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PATTIMURA Law Study Review

palasrev
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Published by Universitas Pattimura

ISSN : - EISSN : 30252245 DOI : https://doi.org/10.47268/palasrev

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 33 Documents

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Search results for , issue "Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review" : 33 Documents clear

Pelanggaran Perjanjian Internasional Secara Diam-Diam Dan Akibat Hukumnya Filianthino Eurico Wattimena; Josina Agustina Yvonne Wattimena; Welly Angela Riry
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11428

International agreements play a very important role in regulating relations and life between countries. Indonesia is one of the countries that made a bilateral agreement with Australia regarding the regulation of traditional fisheries rights through the 1974 MoU Box agreement. However, in reality, in implementing its traditional fisheries rights, problems were found in the form of obstacles caused by unilateral violations by Australia of the agreement contained in the contents of the MoU Box. . The research method used in the research is normative juridical, using a research approach, namely the statutory approach, concept approach and case approach. The results of the research show that in fact violations of the agreement between Indonesia and Australia occurred secretly by Australia. Proof of the violations committed by Australia was the issuance of the 1981 MoU which canceled the 1974 MoU which previously determined the fishing area from 12 miles to 200 miles. The changes to the agreement were not notified to Indonesia as one of the countries that made an agreement with Australia. The legal consequence that arises is that traditional fishermen whose rights are recognized in UNCLOS 1982 can no longer fish in this area, because Australia has unilaterally designated this area as a conservation area. Indonesia will also consider Australia as a country that is inconsistent in implementing bilateral agreements between the two countries regarding the recognition of the traditional rights of fishermen and this will have an impact on diplomatic relations between the two countries.

Tinjauan Perjanjian Internasional Terhadap Kerja Sama Mikro Ezra Raphael Timotius; Popi Tuhulele; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11775

International Treaties are sources of international law that have the basis of international legal force. Countries in the Southeast Asian region agreed to create a safe and peaceful atmosphere for the region by forming an organization called ASEAN. ASEAN formed the ASEAN Economic Community (AEC) which is a form of economic integration in the Southeast Asian region. AEC aims to assist ASEAN integration through AEC (ASEAN Economic Community). Each ASEAN member country pays attention to strategies, policies for the empowerment of MSMEs, including in Indonesia. The purpose of the study is to analyze and know about ASEAN cooperation, especially AEC in Micro Cooperation (MSMEs) in ASEAN and to analyze and find out the implementation of MSME micro cooperation agreements implemented in Indonesia. This research method used is normative juridical. The problem approach used is a legal approach and a conceptual approach. The sources of legal materials are primary, secondary, and tertiary. Collection of legal materials using literature studies. Furthermore, the analysis of legal materials on MSME trade, ASEAN, and their relationships in International Agreements is analyzed and processed systematically so that the results are expected to answer this research problem. The results of the study found that the AEC cooperation relationship has a positive impact on MSME microeconomic cooperation in ASEAN. The presence of AEC is the basis and legal basis, important for MSME microeconomic cooperation. The implementation of the AEC cooperation agreement for Indonesian MSMEs has been going well, but there are still several obstacles that need to be overcome. These problems are related to funding, availability of natural resources, and lack of human resources. These things are still a challenge for Indonesia in competing with other countries.

Tanggungjawab Negara Terhadap Pelanggaran Hak Asasi Manusia Berat Alessandro Willem Selfiano Everhard Kuhuparuw; Lucia Charlota Octavina Tahamata; Dyah Ridhul Airin Daties
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11777

Gross human rights violations have been regulated in Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts. But in reality, gross human rights violations still occur in Indonesia, one of which occurred in South Aceh known as the Jambo Keupok tragedy. The Jambo Keupok tragedy began with information conveyed by an informant to TNI members that Jambo Keupok Village became the base of the Free Aceh Movement (FAM). International law has provided a solid foundation for effective punishment of perpetrators gross violations of human rights, among others Article 4 of the Convention Against Torture and Other Cruel; In Human or Degrading Treatment or Punishment and According to Article 17 paragraph (1) of the Rome Statute of 1998, the government's responsibility regarding gross human rights violations in Jambo Keupok Aceh proceeded very slowly. This is influenced by 2 main things, namely: there is no official recognition in the Indonesian government that the event was a gross human rights violation and the second because of the Aceh tsunami disaster. After the Aceh tsunami, the Indonesian government has carried out reconciliation. Finally, in 2023, the Government of Indonesia, in this case, President Jokowidodo has determined that the Jambo Keupok Aceh incident is a gross human rights violation.

