PATTIMURA Law Study Review
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.
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206 Documents
<![CDATA[Penegakan Hukum Administrasi Terhadap Reklamasi Pesisir Pantai Kota Ambon ]]>
<![CDATA[Verlinando Tuhumena]]>;
<![CDATA[Victor Juzuf Sedubun]]>;
<![CDATA[Miracle Soplanit]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10907
<![CDATA[ABSTRACT: Coastal reclamation is an example of human efforts to respond to limited land in urban areas as happened in Ambon City. In subsequent developments, the site was used for the construction of urban and banking facilities. The beach reclamation process has not actually been carried out properly so there are fears of negative impacts such as flooding, sedimentation. Changes in current patterns have not been identified, more and more material is washed away, resulting in silting of the waters and if this continues it will threaten the coastal ecosystem. The purpose of this study was to analyze and discuss whether the reclamation carried out on the coast of Ambon City had an impact on environmental damage and how Administrative Law enforcement on reclamation had an impact on environmental damage. The research method used was normative juridical research. The legal materials used are primary, secondary and tertiary legal materials. The results of this study need strict rules from the government from parties that have authority in dealing with beach reclamation issues carried out by certain parties.]]>
<![CDATA[Tindakan Polisi Merazia Warga Masyarakat Yang Tidak Menggunakan Masker Dengan Rotan (Pecut) Saat Covid-19 Di Kota Ambon ]]>
<![CDATA[Pius Khrisna Eka Putra Naimena]]>;
<![CDATA[Hendry John Piris]]>;
<![CDATA[Muhammad Irham]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10908
<![CDATA[enforcement so that the actions of these officers violate the police professional code of ethics states that members of the National Police are prohibited from behaving and acting arbitrarily. Formulate the issue of whether the police have the authority to conduct raids and whether the actions of the police using rattan are in accordance with SOPs. The purpose is to review the authority of the police to raid residents who do not use masks during Covid-19 and find out the actions of the Police using rattan in accordance with applicable SOPs in raiding residents during Covid-19. Method of usingnormative juridical law research. By using a statutory approach and a conceptual approach. The legal material is divided into three; Primary legal materials are in the form of other official laws / regulations, secondary legal materials are books and other literature and tertiary legal materials are dictionaries and encyclopedias. Collection of legal materials using literature studies. Management and Analysis of this research is qualitative analysis. The results of the study identified that police law enforcement is regulated in the National Police Law, the police statutory authority is regulated in Law No. 2 of 2002 concerning the National Police, namely maintaining public order, upholding the law, providing protection, protection and community services. Police have procedures including; Appeal to officers so that actions in the field are humanely persuasive, Do not take repressive but humanist actions, Take action against people who do not follow procedures in order to invite and give appeals to the community. Law enforcement raiding residents who do not wear masks with rattan is concluded by the police not in accordance with the rules or sanctions referred to under Perwali Ambon No. 25 of 2020 article 11 in carrying out police actions should not use repressive measures but humanely persuasive in accordance with the direction of the procedure.]]>
<![CDATA[Tanggung Jawab Pemerintah Daerah Terhadap Pekerja Anak ]]>
<![CDATA[Doni Natar]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Ronny Soplantila]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10909
<![CDATA[ABSTRACT: Child labor is an important and complex issue in many countries, including Indonesia. The responsibility of local government in protecting the rights and welfare of child workers is a major concern. This study aims to analyze the considerations that must be made by local governments in addressing the problem of child labour. Local government can play a significant role in protecting the rights and welfare of child workers. These steps need to be supported by strong political commitment, adequate resource allocation, and synergy between all relevant stakeholders. The results of the research show that local governments have an important responsibility in protecting child labour. The consideration that must be made by the local government is to ensure that there is effective supervision in protecting child workers. This involves close monitoring of industries that have the potential to employ children, as well as strict law enforcement against violations of child labor rights and local governments must also adopt clear policies and regulations to protect child labour. This involves drafting regulations that limit access and prohibit child labor in hazardous industries, as well as providing protection and access to education and health.]]>
<![CDATA[Tanah Ulayat Dalam Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum ]]>
<![CDATA[Aquinta Welly Wenno]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Jenny Kristiana Matuankotta]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10910
