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All Journal Rechtsidee 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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Journal : SASI

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Construction of The Distribution of Government Authorities Salmon, Hendrik
SASI Volume 29 Issue 2, June 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i2.1353

Abstract

Introduction: The concept of dividing government affairs into de-centralization and co-administration has a long history in Indonesian constitutional records.Purposes of the Research: One of the issues regarding the constitutionality of regional government which has become a space for academic debate after the publication of Law Number 23 of 2014 is related to the concept of dividing government affairs between government structures. Moving on from the perspective of State Administrative Law and Administrative Law, the analysis will be directed at the parameters used to construct the division of authority between government structures based on executive power or based on the authority established by the constitution.Methods of the Research: The research method in this paper uses a normative juridical research type, namely the process to find the rule of law, legal principles and legal doctrine to answer the legal issues faced. By using the research approach statue approach (approach of Act), conceptual approach (conceptual approach), philosophical approach and sociological approach as a supporting approach.Results of the Research: Amendments to the 1945 Constitution, especially the second amendment regarding the concept and pattern of division of government, have indicated that a centralized government will actually be a threat to disintegration, so that strengthening decentralization is not weakening Indonesianness but an effort to strengthen it. In other words, the choice to use the concept of autonomy as broadly as possible should be understood as a way to build a just balance of central and regional power relations. The regional government law has reduced the essence of the concept of deconcentration where previously it was only carried out by the Governor, now it is also carried out by the Regent/Mayor, in such a concept, the problem is how to juxtapose the decentralization method with other methods such as deconcentration and assistance and institutional tasks for the three the principle.
Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions Pattipawae, Dezonda Rosiana; Abdullah, Abdullah; Salmon, Hendrik; Lainsamputty, Natanel
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.730

Abstract

Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body
Co-Authors Abdullah Abdullah Bakarbessy, Andress Denny Bakarbessy, Andress Deny Baljanan, Gilbert Marc H Lekipiouw, Sherlock 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 Masbait, Putri Julian Mustamu, Julista Nauw, Vernando Anderson William Nirahua, Salmon Eliazer Marthen Pasalbessy, John Dirk Pattinasarany, Johanes Pattinasarany, Yohanes Pattipawae, Dezonda R. Pattipawae, Dezonda Rosiana Pintubatu, Meyliana Reunussa, Mahalia Rikumahu, Valentino Victor Exel Saartje Sarah Alfons Salhuteru, James Ricardo Sandera, Denny Sattu, Mayakarin Fiadolla Simamora, Raja Arthur Singkery, Michael Rolando Solissa, Ferdinan Rifaldi Tandjung, Meigy Tanner, Juliani Tita, Heillen Martha Yosephine Titahelu, Juanrico Alfaromona Sumarezs Widhartama, I Gede