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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,
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 253 Documents
Pendudukan Wilayah Oleh Negara Musuh dan Pelaksanaan Referendum Salampessy, Sal Sabila; Tuhulele, Popi; 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.v3i2.24018

Abstract

Occupation is a form of sovereignty enforcement over a territory that is not under the control of another state, and the UN Charter prohibits the acquisition of territory by force. The referendum conducted by Russia in Ukrainian territory constitutes a violation of Article 2(4) of the UN Charter, UN General Assembly Resolution Number 2625 of 1970, and UN General Assembly Resolution Number 2131 of 1965 on the prohibition of intervention in the internal affairs of other states. The principle of self-determination through a referendum should be conducted without external interference and in accordance with international law. This research employs normative legal methods with case and legislative approaches to examine the regulations regarding referendums in international law and the feasibility of conducting them in enemy-occupied territories. The findings indicate that a referendum cannot be lawfully conducted in an enemy-occupied territory as it violates fundamental principles of state sovereignty, territorial integrity, and the non-intervention principle in international law. Concrete examples, such as the referendums conducted by Russia in Crimea and the regions of Donetsk, Lugansk, Kherson, and Zhaporizhia, illustrate violations of international law, with the results of these referendums being legally unrecognized by the international community.
Maladministrasi Dalam Bidang Pendidikan di Indonesia Ohorella, Muhammad Fawwaz; Nirahua, Salmon Eliazer Marthen; Nendissa, Renny Heronia
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.v3i2.24349

Abstract

The legal issue in this study is the finding of intolerance against students in the school environment, namely the polemic of non-Muslim students at SMK Negeri 2 Padang, West Sumatra who are required to wear hijab. Therefore, it is interesting to examine whether intolerance can be categorized as a form of maladministration so that administrative sanctions can be applied to the action itself. The purpose of this study is to find out and analyze acts of intolerance against female students that can be categorized as maladministration and administrative sanctions that can be applied to acts of intolerance for female students in the school environment. The research method used in this writing is a normative juridical research method with a legislative approach and a conceptual approach. The results of this study can be concluded that Intolerance Actions for female students in the school environment can be categorized as a form of maladministration in the education sector. This is based on Article 1 point 3 of Law Number 37/2008 and Article 11 of Ombudsman Regulation Number 26/2017 which defines maladministration as a form of behavior or unlawful act, one of which is discrimination, on the grounds that it does not provide freedom for students to behave and express their opinions through the way of wearing a uniform in accordance with the religion adhered to and this action is a violation of government administration and public services. Administrative sanctions that can be applied to acts of intolerance for students in the school environment are that they can be subject to disciplinary sanctions based on the rule of law.
Bentuk Perlindungan Dan Pertanggungjawaban Terhadap Hak-Hak Anak Dalam Konflik Bersenjata Ferrara, Dendy Anugrah; Wattimena, Josiana Agusthina Yvonne; Hanafi, Irma Halima
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.v2i3.24587

Abstract

The armed conflict that occurred in Afghanistan in 2001 and the use of child soldiers in the Congo conflict in 1996 are types of conflicts related to human rights that require protection and accountability in accordance with International Law which regulates the Geneva Conventions 1949, Additional Protocols I and II 1977, Rome Statute 1998, and Optional Protocols. The problems studied include: First, how is the protection of children's rights in situations of armed conflict. How is the responsibility of the relevant parties to the protection of children's rights in armed conflict. The research method used is normative juridical by using case approach, conceptual approach, and statutory approach. The purpose of the research is to analyze and find out the form of protection of children's rights in situations of armed conflict, as well as the responsibility of the parties concerned for the protection of children's rights in armed conflict. The results of this study explain that the form of protection of children's rights in situations of armed conflict consists of preventive legal protection regulated in the 1949 Geneva Convention Additional Protocol I Article 51 Paragraphs 1 to 3, and repressive legal protection related to legal protection for children recruited as child soldiers based on the 1989 Convention on the Rights of the Child regulated in Article 38. The final mechanism for accountability to parties who recruit children to serve as soldiers can be tried at the International Criminal Court (ICC). Thus, there is a need to harmonize the provisions of armed conflict and the protection of children's rights in International Law. Each state must ensure effective law enforcement as a means of accountability for violations of International Law, including through thorough investigations and fair trials of perpetrators of violations involving the use of child soldiers.
Tanggung Gugat Pelaku Usaha Obat Batuk Yang Merugikan Konsumen Joy Valentine Tamaela; Theresia Louize Pesulima; Roulinta Yesvery Sinaga
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.14602

