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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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Journal : PATTIMURA Law Study Review

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Legalitas Pelaporan Kepada Anggota DPRD Dalam Menyampaikan Pendapat Tomagola, Jihan; Supusepa, Reimon; Pattinasarany, Yohanes
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19735

Abstract

The statement made by the Chairman of Commission IV of the Maluku Regional People's Representative Council (DPRD), Samson Atapary, regarding the findings of the 2022 Maluku Provincial Scout Movement Regional Scout Movement (Kwarda) grant funds amounting to Rp. 2.5 billion fictitious amounts, and allegedly the PDI Perjuangan politician said that the management of the grant funds was managed by the Chairman of the Maluku Kwarda, Widya Pratiwi Murad and treasurer Ritha Hayat, resulted in the representative of the West Seram constituency being reported to the Maluku Police, Saturday (22/07/2023) this afternoon. The reporters who visited the Maluku Police office in Tantui came en masse. They consisted of elements of youth leaders, DPD KNPI Maluku, community leaders, traditional leaders and Upulatu from the Leihitu Peninsula, whose purpose was to report Samson Atapary for his statement which according to them had defamed Widya Pratiwi Murad Ismail. This research uses normative research methods conducted with a legislative approach, conceptual approach, and case approach. The sources of legal materials used are primary, secondary, and tertiary legal materials. The techniques for collecting legal materials and analyzing legal materials in the research include reading and reviewing various types of literature relevant to the research issues and directly related to the problems being studied. The DPRD in carrying out its duties and authorities as mentioned, the DPRD has the rights as regulated in Law Number 17 of 2014.Regarding the People's Consultative Assembly, the House of Representatives, the Regional Representative Council, and the Regional House of Representatives, have the following rights: (a). The right to interpellation (b) The right to inquiry (c) The right to express opinions.
Kewenangan Melakukan Pengawasan Pembangunan Konstruksi Speed Bump Pada Jalan Tanda, Nunung Ramadan; Pattinasarany, Yohanes; Nirahua, Garciano
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19743

Abstract

The construction of speed bumps regulated in the Regulation of the Minister of Transportation Number 14 of 2021 concerning Amendments to the Regulation of the Minister of Transportation Number 82 of 2018 concerning Road User Control and Safety Devices, this supervisory authority is carried out to ensure that the construction of speed bumps is in accordance with the technical standards set out in the regulations. However, the construction of speed bumps is not in accordance with the regulations, making it difficult for motorized vehicle drivers to drive. For this reason, this paper examines 2 issues, namely which institution has the authority to supervise the construction of speed bumps on roads, how to supervise the construction of speed bumps on roads in Ambon City. Research method used is normative juridical, using a legislative approach, a conceptual approach, and a case approach. The law used is decision studies, journals, and internet media. The results of the study show that supervision of the construction and installation of speed bumps is the responsibility of several related institutions, depending on the location and type of road concerned. The local government, through the public works department or transportation department, has the authority to regulate and supervise the construction of speed bumps on local and regional roads. The installation of speed bumps must comply with the provisions stipulated in the Regulation of the Minister of Transportation Number 82 of 2018 concerning road user control and safety devices. Speed ​​bumps that do not meet the provisions can be subject to criminal sanctions. Therefore, the importance of supervision from the authorized institution to supervise speed bumps is the transportation department, which must obtain permission from the local transportation department.
Keabsahan Pengangkatan Anak Piara Mantan Raja Sebagai Kepala Pemerintah Negeri (Desa) Firmansyah, Mohamad Z; Bakarbessy, Andress Denny; Pattinasarany, Yohanes
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19745

Abstract

Article 3 paragraph (2) of the Malteng Regional Regulation No. 1 of 2006 stipulates that "the position of the head of the State government is the right of certain families/descendants based on a straight line and cannot be transferred to other parties except in special matters determined based on the results of the deliberations of the family/descendants who are entitled to the State Saniri. It is reaffirmed in Article 3 paragraph (1) of the Regional Regulation of Central Maluku Regency Number 3 of 2006 concerning Procedures for the Nomination, Election and Inauguration of the Head of State Government stipulates that "The position of the Head of State Government is the right of certain heads of the house/descendants to determine based on the deliberation of the heads of the houses/descendants. This type of research is Empirical Juridical, In this study the approach used in solving the problem is by using the empirical juridical approach method, the data that has been collected is analyzed qualitatively whose decomposition is systematically arranged based on legal disciplines to achieve clarity of the problem to be discussed. The results of this study show that the position of the Head of State Government is the right of the family/descendants of the parentah, as stipulated in the provisions of Article 3 Paragraph (1) of the Malteng Regional Regulation No. 3 of 2006 which stipulates that the position of the Head of State Government is the right of the family/descendants to determine based on the deliberation of the family/descendants. Therefore, the appointment of the former king's son as the head of the government has no validity, for this reason the appointment of Muhammad R. Fahlefi Ely as the Head of the Assilulu State Government has no validity. The appointment of Muhammad Fahlevi Ely as the Head of the Assilulu State Government in an authoritative manner is not in accordance with the mandate of the Central Maluku Regency Regional Regulation No. 1 of 2006 and the Central Maluku Regency Regional Regulation No. 3 of 2006, where Muhammad R. Fahlefi Ely is the Son of the Former King and not based on the descendants of the family in a straight line, therefore due to the law of the appointment of Muhammad Fahlevi Ely as the Head of the Assilulu State Government does not have validity, and is considered null and void, as formulated in Article 70 Paragraph of Law Nomor 30 of 2014.
Pengawasan Pemerintah Daerah Terhadap Tempat Penjualan Rokok Karels, Alessandro Imanuel Caesarea Karels; Pattinasarany, Yohanes; Singkery, Michael Rolando
PATTIMURA Law Study Review Vol 3 No 1 (2025): April 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i1.19750

