PATTIMURA Law Study Review
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.
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206 Documents
<![CDATA[Kedudukan Bezitter Terhadap Objek Warisan ]]>
<![CDATA[Ruff, Elis]]>;
<![CDATA[Tjoanda, Merry]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16062
<![CDATA[Inheritance law is part of marriage law. This relationship occurs because inheritance law regulates how a person's property and wealth will be distributed to the heirs. The inheritance process will refer to the transfer of property from heirs to heirs. The law authorizes the heirs to own the right to inheritance. Inheritance that has no heirs will be under the control of the heritage hall, in the Indonesian Civil Code Material rights, namely, Bezit, Eigendom, and material rights over other people's property, will be exercised by Bezitter after that, where Bezitter who has good faith has the right to acquire ownership of the object. The possession of an inheritance by a Bezitter can occur if the heirs do not exist or are unable to perform their rights and obligations. This refers to the application of the principle of expiration, to study and discuss the right of bezitter to the object of inheritance and to discuss the legal consequences of the object of inheritance that is leased to other parties. The legal research method used in examining this problem is normative juridical, which is based on primary, secondary, and tertiary legal materials, and uses a statute approach and a conceptual approach. The result of this writing explains that Bezitter's position on the control of an inheritance according to Article 1185 can be done if, a Bezitter who has in good faith has managed and cared for an inheritance for a long period of time (verjaring) is allowed to control an inheritance if the heirs are unable to exercise their rights and obligations. Legal protection can be done by implementing relevant laws and regulations as a preventive step in maintaining security and law enforcement.]]>
<![CDATA[Tanggug Jawab Suami Istri Terhadap Hutang Bersama Setelah Penceraian ]]>
<![CDATA[Sukur, Fatma Resdiana]]>;
<![CDATA[Latupono, Barzah]]>;
<![CDATA[Lakburlawal, Mahrita Aprilya]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16081
<![CDATA[The responsibility of married couples in settling joint debts after divorce is a very important thing to study. The reason is, there is no provision in Indonesia's positive law that regulates the settlement of joint debts after the dissolution of a marriage, which results in the parties not knowing how to settle joint debts, and also in certain cases will cause losses to one of the parties, both husband and wife who bear a larger amount of debt so that there is an injustice in the distribution of the debt. The method used in this study is normative juridical, to analyze legal problems contained in laws and regulations. The results of the study show that regarding the position of joint property between husband and wife during marriage in accordance with article 35 paragraph (1) property obtained during the marriage period becomes joint property, and under joint control where its use must be with mutual consent. After divorce, if referring to article 37 of the Marriage Law, the joint property is divided according to their respective laws, but in general, the joint property is divided equally between the ex-husband and wife according to the property obtained during the marriage period. Regarding the responsibility for joint debts, referring to article 35, joint debts used to meet the needs of the household and by mutual consent can be considered part of the joint property and the responsibility of the debt must be divided equally between the ex-husband and wife in order to create justice.]]>
<![CDATA[Status Tanah Hak Erfpacht Yang Diperjualbelikan ]]>
<![CDATA[Tuanaya, Firda Hawa]]>;
<![CDATA[Laturette, Adonia Ivonne]]>;
<![CDATA[Uktolseja, Novyta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16082
<![CDATA[Land ownership rights in Indonesia are very diverse, one of which is erfpacht rights. Erfpacht rights are rights to foreign land that have been in effect in Indonesia since colonial times, and were later changed to business use rights and building use rights. In accordance with the law, erfpacht land cannot be transferred to heirs or other parties. After the erfpacht right holder dies, the right to the land ends and the rights are returned to the state. Because, only the right holder has the authority to convert the land, and it cannot be converted by anyone else. So based on the problems above, this research will discuss whether the status of erfpacht land rights that have expired can be traded to other parties, as well as what are the legal consequences of the status of erfpacht land rights being traded. This legal research uses a normative juridical approach using primary, secondary and tertiary legal materials. Collection of legal materials is carried out through literature study and processing. Analysis of legal materials was carried out using a descriptive method using a qualitative approach. Based on the research results, it was concluded that erfpacht rights could be transferred (sold) to other parties and could be subject to mortgage (used as collateral to obtain loans from banks). Erfpacht rights can also be returned to the state, and can be revoked if they do not fulfill the conditions set out in the agreement.]]>
<![CDATA[Penyelesaian Sengketa Tanah Petuanan Antara Marga Walalayo Negeri Hatu Dan Negeri Saunulu Kecamatan Tehoru Kabupaten Maluku Tengah ]]>
<![CDATA[Walalayo, Isabella]]>;
<![CDATA[Laturette, Adonia Ivonne]]>;
<![CDATA[Radjawane, Pieter]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16083
