PATTIMURA Law Study Review
PATTIMURA Law Study Review yang dsingkat (PALASRev) adalah media peer-review yang dikelola dan diterbitkan oleh Fakultas Hukum Universitas Pattimura. PATTIMURA Law Study Review menerbitkan karya ilmiah di bidang hukum, terbit tiga kali setahun pada bulan April, Agustus dan Desember. Tujuan jurnal ini adalah untuk menyediakan tempat bagi Mahasiswa untuk mempublikasikan artikel ilmiah dari luaran Skripsi dan atau sebagain dari Skripsi Mahasiswa Strata Satu (S1). Fakultas Hukum Universitas Pattimura mewajibkan mahasiswa menggunggah karya ilmiah sebagai syarat ujian sarjana. Jurnal ini memberikan akses terbuka langsung ke kontennya berdasarkan prinsip bahwa membuat penelitian tersedia secara bebas untuk publik mendukung pertukaran pengetahuan global yang lebih besar. PATTIMURA Law Study Review tersedia secara online. Bahasa yang digunakan dalam jurnal ini adalah Bahasa Indonesia dan Bahasa Inggris. Ruang lingkup artikel yang dimuat dalam jurnal ini membahas berbagai isu di bidang Ilmu Hukum (Hukum Perdata, Hukum Islam, Hukum Bisnis/Ekonomi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Pidana, Hukum Internasional.
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109 Documents
<![CDATA[Implikasi Hukum Perjanjian Damai Amerika Serikat Dan Taliban ]]>
<![CDATA[Novi D Permatasari]]>;
<![CDATA[Popi Tuhulele]]>;
<![CDATA[Wilshen Leatemia]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.9968
<![CDATA[International agreements in relation to the settlement of international disputes that occur in a country is the basis or benchmark in resolving conflicts that occur in a country. Purposes of the Research provide academic input for the development of legal science, especially in the field of International Law, International Treaty Law related to the regulation and legal impact of the peace treaty between the United States and the Taliban on the stability of Afghan state security. The research method used in this research is normative legal research by reviewing legal literature materials through a statutory approach, case approach and conceptual approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal materials is carried out by library research using qualitative analysis techniques. The results of the study show that the agreement between the disputing parties is a formal commitment between the opposing parties to end the war, as stipulated in article 33 paragraph (1) of the UN Charter and in article 2 paragraph (1) of the 1969 Vienna Convention on International Agreements. The implication of the peace agreement between the United States and the Taliban is that there will be political and security instability in Afghanistan which has the potential to last for a long time. Where the Taliban have not created a conducive government system and have not received the support of the international community so it still takes time to create stability for the country of Afghanistan.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Shopee Atas Barang Yang Tidak Sesuai Dengan Deskripsi Produk ]]>
<![CDATA[Ari Apriatman Molle]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Agustina Balik]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.9969
<![CDATA[Consumer protection is important considering the speed of science and technology that continues to increase. This study aims to examine legal protection for shopee consumers for goods that do not match the product description and the responsibilities of the shopee party and business actors for consumers who are harmed. The type of research used in this paper is normative legal research. By using the legal approach and the concept approach. Analysis of legal material uses qualitative methods, namely studies related to legal norms contained in laws and regulations and legal norms that exist in society. The qualitative analysis method is carried out by analyzing legal materials based on concepts, theories, laws and regulations, expert opinions, and the views of the authors themselves, then interpretation is carried out to conclude from this research question. The results of this study conclude that legal protection for Shopee consumers is based on the Consumer Protection Act No. 8 of 1999 (UUPK) and the Electronic Information and Transaction Law No. 11 of 2008 (UU ITE) can be seen in the regulation on consumer rights protection. Consumers who are harmed can file a lawsuit that is in line with UUPK and UU ITE so as to provide legal certainty to consumers. The government and society also play an important role through the oversight function. The form of responsibility of the shopee party and business actors for losses suffered by consumers is fully regulated in the terms of use of services available on the shopee shopping site, allowing consumers to report consumer losses, offer Shopee Guarantees, issue refunds to consumers, and protect consumers' personal information and credit cards. . Shopee is fully responsible for consumer losses]]>
<![CDATA[Penanganan Tindak Pidana Penyalahgunaan Narkotika Yang Dilakukan Oleh Oknum Kepolisian ]]>
<![CDATA[Matheis Randy Mustamu]]>;
<![CDATA[Juanrico Alfaromona Sumarezs Titahelu]]>;
