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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 Indonesian Journal of Multidisciplinary Science 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 Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences

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Supervisi Oleh Komisi Pemberantasan Korupsi Dalam Pengambilalihan Perkara Reunussa, Mahalia; Salmon, Hendrik; Titahelu, Juanrico Alfaromona Sumarezs
MATAKAO Corruption Law Review Vol 2 No 2 (2024): November 2024 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.v2i2.19412

Abstract

Introduction: Supervision is an activity of supervision, research or review of agencies authorized to carry out the eradication of criminal acts of corruption in order to accelerate the resolution of the handling of a case. Purposes of the Research: This research aims to analyze the law enforcement process related to the takeover of cases by the Corruption Eradication Commission against Police and Prosecutor's Offices that handle criminal acts of corruption that do not comply with the procedures in the law. Methods of the Research: Method used Normative legal research, research approaches, namely the statutory approach, conceptual approach and case approach. Results of the Research: The results of the research explain that in the context of law enforcement in taking over corruption cases, the procedures in Article 10A of Law no. 19 of 2019, an important process is needed, namely the Judicial Administrative Procedure, to control the performance of investigators to avoid legal irregularities.
Eksistensi Lembaga Adat Dalam Penyelesaian Sengketa Pertanahan Mahu, Muhammad Ridwan; Nirahua, Salmon Eliazer Marthen; Salmon, Hendrik
BAMETI Customary Law Review Vol 1 No 2 (2023): Desember 2023 BAMETI Customary Law Review
Publisher : Pusat Kajian Pesisir dan Masyarakat Hukum Adat Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/bameti.v1i2.12092

Abstract

In customary law communities, disputes have long been resolved by deliberation and consensus through customary institutions known as customary courts. Usually, those who act as judges in these institutions are traditional leaders (customary heads) and religious leaders. The purpose of this study is to determine and analyze the position of customary institutions in resolving land disputes, as well as whether the decisions of customary institutions have binding legal force. This research is a normative juridical research, using a descriptive analytical research type using primary, secondary and tertiary legal sources. The approach used is a statutory approach (Statute Approach), a conceptual approach (conceptual approach) and a case approach (Case Approach). The technique of collecting legal materials uses a literature study which is then analyzed qualitatively in order to answer the problems studied. The position of customary institutions in land disputes as Customary Judicial Institutions used to resolve conflicts that generally occur in customary law communities is by way of dispute resolution outside the court according to the customary law system based on peace and harmony in people's lives. The decisions of the Customary Courts have binding force on the disputing parties, although in the hierarchy of judicial power the decisions of customary judges are not explicitly recognized, but in practice the existence of customary judges decisions is still recognized as long as the customary law community is also recognized and implemented by the disputing parties so that every decisions issued by customary judges are binding on the customary law community concerned.
Legal Force of Administrative Remedies in the Settlement of State Administrative Disputes: Kekuatan Hukum Tindakan Administratif dalam Penyelesaian Sengketa Administrasi Negara Masbait, Putri Julian; Salmon, Hendrik; Pattipawae, Dezonda R.
Rechtsidee Vol. 13 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i2.1082

Abstract

General Background: Indonesia, as a constitutional state, mandates that administrative actions adhere to legal norms, where administrative dispute resolution mechanisms play a vital role in ensuring justice and accountability in governance. Specific Background: The existence of administrative remedies—comprising objections and administrative appeals—serves as a non-judicial mechanism designed to resolve conflicts internally before proceeding to the State Administrative Court (PTUN). However, inconsistencies between Law No. 5/1986, Law No. 30/2014, and Supreme Court Regulation No. 6/2018 have created uncertainty regarding the obligatory nature of these remedies. Knowledge Gap: Limited research has comprehensively analyzed the binding legal force of administrative remedies and their implications for legal certainty and access to justice. Aims: This study aims to analyze the legal force and implications of administrative remedies in resolving state administrative disputes. Results: Findings show that administrative objections generally lack binding legal force and function more as recommendations, while administrative appeals possess stronger but under-implemented authority. Novelty: The research highlights disharmony among the relevant legal frameworks and its effect on the principle of exhaustion of administrative remedies. Implications: Strengthening the effectiveness and accountability of administrative remedies is crucial to enhance access to justice and ensure legal certainty within Indonesia’s administrative law system. Highlights: Examines the inconsistency between laws regulating administrative remedies. Identifies the weak binding power of objections and limited efficacy of appeals. Highlights the need for stronger accountability to ensure access to justice. Keywords: Legal Force, Administrative Remedies, State Administrative Disputes, Legal Certainty, Access to Justice
Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Keberadaan Sertifikat Ganda Tanner, Juliani; Salmon, Hendrik; Pattinasarany, Yohanes
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 1 (2023): Juni 2023 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.v1i1.9905