<![CDATA[The rights of a legal partnership over the land around its environment are known as Ulayat Rights which is the highest right to land owned by a legal association (Tribe, State, or Village) where the members of the community (legal association) have the right to control it and in its implementation it is regulated by the heads of the alliance (Tribal Head, King or Village Head) concerned. This research aims to examine the regulation of customary rights land boundaries according to customary law and how to resolve disputes over clan land rights that border between one country and another. The research method used is a type of Normative Legal research, namely library research or document study. The results of this research show that resolution of a dispute can be done in two ways, namely through litigation (in court) and through non-litigation (outside court). Based on the results of the author's research, historically the ownership of customary rights controlled by the Walalayo clan of Negeri Hatu has existed since the time of the ancestors from 1620, but in 2016 the people of Negeri Hatu planned to clear the land to make plantations but this was prohibited by the Sounolu State because the Sounolu State through the Chief The village claimed that the customary rights belonged to them because this ultimately resulted in a dispute and led to conflict between the two countries. In resolving the dispute in question, it was resolved through mediation through the Central Maluku Regency Police Department until there was a judge's decision regarding the resolution of the dispute, but both parties still maintain their respective rights so that to date the dispute over the owner of the customary land has not been resolved.]]>
<![CDATA[Perlindungan Hukum Terhadap Pelanggan Jasa Telekomunikasi Dalam Registrasi Kartu Seluler Prabayar Melalui Gerai ]]>
<![CDATA[Alfons, Gilberth]]>;
<![CDATA[Saija, Ronald]]>;
<![CDATA[Pariela, Marselo Valentino Geovani]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16084
<![CDATA[Technological advancements in Indonesia have made life easier for the public, particularly in telecommunications with the advent of smartphones. However, this technology also brings the risk of cybercrime. To protect personal data, the government mandates the registration of prepaid cards with National Identification Numbers (NIK) and Family Card numbers (KK). Nevertheless, the legal protection of personal data in this process remains a subject of debate. This research aims to understand the form of legal protection for personal data of telecommunications service users in light of the mandatory registration of prepaid cards and the legal implications of this registration requirement. This research employs a normative legal study of descriptive-analytical nature and uses a statutory approach. What There are two forms of legal protection for personal data under the prepaid card registration law: preventive and repressive. Preventive protection is provided by Article 17 of the Minister of Communication and Informatics Regulation No. 12 of 2016 (amended by Regulation No. 21 of 2017) and Article 15 of Regulation No. 20 of 2016 on Data Protection. Repressive protection is under Article 95A of Law No. 24 of 2013 on Population Administration and Article 51(1) of Law No. 19 of 2016 on ITE. Legal implications include mandatory registration, centralized validation, penalties for data leaks, and restrictions on data disclosure.]]>
<![CDATA[Wanprestasi Dalam Perjanjian Bagi Hasil Perkebunan Pala Di Negeri Morella Maluku Tengah ]]>
<![CDATA[Mony, Zulfikar]]>;
<![CDATA[Akyuwen, Rory Jef]]>;
<![CDATA[Kuahaty, Sarah Selfina]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16085
<![CDATA[Law Number 2 of 1960 which regulates Production Sharing Agreements, that: (1) So that the distribution of land results between owners and cultivators is carried out on the basis of justice; (2) By emphasizing the rights and obligations of owners and cultivators to guarantee proper legal status for cultivators, in the agreement on sharing the results of nutmeg plantations in Morella, Central Maluku, where the plantation owner with the initials Fadli Mony and the farmer with the initials Rizki Mony made an agreement in which the owner The plantation makes an agreement with the cultivator to cultivate the nutmeg and the plantation owner promises to share the results of his cultivation, which in the agreement, the plantation owner promises to share 100%, where the plantation owner gets 50% and the cultivator gets 50% but when the cultivator has cultivating nutmeg and it has been sold, it turns out that the plantation owner violated the agreement where the plantation owner only gave 30% to the cultivator who cultivated and sold the nutmeg produce. This research method uses normative research with a legal and conceptual approach as the research methodology. These primary and secondary legal materials are used. Reading and reviewing various types of literature related to the research problem or directly related to the problem being researched is a good technique for collecting and analyzing legal materials in this research. Based on the results of this research, in the case of nutmeg plantation cultivators and plantation owners, they tend to choose deliberation rather than going to court because they prioritize good relations.]]>
<![CDATA[Tanggung Jawab Perusahaan Yang Melakukan Pencemaran Lingkungan Hidup ]]>
<![CDATA[Latuconsina, Rifqi]]>;
<![CDATA[Angga, La Ode]]>;
<![CDATA[Fataruba, Sabri]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16086
<![CDATA[The sustainability of living beings is an important part of life. Everyone wants to have a clean and healthy living environment. The presence of Jaya Konstruksi company as a legal subject does not carry out its obligation to compensate and take certain actions for its actions. Environmental pollution due to the company's activities that contain sand and concrete has polluted the environment around residents' homes for these actions The company must be responsible based on fault (liability based on fault).]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Dalam Transaksi E-Commerce di Media Sosial Facebook ]]>