Abstract

Supervision of cigarette sales is one form of implementation of health policies in order to protect the public from the negative impacts of tobacco consumption. The Indonesian Constitution has emphasized that health is a human right as stated in Article 28H of the 1945 Constitution of the Republic of Indonesia. In addition, further regulations regarding the security of tobacco products have been outlined in Law Number 17 of 2023 concerning Health and Government Regulation Number 109 of 2012 and Government Regulation Number 28 of 2024. However, in reality, the supervision carried out by the Ambon City government has not been running well, the circulation of cigarette sales is increasing in Ambon City with the presence of more and more business actors, this indicates that the government's supervision has not been running optimally. The research used by the author is empirical juridical research. Procedures for collecting legal materials by conducting research in the form of interviews and observations as well as literature studies on legal materials, namely primary legal materials and secondary legal materials. Then the legal materials that have been obtained are analyzed descriptively-qualitatively. The results obtained are that the implementation of supervision by the regional government of cigarette sales places in Ambon City is still not running optimally. Although regulations have regulated cigarette control, weak implementation and lack of supervision have caused the regulations to be ineffective. Various violations of the provisions that have been set continue to occur without any significant action from the regional government so that the Legal Consequences of the Regional Government Not Supervising Cigarette Sales Places in Ambon City, increasing numbers of novice smokers, and decreasing the effectiveness of tobacco control policies in Ambon City.
Tanggung Jawab Pemerintah Dalam Melakukan Pengawasan Sertifikasi Label Halal Di Derah Harjuna, Dian Adinda; Lekipiouw, Sherlock Halmes; Pattinasarany, Yohanes
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.21264

Abstract

Indonesia as a country with a majority Muslim population has a high need for halal products. Halal certification and labeling not only serve as a religious guarantee, but also as a form of legal protection for consumers in ensuring the safety and authenticity of products. This study aims to analyze the form of responsibility of the government, both central and regional, in supervising halal label certification and the legal consequences if these responsibilities are not carried out. This research uses a normative juridical method with a legislative approach, a conceptual approach and uses primary and secondary legal materials. The results of the study show that the government has supervisory responsibilities in two forms: preventive supervision carried out before the product is circulated and repressive supervision after the product is circulated. This supervision is carried out by BPJPH in collaboration with LPH, MUI, and local governments. If supervision is not carried out, there is a potential for the circulation of non-halal products that have been labeled halal, causing public unrest and violations of the law. The government may be subject to administrative and criminal sanctions based on applicable regulations. Therefore, sustainable, transparent, and accountable supervision is needed to ensure the halalness of products and the protection of the rights of Muslim consumers, as well as as the implementation of the principles of good governance.
Wewenang Pemerintah Daerah Dalam Upaya Penanganan Konflik Sosial Antar Desa Suneth, Safar; Pattinasarany, Yohanes; Picauly, Benjami Carel
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.23632

Abstract

As a nation based on the rule of law, Indonesia places the supremacy of law as the primary foundation for the administration of national and state life. The implementation of regional and village autonomy, based on Law Number 23 of 2014 concerning Regional Government and Law Number 6 of 2014 concerning Villages, is a crucial instrument for strengthening local governance, including in the management of social conflict. Social conflicts, such as the case between Negeri Hitu and Negeri Wakal in Maluku, demonstrate that horizontal conflict between villages remains a recurring and complex issue. Regional governments have strategic authority in the prevention, management, and post-conflict recovery, as mandated by Law Number 7 of 2012 concerning Social Conflict Management. This study aims to examine the implementation of local government authority in handling inter-village social conflicts and analyze the legal consequences if local governments fail to exercise this authority. The method used is normative legal research with a statutory, conceptual, and case-based approach. The results indicate that the implementation of local government authority in handling social conflicts includes prevention, mediation, and recovery, while negligence can result in social disruption and legal consequences.
Transparansi Pemerintah Dalam Realisasi Anggran Belanja Barang dan Jasa Suwakul, Rian; Nendissa, Renny Heronia; Pattinasarany, Yohanes
PATTIMURA Law Study Review Vol 3 No 2 (2025): Agustus 2025 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v3i2.23737

Abstract

Transparency in governance is one of the main principles in realizing good governance. Through transparency, the public is able to understand and monitor the budget management process so that it is carried out openly, efficiently, and accountably. In this regard, the Ambon City Government bears a significant responsibility to implement this principle, particularly in the realization of the goods and services expenditure budget. This study aims to examine the forms of transparency implemented by the Ambon City Government in carrying out the goods and services budget, as well as the legal consequences that may arise when the principle of transparency is not upheld. The research employs a normative juridical method with statutory and conceptual approaches. Data were obtained from laws and regulations, legal literature, and other supporting documents. The results of the study indicate that transparency within the Ambon City Government is manifested through the implementation of electronic systems such as SIRUP (General Procurement Planning Information System), LPSE (Electronic Procurement Service), and the E-Catalogue, which serve as forms of public information disclosure in accordance with Law Number 14 of 2008 on Public Information Disclosure. Through these systems, the public can access information related to the planning, implementation, and reporting of goods and services procurement in an open manner. However, in practice, several obstacles remain, including low accountability and indications of budget misuse as found by the Audit Board of Indonesia (BPK) for the years 2021–2023. A lack of transparency may result in administrative, civil, and criminal legal consequences, such as contract cancellation, sanctions against authorized officials, and liability for state financial losses. Therefore, the implementation of transparency principles is a crucial factor in realizing a clean, accountable, and publicly trusted government.
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