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Bacarita Law Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 27759407     DOI : 10.30598/bacarita
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
BACARITA LAW JOURNAL Adalah jurnal Yang Diterbitkan Oleh Program Studi Hukum, Program Studi Diluar Kampus Utama (PSDKU) Universitas Pattimura di Kepulauan Aru, Dua Kali Setahun Pada Bulan April Dan November. Tujuan Jurnal Ini Adalah Untuk Menyediakan Tempat Bagi Akademisi, Peneliti Dan Praktisi Untuk Menerbitkan Artikel Penelitian Asli Atau Artikel Ulasan. Jurnal Ini Menyediakan Akses Terbuka Langsung Ke Kontennya Dengan Prinsip Bahwa Membuat Penelitian Tersedia Secara Bebas Untuk Mendukung Pertukaran Pengetahuan Global Yang Lebih Besar. BACARITA LAW Tersedia Dalam Versi Cetak Dan Online. Bahasa Yang Digunakan Dalam Jurnal Ini Adalah Bahasa Indonesia Dan Bahasa Inggris. Ruang Lingkup Artikel Yang Diterbitkan Dalam Jurnal Ini Membahas Berbagai Topik Ilmu Hukum Khususnya Berkaitan Dengan Hukum Keperdataan, Hukum Pidana, Hukum Tata Negara/Administrasi Negara, Dan Hukum Internasional
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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Kajian Kriminologis Terhadap Minuman Beralkohol (Sopi) Dengan Tindak Pidana Yang Terjadi Di Kabupaten Kepulauan Aru Resi Luturmas; Sherly Adam; Elias Zadrach Leasa
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8403

Abstract

The crimes that arise in the Aru Islands district due to the consumption of alcoholic drinks (sopi) have been increasing lately, so efforts must be made to resolve them so that no more crimes occur. This study aims to examine and discuss what crimes are caused by consuming alcoholic beverages (sopi) in the Aru Islands district. The type of research used in this research is empirical-juridical or sociological-juridical. The data sources used are primary data and secondary data. Techniques for collecting legal materials through interviews, documentation studies, and qualitative analysis of legal materials. The results of the study show that the factors causing the occurrence of criminal acts caused by consuming alcoholic beverages (sopi) are many, including unemployment, excessive alcohol consumption, and the fact that most people still use alcoholic beverages (sopi) as an outlet. The efforts made by the Aru Islands Police include conducting campaigns among teenagers as well as carrying out operations and enforcing the law against perpetrators of the distribution of alcoholic beverages (sopi).
Tanggung Jawab Pemerintah Desa Dalam Bidang Pendidikan Di Desa Lutur Kecamatan Aru Selatan Kabupaten Kepulauan Aru Marni G Sihite; Jemmy Jefry Pietersz; Renny Heronia Nendissa
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8404

Abstract

The study aims to determine the responsibility of the village government in the field of education in Lutur Village. Normative legal research on village government or what is commonly referred to as the village head is supported by village officials as one of the elements of village government administration. The village head is a village official who has the authority, obligations and responsibilities to manage his village. Details of the position, duties and function of these community leaders based on domestic regulation number 84 0f 2015 as stipulated in article 6 the village administration who leads the administration of the village. The formulation of the problem to answer this question above is first whether the village government is responsible in the filed of education, seond what are the legal consequences does not carry out its responsibilities. The method used is normative law based on research conducted, the village government is responsible for carrying out development in the filed of education and is legally following.
Legalitas Penetapan Kerugian Keuangan Negara Oleh Aparat Pengawas Internal Pemerintah (APIP) Sebagai Dasar Memeriksa Perkara Korupsi Maria Rumihin; Salmon Eliazer Marthen Eliazer Marthen; Deassy Jacomina Anthoneta Hehanussa
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8502

