Garuda - Garba Rujukan Digital

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

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 Pattimura University

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

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

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

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.

Tanggung Jawab Pemerintah Daerah Dalam Menyediakan Aksesibilitas Bagi Penyandang Disabilitas Pada Fasilitas Publik Louhenapessy, Revally; Sedubun, Victor Juzuf; Pattinasarany, Yohanes
TATOHI: Jurnal Ilmu Hukum Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v4i8.2475

Introduction: Disability is often defined as an illness or injury that impairs and limits a person's mental and physical abilities or the state of being unable to do things in an unusual way.Methods of the Research: The research method used is normative juridical research, the type of research is analytical descriptive. The sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used in this research is through library research. Analysis of legal materials is descriptive qualitative.Results of the Research: Based on the analysis, the authors conclude 1. The form of local government responsibility is to provide access to infrastructure, access to single residential buildings inhabited by persons with disabilities, and provide facilities for pedestrians. 2. Legal consequences if the Regional Government does not carry out its responsibility to provide accessibility, that is, it will be subject to sanctions in accordance with the provisions of the applicable laws and regulations

Legalitas Pemberhentian Ketua Badan Permusyaratan Desa Oleh Kepala Desa Rumalean, Suwardi; Pattinasarany, Yohanes; Matitaputty, Merlien Irene
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.v2i2.11573

The Village Government carries out various village government activities which are contained in the statutory regulations. This research aims to find out and analyze whether the action of dismissing the Chair of the Village Consultative Body by the Village Head is not legal. To find out and analyze the impact and legal consequences that occur regarding the actions of the Village Head who do not have legality in dismissing the Chair of the Village Consultative Body. This research includes normative juridical. 1. The results of the research are based on Articles 12, 14, 15, 17, 18, 19, 20, 21, 27, 28, 29, 30, 32, 33, 34, 35, 46, 47, Article 63 of Permendagri 110 of 2016 concerning Village Consultative Body, and Articles 55, 56, 58, 59 of Law Number 6 of 2014 concerning Villages, the village head does not have direct authority to dismiss members/leaders of the Village Consultative Body or appoint new members of the Village Consultative Body. So the dismissal of the Chairman of the Village Consultative Body carried out by the Village Head has no legality. The Legal Consequences if the action of dismissing the Chairman of the Village Consultative Body by the Village Head who does not have legality is null and void, as well as the Legal Consequences of the village head's legal action being declared null and void in the first place based on invalid authority and not fulfilling the provisions of the provisions which must be fulfilled in order for a village head's actions to be declared valid.

Keabsahan Surat Edaran Yang Muatan Materinya Bersifat Pengaturan Dan Sanksi Pattinasarany, Yohanes
Jurnal Saniri Vol 3, No 1 (2022): Volume 3 Nomor 1, November 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i1.1224

Today's increasingly rapid development of government practices, the government often makes circular laws which are used as the legal basis for legalizing government actions or actions in certain areas of government affairs. However, the act of forming a circular letter in question sometimes creates legal problems because it is not in accordance with the nature of the circular letter in question because the material content of the circular letter is of a general regulatory nature and even contains legal sanctions. Even though the existence of a Circular Letter as part of a policy regulation that contains information or official notices that are technical guidelines in carrying out a government affair. The contents of a Circular Letter are organizational internal technical guidelines, which are different from Laws and Regulations which contain generally accepted regulatory material (into and outside the scope of the institution that makes it) and contain sanctions as a form of coercive power, so that if there is a circular letter whose material content is regulations and contains sanctions, the circular letter is considered to have no validity, because it is not in accordance with its nature, function and position.

Legitimasi Penetapan Status Negeri Di Kecamatan Teon, Nila, Serua, Kabupaten Maluku Tengah Sebagai Desa Adat Lelapary, Elfira; Bakarbessy, Andress Deny; Pattinasarany, Yohanes
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.v4i2.2177

Even though it is recognized, the legitimacy of traditional village status is often a problem. The determination of countries as traditional villages without traditional territories or petuanan is as regulated in Article 97 of Law Number 6 of 2014 concerning Villages, that one of the requirements for establishing a traditional village is that the customary law community unit must have a territory or customary area. However, the regional government of Central Maluku Regency has designated the Negeris in the TNS sub-district as traditional villages but do not have territory or customary areas. There are two problem formulations that will be discussed in this paper, namely whether the determination of the status of the lands in Teon, Nila, Serua sub-districts, Central Maluku district has legitimacy as traditional villages without having customary territories?, and what are the legal consequences if the status of the lands in Teon, Nila, Serua sub-districts, Central Maluku district has legitimacy as a traditional village without having a traditional territory Normative research was conducted to analyze the application of positive legal norms in traditional village legitimacy policies. The government's decision to legitimize the status of traditional villages is crucial to respecting the recognition and maintaining the identity of traditional villages, in accordance with existing norms. The results of this research are that the determination of State status in Teon, Nila, Serua Districts, Central Maluku Regency does not have legitimacy so the result is null and void.