Abstract

The circulation of liquid cough medicine is common; unfortunately, there are cases of contaminated cough medicines that are unfit for consumption, causing harm to consumers. According to Law Number 8 of 1999 on Consumer Protection Article 4 Paragraph (3) regarding consumer rights, business actors who sell and produce liquid cough medicine are obliged to provide information on the composition and usage on the product packaging. However, there have been instances where contaminated liquid cough medicine provided a composition that did not comply with the standard composition of genuine liquid cough medicine, resulting in the provision of incorrect information.This research employs normative juridical legal research, examining legal principles and concepts as well as legislation. The research method involves primary, secondary, and tertiary legal materials, using statutory and conceptual approaches, and data collection techniques and legal analysis to address the issues.The research results indicate that responsibility in this case focuses more on fulfilling consumer rights and the obligations of business actors in the case of liquid cough medicine. The legal protection provided aims to ensure that consumer rights are not violated by business actors, in accordance with Article 1 Paragraph 1 of the Consumer Protection Act. If issues such as the one raised by the author occur, business actors must prioritize honesty and consumer safety, and comply with regulations regarding the rights and obligations between business actors and consumers.Legal protection for the involved parties can be implemented through legislation as a form of preventive legal protection, and also through repressive legal protection in the form of alternative dispute resolution or civil lawsuits in court. The government must also be more stringent in imposing sanctions on business actors who commit fraud. Thus, preventive and repressive measures can work in tandem to ensure consumer rights are protected and business actors are held accountable for their products.
Penegakan Hukum Udara Terhadap Pesawat Udara Asing Yang Melanggar Yurisdiksi Negara Indonesia Anna Santa Siregar; Irma Halima Hanafi; Welly Angela Riry
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.25201

Abstract

State sovereignty over airspace is a fundamental principle in international law as affirmed in the 1944 Chicago Convention. Indonesia as a sovereign country has the full and exclusive right to regulate and secure airspace over its land and waters. However, the practice of violating airspace by foreign aircraft—both civilian and state—still occurs and raises questions about the effectiveness of national law enforcement and its harmonization with international law. This research uses normative juridical methods with legislative, conceptual, and case approaches. The results of the study show that normatively Indonesia already has an adequate legal basis through Law Number 1 of 2009 concerning Aviation and Government Regulation Number 4 of 2018 concerning the Security of the Airspace of the Republic of Indonesia, including the mechanism of interception and forced landing. However, in implementation, there are still obstacles in the form of limited surveillance systems, the lack of optimal integration of air defense, and diplomatic considerations for large countries. Therefore, strengthening air defense capacity and consistency of law enforcement are the main prerequisites for Indonesia's air sovereignty to be not only normative, but also factually effective.
Perbuatan Melawan Hukum Terhadap Pembongkaran Bangunan Atas Objek Sewa Menyewa Max Gilberth Emillio Veerman; Merry Tjoanda; Sarah Selfina Kuahaty
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.26054

Abstract

Acts against the law can be interpreted in Article 1365 of the Civil Code stated that "every act against the law that brings loss to others, obligating people because of their wrongdoing to cause losses that, compensates for these losses.” In this case Cam Larenissa violated Article 1365 of the Civil Code because he had taken action which harms other people who have done damage or demolition of stalls belonging to the second party, namely Wa Tati, without his knowledge and without asking permission from party I as the land owner, namely Daniel Sohilait. The research method used is normative legal research. There are three problem approaches used, namely the statutory approach, the conceptual approach and the case approach. Source of legal materials used are primary, secondary and tertiary legal materials. The results of the research include: (1) Building demolition carried out by a third party is an action included in the act against the law based on the provisions and elements contained in civil law; (2) Building demolition is mandatory provide compensation to parties who have been harmed as a form of The unlawful act in this case is compensation that must be borne by third parties, namely material and immaterial.
Dampak Pelanggaran Perjanjian Internasional Antara Negara Dan Organisasi Internasional Alex Sandro Tomio; Richard Marsilio Was; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.26240

