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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 243 Documents
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Fair Mine Management in Indonesia Hamid, Moh Ilias Bin; Angga, La Ode; Latupono, Barzah; Irham, Muhammad
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.21892

Abstract

Environmental protection and management has consequences for the development of an integrated national policy system, and must be implemented in accordance with principles from the central government to the regions. Related to the above, Immanuel Kant thought that the principle of practical law comes from pure reason which is the basis for determining an action or deed. The type of research used is normative legal research, which is research that mainly examines positive legal provisions, legal principles, legal principles, and legal doctrines in order to answer the legal problems faced. This type of research is normative juridical, which is a legal research method that is carried out by reviewing literature or secondary materials. The form of legal rules related to equitable mining environmental management in Indonesia in the future should contain material that contains the following elements: a) integrated environmental management; b) clarity of authority between the central and regional governments; c) strengthening environmental control efforts; d) strengthening of pollution and/or environmental damage prevention instruments which include strategic environmental assessment instruments, spatial planning, environmental quality standards, environmental damage standard criteria, Environmental Impact Analysis, environmental management efforts and environmental monitoring efforts, licensing, environmental economic instruments, environment-based laws and regulations, environment-based budgeting, risk analysis environment, and other instruments in accordance with the development of science and technology; e) the use of licensing as a control instrument; f) the use of ecosystem approaches; g) certainty in responding to and anticipating global environmental developments; h) strengthening environmental democracy through access to information, access to participation, and access to justice as well as strengthening people's rights in environmental protection and management; i) Stricter enforcement of civil law, state administration, and criminal law; j) Strengthening institutions for more effective and responsive environmental protection and management; and k) Strengthening the authority of environmental supervisory officials and environmental civil servant investigators.
Pengawasan Terhadap Penyelenggaraan Pemilihan Kepala Desa Tuasalamony, Muhammad Zarkasyi; Pattipawae, Dezonda Rosiana; Nirahua, Graciano
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.14823

Abstract

The election of the Village Head is direct, general, free, secret, honest and fair. So, in order to realize democratic village head elections, supervisory institutions are required to carry out supervision in accordance with their authority in village head elections. However, there were findings of violations in the implementation of village head elections, namely procedural inconsistencies in receiving registration documents for prospective village head candidates and a number of voter lists were still considered invalid. This research raises two problems, namely how to supervise the implementation of village head elections and the form of supervision of village head elections. The research method used in this writing is a normative juridical research method with a statutory approach and a conceptual approach. The results of this research can be concluded that supervision of democratic Village Head elections can be carried out in accordance with the guidelines for simultaneous village head elections through a monitoring mechanism, in this case the election supervisor checks the completeness, correctness, accuracy and validity of documents as well as the number of vote counts which are the object of supervision. at every stage of holding village elections, and the most effective form of supervision applied in holding Village Head elections is the form of repressive supervision in the form of inquiry and investigation, temporary suspension of vote counting, reporting and follow-up, as well as confiscation and freezing of vote counting results.
Pengawasan Pemerintah Terhadap Izin Pelaksanaan Pengelolaan Hasil Sedmimentasi Laut Wael, Yanti; Nendissa, Renny Heronia; Holle, Erick Stenly
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.15970

Abstract

The increasing activities of marine sedimentation results can damage the utilization of natural resources in coastal areas and small islands in the waters, for that effective supervision from the government is needed so as not to cause conflict so that its implementation can be fully felt by coastal communities. However, there are problems in the management of marine sedimentation results both in terms of regulation and government authority, so it is interesting to examine whether the regulations on marine sedimentation management permits and their management authority have met the provisions of laws and regulations. The purpose of this study is to determine and explain the form of government supervision of marine sedimentation management and the legal consequences of the government not supervising the management of marine sedimentation results. The research method used in this writing is the normative juridical research method with a legislative approach and a conceptual approach. The results of this study can be concluded that government supervision of marine sedimentation management permits cannot run effectively because there are some unclear formulations of norms, and derivative regulations are needed regarding the authority of related Ministry Institutions, such as the Ministry of Marine Affairs and Fisheries and the Ministry of Energy and Mineral Resources which have the potential to overlap authority so as to hinder supervision, and the legal consequences of the government not supervising the management of marine sedimentation results are due to the conflicting legal norms, namely Government Regulation Number 26/2023 which is contrary to Law Number 32/2014 and the like. So that the implementation of Government Regulation Number 26/2023 is null and void.
Pelaksanaan Lelang Eksekusi Atas Hak Tanggungan Akibat Kredit Macet Pada Bank Melay, Adrin Stevani; Laturette, Adonia Ivonne; Haliwela, Nancy Silvana
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.23085

