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PATTIMURA Law Study Review

palasrev
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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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Sewa Menyewa Kendaraan Bermotor Yang Masih Menjadi Objek Jaminan Fidusia Pattiikawa, Janles Piero; Akyuwen, Rory Jeff; Kuahaty, Sarah Selfina
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.v3i1.19713

This article explains about motor vehicle guarantee agreement or fiduciary guarantee agreement regulated in the articles and laws applicable in cases leading to fiduciary guarantee agreement. The purpose of this article is to find out and explain what the legal consequences are in renting a vehicle that is still the object of fiduciary guarantee, and what form of responsibility the debtor is responsible for the collateral object that is rented without notification to the creditor. The type of research used is normative juridical using two research approaches consisting of a statutory approach and a conceptual approach. The results of the study explain that the legal consequences of a motor vehicle lease agreement with the object of the vehicle being used as fiduciary guarantee without written permission that is contrary to the law, then the legal consequences of the agreement are null and void because it does not meet the objective requirements and is considered to have no legal force. Actions from the form of responsibility carried out without the consent of the creditor, then the debtor is absolutely responsible. For all losses suffered by the lessee or the creditor when the lease action causes losses.

Tanggung Jawab Pemberi Kerja Atas Kewajiban Menyediakan Transportasi Bagi Pekerja Efendi, Vadila; Kuahaty, Sarah Selfina; Fataruba, Sabri
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.v3i1.19714

As an employer or entrepreneur, Article 76 paragraph (4) of the Manpower Law states that employers are obliged to provide pick-up and drop-off transportation for female workers who go to and from work between 23.00 and 05.00. In fact, PT Indomarco Prismatama does not provide transportation for workers. Normative juridical research methods and the nature of descriptive analytical writing using a statutory approach and a conceptual approach The research results showed that: Companies or employers are individuals, entrepreneurs, legal entities, or other bodies that employ workers by paying wages or remuneration and are obliged to be responsible for realizing workers' rights, especially providing shuttle transportation for workers who work late at night between 23.00 and 05.00. PT Indomarco Prismatama as an employer is responsible for fulfilling its obligations towards workers' rights by providing transportation for workers. In fact, it was not implemented so that the company is absolutely responsible for all the consequences it causes because it does not carry out its obligations, namely providing transportation for workers. The legal consequences if PT Indomarco Prismatama does not prepare transportation for its employees, namely that the security and safety of employees is not guaranteed, can cause undesirable things and then legal consequences for the company itself, namely because the company does not comply with the law, then the company will be given sanctions, both administrative sanctions and criminal sanctions. Apart from that, as a result of this incident, the legal rules that had been established did not function or did not run optimally.

Putusan Terkait Sengketa Hak Atas Tanah Warisan Pieris, Flourensya Lyventriz; Latupono, Barzah; Uktolseja, Novyta
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.v3i1.19715

Land disputes are unavoidable in today's era, this is due to the various very high land needs while the number of land plots is limited. Land dispute resolution is an effort to resolve land disputes between parties who feel disadvantaged. sIn accordance with the problems raised, the type of research used in this paper is normative legal research. Legal research is the process of discovering legal rules, legal principles, and legal doctrines in order to answer the legal questions faced. This paper is made with the problem of land dispute resolution and also the considerations and legal basis of judges in deciding cases. This study aims to resolve disputes. Legal approach, sources of legal materials include primary, secondary and tertiary data sources and normative research methods. The results of the study show how the dispute can occur because the defendants have taken over/taken over the disputed land of 12 HA. Therefore, the plaintiff filed a lawsuit against the defendants at the Ambon District Court. Article 171 of the Civil Code states that: Inheritance law is the law that regulates the transfer of ownership rights to inherited property from the testator then determines who is entitled to be the heir and determines how much each portion is, it is clear that by referring to the Civil Code it explains that everyone has the right to be an heir to every asset left by a subject who has a legal relationship that is legally family and/or property law which in essence has a close relationship between the testator and the intended heir.