Abstract

To prevent and eradicate criminal acts of corruption in the bureaucracy of government institutions and prevent errors and irregularities in the implementation of duties by apparatus in the government bureaucracy, the existence of the government internal supervision apparatus (APIP) is considered very important to conduct internal supervision of government apparatus in carrying out government duties. However, the authority given by law to APIP is often not in line with APH (Law Enforcement Officers) often use the results of the State loss calculation report by APIP as a basis for prosecuting someone suspected of committing a Criminal Act of Corruption. This type of research is normative juridical. The type of research is descriptive-analytical. The source of legal materials uses primary legal materials and secondary legal materials. Techniques for collecting legal materials through literature study and qualitative analysis of legal materials. The results showed that the only institution that has the authority to calculate and determine State Financial Losses is the Audit Board by attribution given by the Constitution Therefore, every charge committed by APH (Law Enforcement Officer) must be null and void or can be canceled because it is not in line with existing regulations.
Perlindungan Hukum Terhadap Anak Korban Tindak Pidana Perdagangan Orang Adi Purwo Nugroho; Juanrico Alfaromona Sumarezs Titahelu; Julianus Edwin Latupeirissa
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8628

Abstract

The purpose of this writing is to analyze and explain the factors of child trafficking in Aru Regency. The crime of trafficking in persons is generally in the form of violations of human dignity and dignity in the form of cruel treatment, and even slavery-like treatment. This perpetrator is accepted as the helplessness of the victim, who is trapped in a network that is very difficult to identify, so it will be difficult to find a solution. The research method used in this research is normative legal research, namely legal research conducted by analyzing literature materials.
Keamanan Produk Pangan Yang Dijual Melalui Media Sosial Dalam Perspektif Perlindungan Konsumen Theresia Louize Pesulima; Ronald Fadly Sopamena
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8849

Abstract

People who consume unsafe food products can endanger their health and even their lives. However, the fact is that until now these unsafe food products are still a problem that must be faced by the state. This becomes even more difficult when many food products can be found easily through social media. So that business actors can promote and market food products without a permit so that it has the potential to harm consumers. The research method used in this research is normative juridical or known as legal research which is carried out by studying and analyzing the substance of laws and regulations on the subject matter or legal issues in consistency with existing legal principles. The government can supervise or cooperate with social media managers to identify food products that do not have a permit. Repressive protection can be provided by the government by providing strict sanctions for business actors who produce food products without certification. Sanctions for business actors who ignore consumer rights include criminal sanctions and fines as well as revocation of business licenses. Thus, legal protection for consumers who consume food products distributed through social media can be more effective so that consumers are not harmed.
Akibat Hukum Penerapan Prinsip Good Faith Pada Kontrak Investasi Internasional Di Indonesia Risqi Mumpuni Dyastuti
Bacarita Law Journal Vol 3 No 2 (2023): April (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i2.8962

Abstract

International Trade is a hot topic being discussed by the public because of the economic linkages in the progress of recent rapid development. In the international trade contract, there is not only goods trade activity but also service trade including contracts related to investment, finance, construction, transportation activity, and even contracts made in electronic. This research aims to find out and analyze regarding legal consequences of applying the principle of good faith which is only existed when the contract is executed in International Investment Contract in Indonesia. In addition, the other purpose is to find out and analyze the alternative solutions if a dispute is occurred. This research is doctrinal research using secondary data. The secondary data used is primary legal material, secondary legal material, and tertiary legal material. Moreover, technique of collecting data is carried on by library research. Meanwhile, technique of analysis data used in this research is qualitative data analysis using historical approach. The good faith principal which is only applied at the time of the contract will bring the dispute in the future. Therefore, if this principle is applied in the negotiation stage in each contract, the risk of the dispute in each contract will be smaller. Basically, good faith principal existed in humans as social beings who always need cooperation, though every country has different legal system in regulating the good faith principal. Hence, if there is conflict and dispute in the International Investment Contract, according to the law of Indonesia in the Act No. 25 Of 2007 concerning investment, it will be undertaken by international arbitration. However, it is possible to use other arbitration institution agreed by both sides. If there is dispute and the parties do not determine the legal choice and do not include it in the agreement, the institutions above can be used according to the agreement between the two parties. Meanwhile, for foreign investors who sign investment contracts in Indonesia, if there is dispute in the investment contract, it will be settled through International arbitration.
Penegakan Sanksi Disiplin Aparatur Sipil Negara Yang Tidak Menjalankan Tugas Aderisal Laim; Renny Heronia Nendissa; Eric Stenly Holle
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.8444

