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All Journal TATOHI: Jurnal Ilmu Hukum PAMALI: Pattimura Magister Law Review
Bakarbessy, Andress Deny
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Law, Crime, Criminology & Criminal Justice

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The Position and Function of the Election Supervisory Agency in the Indonesian Constitutional System: A Case Study of the Dispute Over the 2024 Presidential and Vice Presidential General Elections Sebastian, William Markus; Tjiptabudy, Jantje; Bakarbessy, Andress Deny
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.2812

Abstract

Introduction: Elections are vital in democracy, enabling people to choose leaders. In Indonesia, the General Election Supervisory Body (Bawaslu) ensures transparency, integrity, and fairness in every election stage, nationally and regionally. Its role is crucial for overseeing the 2024 Presidential and Vice-Presidential Elections to guarantee free and fair processes.Purposes of the Research: This study aims to analyze Bawaslu's legal standing within Indonesia's constitutional framework and evaluate the supervisory mechanisms implemented by Bawaslu for the 2024 Presidential and Vice-Presidential Elections.Methods of the Research: The study adopts a normative juridical approach by examining various relevant laws and regulations, particularly Law Number 7 of 2017 on Elections. Additionally, a case study approach is utilized to gain a deeper understanding of the challenges faced by Bawaslu in performing its oversight duties.Results Main Findings of the Research: This study finds that Bawaslu's legal standing as an independent election oversight institution is clearly established in Law Number 7 of 2017. Despite its authority to address violations, challenges like evidence sufficiency and bias allegations persist, often escalating cases to the Constitutional Court. Reforming oversight mechanisms is essential to strengthen accountability and public trust in elections.
Efektivitas Tugas Camat dalam Melakukan Fasilitas Penyusunan Peraturan Desa dan Peraturan Kepala Desa Sukma, Rooslia; Salmon, Hendrik; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i6.646

Abstract

Introduction: One of the tasks of the sub-district head is to facilitate the preparation of the Perdes, but in practice many villages in Ambon City do not yet have a Perdes. The legal issue is whether the camat is effective in facilitating the preparation of village regulations in Ambon City. Purposes of the Research: The purpose of this study was to determine and analyze the effectiveness of the camat's duties in facilitating the preparation of village regulations and village head regulations.Methods of the Research: The type of research used is sociological juridical, namely a research in the field of law that aims to examine the implementation of legislation, legal principles, legal rules in society, the data of this research are primary data and secondary data.Results of the Research: The results showed that the Camat was not effective in the task of facilitating the preparation of village regulations because of the absence of communication, coordination between the sub-district and village government and efforts to foster in the preparation of village regulations. This is influenced by weak supervision of the sub-district head and the absence of sanctions for the sub-district head to be ineffective in carrying out his duties, as well as the lack of compliance with applicable laws.
Penegakan Hukum Administrasi Terhadap Izin Usaha Perkebunan Budidaya Di Kabupaten Seram Bagian Timur Kohilay, Puan Yulistiana; Nirahua, Salmon Eliazer Marthen; Bakarbessy, Andress Deny
TATOHI: Jurnal Ilmu Hukum Vol. 2 No. 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v2i1.900

Abstract

Introduction: The government of East Seram district issued a nutmeg cultivation business permit to CV Sumber Berkat Makmur which was carried out in Sabuai village, Siwalalat district, East Seram district, by not activating the supervisory function and applying sanctions.Purposes of the Research: Analyzing and reviewing how the East Seram district government should enforce administrative law on permits that have been issued. Methods of the Research: This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines in order to answer the legal issues at hand.Results of the Research: The government of East Seram district issued a business license for nutmeg cultivation in Sabuai village, Siwalalat district, East Seram district, after the permit was issued the government did not exercise its authority based on the applicable laws and regulations. In addition, the SBT government as the permit issuer also implements sanctions in the form of revocation of business licenses but this is not in accordance with the procedures for applying sanctions in existing laws and regulations.
Co-Authors Jantje Tjiptabudy Kohilay, Puan Yulistiana Nirahua, Salmon Eliazer Marthen Salmon, Hendrik Sebastian, William Markus Sukma, Rooslia