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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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Penggunaan Karya Cipta Lukisan Joan Mitchell Pada Katalog Louis Vuitton Sebagai Bentuk Pelanggaran Hak Moral Lestari, Tika Indah; Haliwela, Nancy Silvana; Balik, Agustina
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.v3i2.14344

Abstract

Currently, there are still many copyright violations, one of which is the violation of copyright for works of art. Even globally, there are still copyright violations, as experienced by a well-known painter in the field of American art and graphics whose injury was used as a backdrop for the catalog of one of the well-known brands, namely Louis Vuitton. The painting was used without permission from the copyright holder. Not only that, Louis Vuitton also did not mention the name of the creator when using Joan Mitchell paintings. According to the law in force in Indonesia, painting is a branch of fine art whose existence is protected as stated in Article 40 Paragraph (1) letter f of the law number 28 of 2014 concerning copyright.
Jurisdiksi International Criminal Court (ICC) Terhadap Presiden Rusia Vladimir Putin Berdasarkan Ketentuan Hukum Humaniter Internasional Tuasalamony, Rauda Fil Jannah; Wattimena, Josina Augustina Yvonne; Anwar, Arman
PATTIMURA Law Study Review Vol 3 No 3 (2025): Desember 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.v3i3.14380

Abstract

The International Criminal Court (ICC) is important in enforcing international law, especially against serious crimes. In March 2023 the ICC issued an arrest warrant for President Vladimir Putin regarding his crimes against humanity and war crimes, even though Russia is not a member country of the ICC. The issues in this writing include, whether Russian President Vladimir Putin can be arrested by the International ICC under the provisions of International Humanitarian Law and whether Russian President Vladimir Putin can be held accountable to the ICC under the provisions of International Humanitarian Law. The research method applied is normative legal research by studying legal library materials through statutory, case, and conceptual approaches and using quanlitative analysis. Research results show that the ICC has limited jurisdiction and cannot outperform national courts, it does not have the power to enforce arrest and accountability without Russia's cooperation. Russia also has veto rights at the UN, so Russia can use its veto rights to protect its national interests. Even though it is difficult for the ICC to arrest and hold Putin accountable, the arrest warrant affects Russia's political and diplomatic relations. The research aims to serve as input for legal science, especially in International Law related to the Arrest and Accountability of Russian President Vladimir Putin to the ICC Based on the Provisions of International Humanitarian Law.
Perlakuan Terhadap Tawanan Perang Yang Tidak Manusiawi Salakory, Eddi Emi Christin; Hanafi, Irma Halima; Riry, Welly Angela
PATTIMURA Law Study Review Vol 3 No 3 (2025): Desember 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.v3i3.14498

Abstract

Prisoner of war (POW) is a member of the armed forces captured during wartime. Prisoner of war should be treated with high protection and respect, free from violence, threats, and torture. The US soldiers' inhumane treatment of prisoners in Abu Ghraib prison, Iraq, exemplifies a serious human rights violation. Recently, former Ukrainian prisoner of war reported being tortured in southwestern Russia, including beatings and electric shocks. This thesis employs Normative Law research, focusing on positive legal norms through a dogmatic approach to understand their relationships with legal principles and institutions. The study highlights that Geneva Convention III of 1949 obligates states to arrest, prosecute, and punish violators of prisoners of war rights. The US adhered to these obligations by prosecuting six military personnel involved in Abu Ghraib torture but is not required to compensate for its officials' or agents' involvement. Conversely, Russia has not addressed its treatment of Ukrainian prisoner of war, underscoring the need for adherence to International Humanitarian Law and International Conventions to safeguard prisoner of war rights.
Perlindungan Hukum Terhadap Korban Pornografi Berbasis Siber Mulyono, Dian Adiningsih; Hehanussa, Deassy Jacomina Anthoneta; Patty, Jetty Martje
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.v3i2.14662

