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Salmon, Hendrik
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Rekomendasi Badan Pengawas Pemilihan Umum Kepada Komisi Pemilihan Umum Dalam Menangani Pelanggaran Pemilu Pasca Penetapan Hasil Perolehan Suara Secara Nasional Baljanan, Gilbert Marc; Salmon, Hendrik; Lekipiouw, Sherlock Halmes
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 2 (2024): Desember 2024 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v2i2.16333

Abstract

Election administration violations, based on article 460 of the Election Law, Bawaslu has a maximum working time of 14 days to issue recommendations or decisions. Bawaslu's recommendations must be followed up by the KPU by issuing a decision letter no later than 3 days, as explained in Article 462. This problem occurs when the national vote results have been determined, then any dispute that occurs becomes the domain of the Constitutional Court. However, if a violation of election administration is found or reported, it must be followed up and decided by Bawaslu because it is based on article 454 paragraph 6 of the Election Law. The problem discussed by the author is Bawaslu's recommendation to be followed up by the KPU to change the determination of vote acquisition and the legal consequences that will be given if Bawaslu's recommendation is not followed up by the KPU. This writing uses a normative juridical research type, with a statutory regulation approach, a conceptual approach and a case approach.The research results show that regarding the legal force of Bawaslu's recommendation to change the vote tally, Bawaslu certainly has that legal force, because it is not legally prohibited. In connection with the follow-up to Bawaslu's recommendations to the KPU regarding violations of election administration, if the recommendations given by Bawaslu are not followed up by the KPU, they will be faced with various consequences, namely that the KPU can be reported by Bawaslu because it is related to the election organizer's code of ethics.
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.
Tanggung Jawab Gubernur Dalam Penanganan Konflik Sosial Pada Negeri Kariuw Dusun Ori Negeri Pelauw Kecamatan Pulau Haruku, Kabupaten Maluku Tengah Simamora, Raja Arthur; Salmon, Hendrik
Jurnal Saniri Vol 4, No 2 (2024): Volume 4 Nomor 2, Mei 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i2.2249

Abstract

Conflict in society certainly conflicts with the identity or identity of the Indonesian nation, namely unity in diversity, and conflict can even result in disruption of national and local stability and obstruction of national and regional development. The government has a responsibility to handle social conflicts so as to create a safe, peaceful, and peaceful community life. The governor's responsibility in handling the conflict between Kariuw State and Pelauw State is not only to prevent re-conflict but also to resolve the conflict at the root of the problem. This paper uses a normative research method, namely research that focuses on providing a systematic explanation that regulates a certain category. The problem approaches used as study material are the statutory approach and the conceptual approach. Collecting legal materials through primary legal materials is then linked to secondary legal materials. The results of the research show that the responsibility of the Governor of Maluku in handling social conflicts that occurred between Kariuw and Pelauw is part of handling social conflicts on a cross-district/city scale, through actions to prevent, stop, and select conflicts, but the Governor of Maluku does not take responsibility into account. This resulted in the Maluku Governor ignoring his legal obligations in handling the conflict. This results in the problem in question not being resolved at the root of the problem. Even though the conditions between Kariuw Country and Ori Hamlet are now calm, there is no conflict. However, a calm situation does not mean that the conflict between the two groups has been resolved to the root of the problem, because handling conflict between the two countries is not only about preventing re-conflict but also resolving the conflict at the root of the problem
Sanksi Terhadap Pelanggaran Izin Pengelolaan Sampah Pintubatu, Meyliana; Salmon, Hendrik; Pattipawae, Dezonda Rosiana
Jurnal Saniri Vol 4, No 1 (2023): Volume 4 Nomor 1, November 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i1.1911

Abstract

Increasing population and increasing community life activities in Ambon City, which results in more and more waste generation. The increase in the volume of waste is directly proportional to the increase in population. Waste management still relies on the final approach, namely waste is collected, transported and disposed of to the final processing site.Based on the description above, the issues that will be discussed are how to apply sanctions to violations of waste management permits and what are the legal consequences if sanctions are not applied to violations of waste management permits. The research used in this paper is normative legal research.The results of the research show that the government issued a Waste Management Law, in the law it states that everyone who carries out waste management business activities must have a permit from the local government. The Regional Regulation explains that everyone who carries out waste management business activities must have a permit from the regional head according to their authority. Law Number 18 of 2008 concerning Waste Management Article 17 paragraph (1), (2), (3). Ambon Mayor Regulation Number 39 of 2018 concerning Enforcement of Administrative Sanctions Against the Granting of Waste Management Permits. Article 2 paragraph (1). Regional Regulation Number 11 of 2015 concerning Waste Management Article 32 (1), (2), (3). The Ambon City Government issued Ambon Mayor Regulation Number 39 of 2018. As in the General Hospital in Tulehu and Siloam Hospital. The permit granted to Siloam Ambon Hospital for waste management seems to have not been implemented properly in accordance with the existing permit, there is a violation in the waste disposal process where waste originating from the hospital is dumped into the sea. Meanwhile, the General Hospital in Tulehu disposes of waste carelessly.
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
The Legality of the Maluku Governor's Action in Mutating Doctors Between Hospitals Tanner, Juliani; Salmon, Hendrik; Bakarbessy, Andress Denny
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2062

