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.
Articles
32 Documents
<![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[ULAYAT RIGHT OF CUSTOMARY LAW COMMUNITY ]]>
<![CDATA[Laturette, Adonia Ivonne]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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<![CDATA[Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land. Ulayat Land is a plot of land that belongs to a group of people in a region. Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State. The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations. Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights. The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.]]>
<![CDATA[Constitutional Basis for the Civil Rights of Illegitimate Children ]]>
<![CDATA[Bernadeta Resti Nurhayati]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v1i2.92
<![CDATA[The specification of children into "legitimate children" and "illegitimate children" is well-known legally and socially. Illegitimate children suffer discrimination because of their status. In law, they only have their mothers and mother's family. Although there has been a Constitutional Court Decision No. 046 / PUU-VIII / 2010, but it does not automatically raise the dignity of illegitimate children. On the other hand Law No. 24 of 2014 has made the children who were not born from a marriage by religion lose their rights to be recognized. This paper was aimed to find the constitutional basis for the civil rights of illegitimate children as the basis to provide the civil rights for illegitimate children so that their civil rights are protected.The method used in this paper was normative.Based on the review, there is a constitutional basis to provide the protection to the civil rights of illegitimate children.]]>
<![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[The Legal Protection of Agricultural Land Sustainable Food in Mining Coal Area of East Kalimantan ]]>
<![CDATA[Haris Retno Susmiyati]]>;
<![CDATA[Rahmawati Al-Hidayah]]>
<![CDATA[ Pattimura Law Journal VOLUME 5 ISSUE 1, SEPTEMBER 2020 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v5i1.478
<![CDATA[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. ]]>
<![CDATA[Ulayat Right of Customary Law Community ]]>
<![CDATA[Adonia Ivonne Laturette]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v1i2.93
<![CDATA[Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land. Ulayat Land is a plot of land that belongs to a group of people in a region. Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State. The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations. Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights. The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.]]>
<![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[Counter Measures Criminal Act Of Narcotics ]]>
<![CDATA[Mohammad Arief Amrullah]]>;
<![CDATA[Revency Vania Rugebregt]]>
<![CDATA[ Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v1i2.94
<![CDATA[Narcotics crimes that are part of organized crime are essentially one of crimes against development and crimes against social welfare that are central to national and international concerns and concerns. It is very reasonable, given the scope and dimensions so vast, that its activities contain features as organized crime, white-collar crime, corporate crime, and transnational crime. In fact, by means of technology can be one form of cyber crime. Based on such characteristics, the impacts and casualties are also very wide for the development and welfare of the community. It can even weaken national resilience.]]>
<![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.]]>