Abstract

Cyber-based pornography crime is a form of pornography crime that uses internet information and electronic technology as a means of spreading it. This raises various problems that need to be addressed, especially regarding the protection of victims, so the author conducted research intending to find out what form of legal protection exists for victims of cyber-based pornography and the obstacles in providing legal protection for victims of cyber-based pornography. The research method used is normative juridical research using a statutory regulation approach, case approach, and conceptual approach and using qualitative analysis. The results obtained from this research are the forms of legal protection provided to victims of cyber-based pornography, namely law enforcement against perpetrators, compensation, deletion of detrimental electronic information, socialization, and cyber supervision. Obstacles in providing legal protection to victims of cyber-based pornography are limitations in regulating victims' rights in law, removing content through a long process, difficulty in identifying perpetrators, limited infrastructure, and the number of police who have expertise in the field of technology, different interpretations. different between the Pornography Law and the ITE Law.
Penegakan Hukum Pidana Terhadap Peredaran Barang Cukai Ilegal di Kantor Pengawasan Dan Pelayanan Bea Dan Cukai Pattinusa, Donny; Titahelu, Juanrico Alfaromona Sumarezs; Latumaerissa, Denny
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.v3i2.14714

Abstract

The Directorate General of Customs and Excise is a directorate under the Ministry of Finance of the Republic of Indonesia which is authorized to take care of customs and excise issues. One form of violation of the law in the field of export and import of goods is smuggling. Smuggling issues are always related to customs and excise. Smuggling is an interesting issue to discuss because it relates to the implementation of the duties of law enforcers and several agencies including DGCE in enforcing the law and supervising export and import activities. The research method used to examine and discuss this issue is the normative legal research method. The approaches used are the legislative approach, conceptual approach and case approach. The legal materials used include primary legal materials and secondary legal materials. The results of this study indicate that: (1) factors affecting law enforcement against the circulation of illegal excise goods at the Ambon Customs and Excise Supervision and Service Office include the development of trade practices, misuse of information technology, and public demands for the existence of supervision of goods traffic. (2) The form of criminal law enforcement against the circulation of illegal excise goods at the Ambon Customs and Excise Supervision and Service Office is enforcement in concreto, which is carried out through prosecution. The flow of enforcement consists of 3 (three) stages, namely, pre-enforcement, enforcement and post-enforcement. The content of the results of the prosecution.
Hak Anak-Anak Pengungsi Rohingya dan Perlakuan Standar Minimum dalam Hukum Internasional Lesbatta, Franszisco Alvaro; Hanafi, Irma Halima; Daties, Dyah Ridhul Airin
PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 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.v2i3.14732

Abstract

The Rohingya ethnic group was excluded by the Myanmar Military Junta Government from the list of majority ethnic groups and ethnic minorities who have lived in Myanmar since the 1980s. Since then, the Rohingya ethnic group has become victims of discrimination, forced labor, human rights violations and so on. This resulted in the Rohingya ethnic group seeking refuge in other countries, including Bangladesh, Malaysia, Thailand, India and Indonesia. Rohingya ethnic refugees entered Indonesia for the first time in 2009. The surge in Rohingya refugees entering Indonesia occurred in the period November 2023 to 10 December 2023, where they used 9 different boats. Fulfilling the rights of Rohingya refugee children is not yet sufficient or has not been fulfilled optimally in accordance with the 1989 Convention on the Rights of the Child which is specifically stated in Article 22 which stipulates that every international and national element must guarantee the fulfillment of the rights of children with refugee status. The research method uses normative juridical research, with an analytical perspective research type, as well as sources of legal materials which include primary legal materials, secondary legal materials and tertiary legal materials. Collection of legal materials is carried out through literature study and analysis. The research results show that Indonesia has tried to fulfill the rights of Rohingya refugee children, but this has not been implemented well or optimally. So that Indonesia, as one of the countries that has ratified the 1989 Convention on the Rights of the Child, must make more efforts to fulfill the rights of Rohingya refugee children in accordance with the Convention on the Rights of the Child which is specifically stated in article 22, and must be in line with the concept of minimum child protection standards. which is a guideline in protecting and fulfilling the rights of Rohingya refugee children.
Penggunaan Balon Udara untuk Tujuan Spionase dan Implikasi Terhadap Hukum Internasional Atmodjo, Kevin Christian; Wattimena, Josina Augustina Yvonne; Peilouw, Johanis Stenly Franco
PATTIMURA Law Study Review Vol 3 No 3 (2025): Desember 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.v3i3.14939

