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All Journal Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Unes Law Review Journal of Law Science Jurnal Suara Hukum TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review AIWADTHU: Jurnal Pengabdian Hukum PATTIMURA Legal Journal Bacarita Law Journal PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri Matakao Corruption Law Review BAMETI Customary Law Review
Salmon, Hendrik
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Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Sanggah Banding dalam Sistem Peradilan Tata Usaha Negara Salmon, Hendrik
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 50, No 2 (2016)
Publisher : Faculty of Sharia and Law - Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/asy-syir'ah.2016.502-12

Abstract

Peningkatan Kapasitas Pemerintah Negeri dan Saniri Dalam Pembentukan Peraturan Negeri Di Negeri Hila, Kecamatan Leihitu, Kabupten Maluku Tengah Pattinasarany, Yohanes; Salmon, Hendrik; Singkery, Michael Rolando
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 1, Maret 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i1.1871

Abstract

Introduction: State Regulations are written regulations stipulated by the head of the state government after being discussed and agreed upon with the state officials as the legal basis for implementing government at the state level, including in Hila State. To form a good state regulation that can apply effectively in society, a system of formation is needed that can support its formation from the preparation and program development stage, the design stage, discussion to promulgation, to the enforcement or implementation stage in society. In reality, this condition has not been able to be realized well in the countries in Central Maluku district, including in Hila Country, Leihitu District, Central Maluku Regency, so in this trial the following problems were identified: (1) To what extent is the understanding of the State Government and Saniri of Hila Country in forming State Regulations. (2) Factors that influence the State and Saniri governments of Hila State in forming State regulations?.Purposes of Devotion: The aim of this service is to transfer knowledge through training in drafting State Regulations to the State Government, Saniri State and the people of Hila State.. Method of Devotion: The service method is empirical, with the initial approach carried out through coordination with the State Government and Saniri Negeri for the service team to carry out the process of introducing the activities to be carried out and their correlation with government administrators in the State.Results of the Devotion: The results of the trial show that the State Government and Saniri of Hila State do not yet understand the exercise of authority in forming State Regulations as the legal basis governing the exercise of state authority, both authority based on rights of origin and local scale authority of the country, as well as government affairs assigned by the government or regional government. There are three important factors that are the main reasons why the state government and saniri of Hila state have not been able to form their own state regulations. The factors referred to are First, the Human Resources factor, the absence of assistance by the regional government, or government agencies, including universities, is a factor in determining the program.
Akibat Hukum Apabila Pekerja Outsourcing Tidak Mendapatkan Perlindungan Hukum Haurissa, Yeheskel; Salmon, Hendrik; Pattipawae, Dezonda Rosiana
Bacarita Law Journal Vol 4 No 2 (2024): April 2024 BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v4i2.12745

Abstract

Legal protection for outsourced workers or workers is very necessary considering that the position of workers or laborers is in a lower or weaker position. Protection of workers or laborers is intended to guarantee the fulfillment of workers' basic rights and guarantee equality of opportunity and non-discriminatory treatment on any basis to create prosperity for workers or laborers. The purpose of this research is to examine and analyze the legal consequences if outsourced workers do not receive legal protection. The research method used is normative juridical research, namely research in the field of law which aims to examine legal principles, legal rules and legal systems. The legal materials used are primary legal materials and secondary legal materials. The problem approaches used in this research are the statutory approach and the conceptual approach. The research results show that the weaknesses contained in providing protection to workers/laborers or outsourced workers who work with the PKWT system include, among others, weaknesses in the legal substance; Weaknesses related to employment agreements; Weaknesses of Companies Providing Outsourced Workers/Labor Services. Legal consequences if outsourced workers do not receive legal protection: 1) The flexibility of outsourcing can trigger the practice of modern slavery; 2) Decreasing long-term job security and the number of permanent workers; 3) Vulnerability of workers' guarantees and rights.
Interpretasi Hukum Mutatis Mutandis Dalam Pembentukan Peraturan Daerah Latuny, Jhon Alberth; Salmon, Hendrik; Mustamu, Julista
PAMALI: Pattimura Magister Law Review Vol 4, No 2 (2024): JULI
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i2.2078

