PAMALI: Pattimura Magister Law Review
PAMALI: Pattimura Magister Law Review will publish the only paper strictly following guidelines and manuscript preparation. All submitted manuscripts are going through a double-blind peer review process. Those papers are read by editorial members (upon field of specialization) and will be screened by Managing Editor to meet necessary criteria of publication in two weeks. Every submitted manuscript which passes this step will be checked by Plagiarism Checker X to identify any plagiarism. Manuscripts will be sent to two reviewers, based on their historical experience in reviewing manuscript or based on their field of specialisation. The time period for review is three weeks. PAMALI: Pattimura Magister Law Review has reviewing forms in order to keep same items reviewed by two reviewers. Then editorial board will make a decision upon the reviewers comments or advice. Reviewers will give their assessment on originality, clarity of presentation, contribution to the field/science. The scope of the articles contained in this journal discusses various topics in the areas of Criminal Law Civil Law Constitutional Law International Law Administrative Law Environmental Law Customary Law and other parts related to contemporary issues in the field of law.
Articles
37 Documents
<![CDATA[Analisis Kritis Terhadap Daya Batas Asas Kebebasan Berkontrak Dalam Kitab Undang-Undang Hukum Perdata ]]>
<![CDATA[Herman Herman]]>;
<![CDATA[Heri Tahir]]>;
<![CDATA[Ririn Nurfaathirany Heri]]>;
<![CDATA[Firmansyah Firmansyah]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 1 (2022): VOLUME 2 NOMOR 1, MARET 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i1.819
<![CDATA[Introduction: The limiting power of the principle of freedom of contract in the Civil Code and its development.Purposes of the Research: In particular, it will examine and analyze the principle of freedom of contract in terms of the implementation of this principle and also describe the articles contained in the Criminal Code related to the interpretation of the principle of freedom of contract.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The results of the research on a critical analysis of the power of limiting the principle of freedom of contract in the Civil Code can be concluded that the limitation of the principle of freedom of contract has actually been stated in several articles in the Civil Code, by linking the articles in the Civil Code regarding the provisions in making an agreement, freedom of contract is not only guaranteed in the law on treaties, but at the same time that freedom must be framed by other articles. Along with the restrictions on freedom of contract contained in and outside the Civil Code, the tendency to limit freedom of contract, especially its manifestation in giving a more important role to the value of decency and feasibility (redelijkheid en bijlijkheid), good faith, and public order, therefore when contracts are made, these values must be accommodated.]]>
<![CDATA[Perlindungan Hukum Terhadap Pekerja Anak ]]>
<![CDATA[Benjamin C Picauly]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 1 (2022): VOLUME 2 NOMOR 1, MARET 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i1.818
<![CDATA[Introduction: One of the human rights that must be recognized, fulfilled and guaranteed protection by the state is human rights in the field of employment, namely the right to work and obtain work. However, the main problem in employment issues that must receive special attention is child labor.Purposes of the Research: To analyze forms of legal protection for child labor.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: Due to the lack of formal employment opportunities, many people work in the informal sector. Even so, the informal sector has not been able to provide proper welfare for workers, but it remains one of the choices of employment opportunities. This situation causes high poverty rates. As a result, many children drop out of school because they are unable to continue their education, which is quite expensive. This situation has forced many school-age children in Ambon City to work to help their families either in markets or in people's homes. Child labor is allowed as long as there is protection for child labor in accordance with applicable laws.]]>
<![CDATA[A New Paradigm In Economy About Maqashid Al-Sharia Theory: Reformulation Of Ibn-Asyur ]]>
<![CDATA[Nur Rofiq]]>;
<![CDATA[M Zidny Nafi Hasbi]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 1 (2022): VOLUME 2 NOMOR 1, MARET 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i1.817
