cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muchtar A H Labetubun
Contact Email
mahlabetubun@gmail.com
Phone
+6285243175321
Journal Mail Official
jurnalpalasrev@gmail.com
Editorial Address
Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.
Location
Kota ambon,
Maluku
INDONESIA
PATTIMURA Law Study Review
Published by Universitas Pattimura
ISSN : -     EISSN : 30252245     DOI : https://doi.org/10.47268/palasrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
PATTIMURA Law Study Review yang dsingkat (PALASRev) adalah media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. PATTIMURA Law Study Review menerbitkan karya ilmiah di bidang hukum, terbit tiga kali setahun pada bulan April, Agustus dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk mempublikasikan artikel ilmiah dari luaran Skripsi dan atau sebagain dari Skripsi Mahasiswa Strata Satu (S1). Fakultas Hukum Universitas Pattimura mewajibkan mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Jurnal ini memberikan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. PATTIMURA Law Study Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai isu di bidang Ilmu Hukum (Hukum Perdata, Hukum Islam, Hukum Bisnis/Ekonomi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Pidana, Hukum Internasional.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 206 Documents
 9   10   11   12   13 
Tindak Pidana Pencurian Dengan Pemberatan (Studi Pada Putusan Nomor 398/Pid.B/2022/PN.Amb) Paul Edward Mataheru; Yanti Amelia Lewerissa; Steven Makaruku
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12045

Abstract

The element of joint theft is defined as an act committed jointly, with the same intention as stipulated in Article 56 of the Criminal Code, namely participation in the act. Participation in committing is defined as "Committing together". In this context, of course, the perpetrators must be at least two people who commit the crime and who participate in the crime. This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials, and tertiary legal materials, data collection techniques are carried out through literature study and analyzed using qualitative analysis methods to answer the problems in this writing. Based on Decision No. 398/Pid.B/2022/PN.Amb, the author concludes that the judge could have implemented Article 55 of the Criminal Code because the actions committed by the defendant were also included in the crime of participation (Medepleger). The author concludes that it would be very fair if the judge sentenced the defendant to Article 363 paragraph (1) 4th jo Article 55 of the Criminal Code. The author also concludes that the defendant has previously been convicted, the sentence should have been aggravated not only for 2 years, because the defendant's actions fall into the category of qualifying or certain crimes and the threat of punishment is also aggravated where the main elements of theft are the same as the elements of theft in Article 362 of the Criminal Code, while the special elements that aggravate the punishment are contained in many elements, for example in paragraph (4) of Article 363 which consists of several alternatives, namely the aggravation of the object element, which lies at the time or incident when the theft is committed; and the perpetrators are more than one (with allies).
Peranan Polisi Lalu Lintas Dalam Meningkatkan Kesadaran Hukum Penggunaan Helm Bagi Pengemudi Sepeda Motor Roda Dua (Studi Kasus: Polresta Pulau Ambon dan Pulau-Pulau Lease) Rince Monita Sari Molle; Julianus Edwin Latupeirissa; Anna Maria Salamor
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12046

Abstract

This research discusses the role of the traffic police in increasing legal awareness of the use of helmets for two-wheeled motorbike drivers. Purposes of the research: to analyze and understand the application of sanctions against drivers who violate them, as well as explain the efforts made by the police to increase legal awareness. Methods of the Research: This research uses empirical juridical research methods with legal material processing techniques and then data examination is carried out in the form of data classification. Results of the Research: The results of the research show that the level of legal awareness of the use of helmets among the people of Ambon City is still very minimal or low, so it requires cooperation between law enforcement officials and the community so that the level of awareness increases and a conducive atmosphere is created.
Keabsahan Pengusulan Pejabat Kepala Pemerintahan Negeri Haya Zain Arifin Hatuluayo Selano; Sherlock Halmes Lekipiouw; Miracle Soplanit
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12047

Abstract

Regional Government defines regional autonomy as the authority and obligation of an autonomous region to regulate and manage government affairs and the interests of local communities in accordance with statutory regulations. Saniri Negeri is a vehicle for democracy that is formed based on the customs that apply in that traditional country. The purpose of this research is to examine and discuss whether the regent's actions in appointing the head of the Haya state government were based on applicable laws. The research method used is normative juridical, namely research on rules, norms and legal principles based on statutory regulations. The problem approach used is a normative legal approach, namely the conceptual approach, case approach and statutory approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Techniques for collecting legal materials through literature study. Next, it was analyzed qualitatively. The results of the research concluded that the regent's action in using his authority to appoint an official outside the proposed saniri of the country/village of Haya without involving the saniri of the country in the vacancy at the end of the term of office of the king of one of the parents' houses of Haya village was not based on the applicable laws and regulations. Responsibility for regulations carried out by the regent in carrying out his authority is considered flawed and categorized as exceeding the limits of his authority.
Implementasi Peraturan Pemerintah Nomor 94 Tahun 2021, Lingkup Pemerintah Kabupaten Maluku Tenggara Cherie Delia Agnes Makisurat; Salmon Eliazer Marthen Nirahua; Sherlock Halmes Lekipiouw
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12048