Embargo Terhadap Negara Dalam Keadaan Darurat Dan Pemenuhan Hak Asasi Manusia Marthin Ellon Hattu; Popi Tuhulele; Richard Marsilio Waas
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11778

An embargo is an international legal sanction in the form of prohibiting or restricting the import and export of goods or services between countries. This is triggered by conflicts made by a country where some embargo countries hope that this embargo policy can force other countries to want to jointly resolve conflicts that occur in a country that makes conflicts, The armed conflict that occurred in Syria under the Al-Assad regime caused many Syrians to be tortured and killed for demanding reforms, so that America and European Union countries implemented and imposed sanctions embargoes on the Syrian government. Article 41 of the Charter of the United Nations authorizes the UN Security Council to implement nonmilitary measures, including embargoes, in an effort to maintain or restore international peace and security. The purpose of this study is to analyze and determine the treatment of embargoes on countries in emergencies that can be qualified as violations and determine the legal impact of embargoes on the fulfillment of human rights, The research method used by the author is normative law using statutory, conceptual and case approaches. The results of this study show that the use of Embargo sanctions against countries in emergencies qualifies as a violation of human rights, because it can worsen the condition of civil society and also the embargo in an emergency has violated the provisions of international law in the Universal Declaration of Human Rights of 1948 which in that provision explains the inherent rights of human beings.

Hukum Udara Internasional Dalam Kasus Salah Tembak Pesawat Komersial Ukraina Akibat Penembakan Iran Ditinjau Dari Hukum Internasional Dan Konvensi Chicago 1944 Domas Tomaula; Irma Halima Hanafi; Wilshen Leatemia
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11779

International air law is a collection of regulations made only by a country, which originates from agreements made not only between one country but two or more countries. This agreement can be written and implemented, namely by having a common understanding based on history, so that it has become a common habit that must be accepted. The research method used is normative juridical. Using problem approaches such as the conceptual approach, statutory approach and case approach. Meanwhile, the sources of legal materials used are primary, secondary and tertiary sources of legal materials. The collection of legal materials was carried out by means of a literature study, then analyzed qualitatively. The results of the research show that the regulations for the shooting down of commercial aircraft have been regulated based on International Air Law and the 1944 Chicago Convention article 1 and article 3 bis, countries whose airspace is passed by civil aircraft must guarantee the safety of civil aircraft by establishing a no-fly zone if something is happening in the country's airspace and it is not possible for civil aircraft to pass through as well as providing clear flight navigation so as to guarantee the safety and security of civil aircraft passing through the country's airspace. Iran's form of responsibility for shooting down planes in war is regulated in the 1944 Chicago Convention and other conventions. Iran must take full responsibility for this shooting because it did not establish a no-fly zone when in conflict. In the future, it is necessary to emphasize state responsibility for international civil aviation routes and increase cooperation with various parties so that safety and security in international flights can be achieved.

Peran Association Of South East Asian Nations (ASEAN) Dalam Menyelesaikan Sengketa Laut China Selatan Sarah Nursyifa M Nusa; Irma Halima Hanafi; Popi Tuhulele
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11782

