Pattimura Law Journal
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.
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<![CDATA[EFFECTIVENESS OF IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) IN THE ENVIRONMENTAL LAW ENFORCEMENT ]]>
<![CDATA[Irwansyah, Irwansyah]]>;
<![CDATA[Gianto, Gianto]]>;
<![CDATA[Syahwia, Andi]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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<![CDATA[Development in Indonesia refers to the concept of sustainable development (sustainable development) and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility (Cooperate Social Responsibility) is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . Through Law No. 40 Year 2007 regarding Limited Liability Company , specifically in Article 74, in response to the action of the business world to social and environmental causes damages to society . But in application / CSR implementation will be undertaken by the company is not maximized with implications for the enforcement of environmental law.]]>
<![CDATA[IMPLEMENTATION OF LAW NUMBER 11 OF 2012 CONCERNING CHILD RELATED CRIMINAL JUSTICE SYSTEM CONCEPT RESTORATIVE JUSTICE ]]>
<![CDATA[Karangan, Intan]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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<![CDATA[This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.]]>
<![CDATA[THE PRINCIPLES OF LIABILITY ON TELEMEDICINE PRACTICES ]]>
<![CDATA[Anwar, Arman]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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<![CDATA[This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1) of the 1945 Constitution and Article 5 (1) of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3) BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP) or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability), feasibility and appropriateness (fair and reasionableness). Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good).]]>
<![CDATA[NATURAL RESOURCE MANAGEMENT PROBLEMS OF COASTAL AREAS AND SMALL ISLANDS IN THE ARU ISLAND ]]>
<![CDATA[Tjiptabudy, Jantje]]>;
<![CDATA[Rugebregt, Revency Vania]]>;
<![CDATA[Alfons, S. S.]]>;
<![CDATA[Laturette, Adonia I.]]>;
<![CDATA[Saiya, Vica J. E.]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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<![CDATA[On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licenses natural resources management provided by the government to investors who want control over land in this region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.]]>
<![CDATA[APPLICATION OF THE MIRANDA PRINCIPLE IN TERMS OF PRESENTING THE LEGAL COUNSEL FOR CRIMINAL SUSPECTS IN INDONESIA ]]>
<![CDATA[Kafrawi, Moch Faisal]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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<![CDATA[This study was to determine how the application Miranda Principle in Indonesian legislation system and to find out how its implementation by law enforcement officials. Research conducted qualitatively by focus on a library study with approach of primary legal materials and secondary law. The results showed that in Indonesia, Miranda Principle set in several chapters: chapters 54, 55, 56 paragraph (1) and Article 114 Criminal Procedure Code. But in practice in some cases is still less than the maximum, especially in terms of presenting legal counsel for justice seekers who can not afford in this case the suspect / defendant.]]>
<![CDATA[LAW ENFORCEMENT AGAINST FIGHTING GROUP BY NATIVE IN WEST PAPUA ]]>
<![CDATA[Ratih, Irna Indira]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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<![CDATA[The fundamental research conducted by looking at the phenomenon of group fights and how ethnocentrism and conflict influence each other indigenous ethnic groups in West Papua. This study used descriptive qualitative method, through field studies (in-depth interviews) and literature study. The results showed that with a low level of understanding of the history of the conflict supported ever experienced by the perpetrators of communication, there is a trend of negative information transformation process to be effective. So as to absorb the negative information, aspects of ethnocentrism group members appear. The emergence of these aspects lead to the awareness and solidarity groups to join forces in-group. Other findings also showed that the factors causing conflict among indigenous ethnic groups in West Papua can be summarized in two points, namely; The first tendency puts another group at a level lower social interaction, and the second is the attempt appointment of existence itself by an ethnic group seeking recognition coupled behavior (respect) from inside and outside the group by scapegoating other groups. In the indigenous ethnic group communication, attitude and behavior aspects play a role in the formation of a negative message, based on the main factors. The tendency of formation of the group because of its frequency along the occurring hereditary. Related conflict and ethnocentrism, can be drawn that the results of the analysis found the substance also major causal relationship. Where, a communal conflict can result from the manifestation of ethnocentrism aspects into forms of behavior conflict. In contrast with the presence of conflict can also strengthen or weaken ethnocentrism.]]>
<![CDATA[Application Of The Miranda Principle In Terms Of Presenting The Legal Counsel For Criminal Suspects In Indonesia ]]>
<![CDATA[Moch Faisal Kafrawi]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v1i1.8
<![CDATA[This study was to determine how the application Miranda Principle in Indonesian legislation system and to find out how its implementation by law enforcement officials. Research conducted qualitatively by focus on a library study with approach of primary legal materials and secondary law. The results showed that in Indonesia, Miranda Principle set in several chapters: chapters 54, 55, 56 paragraph (1) and Article 114 Criminal Procedure Code. But in practice in some cases is still less than the maximum, especially in terms of presenting legal counsel for justice seekers who can not afford in this case the suspect / defendant.]]>
<![CDATA[Law Enforcement Against Fighting Group By Native In West Papua ]]>
<![CDATA[Irna Indira Ratih]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v1i1.9
<![CDATA[The fundamental research conducted by looking at the phenomenon of group fights and how ethnocentrism and conflict influence each other indigenous ethnic groups in West Papua. This study used descriptive qualitative method, through field studies (in-depth interviews) and literature study. The results showed that with a low level of understanding of the history of the conflict supported ever experienced by the perpetrators of communication, there is a trend of negative information transformation process to be effective. So as to absorb the negative information, aspects of ethnocentrism group members appear. The emergence of these aspects lead to the awareness and solidarity groups to join forces in-group. Other findings also showed that the factors causing conflict among indigenous ethnic groups in West Papua can be summarized in two points, namely; The first tendency puts another group at a level lower social interaction, and the second is the attempt appointment of existence itself by an ethnic group seeking recognition coupled behavior (respect) from inside and outside the group by scapegoating other groups. In the indigenous ethnic group communication, attitude and behavior aspects play a role in the formation of a negative message, based on the main factors. The tendency of formation of the group because of its frequency along the occurring hereditary. Related conflict and ethnocentrism, can be drawn that the results of the analysis found the substance also major causal relationship. Where, a communal conflict can result from the manifestation of ethnocentrism aspects into forms of behavior conflict. In contrast with the presence of conflict can also strengthen or weaken ethnocentrism.]]>
<![CDATA[Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice ]]>
<![CDATA[Intan Karangan]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v1i1.10
<![CDATA[This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.]]>
<![CDATA[Effectiveness Of Implementation Of Corporate Social Responsibility (CSR) In The Environmental Law Enforcement ]]>
<![CDATA[Irwansyah Irwansyah]]>;
<![CDATA[Gianto Gianto]]>;
<![CDATA[Andi Syahwia]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v1i1.5
<![CDATA[Development in Indonesia refers to the concept of sustainable development (sustainable development) and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility (Cooperate Social Responsibility) is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . Through Law No. 40 Year 2007 regarding Limited Liability Company , specifically in Article 74, in response to the action of the business world to social and environmental causes damages to society . But in application / CSR implementation will be undertaken by the company is not maximized with implications for the enforcement of environmental law.]]>