<![CDATA[ABSTRACT: Land acquisition is the act of transferring land by paying proper and fair compensation to the rightful party. The problems of indigenous peoples regarding the use of their customary lands are used for the development of public interests and should have an important role in the procurement process up to the compensation they must receive as a form of legal protection. Realization of development land acquisition for public interest and its implementation stages are guided by Government Regulation Number 19 of 2021 concerning Land Procurement for Public Interest. The government has the authority to organize land acquisition for development in the public interest. This research is to answer the problems of indigenous peoples regarding the use of their customary land which is used for the development of public interests and should primary, secondary and tertiary legal materials. The results of this study indicate that the realization of development land have an important role in the procurement process up to the compensation they must receive as a form of legal protection. Which uses a normative-juridical method with the Statute Approach approach. , and Conceptual Approach as well as using acquisition for the public interest and the stages of its implementation are guided by Government Regulation Number 19 of 2021.]]>
<![CDATA[Pertanggungjawaban Pidana Pengguna Anggaran Makan Dan Minum (Studi Putusan MA RI No 832 K/Pid.Sus/2017) ]]>
<![CDATA[Annisyah Sahaya Ahmad]]>;
<![CDATA[Elsa Rina Maya Toule]]>;
<![CDATA[Jacob Hattu]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.11073
<![CDATA[ABSTRACT : This study discusses the legal arrangements regarding the procurement of goods and services in relation to criminal acts of corruption and the criminal responsibility of perpetrators of corruption in these cases. Purposes of the research to analyze and discuss legal arrangements regarding procurement of goods and services in relation to criminal acts of corruption and to explain criminal responsibility for perpetrators of corruption in the procurement of food and drink budgets for Members of the DPRD Kota Tual for the 2010 Fiscal Year in terms of the PTPK Law. The research method used is normative juridical research. In this study, three approaches to the problem are used, namely the statutory approach, the conceptual approach, and the case approach. Sources of data obtained are primary legal materials and secondary legal materials. The technique of collecting legal materials uses the literature study method. All data in this study were analyzed qualitatively. The results of this study indicate that, legal arrangements related to the procurement of goods and services function to regulate and know procedures/procedures for good and correct implementation. The element against the law is one of the parameters in determining personal responsibility for personal mistakes committed by perpetrators. The perpetrators of corruption in this case have fulfilled the elements of the indictment charged by the Public Prosecutor and therefore the perpetrators must be held accountable for their actions. The judge's legal considerations were in accordance with the existing rules by considering aggravating circumstances as well as mitigating circumstances based on the legal facts found during the trial.]]>
<![CDATA[Pengambilan Rekaman dan Penyebaran Potongan Film Tanpa Hak ]]>
<![CDATA[Victoria Bianca Uruilal]]>;
<![CDATA[Rory Jeff Akyuwen]]>;
<![CDATA[Agustina Balik]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.11172
<![CDATA[ABSTRACT: Film is one type of cinematographic work, where cinematographic work itself is a creation protected by Law Number 28 of 2014 concerning Copyright in Article 40 paragraph (1) letter (m). However, in reality, there is an act of taking footage and distributing film cuts without rights carried out when someone watches a movie in a theater and uploads it on social media and gets economic benefits from the upload of the film cut. While clearly stated in the Copyright Act, which explains that creators and copyright holders have economic rights (Article 9) and moral rights (Article 5) to the creations they make, This right is only owned by creators and copyright holders; others are required to obtain permission. This research is normative juridical research conducted with a statutory approach, a conceptual approach, and primary, secondary, and tertiary legal sources. The act of taking footage and distributing film cuts without rights is part of commercial activities that benefit not the creators and copyright holders of copyright. If Article 43 letter (d) of Law Number 28 of 2014 concerning copyright is reversed, then it is an offense that violates Moral Rights in Article 5 and Economic Rights in Article 9. As for the violation being part of the tort, then the act of taking footage and dissemination of film cuts without rights has been contrary to the Civil Code in Article 1365, which is entitled to be held accountable on the basis of the element of fault, and the form of liability is compensation, both in the form of material and immaterial.]]>
<![CDATA[Pelanggaran Perjanjian Internasional Secara Diam-Diam Dan Akibat Hukumnya ]]>
<![CDATA[Filianthino Eurico Wattimena]]>;
<![CDATA[Josina Agustina Yvonne Wattimena]]>;
<![CDATA[Welly Angela Riry]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11428
<![CDATA[International agreements play a very important role in regulating relations and life between countries. Indonesia is one of the countries that made a bilateral agreement with Australia regarding the regulation of traditional fisheries rights through the 1974 MoU Box agreement. However, in reality, in implementing its traditional fisheries rights, problems were found in the form of obstacles caused by unilateral violations by Australia of the agreement contained in the contents of the MoU Box. . The research method used in the research is normative juridical, using a research approach, namely the statutory approach, concept approach and case approach. The results of the research show that in fact violations of the agreement between Indonesia and Australia occurred secretly by Australia. Proof of the violations committed by Australia was the issuance of the 1981 MoU which canceled the 1974 MoU which previously determined the fishing area from 12 miles to 200 miles. The changes to the agreement were not notified to Indonesia as one of the countries that made an agreement with Australia. The legal consequence that arises is that traditional fishermen whose rights are recognized in UNCLOS 1982 can no longer fish in this area, because Australia has unilaterally designated this area as a conservation area. Indonesia will also consider Australia as a country that is inconsistent in implementing bilateral agreements between the two countries regarding the recognition of the traditional rights of fishermen and this will have an impact on diplomatic relations between the two countries.]]>
