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Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.
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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
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Perlindungan Hukum Terhadap Pelaku Usaha Jasa Penyewaan Mobil Yang Mengalami Kerugian Akibat Dari Kelalaian Konsumen Heluth, Muttaqien; Pesulima, Theresia Louize; Sopamena, Ronald Fadly
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.v2i1.13783

Abstract

ABSTRACT: Rental agreements, general provisions apply regarding the conditions for the validity of the agreement as regulated in Article 1320 of the Civil Code, one of which is the word of agreement to enter into an agreement, meaning that both parties must have freedom of will. Regarding agreements in an agreement, it is certain that the parties implementing it want performance, but not infrequently in an agreement it is inevitable that legal events will occur in the form of non-fulfillment of performance by one of the parties. Default in the implementation of the agreement as mentioned above is an obstacle in the implementation of the rental agreement which generally occurs due to negligence on the part of the lessee. The aim of this research is to examine legal protection for car rental service business actors and the legal remedies that can be taken by car rental service business actors who experience losses as a result of consumer negligence. The method used in this research is normative juridical, namely a legal research method carried out by examining library materials and secondary data including primary and secondary legal sources which are analyzed qualitatively using conceptual and statutory approaches to answer existing problems. The results obtained from this research are legal protection for car rental service business actors for acts of consumer default, namely preventive legal protection which has been regulated in Article 6 of Law Number 8 of 1999 concerning Consumer Protection regarding the right to receive payments in accordance with agreements and rights. to obtain legal protection from consumer actions with bad intentions as well as the right to carry out appropriate self-defense in the legal resolution of consumer disputes and repressive legal protection, namely in the form of compensation as a form of legal responsibility for the tenant's acts of default or negligence in the car rental agreement. The legal action that can be taken by business actors providing car rental services is by means of deliberation (family) regarding payment and time period as well as compensation for losses that must be borne by the car renter. However, if this is not successful, other legal remedies that can be taken are through court and outside court.
Tanggung Jawab Pelaku Usaha Dalam Penjualan Dengan Menggunakan Fake Order Pada Jual-Beli Online Andrean, Paulus; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v2i1.13784

Abstract

ABSTRACT: Article 9 and Article 10 UUPK prohibit business actors from offering, promoting or advertising goods and services in a dishonest manner, as well as containing information that is incorrect or misleading to consumers. However, in reality there are shop owners trying to attract consumers' attention (a shortcut), by asking for help from their closest friends and family to take part in carrying out fake orders. Fake orders made by shop owners aim to increase sales. The aim of this research is to find out and explain the responsibility of business actors regarding sales by carrying out fake orders, as well as to find out and explain the forms of legal protection for consumers in buying and selling transactions through sellers who carry out fake orders. Normative juridical research method by examining library sources. The responsibility of business actors is part of the obligations that bind business activities. Article 1365 of the Civil Code as an article on unlawful acts makes several elements of (liability based on fault). The principle of responsibility based on fault (liability based on fault) is the most popular principle and is one of the principles for responsibility, so that error is the only factor in the birth of responsibility. As for preventive legal protection, efforts to prevent legal violations before they occur direct government action to be careful in making decisions based on discretion and prevention through the establishment of clear legal norms, legal education to the public, and effective law enforcement. Meanwhile, repressive legal protection, law enforcement against violations that have occurred, such as prosecution and trial. Aims to resolve the case, until it is handled by the competent judicial institution.
Perlindungan Konsumen Terhadap Wanprestasi dalam Investasi Perdagangan Pada Aplikasi Jombingo Buy-Together Sari, Puput Novita; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v2i1.13785