Abstract

Introduction: In the formation of regional regulations, one must look at the needs and existence of the region by prioritizing community welfare as an instrument in implementing regional regulations. This results in the formation of regional regulations having to be based on regional needs, not on legal rules, bearing in mind that application mutatis mutandis is the basis in seeing that need.Purposes of the Research:  This writing aims to determine the study of mutatis mutandis legal interpretation in the formation of regional regulations. Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique for collecting legal materials is through literature study and then analyzed through perspective using qualitative methods.Results of the Research: With the interpretation methods used such as literal, historical, systematic, teleological interpretation, or comparison with other laws. So that the formation of regional regulations by applying the mutatis mutandis principle becomes the main point in the formation of regional regulations based on more specific community needs, bearing in mind that this is useful for speeding up and making efficient the process of forming regional regulations.
Penyalahgunaan Wewenang Dalam Pengangkatan Pejabat Pimpinan Tinggi Hatta, Dodi Fahtur Mutttaqim; Salmon, Hendrik; Alfons, Saartje Sarah
PAMALI: Pattimura Magister Law Review Vol 4, No 1 (2024): MARET
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v4i1.1332

Abstract

Introduction: The appointment of a high-level official, namely the Regional Secretary by the Governor according to his authority as stipulated in laws and regulations, is a form of implementation of the principle of legality in the rule of law principle.Purposes of the Research:  This study aims to find out whether the governor has the authority to appoint acting regional secretary, and whether the actions of the governor of Maluku to appoint acting regional secretary of Maluku are legal actions.Methods of the Research: This study uses the normative legal research method, which aims to find out whether the governor has the authority to appoint acting regional secretary, and whether the actions of the Maluku governor who appointed the acting regional secretary of Maluku are legal actions.Results / Findings / Novelty of the Research: The Governor as the representative of the Central Government in the regions has the authority to appoint Acting Regional Secretary with the approval of the Minister of Home Affairs if the Regional Secretary is unable to carry out his duties and there is a vacancy in the position of Regional Secretary. Therefore, the Governor cannot appoint an Acting Regional Secretary if there is no vacancy in the position of Regional Secretary. The appointment of the Acting Regional Secretary by the Governor of Maluku did not meet the procedural and substance requirements because Kasrul Selang as Regional Secretary could not be dismissed from his position before 3 February 2022. This means that the dismissal of Kasrul Selang on 10 December 2021 clearly resulted in the appointment of the acting regional secretary not meeting the requirements.
Legalitas Pelantikan Kepala Pemerintah Negeri Berdasarkan Peraturan Daerah Kota Ambon Nomor 10 Tahun 2017 Tentang Pengangkatan, Pemilihan, Pelantikan dan Pemberhentian Kepala Pemerintah Negeri Jeanerry Muriany, Bringelia; Salmon, Hendrik; Mustamu, Julista
UNES Law Review Vol. 6 No. 3 (2024): UNES LAW REVIEW (Maret 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1854

