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Muchtar A H Labetubun
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mahlabetubun@gmail.com
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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.
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INDONESIA
PATTIMURA Law Study Review
Published by Universitas Pattimura
ISSN : -     EISSN : 30252245     DOI : https://doi.org/10.47268/palasrev
Core Subject : Social,
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
Tindakan Menaiki Kapal Asing Yang Melintasi Pelayaran Internasional Oleh Militer Negara Lain Siwabessy, Elsa Jhon; Peilouw, Johanis Steny Franco; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19699

Abstract

The concept of "Res communis" which states that the sea belongs to the common property of all people of the world. In a video released by the Iranian Navy, a group of soldiers of the Islamic Revolutionary Guard Corps (IRGC) plunge aboard the Advantage Sweet oil tanker bound for Houston in the Gulf of Oman on Thursday, April 27. This type of research is normative juridical where research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The collected legal materials are analyzed qualitatively, the elaboration of which is systematically arranged based on legal disciplines. Based on the results of the research, freedom on the high seas is regulated in the United Nations Convention on the Law of the Sea (UNCLOS 1982) which is the basis of international law on the high seas that gives the right to freedom of navigation to all ships. This includes the right to sail, fly, and perform other maritime activities without hindrance. Regulations on the high seas are regulated by UNCLOS 1982 in Article 87 concerning freedom on the high seas, namely, freedom of navigation, freedom of flight, freedom to install submarine cables and pipelines, freedom to build artificial islands, freedom to fish and freedom of scientific research. in the act of Iran boarding the Adventage Sweet, on the international shipping channel. cannot be justified because this is a direct violation of the provisions of the 1982 Convention, one of which is freedom of navigation in international seas. This action is a violation because the ship is not proven to have committed a violation.
Perlindungan Hutan Amazon Berdasarkan Konvensi UNFCCC (United Nations Framework Convention On Climate Change) Aponno, Frederika; Hanafi, Irma Halima; Riry, Welly Angela
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19700

Abstract

: In recent years, forests have become rare due to human activities. The decreasing number of trees has an impact on the forest's ability to absorb pollution in the air. Deforestation is the main cause of forest destruction. Forest protection in this modern era is becoming increasingly important because forests have a very large role in maintaining the balance of the global environment, providing important ecosystem services, including absorbing carbon dioxide as previously explained. Raising the issue of forest protection as a global agenda is a strategic effort to increase awareness and global cooperation in stopping the rate of forest destruction. Various global forums under the United Nations (UN) have supported the implementation of sustainable forest management (Sustainable Forest Management/SFM) at the national, regional and international levels. The research method used in researching and discussing this problem is normative juridical which uses a legislative approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The results of this study emphasize that there is a need for closer international cooperation, both between countries that have the Amazon Forest and with donor countries, to increase funding and technology in conservation efforts. Then it is important to increase public education and awareness about the importance of the Amazon Forest, so that it can involve local communities in efforts to protect and manage forest resources. In addition, it is hoped that the UN can ensure that forest protection is integrated into national and local development plans, so that there is no conflict between economic development and environmental conservation.
Aliansi Militer Sebagai Alat Pencegah Perang Horhoruw, Raynold; Anwar, Arman; Waas, Armelia Febriyanti
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19701

Abstract

Military alliances are a form of cooperation between countries that function to maintain global stability and security. Alliances, such as NATO, operate within an international legal framework that ideally aims to maintain peace, but in practice often face challenges related to effectiveness and compliance with humanitarian law. The research method used is normative juridical with legal, case, and conceptual approaches. The source of legal materials is in the form of primary, secondary and tertiary Where the collection of legal materials is carried out using literature studies. Furthermore, the Analysis Technique uses qualitative analysis, namely legal materials that have been collected, read and understood, then analyzed to get answers to the formulation of the problem. The results of the study show that humanitarian law does not explicitly govern military alliances, but provides the principles that bind member states. The Geneva Convention and the Additional Protocols are the main reference to ensure military operations in accordance with humanitarian principles. However, the effectiveness of military alliances as a deterrent to war is not always guaranteed. A case study of the Russia-Ukraine conflict shows that despite NATO's efforts at diplomacy and deterrence, war still occurs, signaling that military alliances are not always able to prevent aggression.
Pengaturan Dan Pemenuhan Hak Pendidikan Anak Anak Pengungsi Di Negara Transit Berdasarkan Hukum Internasional Siahaya, Brian S; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19702

