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Simultaneous Election of Head of Custom Village Bakarbessy, Andress Deny
SASI Volume 28 Issue 2, June 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i2.901

Introduction: The study in this paper is to analyze the involvement of custom villages in simultaneous village head elections.Purposes of the Research: to study and analyze whether custom village head elections can be carried out in conjunction with holding village head elections simultaneously.Methods of the Research: The research method used is normative research with a statutory approach and a conceptual approach.Results of the Research: The results show that simultaneous village head elections in villages and custom villages in SBB Regency can be carried out together. Where, the election process is carried out for villages based on the provisions of the Minister of Home Affairs regulation regarding village head elections, while the appointment of the head of the customary village government can be done if the candidate provided by the clan who has the right to govern is 1 (one) person, while the candidate for the head of the customary village government is more than 1 (one) there are candidates, then elections can be carried out while prioritizing the candidate for the head of government who has the right to govern based on customary rights or rights of origin.

Strengthening Village Governance and Safeguarding Human Rights: Legal Perspectives in Comparative Study Bakarbessy, Andress Deny; Jacob, John Tumba
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.514

This study examines the legal frameworks governing village administration and the protection of human rights in Indonesia, Nigeria, and Japan. The legal frameworks analyzed include Villages Law in Indonesia, the Constitution of the Federal Republic of Nigeria, the Local Government Act in Nigeria, and the Local Autonomy Law in Japan. The research adopts a normative legal approach, employing both statutory and comparative methods to examine the regulations, institutional authority structures, and legal principles of those countries. While the three countries acknowledge the significance of village autonomy and human rights protection, they differ markedly in their normative approaches. Indonesia has developed a relatively progressive legal framework; Nigeria continues to grapple with challenges related to legal pluralism; and Japan prioritizes institutional stability and community engagement. The study concludes that the effectiveness of village governance laws is significantly influenced by the clarity of legal norms, the robustness of institutional structures, and the overall coherence of each country’s legal system

The Authority of the Acting Regent in the Process of Mutation of Acting Primary High Leaders Siwalette, Anthoni; Saptenno, Marthinus Johanes; Bakarbessy, Andress Deny
PAMALI: Pattimura Magister Law Review Vol 5, No 2 (2025): JULY
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i2.2146

Introduction: The Acting Regent and Acting Mayor in carrying out their duties obtain permission from the Minister of Home Affairs to carry out Mutation and Rotation of Civil Servants for Primary High Leadership Positions and for Administrator Officials, the main thing that is considered and the reason for the Acting Regent to carry out mutations and rotations according to him, is so that the implementation of local government can run more effectively, but this policy reaps many pros and cons.Purposes of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Methods of the Research: This research aims to determine the legal regulations regarding the authority of the Acting Regent in the process of transferring Primary High Leadership officials in West Seram Regency, and the legal consequences if the mutation process of Primary High Leadership Officials is not in accordance with the process and authority stipulated in the regulatory provisions legislation.Results Main Findings of the Research: The authority of the Regional Government in appointing Primary High Leadership Positions is regulated by Law Namber 23/2014. Meanwhile, the prohibition on Acting Regional Heads from transferring employees is regulated in Law Number 5 of 2014 concerning State Civil Apparatus, Article 130A, Article 130, so that Regent Officials in making employee transfer decisions have legal consequences. Furthermore, the legal consequences of the policy of the Acting Regent of West Seram Regency in carrying out employee transfers are inappropriate.

Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Wirabuana, Zainuddin; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
MATAKAO Corruption Law Review Vol 1 No 1 (2023): Mei 2023 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v1i1.9054

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials. Purposes of the Research: Analyzing juridically through reviewing laws and regulations relating to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses. Methods of the Research: The research method used is normative, that is, research that primarily examines positive legal provisions and legal principles, explain and predicts in the direcrion of future legal developments. Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.