Abstract

This research analyzes a violation of airspace sovereignty by unmanned free balloons for espionage purposes. Each country has full and exclusive sovereignty over its entire territory which includes the surface of the earth and the contents of the earth beneath the surface, including air space. A country that violates sovereignty over airspace without permission entails responsibility for the passing country towards the lower country. The research method used is normative juridical using problem approaches such as the statute approach, conceptual approach, and case approach. The research findings show that unmanned free balloons are the same as the classification of aircraft regulated in Annex 2 of the 1944 Chicago Convention regarding unmanned free balloons which are defined as unpowered, unmanned, and lighter than air aircraft in air flight. The use of unmanned free balloons for espionage purposes in peacetime has no legal regulations, so that they have implications for violations of state sovereignty which give rise to state responsibility. ICAO or International Civil Aviation Organization needs to reconstruct the legal ground towards unmanned free balloons usage outside the function of meteorological purposes in order to avoid the false accused and declare specified sanctions towards the violators.
Penegakan Hukum Terhadap Tindak Pidana Pertambangan Batu Cinnabar Ilegal Hakim, Dandy Alvian; Sopacua, Margie Gladies; Muammar, Muammar
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.v3i2.18150

Abstract

Luhu Village, West Seram Regency has a Cinabar Stone Mine. In addition to the people of Luhu Village, many people from outside the area also come to seek a living at the location. On the one hand, the community is very grateful because the results of the mining activities are very noticeable for improving the family economy, so that many of the needs of families and school children can be met. However, on the other hand, the mining activities they carry out do not have a permit from the government and are illegal activities. Law No. 4 of 2009 has regulated in detail the mining procedures, where the perpetrators, both individuals and legal entities who carry out mining activities without a permit, are declared illegal miners. The research method used in this study is Normative Empirical. The data needed was obtained, both from the West Seram Police, and from the community around the mining area. From the data collected, after being analyzed, it can be concluded that 1) Legal handling of illegal mining crimes in Luhu Village is carried out in three stages of handling; a) Socialization is carried out to the community, b) Preventive measures are taken, and c) Repressive measures are taken against perpetrators who are still stubborn; 2) In carrying out law enforcement, there are obstacles, both related to geographical factors, minimal personnel and supporting equipment, limited economic conditions of the community and cultural factors.
Penanganan Terhadap Anak Korban Kekerasan Seksual Yang Dilakukan Oleh Keluarga Terdekat Timisela, Victor Riko Febrianko; Sopacua, Margie Gladies; Fadillah, Astuti Nur
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.v3i2.19121

Abstract

Sexual violence against children has long-term impacts and reflects systemic failures in protection, especially when perpetrators are family members. Despite existing regulations, cases continue to rise, and victims often remain silent due to social pressure. This study is needed to understand the root causes and develop more effective prevention strategies. The results show that in terms of handling efforts by means of a curative approach, efforts made by related institutions include psychological assistance and rehabilitation, legal services and advocacy, medical care and health recovery, temporary shelters, and social reintegration and family support.
Penerapan Pidana Terhadap Pelaku Penangkpan Ikan Menggunakan Bahan Peledak Samalelaway, Hendry Piter; Wadjo, Hadibah Zachra; Leasa, Elias Zadrach
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.v3i2.19986

Abstract

The purpose of this study is to determine and analyze the legal considerations and deterrent effects on those who are given a criminal sentence of less than 1 year for fishing using explosives or fish bombing. Fish bombing is the use of explosives to produce an explosion that releases large and fast energy in a fishing area in order to kill fish, making it easier for the bomber to catch fish. The use of bombs in fishing causes damage to marine resources and the environment, especially coral reef ecosystems. This writing uses a Normative Juridical research type, with a statutory regulatory approach, a conceptual approach and a case approach. The problem that the author can discuss is the Judge's Legal Consideration in Imposing a Criminal Sentence of One Year. Based on the provisions of Law Number 45 of 2009 amending Law Number 31 of 2004 concerning Fisheries. There are several types of crimes in fisheries that are contained in Articles 84 to 101. The results of the study show that the act of fishing using explosives carried out by perpetrators who are given criminal sanctions of less than one year is not in accordance with existing laws, as can be seen in Article 84 paragraph (1) "Any person who intentionally in the fisheries management area of the Republic of Indonesia carries out fishing and/or fish farming using chemicals, biological materials, explosives, tools/and/or methods, and/or buildings that can harm and/or endanger the sustainability of fish resources and/or their environment.

Page 22 of 25 | Total Record : 243

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