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PATRIOT
Published by Universitas Caritas Indonesia
ISSN : 19797087     EISSN : 28081064     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
PATRIOT is a journal published by Faculty of Law, Caritas Indonesia University twice a year in June, and December E-ISSN: 2808-1064 . PATRIOT is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: Indigenous and Local Knowledge; Civil Law; Criminal Law; Constitutional and Administrative Law; Customary Institution Law; Religious Jurisprudence Law; International Regime Law; Air and Space Law; Legal Pluralism Governance; and Another section related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
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Search results for , issue "Vol. 18 No. 2 (2025): Desember" : 7 Documents clear
IMPLIKASI HUKUM DAN KEBIJAKAN TERHADAP KASUS KERACUNAN MAKANAN DALAM PROGRAM MAKANAN BERGIZI GRATIS DI INDONESIA Imanuel Inriyanto Ruslak Hammar; Siria Silubun; Roberth Kurniawan Ruslak Hammar
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Universitas Caritas Indonesia

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Abstract

The Free Nutritious Food Program is an affirmative state policy aimed at improving the fulfillment of children's rights to adequate health and nutrition. However, in practice, this program has created serious problems, particularly related to food poisoning incidents in schools, reflecting weak oversight and law enforcement in the area of ​​food safety. This study aims to analyze the legal accountability of the state and local governments for food poisoning cases within the Free Nutritious Food Program, assess the adequacy of the national regulatory framework related to food safety and consumer protection, and examine the implications of public policy for protecting children's rights to health. The research method used is a normative juridical approach with a statutory and conceptual approach, through a literature review of primary, secondary, and tertiary legal materials. The results indicate that legal accountability for food poisoning incidents can be imposed through administrative, civil, and criminal proceedings, depending on the level of negligence and the resulting impact. Normatively, regulations in the area of ​​food safety and consumer protection are adequate, but their implementation still faces serious obstacles in the form of weak oversight, limited institutional capacity, and a lack of ongoing evaluation mechanisms. Therefore, the free nutritious food policy requires strengthening the integrated monitoring system, implementing the precautionary principle, and increasing state accountability to ensure maximum protection of children's rights to safe and nutritious food
PERLINDUNGAN HAK KEKAYAAN INTELEKTUAL SEBAGAI PENDORONG INOVASI DAN INDUSTRIALISASI BERBASIS KEBERLANJUTAN Carina Budi Siswani; Roberth Kurniawan Ruslak Hammar
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Universitas Caritas Indonesia

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This article examines the position of intellectual property rights (IPR) within the national legal framework as a mechanism to strengthen innovation and accelerate the process of industrialization aligned with the principles of sustainability. The discussion focuses on reinforcing the legal protection framework for creative works and technological discoveries in relation to the achievement of Sustainable Development Goal 9 (SDG 9), which emphasizes the importance of infrastructure development, inclusive industrial growth, and the enhancement of technological capacity. This study adopts a normative legal approach through literature review of statutory regulations, international legal instruments, and national policy frameworks from various jurisdictions. The findings reveal that the conceptualization of IPR must be broadened—from a solely protective mechanism to an integral component of the legal infrastructure for development. Institutional disparities, structural barriers, and limitations in legal access continue to obstruct the strategic role of IPR in many developing countries, including Indonesia. Accordingly, there is a pressing need for policy frameworks that are open, equitable in access, and responsive to the needs of informal-sector innovators. Legal protection for IPR must be coupled with principles of benefit-sharing and distributive justice in the governance of innovation outputs. These findings suggest the urgency of redesigning the national IPR system to substantively support sustainable development objectives.
ASPEK HUKUM TERHADAP INTERKONEKSI GIZI, KESEHATAN, DAN PENDIDIKAN: MEWUJUDKAN SDGS MELALUI KEBIJAKAN MAKANAN BERGIZI GRATIS DI SEKOLAH Imanuel Inriyanto Ruslak Hammar; Yunus Tekad Kurniadi Ruslak Hammar; Bernardus Horokubun
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Universitas Caritas Indonesia

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The provision of free healthy meals within school environments is one of the government’s policy measures aimed at strengthening the foundation of human resource quality from an early age, particularly at the elementary school level. This policy is rooted not only in social and public health imperatives but also carries significant legal dimensions, as it directly relates to the fulfillment of fundamental rights of citizens—especially the rights to food, healthcare, and quality education. This paper explores the legal framework underlying the interconnection between nutritional fulfillment, health conditions, and access to education within the context of the Sustainable Development Goals (SDGs), with a particular focus on Goal 2 (Zero Hunger) and Goal 4 (Quality Education). A normative juridical approach is employed to examine several regulations, including the 1945 Constitution, Law No. 36 of 2009 on Health, Law No. 18 of 2012 on Food, and Presidential Regulation No. 59 of 2017 concerning the implementation of the SDGs. The findings indicate that the provision of nutritious food free of charge represents a tangible manifestation of the state's role in fulfilling socio-economic rights within a legal state framework. However, its implementation remains hampered by institutional challenges, weak oversight mechanisms, and limited cross-sectoral coordination. Therefore, regulatory synergy across sectors is essential to ensure the inclusive and sustainable realization of the SDGs.
PERSELINGKUHAN DAN AKIBAT HUKUM DALAM PERSPEKTIF HUKUM ADAT ROON DI YENDE TELUK WONDAMA Billy Andre Tohatta; Prisilia Waropen; Wellem Hendra Balubun
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Universitas Caritas Indonesia