Abstract

Introduction: There are often problems regarding the mutation of doctors between hospitals in the Maluku Province area carried out by the Governor of Maluku. The action of the Governor of Maluku to carry out the mutation caused a reaction of rejection from the mutated doctors and a number of mutation personnel and members of the Provincial Regional House of Representatives, because it was considered contrary to the provisions of laws and regulations. Purposes of the Research: The purpose of this writing is to analyze the legality of the Maluku Governor's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province, and the Legal Consequences if the Governor of Maluku's Action of Mutating Doctors Between Regional General Hospitals of Maluku Province Does Not Have Legality.Methods of the Research: The research method in this writing is normative legal research. The approaches used in this study are the laws and regulations approach, the conceptual approach, and the case approach.Results Main Findings of the Research: The results of the study show that the Governor of Maluku transfers doctors between hospitals without a basis for authority, because there is no delegation of authority from the President as the holder of the highest power in the development of the State Civil Apparatus. This is evidenced by the absence of Government regulations or Presidential Regulations or Provincial Regulations that regulate the delegation of authority from the President to the Governor of Maluku for the mutation in question. Similarly, mutation is carried out through a mutation procedure for mutation planning for a minimum of 2 (two) years and a maximum of 5 (five) years. Mutation is carried out on the basis of the suitability between the competence of Civil Servants and the requirements of the position, position classification and career pattern, taking into account the needs of the organization, there should be no conflict of interest in the implementation of mutations. For this reason, the mutation of the Governor of Maluku to transfer doctors between hospitals is without authority, and not in accordance with procedures and substance so that it does not have legality, so it has legal consequences in question as invalid. The action of the Governor of Maluku is considered non-binding since it was established and all legal consequences that arise are considered to have never existed, because the mutation carried out by the Governor is null and void for the sake of the law.
The Role of Law and Human Rights in the Formation of State Institutions: A Comparative Study of Indonesia and Nigeria Salmon, Hendrik; Jacob, John Tumba
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p218-244

Abstract

An efficient state institution, grounded in law and human rights, serves as the primary pillar for political stability and sustainable development, as evidenced by the comparison between Indonesia and Nigeria, two countries that face similar challenges despite their distinct historical backgrounds. This study aims to examine the role of law and human rights in the development of state institutions in both Indonesia and Nigeria, as well as to identify the similarities and differences in how these principles are applied in each nation. The research uses a normative legal approach, incorporating statutory, conceptual, and comparative methods to assess the regulations, legal concepts, and the application of law and human rights in the formation of state institutions in both countries, utilizing primary, secondary, and tertiary legal materials analyzed qualitatively. The results indicate that law and human rights play a significant role in shaping state institutions in both Indonesia and Nigeria, despite their differing legal systems. Indonesia follows the 1945 Constitution, emphasizing the separation of powers and the establishment of the National Commission on Human Rights (Komnas HAM), while Nigeria operates under the 1999 Constitution with a presidential and federal system, along with the creation of the National Human Rights Commission (NHRC). Both nations encounter common challenges, such as weak law enforcement and social inequality, which impede the effective integration of human rights into governance. As a result, strengthening human rights institutions and implementing structural reforms are essential to achieving more inclusive and equitable governance.
Kebijakan Penegakan Hukum Terhadap Kepemilikan Senjata Api Ilegal Sandera, Denny; Pasalbessy, John Dirk; Salmon, Hendrik
PATTIMURA Legal Journal Vol 1 No 2 (2022): Agustus 2022 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (766.475 KB) | DOI: 10.47268/pela.v1i2.6335