Abstract

The implementation of Civil Servant Discipline Enforcement regulated in PP Number 94 of 2021 and BKN Regulation Number 6 of 2022, is very clear so that it is hoped that every civil servant must try to understand these regulations, so that they can make it a guideline for how they should behave inside and outside the officialdom. In practice, what is desired or enforced is often far different from the reality. This research was conducted at the Government of Southeast Maluku Regency, BKPSDM Southeast Maluku Regency. This research was conducted with the aim of (1) Examining the implementation of the provisions of Article 15 Paragraph (2) of PP Number 94 of 2021 and analyzing what problems or factors affect the application of disciplinary enforcement sanctions. (2) To reveal and analyze the application of sanctions for violations of Article 11 paragraph (2) letter d Number 4, PP Number 94 of 2021 This research is empirical juridical research, or called field research, which examines the applicable legal provisions and what happens in reality in society. The results showed that: 1). The implementation of civil servant discipline related to Article 15 Paragraph (2) has been going well but not optimal, Article 15 Paragraph (2) is very clear but sometimes it is misunderstood, the application of sanctions by the head of the OPD is not the termination of salary payments but the practice that occurs is the blocking of salary accounts. 2). Article 11 Paragraph (2) letter d Number 4, a civil servant named SJ, Karel Sadsuitubun Hospital, Registrar Class Tkt.I, II / d did not carry out his duties continuously for three (3) years, PPK imposed severe punishment in the form of Honor Dismissal not at his own request. From the results of the research there were 4 cases of the same offense while in the process of summoning and examining the Discipline Enforcement Team, all of which came from RSUD Karel Sadsuitubun Langgur. 3).Problems faced, misapplication of sanctions and employee welfare affect the level of civil servant violations, meaning that if employee welfare is good then employee discipline increases, if welfare does not exist it can cause behavioral anomalies. Discipline must be balanced with employee welfare.
Implikasi Pengaturan Tenaga Kerja Asing Dalam Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja Terhadap Eksistensi Tenaga Kerja Lokal Muhammad Zainuddin; Saartje Sarah Alfons; Ronny Soplantila
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12049

Abstract

The development of globalization can trigger an outflow and influx of foreign nationals in a country. This is reinforced by the country's investment policy which makes the need to use foreign workers (TKA) very important. The aim of this research is to discuss the impact of implementing foreign worker regulations in the law. No. 6 of 2023 concerning Job Creation on the existence of local workers.This research is normative juridical research carried out using a statutory approach, conceptual approach and case approach. Results of the Research: The latest regulations regarding licensing for the use of foreign workers regulated in the Job Creation Law have experienced a shift from the field of criminal law to the field of administrative law. The legal ratio of the Employment Law is very different from the Employment Cluster Job Creation Law regarding controlling the use of foreign workers in Indonesia. If the presence of the Job Creation Law is to simplify the licensing process for the use of TKA, then the function of the RPTKA should be the same as IMTA, in this case the sanctions for violations of the use of TKA that do not have an RPTKA are the same as the sanctions for violations of TKA that do not have an IMTA, namely criminal sanctions and not administrative sanctions. In terms of policy, the government has removed several regulations that hamper investment progress through deregulating policies on the use of foreign workers and simplifying policies in order to support increased foreign investment in Indonesia. The impact of the deregulation policy on the use of foreign workers on local workers from a policy perspective provides losses to local workers. The deregulation policy on the use of foreign workers does not actually bring in widespread employment opportunities for local workers, on the contrary, this policy actually facilitates and legitimizes the entry of foreign workers into Indonesia.
RETRACTION: Tanggungjawab Eksploitasi Bahan Galian C di Negeri Haya Kecamatan Tehoru Kabupaten Maluku Tengah Samalehu, Rosmala
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12068

Abstract

Indonesia is a country rich in minerals. Managing mining businesses and products in Indonesia has been regulated in national laws and regulations, including Law Number 4 of 2009 concerning Mineral and Coal Mining, Law No. 32 of 2009 concerning Environmental Management and Law Number 27 of 2012 concerning Permits Environment. The method used in this research is normative juridical using a statutory and regulatory approach as well as a conceptual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. Based on the research results it was found that PT. Waragonda Mineral Pratama in carrying out mining activities for C minerals must comply with statutory regulations Number 23 of 2014 concerning Regional Government, where the Regional Government is the governor, regent/mayor, and apparatus of service heads, service heads, agency heads, work units in the local government environment which is day-to-day controlled by the local government. Form of legal responsibility from PT. Waragonda Mineral Pratama is administrative responsibility and civil liability. Administrative accountability is in the form of building taulid around the coast, and civil accountability is in the form of obligations to fulfill achievements (obligations) and the loss of a legal situation, which is followed by the creation of a new legal situation. In Article 1365 of the Civil Code, it is explained that every act that violates the law and causes loss to another person, requires the person who caused the loss through his fault to compensate for the loss.
Perlindungan Konsumen Pelanggan Indihome Terhadap Kebocoran Data Pribadi Indah Ipa; Theresia Louize Pesulima; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12070

