cover
Article Per Year (5 Year)
All
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
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
 21   22   23   24   25 
Pengelolaan Sumber Daya Perikanan Pada Wilayah Perbatasan Tanpa Perjanjian Bilateral Moa, Maria Regina; Wattimena, Josina Augustina Yvonne; Tahamata, Lucia Charlota Octovina
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.v2i3.23324

Abstract

The existence of the Republic of Indonesia has made this country recognized as an archipelagic country with many Indonesian archipelagos, so it is not surprising that there is a lot of potential fishery resources that can be managed, so the United Nations Convention on the Law of the Sea or called UNCLOS 1982. The Republic of Indonesia has many islands, so it is undeniable that Indonesia has many border areas with other countries. Border areas have a very important role in state sovereignty, but there are often problems in these areas, for example, illegal fishing often occurs, especially in the EEZ area, in UNCLOS 1982 in article 62 paragraph (2) has regulated related to the management of fishery resources in the EEZ and in article 51 paragraph (2) also regulates related to rights and Traditional Fshing Rights. Although the 1982 UNCLOS has been regulated, there are many findings that have occurred in the Indonesian EEZ area bordering Timor Leste. This research is normative juridical, namely the collection and analysis of primary, secondary, and tertiary data through literature studies. The data is analyzed qualitatively and systematically compiled by legal disciplines to provide clarity on the issues discussed. The results of this study show that there are several border areas between Indonesia and neighboring countries that have not been fully agreed, for example in the EEZ border area of Timor Leste and Indonesia which still overlaps and becomes an area where illegal fhising often occurs, this problem arises from the ship that was leased by Timor Leste from China to be included in the EEZ which Indonesia claimed that the area was its EEZ.
Wewenang Pemerintah Daerah Dalam Upaya Penanganan Konflik Sosial Antar Desa Suneth, Safar; Pattinasarany, Yohanes; Picauly, Benjami Carel
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.v3i2.23632

Abstract

As a nation based on the rule of law, Indonesia places the supremacy of law as the primary foundation for the administration of national and state life. The implementation of regional and village autonomy, based on Law Number 23 of 2014 concerning Regional Government and Law Number 6 of 2014 concerning Villages, is a crucial instrument for strengthening local governance, including in the management of social conflict. Social conflicts, such as the case between Negeri Hitu and Negeri Wakal in Maluku, demonstrate that horizontal conflict between villages remains a recurring and complex issue. Regional governments have strategic authority in the prevention, management, and post-conflict recovery, as mandated by Law Number 7 of 2012 concerning Social Conflict Management. This study aims to examine the implementation of local government authority in handling inter-village social conflicts and analyze the legal consequences if local governments fail to exercise this authority. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results indicate that the implementation of local government authority in handling social conflicts includes prevention, mediation, and recovery, while negligence can result in social disruption and legal consequences.
Transparansi Pemerintah Dalam Realisasi Anggran Belanja Barang dan Jasa Suwakul, Rian; Nendissa, Renny Heronia; 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.v3i2.23737

Abstract

Transparency in governance is one of the main principles in realizing good governance. Through transparency, the public is able to understand and monitor the budget management process so that it is carried out openly, efficiently, and accountably. In this regard, the Ambon City Government bears a significant responsibility to implement this principle, particularly in the realization of the goods and services expenditure budget. This study aims to examine the forms of transparency implemented by the Ambon City Government in carrying out the goods and services budget, as well as the legal consequences that may arise when the principle of transparency is not upheld. The research employs a normative juridical method with statutory and conceptual approaches. Data were obtained from laws and regulations, legal literature, and other supporting documents. The results of the study indicate that transparency within the Ambon City Government is manifested through the implementation of electronic systems such as SIRUP (General Procurement Planning Information System), LPSE (Electronic Procurement Service), and the E-Catalogue, which serve as forms of public information disclosure in accordance with Law Number 14 of 2008 on Public Information Disclosure. Through these systems, the public can access information related to the planning, implementation, and reporting of goods and services procurement in an open manner. However, in practice, several obstacles remain, including low accountability and indications of budget misuse as found by the Audit Board of Indonesia (BPK) for the years 2021–2023. A lack of transparency may result in administrative, civil, and criminal legal consequences, such as contract cancellation, sanctions against authorized officials, and liability for state financial losses. Therefore, the implementation of transparency principles is a crucial factor in realizing a clean, accountable, and publicly trusted government.
Kekuatan Hukum Resolusi Dewan Keamanan PBB Terhadap Gencatan Senjata Bachtiar, Adjid Akbar; Anwar, Arman; Wattimena, Josina Augustina Yvonne
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23833