<![CDATA[Sapulette, Mariska Zefanya]]>;
<![CDATA[Pesulima, Theresia Louize]]>;
<![CDATA[Labetubun, Muchtar Anshary Hamid]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i2.16087
<![CDATA[Online buying and selling is carried out by someone through various private social media channels, therefore online buying and selling is directly connected to sellers and buyers. One of the social media used for online buying and selling is Facebook, however in buying and selling via Facebook there are still problems where there is a lot of fraud because online buying and selling activities do not involve face-to-face activity between buyers and sellers. Online buying and selling agreements are also regulated in Article 5 and Article 6 of Law Number 11 of 2008 concerning Information and Electronic Transactions, hereinafter referred to as the ITE Law, which states that information, documents and electronic signatures can be valid evidence in buying and selling transactions. Online is considered valid as long as the information contained therein can be accessed, displayed, its integrity is guaranteed, and can be accounted for so that it explains a situation. The type of research used is a type of normative research which is carried out by examining library materials or secondary data, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials is carried out by examining legal materials, compiling legal materials, systematic legal materials and finally processing and analyzing legal materials. The research results show that the responsibility of business actors towards consumer rights is regulated in article 19 of Law Number 8 of 1999 concerning Consumer Protection and as well as other legal protections in transactions on social media in online buying and selling as regulated in Law Number 11 2008 concerning Information and Electronic Transactions (hereinafter referred to as the ITE Law) as amended by Law Number 19 of 2016.]]>
<![CDATA[Akibat Hukum Perkawinan Dibawah Tangan ]]>
<![CDATA[Rumfaran, Ani]]>;
<![CDATA[Angga, La Ode]]>;
<![CDATA[Labetubun, Muchtar Anshary Hamid]]>
<![CDATA[ PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 2024 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v2i3.17443
<![CDATA[Marriage under hand is a legal marriage if it is carried out according to religion and each belief, but according to the law it is invalid because the marriage is not officially registered at the Office of Religious Affairs or the Civil Registration Office so that it can cause various significant legal consequences, including the loss of legal protection, child status, rights and obligations of husband and wife in administrative difficulties are legal institutions that have a significant impact on individuals and society. This research aims to examine the legal consequences of marriage in the context of positive law in Indonesia. The research method used is normative juridical, using a statutory approach, conceptual approach and case approach. The law used is literature study, journals and internet media. The results of the study indicate that the Legal Status of Marriage Under the Hand in Review of Positive Law in Indonesia is a marriage under the hand or marriage sirri is a marriage that is not registered according to the applicable laws and regulations, so that legally the marriage is considered to have never existed, because it does not have outentik deed evidence. Another legal consequence is that the wife, children and other relatives of the wife cannot claim their legal rights to the husband and even children from the marriage cannot use their birth certificates using their father's name as the name of their parents ever existed, because they do not have proof of authentic deeds.]]>
<![CDATA[Kebijakan Hukum Pidana Terhadap Penjualan E-Book Bajakan Melalui Marketplace ]]>
<![CDATA[Tharob, Khusnul]]>;
<![CDATA[Hehanussa, Deassy Jacomina Anthoneta]]>;
<![CDATA[Taufik, Iqbal]]>
<![CDATA[ PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v3i1.17185
<![CDATA[Indonesia is one of the four countries with the highest piracy rate in the world. After software and music piracy, book piracy ranks third. Violations of books are increasingly occurring through reproductions, innovations and traditional works, as well as violations of works when other parties do not exercise the same rights. Author's rights, including the exclusive rights of the author. Apart from that, it could be considered a violation of the book owner's rights if another party reproduces the book. in amounts without transfer or Limitation. Increased buying and selling of books copied by other people who are not copyright holders is available on e-commerce platforms. Accelerating the fair use of law and technology in protecting copyright holders is very necessary. Apart from providing legal protection for copyright holders. The research results show that: (1) Selling pirated e-books through the marketplace can be qualified as a criminal act. Under the law in many countries, including Indonesia, this action violates copyright. Pirated e-books are works that are distributed without permission from the copyright holder. This violates existing Copyright Laws in many jurisdictions, including Indonesia; (2) As regulated in Article 10 of the Copyright Law, the management site is responsible for any copyright infringement that occurs in the site it manages. So, based on this, the marketplace can be held accountable in the event of a copyright violation in the form of a literary work (E-book) on the marketplace's platform. In the event of a violation of a literary work, the creator/copyright holder or their heirs can report/sue the seller and marketplace through litigation and non-litigation channels. However, in litigation efforts in the form of criminal proceedings, the enactment of the complaint offense makes legal action increasingly narrow.]]>
