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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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Penerapan Restorative Justice dalam Perkara Tindak Pidana Penipuan dan Penggelapan di Tingkat Prapenuntutan Silaban, Josua Ferdinand; Latupeirissa, Julianus Edwin; Leasa, Elias Zadrack
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.v3i1.19733

Abstract

The Restorative Justice approach is a milestone in the renewal of the criminal law system reform towards a positive direction. However, currently, the Indonesian criminal law system has not accommodated a comprehensive explanation of the definition, principles, and application of criminal acts based on restorative justice at the level of the Law and Restorative Justice is still interpreted narrowly as the termination of the case. The method that will be used by the researcher is Normative Judicial. The type of research is descriptive analysis. The sources of legal materials used are primary, secondary and tertiary legal materials. Data collection techniques through literature studies. The results of the study explain that the application of Restorative Justice in Indonesia can be applied to several categories of criminal acts and can be applied at every stage in criminal justice by considering a number of factors and Restorative Justice is a complement to the current criminal law system. Settlement of cases with a peace agreement in cases of fraud and embezzlement is one of the efforts of victims to obtain compensation from the perpetrators, but the process has not been clearly regulated at the pre-prosecution level.
Penegakan Hukum Pidana Terhadap Kakek Pelaku Pelecehan Bagi Anak Di Dalam Kapal Lesnussa, Agnes G; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
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.v3i1.19734

Abstract

Sexual harassment is sexual activity that occurs verbally, non-verbally and also visually, namely sexual behavior that is unwanted by the victim, targeting the victim’s sexual organs or sexuality. Women and children often become victims of sexual harassment. The rise in cases of sexual abuse against children is one form of lack of handling by law enforcement officials in safeguarding, preventing and protecting children from criminal acts of sexual abuse. Parents, the community and law enforcement officials are expected to provide guarantees of legal protection for children who are victims of criminal acts of sexual abuse. The research method used in researching and discussing this problem is normative juridical which uses a statutory approach, a conceptual approach and a case approach. The legal materials used are primary, secondary and tertiary legal materials. Sexual harassment is sexual activity that occurs verbally, non-verbally and also visually, namely sexual behavior that is unwanted by the victim, targeting the victim’s sexual organs or sexuality. Women and children often become victims of sexual harassment. The rise in cases of sexual abuse against children is one form of lack of handling by law enforcement officials in safeguarding, preventing and protecting children from criminal acts of sexual abuse. Parents, the community and law enforcement officials are expected to provide guarantees of legal protection for children who are victims of criminal acts of sexual abuse.
Legalitas Pelaporan Kepada Anggota DPRD Dalam Menyampaikan Pendapat Tomagola, Jihan; Supusepa, Reimon; Pattinasarany, Yohanes
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.v3i1.19735

Abstract

The statement made by the Chairman of Commission IV of the Maluku Regional People's Representative Council (DPRD), Samson Atapary, regarding the findings of the 2022 Maluku Provincial Scout Movement Regional Scout Movement (Kwarda) grant funds amounting to Rp. 2.5 billion fictitious amounts, and allegedly the PDI Perjuangan politician said that the management of the grant funds was managed by the Chairman of the Maluku Kwarda, Widya Pratiwi Murad and treasurer Ritha Hayat, resulted in the representative of the West Seram constituency being reported to the Maluku Police, Saturday (22/07/2023) this afternoon. The reporters who visited the Maluku Police office in Tantui came en masse. They consisted of elements of youth leaders, DPD KNPI Maluku, community leaders, traditional leaders and Upulatu from the Leihitu Peninsula, whose purpose was to report Samson Atapary for his statement which according to them had defamed Widya Pratiwi Murad Ismail. This research uses normative research methods conducted with a legislative approach, conceptual approach, and case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The techniques for collecting legal materials and analyzing legal materials in the research include reading and reviewing various types of literature relevant to the research issues and directly related to the problems being studied. The DPRD in carrying out its duties and authorities as mentioned, the DPRD has the rights as regulated in Law Number 17 of 2014.Regarding the People's Consultative Assembly, the House of Representatives, the Regional Representative Council, and the Regional House of Representatives, have the following rights: (a). The right to interpellation (b) The right to inquiry (c) The right to express opinions.
Penegakan Hukum Pidana Terhadap Kekerasan Berbasis Gender Online Ismail, Nurul Hadija; Sopacua, Margie Gladies; Muammar, Muammar
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.v3i1.19736

