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All Journal Justitia et Pax Unes Law Review TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum Refleksi Hukum: Jurnal Ilmu Hukum LUTUR Law Journal PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Pattinasarany, Yohanes
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Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Keabsahan Kebijakan Pemerintah Kabupaten Seram Bagian Barat Mengenai Pemilihan Kepala Desa Adat Secara Serentak Chelsy Sahertian; Jemmy Jefry Pietersz; Yohanes Pattinasarany
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: The West Seram Regency Government Makes a Policy Regarding the Simultaneous Election of Village Heads which also involves Traditional Villages whose governance arrangements should be based on intestinal origin rights and local customary law.Purposes of the Research: The purpose of this paper is to analyze the authority of the West Seram Regency Government in making the policy of selecting the traditional village head simultaneously and to analyze the validity of the policy of the West Seram Regency Government to make the simultaneous election of the traditional village head. Methods of the Research: The research method used is normative juridical, the problem approach used in the research is the statutory and conceptual approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials carried out in this study was library research, then analyzed using qualitative methods.Results of the Research: Based on the research, the policy carried out by the regional government of the western part of Seram Regency to conduct the election of the traditional village head simultaneously has no validity because the provisions of the legislation do not give the local government the authority to conduct the election of the traditional village head simultaneously. However, when the West Seram Regency Regional Regulation No. 11 of 2019 concerning Villages was stipulated, which in Article 3 caused problems in the customary law community in the West Seram district, because the villages as mentioned in Article 3 by the customary law community were customary villages or Therefore, the actions of the regional government of the West Seram Regency make and stipulate the provisions of Article 3 of Regional Regulation No. 11 of 2014 concerning Villages, which stipulates that 92 customary lands or villages become villages is an act of erasing and not recognizing and respecting the country as a traditional village in the West Seram district, which has received recognition in the provisions of Article 18B paragraph (2) of the 1945 Constitution which regulates that the State recognizes and respects customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia, which are regulated by law.
Keabsahan Pemberhentian Tidak Dengan Hormat Bagi PNS yang Melakukan Tindak Pidana Korupsi Nur Tanachi Mardan; Jemmy Jefry Pietersz; Yohanes Pattinasarany
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Abstract

Introduction: This research is motivated by Law Number 5 of 2014 concerning State Civil Servants. One of the provisions in the Law is regarding the dishonorable dismissal of civil servants. So that, the Ambon Mayor Decree Number 298 of 2019 was issued concerning for committing a criminal act of occupation or a criminal act related to his position, which was aimed at dismissing one of the civil servants within the scope of the Ambon City area.Purposes of the Research: This writing aims to identify and analyze the validity of the issuance of the Mayor of Ambon Decree Number 298 of 2019, fulfilling the validity requirements of the decision.Methods of the Research: The method used in this research is the type of normative juridical research method, the type of descriptive analytical research, the source of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials. Legal Material Analysis and Legal Material Analysis Methods.Results of the Research: The results show that the Ambon Mayor's Decree Number 298 of 2019 does not fulfill the legal requirements of a decision, namely the procedural aspect. So that the legal consequence is canceled or can be canceled.
KEPASTIAN HUKUM KASASI PERKARA TATA USAHA NEGARA YANG DIKELUARKAN OLEH PEJABAT DAERAH Yohanes Pattinasarany
Refleksi Hukum: Jurnal Ilmu Hukum Vol 6 No 2 (2022): Refleksi Hukum: Jurnal Ilmu Hukum
Publisher : Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24246/jrh.2022.v6.i2.p203-224

Abstract

Cassation in state administrative cases is a legal remedy against judex factie court decisions, but not all judex factie court decisions can be appealed. There are restrictions on the cassation of state administrative cases as stipulated in Article 45A paragraph (2) Letter c of Law No. 5 of 2004 concerning Amendments to Law No. 14 of 1985 concerning the Supreme Court, that state administrative cases that are exempt from legal proceedings for cassation are state administrative cases whose object of a lawsuit is a decision issued by a regional official whose decision range is valid in the region concerned. However, there is a cassation decision on state administrative case no. 174 K/TUN/2013, the object of which is the Mayor's Decree concerning the Ratification of the Village Head, and the Cassation Decision on State Administrative Cases No. 176 K/TUN/2020, of which the object of the lawsuit is the Regent's Decree concerning the Ratification of the Head of the State Government (customary village head). The two cassation decisions belong to the category of state administrative cases, which are limited to legal cassation because the two objects of the lawsuit are the decisions of the regent and mayor, who are regional officials. The scope of the regent and mayor's decision also only applies to the area concerned and does not apply. In other places, the cassation decisions of the two cases in question do not provide legal certainty to the limitation of cassation in administrative cases. In addition, those decisions may have legal consequences that they will eliminate the implementation of cassation in State administrative cases and give rise to the right for each party to appeal even though the filing of the lawsuit is issued by a regional official and the scope of its application is only in the region.
PENGATURAN PEMILIHAN KEPALA PEMERINTAH NEGERI DI KABUPATEN MALUKU TENGAH Sherlock H Lekipiouw; Natanel Lainsamputty; Yohanes Pattinasarany; Hendrik Salmon
UNES Law Review Vol. 5 No. 2 (2022): UNES LAW REVIEW (Desember 2022)
Publisher : LPPM Universitas Ekasakti Padang