ASEAN as a regional organization whose members include most of the countries involved in this dispute, has an important role in trying to reduce tensions and maintain stability in the region. There are provisions in the 1982 Law of the Sea Convention regarding the reclamation of the PRC which has given rise to various interpretations. The court found that there was no historical evidence that China controlled and dominated natural resources alone in the South China Sea. It was also found that China has caused serious damage to the coral reef environment by building artificial islands. Although ASEAN is not a party directly involved in this dispute, the organization has an important role in helping manage the conflict and promoting norms of behavior that are binding on all parties involved. The research method used is normative juridical research. The problem approach method used is the Law approach, Concept approach and Case approach. The use of legal source materials consists of primary and secondary legal materials to discuss problem formulation. The research results show that: The mechanism for resolving disputes within the Association of South East Asian Nations (ASEAN) is carried out peacefully through dialogue, consultation and negotiation. Member countries involved in a dispute can resolve the dispute using good offices, conciliation or mediation mechanisms. Second, ASEAN's role in resolving South China Sea disputes involving third countries through the development of a Code of Ethics in the South China Sea (COC), which began with the signing of the Declaration on the Zone of Peace, Freedom and Neutrality (ZOPFAN) for recognition and respect as a zone. peace, freedom and neutrality by external powers while expanding cooperation. So it is hoped that ASEAN can make further efforts specifically so that this issue can have a binding agreement between all countries concerned in these regions.

Perlindungan Hukum Bagi Pengemudi Online Yang Mengalami Kerugian Akibat Orderan Fiktif Pada Layanan GrabFood Faldi Rumasoreng; Theresia Louize Pesulima; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11784

PT. Grab Indonesian collaborates with partners or drivers to enter into partnership agreements known in Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises. In accordance with Article 1 Number 13 of Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises confirms that the legal relationship between the two parties becomes a partnership relationship. But in this perspective, it cannot be said that the regulation can protect partners or drivers. This can be seen in fact there are still people who abuse the Grab application by making bookings that can harm partners or drivers if the booker does not pay in full for the ordered order using the COD (Cash On Delivery) transaction pattern or cash payment. This study used normative juridical research motede. This research is carried out by examining library materials or secondary data with conceptual and legislative approaches then the data is analyzed qualitatively and conclusions are drawn deductively, which is based on basic principles. The results of this study show that: 1) The legal consequences of fictitious order actions can be seen in two forms; First, from the form of unlawful acts. Where the perpetrator acts differently than required in terms of carrying out fictitious ordering actions by ordering food on GrabFood services. Second, from the form of default, where the perpetrator has committed acts of negligence and deliberate acts of fictitious ordering on GrabFood services. 2). The form of protection carried out by PT. Grab Indonesia one of them is providing forms of responsibility between the parties in the content of the partnership agreement in accordance with applicable laws and regulations. Then the responsibility of PT. Grab Indonesia as a business actor adheres to the principle of responsibility based on the element of error, where there is a fictitious order on the GrabFood service resulting in losses for the driver or drivers. So in order to compensate, the driver only gives.

Tanggung Jawab PT. Telkom Indonesia (Persero), Tbk Atas Layanan Jasa Indonesia Digital Home Anggi Safitri Sutan Syafli; Theresia Louize Pesulima; Ronald Fadly Sopamena
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11785

In Law Number 8 of 1999 concerning Consumer Protection and Book III of the Civil Code concerning Binding which regulates the agreement relationship involving one party and the other party in order to obtain a legal certainty for the losses that will be experienced in the future, but in the case of network disruptions in PT Telkom's Indihome service, there have been internet interruptions in the Indihome service for several days and made consumers feel disadvantaged. This makes consumers question the responsibility of PT Telkom in handling the problem of internet interference. The research method used is juridical, namely research on legal rules, norms and principles based on laws and regulations, which are related to the problems studied. The type of research used is Descriptive Analysis on the grounds that the results used from the literature study are then analyzed and discussed using the flow of discussion systematically in several chapters. And the sources of legal material are Primary, Secondary and Tertiary. As well as legal material collection techniques using literature studies, analysis of legal materials using qualitative methods. The results showed that PT Telkom Indonesia, Tbk has a legal position if PT Telkom Indonesia, Tbk acts as a victim in this case, but in the case studied by the author, it is the consumer who is the victim in this problem where the consumer can report PT Telkom Indonesia, Tbk if the consumer meets the requirements to submit a request to the court in accordance with the meaning of legal position. And PT Telkom Indonesia, Tbk can be responsible for implementing a service level guarantee, which is an obligation of PT Telkom Indonesia, Tbk to consumers, which starts with PT Telkom Indonesia, Tbk resolving consumer problems within one month in accordance with applicable regulations, but if within one month PT Telkom Indonesia, Tbk cannot resolve the problem, PT Telkom Indonesia, Tbk is required to compensate consumers. The reason PT Telkom Indonesia, Tbk is responsible for the losses suffered by consumers is because Indihome is a subsidiary of PT Telkom Indonesia, Tbk.