Tanggung Jawab Penjual Atas Tindakan Wanprestasi Dalam Jual-Beli Diamond Game Online Mobile Legends Pamungkas, Putra; Berlianty, Teng; Kuahaty, Sarah Selfina
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.v3i1.19719

The dimension of e-commerce in ITE Law Number 19 of 2016 and ITE Law Number 19 of 2016, which requires everyone to provide complete information and prohibits everyone from spreading fake news. In everyday life, what often occurs is default on consumers who like to play online games, especially Mobile legend. In reality, many defaults occurred but consumers did not have access to sue Top Up Store accounts because consumers had been blocked. Therefore, Mobile Legends players who feel aggrieved due to Top-Up diamonds and Top Up Store not repairing or refusing compensation can file a lawsuit to receive compensation. A clear dispute resolution process must exist in the event of a default. The research methods used are normative legal research or library legal research. The type of research used is analytical descriptive research. The research approach carried out by the researcher is the conceptual approach and the legislative approach (Statue Approach). Legal materials include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research conducted by the researcher concluded that, based on the Civil Code, the force of binding diamond purchase and sale agreements by sellers other than official providers, it is clearly explained that between buyers and unofficial providers, it is absolutely binding. This is because there is an element of agreement between the two parties. In addition, the ITE Law in Article 9 also guarantees binding force between non-official providers and consumers. This can be seen as evidence of communication related to diamond buying and selling transactions on Mobile Online Games. The form of responsibility in this case for the seller for the default of buying and selling Mobile Legends Diamonds through the Top Up Store can be resolved through the Consumer Dispute Resolution Agency (BPSK).

Akibat Hukum Wanprestasi Debitur Dalam Transaksi Elektronik Melalui Fitur Paylater Pada Aplikasi Shopee Sahuleka, Chrysilla Angelica; Haliwela, Nancy Silvana; 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.v3i1.19720

The life of society in meeting daily needs has undergone changes due to advancements in technology and science. To realize this development, it is regulated based on Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions as well as Articles 1313, 1320, 1338, 1243 of the Civil Code as a legal umbrella for the dynamics of society in conducting transactions and economic activities. One of the developments in community life, particularly in trade to meet economic needs, is the introduction of the PayLater feature on the Shopee application. This application facilitates users in making online purchases. In its use, this feature certainly has terms and conditions that bind every consumer credit user. One of the users of consumer credit is an actor with the initial 'G' who engaged in the purchasing process through the PayLater feature. This actor purchased an item at a higher price, making it impossible for them to pay the bill after the due date. This issue has caused the PayLater facility users to default by not following the procedures set forth by Shopee PayLater. This action has resulted in losses that can be claimed by Shopee PayLater. The type of research used is normative legal research, which is conducted by examining the principles and concepts of law, as well as statutory regulations. The problem approach used is the legislative approach and the conceptual approach. The sources of legal materials are primary, secondary, and tertiary. The procedure for collecting legal materials used is library data. The procedures for processing and analyzing legal materials used are primary, secondary, and tertiary legal materials, which are analyzed in this research. The results of this study indicate that the legal consequences of defaulting actions taken by the debtor result in liability, specifically the debtor's accountability based on fault to the creditor to compensate for the losses suffered by Shopee PayLater. In resolving default cases between the debtor and Shopee PayLater, the resolution can be done through both non-litigation and litigation. Non-litigation will provide convenience for the debtor as it offers cost efficiency compared to litigation.

Perlindungan Hukum Terhadap Pemegang Sertifikat Hak Milik Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum Simamora, Van Basten; Pietersz, Jemmy Jefry; Uktolseja, Novyta
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.v3i1.19721