Abstract

The need for strict disciplinary sanctions to be applied to state civil servants who do not carry out their duties because many state civil servants in the Aru islands district do not carry out their duties properly. The aim of the research is to determine and analyze forms of enforcement of disciplinary sanctions for State Civil Apparatus who do not carry out their duties and to analyze the legal consequences. This study uses a normative research type using a statutory approach and a conceptual approach. The legal materials used are primary and secondary legal materials. Legal materials were obtained from literature studies and were processed and analyzed qualitatively. The results of the this study indicate that enforcing the discipline of the state civil apparatus is an effort to foster state civil servants who are not carrying out their duties. With the goverment’s commitment to provide the best service to the community. And the formation of discipline which can be carried out in two ways, namely through the application of strict disciplinary measures.
Kewenangan Mediator Khusus Ditingkat Daerah Dalam Menyelesaikan Perselisihan Hubungan Industrial Yutson Jonler; Salmon Eliazer Marthen Nirahua; Dezonda Rosiana Pattipawae
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.8553

Abstract

Appointment of a Special Mediator by the Minister without having to undergo mediator certification, which is an absolute requirement for mediators in general. The purpose of this writing is to find out and analyze the mechanism for appointing and handling industrial relations disputes by Special Mediator as a form of legal protection for disputing parties. The research method is normative juridical. The research results show that the Minister's authority to appoint special mediators at the regional level is in accordance with the mandate of the constitution, however, in this appointment there is an urgent dispensation, namely being exempt from undergoing mediator certification, which is an absolute requirement for mediators in general. The existence of this dispensation will have an impact on special mediators at the regional level in handling industrial relations disputes.
Tanggung Jawab Pemerintah Terhadap Perlindungan Satwa Liar Di Kabupaten Kepulauan Aru Indiyani Bugis; Jemmy Jefry Pietersz; Revency Vania Rugebregt
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.9241

Abstract

Protected animals are animals that are protected by public authorities or the government. Therefore, the local community cannot take actions that violate the provisions set by the public authorities for these wild animals. Basically, Indonesia is an archipelagic country which is famous for its diversity of endangered species protected by public authorities and is also an environment for endemic creatures, which means that it has its own characteristics in each area and cannot be found in other areas. Legally the government's efforts to protect wild animals from the threat of extinction are carried out by issuing the previously mentioned laws and regulations, namely Law Number 5 of 1990 concerning Conservation of Living Natural Resources and Their Ecosystems, followed by the enactment of Government Regulation Number 13 of 1994 concerning Hunting for Wildlife, Government Regulation Number 68 of 1998 concerning Nature Reserve Areas and Nature Conservation Areas, and Government Regulation Number 7 of 1999 concerning Preservation of Plant and Animal Species, as well as Government Regulation Number 8 of 1999 concerning Utilization of Plant and Animal Species. With clear rules, law enforcement can work more effectively to protect animals, especially wild animals.
Kebijakan Kriminal Tindak Pidana Illegal Logging Di Kabupaten Kepulauan Aru Moses Agusteyn; Deassy Jacomina Anthoneta Hehanussa; Yanti Amelia Lewerissa
Bacarita Law Journal Vol 4 No 1 (2023): Agustus (2023) Bacarita Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i1.9412

Abstract

The criminal act of illegal logging is a crime against forest destruction in terms of the forestry sector. Where the crime includes logging which is carried out in areas where the forest is used illegally or without permission from the government or the authorities. Currently in the Aru Islands, the crime of illegal logging is one of the most serious crimes and is difficult to eradicate. The purposes and uses of this thesis research are: 1) What are the forms of dealing with illegal logging crimes in the Aru Islands; and 2) What is the criminal policy for dealing with illegal logging in the Aru Islands.

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