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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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Kebijakan Hukum Pidana Terhadap Tindak Pidana Kepemilikan Senjata Api Oleh Masyarakat Sipil Termature, Marlen; Sopacua, Margie Gladis; Latumaerissa, Denny
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.v2i1.13868

Abstract

ABSTRACT: Possession and misuse of firearms by civilians is a very dangerous and potentially dangerous matter. How firearms can cause the death of a person or many people. Even though firearms are very important for national defense and security, firearms can usually cause very detrimental consequences for individuals and society if they are misused or used not in accordance with applicable regulations. Therefore, this paper aims to determine the legal policies implemented regarding the ownership of firearms by civilians. The research method used in this writing is Normative Juridical, the problem approach used is the statutory approach, case approach and conceptual approach, the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this writing was carried out using the literature study method, the processing of legal materials in this writing was carried out by systematizing the legal materials by carrying out selection of legal materials and the analysis used in this writing used qualitative analysis methods. The result of the discussion of this writing is to explain one form of criminal law policy, namely Formulation Policy. Formulation Policy is a step taken by the state to formulate any actions that are considered disgraceful, then use criminal law as an effort to overcome actions that are considered disgraceful, so that people stay away from them or do not commit these actions. However, in reality, the current criminal law formulation policy, especially regarding the current Policy for Formulating the Crime of Illegal Firearms Possession, has a number of fundamental weaknesses, thus affecting the level of effectiveness in the implementation of eradicating the crime of Illegal Firearms Possession, due to weaknesses in the formulation stage (in abstracto) is a strategic weakness for the next stage, namely the application and execution stage (in concrete). Apart from that, there are many law enforcement efforts carried out related to criminal acts of possession of firearms by civil society, including: preventive efforts and repressive efforts. In efforts to enforce the law, the obstacles encountered are: internal obstacles and external obstacles.
Penegakan Hukum Pidana Terhadap Perbuatan Cabul Bagi Mayat (Studi Putusan Nomor 62/PID.B/2020/PN.BNR) Marasabessy, Santy; Hehanussa, Deassy Jacomina Anthoneta; 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.v2i1.13869

Abstract

ABSTRACT: Obscene acts for corpses are very heinous and indecent. This action relates to the norms of decency, the honor of a person. The research method used is normative juridical using a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary, and tertiary legal materials. The analysis of the legal material used is qualitative analysis. The results showed that: in criminal law enforcement against lewd acts for corpses, the rule of law against the accused KIRAH ALIAS BOLOT PRIMARI. The defendant has been legally and conclusively proven guilty of murder and corpse molestation, therefore the author uses concursus in research as a thought and policy in following up the study of the verdict in this writing. In accordance with the facts of the trial that took place, according to the author, the sentence for the accused KIRAH must be toughened again in order to have a deterrent effect on the perpetrators.
Diversi Sebagai Bentuk Penyelesaian Perkara Anak Yang Berhadapan Dengan Hukum (Studi Putusan Perkara Nomor 3/Pid.Sus-Anak/2022/PN Amb) Latekay, Honney Uplera; Wadjo, Hadibah Zachra; Corputty, Patrick
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.v2i1.13870

Abstract

ABSTRACT: Diversion is the transfer of resolution of children's cases from the criminal justice process to a process outside criminal justice. Diversion is carried out at three levels, namely at the investigation, prosecution and court levels. In this case, if the diversion deliberation process is successful, the case will not proceed to the next stage, but if diversion deliberations fail to be carried out at the investigation level, the next effort is to conduct diversion deliberations at the prosecution level. If there is no common ground at the prosecution level, then diversion will be attempted at the court level. The aim of this research is to find out whether the diversion process in this research has fulfilled the principle of legal certainty or not and to find out what factors cause the success of diversion in court. Based on the results of this research, it was concluded that it does not fulfill the principle of legal certainty, because children who make mistakes are not given a deterrent effect by being sentenced to 15 years in prison as regulated in article 81 paragraph (1) and/or paragraph (2) Jo. Article 76D of Law number 35 of 2014 is an amendment to Law 23 of 2002 concerning child protection and the factors causing the success of diversion in court, namely consideration of the customs of Supreme Court Regulation No. 4 of 2014 Article 3.
Penerapan Sanksi Terhadap Pelaku Residivis Penyalahgunaan Narkotika Di Lembaga Pemasyarakatan Madaul, Riska; Supusepa, Reimon; Patty, Jetty Martje
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.v2i1.13871

