PATTIMURA Legal Journal最新文献

{"title":"Pelaksanaan Gadai Tanah Menurut Masyarakat Adat Madura","authors":"Khomaizah Khomaizah, Merry Tjoanda, Jenny Kristiana Matuankotta","doi":"10.47268/pela.v2i2.10496","DOIUrl":"https://doi.org/10.47268/pela.v2i2.10496","url":null,"abstract":"Introduction: Agricultural land mortgage is the act of transferring land rights to another person which is done clearly and in cash, the party who transfer the title has the right to redeem the land. Than the transfer of land rights to the pawn is temporary. Facts in the field pawn land is done in a customary way, wich causes the mortgage time to last for years. This contradicts which law No. 5 of 1960 agrarian basic regulations and 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. 
 Purposes of the Research: This study aims to analyze the implementation of land pawning in the madurese indigenous people.
 Methods of the Research: The research approach method used is a statutory approach and a conceptual approach. The bahan hukum obtained in the form of primary bahan hukum and secondary bahan hukum and tertiary bahan hukum. This type of research is normative research through literature study. Bahan hukum were analyzed by qualitative analysis by presenting bahan hukum in narrative form. 
 Results Originality of the Research: The results of the study show that the practice of pawning agricultural land in the madurese community continues for years, even to the customary heirs there. And do not follow according to the provisions 7 paragraph 1 of law No. 56 of 1960 the determination of agricultural area. This requires legal protection against the implementation of land pledges that are nt in accordance with artcle 7 of law No. 56 of 1960. The land mortgages that exceed 7 year must be returned to the owner without ransom. As well as legal consequences for the implementation of land pawning without a time limit that occurred in Waru Pamekasan Madura, that can be subject to a 3-mont sanction and or a maximum fine of 10.000.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136035623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Aspek Hukum Surat Tanda Nomor Kendaraan Yang Pajaknya Telah Habis Masa Berlaku Saat Dilakukan Pemeriksaan Oleh Polisi Lalu Lintas","authors":"Patricia Julia Abrahamsz","doi":"10.47268/pela.v2i2.10635","DOIUrl":"https://doi.org/10.47268/pela.v2i2.10635","url":null,"abstract":"Introduction: The ticket is a fine imposed by the police on road users who violate the regulation. Vehicle registration certificate or STNK for short, is proof of registration and ratification of a motorized vehicle based on its registered identity and ownership. Motor Vehicle Tax is a tax levied on ownership and/or ownership of motorized vehicles. 
 Purposes of the Research: The traffic police have the authority to provide evidence of violations (tickets) in the form of confiscating vehicle registration certificates during motor vehicle inspections. What legal policy is followed by motor vehicle users whose Vehicle Registration Certificate has expired. 
 Methods of the Research: This study clearly includes normative legal with secondary data. The main problem in this study obviously is achieved by using a juridical-normative approach. 
 Results Originality of the Research: The results of this study were the police have the authority in terms of traffic violations such as vehicle registration tickets whose taxes have expired. All regulations regarding vehicle registration tickets by the police are regulated in the Traffic and Road Transport Law, Law no. 2 of 2002 concerning the Indonesian National Police and Government Regulation No. 80 of 2012 concerning Procedures for Inspection of Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations. Legal policies that can be carried out include preventive measures that carry out traffic regulation, conduct traffic control, socialize to the public to comply with traffic regulations, increase the number of police facilities and increase patrol escort activities, especially in vulnerable and vulnerable areas. Meanwhile, for repressive efforts, namely by issuing ticket and reprimand.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136035909","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pasal 156 KUHAP Ditinjau Dari Asas Audi Et Alteram Partem","authors":"Oulia Putra","doi":"10.47268/pela.v2i2.9574","DOIUrl":"https://doi.org/10.47268/pela.v2i2.9574","url":null,"abstract":"Introduction: Criminal procedural law is part of criminal law, while the principle of Audi Et Alteram Partem is one part of the criminal procedural law, commonly also known as the principle of balance, in court decisions there is a duplik istila or refutation from the defendant to plaintiff. 
 Purposes of the Research: The purpose of this study is to examine the position of duplik in the practice of criminal procedural law. 
 Methods of the Research: This research uses normative juridical research methods, commonly known as legal materials, normative legal research is a research that examines literature materials in the form of books and laws that have existed before, normative legal research is also known as docrinal legal materials. 