Abstract

KBGO as internet-facilitated violence is almost the same as KBGO in the real world. KBGO occurs as a result of the development of widespread internet coverage, sophisticated distribution of information technology, and the popularity of social media. The National Commission on Violence Against Women classifies several types of KBGO, namely approaches to deceive (cyber grooming), online harassment (cyber harassment), hacking, illegal content (illegal content), invasion of privacy (infringement of privacy), threats to distribute personal photos/videos (malicious distribution), defamation (online defamation), and online recruitment (online recruitment). According to Article 1 number 3 of Law Number 11 of 2008 concerning Information and Electronic Transactions (hereinafter abbreviated as the ITE Law), it is a technique for collecting, preparing, storing, processing, announcing, analyzing, and/or disseminating information. One of the information technology products that has an important role and has succeeded in spurring changes in the social order is the internet. The internet not only spurs aspects that have a positive impact, but can also have a negative impact, one of which is crime in the realm of the internet (cyber crime). This research writing uses a normative legal research type, with descriptive analysis research specifications. The data used are secondary data obtained through literature studies, then qualitative analysis is carried out. The results of this study indicate that the legal regulation of online gender-based violence in legislation as a whole, there are several legal instruments that can be used to ensnare perpetrators of online gender-based violence in Indonesia, but there is still a lack of regulations that specifically deal with gender-based violence in cyberspace. Existing laws are still general and do not provide specific protection against the gender dimension in digital violence. Criminal law enforcement against online gender-based violence currently, for many victims who still feel that justice has not been fully achieved due to the slow legal process, social stigma, and lack of adequate support, limited knowledge of the community and law enforcement officers and the difficulty of deleting content that has been distributed.
Eksistensi Advokat Bagi Korban Dalam Peradilan Militer Rengrengulu, David Masaluri; Titahelu, Juanrico Alfaromona Sumarezs; Supusepa, Reimon
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.v3i1.19737

Abstract

The existence of victim advocates in military justice has an important role to ensure the protection of the rights of victims involved in military cases. Military justice generally focuses more on handling violations of military discipline and criminal offenses committed by members of the military, which often pays less attention to the rights of victims. Therefore, the presence of advocates for victims is needed to provide legal assistance and ensure victims' rights are fulfilled, such as the right to information, protection, and a fair trial. This study aims to analyze the role of advocates in assisting victims in military courts, identify obstacles faced, and provide recommendations to improve victims' access to justice in the military justice system. Using a qualitative method through case studies and analysis of relevant legislation, this research found that the presence of advocates for victims not only supports the principles of justice and legal protection, but also encourages reforms in the military justice process to be more pro-victim. The results of this research are expected to be the basis for strengthening regulations related to the role of advocates in military justice, in order to realize a justice system that is inclusive and responsive to victims' rights.
Kriminologis Tindak Pidana Penyalahgunaan Narkotika Anak Sujud, Muhammad Satrio; Titahelu, Juanrico Alfaromona Sumarezs; Saimima, Judy Marria
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.v3i1.19738

Abstract

This study aims to realize the criminological review of drug abuse crimes committed by children in Ambon City by analyzing the events that caused the occurrence of drug abuse crimes by children in Ambon City and the efforts made by Polresta P. Ambon and P. P. Lease in overcoming and following up on the occurrence of drug abuse crimes by children in Ambon City. This study is an empirical legal study with descriptive analysis. The data for this study were obtained from primary data and secondary data. Based on the results of the study and discussion, it can be concluded that there are several factors that influence drug abuse in Ambon: personal factors, education, family, economy, and environment. Among the five factors, family factors are known to be the most influential factor in drug abuse in Ambon City. In addition, children need special attention from environmental aspects related to their relationships with their peers and the people around them. This effort requires the role of parents to supervise and protect their children so that they do not fall into the influence of friends who invite them to try narcotics for the first time by giving them for free, after the victim is addicted, the drugs will be sold to the child because they are already addicted. Meanwhile, efforts made by the P. Ambon and P. P. Lease Police in dealing with drug abuse by children are carried out in several ways, namely by providing guidance, advice and education about the dangers of drug abuse through e-brochures, posters and infographics and working together with all authorities, the community, religious leaders and the local government to help combat drugs in Ambon City.
Penyelesaian Perkara Dengan Pendekatan Restorative Justice Dalam Pelaksanaan Tugas Di Direktorat Pamobvit Polda Maluku Di Wilayah Objek Vital Manawan, Jzeron Luy; Supusepa, Reimon; Latupeirissa, Julianus Edwin
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.v3i1.19739