Abstract

ABSTRACT: Narcotics abuse is a crime and violation that threatens the safety, both physical and mental, of the user and also of the surrounding community socially. This narcotics abuse is not only carried out by narcotics abusers, but also by residents with prisoner status who are languishing in correctional institutions, thereby making prisoners entangled in the same cases. However, the deterrent effect of sanctions for this punishment is not considered to have a deterrent effect. In one of the narcotics cases committed by a drug recidivist, previously in 2018, the defendant with the initials MP was sentenced to 6 years in prison and languished behind iron bars. However, in 2021, precisely on January 17 2021, the defendant MP committed his crime again in a correctional institution. The aim of this research is to find out and analyze the application of sanctions against recidivist perpetrators of narcotics abuse in the Ambon Class IIA Correctional Institution and how efforts are made to control the circulation of narcotics in the Ambon Class IIA Correctional Institution. The research method used is empirical juridical research. The data sources used are primary data and secondary data. The technique for collecting legal materials is through interviews and then analyzed through descriptions using qualitative methods. The results of this research conclude that the application of sanctions to recidivists of criminal acts of narcotics abuse who distribute narcotics within prisons is by applying severe penalties to inmates as stated in Article 10 paragraph (3) of the Minister of Law and Human Rights Regulation Number 6 of 2013 regarding the Rules of Prisons and Detention Centers, which include being put in solitary confinement for 6 (six) days and can be extended for 2 (two) times 6 (six) days and not getting remission, leave to visit family, conditional leave, assimilation, leave before release, and parole within the current year and must be recorded in the guidance card, efforts to overcome the recidivism of criminal acts of narcotics abuse can be carried out through preventive and repressive efforts.
Tindak Pidana Pemerkosaan Terhadap Anak Di Bawah Umur Di Kota Ambon Wuarlela, Fransina; Toule, Elsa Rina Maya; Salamor, Anna Maria
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.v2i1.13873

Abstract

ABSTRACT: Children need to receive more serious attention from the Indonesian government. This happens because there is still a tendency that child victims are still neglected by the government and component institutions of the criminal justice system. Every person has the right to be treated fairly and have their rights protected as stated in article 28 of the 1945 Constitution of the Republic of Indonesia. The problems raised in this writing are: how is criminal responsibility for the crime of rape against minors, and how to protection from violence against children in Ambon City. The research method used is Normative Law research or library research. This means that legal research examines document studies, which are in the form of various primary laws such as statutory regulations, court decisions, legal theories and can be in the form of scholarly opinions. The results of the research can be concluded that criminal responsibility for rape cases is regulated in Article 285 of the Criminal Code with imprisonment and a maximum penalty of life imprisonment. Efforts to protect against violence against children are carried out in a penal and non-penal manner. Penalty is a repressive countermeasure carried out after a crime occurs by enforcing the law and imposing punishment. Actions taken to overcome this are through coaching and rehabilitation measures. Non-penal is a preventive response effort with actions in the form of prevention before a crime occurs. This action is carried out through socialization, familiarization with the law, and improvement of businesses.
Kebijakan Krimimnal Perbuatan Ujaran Kebencian (Hate Speech) Melalui Media Sosial Menurut Hukum Pidana Noija, Jofransly Imanuel; Toule, Elsa Rina Maya; Latumaerissa, Denny
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.v2i1.13874

Abstract

ABSTRACT: Hate speech is a prohibition stipulated in Article 28 Paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions which prohibits everyone from spreading hate speech. This act is an unlawful act because it violates human rights, such actions can be carried out not only directly but also on social networks which make people freely criticize and express hatred. Therefore, this paper aims to review and analyze the acts and forms of hate speech through social media. The research method used in this writing is Normative Juridical, the problem approach used is a statutory approach, case approach, and conceptual approach, the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this writing is carried out by the literature study method, the processing of legal materials in this writing is carried out by systematizing legal materials by carrying out the selection of legal materials and the analysis used in this writing uses a qualitative analysis method. Based on the results of the research, it is explained that the criminalization of hate speech through social media is an act that violates the law and can be subject to criminal sanctions, the provisions regarding hate speech in Indonesia that exist at this time as stated in Articles 156, 157, 310, 311 of the Criminal Code, Article 28 jis Article 45 paragraph (2) of the ITE Law, and Article 16 of Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, have clearly regulated the prohibited acts and criminal threats. Hate speech crimes take several forms such as insults, defamation, blasphemy, unpleasant actions, provoking, inciting, and spreading false news on social media that cause actions that violate the rule of law.
Penerapan Diversi Oleh Hakim Dalam Penyelesaian Perkara Pidana Anak Ditingkat Pengadilan (Studi Pengadilan Negeri Masohi) Tetelepta, Natalisya; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
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.v2i1.13876