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.
Keabsahan Perubahan Status Hukum Desa Werwawan Menjadi Dusun Werwawan Di Kabupaten Maluku Barat Daya Daniel Palpialy; Salmon Eliazer Marthen Nirahua; Yohanes Pattinasarany
LUTUR Law Journal Vol 3 No 2 (2022): November 2022 LUTUR Law Journal
Publisher : Program Studi Hukum Diluar Kampus Utama Universitas Pattimura Kabupaten Maluku Barat Daya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/lutur.v3i2.10319

Abstract

The transfer of the village government center from Werwawan Village to Letoda Hamlet without going through a legal product, namely a Regional Regulation. This research is a normative juridical research, and then examines and knows the answers to this problem through a concept approach, statutory approach and case approach, then from the results of the description conclusions and suggestions can be drawn. The results showed that the formation of Letoda Hamlet to become an autonomous village and the transition of legal status from Werwawan Village to a hamlet were not in accordance with the substance and legal procedures in force, including the discretion of the Deputy Regent of West Southeast Maluku to the Head of Letoda Village to move the government administration center from Werwawan Village to Letoda Hamlet which was then accompanied by Letoda Hamlet to become an autonomous village and Werwawan Village to become a hamlet which did not have legal validity and had no binding legal force and the transition of legal status from Werwawan Village to Werwawan Hamlet had no legal status. Legal amendments in the concept of administrative law, material/factual actions and legal actions taken by the Deputy Regent of West Southeast Maluku which have implications for Letoda Hamlet becoming an autonomous village and Werwawan Village becoming a hamlet in principle are government actions that are not based on law so that there are legal consequences of the government's actions so that legal actions can give rise to legal consequences administratively and therefore Letoda Hamlet which has become an autonomous village and Werwawan Village which has become a hamlet does not have legal validity so it can be annulled.
PERAN PEMERINTAH DAERAH DALAM PENETAPAN BATAS-BATAS NEGERI Yohanes Pattinasarany
SASI Vol 21, No 2 (2015): Volume 21 Nomor 2, Juli - Desember 2015
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v21i2.187

Abstract

Local government district or city should play a role in facilitating, action determination andassertion of boundaries between the countries that are within the administrative area ofadministration in order to clarity and legal certainty regarding the boundaries of each country, so as to prevent conflicts between countries as a result of claim petuanan (Indigenous People rights) of the land area of the country to another, as well as measures to identify the establishment of the country as indigenous villages
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.
Kelayakan Konstruksi Bangunan Trotoar di Kota Ambon Tomia, Niati; Nendissa, Renny Heronia; Pattinasarany, Yohanes
TATOHI: Jurnal Ilmu Hukum Vol 3, No 11 (2024): Volume 3 Nomor 11, Januari 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v3i11.2105

Abstract

Introduction: Sidewalks are road support facilities as stipulated in Law no. 22 of 2009 concerning Road Traffic and Transportation. The availability of sidewalks must provide safety and comfort for pedestrians passing through.Purposes of the Research: The purpose of writing this thesis is to find out and analyze (1) Does the sidewalk building in Ambon City meet the construction feasibility requirements in the provisions of laws and regulations.? and (2) What are the legal consequences if the sidewalk building does not meet the construction feasibility standards in the ptovisions of the legislations.?  Methods of the Research: The type of research used in this study is normative juridical legal research, namely legal research conducted by examining library materials or secondary materials which consist of primary legal materials and secondary legal materials. These materials are arranged systematically, studied, then a conclusion is drawn in relation to the problem under study.Results of the Research: The results and discussion show that the construction of sidewalks in the city of Ambon does not meet the feasibility standards for the construction of sidewalks as stipulated in the Regulation of the Minister of Public Works Number 03/PRT/M/2014 concerning Guidelines for Planning, Provision and Utilization of Infrastructure and Facilities for Pedestrian Networks and Urban Areas, and Decree of the Director General of Highways No. 74/KPTS/Db/1999, Date, 7 December 1999 Concerning Ratification of One Technical Guideline of the Directorate General of Highways. Of course, this condition has legal consequences as stipulated in Article 44UU No. 28 of 2002 concerning Buildings in which there are administrative sanctions in the form of a) Written warning; b) Restrictions on development activities; c) Temporary or permanent suspension of construction implementation work; d) Temporary or permanent suspension of building use; e) Freezing of building construction permits; f) Revocation of building construction permit; g) Freezing of the certificate of proper function of the building h) revocation of the certificate of proper function of the building; or i) an order for the demolition of a building. 
Implikasi Hukum Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Terhadap Eksistensi Negeri Di Kabupaten Maluku Tengah Pattinasarany, Yohanes; Pattipawae, Dezonda Rosiana; Lainsamputty, Natanel
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2501

