mechanisms applicable to foreign private LEO satellites serving customers within Indonesia. This gap is compounded by the absence of implementing government regulations mandated by the law and the misalignment between the international space law regime, rooted in the Outer Space Treaty 196 and national digital sovereignty imperatives. This article argues that Indonesia must urgently issue technical regulations integrating the principle of authorization and continuing supervision under Article VI of the OST into national law, while simultaneously strengthening data sovereignty clauses in the context of cross-border satellite services.

Page 8 of 8 | Total Record : 77

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