Abstract

The functions of the UN Security Council are to maintain international security and order. Therefore, according to the UN Charter, all UN member states are obliged to comply with UN Security Council resolutions in settling inter-State disputes, but in reality, resolutions adopted by the United Nations Security Council are not adhered to by States, as is the UN security Council resolution on a ceasefire not observed by Israel in the Israeli-Palestinian war. The types of research used are Juridical Normative, research approaches using legislative approaches case approaches, historical approaches and comparative, and conceptual approaches. The sources of legal material are primary, secondary and tertiary legal material. The technique of collecting legal material in this research is through a library study, then qualitatively analyzed. The results of this study show that under Article 25 of the United Nations Charter, UN Security Council resolutions are binding on all UN member states in the settlement of international disputes. In the case of an Israeli-Palestinian war, Israel is obliged to comply with UN Security Council resolution No. 2728 of 2024 on a ceasefire. Israel's failure to comply with the said resolution could result in the imposition of legal sanctions on Israel, such as the suspension of its special rights as a member of the United Nations (Article 5 of the Charter), the expulsion of a State from membership of the UN (Artikel 6 of the charter), economic embargoes under Chapter VII of this Charter (Art. 41 of that Charter) and military sanctions (Act. 42 of that charter) as well as the establishment of an International Criminal Tribunal by the UN Security Council to prosecute serious human rights offenders. (Pasal 29 Piagam).
Prosedur Penerbangan Pesawat Terjadwal Dan Pelanggarannya Ditinjau Dari Konvensi Chicago 1944 Soumeru, Christi M P; Tuhulele, Popi; Hanafi, Irma Halima
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23835

Abstract

Airspace violations by foreign aircraft according to international law are emphasized in several conventions and international agreements, one of which is the 1944 Chicago Convention on civil aviation. As in the case that occurred in 2019, where South Korea violated North Korea's airspace, the 1944 Chicago Convention also asserts that foreign state aircraft are not allowed to fly over or land in the territorial territory of another state without authority based on a special agreement or similar from the underlying state. The research method used is normative juridical. In processing and analyzing legal materials, the first step involves qualitative examination of collected primary, secondary, and tertiary legal materials, which are then categorized. These legal materials are reviewed using applicable international conventions to obtain a synchronized picture of all legal materials. Once the legal materials are synchronized with one another, they are further analyzed to address the issues raised in this writing. The research results indicate that the regulation of scheduled aircraft flight procedures is governed by the 1944 Chicago Convention, whereby a country whose airspace is traversed by scheduled commercial civil aircraft must ensure the safety of such civil aircraft. Several steps must be followed by the state party to prevent airspace violations by foreign aircraft, including issuing warnings, intercepting or intercepting the aircraft, and conveying relevant information regarding the warning to the scheduled aircraft such as aircraft identification, flight type, route taken, purpose of arrival, and so on. The form of state responsibility for North Korea's warning shots and firing at South Korea's commercial aircraft (Korean Airlines) is regulated under the 1944 Chicago Convention and other conventions.
Pemenuhan Hak Warga Binaan atas Pelayanan Kesehatan di Lembaga Pemasyarakatan Ode, Mirjan; Anwar, Arman; Leasa, Elias Zadrach
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23856

Abstract

Indonesia is a country of law, if anyone commits a violation of the law, they will be subject to a crime and become a state prisoner to serve their sentence. Those who become state prisoners are usually referred to as inmates. When inmates become state prisoners, their rights as human beings are revoked, so the state must guarantee their rights while they are in prison. Article 9 of Law No. 22 of 2022 concerning Corrections guarantees the rights of inmates, especially the right to receive services. health, the right to health is regulated in Article 4 paragraph (1) of Law no. 17 of 2023 concerning Health. The existence of regulations regarding the rights of inmates, the state must fulfill the rights to health services for inmates as well as possible. However, sometimes the rights of inmates are not implemented properly, such as cases of inmates who died because they were too late in being given first aid and cases of inmates who died because they were referred to hospital too late. This shows that the rights of inmates are still not fulfilled, especially the right to health services. Based on the results of research conducted, the regulation of inmates' rights to health services in correctional institutions, especially in Ambon Class IIA prisons, has been running quite well, starting from the availability of health human resources, the availability of medicines, the availability of health services, the availability of food and drink, and the availability of other health service programs in prisons, then inmates can access health services in prisons provided by the state, starting from physical and economic health services where all costs of health services for inmates are borne by the state. With the existence of rights to health services, the state is obliged to be responsible for fulfilling the right to health services to respect, protect and fulfill them. If the inmates' rights to health services in correctional institutions are not fulfilled, the inmates have the right to submit complaints and/complaints to the prison authorities. The legal mechanism that can be taken by inmates due to the failure to fulfill their rights to health services in prisons is contained in the decision of the Director General of Corrections. No. E.22.PR.08.03 of 2001 concerning Implementation of Correctional Duties. The mechanism is that the prison and the inmates' guardians will hold a hearing to resolve the matter.
Pengawasan Pada Wilayah Perbatasan Laut Suatu Negara Imbiri, Rival Jou; Peilouw, Johanis Steny Franco; Leatemia, Wilshen
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23857