Abstract

Certificate of land rights as a product of land registration which provides legal certainty and legal protection to persons or legal entities. However, sometimes more than one certificate is issued by the National Land Agency which results in multiple certificates. This writing aims to find out how the legal responsibility of the National Land Agency is for the existence of multiple certificates. This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data obtained by using library research. The results of the study show that the legal responsibility of the land agency if there are multiple certificates is carried out in the form of legal responsibility in the aspects of civil law and administrative law. Legal responsibility in the aspect of civil law, When the land agency issues a certificate resulting in the appearance of multiple certificates which results in a loss to the parties to the said certificate, it is obligatory to compensate for the intended loss. Meanwhile, the legal responsibility of the land agency from the legal aspect of state administration is based on the granting of authority to the land agency to issue certificates of land rights. Every agency or official in exercising authority must be responsible for its implementation. Implementation of legal responsibility from the legal aspect of state administration through the act of canceling the intended certificate. As well as the legal consequences for officials of the national land agency if there is a double certificate, there are sanctions for the land agency official who issues the certificate which results in a double certificate.
Pergantian Antar Waktu Anggota Saniri Negeri Tanpa Usulan Soa Dan Badan Saniri Negeri Rikumahu, Valentino Victor Exel; Salmon, Hendrik; Mustamu, Julista
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 2023 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.v1i2.11439

Abstract

This research was motivated by Central Maluku Regency Regional Regulation Number 04 of 2006 concerning Guidelines for Structuring State Saniri or State Consultative Body. This regulation mandates that members of Saniri Negeri are representatives of genealogical elements of society, in this case Soa, so that Soa has the authority to send representatives as members of Saniri Negeri. This type of research is normative legal research, the problem approach in this research is the statutory approach, and the case conceptual approach, the sources of legal materials are primary legal materials and secondary legal materials, legal materials that have been collected and grouped using a statutory approach, then synchronized with the legal concepts and principles studied to be analyzed normatively to answer the legal issues studied based on the approach used in this research. The results of this research are that the Regent's decision to make interim changes to the members of Saniri Negeri without a proposal from Soa and Saniri Negeri is a decision that does not meet the requirements for the validity of a decision, namely authority, procedure and substance which results in the decision being invalid or can be cancelled.
Penegakan Hukum Administrasi Terhadap Pegawai Lapas Yang Terlibat Penyebaran Narkotika Di Dalam Lapas Kelas II A Ambon Sattu, Mayakarin Fiadolla; Salmon, Hendrik; Tita, Heillen Martha Yosephine
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 2 (2023): Desember 2023 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.v1i2.11496

Abstract

The aim of this research is to analyze and find out about the classification of abuse of authority by Correctional Institution officers who distribute narcotics and to find out disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant Discipline. The research method used is the normative legal type. Based on the results obtained (1) The classification of abuse of authority carried out by correctional institution officers regarding the distribution of narcotics that occurs in prisons, in essence, is that a prison officer has an obligation that he must carry out in prison. (2) Disciplinary sanctions for Correctional Institution officers who distribute narcotics according to Government Regulation Number 94 of 2021 concerning Civil Servant discipline are in the form of lighter disciplinary and administrative sanctions compared to Government Regulation Number 53 of 2010, namely Respectful Dismissal Not at Your Own Request. Where there is still a gap in Government Regulation Number 94 of 2021 concerning Civil Servant discipline for abusers who have civil servant status to receive pension benefits if they meet the criteria.
PENGATURAN PEMILIHAN KEPALA PEMERINTAH NEGERI DI KABUPATEN MALUKU TENGAH H Lekipiouw, Sherlock; Lainsamputty, Natanel; Pattinasarany, Yohanes; Salmon, Hendrik
UNES Law Review Vol. 5 No. 2 (2022)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i2.291

Abstract

ABSTRACT The development of the regional government system has undergone substantial changes with the birth of Law Number 6 of 2014 concerning Villages. The regulation regarding the election of village heads has changed with a simultaneous election mechanism and the candidate who gets the most votes is entitled to be appointed as village head. The purpose of this study is to examine and analyze the regulation by mechanical election in the district of Maluku Tengah which in the Regional Regulation Number 03 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of the Negeri Government whose substance the article on elections still refers to Law Number 32 of 2014 which is no longer valid. The method used in this research is the socio-legal method whose data are taken from the interview process and study of Regional Regulation documents and by using literacy related to the research title.
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)
Publisher : Universitas Ekasakti