Abstract

ABSTRACT: Investment can be defined as the process of placing a certain amount of funds in a particular asset with the hope of obtaining profits from that capital in the future. Investment in the Jombingo Buy-Together application itself takes the form of investing capital by purchasing goods in the application and then getting a number of profits from purchasing goods. The legal basis governing capital investment is regulated in Law Number 25 of 2007 concerning Capital Investment. The research method used is normative juridical, using a statutory approach and a conceptual approach, the legal materials used are primary, secondary and tertiary. Collecting legal materials using literature study, and then analyzing them using qualitative analysis techniques. The results of this research show that legal protection for consumers who suffer losses in trading investments on the Jombingo buy-together application is divided into 2, namely preventive protection and repressive protection. Preventatively, namely legal protection aims to prevent losses or problems experienced by buyers. Several forms of preventive legal protection for consumers which regulate consumer losses in investments, as well as the rights and obligations of the parties, namely Law Number 8 of 1999 concerning Consumer Protection, Law Number 21 of 2011 concerning the Financial Services Authority, Law Number 19 2016 concerning amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions, and Financial Services Authority Regulation Number 6/Pojk.07/2022 concerning Consumer and Public Protection in the Financial Services Sector. Meanwhile, repressively, namely in the form of dispute resolution. Article 45 of the Consumer Protection Law states that every buyer who experiences a loss can resolve the dispute through litigation or non-litigation, based on the voluntary choice of the parties to the dispute.
Perlindungan Data Pribadi Konsumen Lazada Dalam Transaksi E-Commerce Simarmata, Rikson; Akyuwen, Rory Jeff; Pesulima, Theresia Louize
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.v2i1.13786

Abstract

ABSTRACT: The problem in this thesis is about the negligent actions of business actors in protecting consumers' personal data in Lazada E-Commerce Transactions. Based on Law No. 11 of 2008 concerning ITE Article 26 Paragraph 1, it can be seen that the use of any information via electronic media that concerns a person's personal data must have the consent of the person concerned. This research aims to ensure that every business actor who carries out e-commerce transactions is careful in disseminating consumer personal data, and every business actor is required to first obtain permission from the consumer concerned before disseminating personal data. The method used in this research is normative juridical with a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials which are analyzed qualitatively to answer the problems studied. Based on this research, Lazada consumer personal data protection in e-commerce transactions consists of preventive protection and repressive legal protection. Preventive protection carried out by the government is monitoring and checking the suitability of electronic systems and internal arrangements for electronic system operators to prevent losses from occurring to consumers who carry out e-commerce transactions. Repressive Protection is in the form of compensation for losses caused by leakage of consumers' personal data by business actors. Efforts to resolve disputes consist of two channels, namely litigation (court) to sue for compensation and non-litigation channels with alternative dispute resolution in the form of negotiation, mediation, conciliation, expert opinions and arbitration.
Tinjauan Yuridis Pemberlakuan Pemberatan Pidana Terhadap Residivis Penyalahgunaan Narkotika Ramadhanti, Aghniya Erlita; Wadjo, Hadibah Zachra; Taufik, Iqbal
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.v2i1.13816

Abstract

ABSTRACT: There are serious concerns regarding drug abuse in Indonesia, which has spread to various levels of society. This phenomenon has also become a global concern due to its detrimental impact. Law No. 35/2009 on Narcotics is the legal basis that regulates supervision, control, and sanctions against perpetrators of narcotics abuse. However, there are cases of drug abuse recidivists, such as the case of Dedi Ismail Yusuf Manilet, which shows a discrepancy between law enforcement and existing regulations. Dedi, who is a recidivist offender of narcotics abuse in a period of less than three years, in the second verdict did not receive criminal aggravation in accordance with applicable regulations. The purpose of this research is to analyze and examine the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics and the reasons why the judge did not impose criminal aggravation on the defendant in court decision No. 145/PidSus/2022/PNAmb. The research method, the author uses normative juridical research based on the main legal material by examining the theories and laws and regulations related to this research. The results of this research can be concluded that the mechanism of punishment against perpetrators of narcotics abuse based on Law Number 35 of 2009 concerning Narcotics can be imprisoned for a maximum of 4 years depending on the class of narcotics and can be rehabilitated under certain conditions. The reason why the judge did not aggravate the punishment against the defendant in court decision number 145/Pid.Sus/2022/PN.Amb is that there were defects in the procedure for imposing criminal sanctions against the perpetrator starting from the police, the prosecutor's office who did not charge the perpetrator with criminal aggravation, then in the end the judge in deciding the case was in line with the prosecutor's demands and charges and in his decision the judge did not pay attention to the fact that the defendant was a recidivist and did not pay attention to the defendant's statement that he had used methamphetamine and marijuana which the defendant stated during the trial.
Penegakan Hukum Pidana Terhadap Penjual Minuman Beralkohol Jenis Sopi di Maluku Tengah Laga, Alif Farhan; Lewerissa, Yanti Amelia; Tuhumury, Carolina
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.v2i1.13817

