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All Journal Justitia et Pax TATOHI: Jurnal Ilmu Hukum AIWADTHU: Jurnal Pengabdian Hukum SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review SASI CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Pattinasarany, Yohanes
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Law, Crime, Criminology & Criminal Justice

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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.
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.
Rekomendasi Badan Pengawas Pemilihan Umum Kepada Komisi Pemilihan Umum Dalam Menangani Pelanggaran Pemilu Pasca Penetapan Hasil Perolehan Suara Secara Nasional Baljanan, Gilbert Marc; Lekipiouw, Sherlock Halmes; Pattinasarany, Yohanes
Jurnal Saniri Vol 5, No 2 (2025): Volume 5 Nomor 2, Mei 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v5i2.3165

Abstract

Election administration violations, based on article 460 of the Election Law, Bawaslu has a maximum working time of 14 days to issue recommendations or decisions. Bawaslu's recommendations must be followed up by the KPU by issuing a decision letter no later than 3 days, as explained in Article 462. This problem occurs when the national vote results have been determined, then any dispute that occurs becomes the domain of the Constitutional Court. However, if a violation of election administration is found or reported, it must be followed up and decided by Bawaslu because it is based on article 454 paragraph 6 of the Election Law. The problem discussed by the author is Bawaslu's recommendation to be followed up by the KPU to change the determination of vote acquisition and the legal consequences that will be given if Bawaslu's recommendation is not followed up by the KPU.This writing uses a normative juridical research type, with a statutory regulation approach, a conceptual approach and a case approach.The research results show that regarding the legal force of Bawaslu's recommendation to change the vote tally, Bawaslu certainly has that legal force, because it is not legally prohibited. In connection with the follow-up to Bawaslu's recommendations to the KPU regarding violations of election administration, if the recommendations given by Bawaslu are not followed up by the KPU, they will be faced with various consequences, namely that the KPU can be reported by Bawaslu because it is related to the election organizer's code of ethics.
Tanggung Jawab Pemerintah Daerah Maluku Tengah Dalam Melaksanakan Penetapan Hutan Adat Hatuluayo, Rasyid; Pattinasarany, Yohanes; Holle, Erick Stenly
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 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.v3i1.18049

Abstract

Forests have a very important position in indigenous communities because forests are a place of residence for the community, providing a livelihood for the community. The problem of ownership of customary land rights or customary forests is one of the main causes of forestry conflicts in Indonesia. Conflicts over recognition of customary land rights holders are very detrimental to indigenous communities. Conflicts that often occur are the uncertainty of the status of customary community rights in forest areas and the unclear boundaries of forest areas. Conflicts over ownership of these rights often put indigenous communities in a weak position. Most cases of conflict in customary forest areas have not been resolved properly to date. Based on the provisions of Law No. 23 of 2013 which is the legal basis for granting authority to the government in determining customary law communities to customary forests through regional regulations, the regional government, more precisely the Central Maluku regional government, has not carried out its responsibilities in terms of determining customary forests, because until now the Central Maluku regional government has not ratified regional regulations regarding the determination of customary law communities, the requirement for determining customary forests is customary law communities, and this recognition is stated in regional regulations which are the responsibility of the regional government.
Tanggung Jawab Pemerintah Daerah Kabupaten/Kota Dalam Memenuhi Hak Anak Terlantar Untuk Memperoleh Identitas Diri Puru, Silvia Yuniwati; Pattinasarany, Yohanes; Soplanit, Miracle
CAPITAN: Constitutional Law & Administrative Law Review Vol 2 No 1 (2024): Juni 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.v2i1.11555

Abstract

A person's identity must be given from birth. Having an identity is a human right, so the State, Government and society must uphold and respect it, such as establishing rules or policies to protect the right to obtain an identity that applies to anyone. Therefore, abandoned children also have the right to have their own identity. However, in reality, it is not uncommon for abandoned children to have no identity. These problems and some of the descriptions above show that even though there are a number of laws and regulations, there are still neglected children who do not have a proper place to live or have personal identity. The explanation above underlies the problem being discussed, namely what form of responsibility the government gives in fulfilling the rights of abandoned children to obtain self-identity and what are the legal consequences if the government ignores its responsibilities in fulfilling the rights of abandoned children to obtain self-identity. This research aims to discuss, understand and analyze the form of government responsibility in fulfilling the rights of abandoned children to obtain self-identity and also to identify what legal consequences there are if the government ignores its responsibility in fulfilling the rights of abandoned children to obtain self-identity. This research uses a normative juridical method, with a statutory approach, a conceptual approach and a comparative approach between other legal systems.
Co-Authors Bakarbessy, Andress Denny Bakarbessy, Andress Deny Baljanan, Gilbert Marc Bulohroy, Flora Tiabetris Celsa Firmansyah, Mohamad Z Hatuluayo, Rasyid Holle, Erick Stenly Karels, Alessandro Imanuel Caesarea Karels Lainsamputty, Natanel Lawalata, Carmel Rafaela Lekipiouw, Sherlock Halmes Lelapary, Elfira Louhenapessy, Revally Matitaputty, Merlien Irene Mustamu, Julista Nendissa, Renny Heronia Nirahua, Garciano Pattipawae, Dezonda Rosiana Puru, Silvia Yuniwati Rumalean, Suwardi Salmon, Hendrik Samangun, Warnesy Atayen Sedubun, Victor Juzuf Singkery, Michael Rolando Soplanit, Miracle Supusepa, Reimon Tanda, Nunung Ramadan Tomagola, Jihan Tomia, Niati