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
 10   11   12   13   14 
Rangkap Jabatan Anggota Dewan Perwakilan Daerah Republik Indonesia Nusa, Jenian P; Pietersz, Jemmy Jefry; Piris, Hendry John
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.v2i1.13679

Abstract

ABSTRACT: According to Law Number 17 of 2014 as amended in Law Number 14 of 2014 concerning MD3, specifically Article 302 paragraphs 1 and 2 states that DPD members are prohibited from holding concurrent positions if the position in question is as another state official or as a leader. Organizations financed by the State Revenue Budget/Regional Revenue Budget. The problem that then emerged was that there was a case that occurred in a DPD member who held the same position as leader of a political party, so this clearly violated the regulations regarding the DPD being prohibited from holding concurrent positions. For this reason, the implementation of the practice of holding multiple positions by DPD members as leaders of political parties is not in accordance with Law Number 17 of 2014. The aim of this research is to find out and analyze the dual position of a DPD member as a political party leader. The research used in this paper is normative legal research. The results of this research explain that the dual positions held by DPD members are contrary to statutory regulations which ignore Article 302 paragraphs 1 and 2 of Law Number 17 of 2014 as amended in Law Number 14 of 2014 concerning MD3 regarding the prohibition of holding multiple positions for DPD members and the legal consequences of holding multiple positions for DPD members as leaders of political parties. They will be dismissed in accordance with the regulations that apply to DPD members who hold multiple positions.
Legalitas Tindakan Pemerintah Daerah Dalam Pengalihan Fungsi Trotoar Kota Ambon Samal, Radhi Rafiq Defrian; Irham, Muhammad; Matitaputty, Merlien Irene
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.v2i1.13680

Abstract

ABSTRACT: Article 34 paragraph 3 of the Constitution of the Republic of Indonesia states that the state is responsible for providing health service facilities and adequate public service facilities to the community. Furthermore, Article 45 paragraph 1 letter a of Law Number 22 of 2009 concerning Road Traffic and Transportation "states that supporting facilities for the implementation of road traffic and transportation include sidewalks, the provision of which is provided by the local government. “Article 113 paragraph 1 letter a government regulation number 79 of 2013 concerning Road Traffic and Transportation Networks states that sidewalks are also a form of public service provided by the government as supporting facilities for road traffic and transportation in the form of provisions for pedestrians. Article 11 Paragraph 2 of Law Number 38 of 2004 concerning Roads "states that sidewalks are useful spaces for pedestrians. In accordance with the problems raised, the type of research used in this writing is normative juridical legal research. Legal research is a process of discovering legal rules, legal principles and legal doctrines in order to answer the legal issues faced. The Ambon City Government regarding changing the function of sidewalks in Ambon City is currently not in accordance with Article 4 paragraphs 3 and 4 of Ambon City Regional Regulation No. 10 of 2014 concerning the Arrangement of Street Vendors, which states (3) Locations that cannot be designated as business premises for street vendors The five are as follows: within government agencies, within schools, within places of worship, around market locations, on roofs and sewers, in city parks and green lanes, around monuments and hero's graves, throughout the body road.
Dampak Lingkungan Hidup Dalam Pemberian Persetujuan Lingkungan Koedoeboen, Yeremia Puja Hua; Pietersz, Jemmy Jefry; Saija, Vica Jillyan Edsti
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.v2i1.13681

Abstract

ABSTRACT: One of the important instruments in environmental management is permits. Licensing in an environmental context is referred to as an environmental permit. Environmental permits are understood as an important element in efforts to control activities and/or businesses so that the environment does not suffer a detrimental impact. In order to fulfill administrative activities to obtain environmental approval, there are documents that must be fulfilled, namely, AMDAL or UKL -UPL. After fulfilling one of these conditions, an environmental permit will be issued by the Minister, Governor, or Regent/Mayor in accordance with their authority by including the requirements contained in the environmental feasibility decision document or UKL-UPL recommendation. The research method used in this writing uses normative juridical research, where this type of research is analytical. The sources of legal materials used are primary and secondary legal materials. The collection technique is through literature study and then analyzed through descriptive methods. To obtain environmental approval, there are several conditions that must be met, one of which is through the ANDAL and RKL-RPL addendum. ANDAL is used as a careful assessment of the impact of an activity. ANDAL aims to analyze an activity that has the potential to have an impact on the environment, which will also become an important point in making decisions regarding permits for an activity. So it can be concluded that ANDAL is also the most important part of granting environmental approval.
Keabsahan Tindakan Pemerintah Dalam Pemberhentian Dan Pengangkatan Pengganti Anatarawaktu Anggota Saniri Negeri Galeb, Yunasril La; Nendissa, Renny Heronia; Saija, Vica Jillyan Edsti
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.v2i1.13682

