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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 243 Documents

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Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Persetubuhan Secara Berlanjut Noya, Rani; Wadjo, Hadibah Zachra; 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.v3i2.20360

Children are included in the group of rights holders. Children's rights are an inseparable part of Human Rights (HAM). These rights include the basic rights of children because they have special needs related to their position as vulnerable individuals. Cases of violence against children, including sexual violence, namely continued intercourse, still often occur. Sexual violence is a form of physical violence that is a criminal act. This type of research is normative juridical where the research is conducted by collecting primary, secondary and tertiary data obtained using literature studies. The results of this study indicate that the judge's consideration of the perpetrators of the crime of continued intercourse, namely the judge gave aggravating considerations, namely the defendant's actions disturbed the community, the defendant's actions embarrassed the victim and his family, the defendant's actions caused the victim to feel afraid and traumatized. And the mitigating factors are that the defendant regretted his actions and promised not to repeat them again, the defendant was elderly, the defendant had never been convicted, the victim's family had forgiven the defendant. Child Protection is all activities to guarantee and protect children and their rights so that they can live, grow, and develop. Special protection is a form of protection received by children in certain situations and conditions to ensure a sense of security against threats that endanger themselves and their lives during their growth and development.

Kebijakan Hukum Pidana Terhadap Penjualan Obat Aborsi Secara Ilegal Antonio, Rizal Nando; Supusepa, Reimon; 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.v3i2.20380

Indonesia, as a constitutional state, guarantees every citizen the right to health based on the principles of non‑discrimination, sustainability, and established service standards. However, the practice of illegal abortion conducted by unauthorized parties, facilitated by the distribution of restricted medications, remains a serious issue that violates legal provisions and threatens patient safety. A concrete example occurred in the city of Ternate on February 23, 2023, when Indah and Mayang performed an abortion using the drug Gastrul without medical expertise, resulting in a miscarriage. Both were charged and faced a potential prison sentence of up to ten years and a maximum fine of one billion Rupiah. This case highlights the urgent need for strict monitoring of medication distribution and consistent enforcement of the law. This research aims to review and analyze the legal policies related to the illegal sale of abortion medications, including the formulation of future criminal policies to address this practice. The method employed is normative legal research utilizing statutory, conceptual, case‑based, analytical, and historical approaches. The results of this study demonstrate that a firm criminal policy on the sale of illegal abortion medications is a vital measure by the state to prevent offenses that endanger life and violate fundamental human rights. Strict enforcement of the law, enhanced penalties, more comprehensive monitoring of drug distribution, and tighter controls over digital advertising are required. Moreover, strong support from society is essential to foster legal awareness and create an environment that safeguards future generations from the serious risks and dangers posed by illegal abortion practices. In this way, the state can effectively fulfill its constitutional obligation to protect the rights, health, and dignity of every citizen.

Upaya Pencegahan Terhadap Anak Korban Kekerasan Verbal (Catcalling) Pada Lingkungan Pendidikan Maspaitella, Roshanty Putri; Sopacua, Margie Gladies; Saimima, Judy 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.v3i2.20430

Violence that occurs in society against women, one of which is verbal sexual harassment, such as catcalling, is a form of behavior that can deprive a person of their human rights, especially the right to live a peaceful life, feel safe in their activities, build a life in peace, and feel physical and mental happiness in the community. Cases of verbal violence often occur in educational settings such as what happened in Ambon on April 11, 2024 by a student of SMA Negeri 5 Ambon with the initials AFM and the same case on April 2, 2025 experienced by a female student with the initials SW, where they committed verbal violence with sentences that harassed the body shape of their schoolmates. The research method used is normative research, a statutory approach, primary and secondary legal materials and material collection procedures using literature studies. Prevention efforts for child victims of verbal violence (catcalling) in the educational environment are 1) Having the ability or courage to stare at the perpetrator and leave immediately, if you have to pass a group of people who commit verbal violence (catcalling) during the day, the victim can stop for a moment and look at the perpetrator firmly: 2) Avoid wearing flashy jewelry, when walking alone, especially in a quiet place or a group of strangers, it is advisable not to wear flashy or excessive jewelry and 3) Be confident and try to think positively, that we can prevent this form of verbal violence (catcalling) by educating or socializing the law to children in the educational environment.