Abstract

ABSTRACT: All types of alcoholic beverages, including liquor, have been around for a long time. Private consumption of liquor is considered unlawful. Law enforcers have difficulty eradicating the habit of consuming alcohol which has become embedded in society. Regional Regulation No.02 of 2015 in Maluku, especially in Salahutu District, regulates the control and distribution of alcoholic beverages. If someone does not have a business license to sell liquor, they will lose out on funds. In Maluku itself, many people sell liquor in the form of sopi illegally or without an Alcoholic Drinks Trading Business License (SIUP-MB). The aims of this research are (1) to examine and analyze law enforcement for providers or sellers of sopi type alcoholic drinks in Central Maluku, and (2) to study and analyze the concept of criminal law enforcement against providers or sellers of sopi type alcoholic drinks in Central Maluku. In this research, the author uses empirical juridical law. For resource persons, involving residents in Liang village who often consume sopi alcoholic drinks, traditional leaders, Liang village government staff, and Babinkamtibmas. Data collection techniques in research are divided into 2, namely, literature study and field study. Based on the research results, it can be seen that the penalties governing alcoholic beverages are very weak so that they do not impose criminal sanctions on sellers of illegal alcoholic beverages, only goods (sopi) are confiscated as evidence. A draft law on alcoholic beverages should be created to resolve all problems related to alcoholic beverages, including sectoral regulations, non-uniform regional regulations, and law enforcement.
Perlindungan Hukum Terhadap Korban Malpraktek Kedokteran Iwan, Bintang R; Latupeirissa, Julianus Edwin; Saimima, Judy Marria
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.v2i1.13818

Abstract

ABSTRACT: Basic Legal Protection in the sense that errors can be intentional or negligent. Based on decision Number 75/Pid.Sus/2019/PN.Mbo, at the Cutt Nyak Dhien Meulaboh Regional General Hospital (RSUD) there were two health workers, namely a nurse and a midwife, who committed gross negligence. Namely injecting the wrong drug into a patient which results in death. Purposes of the research, to find out the legal regulations related to the behavior of medical personnel which causes the death of patients, and forms of criminal penalties for medical personnel who cause the death of patients, victims of medical malpractice and health protection laws. This research method uses a normative legal research type, while this research method uses a statutory approach, with data sources taken from secondary data obtained through library research. The data is then processed and carried out using qualitative analysis. Based on the results of the research, regulations regarding the activities of medical personnel that cause death are regulated in Articles 1 and 2 of Law Number 36 of 2014 concerning the Health of Medical Personnel. The law stipulates that actions of medical personnel that cause the death of a patient are punishable by imprisonment for a maximum of 5 (five) years. Criminal acts of medical personnel that result in the death of patients are acts of negligence by medical personnel, not intentional medical acts. It can be said that the defendant's actions were not only considered negligent, but the actions of the medical staff were also intentional, resulting in the death of the patient they were treating due to an error in administering the drug. Therefore, a sentence of 2 (two) years in prison is still deemed inappropriate and does not provide a sense of justice for the victim's family for the death of a patient who was a victim of professional misconduct, one of which was intentional.
Kajian Viktimologi Orang Dengan Gangguan Jiwa Sebagai Korban Penganiayaan Mailoa, Mikhael Patric Jansen; Latupeirissa, Julianus Edwin; Taufik, Iqbal
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.v2i1.13819