Abstract

A traditional country of course has a Head of State Government or more often called a King, a King is a child of a Traditional State who is appointed or elected from the Mata Rumah Parentah to lead the State, Ambon City Regional Regulation Number 10 of 2017 concerning Appointment, Election, Inauguration and dismissal of the Head of State Government is the basis of the rules that serve as a reference in the implementation of obtaining a Head of State Government, but often in carrying out customary mechanisms, both appointment, election and inauguration, it is not in accordance with regional regulations, which of course gives rise to legal consequences. Purposes of the Research : This research aims to determine and analyze the legality of the inauguration of the Head of the State Government based on Ambon City Regional Regulation Number 10 of 2017 concerning the Appointment, Election, Inauguration and Dismissal of the Head of the State Government Methods of the Research : This writing uses normative research methods, with the problem approach used being the statutory approach, conceptual approach, historical approach and case approach. The sources of legal materials in this writing are primary, secondary and tertiary legal materials. The technique for collecting legal materials uses library research which is then analyzed qualitatively to answer the problems being studied. Results/Findings/Novelty of the Research : The results of this research show that the legality of an inauguration of a head of state government must be based on applicable regional regulations, Ambon City Regional Regulation Number 10 of 2017 concerning the appointment, election, inauguration and dismissal of heads of state government, but the legality of the inauguration of heads of state government is not only about the inauguration mechanism. appropriate but also from previous procedures, both appointment and election, if the appointment or election process is carried out incorrectly, it will of course have an impact on the process of inaugurating the head of the state government so that it will give rise to legal consequences that must be accepted, namely the cancellation of the inauguration of the head of the state government, the appointment of temporary officials, demands law, administrative sanctions, government instability and even community losses
Gugatan Citizen Lawsuit Dalam Sistem Hukum Di Indonesia Solissa, Ferdinan Rifaldi; Salmon, Hendrik; Lakburlawal, Mahrita Aprilya
PATTIMURA Law Study Review Vol 2 No 1 (2024): April 2024 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v2i1.13678

Abstract

ABSTRACT: A citizen lawsuit is a lawsuit mechanism known in the common law legal system, in which citizens file a lawsuit against the state in the name of the public interest to sue the state for acts of opposition or violation committed by the state for failing to fulfill its legal obligations. The purpose of a citizen lawsuit is to protect citizens from the possibility of losses experienced by citizens, based on negligence or negligence on the part of the state. In the Indonesian legal system itself, citizen lawsuits have not been clearly regulated in Indonesian law, be it Supreme Court regulations or other laws and regulations in Indonesia. So far, citizen lawsuit cases in Indonesia have been used by judges using articles 5 and 10 of the Law. Law 48 of 2009 concerning Judicial Power The problems raised by the author are: What is the position of citizen lawsuits in the legal system in Indonesia, m. The research method used is normative juridical, the research type is descriptive analytical, the legal materials used are primary, secondary and tertiary. The technique for collecting legal materials uses library research and is then analyzed using qualitative methods. The research results show that the position of citizen lawsuits in the Indonesian legal system refers to previous judge's decisions which have become jurisprudence.
Responsibility of the state assets and auction services office (Kpknl) in the lawsuit for the implementation of the auction for the execution of mortgage rights Nauw, Vernando Anderson William; Salmon, Hendrik; Lekipiouw, Sherlock
Journal of Law Science Vol. 6 No. 3 (2024): July : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i3.5178

Abstract

The role of the auction is quite large in meeting the needs of the community, with the principles of fairness, transparency / openness, legal certainty, accountability, and efficiency to provide another way of buying and selling at the best price which is characterized by competition between enthusiasts or prospective buyers. This research uses qualitative methods with primary data types. The results showed that the implementation of the auction by the KPKNL was in accordance with the Regulation of the Minister of Finance No. 213 /PMK.06/2020 concerning guidelines for the implementation of auctions, but there are still obstacles, namely auction participants do not understand the requirements of auction documents, lawsuits are made by the parties. debtors or owners of collateral and auction objects are less in demand by the public. The occurrence of a lawsuit by the parties is caused by a party who feels aggrieved in the implementation of the auction carried out. The lawsuit material that is often disputed by the parties is Unlawful Acts through the District Court and requests for cancellation of Legal Products resulting from the implementation of auctions, namely Minutes of Auction through the State Administrative Court (PTUN).The author's advice to the KPKNL to increase the intensity of communication with the community so that the public does not hesitate to participate in KPKNL auction activities
Keabsahan Tindakan Gubernur Maluku Menunjuk PT Bumi Perkasa Timur Sebagai Mitra Kerja Sama Pemenfaatan Ruko Dikawasan Mardika Salhuteru, James Ricardo; Salmon, Hendrik; Pattinasarany, Johanes
TATOHI: Jurnal Ilmu Hukum Vol 4, No 6 (2024): Volume 4 Nomor 6, Agustus 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i6.2457

