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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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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, Universitas Pattimura

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

Abstract

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

Abstract

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

Abstract

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

Abstract

      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

Abstract

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

Abstract

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.
Responsibilities of Regency/Municipal Governments in Managing Basic Education Affairs Pattinasarany, Yohanes
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.751

Abstract

Introduction: The handover of basic education affairs by the central government to regencies/municipalities, raises the responsibility of district/city local governments to manage basic education affairs in order to provide quality basic education to local community members.Purposes of the Research: Analyze the form of responsibility for the district/city government in managing basic education affairs.Methods of the Research: The writing method used is normative law, by reviewing positive legal provisions, legal principles, legal principles and legal doctrines in order to build legal arguments related to the substance under study.Results of the Research: The results of the study show that the form of responsibility of the district/city government in managing government affairs in the field of basic education involves administration, institutions, finance, and facilities and infrastructure, and so on through government policies and legal actions as well as government services in the field of basic education to fulfill the rights of every citizen. citizens to obtain quality basic education services as a basis for continuing to secondary education and higher education. Neglect of the implementation of the said responsibility can be held legally responsible through accountability.
Pemberian Izin Usaha Toko Modern Alfamart Dan Indomaret Oleh Pemerintah Kota Ambon Samangun, Warnesy Atayen; Pattinasarany, Yohanes; Nirahua, Garciano
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 5, No 1 (2025): Volume 5, Nomor 1, April 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sanisa.v5i1.3026

Abstract

Introduction: The problem studied in this research is about the granting of business licenses for modern stores alfamart and indomaret by the Ambon City Government based on the Presidential Regulation and the Regulation of the Minister of Trade which requires Regional Governments to establish their respective Regional Regulations related to the granting of business licenses for the construction of modern stores that have not been implemented by the Ambon City Government and the legal consequences of the negligence of the Regional Government.Purposes of the Research: Methods of the Research: The method used in analyzing and discussing the problem is normative research method. The Ambon City Government until now still has not established a Regional Regulation to regulate the granting of business licenses for modern alfamart and indomaret stores, this has resulted in the construction of modern alfamart and indomaret stores which are built in close proximity so that they can cause unfair competition between modern stores and people's markets / traditional shopsResults / Findings / Novelty of the Research: The results showed that the Ambon city government, before the enactment of the Job Creation Law, always issued business licenses for the establishment of modern alfamart and indomaret stores based only on the Presidential Regulation and Permendag, but did not ignore its obligation to establish its Regional Regulations to regulate the granting of business licenses for modern alfamart and indomaret stores in the city of Ambon itself, resulting in a lot of unhealthy competition between small shop entrepreneurs or people's markets with traditional shops.
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.
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