Abstract

The implementation of the execution auction of mortgage rights due to bad debts at the bank which is carried out in accordance with Article 6 Number 4 of Law 1996 concerning Mortgage Rights involves complex legal procedures in the context of credit agreements. In this context, the credit given to CV. Dumai Putra Riau experienced problems due to bad debts, which led to the collateral auction process. The auction process carried out on March 19, 2015 showed that the collateral sale value was insufficient to cover all of the debtor's debts, leaving a remaining debt of IDR. 29,000,000.00. This happened because of the poor physical condition of the collateral, including damage to the building and a non-strategic location. From a legal perspective, this case reflects the responsibility that arises due to negligence, as regulated in Article 1366 of the Civil Code. The type of legal research used is normative juridical, which is carried out by examining legal principles and concepts, as well as laws and regulations. The legal research method used refers to primary, secondary, tertiary legal materials, with a statutory approach and a conceptual approach as well as the collection and analysis of legal materials. The purpose of this research is to find out the implementation of the auction of the execution of mortgage rights and the debtor's responsibility due to bad credit at the bank. The results of the study indicate that transparent law enforcement and a deep understanding of rights and obligations are the keys to avoiding legal disputes in the banking world and debtors remain legally obliged to settle the remaining debts that have not been covered by the auction results. In line with responsibility based on errors, even though the collateral has been auctioned, the debtor remains legally obliged to settle the remaining debts that have not been covered by the auction results. Related to the results of the execution of mortgage rights that are not sufficient in paying off debts, the bank or creditor can execute other assets belonging to the debtor. This is of course related to Article 1131 of the Civil Code, but in executing other assets outside the collateral in terms of debt repayment, a lawsuit should be filed first in terms of fulfilling the repayment of the remaining receivables that have not been paid in court.
Penetapan Mata Rumah Parentah Dalam Sistem Pemerintahan Adat Sarimanella, Welfri; Pietersz, Jemmy Jefry; Nirahua, Garciano
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.23116

Abstract

The king of a traditional country is usually appointed and elected directly by the traditional community of the traditional country, usually there is one or more clans (fam) that are descendants of the king (mata ruma parenta). With the issuance of Ambon City Regional Regulation Number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of the Country Government (hereinafter referred to as Regional Regulation no. 10 of 2017), the traditional community through the Saniri Negeri determines the mata rumah parentah and is made in a country regulation. The research method used is normative legal research. The normative legal research method is a library legal research conducted by examining library materials or secondary data. This research was conducted in order to obtain materials in the form of theories, concepts, legal principles and legal regulations related to the subject of Language. The use of legal material sources consists of primary and secondary legal materials to discuss the formulation of the problem. The results of the study show that: (1) the determination of the house of the panrentah has been in accordance with the laws and regulations as per the Ambon City Regional Regulation Number 10 of 2017 concerning the appointment, election, inauguration and dismissal of the head of government. Which is procedurally implemented by the Saniri Negeri through a voting system. This system has also been regulated in the Central Maluku Regency Regional Regulation Number 04 of 2006 concerning guidelines for organizing the Saniri Negeri or the State Deliberative Body; (2) Law as a regulation of human behavior that is mandatory and must be obeyed. The legal consequences if the determination of the house of the parentah in a traditional country is the postponement of the election of the candidate for head of the state government (King).
Tanggung Jawab Bank Terhadap Hilangnya Dana Nasabah Penyimpan Umarella, Fathin Luqyana; Tjoanda, Merry; Haliwela, Nancy Silvana
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.23201

Abstract

The form of a bank's obligations to its customers must be linked to the issue of legal protection of the bank, so the form of the bank's responsibility cannot be separated from the provisions of laws and regulations. If a customer loses money or savings, the bank is required to provide compensation to the customer who lost their money. The type of research used is normative juridical, conducted by studying legal principles, concepts, and regulations. The research method used refers to primary, secondary, and tertiary legal materials with a legislative approach and a conceptual approach, as well as using library research. The analysis of regulatory materials is conducted from the perspective of the applicable provisions. The results of this study indicate that legal protection for customers' deposit funds in banks as consumers can be viewed in Law Number 8 of 1999 concerning Consumer Protection, which stipulates the obligation of banks to comply with the procedures for creating standard clauses, as outlined in PBI Number: 7/6/PBI/2005 concerning Transparency of Banking Products and the Financial Services Authority Regulation Number: 1/POJK.07/2013 concerning Consumer Protection in the Financial Services Sector. The responsibility of conducting business activities between banks and customers creates two sides of responsibility, namely the obligations of the bank itself and the obligations to the customers who deposit funds as a result of the legal relationship. The relationship between customers and banks involves the bank's obligation to handle customer complaints, including resolving them within the established timeframe. The responsibility of each party to maintain the confidentiality of the bank must be carefully observed so that both parties can avoid potential issues that may arise between the bank and its customers.
Perlindungan Objek Sipil dalam Konflik Bersenjata Menurut Hukum Humaniter Internasional Safiun, Safiun; Tahamata, Lucia Charlota Octavina; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.12781