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The aim of the research is to determine the causes of infidelity and the legal consequences from the Perspective of Roon Customary Law in Yende, Teluk Wondama and to determine the Application of Sanctions to the Two Parties Who Have an Affair in the Perspective of Roon Customary Law in Yende, Teluk Wondama.This research was conducted empirically. Data sources obtained using primary data and secondary data. Data collection procedures were carried out by means of literature study and field research. Data analysis used in this research uses qualitative analysisThe research results show that (1) Factors that influence the occurrence of infidelity include disappointment, dissatisfaction in sexual life, insufficient financial needs, closeness to other friends, the influence of close friends, social media factors and the legal consequences of infidelity from Roon's Customary Law Perspective in Yende, Wondama Bay is given a customary sanction in the form of a customary fine which must be paid by the perpetrator of the affair (2) In the implementation of the customary sanction for the perpetrator of the affair, it is processed according to the customary law that applies in the Roon tribal community, namely by procedures that have been regulated by the Traditional Head (mananir) namely by holding a customary trial by paying customary fines in the form of babyak Rowena (goods), namely plates (Rosaser), sago trees (Ai Ran), boats (Wa). Apart from that, the party who commits the affair is also obliged to pay a customary fine to both families of the party who committed the affair, which is called paying shame money (pipi wewak mamuai) so that there is justice for both families of the perpetrator of the affair.
IMPLIKASI HUKUM PERJANJIAN ELEKTRONIK DALAM TRANSAKSI BISNIS DIGITAL DI ERA EKONOMI BERBASIS PLATFORM: ANALISIS TERHADAP VALIDITAS DAN RISIKO HUKUM Henrikus Renjaan
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Universitas Caritas Indonesia

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Advances in information technology have driven a shift from conventional digital-based transactions to electronic agreements (e-contracts). This phenomenon has created new dynamics in contract law practices, particularly in the realm of platform-based e-commerce platforms such as Tokopedia and Shopee. This study aims to analyze the validity and legal risks of e-contracts based on the provisions of the Civil Code and Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE), and to assess the effectiveness of legal protection for consumers and businesses. The method used is normative legal research with a regulatory, conceptual, and case-based approach. Data were qualitatively reviewed through literature and legal documents, and systematically analyzed based on classical contract theory and the principle of contractual justice. The results indicate that, from a formal legal perspective, e-contracts have binding force and guarantee compliance with the requirements for a valid agreement under Article 1320 of the Civil Code and the principles of the ITE Law. However, in practice, various legal issues are encountered, such as breach of contract, exclusion clauses, unequal positions of parties, and difficulties in providing evidence, which are detrimental to consumers. Digital platforms tend to position themselves as neutral parties, even though they play a crucial role in transaction mechanisms. Therefore, stricter regulations regarding platform responsibility, transparency of clauses, and strengthening of the settlement system through Online Dispute Resolution (ODR) mechanisms are needed. This study recommends improving digital legal literacy, reformulating electronic contract regulations, and equitable law enforcement as strategies for balanced legal protection in the digital economy era.
IMPLIKASI HUKUM INTERNASIONAL TERHADAP PEMUNGUTAN SUARA SISTEM NOKEN/IKAT DI PAPUA Yusty Foxdey Rahawarin
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Universitas Caritas Indonesia

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Abstract

The Noken/Ikat voting system reflects a recognition of Papuan traditions. This is important for maintaining cultural identity, but it needs to be aligned with appropriate legal regulations. The author uses a normative juridical approach, examining the application of rules or norms in positive law. The results of this paper: Voting using the Noken system has been legitimized by the Constitutional Court (MK) in Case Number 47-81/PHPU. A-VII/2009, which was then reinforced by regulations issued by the General Elections Commission (KPU), namely, General Elections Commission Decree Number 216 of 2024 concerning Amendments to General Elections Commission Decree Number 66 of 2024 concerning Technical Guidelines for the Implementation of Voting and Vote Counting in General Elections. Based on these regulations, the Noken/Ikat system is the result of "community agreement" or "acclamation." Recognition of indigenous peoples' rights to decision-making and political participation is regulated in Article 25 of the International Covenant on Civil and Political Rights (ICCPR), which was later ratified in Law of the Republic of Indonesia Number 12 of 2005. This regulation emphasizes the existence of two distinct entities: national law and customary law. In this context, the use of noken can be seen as a recognition of customary law operating alongside national law. Therefore, the state guarantees the right of everyone to participate in public affairs and to vote in free and fair elections. This includes recognizing voting methods appropriate to local culture. Therefore, elections using the noken system can support traditions and culture, increase public trust in the democratic electoral system, and enhance the political participation of indigenous peoples by ensuring that individual voices are properly represented and free from coercion.
MEWUJUDKAN MASYARAKAT DAMAI DAN INKLUSIF: ANALISIS IMPLEMENTASI TUJUAN PEMBANGUNAN BERKELANJUTAN (SDGS 16) DALAM KONTEKS HUKUM ADAT DI INDONESIA Roberth Kurniawan Ruslak Hammar; Agustinus Luturmas
PATRIOT Vol. 18 No. 2 (2025): Desember
Publisher : Universitas Caritas Indonesia

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This article examines the relevance of Sustainable Development Goal (SDG) 16, which emphasizes peace, justice, and strong institutions, in relation to the practice of customary law (hukum adat) in Indonesia. Employing a normative–juridical approach and the framework of legal pluralism, the study analyzes the role of customary law as a social instrument that safeguards harmony, provides access to justice, and strengthens local institutions. Case studies from indigenous communities in Papua, Maluku, and Kalimantan demonstrate that customary dispute resolution mechanisms—such as Pela Gandong, Bakar Batu, and Dayak ulayat rights—are effective in creating social reconciliation and maintaining community stability. The findings confirm that customary law is not merely a cultural heritage but also a crucial pillar of sustainable development. Consequently, formal state recognition of customary institutions is essential to support the achievement of the 2030 SDGs, particularly in realizing a peaceful, inclusive, and just society.

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