Kewenangan Aparat Pengawasan Intern Pemerintah Dalam Menyatakan Kerugian Keuangan Negara Wirabuana, Zainuddin; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
MATAKAO Corruption Law Review Vol 2 No 1 (2024): Mei 2024 MATAKAO Corruption Law Review
Publisher : Pusat Kajian Korupsi Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/matakao.v2i1.13517

Introduction: The Government Internal Supervisory Apparatus (APIP) is an internal supervisor who carries out the task of administering government affairs in the field of state/regional financial supervision and national development. Law enforcement officials often use the results of the APIP audit as evidence in trials of corruption cases, as well as the panel of judges at the Ambon District Court continues to accept the results of calculations and provide expert opinions in trials. Purposes of the Research: Research methods with the aim of analyzing juridically through reviewing laws and regulations related to the authority of the Government Internal Supervisory Apparatus in declaring state financial losses, and analyzing the relationship between supervisory and auditing institutions (BPK and APIP) in determining and declaring state financial losses Methods of the Research: The writing of this thesis uses normative legal Results of the Research: The results of the research show that (1) APIP remains authorized to conduct investigative audits, audit calculations of state financial losses and provide expert testimony at trial, (2) There is no legal protection that regulates the pattern of confidential audit results relations between APIP and BPK. Therefore, it is necessary to enact laws and regulations that reinforce the role of each supervisory and examiner institution to create legal certainty and prevent overlapping authorities.

Wewenang Penggunaan Aset Desa Dalam Bentuk Rumah Kepala Desa Oleh Mantan Kepala Desa Sanabuky, Kristo; Nirahua, Salmon Eliazer Marten; Bakarbessy, Andress Deny
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.v1i1.9857

The Village Head holds the power to carry out the management of finances and Village Assets which of course must be based on laws and regulations and applicable legal principles. However, inreality, the management of Village Assets is not carried out in accordance with applicable legal principles, so that Village Assets are used personally by the Former Village Head, in Keliobar Village, North Tanimbar District, Tanimbar Islands Regency. Based on this problem, it is important to examine the authority to use Village Assets in the form of a Village Head's house. The legal issue is whether the former village head is authorized to use village assets in the form of village head houses, and whether the legal consequences for the use of village assets in the form of village head houses. The purpose of this study is to determine the authority to use village assets in the form of Village Head Houses by former Village Heads, and to find out the legal consequences on the use of Village Assets in the Form of Village Heads' Houses. This study uses a normative legal research method using a statutory approach and a conceptual approach. The results and discussion show that: 1). The former Village Head is not authorized to use Village Assets in the form of a Village Head's House based on the provisions of article 10 Paragraph (1) of the Minister of Home Affairs Regulation number 1 of 2016 concerning Village Asset Management, and 2). There is a change in the status of the use of Village Assets which results in losses to state finances so that the person concerned or the user, can be subject to administrative fines.

Problematika Hukum Pengangkatan Kepala Ohoi Temorubun, Etmundus Eloresky; Bakarbessy, Andress Deny; Tita, Heillen Martha Yosephine
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.v3i2.20813

The appointment of the Head of Ohoi in Southeast Maluku Regency is regulated by Southeast Maluku Regency Regional Regulation Number 3 of 2009 concerning Ratshap and Ohoi. At the same time, in accordance with tradition, the appointment of the Head of Ohoi is conducted after the results of the Riin (House of Eyes) deliberation. In practice, the appointment of the Head of Ohoi does not align with Positive Law and related Regional Regulations. The goal of this research is to examine and analyze the legal issues surrounding the appointment of the Head of Ohoi in Southeast Maluku Regency. The research method used is normative juridical, with a Case approach, a Conceptual approach, and a Statute Approach. Legal materials include primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that the appointment of the Head of Ohoi in Southeast Maluku Regency is inconsistent with Regional Regulation No. 3 of 2009 concerning Ratshap and Ohoi and The customary law applies. The actions of the Regent of Southeast Maluku are considered procedurally flawed in the appointment because they are contrary to Regional Regulation No. 3 of 2009 concerning Ratshap and Ohoi. Therefore, the appointment process may be canceled.

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