Abstract

Since the completion of the international convention on refugees (Convention Relating To The Status Of Refugees) in 1951 plus the 1967 protocol (Protocol Relating To The Status Of Refugees), until now Indonesia has not ratified the Convention into a form of legislation due to several obligations that according to the government are still not possible to ratify the convention. This type of research is normative juridical where the research is conducted by collecting primary, secondary and tertiary data obtained using literature studies. The collected data is analyzed qualitatively, the description of which is arranged systematically based on legal disciplines to achieve clarity on the problems to be discussed. The results of this study indicate that transit countries are required to provide protection for children trapped in migration or refugee situations. Article 3: States that every decision taken regarding children must prioritize the best interests of the child. Transit States must ensure that any policies or measures they take do not harm children in their care or custody, Articles 28 and 24 Transit States must ensure children’s access to education and health services, even if they are migrants or refugees. Refugee children have the right to an adequate education, and transit States must provide such access without discrimination, and the 1951 Convention relating to the Status of Refugees and its 1967 Protocol require States not to return individuals who are at risk of harm, including children. In transit States, if a child is at risk of abuse, exploitation or other threats in their country of origin, they should not be returned.
Perlindungan Satwa Langka Berdasarkan Asean Aggrement On The Conservation of Nature and Nature Resources 1985 Kainama, Clif; Hanafi, Irma Halima; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19703

Abstract

The 1985 ASEAN Agreement on the Conservation of Nature and Nature Resources states that ASEAN member states have responsibilities for wildlife in terms of protecting endangered species, conserving endemic species and implementing policies under their authority to prevent the extinction of species and subspecies. Article 5 of the agreement regulates endangered and endemic species, which states must register endangered species and take special measures. In relation to endangered wildlife, member states are responsible for prohibiting the hunting of such species; regulating the trade and possession and products of such species; protecting the habitats of such species; taking necessary policies to improve their conservation status and restore their populations to the highest level. This type of research is normative juridical where the research is carried out by collecting primary, secondary and tertiary data obtained using literature studies. The data that has been collected is analyzed qualitatively in which the description is arranged systematically based on legal disciplines to achieve clarity of the problems to be discussed. The results of this study show that animal protection is regulated in Article 3 of the ASEAN Agreement on the Conservation of Nature and Natural Resources: “The Contracting Parties shall, wherever possible, maintain maximum genetic diversity by taking action aimed at ensuring the survival and promoting the conservation of all species under their jurisdiction and control”.
Perlindungan Hukum Terhadap Tenaga Kerja Migran Menurut Hukum Internasional Matitakapa, Owen Agustio; Tuhulele, Popi; Waas, Armelia Febriyanti
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19705

Abstract

This research examines international legal protection for Indonesian Migrant Workers (PMI) abroad, focusing on the implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (Migrant Convention 1990). The research background is based on the increasing complexity of Indonesian migrant worker issues, particularly since the economic crisis. Limited domestic job opportunities have driven an increasing number of Indonesian workers to migrate abroad to improve their quality of life. However, this phenomenon is not without various risks of rights violations, such as exploitation, forced labor, and physical violence experienced by migrant workers. The study aims to analyze the effectiveness of international and national legal frameworks in providing comprehensive protection for Indonesian Migrant Workers. The case study, such as Debby's experience in Malaysia, illustrates the complexity of problems faced by Indonesian Migrant Workers in destination countries. The research methodology employs a juridical-normative approach, examining various international legal instruments, national legislation, and the role of government institutions like the Indonesian Migrant Workers Protection Agency (BP2MI) and the Ministry of Foreign Affairs in providing protection. The results of the study show that the 1990 Migrant Convention provides a comprehensive protection framework for the basic rights of migrant workers and their families as regulated in Articles 8 to 35. This protection includes the right to life, freedom from torture, freedom of expression, freedom of religion, and access to justice and legal aid. At the national level, Indonesia has adopted these protection principles through Law No. 18 of 2017, which provides a legal basis for the protection of Indonesian Migrant Workers (PMI). The protection mechanism can be carried out through bilateral diplomatic channels or by submitting cases to international courts if necessary.
Tanggung Jawab Hukum Pelaku Usaha Terhadap Sistem Bundling Dalam Jual Beli Kania, Victoria; Kuahaty, Sarah Selfina; Pariela, Marselo Valentino Giovani
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19709