Abstract

Introduction: Based on Regional Regulation No. 9 of 2017 stipulates that the determination of cooperation partners for the utilization of regional property is carried out through a tender, not a direct appointment by the Governor. However, the Governor of Maluku made the direct appointment of PT. Bumi Perkasa Timur as a cooperation partner for the use of shophouses in the Mardika area as regional property.Purposes of the Research:  To analyze the legitimacy of the actions of the Governor of Maluku, he appointed PT BUMI PERKASA TIMUR as a Cooperation Partner for the Utilization of Shophouses in the Mardika Area as regional property. To analyze the legal consequences of the actions of the Governor of Maluku, he appointed PT BUMI PERKASA TIMUR as a Cooperation Partner for the Utilization of Shophouses in the Mardika Area as regional property.Methods of the Research: This research uses normative juridical research methods. The research approach used by the author is a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The procedure for collecting legal materials is carried out by means of library research. The legal materials used by the author in this study are primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: The actions of the Governor of Maluku made the appointment of PT. Bumi Perkasa Timur as a cooperative partner in the use of shophouses in the Mardika area is an action that has no validity, because it is not in accordance with the established procedures.
Perlindungan Hukum Bagi Pekerja Di Kota Ambon Tandjung, Meigy; Salmon, Hendrik; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol 4, No 7 (2024): Volume 4 Nomor 7, September 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i7.2468

Abstract

Introduction: Sumber Hidup Hospital Ambon, the system of paying wages to its workers is not going well. The Sumber Hidup Hospital Workers' Union filed a lawsuit against Sumber Hidup Hospital at the Ambon District Court.Purposes of the Research: To find out and analyze the wage system based on Government Regulation Number 36 of 2021 Concerning Wages. To find out that companies are required to apply wages based on Government Regulation Number 36 of 2021.Methods of the Research: This research uses normative juridical research methods. The research approach used by the author is a statutory approach (Statute Approach) and a conceptual approach (Conceptual Approach). The procedure for collecting legal materials is carried out by means of library research. The legal materials used by the author in this study are primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Government Regulation no. 36 of 2021 concerning Wages specifically for Sumber Hidup Hospital workers has not been implemented in practice. particularly in relation to the policy of wages and payment of rights and obligations because there are still many irregularities that occur in the implementation of these Government Regulations. This is evident from the complaints and unrest of the Sumber Hidup Hospital workers where the Sumber Hidup Hospital Foundation as the employer has not paid the workers' wages, so the workers' rights and the employer's obligations have not been fulfilled.
Co-Authors Abdullah Abdullah Bakarbessy, Andress Denny Bakarbessy, Andress Deny Baljanan, Gilbert Marc Hatta, Dodi Fahtur Mutttaqim Haurissa, Yeheskel Jacob, John Tumba Jeanerry Muriany, Bringelia Lainsamputty, Natanel Latuny, Jhon Alberth Lekipiouw, Sherlock Lekipiouw, Sherlock Halmes Mahrita Aprilya Lakburlawal, Mahrita Aprilya Mahu, Muhammad Ridwan Mustamu, Julista Nauw, Vernando Anderson William Nirahua, Salmon Eliazer Marthen Pasalbessy, John Dirk Pattinasarany, Johanes Pattinasarany, Yohanes Pattipawae, Dezonda Rosiana Pintubatu, Meyliana Reunussa, Mahalia Saartje Sarah Alfons Salhuteru, James Ricardo Sandera, Denny Simamora, Raja Arthur Singkery, Michael Rolando Solissa, Ferdinan Rifaldi Tandjung, Meigy Tanner, Juliani Titahelu, Juanrico Alfaromona Sumarezs Widhartama, I Gede