Land procurement is the process of providing land for development purposes by offering fair and just compensation to the entitled parties. The land acquisition process is carried out through the relinquishment of rights by the landowner to the institution that requires the land. In an effort to ensure land availability, the government often has to take land from the community for the smooth progress of development for the public good. This is due to the limited land owned by the government, but in its implementation, such actions should not harm the landowners. Therefore, the government is obliged to provide appropriate and fair compensation, so as to support the improvement of the community's quality of life. The purpose of this research is to evaluate and analyze the legal protection provided to certificate holders related to land acquisition conducted by the government for public interest. The method used in this research is normative juridical with a descriptive-analytical research type, relying on primary, secondary, and tertiary legal sources. The analysis of legal materials is conducted using appropriate analytical methods. The results of the research on legal protection for certificate holders of ownership rights in land acquisition for development aimed at public interest show that the regulations and legal protection related to compensation for land rights holders are governed by Article 33 paragraph 1 of the 1945 Constitution, Article 24H paragraph 4 of the 1945 Constitution, the Basic Agrarian Law No. 5 of 1960, and Law No. 2 of 2012 on Land Acquisition. If an agreement on compensation cannot be reached between the landowner and the party requiring the land, the compensation will be deposited in the local district court through a judicial process known as consignment. In the implementation of consignment, it is important to prioritize the Principle of Caution and the Principle of Respect for the Rights of Former Land Rights Holders in accordance with Presidential Regulation Number 39 of 2023, which amends Government Regulation Number 19 of 2021 concerning the Implementation of Land Acquisition for Public Interest.

Penyelesaian Sengketa Batas Wilayah Petuanan Masyarakat Hukum Adat Liliali Dan Kayeli Bessy, Sitna Hajija; Lakburlawal, Mahrita Aprilya; Nirahua, Garciano
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.v3i1.19724

Ulayat rights in the customary law community are the highest land control rights which contain two elements/aspects, namely private and public. Minister of Home Affairs Regulation Number 45 of 2016 concerning Guidelines and Confirmation of Village Boundaries, explains that the determination and confirmation of village boundaries is to create orderly government administration, providing clarity and legal certainty regarding the territorial boundaries of a village that meets technical and juridical aspects. Petuanan Liliali is in Liliali District and directly borders Petuanan Kayeli. However, in 2017, problems arose regarding the territorial boundaries between Petuanan Liliali and Petuanan Kayeli. The aim of this research is to determine and explain the territorial boundaries of customary law communities and the government's responsibilities in resolving the Petuanan Liliali area in relation to customary territory disputes. The research method used is an empirical juridical research method. The results of the research show that the resolution of the petuanan territorial boundary dispute was carried out in a traditional manner, namely a customary process with the initial stage of calling both parties to come to attend the customary process at the residence of Raja Liliali which was planned to find a solution and a way out so that this petuanan territorial boundary dispute case did not continue and prolonged and does not cause undesirable things that can harm both parties. The final stage will be carried out. After everything has been discussed, this final stage will be carried out to create peace points that have been agreed upon by Petuanan Liliali and Kayeli. The peace deed will be signed by all parties concerned in the mediation process related to the dispute over the boundaries of the Petuanan Liliali and Kayeli territories that occurred.

Kedudukan Pengemudi Ojek Sebagai Mitra Kerja Dalam Perjanjian Pengangkutan Berbasis Aplikasi Laisina, Steven; Kuahaty, Sarah Selfina; Lakburlawal, Mahrita Aprilya
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.v3i1.19725

Application-based public transportation is a concept where public transportation services such as taxis, car sharing, or other public transportation are integrated and operated using application technology, especially mobile applications. Application-based public transportation is an innovation that brings many benefits to the community, both in terms of ease of access to transportation, increased security, and cost efficiency. The Partnership Agreement between the driver and the application company is referred to as a partnership agreement. The responsibility of the driver is adjusted to the losses of the consumer, Article 234 paragraph (1) of Law Number 22 of 2009 concerning Traffic and Road Transportation states that "drivers, motor vehicle owners, and/or public transportation companies are responsible for losses suffered by passengers and/or owners of goods and/or third parties due to driver negligence, This study shows that the position of application-based motorcycle taxi drivers as partners in transportation agreements has various legal and practical implications. Although this partnership offers flexibility and economic opportunities, there are challenges that must be faced regarding legal protection and driver welfare. Clear regulations and adequate protection are needed to ensure that application-based motorcycle taxi drivers can work safely and prosperously. Thus, the role of drivers as partners in transportation agreements can be optimized for the benefit of all parties involved. The responsibility of the driver is adjusted to the loss of the consumer. The creators and managers of the Maxim application help in the form of compensation that has been explained in the terms and conditions of Maxim in the responsibility regulations, the essence of which is that Maxim cares about the safety of application users by providing compensation according to the losses suffered by passengers.