Abstract

Problems related to personal data leakage that have occurred in Indonesia, one of which is the leakage of personal data of IndiHome customers that are traded on internet sites that can be reached by anyone. The leakage of personal data has indirectly deprived human rights which are very detrimental to the human point of view. Protecting consumer rights is an obligation of business actors as regulated in article 4 paragraph 5 of Law No. 8 of 1999 concerning Protection of Consumers. This type of research is Normative Juridical, or literature research because this research is carried out or aimed only at written regulations or primary, secondary and tertiary legal materials, the data collection method used is literature study and document study and data analysis is carried out normatively and comprehensively. The results of this study, show that the form of legal protection for IndiHome customer consumers who experience personal data leakage can be done in the form of preventive legal protection (prevention) providing opportunities for legal subjects to raise objections or opinions before the government decision gets a definitive form and Repressive legal protection (coercion) is legal protection that leads to dispute resolution. Legal remedies of IndiHome consumers who were harmed due to negligence on the part of PT. Telecommunications as Electronic System Operators that cause leakage of personal data can file a lawsuit based on Unlawful Acts stipulated in Article 1365 and Article 1366 of the Civil Code.
Kekuatan Alat Bukti Sertifikat Elektronik Hak Atas Tanah Pada Perkara Perdata Di Pengadilan Tsamirah Zarifah Ratmin; Adonia Ivonne Laturette; Pieter Radjawane
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12071

Abstract

Technological developments can be seen by the emergence of new electronic-based evidence, one of which is electronic documents. Law Number 11 of 2008 concerning Electronic Information and Transactions states that electronic documents are valid evidence as long as what is contained in them can be accessed, displayed, guaranteed integrity and can be accounted for. The method used in this study is Normative Juridical (legal research). And using an approach by reviewing legislation, the type of legal research used by reviewing literature and secondary data. The source of legal material used consists of primary, and secondary which are analyzed qualitatively. The results of this study show that electronic certificates can be used as valid evidence in civil cases in court as stipulated in the ITE Law as long as the provisions of the regulations, and produce electronic documents in which there are electronic signatures and the document can be accessed, displayed, guaranteed its integrity and can be accounted for, in addition to electronic documents in the form of electronic certificates This is also an expansion of evidence in civil procedural law.
Kewenangan Penjabat Negeri Dalam Pengangkatan Dan Pemberhentian Saniri Negeri Laha Kaba Kecamatan Telutih Kabupaten Maluku Tengah Koranelao, Abdul Latif; Nendissa, Renny Heronia; Soplanit, Miracle
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.12183

Abstract

State officials took arbitrary actions in appointing and dismissing Saniri without any deliberation from each clan or soa which had the right and authority to appoint and dismiss State Saniri Central Maluku Regency Regional Regulation No. 04 of 2006 concerning Guidelines for Structuring State Saniri/Village Consultative Bodies explains in Article 19 Point 1 "State Saniri are selected based on representation in accordance with local customs, customary law and culture." This writing discusses two issues, namely: 1) Do State Officials have the authority to appoint and dismiss State Saniri in accordance with statutory regulations. 2) What are the legal consequences of Saniri's appointment by a State Official? The purpose of this research is to examine and analyze the authority of State Officials in appointing and dismissing State Saniri and the Legal Consequences of Appointing Saniri by State Officials. The method used in this research is a normative legal research method. The results of this research indicate that the delivery and dismissal of State Saniri by State Officials is not in accordance with local state customs or is contrary to statutory regulations. The Decree of the Regent of Central Maluku regarding the Appointment of State Saniri is invalid or legally flawed.
Gugatan Citizen Lawsuit Dalam Sistem Hukum Di Indonesia Solissa, Ferdinan Rifaldi; Salmon, Hendrik; Lakburlawal, Mahrita Aprilya
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13678

Abstract

ABSTRACT: A citizen lawsuit is a lawsuit mechanism known in the common law legal system, in which citizens file a lawsuit against the state in the name of the public interest to sue the state for acts of opposition or violation committed by the state for failing to fulfill its legal obligations. The purpose of a citizen lawsuit is to protect citizens from the possibility of losses experienced by citizens, based on negligence or negligence on the part of the state. In the Indonesian legal system itself, citizen lawsuits have not been clearly regulated in Indonesian law, be it Supreme Court regulations or other laws and regulations in Indonesia. So far, citizen lawsuit cases in Indonesia have been used by judges using articles 5 and 10 of the Law. Law 48 of 2009 concerning Judicial Power The problems raised by the author are: What is the position of citizen lawsuits in the legal system in Indonesia, m. The research method used is normative juridical, the research type is descriptive analytical, the legal materials used are primary, secondary and tertiary. The technique for collecting legal materials uses library research and is then analyzed using qualitative methods. The research results show that the position of citizen lawsuits in the Indonesian legal system refers to previous judge's decisions which have become jurisprudence.

Page 11 of 21 | Total Record : 206

 9   10   11   12   13 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 2024 PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review