Abstract

Indonesia is an archipelagic country with many natural resources. With the ratification of UNCLOS 1982, Indonesia's maritime territory became wider. This opens up opportunities for legal violations due to lack of supervision in border areas, such as the entry of Rohingya refugee ships into Indonesian territory. Apart from the influx of Rohingya into Indonesian waters, various kinds of legal violations also occur in Indonesian waters, one of which is the case of illegal fishing which is very detrimental to the Indonesian state. This type of research is normative juridical where research is carried out by collecting primary, secondary and tertiary data. obtained using literature study. The results of this research show that supervision of Indonesia's maritime border areas has been carried out in accordance with the provisions stipulated in the 1982 Convention on the Law of the Sea. By ratifying UNCLOS 1982, Indonesia has issued and established national legislation relating to supervision and law enforcement at sea. . Apart from that, Indonesia also has various ministries/institutions that have the authority to carry out supervisory and law enforcement functions in Indonesian maritime areas. Legal problems faced by Indonesia in carrying out supervision in maritime border areas include overlapping roles, duties and functions (authorities) and regulations, weak coordination between agencies that have authority at sea, the absence of special institutions that have dimensional functions including supervision and law enforcement. , and limited facilities and infrastructure used to monitor and enforce laws in maritime areas.
Pengungsi Rohingnya dan Tindakan People Smuggling dalam Hukum Internasional Kaliky, Sultan Kanon; Wattimena, Josina Augustina Yvonne; Noya, Ekberth Vallen
PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 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.v2i2.23858

Abstract

Humanitarian disputes throughout the world continue, causing discomfort for those who suffer from these problems, so they try to seek refuge in several countries that are considered safe to avoid conflicts in other countries. When they calm down, people will come together to save themselves from human cruelty towards each other. The aim of the writing carried out by the author is to analyze and discuss the arrival of Rohingya refugees in Indonesia and the act of human smuggling. The research method used by the author is normative juridical where research is carried out to obtain data through literature studies, namely various literature and scientific materials, brochures and so on. The research results show that the regulation of human trafficking crimes, both at the international and national levels, can influence (or cloud) the international protection that should be provided to asylum seekers. However, on the other hand, human smuggling can weaken asylum seekers and potentially violate the principle of non-refoulement.
Kriminalisasi Cyber-Retribution (Pembalasan Digital) dan Fenomena Digital Mob Justice: Komparasi Batasan Hukum Pidana Indonesia dan Korea Selatan dalam Melindungi Privacy Interest Mudyawati, Rahmalina Nurul; Mudyawati, Melani Nurul
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.v3i3.24004

Abstract

This study is motivated by the escalating phenomenon of cyber-retribution and digital mob justice, which poses a significant threat to individual privacy rights. The objective of this research is to analyze the comparative criminal law boundaries between Indonesia and South Korea regarding digital retribution and the protection of privacy interests. This research employs a normative legal method with statutory and comparative approaches. The findings reveal that Indonesian criminal law remains fragmentary, relying heavily on ambiguous defamation offenses under the Electronic Information and Transactions (ITE) Law, thus failing to protect privacy comprehensively. Conversely, South Korea demonstrates a more progressive legal framework with specific regulations explicitly targeting doxing and non-consensual content dissemination. In conclusion, Indonesia requires a reconstruction of cybercrime offenses to shift the legal paradigm from merely protecting reputation to safeguarding substantial privacy interests.
Kesepakatan Perjanjian Internasional yang Dilanggar dan Akibat Hukumnya Bagus, Nurlina; Tuhulele, Popy; Leatemia, Wilshen
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.v3i2.24017

Abstract

International treaties are formed with the aim of becoming the basis for solving problems in the future so that the parties are protected, get legal certainty, and justice. The process of forming international agreements, countries must comply with the rules of international law regarding the making of international agreements. Indonesia has accelerated the ban on exporting nickel ore in 2020. The European Union sued Indonesia at the WTO court because it was deemed to have violated the GATT-WTO agreement. The purpose of this study is to find out and analyse whether international agreements that have been agreed upon by participating countries can be violated and to find out and analyse the legal consequences of the implementation of the international agreements in question. The results of this study indicate that, International Agreements that have been agreed upon by participating countries can be violated because there are certain circumstances that can be violated. by participating countries can be violated because there are certain circumstances that justify the act of violation as stipulated in the 1989 Vienna Convention justifying the act of violation as stipulated in the 1989 Vienna Convention on International Treaty Law, and the 1969 Vienna Convention which provides guidelines and principles in international agreements.

Page 24 of 25 | Total Record : 243

 21   22   23   24   25 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol 3 No 3 (2025): Desember 2025 PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review Vol 2 No 3 (2024): Desember 2024 PATTIMURA Law Study Review Vol 2 No 2 (2024): Agustus 2024 PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review