 Results Originality of the Research: The results of this study show that the position of duplik in the trial is very low because it clashes with article 156 of the Criminal Procedure Code which does not justify the existence of duplex in making decisions by judges, so that the defendant through his legal representative cannot file objections and release himself in order to get justice.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136035445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pertanggungjawaban Pidana Terhadap Jabatan Dalam Tindak Pidana Korupsi Pengadaan Barang Dan Jasa","authors":"Grazia Vione Miru, Salmon Eliazer Marthen Nirahua, Hadiba Zachra Wadjo","doi":"10.47268/pela.v2i2.8602","DOIUrl":"https://doi.org/10.47268/pela.v2i2.8602","url":null,"abstract":"Introduction: The element of “abusing authority” is a core part of the corruption offense. 
 Purposes of the Research: Abuse of authority is a form of unlawful act.
 Methods of the Research: The method in this study was carried out using the type of research used was normative legal research. The approach to the problem used in this paper is a statutory approach. The sources of legal materials use Primary Legal Materials and Secondary Legal Materials. The technique of collecting legal materials uses statutory regulations, books and the internet, which is also the technique of managing and analyzing legal materials using qualitative analysis methods.
 Results of the Research: In terms of carrying out the duties and authorities as a definitive official as well as a task-carrying official in the Southwest Maluku district communication and information office, the actions of an official based on the authority attached to his or her position are not necessarily free from legal problems. In order to continue the Runway construction work (Moa airport construction work) sourced from the 2012 Fiscal Year Budget, the defendant PM as a Budget User (PA) and as a Commitment Making Officer (PPK) because his negligence resulted in state financial losses","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136035624","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Efektivitas Penegakan Hukum bagi Pelaku Pertambangan Emas tanpa Izin (Illegal Mining)","authors":"Banta Sulaiman","doi":"10.47268/pela.v2i2.9579","DOIUrl":"https://doi.org/10.47268/pela.v2i2.9579","url":null,"abstract":"Introduction: Illegal Mining is Illegal Mining that is carried out without a permit so that it violates the law. Carrying out illegal mining is the same as committing a crime against State Assets, the purpose of Illegal Mining is Extraction of Natural Resources by the community or company without following operational procedures and government regulations. 
 Purposes of the Research: The aim of the research is to examine the effectiveness of law enforcement against the crime of gold mining without a permit and to find out the obstacles in law enforcement. 
 Methods of the Research: this research was conducted using the Juridical Empirical research method, the data used is the result of facts from the field by interviewing the Nagan Raya Police, Judges of the Suka Makmue Court and Nagan Raya Legal Academics. 
 Results Originality of the Research: The results of the research show that law enforcement against gold miners without permits is not effective. This is evidenced by cases that always exist every year even though law enforcement has been carried out by law enforcement. The obstacle in handling this case was that when an investigation was carried out, the perpetrator had already received information.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"382 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136035443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kebijakan Penanggulangan Prostitusi Online Melalui Media Sosial","authors":"Roygers Samusamu, Jhon Dirk Pasalbessy, Sherly Adam","doi":"10.47268/pela.v2i2.8603","DOIUrl":"https://doi.org/10.47268/pela.v2i2.8603","url":null,"abstract":"Introduction: The existence of a criminal law policy in an effort to combat online prostitution cannot be separated from the existence of cases of online prostitution in Indonesia. 
 Purposes of the Research: The current positive law regulations have not been able to tackle the crime of online prostitution through social media in Indonesia. So it needs to be reviewed in formulating criminal provisions relating to online prostitution to create a better arrangement in the future.