Implementasi Putusan Mahkamah Arbitrase Internasional Dan Akibat Hukumnya: Konflik Antara China dan Filipina Atas Laut China Selatan Toisuta, Muhamad Rizky; Peilouw, Johanis Stenly Franco; Daties, Dyah Ridhul Airin
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.v3i3.20624

The South China Sea dispute stems from China's historical "nine-dash line" claim to almost the entire area, which the Philippines rejects. In 2013, the Philippines brought the dispute to the Permanent Court of Arbitration (PCA). The PCA's July 12, 2016 ruling affirmed that China's claim had no legal basis under UNCLOS 1982 and rejected the validity of the "nine-dash line", while designating areas such as Scarborough Shoal as part of the Philippines' Exclusive Economic Zone (EEZ). China's stance in rejecting the arbitral award has also been criticized by surrounding countries and the international community, who consider such actions to threaten regional security and raise concerns about the potential for armed conflict in the strategic region. The author uses normative juridical research. In general, normative legal research is research that focuses on legal issues in a particular jurisdiction. Normative legal research focuses on the statutory approach, which leads to the idea that normative research is research on laws and regulations. The analysis focuses on the provisions of UNCLOS 1982, international dispute resolution mechanisms, and the implementation of arbitral awards in global legal practice. The implementation of the Permanent Court of Arbitration (PCA) award faces significant political challenges due to China's rejection, so the legal consequences are more political and economic than formal juridical. The Philippines respects and seeks to implement the award, while China expressly rejects it. This rejection has led to various legal consequences, including the application of enforcement mechanisms that include economic sanctions, membership sanctions in international organizations, and unilateral sanctions from certain countries. Although the PCA ruling has the binding force of international law, China's non-compliance with the ruling shows the limitations of international law enforcement mechanisms in maritime disputes involving major powers. Therefore, resolving South China Sea disputes requires a more comprehensive approach, combining legal, political and diplomatic aspects to achieve sustainable regional stability. The role of the international community and relevant countries is crucial in encouraging compliance with international law and preventing conflict escalation that can have far-reaching regional and global impacts.

Penegakan Hukum Terhadap Kekerasan Seksual Secara Non Fisik Oleh Tenaga Pendidik Perguruan Tinggi Matauseja, Siloam Putrisia; Sopacua, Margie Margie Gladis; 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.v3i2.20990

Various cases of sexual violence in higher education environments have recently occurred, leading to the enactment of Law Number 12 of 2022 on Sexual Violence Crimes and Regulation of the Ministry of Education, Culture, Research, and Technology Number 55 of 2024 on the Prevention and Handling of Violence in Higher Education, which serve as specific regulations for addressing sexual violence crimes, law enforcement, and sanctions. This is exemplified by an incident at Pattimura University, where a lecturer from the Faculty of Teacher Training and Education of PPKn committed verbal sexual violence against one of his students on March 2, 2024. The research method used is empirical juridical research conducted through legislative and field approaches. The sources of legal materials used include primary, secondary, and tertiary legal materials, and the technique for analyzing legal materials used is qualitative. Research shows that the causes of sexual violence in higher education institutions are power relations, psychological factors, cultural and social aspects, and the role of the victim. More specifically, verbal sexual violence by educators in higher education occurs due to patriarchal ideology, stigma, gender stereotypes, and sexism, a culture of victim blaming, and the lack of clear legal frameworks prior to Permendikbud Ristek PPKS, UU TPKS, and Permendikbud Ristek PPKPT. Verbal sexual violence by educators in higher education certainly requires strict law enforcement. Law enforcement against verbal sexual violence in higher education is initially carried out by the institutions through the Task Force for the Prevention and Handling of Violence in Higher Education, involving stages of reporting, follow-up on reports, investigations, preparation of conclusions and recommendations, and follow-up on conclusions and recommendations.