Abstract

Introduction: Distribution and use of a firearms illegally in Maluku during social conflict in the last few years is often cause many problems. Because after the conflict, a fight between village often use a firearm. Since the conflict in 1999, the use of firearms both organic and local homemade, widely circulated in the community. Purposes of the Research: Examine the legislation approach on law enforcement againts illegal possesion of firearms in the Maluku Regional Police juridiction and the constraints that faced. Methods of the Research: This research is juridical normative, using various primary and secondary legal materials. Data analysis is descriptive qualitative. Results Originality of the Research: Lew enforcement againts firearms possesion and abuse crime done by oleh Maluku Regional Police in the form of preemptive, preventive and repressive acts. In the law enforcement, Maluku Regional Police not always done enforcement, but also applying discression by freeing from legal sanction for the owner of the firearms that willing voluntarily to gave the firearms that they have. The constraints faced in the law enforcement was internal (lack of personnel, equipment and facilities, lack of officers knowledge supervision) and external (regulation are no longer appropriate, wide area, weak coordination and society cooperation).
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 : UINSunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v50i2.244

Abstract

Sistem peradilan tata usaha negara sebagai suatu upaya administrasi yang dilakukan sebagaimana ditentukan dalam Undang-Undang Peradilan Tata Usaha Negara. Bertolak dari hal ini bahwa dalam pengadaan barang dan jasa banyak menimbulkan persoalan hukum yang perlu ditempuh dengan upaya hukum. Perpres Nomor 54 Tahun 2010sebagaimana dirubah dengan Peraturan Presiden Nomor 70 Tahun 2012, hingga perubahan mengenal adanya upaya sanggah banding yang dilakukan oleh pihak yang merasa tidak puas dengan penetapan panitia lelang. Oleh karena itu, keputusan sanggah banding dilakukan oleh panitia lelang melalui pejabat yang berwenang dapat dilakukan ke jenjang peradilan administrasi. Dengan demikian bahwa sanggah banding ini bisa tidaknya dilakukan ke peradilan tata usaha negara. Masalah yang diangkat dalam penelitian ini berkaitan dengan legalitas keputusan sanggah banding menurut ketentuan Perpres No 54 Tahun 2010 serta perubahannya dan keputusan sanggah banding menurut ketentuan Perpres No 54 Tahun 2010 serta perubahannya, dapat digugat di Peradilan Tata Usaha Negara, dimana bahan hukum primer maupun bahan hukum sekunder dianalisis dengan menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Hasil penelitian ini menunjukkan bahwa Legalitas keputusan sanggah banding menurut ketentuan Perpres No 54 Tahun 2010 merupakan suatu proses yang dilakukan untuk mendudukan hukum sebagaimana posisisnya. Oleh karena itu, bahwa sanggahan banding dalam pengadaan barang jasa dilakukan karena peserta lelang tidak puas dengan jawaban sanggahan yang dberikan oleh ULP/peserta lelang. Dengan demikian peserta lelang melakukan sanggahan banding dan dikeluarkan keputusan sanggahan banding oleh Menteri/Kepala lembaga/ kepala daerah/Pimpinan Institusi/Pejabat yang berwenang. Hal ini mengacu pada undang-undang peradilan tata usaha negara, bahwa keputusan pejabat dapat diajukan ke peradilan tata usaha negara. Untuk itu perlu sanggahan banding dapat dilakukan upaya ke pengadilan tata usaha negara untuk menjawab kepastian hukum.
Competence of The Court In Adjudicating Corruption Cases Committed By Officials Based On Discretionary Authority Widhartama, I Gede; Salmon, Hendrik; Mustamu, Julista
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9053

Abstract

Introduction: Discretion As freedom of acting or making decisions from authorized and authorized state administration officials in their own opinion in government practices, the use of discretion should not be worried about by government officials. Aside from being a principle in carrying out government functions, discretion also has a strong legal basis based on the Government Administration Law that concerns the policy not a few that are processed and charged with the Corruption Criminal Act, so that officials are trapped as corruptors because of their duties attached to positions That. But that does not mean that the judge is free to make a decision. Ethics and morals are the commonly known judges. In Indonesia, maybe what is meant is the code of ethics and guidelines for judges produced by the Supreme Court and the Judicial Commission. So as to minimize the use of wrong discretion authority which results in the problem of criminal acts of corruption. Purposes of the Research: This writing aims to find out the legitimacy of establishing a new high court in the islands. Methods of the Research: The research used by the author is a normative juridical research type. The procedure for collecting legal materials is carried out by conducting library research on legal materials, namely primary, secondary and tertiary legal materials. Then the legal material that has been obtained is analyzed qualitatively. Results of the Research: The results obtained are the Legitimacy of the Formation of a New High Prosecutor's Office in the Islands, to minimize the obstacles faced by the islands in fighting for people's rights.
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