<![CDATA[Introduction: This article examines the theory of sharia maqasid based on the thoughts of Ibn Assyria. Maqasid sharia, as one of the most important concepts in the study of Islamic law, is a universal goal that will be achieved by sharia and realized in life. There is a large framework of sharia maqasid according to Ibn Assyria, namely the principle of Qashdi, the principle of responsibility, the principle of Istikhlaf and Fitrah, and the principle of equality. The objectives of sharia that ibn Assyria has set are Kath's.Purposes of the Research: To elaborate the paradigm of sharia maqasid, especially in terms of economics as the fruit of thought from Ibn Assyria.Methods of the Research: This research uses qualitative research methods where the data is based on literature studies.Results of the Research: For Maqasih sharia is not separated from maslahah. Ibn Assyria sets out on five criteria to recognize which are categorized as maslahah and masadah among others: (1) Benefits and mudharat on a thing must exist and manifest in general nature. (2) Real and clear benefits and benefits in circumstances acceptable to common sense, so as not to contradict reason and logic. (3) All things that cannot be replaced in bringing about a maslhah and mudharat. (4) Its benefits and mudharat have things that can both be measured and chosen. (5) Its benefits and benefits are standardized on the obvious. (3) All things that cannot be replaced in bringing about a maslhah and mudharat. (4) Its benefits and mudharat have things that can both be measured and chosen. (5) Its benefits and benefits are standardized on the obvious. (3) All things that cannot be replaced in bringing about a maslhah and mudharat. (4) Its benefits and mudharat have things that can both be measured and chosen. (5) Its benefits and benefits are standardized on the obvious.]]>
<![CDATA[Analisis Hukum Jaminan Pembiayaan Modal Usaha Dalam Akad Mudharabah Pada Perbankan Syariah ]]>
<![CDATA[Kasmawati Kasmawati]]>;
<![CDATA[M Rivaldi]]>;
<![CDATA[Rodhi Agung Saputra]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 1 (2022): VOLUME 2 NOMOR 1, MARET 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i1.739
<![CDATA[Introduction: The settlement of the mudharabah contract guarantee dispute can have two alternative settlements, namely the religious court and the arbitration body, while the absolute execution of the decision is carried out through the religious court in accordance with Article 49 of Law Number 3 of 2006 concerning Religious Courts.Purposes of the Research: Examine the mudharabah contract guarantee, which has been regulated in the Fatwa of the National Syari'ah Council Number 07/DSN-MUI/IV/2000 concerning Mudharabah Financing.Methods of the Research: The research method used is a normative research method with a statute approach and analyzed using content analysis.Results of the Research: The findings of this study indicate that the regulation regarding the settlement of collateral disputes in Mudharabah contracts in Islamic banking is regulated in Article 55 of Law Number 21 of 2008 concerning Islamic Banking and the execution of guarantees can only be implemented when the principles of execution have been fulfilled.]]>
<![CDATA[Analisis Deterministik Kausal Secara Sosial yang Menyebabkan Pertanggungjawaban Pidana di Era 4.0 ]]>
<![CDATA[Muhamad Ghofir Makturidi]]>;
<![CDATA[Ayi Yunus Rusyana]]>;
<![CDATA[Hisam Ahyani]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 1 (2022): VOLUME 2 NOMOR 1, MARET 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i1.711
<![CDATA[Introduction: Crime and punishment in the 4.0 era are 1) a behavior, 2) a type of social phenomenon in interactions that are built between humans, 3) natural and social phenomena, 4) including interactions between people in social life, 5) considered as a process deterministic mechanics based on the law of causality. So that nowadays the study of crime and punishment in the 4.0 era needs to be developed in order to realize national development.Purposes of the Research: To uncover and explore deterministics based on the law of causality, which causes criminal liability in Era 4.0, which needs to be developed in order to realize national development.Methods of the Research: This research method is a normative research where causal deterministics in era 4.0 are aimed at sentencing and are not only based on the concept of retributive justice alone, but also on the principle of benefits generated in the sense of aiming to prevent the recurrence of similar crimes and thereby create order and national security.Results of the Research: I that crime and punishment against socially causal deterministic challenges that lead to criminal responsibility in the 4.0 era is a necessity as Satjipto Rahardjo revealed that the law always develops following human development and following the needs and values that live in humans to realize social justice for all citizens Indonesia, especially for society 5.0, especially in terms of digitalization through modern law as a new and renewable breakthrough and making changes to the legal paradigm according to the demands of the times.]]>
<![CDATA[Maraknya Perdagangan Satwa Langka Di Era Pandemi Covid-19 Di Indonesia ]]>