Tanggung Jawab Pemerintah Dalam Melakukan Pengawasan Sertifikasi Label Halal Di Derah Harjuna, Dian Adinda; Lekipiouw, Sherlock Halmes; Pattinasarany, Yohanes
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.v3i2.21264

Indonesia as a country with a majority Muslim population has a high need for halal products. Halal certification and labeling not only serve as a religious guarantee, but also as a form of legal protection for consumers in ensuring the safety and authenticity of products. This study aims to analyze the form of responsibility of the government, both central and regional, in supervising halal label certification and the legal consequences if these responsibilities are not carried out. This research uses a normative juridical method with a legislative approach, a conceptual approach and uses primary and secondary legal materials. The results of the study show that the government has supervisory responsibilities in two forms: preventive supervision carried out before the product is circulated and repressive supervision after the product is circulated. This supervision is carried out by BPJPH in collaboration with LPH, MUI, and local governments. If supervision is not carried out, there is a potential for the circulation of non-halal products that have been labeled halal, causing public unrest and violations of the law. The government may be subject to administrative and criminal sanctions based on applicable regulations. Therefore, sustainable, transparent, and accountable supervision is needed to ensure the halalness of products and the protection of the rights of Muslim consumers, as well as as the implementation of the principles of good governance.

Perekrutan Tentara Anak Dalam Konflik Bersenjata Ditinjau Dari the Optional Protocol to The Convention on The Rights of The Child on The Involvement of Children in Armed Conflict 2000 Risamena, Agnesya Syedeline; Tahamata, Lucia Charlota Octovina; Hattu, Vondaal Vidya
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.v3i3.21528

The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict of 2000 is an international legal instrument designed to protect children from recruitment and direct involvement in armed conflict. However, in reality, violations of the provisions of this protocol still frequently occur in various conflict zones. The practice of recruiting children by armed groups not only contradicts the content of the protocol but also violates the fundamental principles of International Humanitarian Law and Human Rights. This study uses a normative legal method with a regulatory approach, international document studies, a conceptual approach, and a case approach to examine the effectiveness of the protocol's implementation. Data was obtained through literature studies and analyzed qualitatively based on primary, secondary, and tertiary legal materials. The results of the study show that this protocol regulates preventive protection measures, such as prohibiting the recruitment of children under the age of 18, as well as repressive protection through criminalization, sanctions, victim recovery, and inter-state cooperation, to the extent that the protocol requires a mechanism for regular monitoring and reporting to the Committee on the Rights of the Child. The case in Mozambique reflects non-compliance with reporting obligations since 2006, underscoring the importance of strengthening monitoring systems as a means of evaluating and improving child protection policies, as well as optimizing the implementation of this protocol at the national and international levels.

Penerapan Prinsip Non Intervensi Dalam Hukuman Mati Terhadap Warga Negara Asing Wa Djuhardi, Fitri Maryam; Tuhulele, Popi; 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.v2i3.23319

The ASEAN Charter has clear rules regarding respect for the principle of non-intervention. There is a misunderstanding between the application of the principle of non-intervention and the state responsibility, such as in cases relating to foreign nationals, namely the postponement of the execution of the death penalty against Mary Jane as a Philippine citizen. This raises questions regarding the actions of the Philippine government in handling the problems of its citizens in Indonesia which are considered acts of intervention because they contradict the determination of the death penalty verdict that has permanent legal force. The problems studied include: first, how is the regulation of the principle of non-intervention according to International Law. Second, whether the diplomatic efforts made by the State of the Philippines related to the postponement of the execution of the death penalty against its citizens is an act of violation of the principle of non-intervention. This research uses normative juridical method to find out whether the efforts made by the State of the Philippines is an act of violation of the principle of non-intervention according to International Law. From the research conducted, the conclusion follows that the principle of non-intervention is a principle relating to foreign subjects, meaning that the government must avoid intervening in a country's jurisdiction, but on this side must maintain diplomatic relations. As the Philippine government has done, by submitting appeals, cassations, clemency applications to judicial review. This is the Philippines' responsibility to protect its citizens, while the Indonesian government also has the responsibility to protect national interests. To balance the principle of non-intervention with the interests of cooperative relations in the form of diplomacy can be done by making national policies that have the opportunity to alleviate the death penalty sanctions for certain crimes such as drug crimes.