Penegakan Hukum Terhadap Pelaku Balap Motor Liar Pada Bulan Ramadhan Fharansyah, Muhammad Syukran; Supusepa, Reimon; Sopacua, Margie Gladies
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.v3i1.19727

Illegal motorcycle racing is an unlawful act based on Articles 503, 510 and 511 of the Criminal Code as well as Articles 115 and 297 of Law Number 22 of 2009 concerning Road Traffic and Transportation. However, in its implementation, illegal motorcycle racing still occurs among the community, especially on Jalan A.Y. Patty, Ambon City during the month of Ramadan. The purpose of this research is to find out and discuss law enforcement efforts against illegal motorcycle racing perpetrators on Jalan A Y Patty and legal protection that can be provided to victims of other road users affected by illegal motorcycle racing in the month of Ramadan. The research method used in this writing is a normative legal research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised. The result of this study is that law enforcement efforts carried out by the Ambon Island Police and Lease Islands against illegal motorcycle racing in the month of Ramadan on Jalan A.Y. Patty, Ambon City are carried out in a preventive and repressive manner. Preventively, it is carried out by prevention in the form of socialization or lectures and appeals for the community, sweeping or raiding motor vehicles, and patrols targeted at the locations of motorcycle gang associations. Meanwhile, repressively, it is carried out in the form of imposing legal sanctions, namely ticket sanctions. And the form of legal protection for victims of traffic accidents affected by illegal motorcycle racing in the month of Ramadan is the provision of compensation by the perpetrator paying for vehicle damage experienced by victims of illegal motorcycle racing.

Pelaku Tindak Pidana Pencabulan Yang Dilakukan Oleh Anggota Keluarga Yuniar, Dita; Titahelu, Juanrico Alfaromona Sumarezs; Corputty, Patrick
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.v3i1.19732

The crime of obscenity is a form of crime that has a serious impact on the victim, both physically, psychologically and socially. Juridical studies of criminal acts of sexual immorality are important to understand how Indonesian law regulates, protects and provides sanctions against perpetrators of these crimes. In the context of Indonesian criminal law, sexual abuse is regulated in the Criminal Code (KUHP) and special regulations such as the Child Protection Law. This article examines the elements of criminal acts of obscenity, the law enforcement process, and the obstacles faced by law enforcement officials in handling obscenity cases. Apart from that, efforts to protect victims and the role of the community in preventing this criminal act were also discussed. This study concludes with recommendations for improving regulations and more effective implementation of the law to provide justice for victims and prevent the recurrence of similar crimes. To find out the views of individualization theory, the views of individualization theory on criminal acts of sexual abuse and legal protection for children who are victims of family abuse. The research method in this research is normative juridical. The problem approaches used are the statutory approach, conceptual approach and case approach. From the results of this research, it can be concluded that sexual immorality is a crime which in Indonesian laws and regulations, if the elements of a criminal act of sexual immorality are met, criminal sanctions must be applied in accordance with the provisions of the applicable laws and regulations, namely Article 289 and supported by Law Number 23 of the Year. 2002 concerning Child Protection as a specialist leg of the Criminal Code. Meanwhile, legal protection for children who are victims of criminal acts of sexual abuse in accordance with statutory regulations stipulates the obligation to carry out rehabilitation efforts, namely in Article 6 of Law Number 31 of 2014 concerning Protection of Witnesses and Victims, as well as Article 69A of Law Number 35 of 2014. 2014 concerning Child Protection.

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Muchtar A H Labetubun

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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.

Location
Kota ambon,

Maluku

INDONESIA

Abstract

Abstract

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Abstract

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Abstract

Abstract

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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