Tanggung Jawab Pengedar Film Yang Diunggah Pada Aplikasi Tiktok Tanpa Izin Pemegang Hak Cipta Merlin Magdalena Kaya; Teng Berlianty; Ronald Saija
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11786

At present, many film business actors easily obtain information through social media that develops among the public, especially film. This has been regulated in the Civil Code, Law No. 28 of 2014 concerning Copyright, Law No. 33 of 2009 concerning film and Law No. 19 of 2016 concerning amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions. However, there are still many people who violate and do not know about the regulations that have been made. The research method used is normative legal research method. The problem approach used is a statutory approach and a conceptual approach. The legal materials used include primary, secondary, and tertiary legal materials. Management and analysis of legal materials are carried out with qualitative analysis techniques to answer problems. Based on this research, the perpetrators of unlicensed film dealers have fulfilled the elements of violations in the legislation, it can be concluded that the actions committed by the perpetrators of unlicensed film dealers on the Tiktok Application have committed illegal acts intentionally or unintentionally. The responsibility for the perpetrator of the movie dealer is to compensate for actions that cause harm to others.

Keabsahan Peralihan Harta Warisan Berdasarkan Surat Keterangan Wasiat Jimmy Joseph; Jenny Kristiana Matuankotta; Mahrita Aprilya Lakburlawal
PATTIMURA Law Study Review Vol 1 No 2 (2023): Desember 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i2.11787

The position of the heirs in the distribution of inheritance based on a testamentary certificate must be in accordance with the position of the heirs based on the law and the will, so the heirs are only those from the family who have the closest blood relationship to the heirs according to the law. Relating to the consequences of a legal action or event that can have legal consequences for that person or other people. In relation to his will, the legal effect on the heirs is that the testament made by Mrs. SS as intended in this writing can result in being null and void because because it is not valid it cannot apply. A testamentary statement cannot be called a will because it was not made before or entrusted to a notary as regulated in the Civil Code. So that the transfer of inherited assets from the heir to the heirs is an inheritance according to law or ab intestato inheritance. This research method is a descriptive normative legal research method. Which consists of research types, the problem approach taken is a statutory approach and a conceptual approach, legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials, procedures for collecting legal materials, and finally processing and analysis of legal materials. The results of the research show that the certificate of will made by the testator in terms of the definition of a will in Article 875 of the Civil Code and interviews with notaries regarding the meaning of a certificate of will have the same purpose in that they both explain the will of someone who will die, however The difference is that a will or testament is a deed if it is defined as a document made in accordance with the provisions regulated by law, by or in the presence of an authorized public official at the place where the deed is made. Thus, the certificate of will as referred to in this case is not a will because it was not made by and/or in the presence of an official, it was made by the testator and heirs, so it cannot be called a will. A testamentary statement made by the testator cannot be said to be a will or invalid. So the legal consequence in the case that has been explained is that the certificate of will is null and void, he does not exist because based on the certificate of will made by the heir some of the heirs did not receive their share or right to inherit.

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Muchtar A H Labetubun

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Maluku

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muchtar A H Labetubun

Contact Email mahlabetubun@gmail.com

Phone +6285243175321

Journal Mail Official jurnalpalasrev@gmail.com

Editorial Address Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.

Location Kota ambon, Maluku INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Muchtar A H Labetubun

Contact Email
mahlabetubun@gmail.com

Phone
+6285243175321

Journal Mail Official
jurnalpalasrev@gmail.com

Editorial Address
Ruang PATTIMURA Law Study Review, Lantai 2 Fakultas Hukum Universitas Pattimura, Kampus Unpatti, Jl. Ir. M. Putuhena Kampus Poka, Ambon, Maluku 97233, Indonesia.

Location
Kota ambon,

Maluku

INDONESIA