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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 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.
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.
Pertanggungjawaban Hukum Badan Pertanahan Nasional Terhadap Keberadaan Sertifikat Ganda Tanner, Juliani; Salmon, Hendrik; Pattinasarany, Yohanes
CAPITAN: Constitutional Law & Administrative Law Review Vol 1 No 1 (2023): Juni 2023 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.v1i1.9905

Abstract

Certificate of land rights as a product of land registration which provides legal certainty and legal protection to persons or legal entities. However, sometimes more than one certificate is issued by the National Land Agency which results in multiple certificates. This writing aims to find out how the legal responsibility of the National Land Agency is for the existence of multiple certificates. This research is a normative juridical research by means of research conducted by collecting primary, secondary, tertiary data obtained by using library research. The results of the study show that the legal responsibility of the land agency if there are multiple certificates is carried out in the form of legal responsibility in the aspects of civil law and administrative law. Legal responsibility in the aspect of civil law, When the land agency issues a certificate resulting in the appearance of multiple certificates which results in a loss to the parties to the said certificate, it is obligatory to compensate for the intended loss. Meanwhile, the legal responsibility of the land agency from the legal aspect of state administration is based on the granting of authority to the land agency to issue certificates of land rights. Every agency or official in exercising authority must be responsible for its implementation. Implementation of legal responsibility from the legal aspect of state administration through the act of canceling the intended certificate. As well as the legal consequences for officials of the national land agency if there is a double certificate, there are sanctions for the land agency official who issues the certificate which results in a double certificate.
PENGATURAN PEMILIHAN KEPALA PEMERINTAH NEGERI DI KABUPATEN MALUKU TENGAH H Lekipiouw, Sherlock; Lainsamputty, Natanel; Pattinasarany, Yohanes; Salmon, Hendrik
UNES Law Review Vol. 5 No. 2 (2022)
Publisher : Universitas Ekasakti

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.
Kewenangan Melakukan Pengawasan Pembagunan Kontruksi Speed Bump Pada Jalan Tanda, Nunung Ramadan; Pattinasarany, Yohanes; Nirahua, Garciano
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 2 (2025): Desember 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.v3i2.18090

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.
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.
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