Pattimura Law Journal
ISSN / EISSN : 2527-7308 / 2527-7316
Published by: Fakultas Hukum Universitas Pattimura (10.47268)
Total articles ≅ 32
Latest articles in this journal
Pattimura Law Journal, Volume 6; https://doi.org/10.47268/palau.v6i2.949
The changes in the global economy have given a benefit to the criminals. They are taking advantage by increasing the flow of goods, money, and people across the world. This reality develops into various threats to national and global interests. One of them is related to terrorism financing and money laundering, which become immortal issues that are needed prevention by cutting the chain of terrorism financing loop through money laundering. In this regard, the FATF has issued the IX Special Recommendations related to funding for terrorism and has been incorporated in the FATF Forty Recommendations on money laundering as a basic framework to find, prevent and eradicate terrorism financing and terrorist acts in general.These particular recommendations have been implemented in the Law of the Republic of Indonesia Number 8 the Year 2010 Regarding Countermeasures and Eradication of Money Laundering. Furthermore, specifically regarding terrorism funding is regulated in Law Number 9 of 2013, which is the right step for Indonesia in participating in fighting terrorist groups and their financing.Therefore, bank and non-bank financial institutions must be aware of the possibility of these institutions being used as a place of money laundering to finance terrorist activities by applying the principles of Know your customer and the regulations of knowing the users.
Pattimura Law Journal, Volume 6; https://doi.org/10.47268/palau.v6i2.948
Violence against women does not only mean physical violence. It is broader and includes sexual, emotional, psychological and financial issues. In fact, in real life women make a lot of positive contributions so that the terms women entrepreneurs, smart women, heroines, and so on are known. Finally, women are still considered and valued negatively in meaning. Moreover, with the patriarchal culture that dominates in Indonesia, women are often the object of violence and complement the sufferers of men. This study used the method of normative. It is called juridical-normative because this paper was aimed to explore the principles of law to solve the problems that would be studied in this paper. The data used was secondary data, in the form of an inventory of positive legal norms in force in Indonesia governing the civil rights of illegitimate children and children's rights. The data was analyzed using qualitative analysis.
Pattimura Law Journal, Volume 6; https://doi.org/10.47268/palau.v6i2.950
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.
Pattimura Law Journal, Volume 6; https://doi.org/10.47268/palau.v6i2.946
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.
Pattimura Law Journal, Volume 6; https://doi.org/10.47268/palau.v6i2.947
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.
Pattimura Law Journal, Volume 5; https://doi.org/10.47268/palau.v5i1.478
The effort of fulfillment over people's food is a constitutional obligation of the State. The development of an increasingly large population can threaten the existence of the tropical wet forest area when opening the land needs of food became imperative. As was the case in East Kalimantan, the area of food land is diminishing because over the function of the land are massive for coal mining and palm oil plantations. This will bring up the feared conditions insistence to open forest areas to agricultural land of food. The Central Government has the authority to make the national policy while the local government is based on the provisions of Division of the authority of Government, have the authority to make policies related to land protection food crop sector ongoing in the area. This article would like to know (1) How is the legal content in the regulation regarding the protection of sustainable food crop lands at the national level; and (2) how is regional can make a regulation of the protection sustainable food crop lands. The method is used the legal research of normative, as well as by the method of analysis is analytic descriptive. Based on the results of the study it was concluded that the regulation of sustainable food crops land protection at the national level has been set in full, but the content of legal protection, there is a weakness in political designation, which allows agricultural lands sustainable food converted as long as there is not determination as a sustainable agricultural lands. In other words, the provision in The Law No 41 Of 2009 On The Protection Of Land For Sustainable Food Plantation, but in substance precisely open up opportunities for the occurrence over the function of the land. there is a regulation on the region level regarding legal protection one of them the Regional Regulation No 1 Of 2013 On The Protection Of Sustainable Agricultural Lands, but contain elements of weakness that requires a determination of the agricultural lands before protection While official functionary who is not determination agricultural location does not get strict sanctions. This is a weakness for the agricultural land which has not been established, although physically it is the agricultural land of food, but because there is no designation then will not be affordable by the regulation of the area.
Pattimura Law Journal, Volume 5; https://doi.org/10.47268/palau.v5i1.476
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.
Pattimura Law Journal, Volume 5; https://doi.org/10.47268/palau.v5i1.477
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.
Pattimura Law Journal, Volume 1; https://doi.org/10.47268/palau.v1i2.91
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.
Pattimura Law Journal, Volume 1; https://doi.org/10.47268/palau.v1i2.93
Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land.Â Ulayat Land is a plot of land that belongs to a group of people in a region.Â Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State.Â The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations.Â Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights.Â The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.