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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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Pengawasan Pemerintah Daerah Terhadap Aktivitas Bengkel Umum Kendaraan Bermotor Toisuta, Gerick M; Bakarbessy, Andress Denny; 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.v3i1.19744

Abstract

In this industry. The study also identifies various challenges faced in the implementation of supervision, including lack of technical knowledge among workshop owners, limited resources to conduct routine supervision, and low awareness of the importance of regulatory compliance among industry players. Through a normative approach, this study recommends the need for increased cooperation between the government and the private sector to develop training programs for technicians and workshop owners, as well as stricter law enforcement against regulatory violations. In addition, socialization regarding consumer rights and obligations and the importance of safety standards in workshop services is also considered important to increase public awareness. With these results and recommendations, it is hoped that the supervision of public workshops for motor vehicles can be more effective, which will ultimately improve the quality of service and protect consumers, as well as.
Keabsahan Pengangkatan Anak Piara Mantan Raja Sebagai Kepala Pemerintah Negeri (Desa) Firmansyah, Mohamad Z; Bakarbessy, Andress Denny; 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.v3i1.19745

Abstract

Article 3 paragraph (2) of the Malteng Regional Regulation No. 1 of 2006 stipulates that "the position of the head of the State government is the right of certain families/descendants based on a straight line and cannot be transferred to other parties except in special matters determined based on the results of the deliberations of the family/descendants who are entitled to the State Saniri. It is reaffirmed in Article 3 paragraph (1) of the Regional Regulation of Central Maluku Regency Number 3 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of State Government stipulates that "The position of the Head of State Government is the right of certain heads of the house/descendants to determine based on the deliberation of the heads of the houses/descendants. This type of research is Empirical Juridical, In this study the approach used in solving the problem is by using the empirical juridical approach method, the data that has been collected is analyzed qualitatively whose decomposition is systematically arranged based on legal disciplines to achieve clarity of the problem to be discussed. The results of this study show that the position of the Head of State Government is the right of the family/descendants of the parentah, as stipulated in the provisions of Article 3 Paragraph (1) of the Malteng Regional Regulation No. 3 of 2006 which stipulates that the position of the Head of State Government is the right of the family/descendants to determine based on the deliberation of the family/descendants. Therefore, the appointment of the former king's son as the head of the government has no validity, for this reason the appointment of Muhammad R. Fahlefi Ely as the Head of the Assilulu State Government has no validity. The appointment of Muhammad Fahlevi Ely as the Head of the Assilulu State Government in an authoritative manner is not in accordance with the mandate of the Central Maluku Regency Regional Regulation No. 1 of 2006 and the Central Maluku Regency Regional Regulation No. 3 of 2006, where Muhammad R. Fahlefi Ely is the Son of the Former King and not based on the descendants of the family in a straight line, therefore due to the law of the appointment of Muhammad Fahlevi Ely as the Head of the Assilulu State Government does not have validity, and is considered null and void, as formulated in Article 70 Paragraph of Law Nomor 30 of 2014.
Kewenangan Pemerintah Daerah Terhadap Penertiban Tanah Terlantar Halirat, Novanda; Nendissa, Renny Heronia; 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.v3i1.19747

Abstract

Objects located on land above the surface of the earth have the right to regulate them. This is in accordance with the mandate of the provisions of Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Land can function well or have no right to use depending on how responsible the government and society are in managing the land. However, in reality there is a major polemic that arises regarding state land that is given to rights holders that are not used properly or are neglected for years. The purpose of this study is to determine and discuss the authority of the regional government in handling abandoned land and the form of legal protection for rights holders of abandoned land. The research method used in this writing is the normative legal research method with a statutory approach, case approach and conceptual approach, to answer the problems raised. The results of this study are that the Authority of the Regional Government in Handling Abandoned Land is carried out by the Head of the BPN Regional Office assigning the Head of the Land Control and Community Empowerment Division as the coordinator to prepare data and information regarding land indicated as abandoned (based on Article 8 paragraph (2) of the Regulation of the Head of the BPN RI No. 4 of 2010). For the implementation of data and information preparation activities in the field (land rights objects/basis for land control), the Head of the BPN Regional Office notifies the rights holders in writing that within a specified time, identification and research will be carried out until the stage of determining abandoned land. And the form of legal protection for rights holders of abandoned land is carried out both preventively and repressively. However, the most effective form of legal protection to be applied to this problem is the form of repressive legal protection on the grounds that there have been many violations of land abandonment in various regions in Maluku, one of which is Kandar Village. So that in order to strengthen land regulations, it is necessary to enforce repressive legal protection in the form of written warnings, administrative fines to pay compensation, revocation and transfer of land rights, and supervision of land control. With this, there is legal certainty that can be provided for the state, government and other communities who need land and their rights can be fulfilled based on the rule of law.
Pengawasan Pemerintah Daerah Terhadap Tempat Penjualan Rokok Karels, Alessandro Imanuel Caesarea Karels; Pattinasarany, Yohanes; Singkery, Michael Rolando
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.v3i1.19750