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
The Judicial Commission's Supervisory Authority on the Behavior of Constitutional Court Judges Pohwainyaan, Almendo Imanuel; Salmon, Hendrik; Irham, Muhammad
TATOHI: Jurnal Ilmu Hukum Volume 6 Issue 1, March 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v6i1.3253

Abstract

Introduction: Indonesia as a legal state upholds the principle of rule of law based on the 1945 Constitution, has institutions such as the Supreme Court, Constitutional Court, and Judicial Commission (KY) that play an important role in the justice system.Purposes of the Research: The purpose of this paper is to analyze and discuss the authority of the Judicial Commission in supervising constitutional judges and to analyze and explain the mechanism of Judicial Commission supervision of constitutional judges after Constitutional Court Decision Number: 005/PUU-TV/2006.Methods of the Research: The type of research used is normative juridical research. The problem approach used is a statutory approach and a conceptual approach. Sources of legal materials are primary legal sources and secondary legal materials. Procedures for collecting legal materials through literature studies. Processing and analyzing legal materials qualitatively.Findings of the Research: The results showed that to achieve a good and ideal judicial system, it can be realized by maintaining the objectivity and integrity of decisions and the behavior of judges in the judicial power, but currently the position and authority of the Judicial Commission (KY) as an external supervisory institution of the judiciary is still very weak due to restrictions by the Constitutional Court Decision Number: 005/PUU/IV-2006 and a narrow interpretation of the 1945 Constitution, so to answer the needs of the community, it is necessary to revise Law Number 18 of 2011 to explicitly emphasize the authority of KY in supervising all judges, including constitutional judges. KY must also be recognized as a state institution that is equal to the Supreme Court and the Constitutional Court in the Indonesian constitutional system, in accordance with the principle of checks and balances, to ensure effective, transparent and accountable supervision.
Legal Certainty for the Fena Customary Law Community Following the Establishment of South Buru Regency (A Study of Buru Regency and South Buru Regency) Mangemba, Toufik; Salmon, Hendrik; Bakarbessy , A.D.
Indonesian Journal of Multidisciplinary Science Vol. 5 No. 7 (2026): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v5i7.1279

Abstract

This study examines the issue of legal certainty for the Fena customary law community following the establishment of South Buru Regency in Indonesia. The background of this research is rooted in the mismatch between historically formed customary territories, particularly Regenschaap and Fena, and newly defined administrative boundaries resulting from regional expansion policies. This discrepancy has created legal ambiguity regarding the recognition, authority, and governance of customary institutions. The objective of this research is to analyze the extent to which legal certainty is affected and to propose solutions for harmonizing customary and administrative systems. The study employs a normative legal research method, utilizing primary legal materials such as the 1945 Constitution and statutory regulations, as well as secondary sources including legal literature and scholarly works. Data are collected through document analysis and interpreted using qualitative normative approaches. The results reveal that inconsistencies between customary structures and administrative jurisdictions lead to overlapping authority, unclear leadership legitimacy, and potential conflicts in governance. The discussion highlights the need for formal recognition of Regenschaap, clear mapping of customary territories, and inter-regional coordination mechanisms. In conclusion, strengthening legal certainty requires integrating customary law systems into formal legal frameworks while preserving their sociocultural legitimacy.
Co-Authors Abdullah Abdullah Andress Deny Bakarbessy Bakarbessy , A.D. Bakarbessy, Andress Demy 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 Mangemba, Toufik Masbait, Putri Julian Muhammad Irham Mustamu, Julista Nauw, Vernando Anderson William Nirahua, Salmon Eliazer Marthen Pasalbessy, John Dirk Pattinasarany, Johanes Pattinasarany, Yohanes Pattipawae, Dezonda R. Pattipawae, Dezonda Rosiana Picauly, Benjamin Carel Pintubatu, Meyliana Piris, Hendry John Pohwainyaan, Almendo Imanuel Reunussa, Mahalia Rikumahu, Valentino Victor Exel Rugebregt, Revency Vania Saartje Sarah Alfons Salhuteru, James Ricardo Salim, Rivaldy Sandera, Denny Saptenno, Marthinus Johanes Sattu, Mayakarin Fiadolla Simamora, Raja Arthur Singkery, Michael Rolando Solissa, Ferdinan Rifaldi Sukma, Rooslia Tandjung, Meigy Tanner, Juliani Tita, Heillen Martha Yosephine Titahelu, Juanrico Alfaromona Sumarezs Titaley, Paulus Walla, Ghufran Syahputera Widhartama, I Gede