Yurisdiksi International Criminal Court dalam Penyelesaian Kasus Kejahatan Perang Oleh Kepala Negara Pesurnay, Dominique Geraldine Grizelda; Wattimena, Josina Augustina Yvonne; Leatemia, Wilshen
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.v2i3.23321

On March 27, 2023, the International Criminal Court issued a warrant for the arrest of the Russian Head of State, Vladimir Putin, for alleged war crimes committed in Ukraine. Russia itself is not a member state of the 1998 Rome Statute so this case highlights the contradictions in the application of the International Criminal Court's jurisdiction and the enforcement of international humanitarian law under the 1998 Rome Statute. The purpose of the research is to analyze and find out whether the status of a state that does not ratify the 1998 Rome Statute affects the validity of the arrest warrant of the head of state issued by the International Criminal Court and the settlement of war crimes cases by the head of state according to the International Criminal Court. The research method that the author uses is normative juridical research method as well as, statutory approach, case approach and conceptual approach. The results of this study show that the International Criminal Court has four types of jurisdiction: personal, material, temporal, and territorial. If a state is unwilling or unable to address these issues, then the International Criminal Court's jurisdiction will apply. In Vladimir Putin's case, his war crimes on Ukrainian territory fall within the territorial jurisdiction of the International Criminal Court, making the arrest warrant issued automatically valid. Heads of state, as high-ranking government officials, are treated as equals before the International Criminal Court, as emphasized in Article 27 of the 1998 Rome Statute. The case resolution procedure would then be the preliminary examination, investigation, pre-trial stage, trial stage, appeal stage, and sentencing. Vladimir Putin will enter the pre-trial stage after his arrest.

Upaya Hukum Terhadap Praktik Pembuangan Limbah Nuklir Aksan, Lanang Dwi; Anwar, Arman; Waas, Richard Marsilio
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.v2i3.23322

Japan is an industrial country that uses nuclear as its main energy source. In 2011 an earthquake and tsunami hit Japan in Fukushima, which caused a nuclear disaster. This causes the plant to produce contaminated air every day, which is then stored in large tanks and Japan states that this is not a sustainable solution. Japan's plans to dump processed air waste from the Fukushima nuclear power plant into the sea have raised concerns and anger at home and abroad. The international regulatory framework can be found in the UN Convention on the Law of the Sea and the 1972 London Convention. Japan is one of the parties involved in these two conventions. Countries involved in these conventions must issue legal regulations to prevent and reduce marine contamination due to waste disposal. The research uses research methods with a normative juridical research type. The problem approaches used are the statutory approach, conceptual approach and case approach. The sources of legal materials used are primary, secondary and tertiary legal materials. procedures for collecting legal materials and processing legal materials through literature using qualitative descriptive analysis. Based on the results of the research conducted, it can be concluded that the case of dumping Fukushima nuclear waste into the sea is in the spotlight because of its detrimental impact on the marine environment and public health. Japan is forced to dump nuclear waste into the sea due to limited storage space. This action raised concerns not only at the local level, but also internationally. Japan is expected to take responsibility for these actions and overcome their negative impacts. Countries have efforts and obligations to enforce laws to repair marine damage due to pollution. They must implement regulations and take the necessary efforts to prevent, reduce and control marine pollution based on international law. Damage recovery measures are required, including requests for compensation as the responsibility of the party who caused the pollution. State responsibility in international law emphasizes that countries that cause harm to other countries must be held responsible and make appropriate reparations to return things to normal.

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Muchtar A H Labetubun

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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

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Abstract

Abstract

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Abstract

Abstract

Abstract

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