Abstract

Supervision of cigarette sales is one form of implementation of health policies in order to protect the public from the negative impacts of tobacco consumption. The Indonesian Constitution has emphasized that health is a human right as stated in Article 28H of the 1945 Constitution of the Republic of Indonesia. In addition, further regulations regarding the security of tobacco products have been outlined in Law Number 17 of 2023 concerning Health and Government Regulation Number 109 of 2012 and Government Regulation Number 28 of 2024. However, in reality, the supervision carried out by the Ambon City government has not been running well, the circulation of cigarette sales is increasing in Ambon City with the presence of more and more business actors, this indicates that the government's supervision has not been running optimally. The research used by the author is empirical juridical research. Procedures for collecting legal materials by conducting research in the form of interviews and observations as well as literature studies on legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively. The results obtained are that the implementation of supervision by the regional government of cigarette sales places in Ambon City is still not running optimally. Although regulations have regulated cigarette control, weak implementation and lack of supervision have caused the regulations to be ineffective. Various violations of the provisions that have been set continue to occur without any significant action from the regional government so that the Legal Consequences of the Regional Government Not Supervising Cigarette Sales Places in Ambon City, increasing numbers of novice smokers, and decreasing the effectiveness of tobacco control policies in Ambon City.
Keterlibatan Pihak Ketiga Dalam Perjanjian Pinjaman Online Leluly, Hervy Welem; Pesulima, Theresia Louize; 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.v3i1.19804

Abstract

Financial Services Authority Regulation Number 10/POJK.05/2022 concerning Information Technology-Based Joint Funding Services, in Article 44 paragraph (1) letter c states that: "Organizers are obliged to guarantee that the acquisition, use, utilization and disclosure of personal data, transaction data and financial data obtained by the organizer based on the consent of the owner of the personal data, transaction data and financial data, unless specified by statutory provisions. However, in online loan transactions it is often found that a third party is involved as an emergency contact unilaterally, which is done by using personal data in the form of name and telephone number without prior approval and usually the third party is considered a guarantor for the loan made. The type of research used in this writing is normative juridical legal research using a statutory approach and a conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. Analysis of legal materials is carried out qualitatively, namely the materials that have been collected are then analyzed to answer the problems that occur. The research results show that a third party cannot be used as a guarantor for the debtor's debt if there is no guarantee agreement between the third party and the debtor. The third party is only limited to reminding the debtor of the bill. And creditors have no right to collect and intimidate third parties. The protection that can be provided for misuse of third party personal data added unilaterally is through a lawsuit against the law under Article 1365 of the Civil Code and the creditor can report it to the Financial Services Authority (OJK).
Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat Amtsal, Abdul; Pesulima, Theresia Louize; 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.v3i1.19808

Abstract

Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption. In addition, Article 8 of the Consumer Protection Law stipulates that business actors are prohibited from producing goods or products that are detrimental or even endanger others. However, in reality there are several pharmaceutical companies that produce syrup drugs that contain Harmful compounds and have already spread among the community causing great losses and threatening consumer lives. So, it is interesting to research from the perspective of applying the Due Care Principle to these problems. The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds. The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised. The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law.
Pemidanaan Dibawah Pidana Minimum Bagi Anggota Polri Dalam Tindak Pidana Narkotika Tetelepta, Brian; Wadjo, Hadibah Zachra; Latumaerissa, Denny
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.v3i1.19835