<![CDATA[Judy Marria Saimima]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.9970
<![CDATA[The police as executors and law enforcers have the duty to maintain security within the Republic of Indonesia and are given the authority to prevent and eradicate criminal acts. The purpose of this study is to examine and analyze law enforcement against police officers who commit criminal acts of narcotics abuse. This research is a normative juridical research, using a statutory approach, a conceptual approach, and a case approach. Regarding members of the police who abuse narcotics, these members of the National Police will have cases and undergo two types of judicial processes, namely general courts (criminal justice processes for members of the Indonesian National Police are generally carried out according to the procedural law that applies in general courts). The second is a disciplinary offender, and the third is a disciplinary rule. This disciplinary regulation is implemented when a court decision that has permanent legal force is then used as evidence to Propam regarding the violation committed. Based on Circular Letter Number: SE/9/V/2021 Concerning Standard Guidelines for Enforcement of Violations of the POLRI Professional Code of Ethics, namely Drug Abuse including Serious Violations can be recommended for Disrespectful Dismissal (PTDH), because drug violations are extraordinary crimes and become a common enemy that can damage the nation's generation, so it must be eradicated. Regarding members of the police who abuse narcotics, these members of the National Police will have cases and undergo two types of judicial processes, namely general courts (criminal justice processes for members of the Indonesian National Police are generally carried out according to the procedural law that applies in general courts).]]>
<![CDATA[Pengisian Jabatan Penjabat Kepala Daerah Oleh Pejabat Tinggi Tentara Nasional Indonesia ]]>
<![CDATA[Alwi Reniwuryaan]]>;
<![CDATA[Marthinus Johanes Saptenno]]>;
<![CDATA[Vica Jillyan Edsti Saija]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.9971
<![CDATA[On May 24, 2022 the Governor of Maluku appointed Brigjen TNI andi Chandra As’adudin as Acting Regent of West Seram through Minister of Home Affairs Decree Number: 131.81-1164 of 2022 concerning the appointment of the acting regent of West Seram. To review and analyze the filling of the position of acting regional head by high ranking officials of the Indonesian National Armed Forces whether or not it complies with the laws and regulations in Indonesia and the legal consequences of filling the positions of acting regional heads by high ranking officials of the Indonesian National Armed Forces. The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this paper are primary, secondary and tertiary legal materials. The research method used is normative juridical, using a statutory approach and a conceptual approach. The legal materials used in this paper are primary, secondary and tertiary legal materials. Filling in the position of Acting regional head by a high ranking official of the Indonesian National Armed Forces is not in accordance with or contrary to a number of laws and regulations which mandate that the filling of a high ranking position must be accompained by a Presidential Decree on Appointment of Acting Governor and Minister of Home Affairs Decree on Appoinment of Acting Regent/Mayor is invalid and legally flawed.]]>
<![CDATA[Tanggung Jawab Pelaku Usaha Tehadap Penetapan Harga Yang Berbeda Atas Produk Sejenis ]]>
<![CDATA[Dwiyanti Adelin Hetharie]]>;
<![CDATA[Teng Berlianty]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10040
<![CDATA[ABSTRACT: Along with progress from various aspects, especially progress in the economic sector, facilitating transactions by consumers, the existence of supermarkets adds to consumer satisfaction in shopping, because of its advantages compared to traditional markets. In order to prevent arbitrary actions from occurring on the part of business actors in order to obtain the maximum profit in various ways, including selling similar products at different prices, legislators realize that most business transactions are based on agreements between business actors. The method used in this research is a normative legal research method through a literature study with a conceptual approach and statutory approach. The legal materials used are primary, secondary and tertiary legal materials which are analyzed qualitatively to answer the problems studied. Business actors have the right to set prices for the products sold. In setting prices by business actors, there may be different prices for similar products. Factors that cause price differences for similar products are the negligence of sales clerks in making price adjustments, limited number of employees and deliberate fraud. Business actors are responsible for consumer losses due to price differences in similar products. Consumers are entitled to the right to compensation (compensation) for violations committed by business actors either due to negligence or on purpose. Supermarkets that make price differences on similar products can be subject to administrative sanctions or criminal sanctions. Business actors should be able to run their business properly in accordance with applicable regulations. If a price difference is found for similar products determined by the Business Actor, the Business Actor is proven to have violated Article 8 paragraph (1) letter (f) of Law Number 8 of 1999 concerning Consumer Protection and may be subject to sanctions in the form of imprisonment and fines. Consumers are expected to be more careful and smarter in shopping so as not to be harmed by business actors.]]>