Abstract

ABSTRACT: In carrying out or issuing decisions or actions, the government must determine based on authority, in Article 8 paragraph (2) of Law Number 30 of 2014 concerning Government Administration states that: "Government bodies and/or officials in using authority must be based on: a. Legislation. b. General principles of good government.” The dismissal and appointment of interim replacements for State Saniri members is regulated in Ambon City Regional Regulation Number 8 of 2017 concerning the State, in this case in Article 67, namely: "The interim membership of State Saniri is determined by the Mayor's Decree on the recommendation of the State Saniri Leadership through the Head of State Government" and Article 68 paragraph (1): "Members of Saniri Negeri resign because: a. Died. b. Own request; and c. dismissed." As well as paragraph (3) which states that: "Replacement of members of the Saniri Negeri who quit as referred to in paragraph (1) is proposed by the chairman of the Saniri Negeri to the Soa concerned no later than 14 (fourteen) days." However, in fact, the Mayor of Ambon issued Ambon Mayor Decree Number 447 of 2022 which in the Consideration considering letters a and b of the object of the decision is a letter from the Acting Head of the Batu Merah State Government regarding the follow-up to the interim replacement proposal. Meanwhile, the leadership of Saniri Negeri Batu Merah never made a proposal to the Acting Batu Merah, Head of Sirimau District, and Mayor of Ambon to dismiss and/or replace members of Saniri Negeri Batu Merah. The type of research carried out is a normative juridical research type carried out through literature review or secondary materials.
Pertanggungjawaban Extrajudicial Killing Dalam Hak Asasi Manusia Toisuta, Chayenne Rosele Yohana; Peilouw, Johanis Steny Franco; Daties, Dyah Ridhul Airin
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.v2i1.13690

Abstract

ABSTRACT: Amnesty International reported that the Myanmar Military in early 2021 carried out executions on the spot without trial or Extrajudicial Killing of more than 1000 Myanmar civilians, after the coup of Aung Sang Su Kyi which turned out to be a crime often committed by government officials in other countries such as the Philippines, Indonesia, and Bangladesh. The purpose of this study is to know and understand Extrajudicial Killing as a violation of human rights and a form of state accountability for perpetrators of Extrajudicial Killing. The research methods that the author uses are normative juridical research methods as well as, legal approach, case approach and conceptual approach. The results that the authors conclude show that Extrajudicial Killing is a violation of human rights as stipulated in the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on Economic, Social and Cultural Rights, the 2016 Minnesota Protocol, the 1998 Rome Statute and the 2013 ASEAN Declaration of Human Rights. Extrajudicial Killing is a violation of the right to life which is a human right protected by the UDHR and ICCPR 1966. Based on this, the perpetrators of extrajudicial killings must be held accountable as stipulated in the Articles of States Responsibility on International Wrongful Acts 2001.
Penegakan Hukum Terhadap Pelanggaran Hak Asasi Manusia Ditinjau Dari Hukum Internasional Sahad, Indri Yulia; Tuhulele, Popi; Riry, Welly Angela
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.v2i1.13691

Abstract

ABSTRACT: Based on the Universal Declaration of Human Rights (UDHR) in article 18 which states "everyone has the right to freedom of thought, heart, conscience, religion, in this case it means the freedom to change religion or belief, by teaching it, practicing it, worshiping or obeying it, whether alone or together with other people, in public or alone.” China Sentences Uyghur Woman to 14 Years in Prison for Teaching Islam The Chinese government reportedly arrested and sentenced a Uyghur Muslim named Hasiyet Ehmet to 14 years in prison just for teaching Islam and keeping a copy of the Koran. The discussion that will be studied in this writing is to find out and analyze the forms of violations of Uighur Muslims by the Chinese government and to know and analyze the enforcement of International Human Rights law against the Chinese government, even though it has not ratified the 1998 Rome Statute. In accordance with the problems raised, then The type of research used in this writing is normative juridical legal research. Legal research is a process of discovering legal rules, legal principles and legal doctrines in order to answer the legal issues faced. This research uses a normative juridical research method, the nature of the research used is descriptive research, the problem approach used in the research is a statutory approach (statute opproach). Conceptual approach and case approach. The results of this research are expected to provide benefits both theoretically and practically. The results of this research are that violations committed by the Chinese government against the Uyghur community include violations of religious freedom, arbitrary detention, mass torture and ill-treatment, as well as increasingly widespread control over daily life. And human rights violations that occurred in China after the enactment of the ICC. This is for the UN Security Council to exercise its powers in adjudicating human rights violations in China.
Deportasi Anak-Anak Dalam Konflik Bersenjata Sebagai Kejahatan Hak Asasi Manusia Papilaya, Juventhia Elvanri; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Steny Franco
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.v2i1.13692

