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Pattimura Law Journal
Published by Universitas Pattimura
ISSN : 25277308     EISSN : 25277316     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Environmental Law, adat law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
 1 
Search results for , issue "VOLUME 5 ISSUE 1, SEPTEMBER 2020" : 3 Documents clear
The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan Haris Retno Susmiyati; Rahmawati Al-Hidayah
Pattimura Law Journal VOLUME 5 ISSUE 1, SEPTEMBER 2020
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palau.v5i1.478

Abstract

The effort of fulfillment over people's food is a constitutional obligation of the State.  The development of an increasingly large population can threaten the existence of the tropical wet forest area when opening the land needs of food became imperative. As was the case in East Kalimantan, the area of food land is diminishing because over the function of the land are massive for coal mining and palm oil plantations. This will bring up the feared conditions insistence to open forest areas to agricultural land of food.  The Central Government has the authority to make the national policy while the local government is based on the provisions of Division of the authority of Government, have the authority to make policies related to land protection food crop sector ongoing in the area. This article would like to know (1) How is the legal content in the regulation regarding the protection of sustainable food crop lands at the national level; and (2) how is regional can make a regulation of the protection sustainable food crop lands. The method is used the legal research of normative, as well as by the method of analysis is  analytic descriptive. Based on the results of the study it was concluded that the regulation of sustainable food crops land protection at the national level has been set in full, but the content of legal protection, there is a weakness in political designation, which allows agricultural lands sustainable food converted as long as there is not determination as a sustainable agricultural lands. In other words, the provision in The Law No 41 Of 2009 On The Protection Of Land For Sustainable Food  Plantation, but in substance precisely open up opportunities for the occurrence over the function of the land. there is a regulation on the region level regarding legal protection one of them the Regional Regulation No 1 Of 2013 On The Protection Of Sustainable Agricultural Lands, but contain elements of weakness that requires a determination of the agricultural lands before protection While official functionary who is not determination agricultural location does not get strict sanctions. This is a weakness for the agricultural land which has not been established, although physically it is the agricultural land of food, but because there is no designation then will not be affordable by the regulation of the area.  
Philosophical Establishment Of Regional Regulations Based On Regional Characteristics Victor Juzuf Sedubun
Pattimura Law Journal VOLUME 5 ISSUE 1, SEPTEMBER 2020
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palau.v5i1.476

Abstract

Article 18B The 1945 Constitution of the Republic of Indonesia recognizes and respects the traditional rights of indigenous community. Article Number 14 of Law Number 12 Year 2011 in conjunction with  Article Number 236 paragraph four (4) of Law Number 23 Year 2014 guarantees the formation of Regional Regulations based on regional characteristic. It is a normative research, using the approach of legislation and conceptual approach. It is necessary to amend Law No. 23 of 2014, especially in relation to the formation of Regional Regulations based on regional characteristics. Law Number 32 Year 2004 along with its implementing regulations and Law Number 23 Year 2014 do not specify the rules for the establishment of Regional Regulations based on regional characteristics.
The Legal Politics of Recall Right of Political Parties Relevance with the System of Popular Sovereignty In Dynamics of the Constitution of Indonesia Malicia Evendia; Armen Yasir; Yulia Neta; Ade Arif Firmansyah
Pattimura Law Journal VOLUME 5 ISSUE 1, SEPTEMBER 2020
Publisher : Faculty of Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palau.v5i1.477

Abstract

The existence of regulation of recall rights of political parties as regulated in Law No. 17 of 2014 and Law No. 2 of 2008 bring a great influence on the position of legislative members. Based on these rules, legislators may be dismissed from their positions if proposed by Political Party. This certainly brings a polemic for the people as the sovereign owner, who have chosen their representatives through the electoral process, but when chosen representatives of the people can be dismissed from his position by a political parties through the mechanism of the right of recall. This research was done by doctrinal method approach as well as the use of the statute, historical, and conceptual approach. This results showed that the legal politics of recall right of political parties is actually only used as an instrument of the political parties in controlling its members in parliament in order to always adhere to the party's policy direction. This makes the recall right political party is legal products that characterized conservative or orthodox. The existence of a political party's recall rights order gives a great authority to the political parties to negate the result of the people's choice as the holder of sovereignty for the sake of the political party. The function of political parties as a means of political recruitment in the process of filling political office in this case as members of the legislature, should have been completed after the people chose their representatives through electoral mechanisms. Therefore, it is necessary for the reconstruction of the ideal and relevant recall rights arrangement to the people's sovereignty.

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