<![CDATA[Dinarjati Eka Puspitasari]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 1 (2022): VOLUME 2 NOMOR 1, MARET 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i1.816
<![CDATA[Introduction: The era of the COVID-19 pandemic has not stopped the perpetrators of conservation crimes from carrying out their actions. The trade in endangered species, both online and offline, is becoming more and more common. Many cases of trade in endangered animals in Indonesia were carried out during this Covid-19 pandemic. Various types of endangered species that should be protected are actually traded and smuggled illegally. Weak law enforcement is also a crucial problem in resolving cases of trafficking in endangered species.Purposes of the Research: Efforts and participation by the Government, the community, and environmentalists in controlling the rate of illegal trade in endangered species are increasingly prevalent.Methods of the Research: This research is juridical normative, using various primary and secondary legal materials. Data analysis is descriptive qualitative.Results of the Research: The impact of the trade in endangered species brings ecological and economic losses. Although the impact is quite influential, it does not stop the perpetrators of these conservation crimes from taking action. This is done to gain financial gain personally or illegally in groups. Community participation and government supervision need to be increased in suppressing the rate of increase in the trade of endangered species. Preventive and repressive supervision needs to be carried out as much as possible in breaking the chain of the rampant trade in endangered species that occurs in Indonesia.]]>
<![CDATA[Dilema Dispensasi Kawin Pasca Dinaikkanya Batasan Usia Perkawinan ]]>
<![CDATA[Dyah Auliah Rachma Ruslan]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.1212
<![CDATA[Introduction: The regulations governing marriage in Indonesia have determined the minimum age for a person to enter into a marriage. The increase in the age limit for marriage resulted in an increase in the number of requests for dispensation for marriage in court and almost all of them were granted by the court. This certainly hampered the government's efforts to reduce the number of underage marriages which are seen as having many negative impacts.Purposes of the Research: To see the effectiveness of the regulation regarding the age limit for entering into marriage which was raised to 19 (nineteen) for men and women which is associated with the high demand for dispensation from marriage in court..Methods of the Research: The research method used is normative legal research. The main subject of the study is law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior.Results of the Research: The rules governing the age limit for marriage, which is 19 (nineteen) years for men and women, are still not effective. This can be seen by the many requests for dispensation from marriage that have been filed in court and almost all of them have been granted. There are still many people who do not understand the negative impacts of underage marriages, which means that there are still many requests for dispensation from marriage. Courts should be able to pay attention in more detail and selectively regarding the aspects that are considered in granting approval for marriage dispensation]]>
<![CDATA[Kewenangan Pembatalan Peraturan Daerah Provinsi Oleh Menteri Dalam Negeri Dalam Hubungan Pusat Dan Daerah ]]>
<![CDATA[Ricardo Marlon Mauwa]]>;
<![CDATA[Salmon Eliazer Marthen Nirahua]]>;
<![CDATA[Jemmy Jeffry Pietersz]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.885
<![CDATA[Introduction: The Ministerial decree of Home Affairs (beleidsregels) in the Authority of Annulment provincial regulations is a form of modification of administrative law in preparing regional regulatory norms and has a hierarchical basis for the formation of provincial regulations.Purposes of the Research: Reviewing and analyzing the suitability of legal norms instruments against the hierarchical laws and regulations within the authority to annulment provincial regulations by the Minister of Home Affairs, so that the instrument of authority in the context of central and regional relations should be a source of positive law based on the authority of state institutions (authority of the Minister of Home Affairs).Methods of the Research: This research is a case study using a normative juridical method with a case approach that is discussed descriptively, namely examining legal reasons (ratio decidendi) legitimacy and the basis for the authority of the Minister of Home Affairs in annulment Provincial Regulations and reviewing the authority of central relations and regions as indicators of government authority (Cq. Minister of Home Affairs) in the context to harmonize the implementation of public interest (administrative function = bestuurs function).Results of the Research: Modification of administrative law in practice of the authority