 Methods of the Research: Type of research: normative juridical, the approach used is the statute approach, the conceptual approach, and the case approach. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The technique for reviewing and collecting primary, secondary and tertiary legal materials is to use documentation studies. The data analysis used in normative legal research is qualitative analysis
 Results of the Research: Based on the results of the study, it was found that the concept of online prostitution prevention policies through social media can be overcome with feminist policies so that they can position women according to conditions with criminalization, legalization and decriminalization approaches by eliminating criminal acts of online prostitution through social media based on the socio-cultural background of the Indonesian people and state, while other approaches can also be considered as a policy concept for overcoming the crime of online prostitution through social media. The policy of overcoming the crime of online prostitution through social media has been integrated with criminal law because online prostitution through social media can be handled using criminal law outside the Criminal Code which has a special nature, namely Law Number 21 of 2007 concerning the eradication of criminal acts of trafficking in persons. the shortcomings of the Criminal Code, therefore in an effort to overcome the crime of online prostitution, policies are needed that can provide guarantees and protection to women as perpetrators of online prostitution with various policies and approaches born from socio-cultural values.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136035621","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Urgensi Psikologi Kriminil Dalam Penanganan Kejahatan Jalanan","authors":"Zefanya Fernioren Hetharia, D. Hehanussa, H. Z. Wadjo","doi":"10.47268/pela.v2i1.8724","DOIUrl":"https://doi.org/10.47268/pela.v2i1.8724","url":null,"abstract":"Introduction: Criminal psychology investigates individual behavior, particularly the causes of criminal behavior.   \u0000Purposes of the Research: Analyze and explain the Urgency of Criminal Psychology in handling street crime.   \u0000Methods of the Research: This study uses the Juridical Empirical Legal Research method. Sources of data used are primary data, secondary data, and tertiary data by collecting data through filling out questionnaires, interview methods and literature study and then analyzed based on the theoretical concept approach. \u0000Results Originality of the Research: The findings of this study demonstrate that by understanding the life of criminal psychology, crime as human behavior can be avoided because criminal psychology is the primary psychological basis for criminals, the causes of crime, and prevention, both preventive and repressive as repair or healing efforts. By taking into account psychological and personal factors as well as the reasons people commit crimes, this can also be strengthened by minimizing and accommodating the factors that lead to someone committing street crimes in order to meet limited needs.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129604430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Konsep Filsafat Hukum Menurut Jeremy Bentham","authors":"","doi":"10.47268/pela.v2i1.8678","DOIUrl":"https://doi.org/10.47268/pela.v2i1.8678","url":null,"abstract":"Introduction: If you know Jeremy Bentham in his moral teachings on utilitarianism, it is often said there that the principle of utility he discovered is also used in constructing the concept of law.   \u0000Purposes of the Research: This research aims to find out how the principle of utility becomes the basis for establishing a legal system.   \u0000Methods of the Research: The methods used in this study is a qualitative method with a descriptive and interpretive analysis approach. \u0000Results Originality of the Research: The research results show that the usability test on legal institutions and practices makes the principle of utility a critical instrument for assessing the performance of a legal institution. For Bentham, law is an order from a sovereign power or imperative law. The law must have substance and legal form. Legal substances are certain legitimate (sovereign) legal institutions within the state that are authorized to make and promulgate laws, and that law must be written in law. The legal form in question is codification.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127793164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Persektif Hukum Tentang Penerapan Layanan Hak Tanggungan Elektronik","authors":"Sri Rumada Sihite, Wahdaniah Baharuddin","doi":"10.47268/pela.v2i1.8357","DOIUrl":"https://doi.org/10.47268/pela.v2i1.8357","url":null,"abstract":"Introduction: Electronic mortgage services issued by the ministry of agrarian and spatial planning in connection with the issuance of the 2019 Minister of Agrarian and Spatial Planning/Head of the Indonesian National Land Agency regulation regarding electronic mortgage services. \u0000Purposes of the Research: Is to look at the legal perspective regarding the implementation of electronic mortgage services in the Ministry of Agrarian Affairs and Spatial Planning.   \u0000Methods of the Research: The type of research used is normative empirical research. The nature of this research is descriptive. Source of data used is secondary data. The nature of this research is descriptive analytical research and drawing conclusions using the deductive method. \u0000Results Originality of the Research: The research results show that the harmonization of the rules used in electronic mortgage services between conventional mortgage laws and the latest ministerial regulations is needed for improvement because there are several obstacles found by the authors based on observations in one of the land offices in North Sumatra","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133125774","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penanganan Tindak Pidana Viral: Reduksi Terhadap Asas Legalitas Ke Asas Viralitas","authors":"Muammar Muammar","doi":"10.47268/pela.v2i1.8362","DOIUrl":"https://doi.org/10.47268/pela.v2i1.8362","url":null,"abstract":"Introduction: The handling of a number of criminal cases that have befallen victims and reported to the police, must first meet a number of dead ends. The justice that the victim expects from the case that happened to him must wait until the case goes viral and creates a reaction and public pressure. \u0000Purposes of the Research: This study aims to answer how to reduce and shift the principle of legality to the principle of \"virality\". This is because the handling of viral crimes first and then handled by the police has actually reduced and shifted the position of the principle of legality as the most fundamental principle in Indonesian criminal law.   \u0000Methods of the Research: This study uses a normative research type. The approach used is a case approach, a statute approach and a conceptual approach. \u0000Results Originality of the Research: The results of the study show that the principle of legality as stipulated in Article 1 paragraph (1) of the Criminal Code which emphasizes that there is no act that can be punished without being regulated and stipulated in statutory regulations before the act is committed, has experienced reduction and shifted to nothing. an act that can be punished without going viral first. In other words, the principle of legality has been reduced from no criminal and criminal acts without prior law, to no criminal and criminal acts without going viral first.","PeriodicalId":251089,"journal":{"name":"PATTIMURA Legal Journal","volume":"332 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122756633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}