Abstract

Armed conflict not only affects the civilians who are the targets of the conflict, but civilian objects are also affected by the conflict. Civilian objects are any object that is not a military object so that it cannot be used as an object of attack by one of the parties to the conflict. The protection of civilian objects is regulated in Article 52 paragraph (1) and Article 57 paragraph (1) of the Additional Protocol to the Geneva Convention 1494. In addition to being regulated in the article, the protection of civilian objects is also regulated by International Humanitarian Law through principles recognized in HHI such as the principle of Proportionality, the principle of Distinction and the principle of military interests. Violation of the protection of civilian objects in armed conflict is a war crime. Basically, the responsibility for war crimes lies with the individual who committed the violation of the laws and customs of war. The accountability process is carried out through a trial at the ICC (International Criminal Court) where war crimes are the jurisdiction of the ICC itself. War crimes can also be held accountable to the state as well as the commander.
Legal Standing Negara Pihak Konvensi Dalam Menggugat Negara Pihak Lainnya Atas Pelanggaran Konvensi Genosida 1948 Taohi, Indisari Sahril; Anwar, Arman; Wattimena, Josina Agustina Yvonne
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.13968

Abstract

The birth of the 1948 Genocide Convention has bound all states parties to the convention and established obligations for them to prevent and punish genocide. However, in practice there are still countries that violate these obligations. The consequences of these violations can lead to disputes between fellow State Parties to the Genocide Convention, leading to a challenge at the International Court of Justice (ICJ). However, the process of suing must meet the requirements of legal standing, namely that the plaintiff has an interest or is directly affected by the action being sued. The research method used is normative juridical using a statute approach, conceptual approach and case approach. The results that the author concludes show that the International Court of Justice has provided arrangements regarding legal standing, namely only states are given access to disputes before the Court. The disputing state is also required to give consent to the jurisdiction of the International Court of Justice. The implementation of the legal standing of the State Parties to the Genocide Convention is carried out through Article 9 of the Genocide Convention which gives the convention parties the right to bring their disputes before the International Court of Justice. This right stems from the common interest of all States Parties to the Convention to ensure the prevention, eradication and punishment of genocide, by committing to fulfill the obligations contained in the convention, so that any state, not only the state affected by the violation can bring a claim against another state at the International Court of Justice to ensure compliance with the Genocide Convention.
Penanggulangan Penyalagunaan Minuman Beralkohol Dikalangan Remaja Rettob, Zainudin; Latupeirissa, Julianus Edwin; Salamor, Anna Maria
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.14049

Abstract

Abuse of alcoholic drinks among teenagers is a portrait of life activities that are often found in almost all remote areas in Indonesia. Even though many legal products in the form of statutory regulations have been made by state administrators, it cannot be denied that there are still deviant behaviors that are often encountered in social life, which are the ones that then cause disruption to the interests of society. other communities. The research method used is Empirical Juridical. Empirical legal research uses inductive reasoning techniques and acceptable truth criteria to search for truth and collect primary data. Surrogate facts are used to carry out appropriate truth-testing induction processes. The impact of alcoholic drinks among teenagers in the PP Kur Tual city sub-district has several kinds of impacts, namely it can increase the crime rate, damage public health, cause fights/brawls and can increase liver disease among teenagers. Prevention efforts are carried out by the police/district police. PP Kur Kota Tual in preventing the distribution and consumption of alcoholic beverages is carried out with repressive efforts, preventive efforts and preventive, social efforts.
Perlindungan Objek Sipil Dalam Peristiwa Penyerangan Rumah Sakit Pada Konflik Bersenjata Internasional Angriani, Lysa; Anwar, Arman; Peilouw, Johanis Steny Franco
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 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.v3i2.14154

Abstract

: International Humanitarian Law was created for humanitarian reasons to limit the consequences of armed conflict. Provisions in International Humanitarian Law prohibit all forms of attacks, repressive measures, or violence against civilian objects; this includes hospitals, which receive special protection. Regulations on the protection of hospitals as civilian objects are based on Article 19 of the Geneva Convention I, Article 22 of the Geneva Convention II, and Article 27 of the Hague Convention IV. Violations of these are categorized as war crimes based on Article 8 paragraph 2 letter b number ix of the 1998 Rome Statute. War crimes, in this case Israel carrying out attacks on Palestinian hospitals in Gaza, can be tried in accordance with the jurisdiction of the ICC and with the authority of the UN Security Council if Israel cannot carry out law enforcement processes in accordance with its national law.

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