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Legal Consequences of Official Appointment of Non-Government Civil Servants Head District Lainsamputty, Natanel
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38136

The administration of the Negeri government in Salahutu Sub-district of Maluku District was in the middle of a government vacuum, so the provision of positions carried out in practice appointed the acting head of the Negeri government who was not a civil servant from the district / city environment. This issue is clearly in conflict with applicable laws and regulations. So this research aims to analyze the appointment of the acting head of the Negeri government that is not of civil servants and how the legal consequences. The concept of appointing an official to fill the government vacancy in the village or what is called by another name, is to carry out government functions related to public services and development, so that the civil servants are competent.

Legal Consequences of Official Appointment of Non-Government Civil Servants Head District Lainsamputty, Natanel
Indonesian Journal of Advocacy and Legal Services Vol 2 No 2 (2020): Civil Rights and Advocacy: Controversial and Contemporary Issues
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v2i2.38136

The administration of the Negeri government in Salahutu Sub-district of Maluku District was in the middle of a government vacuum, so the provision of positions carried out in practice appointed the acting head of the Negeri government who was not a civil servant from the district / city environment. This issue is clearly in conflict with applicable laws and regulations. So this research aims to analyze the appointment of the acting head of the Negeri government that is not of civil servants and how the legal consequences. The concept of appointing an official to fill the government vacancy in the village or what is called by another name, is to carry out government functions related to public services and development, so that the civil servants are competent.

Nomenklatur Penataan Desa Adat Dalam Permendagri No. 1 Tahun 2017 Tentang Penataan Desa LAINSAMPUTTY, NATANEL
Bacarita Law Journal Vol 3 No 1 (2022): Agustus (2022) BACARITA Law Journal
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v3i1.7134

The purpose of this paper is to examine the arrangement of traditional villages in Indonesia, which in its development nomenclature must be used in accordance with the Minister of Home Affairs Regulation No. 1 of 2017 concerning Village Arrangement is to use the nomenclature of changing the status of the village to become a traditional village. the basis for consideration is that the status of the community called customary community units still has the status of a village. The research method used in this research is a normative research method with an approach to legislation and literature study, theory and legal principles.

Implikasi Hukum Undang-Undang Nomor 6 Tahun 2014 Tentang Desa Terhadap Eksistensi Negeri Di Kabupaten Maluku Tengah Pattinasarany, Yohanes; Pattipawae, Dezonda Rosiana; Lainsamputty, Natanel
AIWADTHU: Jurnal Pengabdian Hukum Volume 4 Nomor 2, Juli 2024
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v4i2.2501

Introduction: The consequences of the enactment of Law no. 6/2014, requires legal adjustments to be made at the regional level of Central Maluku Regency, as a basis for administering state government, one of which is related to the designation of the State as a traditional village. UU no. 6/2014 requires the regional government of Central Maluku district to organize the customary law community unit and declare it a state with the legal form of regional regulations as stipulated in Article 98 paragraph (1) of Law no. 6/2014 which regulates that Traditional Villages are determined by Regency/City Regional Regulations.Purposes of Devotion: This Community Service is in order to provide input and solutions as well as legal education, especially regarding the Legal Implications of Law Number 6 of 2014 concerning Villages on State Existence in Central Maluku Regency, including Hatumete State, Tehoru District, Central Maluku Regency, Maluku Province. Method of Devotion: The method used is legal counseling to the community and action to villages and customary villages that are partners in service.Results of the Devotion: Legal implications of Law no. 6 of 2014 regarding the countries in Central Maluku district, including Hotumesse Country, requires legal legalization of the existence of the country as a form of traditional village whose governance system is based on origin rights and customary law. Structuring the customary law community unit by paying attention to: (a) the history of the Customary Law Community; (b) Indigenous territories; (c) Customary law; (d) assets and/or customary objects; and (e) traditional government institutions/systems. The act of structuring customary law community units as an instrument for establishing the country as a form of traditional village whose extension is recognized through Law no. 6 of 2014. However, the state government and state saniri as well as the people of Hotumesse State do not yet have an understanding of the rights and authority of the State or traditional villages as regulated by Law no. 6 of 2014.

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

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.

Penataan Desa Adat di Kota Ambon (Legitimasi Status Negeri Secara Nasional) Lainsamputty, Natanel; Soplantila, Ronny; Nirahua, Graciano
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.v3i2.1617

Ambon City is the capital city in Maluku Province which has a customary law community unit called the Country, in the Village Law regulations it is obligatory to organize villages into traditional villages and villages. Determination of State in Ambon City with Regional Regulation No. 9 of 2017, if viewed from the applicable laws and regulations, the determination is not in accordance with the applicable regulations, where there must be legitimacy through the code or the Traditional Village Register Number. According to the procedure, before the determination of customary villages and villages is carried out, it is necessary to determine the recognition and protection of customary law communities, because that is a requirement for being designated as a traditional village. The research method used in this paper is normative research with a statutory approach as data primary as well as by using concepts, theories as library materials which are secondary data to analyze the issue of determining the Traditional Village in Ambon City. The results of this study indicate that until now the status of the State in Ambon City is still unclear and must be adjusted to the applicable regulations.

