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Pattimura Law Journal
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  This is an Open Access Journal Open Access journal
ISSN (Print) 2527-7308 - ISSN (Online) 2527-7316
Published by U of Pattimura Homepage  [1 journal]
  • Extradition In Criminal Justice System Related To Foreign Jurisdiction

    • Authors: Jan Samuel Maringka
      Pages: 79 - 97
      Abstract: On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
      PubDate: 2017-03-01
      Issue No: Vol. 1, No. 2 (2017)
       
  • Monopoly of State-Owned Enterprise of Social Justice

    • Authors: Rory Jeff Akyuwen
      Pages: 98 - 117
      Abstract: 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.
      PubDate: 2017-03-01
      Issue No: Vol. 1, No. 2 (2017)
       
  • Constitutional Basis for the Civil Rights of Illegitimate Children

    • Authors: Bernadeta Resti Nurhayati
      Pages: 118 - 130
      Abstract: The specification of children into "legitimate children" and "illegitimate children" is well-known legally and socially. Illegitimate children suffer discrimination because of their status. In law, they only have their mothers and mother's family. Although there has been a Constitutional Court Decision No. 046 / PUU-VIII / 2010, but it does not automatically raise the dignity of illegitimate children. On the other hand Law No. 24 of 2014 has made the children who were not born from a marriage by religion lose their rights to be recognized. This paper was aimed to find the constitutional basis for the civil rights of illegitimate children as the basis to provide the civil rights for illegitimate children so that their civil rights are protected.The method used in this paper was normative.Based on the review, there is a constitutional basis to provide the protection to the civil rights of illegitimate children.
      PubDate: 2017-03-01
      Issue No: Vol. 1, No. 2 (2017)
       
  • Ulayat Right of Customary Law Community

    • Authors: Adonia Ivonne Laturette
      Pages: 131 - 144
      Abstract: 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. Ulayat Land is a plot of land that belongs to a group of people in a region. 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. 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. 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. 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.
      PubDate: 2017-03-01
      Issue No: Vol. 1, No. 2 (2017)
       
  • Counter Measures Criminal Act Of Narcotics

    • Authors: Mohammad Arief Amrullah, Revency Vania Rugebregt
      Pages: 145 - 157
      Abstract: Narcotics crimes that are part of organized crime are essentially one of crimes against development and crimes against social welfare that are central to national and international concerns and concerns. It is very reasonable, given the scope and dimensions so vast, that its activities contain features as organized crime, white-collar crime, corporate crime, and transnational crime. In fact, by means of technology can be one form of cyber crime. Based on such characteristics, the impacts and casualties are also very wide for the development and welfare of the community. It can even weaken national resilience.
      PubDate: 2017-03-01
      Issue No: Vol. 1, No. 2 (2017)
       
  • Implication Of Protection And Fulfillment Of Women's Political Rights
           Through Affirmative Action Policy

    • Authors: Nur Asikin
      Pages: 158 - 172
      Abstract: One group of citizens who because of the conditions require special treatment is women. Without special treatment or affirmative action, women will not be able to access the protection and fulfillment of their constitutional rights because of the differences and distinctions generated and perpetuated by the structure of patriarchal society. The protection and fulfillment of constitutional rights without special treatment will tend to maintain discrimination against women and unable to achieve justice
      PubDate: 2017-03-01
      Issue No: Vol. 1, No. 2 (2017)
       
 
 
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