Abstract

ABSTRACT: War crimes often occur against civilians, namely children who are illegally deported or illegally detained. Of course, it is very contrary to international legal rules. The problems in this writing include how to regulate deportation in international law. Apart from that, can the deportation of children in armed conflict be classified as a human rights crime. The method used is a normative juridical research method with a qualitative type of analysis with interpretative analysis and conceptually tends to be directed at finding, identifying, managing and analyzing legal materials to understand the meaning, significance and relevance. The objectives to be achieved point to the dramatic evolution and extensive codification of human rights law, so it can be said "that human rights law makes a major contribution to the law of state accountability". Thus, it can be argued that state responsibility law regarding losses suffered by foreigners, in this case children who are victims of deportation, and human rights law have a close and reciprocal relationship. In line with the development of law and human rights, the law of state responsibility regarding losses experienced.
Pelindungan Hak Asasi Manusia Dalam Konflik Bersenjata Non Internasional Di Myanmar Hayer, Karel Neju; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
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.v2i1.13693

Abstract

ABSTRACT: A non-international armed conflict occurred in Myanmar as a result of a military coup which triggered a wave of protests and demonstrations. Human rights violations occurred by the Myanmar military and ethnic armed groups, including mass killings, rape and sexual violence. The aim of this research is to examine and understand human rights violations committed by parties involved in the non-international armed conflict in Myanmar, to examine and determine the obstacles faced in protecting human rights in Myanmar during the non-international armed conflict. The research method used is Normative Juridical research. The problem approaches used are the statutory approach, concept approach and case approach. Sources of legal materials used are primary, secondary and tertiary legal materials. procedures for collecting legal materials and processing analyzes of prescriptive legal materials through methods of interpretation, harmonization, systematicity, and legal discovery. The research results show that in the non-international armed conflict in Myanmar, a series of serious human rights violations occurred. This includes the use of force against civilian demonstrators, arbitrary arrests, and repression of pro-democracy activists. In addition, there were reports of acts of torture and sexual violence. There are a number of obstacles in protecting human rights in Myanmar during non-international armed conflicts.
Tanggung Kelompok Bersenjata Non Negara Pada Wilayah Konflik Yang Di Kendalikan Dan Pertanggung Jawabannya Lekatompessy, Ludya Grafilia; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
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.v2i1.13694

Abstract

ABSTRACT: The armed conflict in Syria involves the Syrian government and rebels on behalf of their organized group the Free Syrian Army (FSA). The Syrian Army has attacked most of the rebel areas in Eastern Ghouta. The armed conflict has caused many problems and misery, especially for the civilian population. Starting from suicide bomb attacks, rocket attacks, and firearms attacks, using civilians as human shields to protect themselves from enemy attacks, often blocking or making it difficult for civilians to access humanitarian assistance, such as food, clean water, and medical care, recruiting children under the age of 18 to participate in armed conflict, and have committed gross violations of human rights, such as murder, torture, rape, and forced displacement of civilians. The research method used in analyzing and discussing the problem is normative, this research is focused on the purpose of examining and knowing the position of non-state armed groups in non-international armed conflicts in controlled areas and non-state groups can be held accountable when not meeting the basic needs of the civilian population in controlled areas. The results of the study state that the position of non-state armed groups in conflict is based on Additional Protocol II to the 1949 Geneva Convention Article 1 paragraph 1. Also in the regulation of humanitarian law contains guarantees of the rights of everyone in the conflict area and limits the power of warring parties not to take actions that are beyond the bounds of humanity. And non-state armed groups that are in conflict can be held accountable for the civilian population, when they do not meet the basic needs of the civilian population in controlled areas. Because the UN Security Council considers that non-state actors have international obligations under international law. If they do not meet the basic needs of the civilian population, they can be responsible for human rights violations and crimes against humanity to protect the civilian population in the area.
Perlindungan Objek Sipil Dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Safiun, Safiun; Tahamata, Lucia Charlota Octovina; Daties, Dyah Ridhul Airin
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.v2i1.13695

Abstract

ABSTRACT: Armed conflict not only affects the civilians who are the targets of the conflict, but civilian objects are also affected by the conflict. Civilian objects are any object that is not a military object so that it cannot be used as an object of attack by one of the parties to the conflict. The protection of civilian objects is regulated in Article 52 paragraph (1) and Article 57 paragraph (1) of the Additional Protocol to the Geneva Convention 1494. In addition to being regulated in the article, the protection of civilian objects is also regulated by International Humanitarian Law through principles recognized in HHI such as the principle of Proportionality, the principle of Distinction and the principle of military interests. Violation of the protection of civilian objects in armed conflict is a war crime. Basically, the responsibility for war crimes lies with the individual who committed the violation of the laws and customs of war. The accountability process is carried out through a trial at the ICC (International Criminal Court) where war crimes are the jurisdiction of the ICC itself. War crimes can also be held accountable to the state as well as the commander.

Page 12 of 21 | Total Record : 206

 10   11   12   13   14 

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