Penetapan Pengakuan Dan Perlindungan Masyarakat Hukum Adat Di Kabupaten Maluku Tengah Lainsamputty, Natanel
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.v3i1.1222

Central Maluku Regency is the oldest district in Maluku Province which has a customary law community unit called the Negeri, in the regulation of the Village Law, it is mandatory to organize villages into villages and customary villages. Before the determination of customary villages and villages is carried out, it is necessary to determine the recognition and protection of customary law communities, because it is a requirement to be established as a customary village. The research method used in this paper is normative research with a statutory approach as primary data and also by using concepts, theories as library materials which are secondary data to analyze the problem of establishing the customary law community unit in Central Maluku. The results of this study indicate that until now there has not been a determination of the recognition and protection of indigenous peoples in Central Maluku, this also has an impact on the stipulation of the Negeri as a traditional village in Central Maluku

OMNIBUS LAW SEBAGAI STRATEGI PENATAAN REGULASI PERTANAHAN Lainsamputty, Natanel; Soplantila, Ronny; Hetharie, Yosia
Jurnal Saniri Vol 1, No 1 (2020): Volume 1 Nomor 1, November 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v1i1.434

The Indonesian government has gone through government regimes ranging from the Old Order to the Reformation Order to date which also has an impact on statutory provisions including land policies which are constantly changing and causing overlapping of various regulations as one of the triggers for land conflicts. In order to overcome the overlapping issue of land regulations, a new breakthrough was born through the concept of the Omnibus Law from the government as a strategy and solution for structuring land regulations. Through the Omnibus Law concept, it is hoped that it can resolve land conflicts due to overlapping regulations quickly, precisely and efficiently, and can organize and harmonize various land regulations from the central to regional levels. With the effective and efficient arrangement of land regulations, it will support the improvement of the investment climate in Indonesia.

Keabsahaan Pengangkatan Kepala Pemerintahan Negeri Lisabata Timur Kabupaten Maluku Tengah Tomalima, Ilham Agus; Nendissa, Renny Heronia; Lainsamputty, Natanel
Jurnal Saniri Vol 4, No 1 (2023): Volume 4 Nomor 1, November 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v4i1.1910

The village government system in Maluku in the customary regime is known as State government and generally applies to Ambon Island and Central Maluku Regency. State government is the basis of indigenous peoples and has clear land and sea territorial boundaries called petuanan country, and a government system that is genealogical or based on lineage. The term Negeri does not come from the native language of this area or "the language of the land". A country is a territorial alliance consisting of several sub-districts, which are generally at least three. Currently, the composition of the government of the territory of the country is the territory that forms the country. Underneath there are soa areas which are formed from several old houses as genealogical alliances.This research method is descriptive, namely to describe, find legal facts as a whole and examine systematically related to the arrangement for the appointment of the head of government of the State of East Lisabata and examine whether the appointment process is in accordance with applicable regulations. The conceptual approach is used to research and search for new legal concepts. Information was collected from various literatures to obtain legal instruments and relative research sources.It is hoped that the results of this research in the future, related to the election mechanism/procedure and the appointment of the East Lisabata State Government Head, can be carried out properly and correctly in accordance with the provisions of the Central Maluku Kanupaten Government Regulation Number 03 of 2006 concerning Procedures for Nomination, Election, and inauguration of the Head of State Government and existing legislation. The East Lisabata Indigenous Peoples Unit also needs to pay attention to rational considerations about the quality of the candidate they choose, both the moral, emotional, social, and intellectual qualities of the Candidate for Head of State Government to be nominated.

Due To The Legal Non-Compliance of State Administrative Officers With The Implementation of Forced Money (Dwangsom) In The Execution of State Administrative Decisions Pattipawae, Dezonda Rosiana; Abdullah, Abdullah; Salmon, Hendrik; Lainsamputty, Natanel
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.v28i2.730

Introduction: The non-compliance of the state administrative body or official with the TUN Court decision can be in the form of not revoking the disputed State Administrative decision, not revoking the TUN decision, not issuing a TUN decision, not complying with the obligation to pay compensation set by the court and not complying to rehabilitate the good name plaintiff.Purposes of the Research: The purpose of this study is to examine and analyze the payment of forced money and administrative sanctions against state administration officials who do not comply with the state administration's decisions and legal actions due to non-compliance of state administration officials to the application of forced money (dwangson) in the execution of state administration decisions.Methods of the Research: The writing method used is sociological juridical research. The location of this research is the Ambon State Administrative Court, the Ambon City Government Legal Division, the Maluku Province Law and Human Rights Bureau and the Central Maluku District Government Law Department.Results of the Research: The results of the study indicate that the disobedience of State Administrative Officials in implementing decisions that already have permanent legal force because there are no regulations and or legal provisions regarding forced payment of money to be implemented if the State Administrative Officials do not implement decisions that already have permanent legal force, and there is no special agency or executive body

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