<![CDATA[Kekuatan Hukum Memorandum of Understanding Bagi Perlindungan Pekerja Migran Indonesia ]]>
<![CDATA[Astriyani Irawan]]>;
<![CDATA[Arman Anwar]]>;
<![CDATA[Dyah Ridhul Airin Daties]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10098
<![CDATA[ABSTRACT: The governments of Indonesia and Malaysia agreed on a Memorandum of Understanding or MoU on the Placement and Protection of Indonesian Migrant Workers (PMI) in the Domestic Sector in Malaysia. However, three months after the signing, the Government of Malaysia proved to have not carried out the contents of what had been agreed upon in the agreement. Purposes of the Research: Adding knowledge to the author about how the position and legal power of signing a memorandum of understanding or Memorandum of Understanding (MoU) for the protection of migrant workers (PMI) and as input material for academics, government, society, especially PMI candidates and can also be useful for parties who wish conducting research in the same field. Methods of the Research: normative legal research. The nature of the research is descriptive analysis by examining library materials using the Act approach, Concept Approach, and Case Approach. The use of legal material sources consists of primary and secondary legal materials to discuss the formulation of the problem. Results of the Research: The MoU has binding power in providing protection for Indonesian Migrant Workers who are in Malaysia. One of the implications of the MoU is the abolition of the online maid system (SMO) and replaced with a One-channel system (OCS). It is suggested to the Government of Malaysia to respect the provisions agreed in the MoU. Also to the Government of Indonesia to continue monitoring and evaluating the implications of the MoU on the Protection of Indonesian Migrant Workers (PMI) in Malaysia.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemegang Hak Cipta Karya Sinematografi Atas Situs Penyedia Streaming Gratis Di Media Internet ]]>
<![CDATA[Evi Pradita Ismail]]>;
<![CDATA[Theresia Nolda Agnes Narwadan]]>;
<![CDATA[Muchtar Anshary Hamid Labetubun]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10099
<![CDATA[ABSTRACT: The development of the age is directly proporent to the development of life-sustaining technologies such as the Internet, while cyberspace may also present special drawback to copyright. On the Internet countless free streaming websites that disseminate cinematography (movies) without the permission of copyright holders which have violated the copyright owners' economic rights of duplicating, distributing and using the copyright holder without permission, Research shows that protection against copyright holders by cinematography on the Internet's free streaming site consists of preventive law of surveillance, coordination, and cooperation with the creation, dissemination and surThe research method used was normative-yuridis, using the problem approach of legislation and conceptual approach, the source of the legal materials used in the primary, secondary and tertiary materials. The technique for collecting legal materials used was the collecting of judicial material, which was analyzed using qualitative methods. Veillance of the ACTS of cinematography and the recording of creation. As well as the repressive protection by closing or blocking free streaming sites on Internet media by kominfo, the repressive protection is in the form of temporary judges, penalties for damages and criminal proceedings. As a result of the law that receives free streaming site owners is sanctioned by paying damages to copyright holders and criminal penalties of prisons and penalties.]]>
<![CDATA[Sanksi Pidana Bagi Influencer Yang Melakukan Penipuan Investasi Berkedok Binary Option ]]>
<![CDATA[Rahmat Rahmat]]>;
<![CDATA[Juanrico Alfaromona Sumarez Titahelu]]>;
<![CDATA[Elias Zadrach Leasa]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10100