Pengaturan Penetapan Batas Pengelolaan Wilayah Laut Oleh Pemerintah Daerah Provinsi Maluku Lawalata, Carmel Rafaela; Lekipiouw, Sherlock Halmes; Pattinasarany, Yohanes
Jurnal Saniri Vol 5, No 1 (2024): Volume 5 Nomor 1, November 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i1.2516

Article 27 and Article 28 of Law Number 23 of 2014 concerning Regional Government has given authority to provincial regions and provincial regions characterized by islands to manage natural resources in the sea in their territory. However, in its implementation, the Maluku Provincial Government has not yet established the Maluku Province Marine Area Management Boundary. Maluku Province is also a provincial area characterized by islands.The method used to analyze and discuss the problem is Normative Juridical. The problem studied in this research is the responsibility of the Regional Government of Maluku Province in determining the boundaries of the marine management area of Maluku Province and the legal consequences if Maluku Province does not determine its marine boundaries. The results showed that the responsibility of the Provincial Government in determining the boundaries of marine area management is regulated in Article 27 and Article 28 of Law Number 23 of 2014 concerning Regional Government. But in reality the authority has not been implemented by the Maluku Provincial Government. The legal consequences if the Maluku Provincial Government does not determine the boundaries of marine area management are the absence of legal certainty regarding the boundaries of marine area management as far as 12 (twelve) miles from Maluku Province and potentially regions bordering Maluku Province can issue permits to carry out management in marine areas that should belong to Maluku Province. sea area that should belong to Maluku Province.

Keterbukaan Dan Akuntabilitas Dalam Penyelenggaraan Pemerintahan Desa Lermatang Kecamatan Tanimbar Selatan Kabupaten Kepulauan Tanimbar Bulohroy, Flora Tiabetris Celsa; Mustamu, Julista; Pattinasarany, Yohanes
Jurnal Saniri Vol 3, No 2 (2023): Volume 3 Nomor 2, Mei 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v3i2.1619

Introduction: Openness and Accountability are principles in the administration of government, including in the administration of village government, so that every government administrator, including the village government of Lermatang, South Tanimbar sub-district, Keulauan Tanimbar Regency, is obliged to apply the principles of openness and accountability in the process of Government Administration, Village Development, Community Development and Community Empowerment. In the explanation of Article 24 letter d of Law no. 6 of 2014 that Openness is a principle that opens itself to the right of the community to obtain correct, honest, and non-discriminatory information regarding the Implementation of Village Government by taking into account the provisions of the legislation. While accountability according to the explanation of Article 24 letter g of Law no. 6 of 2014 is the principle that determines that every activity and the final result of the implementation of Village Government activities must be accountable to the Village community in accordance with the provisions of the legislation. In the administration of village government, the village government as the organizer of the village government in carrying out the tasks and authorities given must be open and responsible for the actions or actions taken. However, the facts found are that the Lematang Village Government does not comply with the rules as mentioned above, and/or does not apply the Principles/Principles of Openness and Accountability in the Village Administration process.Purposes of the Research: To research and analyze the Implementation of Government in Lematang Village, South Tanimbar Tanimbar, Tanimbar Islands Regency, it is carried out in an open and accountable manner and the legal consequences for the Government in Lermatang Village, South Tanimbar District, Tanimbar Islands Regency if it is not open and accountable in the administration of government.Methods of the Research: The method used is a normative juridical research method using descriptive analysis of legal materialsResults of the Research: The results of the study indicate that in the administration of government in the village of Lematang, South Tanimbar District, Tanimbar Regency, the Lematang village government does not apply openness and accountability in carrying out all government affairs that are under the authority of the village. Therefore, the legal consequence for the Lematang village government if it is not open and accountable in the administration of village government is that it should be subject to administrative sanctions (dismissal) from position as village head.

Title

Found 19 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 19 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 19 Documents
Search