Abstract

Based on Article 15 of Law Number 8 of 1999 concerning Consumer Protection; "Consumer protection is all actions and prohibitions that guarantee legal certainty for business actors, so that consumer rights can be implemented in their business as well as possible." Article 15 Paragraph 2 Number 5 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition; "Business actors are prohibited from making agreements with other parties that contain requirements that the party receiving certain goods and/or services must be willing to purchase other goods and/or services from the supplier business actor." Based on Article 15 of Law Number 8 of 1999 concerning Consumer Protection; "Consumer protection is all actions and prohibitions that guarantee legal certainty for business actors, so that consumer rights can be implemented in their business as well as possible. The method used in this study is the normative juridical legal research method. The problem approach used is a legal approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The procedure for collecting legal materials in this study is a literature study. The management and analysis of legal materials use descriptive methods. The systematics used are in accordance with the guidebook "Guidelines for Writing Thesis, Faculty of Law, Pattimura University. The results of this study indicate that the Bundling practice carried out by business actors in the sale and purchase of their products has committed an unlawful act, which should in carrying out sales and purchase transactions, business actors must refer to the provisions of Article 7, Article 8 and Article 10 of the UUPK. The practice of bundling sales that is contrary to applicable legal regulations, has legal consequences which can be disputed. The legal consequences that arise are that business actors can be sued in court or resolved non-litigation to request compensation for the bundling practices carried out.
Perlindungan Hukum Atas Lagu Yang Di Cover Tanpa Izin Pemegang Hak Cipta Jaka, Jaka; Narwadan, Theresia Nolda Agnes; Balik, Agustina
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19710

Abstract

Copyright is regulated by the Copyright Law No. 28 of 2014. The definition of copyright in this law is the exclusive right for creators or recipients of rights to announce or reproduce their work or grant permission for it, without reducing the limitations under the applicable legislation as stated in Article 12, paragraph (1) and paragraph (2). The Warkopi group is one of the groups that resemble the members of Warkop DKI, namely Dono, Kasino, and Indro. The Warkopi group committed a copyright infringement by intentionally plagiarizing and mimicking the works of Warkop DKI in the form of a photoshoot session for a short film in which the Warkopi members performed. This action violates copyright law, specifically Articles 12, paragraph (1) and (2). This research falls under the category of normative legal research, using a statutory and conceptual approach. The data sources used include primary, secondary, and tertiary legal sources. Data collection was carried out through literature studies, followed by the processing and analysis of legal materials using a qualitative analysis method. The results of this study show that the actions of the Warkopi comedy group and its management constitute a violation of Copyright under Law No. 28 of 2014. Legal protection for the Warkop DKI film work consists of preventive legal protection by avoiding or preventing imitation of another's work, and repressive legal protection, which involves enforcement provisions as the final protection for creators or copyright holders by imposing proper punishment on those proven to infringe copyright. This proves that Warkopi's actions harmed Warkop DKI. The resolution of the copyright infringement dispute between Warkopi and Warkop DKI was conducted amicably, without litigation. Essentially, Warkopi has violated copyright law by deliberately committing illegal acts. Furthermore, Warkopi's responsibility for copying the Warkop DKI film without permission is to compensate for the harm caused to the Warkop DKI organization in accordance with Article 1365 of the Civil Code.
Tanggung Jawab Pemilik Hewan Peliharaan Atas Kerugian Yang Ditimbulkan Kajian Hukum Perdata Sahusilawane, Clarion; Saija, Ronald; Pariela, Marselo Valentino Giovani
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19711

Abstract

The main objective of this research is to investigate the form of liability of animal owners for damage to residents' farms, as well as to reveal strategies for resolving the disputes faced. The research method is normative research, then using data collection techniques using original data, primary, secondary, and tertiary materials. In the discussion of this thesis, the author obtains material on the liability of pet owners for losses caused by civil law studies can be obtained in the Civil Code, consumer protection law. While civil rules, civil law responsibility, and administrative rules. Based on the description above, the author draws several conclusions where protection for consumers is found in the Civil Code, Consumer Protection Law, and Health Law. Furthermore, the liability of pet owners for losses caused by civil law studies can be based on civil law and administrative law.
Perlindungan Hukum Pada Pasien Akibat Kesalahan Pemberian Obat Yang Tidak Sesuai Dengan Resep Dokter Makahity, Yandri Julian; Narwadan, Theresia Nolda Agnes; Pariela, Marselo Valentino Giovani
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19712

Abstract

The Legal protection for patients as consumers in health services is not only regulated in the Health of Law, but also in Law Nomor 8 of 1999 concerning Consumer Protection which provides assurance on the safety and security of patients in consuming products. One of the examples that the author analyzes is an error in administering medication by puskesmas bandar lampung. The research objectives were to identify and analyze patient protection against pharmacists, who made mistakes in administering drugs based on a doctor's prescription and to identify and analyze the efforts patient could take in administering medication errors. The approximation method that used in this research is normative juridical research, because it examines and studies case examples. The research specification used descriptive analytical, namely legal research that is descriptive and aims to obtain a complete description (description) of the prevailing legal conditions. This study uses the legal materials needed in this study. The author use library research and scientific journals.The data collection process in this study was carried out in two stages. The first stage is through document studies in order to find information data related to legal foundations, consumer protection, pharmacy through library materials such as books, scientific papers, and the second stage through internet sites related to the object of research. The analytical method used in this research is qualitative juridical, namely research based on one law which must not conflict with other laws in order to create legal certainty in society and the data obtained is compiled qualitatively.