<![CDATA[ABSTRACT: The crime of illegal binary option investment is very disturbing to the public by committing tricks and causing economic losses to victims of fraud which in turn makes victims report it and perpetrators such as influencers who carry out investment fraud under the guise of binary options. The purpose of this study is to discuss the application of rules and criminal sanctions for unscrupulous influencers who commit investment fraud under the guise of binary options. This research is a normative juridical research carried out using statutory, conceptual and case approaches. Fraudulent crimes committed by influencers to gain profit by offering binary option applications to the public who end up experiencing large losses, of course, must be sanctioned according to applicable regulations, from this the rules and criminal sanctions for influencers who commit fraud, have been listed in the Criminal Code Article 378 and Article 45 paragraph (2) of the ITE Law Jo Article 27 paragraph (2) regarding gambling content of the ITE Law. And also Article 45A paragraph (1) Jo Article 28 Paragraph (1) regarding fake news that harms consumers ITE Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Information and Electronic Transactions, for this reason, based on a series of investigative investigations up to a decision at the district court level and the district high court, in the end, the judge handed down a verdict, the influencers, namely Doni Salamanan & Indra Kenz, were also subject to imprisonment with a sentence of 8 years in prison for influencer Doni Salmanan and 10 years in prison for influencer Indra Kenz for being proven to have committed fraud that harmed consumers, namely people who trade on binary option applications.]]>
<![CDATA[Perlindungan Hukum Terhadap Pemilik Hak Atas Tanah Dalam Proses Pengadaan Tanah Untuk Kepentingan Umum ]]>
<![CDATA[Dwi Nurul Aulia Pattiha]]>;
<![CDATA[Jemmy Jefry Pietersz]]>;
<![CDATA[Novyta Uktolseja]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10101
<![CDATA[ABSTRACT: Procurement of land for public purposes is not carried out according to the stages such as planning, preparation, implementation and delivery of results and even at these 4 (four) stages disputes often occur so that owners of land rights lose their rights without compensation or the compensation they receive is not appropriate as a form of legal protection for the owner of the right to land. Purposes of the Research, reviewing and analyzing the land acquisition process for public interest can lead to land acquisition disputes, as well as reviewing and analyzing legal remedies for owners of land rights in the process of land acquisition for public interests. Methods of the Research the type of research used is normative juridical research using a problem approach, namely the statutory approach and the concept approach. While the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Legal material collection techniques through library research with legal material analysis techniques, namely qualitative. Research results show that land acquisition for the public interest is very prone to causing disputes. This is because in the process of land acquisition for the public interest it is not carried out based on the provisions, because land acquisition for development for the public interest is carried out through the stages of: planning, preparation, implementation and delivery of results, not implemented These four stages cause disputes in the process of land acquisition for the public interest so that owners of land rights can take legal action as a form of legal protection against ownership of land rights to obtain compensation or objections can be made through non-litigation channels, namely deliberations, while the litigation path, namely the judicial process of Objections to location determination can be submitted to the PTUN, while objections to determining the form and amount of compensation are submitted to the local District Court.]]>
<![CDATA[Konflik Tentara Nasional Indonesia Dengan Organisasi Papua Merdeka ]]>
<![CDATA[Joshua Victor Hendriko Simaela]]>;
<![CDATA[Josina Augustina Yvonne Wattimena]]>;
<![CDATA[Johanis Steny Franco Peilouw]]>
<![CDATA[ PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review ]]>
Publisher : <![CDATA[Faculty of Law Universitas Pattimura ]]>
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DOI: 10.47268/palasrev.v1i1.10580
<![CDATA[The OPM conflict that occurred has been going on for quite a long time, since the differences of opinion between Indonesia and the Netherlands at the 1949 Round Table conference in international law have regulated the settlement of the dispute. Until now there are still shootouts between the Military Forces and OPM members. The purpose of this research is to find out if the TNI-OPM conflict can be qualified as a non-international conflict. To find out the resolution of the conflict according to international humanitarian law the research method used is normative juridical research. The problem approach used is a conceptual approach, statutory approach, historical approach, and case approach. The legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. Collection of legal materials using literature and then analyzed using qualitative analysis methods. Based on the results of research and discussion that the conflict between the OPM and the TNI is a non-international armed conflict because the conflict occurs within the State of Indonesia itself, even though this conflict is non-international in nature, the resolution itself has been regulated in international law based on the 1899 and 1907 Hague Conventions, The 1949 Geneva Convention and the 1977 Additional Protocol to its settlement can be carried out peacefully by way of negotiation, mediation, good offices and fact finding, arbitration and judicial settlement.]]>
