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[Implication Of Protection And Fulfillment Of Women's Political Rights Through Affirmative Action Policy ]]>
<![CDATA[Nur Asikin]]>
<![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.v1i2.95
<![CDATA[One group of citizens who because of the conditions require special treatment is women. Without special treatment or affirmative action, women will not be able to access the protection and fulfillment of their constitutional rights because of the differences and distinctions generated and perpetuated by the structure of patriarchal society. The protection and fulfillment of constitutional rights without special treatment will tend to maintain discrimination against women and unable to achieve justice]]>
<![CDATA[Extradition In Criminal Justice System Related To Foreign Jurisdiction ]]>
<![CDATA[Jan Samuel Maringka]]>
<![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.v1i2.90
<![CDATA[On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.]]>
<![CDATA[The Principles Of Liability On Telemedicine Practices ]]>
<![CDATA[Arman Anwar]]>
<![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.v1i1.6
<![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[Philosophical Establishment Of Regional Regulations Based On Regional Characteristics ]]>
<![CDATA[Victor Juzuf Sedubun]]>
<![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.v5i1.476
<![CDATA[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.]]>
<![CDATA[Monopoly of State-Owned Enterprise of Social Justice ]]>
<![CDATA[Rory Jeff Akyuwen]]>
<![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.v1i2.91
<![CDATA[The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.]]>
<![CDATA[Natural Resource Management Problems Of Coastal Areas And Small Islands In The Aru Island ]]>
<![CDATA[Jantje Tjiptabudy]]>;
<![CDATA[Revency Vania Rugebregt]]>;
<![CDATA[S. S. Alfons]]>;
<![CDATA[Adonia I. Laturette]]>;
<![CDATA[Vica J. E. Saiya]]>
<![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.v1i1.7
<![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[The Legal Politics of Recall Right of Political Parties Relevance with the System of Popular Sovereignty In Dynamics of the Constitution of Indonesia ]]>
<![CDATA[Malicia Evendia]]>;
<![CDATA[Armen Yasir]]>;
<![CDATA[Yulia Neta]]>;
<![CDATA[Ade Arif Firmansyah]]>
<![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.v5i1.477
<![CDATA[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.]]>
<![CDATA[Legal Protection For Buyers Condotel Affected Pandemics Covid-19 ]]>
<![CDATA[Suwardi Suwardi]]>;
<![CDATA[Rossa Ilma Silfiah]]>
<![CDATA[ Pattimura Law Journal VOLUME 6 ISSUE 2, MARCH 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v6i2.950
<![CDATA[Providing legal protection for buyers condotel as consumers from developers so legal aspects transition trading should be understood by the buyers as consumers. In the process of the buying and selling of fixed objects such as land, the house, apartment or other property often do we hear terms of agreement? How legal protection for buyers through a binding agreement trading condotel? Methods used in in writing this is normative, referring to act- act which is, law no. 1 year 2020 about flat. In general the contents of a binding agreement trading is the agreement a seller to fastens self will sell them to buyer and accompanied the provision of a sign so or money the based on the agreement. Generally a binding agreement of sale made under the mighty hand for some reason certain as the payment of a price has not been settled. In a binding agreement trading load the deal-agreement about the object promised, the price, when time acquittal and he made certificate trading. For reasons of practicality and a binding agreement trading prepared by the developer or power law (legal officer) a default when binding agreement signed trading, usually a potential buyer given the opportunity to read and studies draft a binding agreement buying and selling beforehand with guided officer readers a binding agreement buying and selling from developers.]]>
<![CDATA[A Problematic Issue Of Child Marriage In The Sea Tribe (Suku Laut) In Lipan Island at Lingga Regency ]]>
<![CDATA[Winsherly Tan]]>
<![CDATA[ Pattimura Law Journal VOLUME 6 ISSUE 2, MARCH 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v6i2.946
<![CDATA[Child marriage is one of the issues that occurred in Indonesia, especially in the Sea Tribe (Suku Laut) community in Lipan Island, Lingga Regency of the Riau Islands Province. Indonesia has a regulation that governs child protection and marriage. This study aimed at, firstly, analyzing the effectiveness of implementing laws on marriage in the Sea Tribe people in Lipan Island. Secondly, it aimed at analysing the impacts of the child marriage practices. The method used in this study was an empirical legal research. The source of data was derived from primary and secondary data. Two (2) legal theories were adopted to analyse the research problems were the Legal Effectiveness Theory by Soerjono Soekanto and the Theory of Legal Protection by Muchsin. The result showed that the implementation of laws on marriage was not effective. The impact caused by a child marriage is the violation of children’s rights in the health and education sectors. Therefore, a revision against Law Number 16 of 2019 concerning Marriage is required, in addition to the improvement of education educational quality for Sea Tribe people in Lipan Island. ]]>
<![CDATA[Fair Legal Certainty In The Implementation Of International Arbitration Awards (A Socio Legal Study) ]]>
<![CDATA[Sultan Fauzan Hanif]]>;
<![CDATA[Rully Faradhila Ariani]]>
<![CDATA[ Pattimura Law Journal VOLUME 6 ISSUE 2, MARCH 2022 ]]>
Publisher : <![CDATA[Faculty of Law, Pattimura University ]]>
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DOI: 10.47268/palau.v6i2.947
<![CDATA[Arbitration is a method of resolving civil disputes other than in a general court based on an arbitration agreement and made in writing by the disputing parties. For international arbitral awards, there are several requirements that must be met before the decision can be applied for execution and obtain an exequatur in Indonesia, one of which is that the decision does not conflict with public order. However, in several court decisions in Indonesia, this requirement became one of the judges' arguments against the implementation of the decision. The questions in this study are (i) what are the judges' considerations in rejecting the application for the exequatur of an international arbitral award? And (ii) what are the legal implications governing the implementation of international arbitral awards in realizing fair legal certainty? The research method used is the socio-legal method. The results show that the judge's legal considerations regarding what is meant by “public order” among judges also vary. In addition, several articles in Law no. 30 of 1999 is the base of uncertainty regarding the implementation of the international arbitration award in Indonesia which has implications for the collapse of legal certainty in the implementation of the international arbitration award.]]>