to annulment provincial regional regulations by the Minister of Home Affairs in connection with central and regional relations in normative legal research on the laws and regulations applied in the Constitutional Court Decision No. Register: 137/PUU-XIII/2015; judicial review Article 251: (2),(3),(4),(8) and the Constitutional Court Decision No. Register: 56/PUU-XIV/2016; judicial review Article 251 : (1),(4),(5),(7), "as long as the phrase the authority to repeal provincial regional regulations by the Minister of Home Affairs is contrary to the 1945 Constitution and has no binding legal force". This creates confusion and dualism from the analogy principle by design : (1). Control of the administrative mechanism/ administrative function based on the normative formulation of Law Number 23 of 2014 the relevance of Permendagri Number 80 of 2015 (as the principal authority of the Minister of Home Affairs) is "a priore" in the practice of HTN is called as the authority of state institutions in an administrative appeal; and (2). Control of the juridical/judicial function mechanism, namely the legal authority to test according to the conception/hierarchy of laws and regulations based on the normative formulation of Law Number 12 of 2011 on the relevance of Presidential Regulation Number 87 of 2014 (which is the authority of the Supreme Court in the toetsingrehct/judicial mechanism review) is having the quality of “a posterore” on the other hand.]]>
<![CDATA[Fungsi Pengawasan Majelis Pengawas Daerah Terhadap Penegakan Kode Etik Notaris ]]>
<![CDATA[Yared Hetharie]]>;
<![CDATA[Merry Tjoanda]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.849
<![CDATA[Introduction: Notaries have a very important role in Indonesia, to serve the community in terms of making an authentic deed as evidence or as a legal requirement for a certain legal action.Purposes of the Research: Review and analyze the supervision carried out by the Regional Supervisory Council on the Enforcement of the Notary Code of Ethics.Methods of the Research: The research was conducted using a normative juridical method with a c statutory approach, conceptual approach and comparative approach a by specifically analyzing the performance of the institution and its authority in the implementation of law enforcement in the Maluku Sea based on the legislation which was then analyzed qualitatively.Results of the Research: The MPD Supervision function has so far been carried out well but not yet optimal because there are still violations of the code of ethics by a notary. In carrying out the duties and functions as a notary, there are factors that affect the violation of the code of ethics by a notary, namely internal factors and external factors. The Regional Supervisory Council performs the function of supervising notaries by conducting regular inspections of the notary's monthly report, inspection of the notary's office and examination of alleged violations of the code of ethics committed by a notary.]]>
<![CDATA[Eksistensi Peraturan Pemerintah Pengganti Undang-Undang dan Kewenangan Mahkamah Konstitusi Dalam Pengujian ]]>
<![CDATA[Muhammad Rum Siolimbona]]>;
<![CDATA[Saartje Sarah Alfons]]>;
<![CDATA[Hendrik Salmon]]>
<![CDATA[ PAMALI: Pattimura Magister Law Review Vol 2, No 2 (2022): VOLUME 2 NOMOR 2, SEPTEMBER 2022 ]]>
Publisher : <![CDATA[Postgraduate Program in Law, Pattimura University ]]>
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DOI: 10.47268/pamali.v2i2.1051
<![CDATA[Introduction: The 1945 Constitution of the Republic of Indonesia does not have a provision that gives the Constitutional Court the authority to examine Government Regulations in Lieu of Laws but in fact the Constitutional Court examines Government Regulations in Lieu of Laws.Purposes of the Research: the purpose of this article is to find out the existence of government regulations in lieu of laws and the authority of the Constitutional Court to examine government regulations in lieu of laws.Methods of the Research: This study uses a normative juridical method with a statute approach, a conceptual approach, and a case approach.Results of the Research: Hierarchically, government regulations in lieu of laws are parallel to laws and serve to replace laws that were issued in the event of a compelling emergency. The content material contained in the Government Regulation in Lieu of Law is the same as the Law. The Constitutional Court is based on Law Number 48 of 2009 concerning Judicial Power, where a judge cannot reject a case that is brought to him on the grounds that there is no law. According to the principle of ius curia novit, the judge can conduct rechtvinding. The essence of the establishment of the Constitutional Court is to guarantee human rights, for that the Constitutional Court must fulfill the constitutional rights of citizens, by which the testing of Government Regulations in Lieu of Law by the Constitutional Court is allowed and does not violate the law. ]]>