Abstract

ABSTRACT: Persecution is an act against the law, so there are many actions that can be carried out by irresponsible people, where an act of covering up what happened can be in the form of torturing, thinking, etc. An act of drawing can occur intentionally or unintentionally so it can also result in the death of a human victim. For example, the transmission case that occurred in Masohi was a victim of a person with a mental disorder, where the suspect named Ancamali carried out the transmission to a person with a mental disorder and also burned the person with a mental disorder, resulting in the victim dying, so Ancamali received a prison sentence of 4 years and 6 months. The problem that the author can discuss is how to study the victimology of people with mental disorders (ODGJ) who are victims of abuse and how to deal with people with mental disorders who become human victims. This writing uses the Normative Juridical research type, with a statutory regulation approach, a conceptual approach and a case approach. The results of the research show that actions carried out by irresponsible people are mandatory and must be held accountable in accordance with applicable regulations, in article 338 of the criminal code which states "whoever deliberately takes the life of another person is threatened because murder with a maximum prison sentence of fifteen years.” as well as efforts to handle people with mental disorders who become human victims, can be done through preventive and repressive efforts.
Perlindungan Hukum Terhadap Orang Dengan Gangguan Jiwa Sebagai Korban Penganiayaan Hasanudin, Dahlia; Toule, Elsa Rina Maya; Saimima, Judy Marria
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.v2i1.13821

Abstract

ABSTRACT: Indonesia is a rule of law country where there is always recognition and protection of human rights. Legal protection by the state is one of the absolute elements that can create peace, peace and order regarding human rights as contained in the 1945 Constitution of the Republic of Indonesia. The government has an obligation to fulfill the rights of every citizen without any discrimination in various aspects. However, in reality, in everyday life there are still frequent violations related to human rights experienced by people with mental disorders (ODGJ). People with mental disorders often receive negative stigma from society. The stigma obtained is in the form of discrimination and even violence. One of the acts of violence experienced by ODGJ is acts of abuse. The research method used in this research is the Normative Law research method. The problem approaches used are the statutory approach, conceptual approach and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials uses library research, as well as analyzing legal materials using qualitative analysis methods by interpreting the legal materials that have been processed. Based on the research results, it can be concluded that legal protection for ODGJ has been regulated in various laws and regulations, including: the 1945 Constitution of the Republic of Indonesia, Law no. 36 of 2009 concerning Health, Law no. 18 of 2014 concerning Mental Health, Law no. 8 of 2016 concerning Persons with Disabilities. and the Criminal Code, which was created to guarantee that ODGJ receive health protection and protection from various acts of violence. Criminal liability for perpetrators of abuse of ODGJ can be sentenced to criminal penalties if they are proven to fulfill the elements of a criminal act of abuse, namely: an unlawful act. The act causes suffering or injury, the act is done intentionally. In case Number: 44/Pid.B/2022/PN Msh. The panel of judges sentenced the defendant Mahmud Refra to prison for 4 (four) years and 6 (six) months. Because he has been legally and convincingly proven guilty of committing the crime of torture which resulted in death in accordance with the subsidiary indictment and acquitted the defendant from the primary indictment of the public prosecutor. By paying attention to the facts revealed at trial.
Kebijakan Penyelesaian Perkara Kekerasan Seksual Terhadap Anak Usmany, Jesisca Gloria; Sopacua, Margie Gladis; Saimima, Judy Marria
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.v2i1.13867

Abstract

ABSTRACT: Children are the greatest gift for the family, religion, nation and state. children are the successors of ideals for the progress of the nation, and for that children need protection. Children are often used as material for violence by adults without thinking about the impact of these actions, one of these violence is sexual violence. Sexual violence is an act or behavior that is carried out by targeting a person's sexuality or sexual organs without consent, with elements of threat and coercion, for this reason children must be given protection and provide appropriate sanctions for those who commit this act. This research is empirical juridical research, which uses a statutory approach, conceptual approach, and case approach, the legal materials used are primary, secondary and tertiary legal materials. The results of the discussion of this paper are to explain the factors that influence or cause the occurrence of criminal acts of sexual violence against children, namely internal factors containing intentions and desires that come from within, lust, sexual deviations, and gaps in power and violence. external factors or those that come from outside themselves where the contents are in the form of conditions and the environment where sexual violence crimes are committed and the influence of the social environment where the perpetrator lives besides that this research also explains the efforts made to overcome sexual violence against children, namely through penal and non-penal channels. The penal path is a settlement path using repressive criminal law. Then for the non-penal path is a solution path outside of preventive criminal law.

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