Abstract

ABSTRACT: Diversion is the resolution of a child's case from a criminal process to a process outside of criminal law. Because children have rights to be protected, the handling of children's cases and adult cases is certainly different. Diversion can be carried out at every level, starting from investigation, investigation and even court level. With the existence of a diversion system, it is hoped that there will be legal reform in children's cases so that the diversion process is carried out to prevent children from being labeled as criminals and to prevent children from being negatively impacted by the prosecution process. Purposes of the research to find out the application of restorative justice in the diversion process in court as well as the mechanism for implementing diversion by judges in resolving criminal cases at court level. The research method in this research is normative juridical. The problem approaches used are the statutory approach, conceptual approach and case approach. The results of this research show that in carrying out the diversion process in court the judge has the right to determine which children's cases can be attempted diversion and in its implementation the judge must also seek diversion through the mechanisms that have been regulated. In children's cases with determination Number 2/Pen.Div/2023/PN Msh Jo. Number 3/Pid-Sus-Anak/2023/PN The judge has attempted diversion in accordance with the diversion implementation guidelines mechanism in PERMA No.4/2014, so that the diversion efforts carried out in the child's case at court level can be successful.
Pembatalan Merek PT. Sumatra Tobacco Trading Company Akibat Persamaan Pada Pokoknya Dengan Merek Dagang Starbuck Corporation Matakena, Anjelin Jei; Haliwela, Nancy Silvana; Pariela, Marselo Valentino Geovani
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.16059

Abstract

In the world of trade, related to a brand used on a product, as regulated in Act Number 20 of 2016, concerning Brand and Geographical Indications. Brands are a form of intellectual work that play an important role in the effectiveness and improvement of trade in goods and services. Brands are also a differentiating factor, with each good and service having their own personalized apperance, so that consumers can easily recognize a good or service. However, legal regulations in the field of brands and geographical indications do not fully support the registration of trademarks in Indonesia, which caused similarities between brands. This can be seen in the brand cancellation issue between Starbucks Corporation and PT Sumatra Tobacco Company (STTC) which was caused by trademark similarities. The legal research method used for this research is based on primary, secondary and tertiary legal materials, and uses a statutory approach and a conceptual approach. The results of the research show that the brand registration between Starbucks Corporation and PT.Sumatra Tobacco Company (STTC) experienced trademark similarities, which essentially resulted in a brand cancellation. The legal consequences of a brand cancellation that occur consists of PT. Sumatra Tobacco Company (STTC) to no longer use the "STARBUCKS" trademark and that the Starbucks company is the full rights-holder for the "STARBUCKS" trademark. As a result of the large number of cases of brand cancellations that have occurred, the government and the Director General of Intellectual Property Rights as the authority for brand registration needs to give more attention in terms of supervising and accepting trademark registration. Likewise, the companies has to be educated regarding registering their brands and its trademarks.
Status Kepemilikan Kios Dalam Pusat Perbelanjaan Yang Dibangun Berdasarkan Kontrak Bangun Guna Serah Tupamahu, Cheryl Nathania; Berlianty, Teng; Kuahaty, Sarah Selfina
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.16060

Abstract

Build Opreate and Transfer Contract is an alternative project financing by the government which gives management rights to private parties for 30 years and then the land and buildings are completely handed over to the government. Based on this agreement, the construction of a building in the form of a commercial building using land which is a regional property asset requires Building Rights. In its management, the private sector as a cooperation partner is given the right to operate the building, including renting or selling the unit inside. For unit ownership based on a sale and purchase agreement, a Flat Unit Ownership Certificate is issued as legal proof of ownership of the unit. This has an impact on the ownership status of the unit after the end of the Build Operate and Transfer Contract which states that the building is fully owned by the government. The issuance of a Certificate of Ownership Rights for a Flat Unit is based on a Building Rights Certificate, while the issuance of a Building Rights Certificate is based on a Build Operate and Transfer Contract. This shows that the Build Operate and Transfer Contract underlies all the agreements above it so that when it ends, all the agreements above also end.
Perlindungan Hukum Karya Seni Lukisan Yang Di Tiru Dan Disebarluaskan Tanpa Hak Latupeirissa, Diouf Alexsandro; Pesulima, Theresia Louize; Balik, Agustina
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.16061

Abstract

In Indonesia there are still many copyright violations, one of which is painting. where a painting is imitated and redrawn and sold without the permission of the copyright holder. The research method used is normative juridical using a statutory approach and also a conceptual approach. There are legal sources used including primary legal materials, secondary legal materials, and tertiary legal materials. With the technique of collecting legal materials, it will be linked to legal facts, legal events and legal consequences so that it will be analyzed based on qualitative methods. The results of the research show that legal protection for creators of works of art whose paintings are imitated and distributed without rights is considered a copyright violation. Because it violates the law which involves taking and using it commercially without the permission of the copyright holder. The form of responsibility that must be carried out by the gallery75 owner is to delete the paintings posted on his social media accounts, and make compensation or give a portion of the proceeds obtained.

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