Abstract

Indonesia is known as one of the world's largest nickel producers. The Indonesian government took a controversial step by implementing a ban on the export of raw nickel ore, effective January 1, 2020. This policy created new dynamics in the international trade system and sparked various debates regarding international law and its economic impact on the national economy. This research aims to examine diplomatic relations between countries and international organizations and to determine the legal implications if diplomatic relations between countries and international organizations are disrupted due to violations of international agreements. The method used in this research is normative juridical research, with conceptual, legislative, and case studies approaches. The results show that countries and international organizations are subjects of international law that can be bound by international agreements. If a violation of these agreements occurs, the violating country can be held accountable under international law through dispute resolution mechanisms available within the relevant international organization. In the case of Indonesia's nickel export ban, the dispute was resolved through the WTO dispute settlement mechanism, which assesses the compliance of national policies with the provisions of international trade agreements.
Ratifikasi Konvensi Jenewa 1949 Dalam Hukum Humaniter Internasional Adelle Constanza Pariela; Johanis Steny Franco Peilouw; Ekberth Vallen Noya
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.26270

Abstract

The Geneva Conventions 1949 are an international humanitarian law document that regulates the protection of war victims and forms the basis for states participating in international humanitarian law. On October 10, 2023, Israel attacked the area of ​​Al-Karama, a Palestinian people's group; this action violated the Geneva Convention 1949 for the Protection of Victims of War, one of the sources of IHL law. Through a review of the literature, primary, secondary, and tertiary data will be gathered and analyzed in this normative-juridical study. To shed light on the topics raised, the legal discipline analyzes this evidence qualitatively and compiles it in a methodical manner. The purpose of this essay is to evaluate the Geneva Convention 1949 as an instrument of international humanitarian law. The results of this study indicate that ratifying the Geneva Convention 1949 along with Additional Protocols I and II is not a state obligation. Although basically this is an obligation that cannot be ignored within the scope of HHI because it is one of the main sources of HHI law. The Geneva Conventions 1949 apply to all situations of war that are contained in the provisions of this convention. If there is a violation of the contents of the convention, the perpetrators of the crime can be held accountable as agents of the state, reparations and receive international sanctions and pressure.
Perlindungan Hukum Terhadap Debitur Dalam Penarikan Objek Jaminan Fidusia Secara Sepihak Jimmy Petra Latumanuwy; Adonia Ivone Laturete; Syadzwina Hindun Nabila
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.26442

Abstract

Protection of debtors regarding the withdrawal of fiduciary collateral objects cannot be carried out simply without proper legal processes, such as prior notification to the debtor and, if necessary, through the courts. Results: This study shows that the Procedure for Withdrawing Fiduciary Guarantee Objects is carried out by providing a warning letter to debtors who have experienced delays in installment payments, Legal Protection for Debtors in Withdrawing Fiduciary Guarantee Objects unilaterally should be regulated and in the credit agreement and it must be agreed that in the case of carrying out the execution of the fiduciary guarantee object, a decision letter must first be obtained from the court, so that when the creditor carries out the execution by force or unilaterally in this case if it is found that during the execution they have not obtained a decision letter from the court, the debtor may refuse or file a lawsuit with the court either civilly or criminally.
Tanggung Jawab Hukum Atas Produk Cacat Tersembunyi Penjualan Online Pada Marketplace Shopee Sheilva Syahputri Assagaf; Sarah Selfina Kuahaty; Marselo Valentino Giovani Pariela
PATTIMURA Law Study Review Vol 4 No 1 (2026): April 2026 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v4i1.26544

Abstract

Online buying and selling transactions have a higher risk than conventional buying and selling transactions. The risk of loss due to goods not arriving even though the shipping status has been completed or consumers who do not receive a refund to the wrong order number are examples of weaknesses in the online buying and selling transaction system. Another example that is most often encountered is hidden defective goods. This is because in online buying and selling, buyers cannot physically touch the goods purchased. Certainly, these incidents directly interfere with or injure consumer rights, especially the right to obtain accurate, clear information about the products offered. The purpose of this writing is to find out and explain the legal responsibility of traders for hidden defective products in the Shopee marketplace and to find out and explain the compensation given to consumers in the Shopee marketplace. The research method used is a normative legal research type. The problem approach used is the statutory approach and the conceptual approach. The legal materials used are primary, secondary and tertiary legal materials. The procedure for collecting legal materials through literature studies, which will be linked to legal facts and legal consequences so that they will be analyzed based on qualitative methods. The results of the study indicate that the seller's responsibility for hidden defective products is included in contractual liability. Civil liability based on agreements/contracts from companies and business actors (both goods/services) for losses experienced by consumers. While the compensation in question is in the form of a refund or replacement of goods and/or services of the same type or equivalent value, or health care and/or provision of compensation in accordance with the provisions of applicable laws and regulations. Compensation is carried out within a period of 7 days after the transaction date. Furthermore, consumers as regulated in the UUPK have the right to receive compensation, damages and/or replacement, if the goods and/or services received do not comply with the agreement or are not as they should be.