Abstract

Introduction: The consequences of the enactment of Law no. 6/2014, requires legal adjustments to be made at the regional level of Central Maluku Regency, as a basis for administering state government, one of which is related to the designation of the State as a traditional village.  UU no. 6/2014 requires the regional government of Central Maluku district to organize the customary law community unit and declare it a state with the legal form of regional regulations as stipulated in Article 98 paragraph (1) of Law no. 6/2014 which regulates that Traditional Villages are determined by Regency/City Regional Regulations.Purposes of Devotion: This Community Service is in order to provide input and solutions as well as legal education, especially regarding the Legal Implications of Law Number 6 of 2014 concerning Villages on State Existence in Central Maluku Regency, including Hatumete State, Tehoru District, Central Maluku Regency, Maluku Province. Method of Devotion: The method used is legal counseling to the community and action to villages and customary villages that are partners in service.Results of the Devotion: Legal implications of Law no. 6 of 2014 regarding the countries in Central Maluku district, including Hotumesse Country, requires legal legalization of the existence of the country as a form of traditional village whose governance system is based on origin rights and customary law. Structuring the customary law community unit by paying attention to: (a) the history of the Customary Law Community; (b) Indigenous territories; (c) Customary law; (d) assets and/or customary objects; and (e) traditional government institutions/systems. The act of structuring customary law community units as an instrument for establishing the country as a form of traditional village whose extension is recognized through Law no. 6 of 2014. However, the state government and state saniri as well as the people of Hotumesse State do not yet have an understanding of the rights and authority of the State or traditional villages as regulated by Law no. 6 of 2014.
PEMBAHARUAN PERATURAN DAERAH PASCA BERLAKU UNDANG-UNDANG DESA TAHUN 2014 DALAM MENJAGA EKSISTENSI NEGERI DI KABUPATEN MALUKU TENGAH: Indonesia Pattinasarany, Yohanes; Lainsamputty, Natanel; Pattipawae, Dezonda Rosiana
Justitia et Pax Vol. 40 No. 2 (2024): Justitia et Pax Volume 40 Nomor 2 Tahun 2024
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v40i2.8120

Abstract

Law No. 6 of 2014 stipulates 2 (two) types of villages, namely villages and customary villages. Negeri is one form of customary village in Central Maluku Regency. Law No. 6 of 2014 requires the district/city government including the Central Maluku Regency government to determine customary villages. The determination of customary villages is carried out after the arrangement of customary law community units has been carried out. However, for almost 9 (nine) years since the enactment of Law No. 6 of 2014, the Central Maluku Regency Government has not taken any legal legitimizing action regarding the existence of negeri as a form of customary village. For this reason, the problem that will be studied in this writing is what are the legal implications for the existence of negeri after the enactment of Law No. 6 of 2014. The type of research chosen in studying the substance of this research is normative legal research, with the approach of Law No. 6 of 2014 and implementing regulations as the basis for the study in answering the renewal of Regional Regulations in maintaining the existence of Negeri in Central Maluku Regency. This study shows that the legal implications for the existence of the country after the enactment of Law No. 6 of 2014 are that the Central Maluku Regency Government must legitimize the existence of the country as a form of traditional village through the arrangement of customary law community units and designated as a country. The arrangement of customary law community units is carried out by the customary law community unit arrangement committee formed by the Regent. The identification results are determined by the Regent's decision as the basis for the formation of regional regulations on the determination of the country. In reality, the determination of customary law community units have not been carried out by the local government. This condition causes the existence of the country to have no legal legitimacy. In addition, the Central Maluku Regency Government must also update various regional regulations as the legal basis for the implementation of the country government in Central Maluku Regency.
Co-Authors Andress Deny Bakarbessy Bakarbessy, Andress Denny Baljanan, Gilbert Marc Bulohroy, Flora Tiabetris Celsa Chelsy Sahertian Daniel Palpialy Firmansyah, Mohamad Z H Lekipiouw, Sherlock Harjuna, Dian Adinda Hatuluayo, Rasyid Hendrik Salmon Holle, Erick Stenly Jemmy Jefry Pietersz Karels, Alessandro Imanuel Caesarea Karels Lainsamputty, Natanel Lawalata, Carmel Rafaela Lekipiouw, Sherlock Halmes Lelapary, Elfira Louhenapessy, Revally Matitaputty, Merlien Irene Mustamu, Julista Natanel Lainsamputty Nendissa, Renny Heronia Nirahua, Garciano Nur Tanachi Mardan Pattipawae, Dezonda Rosiana Picauly, Benjami Carel Puru, Silvia Yuniwati Rumalean, Suwardi Salmon Eliazer Marthen Nirahua Salmon, Hendrik Samangun, Warnesy Atayen Sedubun, Victor Juzuf Sherlock H Lekipiouw Singkery, Michael Rolando Soplanit, Miracle Suneth, Safar Supusepa, Reimon Suwakul, Rian Tanda, Nunung Ramadan Tanner, Juliani Tomagola, Jihan Tomia, Niati