Abstract

This study discusses narcotics crimes for members of the National Police Narcotics abuse can cause damage to the resilience of society, nation, and state. Parties who abuse narcotics according to Law Number 35 of 2009 consist of narcotics addicts regulated in Article 1 number 13 and abusers regulated in Article 1 number 15. Narcotics Addicts are people who use or abuse Narcotics and are in a state of dependence on Narcotics, both physically and psychologically, this study uses a normative Juridical research method, with the technique of collecting and analyzing legal materials is Literature Analysis. Perpetrators and victims of narcotics abuse come from all groups and ages, from children, adolescents, to adults. The spread of illegal drugs has spread and expanded all over the world. The sophistication and ease of transportation facilities and technology greatly facilitate the development of narcotics abuse. Increasingly sophisticated communication tools are one of the means that can facilitate the process of narcotics abuse because they can be done anywhere and anytime. This can be done quickly and easily, especially with the internet.
Pola Pembinaan Narapidana Anak Oleh Lembaga Pembinaan Khusus Anak Roroa, Lela Sari; Toule, Elsa Rina Maya; Latumaerissa, Denny
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.v3i1.19836

Abstract

The government delegates the task of developing children to an organization called the Special Children's Correctional Institution (hereinafter referred to as LPKA). LPKA is a place to educate and guide children who are detained or have committed violations of the law. Forms of guidance for child prisoners at LPKA Class II Ambon include: personality development, skills development, and formal and non-formal education. So, through the coaching carried out, it is hoped that when the child returns to society, the child will have self-confidence and will always have the energy to act positively. However, based on the reality in LPKA Class II Ambon, through the existing forms of coaching, there is still no influence on the results of coaching the target children, because when the children return to society, the children do not have self-confidence and no energy to act positively. The legal research method used is normative legal research or library legal research, this is legal research that examines document studies, namely using various primary legal materials such as statutory regulations, court decisions, legal theories, and can be in the form of expert opinions. From the results of research conducted by researchers using conceptual and statutory approaches, the results concluded are that in the problem of coaching patterns at the Ambon Class II Special Child Development Institute (LPKA) it can be said that there is significantly no influence when children return to living their lives in social environment of society. The factors that hamper the implementation of training for child prisoners at LPKA are: LPKA facilities do not fully support the pattern of training for children of prisoners, such as limited skills space, lack of skills tools, lack of tables and chairs.
Perlindungan Hukum Bagi Pembeli Tanah Beritikad Baik Atas Sertifikat Ganda Ridwan, M; Vitrianingsih, Yeni
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.v3i1.20121

Abstract

Multiple land titles are a serious problem in Indonesia's land system as they cause great harm, especially to good faith buyers. Legal uncertainty and a weak land administration system mean that buyers are often caught up in disputes. This condition shows the need for clear and effective legal protection in land sale and purchase transactions. The purpose of this research is to find out the relationship between laws and regulations, namely Law Number 5 of 1960 concerning Agrarian Principles and Government Regulation Number 24 of 1997 concerning Land Registration in terms of providing legal protection to buyers who suffer losses due to double certification. This research uses a normative legal method with a qualitative approach, by conducting a literature review and analysis of a number of court cases. The results show that legal protection for good faith land buyers has been normatively guaranteed through the Basic Agrarian Law and Government Regulation on Land Registration. However, in practice, buyers remain vulnerable to losses due to multiple certificates due to weak administrative verification, overlapping measurements and procedural irregularities by land agencies. Disputes often arise even when buyers have complied with all legal procedures. This research emphasizes the importance of improving the land administration system, strengthening the role of the National Land Agency, and consistency in court decisions to realize fair and effective legal protection for buyers.
Peran Hukum Adat Dalam Penyelesaian Sengketa Masyarakat Lokal Sopalatu, Abd Raid; Lailita, Rizki Ananda Agust; Sudja’i, A
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.v3i1.20122

Abstract

Customary law plays a significant role in Indonesian society as a dispute resolution mechanism that emphasizes the values of togetherness, kinship, and communal justice. Amid the challenges of modernization and agrarian conflicts, local communities tend to favor customary law over formal state law due to its greater social and cultural relevance. This study aims to analyze the role of customary law in resolving disputes within local communities by highlighting deliberation, mediation, and negotiation as the primary mechanisms. A qualitative approach was employed, based on literature review and case analysis of indigenous communities such as the Batak and Minangkabau. The findings show that customary law ensures peaceful and sustainable conflict resolution because it is rooted in local values such as mutual cooperation, sacrifice, and spirituality. Customary leaders play a key role as mediators, maintaining community stability and harmony. Despite the dominance of formal law, customary law remains relevant and adaptable in meeting community needs. This study underscores the importance of recognizing and integrating customary law into the national legal system to develop a more inclusive, contextual, and socially just approach to dispute resolution.

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