Abstract

In the Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice, which prioritizes justice for victims to make peace with the perpetrators in carrying out their functions and duties as personnel of the Pamobvit Directorate of the Maluku Regional Police, which often encounters obstacles or conventional crimes in the Vital Object area or the work area of ​​the Pamobvit Directorate of the Maluku Regional Police. This paper aims to analyze and discuss the restorative justice approach for minor crimes in handling vital objects carried out by the Directorate of Pamobvit Polda Maluku, analyze and discuss the obstacles in implementing restorative justice in carrying out the duties of the Directorate of Pamobvit Polda Maluku for handling regional vital objects, and as one of the requirements for completing studies at the Faculty of Law, Pattimura University. Normative research method, namely obtaining data from the library in the form of documents, books, magazines and other literature related to writing. The sources of legal materials used are Primary legal materials, Secondary legal materials, and Tertiary legal materials and are used as legal material collection techniques and then legal material processing and analysis techniques through qualitative analysis, namely the data obtained is then systematically arranged to be analyzed qualitatively based on civil law disciplines to achieve clarity of the problems to be discussed. The results of the study indicate that the Restorative Justice approach for minor criminal acts in handling vital objects carried out by the Directorate of Pamobvit Polda Maluku and what obstacles are there in implementing Restorative Justice in carrying out the duties of the Directorate of Pamobvit Polda Maluku for handling regional vital objects, the scope of minor crimes, duties and authorities, settlement mechanisms, forms of settlement of minor crimes, obstacles faced by Pamobvit and concrete solutions for handling minor crimes by Pamobvit.
Perlindungan Hukum Terhadap Masyarakat Adat Dalam Pemberian Penugasan Survey Pendahuluan dan Eksplorasi (PSPE) Panas Bumi Lating, Muhaimin Qadri; Mustamu, Julista; Holle, Erick Stenly
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.v3i1.19740

Abstract

The issuance of Preliminary Survey and Exploration Assignment (PSPE) permits for geothermal energy often triggers agrarian conflicts with indigenous communities, as seen in the case of Wapsalit Village, Lolong Guba District, Buru Regency. This study analyzes the validity of the PSPE permit granted to PT. Ormat Geothermal Indonesia (PT. OGI) and its legal implications for the rights of indigenous communities. The research employs a juridical-normative legal method. The findings indicate that the issued PSPE permit is not entirely valid procedurally and neglects the rights of indigenous communities. PT. OGI failed to resolve land use issues in accordance with applicable regulations and did not adequately involve the community in socialization efforts. Consequently, the constitutional rights of indigenous communities over their territories were violated, and PT. OGI may be subject to administrative sanctions. The implementation of the Free, Prior, and Informed Consent (FPIC) principle, along with enhanced supervision and sanctions for violators, is essential to ensuring more effective legal protection for indigenous communities.
Pengawasan Pemerintah Terhadap Pengusaha Yang Memberhentikan Pekerja Wanita Hamil Fataruba, Firta Risky; Rugebregt, Revency Vania; Tita, Heillen Martha Yosephine
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.v3i1.19741

Abstract

Currently, employment issues are still in the spotlight. Lack of guarantees for safety, health and reproductive rights for female workers is one of the factors causing various problems in the employment sector. Workers as workers in companies still receive discriminatory treatment from employers, this means that the rights that female workers should receive, such as protection for the safety of pregnant women, health and reproductive rights of female workers, are not fully provided. The research method used is normative juridical which uses a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The results of this research emphasize that there should be stricter sanctions for every violation of labor practices carried out by companies, so that legal protection for the safety, health and reproductive rights of pregnant female workers and the obstacles faced in implementing protection for the safety, health and reproductive rights of female workers Government Supervision, Entrepreneurs, Pregnant Women Workers.
Kewenangan Melakukan Pengawasan Pembangunan Konstruksi Speed Bump Pada Jalan Tanda, Nunung Ramadan; Pattinasarany, Yohanes; 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.v3i1.19743

Abstract

The construction of speed bumps regulated in the Regulation of the Minister of Transportation Number 14 of 2021 concerning Amendments to the Regulation of the Minister of Transportation Number 82 of 2018 concerning Road User Control and Safety Devices, this supervisory authority is carried out to ensure that the construction of speed bumps is in accordance with the technical standards set out in the regulations. However, the construction of speed bumps is not in accordance with the regulations, making it difficult for motorized vehicle drivers to drive. For this reason, this paper examines 2 issues, namely which institution has the authority to supervise the construction of speed bumps on roads, how to supervise the construction of speed bumps on roads in Ambon City. Research method used is normative juridical, using a legislative approach, a conceptual approach, and a case approach. The law used is decision studies, journals, and internet media. The results of the study show that supervision of the construction and installation of speed bumps is the responsibility of several related institutions, depending on the location and type of road concerned. The local government, through the public works department or transportation department, has the authority to regulate and supervise the construction of speed bumps on local and regional roads. The installation of speed bumps must comply with the provisions stipulated in the Regulation of the Minister of Transportation Number 82 of 2018 concerning road user control and safety devices. Speed ​​bumps that do not meet the provisions can be subject to criminal sanctions. Therefore, the importance of supervision from the authorized institution to supervise speed bumps is the transportation department, which must obtain permission from the local transportation department.

Page 19 of 21 | Total Record : 206

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