<![CDATA[Tinjauan Perjanjian Internasional Terhadap Kerja Sama Mikro ]]>
<![CDATA[Ezra Raphael Timotius]]>;
<![CDATA[Popi Tuhulele]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11775
<![CDATA[International Treaties are sources of international law that have the basis of international legal force. Countries in the Southeast Asian region agreed to create a safe and peaceful atmosphere for the region by forming an organization called ASEAN. ASEAN formed the ASEAN Economic Community (AEC) which is a form of economic integration in the Southeast Asian region. AEC aims to assist ASEAN integration through AEC (ASEAN Economic Community). Each ASEAN member country pays attention to strategies, policies for the empowerment of MSMEs, including in Indonesia. The purpose of the study is to analyze and know about ASEAN cooperation, especially AEC in Micro Cooperation (MSMEs) in ASEAN and to analyze and find out the implementation of MSME micro cooperation agreements implemented in Indonesia. This research method used is normative juridical. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials are primary, secondary, and tertiary. Collection of legal materials using literature studies. Furthermore, the analysis of legal materials on MSME trade, ASEAN, and their relationships in International Agreements is analyzed and processed systematically so that the results are expected to answer this research problem. The results of the study found that the AEC cooperation relationship has a positive impact on MSME microeconomic cooperation in ASEAN. The presence of AEC is the basis and legal basis, important for MSME microeconomic cooperation. The implementation of the AEC cooperation agreement for Indonesian MSMEs has been going well, but there are still several obstacles that need to be overcome. These problems are related to funding, availability of natural resources, and lack of human resources. These things are still a challenge for Indonesia in competing with other countries.]]>
<![CDATA[Tanggungjawab Negara Terhadap Pelanggaran Hak Asasi Manusia Berat ]]>
<![CDATA[Alessandro Willem Selfiano Everhard Kuhuparuw]]>;
<![CDATA[Lucia Charlota Octavina Tahamata]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11777
<![CDATA[Gross human rights violations have been regulated in Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts. But in reality, gross human rights violations still occur in Indonesia, one of which occurred in South Aceh known as the Jambo Keupok tragedy. The Jambo Keupok tragedy began with information conveyed by an informant to TNI members that Jambo Keupok Village became the base of the Free Aceh Movement (FAM). International law has provided a solid foundation for effective punishment of perpetrators gross violations of human rights, among others Article 4 of the Convention Against Torture and Other Cruel; In Human or Degrading Treatment or Punishment and According to Article 17 paragraph (1) of the Rome Statute of 1998, the government's responsibility regarding gross human rights violations in Jambo Keupok Aceh proceeded very slowly. This is influenced by 2 main things, namely: there is no official recognition in the Indonesian government that the event was a gross human rights violation and the second because of the Aceh tsunami disaster. After the Aceh tsunami, the Indonesian government has carried out reconciliation. Finally, in 2023, the Government of Indonesia, in this case, President Jokowidodo has determined that the Jambo Keupok Aceh incident is a gross human rights violation.]]>
<![CDATA[Embargo Terhadap Negara Dalam Keadaan Darurat Dan Pemenuhan Hak Asasi Manusia ]]>
<![CDATA[Marthin Ellon Hattu]]>;
<![CDATA[Popi Tuhulele]]>;
<![CDATA[Richard Marsilio Waas]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i2.11778
<![CDATA[An embargo is an international legal sanction in the form of prohibiting or restricting the import and export of goods or services between countries. This is triggered by conflicts made by a country where some embargo countries hope that this embargo policy can force other countries to want to jointly resolve conflicts that occur in a country that makes conflicts, The armed conflict that occurred in Syria under the Al-Assad regime caused many Syrians to be tortured and killed for demanding reforms, so that America and European Union countries implemented and imposed sanctions embargoes on the Syrian government. Article 41 of the Charter of the United Nations authorizes the UN Security Council to implement nonmilitary measures, including embargoes, in an effort to maintain or restore international peace and security. The purpose of this study is to analyze and determine the treatment of embargoes on countries in emergencies that can be qualified as violations and determine the legal impact of embargoes on the fulfillment of human rights, The research method used by the author is normative law using statutory, conceptual and case approaches. The results of this study show that the use of Embargo sanctions against countries in emergencies qualifies as a violation of human rights, because it can worsen the condition of civil society and also the embargo in an emergency has violated the provisions of international law in the Universal Declaration of Human Rights of 1948 which in that provision explains the inherent rights of human beings.]]>
