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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 74 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.

Page 8 of 8 | Total Record : 74

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